HomeMy WebLinkAbout05-20-1997
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City Council
Agenda Packet
May 20, 1997
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Agenda No.
AGENDA Agenda hem_
C17 Y OF DENTON CITY COUNCIL Date S--LD- 97
May 20, 1997
After determining that a quorum is present and convening in an open meeting, the City Council will
convene in a Closed Meeting of the City of Denton City Council on Tuesday, May 20, 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:
1. Closed Meeting:
A. Consultation with Attorney Under TEX. GOV'T CODE Sec, 551.071
L Discuss and consider Sangster and Tetreauli claims growing out of the drowning
incident which occurred at Bell and Robertson Streets in November, 1996.
B. Conference with Employees Under TEX. GOVT CODE Sec. 551.075. The Council
may receive information from employees or question employees during a staff conference
or briefing, but may not deliberate during the conference.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEX. GOVT CODE CIL 551. THE CITY COUNCIL RESERVES THE RIGHT TO
ADJOURN INTO A CLOSED bIEFTING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX
GOVT CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS
OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED
MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE
TEXAS OPEN MFUTINGS ACT, INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071 -
551.085 OF THE OPEN MEETINGS ACT.
Regular meeting of the City of Denton City Council on Tuesday, May 20, 1997 at 7:00 p.m. in the
CounriI Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will
he considered:
1. Pledge of Allegiance
A. U.S. Flag
B. Texas Flag
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Consider approval of the minutes of March 18, 1997. `
3. Consider a Resolution of Appreciation for David Bites.
4. Consider a Resolution of Appreciation for Jerry Cott.
VITIZEN REPORTS
5. Dessie Goodson regarding city government issues. +
6. Joc Dodd regarding "my death, your taxes, and our access t.v.".
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City of Denton City Council Agenda
May 20, 1997
Page 2
7. Ross Melton regarding "prosecutorial immunity" of the City Attorneys.
8. David 7.oltner regarding Opcn Meetings and public trust.
NOISE EXCEPTION
9. Coeciuer a request for an exception to the noise ordinance for the 1997 Juneteenth activities June
13-14, 1997 and June 19-20, 1997 at the Fred Moore Park until 12:00 midnight,
PUBLIC HEARING'S
10. Hold a public hearing and consider adoption of an ordinance rezoning 0.464 acres from the
Multi-Family 1 (MF-1) zoning district to a General Retail Conditioned (GR[c]) zoning district,
The subject property is located on the north side of University Drive (US 380), approximately
500 feet east of Locvst Street. (The Planning and Zoning Commission recommends approval
5-0.)
11. Hold a public hearing and consider adoption of an ordinance rezoning 0.211 acres from the
Office (O) zoning district to the Multi-Family 1 (MF-1) zoning district. The subject property
is located on the southwest corner of First and Elm Streets, (The Planning and Zoning
Commission recommends approval 6-0.)
12. Hold a puhlic hearing inviting citizens to comment on the City of Denton's 1997 Action Plan
for housing and community development.
13. Hold a public hearing and consider and take action regarding Marcus Cable rates for basic cable
service, remote controls and converters, and the hourly service charge.
CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof wi?1 be strictly on the
basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or
® his designee to implement each item in accordance with the Staff recommendations. The City Council
has received background information and has had an opportunity fo 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 itm.s 14.18).
• This listing is provided on the Consent Ager da to allow Council Members to discuss or withdraw an • 0
item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items 14-18
(-low will be approved with one motion. A citizen may not speak or fill out a "request to speak" form
on an item on the Consent Agenda unless the item is removed from the Consent Agenda. The speaker
shall he allowed to speak and the item shall then be considered before approval of the Consent Agenda. 1
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City of Denton City Council Agenda
May 20, 1997
Page 3
14, Consider adoption of an ordinance accepting competitive bids and awarding a contract for the
purchase of materials, equipment, supplies or services. (Bid #2040-Heavy Equipment Mechanic)
IS, Consider adoption of an ordinance accepting competitive bids and awarding a contract for the
purchase of materials, equipment, supplies or services. (Bid #2041 - PVC Conduit &
Accessories)
16. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the
purchase of materials, equipment, supplies or services. (Bid #2042 - Traffic Signs & Supplies)
17. Consider adoption of an ordinance amending Ordinance 97-099 prescribing the number of
positions in each classification of police officer; prescribing the number of positions in each
classification of fire fighter; repealing all prior inconsistent ordinances and resolutions to the
extent of any such conflict; and providing a repealer.
18. Consider adoption 0 an ordinance regulating parking of vehicles each year during the North
Texas State Fair and Rodeo by temporarily prohibiting the parking of vehicles on both sides of
Carroll Boulevard from its intersection with Fain Street to its intersection with Headlee Street,
the west side of Denison Street from its intersection with University Drive to its intersection with
Sherman Drive, the east side of Denison Street from its intersection with Sherman Drive to its
intersection with Headlee Street, the west side of Bolivar Street from its intersection with
Sherman Drive to its intersection with Fain Street, the south side of Ross Street from its
intersection with Carroll Boulevard to its intersection with Bolivar Street, the north side of Strata
Drive from its imersection with Carroll Boulevard to its intersection with Mesquite Street, and
the north side of Fain Street from its intersection with Carroll Boulevard to its intersection with
Bolivar Street; providing a severability clause; and providing for publication thereof.
ITEMS FOR INDIVIDUAL CONSIDERATION
19. Consider adoption of an ordinance authorizing the City Manager to execute a contract between
the City of Denton and Three-K Construction, Incorporated; authorizing the City Manager to
execute any arid all documents necessary to consummate the purchase of real property in
accordance with said contract; and authorizing the expenditure of funds.
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20. Consider adoption of an ordinance authorizing the City Manager to e, ecute a commercial lease
agreemcnt between the City of Denton and Hanger 10 Flying Museum for approximately 32,400
squat feel of property located at the Denton Municipal Airport, with options on the lease of
addilk nal property comprish g an additional 64,800 square feet.
21. Consider adoption of an ordinance authorizing the City Manager to execute an agreement for O
professional services between the City of Denton and DeloWe and Touche, L.L.P. for
independent audits.
22. Consider approval of a resolution approving a right-of-way use agreement between the City of
Denton and Joseph E. Cripps.
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City of Denton City Council Agenda
May 20, 1997
Page 4
23. Consider approval of a resolution authorizing the City Manager to execute an agreement between
the City of Denton and the Texas Natural Resource Conservation Commission (T.N.R.C.C.)
granting a license to the Texas Natutal Resource Conservation Commission for an air pollution
monitoring station.
244 Consider an appointment to the Board of Directors of the Upper Trinity Regional Water District.
25. Consider nominations/appointments to the City's Boards and Commissions,
26. Miscellaneous matters from the City Manager.
27. Official Action on Closed Meeting Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
28. New Business
This item provides a section for Council Members to suggest items for future agendas.
29. Possible Continuation of Closed Meeting under Sections 551.071 - 551.085 of the Texas Open
Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City
r of Denton, Texas, on the day of 1997 at o'clock (a.m.) (p.m.)
• CITY SECRETARY
NOTE,: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE ]TEARING 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 p O
TELECOMMUNICATIONS DEVICES FOR THE DEAF(TDD) BYCALLING 1-800-RELAY-
TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
J THE CITY SECRETARY'S OFFICE.
ACCO0384
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Agenda ND._
Agenda Item
CITY OF DENTON CITY COUNCIL MINUTES Date "ate- 7
March 18, 1997
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The council convened into a Closed Meeting on Tuesday, March 18,
1997 at 5:45 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Durrance, and Young.
ABSENT: None
1. The following items were considered in Closed Meeting:
A. Legal Matters Under TEX. GOVT 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
The Council convened into a Regular Meeting on Tuesday, March 18,
1997 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Durrance, and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Mayor Miller presented a proclamation for National Community
Development Week.
CITIZEN REPORTS
2. Glenn Goode regarding a water line from the Upper Trinity
Regional Water District to his property and possible deannexation.
Mr. Goode was not present at the meeting.
3. Mickey George regarding clarification of City Council Members
responsibilities and obligations to citizens.
Mr. George stated that he would like a clarification of the
responsibility of the city of Denton. He had checked with the City
Charter for responsilJ lity to the citizens but it did not address
the issue. He assumed that the responsibilities of the Council
were to the citizens. He represented individuals who had signed a O O
petition dealing with the late hours closing. They opposed a
decision made by Council regarding that late closing. As citizens,
t'.f organized a campaign to have a petition signed. After they 1
ad almost 700 signatures, he found out that there was a problem
with the petition and that it would not be a legal petition when
submitted. He had requested a meeting with the City Attorney in
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order to discuss any problems which they had with the petition. He
found out that the City Attorney was the Council's attorney and not
the citizens attorney. He needed guidance for the petition to
present it to the Council and one that would be within the
guidelines of the Charter.
4. :oe Naderi regarding a possible suspension of his taxi cab
license.
Monica Belew stated that she was representing the Denton City Taxi
Service. A decision had been made by the Police Department to give
them a ten day suspension of cab service. The Denton City Taxi
Service had been serving the City of Denton since 1990 but over the
past month the previous management of the company had had some
problems with paper work not being in order and an accident by a
temporary driver. The company was opposed to the decision and asked
the Council to vote against the suspension of the service. The
Company was now in compliance with all City codes. Denton City
Taxi was now under new management and accepted full responsibility
for past problems. They would pay any fines for infractions. The
public depended very much on their services. The company wanted to
work closely with the City of Denton and with the police department
to provide safe dependable service. She asked for a swift decision
as the beginning of the suspension started on the next day. Denton
City Taxi Service would like to avoid any interruption of service.
Mayor Miller stated that the Council could not act on a citizen
report but rather it was to receive information. The issue could
be referred to staff but Council could not act on it at this
meeting.
Belew stated that this was the first chance the Company had to
address the Council regarding the issue.
1 City Attorney Prouty stated that the taxi cab ordinance indicated
an appeal process but nothing in writing had been received that the
• company wanted to appeal the suspension. The Texas Open Meetings
Act required any Council action to be posted 72 hours in advance of
the meeting. There was no action item on this issue posted for
this agenda. At the end of the meeting there was an item whereby
Council Members could request items for future agendas. There was
no legal way to take action on this request at this meeting.
Belew asked if a temporary injunction could be placed on the I,
• suspension in order to make an appeal. • O
I City Attorney Prouty stated that the Council could not take action
JJJ at this meeting.
Mike Jez, Executive Director of Operations, stated that a due
process hearing was held in his office. The permit holder and two
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March 18, 1997
Page 3
representatives appeared at that hearing at which time no
circumstances were offered for the violations presented. A letter
was delivered to the permittee explaining the suspension, notifying
them that they had an appeal right before the Council and giving
them a copy of the ordinance. The suspension was delayed to give
them time to apply for a hearing befora the Council. This company
had a history of violations since 1992 with a previous suspension.
His decision would stand short of an appeal before the Council.
Council Member Young stated that he had looked at this petition and
many of the people on the petition were in his district. He would
ask the City Manager to place this item on the next agenda.
5. Chris Coil regarding questions concerning construction of a
road off of Woodrow Lane to the isotope development site.
Mr. Coil stated that the last time he spoke before the Council, he
spoke at a special meeting the Council was having to deal with the
decision of using the public's tax money to build a road for a
private corporation. He argued at that time against that practice
as it was bad public policy and was not proper use of the public's
tax dollars. He asked for an environmental impact study which was
not done. He asked Council how they got to the reeting this
evening. They had to drive on public roads which were in very poor
c,-)ndition. The Council had decided to spend tax dollars on a
private road rather than on public roads. He had spoken to many
individuals and they were angry about spending money for corporate
we.Efare. He also questioned the 501 tax break given on utilities
to new corporations in the City. He did some checking into the
corporation which would be coming to the City. He asked who owned
the property on which the business would be built. He asked for
the Hoard of Directors of the company and could not receive an
answer. He thought he could incorporate himself and receive a tax
break with a private road to his property plus a 501 break on his
utilities.
6. Eric Posa regarding questions concerning construction of a
road off of Woodrow Lane to the isotope development site.
Mr. Posa stated that the previous speaker brought up concerns about
a private road which would provide access to a facility by
international isotopes, Inc. There were numerous environmental
problems with this proposal. He had concerns about the fact that
a radioisotope facility would be built within the City of Denton.
® No environmental impact study had been completed. The Food and •
Drug Administration had no records for this company. He was
concerned about the site where the facility and road would be
built. There was evidence to suggest that the site and road was
the site of the old Denton City dump in the 192019. He had visited
the site several hours ago and found a clearly visible layer of old
trash two to three feet under the ground. During the time the dump
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March 18, 1997
Page 4
was in operation there were less regulations on what could be
buried. There was a large amount of old rusted metal which was
seeping into the creek. This raised an environmental concern if
someone were going to build in this area. It was questionable what
might be found there. There were two sink holes in the area. One
was found around a manhole and another 8 feet deep and 30 feet
wide. He asked the Council to do an environmental impact study for
the facility and the road so that the citizens of Denton could be
made aware of the effects the construction would have in this area.
7. Jerry Drake regarding questions concerning construction of a
road off of Woodrow Lane to the isotope development site.
Mr. Drake stated that he had three concerns regarding the
construction of the road. He was concerned about the deliberate
attempt to misrepresent the true facts in this case. His first
concern dealt with the roadway. On December 19th of last year, the
construction of a roadway was proposed by Tom Fouts before the
Economic Development Corporation. At that meeting, the plan
indicated that the road would provide a connection between Loop 288
and Woodrow Lane. On January 13th and February 10th the Denton
Record-Chronicle, providing specifics o-, the deal, reported that
the road would connect Woodrow Lane and Loop 288 and would be 3,232
feet long. The City ordinance approved by the City Council on
February llth provided for the construction of a 3,232 foot road
but that road would not connect Woodrow Lane and Loop 288 as the
distance between those two highways was 6,600 feet. This road was
not a link between Woodrow Lane and Loop 288 but a parkway for the
sole use of International isotopes and the other members of the
North Texas Research Center. A second concern dealt with the
City's misrepresentation on the planning involved with the
construction of this road. It had been stated that this was r road
that the City planned to build. Linda Ratliff informed Council that
the road project was not in the CIP plan but was on the long range
thoroughfare plan. This was not true. This was a free road to
• increase the value of this property at taxpayers expense. This was
not a project which the City was planning to do.
8. Chuck Norton regarding questions concerning construction of a /
road off of Woodrow Lane to the isotope development site.
Mr. Norton stated that he had studied two recent elections in the
City. One was an exercise of political power at the TI site. That
® election created County Development District Number 1. To hold
this election the City arranged to have a City Attorney live there
for 30 days to establish residency and then he was the election
judge. The purpose of this election was to facilitate the move of
Dell Computer to Denton. The Council had a strange philosophy of
government !nd response representation. It appeared that a
corporate interest had much more clout than the citizens. The
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second election was the one in January in which the citizens
rejected the proposed sales tax increase. He felt that the mandate
of the people was that they did not want to be taxed to fund the
Economic Development Corporation and did not want the continued
existence of the Corporation. Council did not understand that
message from the citizens. This proposal was an example of
corporate welfare. The Council was more interested in pleasing a
corporate interest than in heeding the will of the citizens. He
encouraged the Council to be as open as possible about what was
going on.
Council Member Beasley stated that this topic was fully discussed
at an open meeting as were the benefits of the road. The road did
not go all the way through to Loop 288 but it was on the
thoroughfare plan and eventually would go through to Loop 288. It
was not a private road. It would be a road within the City of
Denton. If the property was developed and if the City built the
road, the company would dedicate the right-of-way for the road.
The memorandum of understanding was with a realty company which was
proposing that this company would build a plant in Denton. If the
company did not build, there would be no road. The City had to
have assurances that the company would build in the City. A
building permit would have to be issued before the city started any
road work. There were three conditions which the company had to
meet in three years. They had to have built two buildings, one
worth four million dollars and the other worth $750,000. They had
to have personal property value of $7.5 million and an employment
with a payroll of $4 million. If these conditions were not met, a
lien would be placed on the property or escrow money would be set
aside for the recovery of the cost of the road. If the company met
those three conditions in three years, the City would have
recovered the cost of the road through taxes. There would not be
any new taxes going to economic development. This was being done
with money which was already received in the City. This was a win-
win situation for the City. People associated with the company
worked with UNT as did their research company. This was not a fly
i by night company coming into the City. The benefits to the City
were high quality jobs. The people against the sales tax election
were not in opposition to economic development.
Mayor Pro Tem Brock wanted to remind the people that the Council
was not the enemy. They were citizens and neighbors of the City.
They volunteered many hours for the City and were not the enemies
® but rather provided service to the community. One job they had is
elected officials was how to pay the bills. They were aware of the O @
J conditions of the streets. Where did the money for these
improvements come from. That money partly came from ad valorem
taxes. When property values went up, the amount of taxes collected
went up. The Council was looking for quality development that
would provide good jobs for the citizens and that would tie in with
programs which already a-:sted at the universities. A reference
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had been made regarding a 50% reduction in utilities. Actually it
cost less to provide a kilowatt hour of electricity to a large user
than to small user. If larger users could be encouraged to come to
Denton, the rates for residential customers would be lower. It was
true that the Thoroughfare Plan showed the connection with Morris
Street. She was one of the first Council Members to point out some
problems with that as Morris Street stubbed into a railroad track.
It would not tie in anywhere. She urged staff before this case
came up to move the alignment to Shady Oaks which made a smoother
movement and made more sense. That would also preserve a valuable
residential portion of the community. The Council was not in the
pay of anyone and was not in league with anyone against the
citizens.
Council Member Young stated that the people indicated that they
were in favor of economic development without raising taxes.
Within the framework of the economic development department, there
was money for these types of projects and in the long run, the road
would benefit the entire area. The Environmental Protection Agency
declared the area safe. The people indicated no new taxes for
economic development. This was a way to do that without increasing
taxes. In the long run, the road would pay for itself. This was
not a private road but a City road owned by the citizens. This was
a win-win situation for the City. In the long run this company and
others in the area would pay for the road. This was not corporate
welfare but a tax like the half cent sales tax was corporate
welfare. This was economic development at its best.
Council Member Cott stated that the City was not operating in a
vacuum when operating for economic development.
Council Member Durrance stated that he had taken time to speak to
people who had run the effective campaign against the sales tax.
This issue had also been discuss at public meetings. In
discussions it was made clear that the Council was in favor of
economic development and that economic development should not be in
the hands of a private body or authority. Rather it should be the
responsibility of the electEd officials. This was not a free ride
for anyone and would not continue to be. The licensing of this
facility was controlled by federal authorities. The negotiations
were on-going and were published in an open agenda available for
the public. The discussions were held in open meetings and done in
a public basis. This was one of the first agreements that he had
seen which would require that the company make obligations with
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regard to having a road out there. The power requirements of this O •
company would help and aid in reducing kilowatt hours across the
board. By promoting these types of projects the City was providing
areas for further development in the city. He encouraged the
people who spoke to the Council to stay in touch with the Council
and become more versed with items on Council. This continued to be
a win-win situation for the City and was an on-going process.
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City of Denton City Council Minutes
March 18, 1997
Page 7
Mayor Miller stated that a question of safety had been raised.
This type of operation was very safe. It would be regulated under
the strict control of the federal government. His son worked at
least ten years dealing with low level isotopes in California.
This might not be only one plant but many. This company would have
very strict rules in terms of safety in the community. It was
unfair to leave an impression that this company would be an unsafe
facility.
CONSENT AGENDA i
Council Member Cott stated that he would like to discuss Items 116,
17,and 19.
Council Member Cott stated that an order was being given to an
architectural firm with no parameters in regards to the Civic
Center Complex. He recommended that the order be tied in with the
general fund at the time it was going to be built. It needed to be
time phased during the project.
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Mayor Miller stated that this was not for the Civic Center. It was
for the ^ntire area master plan for the complex.
Mayor Pro Tem Brock stated that this would be an architectural
drawing for the Council to consider for the future. The plan would
be looked at each year during the budget cycle and if the money was
available, parts of the plan would be implemented. It would be an
orderly development of the area.
Council Member Cott stated that this would not increase ta:,en
during those years just for that.
Mayor Pro Ten Stuck did not anticipate rasing taxes for the plan
but she could not speak for future councils.
Mayor Miller asked if Council Member Cott wanted to pull the item
• for separate consideration.
Council Member Cott replied correct. In regards to Item 117, he
asked if the green belt project was running out of money.
Bob Nelson, Executive Director for Utilities, stated that this item
` was the annual maintenance on Lake Ray Roberts. Part of the Lake
• Ray Roberts contract with the Corps of Engineers indicated a
percentage of responsibility of operation maintenance on the dam. O O
The City had a similar contract defiling with Lake Lewisville.
Council Member Cott stated that in regard to Item 119, he first
thought that the city was going to start a mutual aid agreement
with both Alliance Airport and the race track. He now understood
the terms of this agreement.
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Biles motioned, Beasley seconded to approve the Consent Agenda and
the accompanying ordinances except for Item ,f16. on roll vote,
Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Liles "aye" and Mayor Miller "aye". Motion carried
unanimously.
Beasley motioned, Brock seconded to approve Item 116.
Cott motioned, Young seconded that he would like to amend that
motion that this Council send to the council which would first
break ground, a feeling that this Council would like to not raise
taxes just for this project.
Council Member Beasley that she did not feel that this Council
could bind a future Council and each Council should make its own
decision. If the letter was not binding, what effect would it
have. She wanted to point out that this was a master plan for the
whole Civic Center Park. It was a plan on how to develop that land
that would be the most beneficial to the city as park land and to
make sure it was more usable for all citizens. This did not
include any money to be spent for improvements but rather was for
a plan for the use of the area.
Council Member Biles stated that this ordinance was not to
construct anything but was to hire a firm to give a blueprint on
how to plan the area for the future.
Mayor Pro Ten Brock stated that the firm for the contract was based
on O'Neil Ford. It was appropriate that this firm makt, the initial
sketches and build on the plan for the Civic Center.
Council Member Durrance stated that one of the unique factors of
Denton was the use of the city's parks and in the heart of the City
1 was this complex. The Council should do what it could to
encourage, protect and preserve that personality aspect of the
City. He did not feel the Council should isolate any one factor
• which woul.i affect the budget process fcr a future Council.. Any
one particular budget item would not be more important than
another.
Council Member Young stated that he agreed with the motion because
$100,000 for a bridge was excessive and was throwing away money.
The money for the consultant was too much. He was in favor of
• sending a message to future Councils to not raise taxes. -
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Mayor Miller stated that he assumeu he meant for drainage issues or
J any other kinds of items needed for the City.
Council Member Young stated that it should be done without raising
taxes. Spending could be cut by having a freeze on new hires and
give the employees r. three percent raise.
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Page 9
Council Member Beasley called the question.
On roll vote on the amendment, Beasley "nay", Brock "nay", Cott
"aye", Durrance "nay", Young "aye", Biles "nay" and Mayor Miller
"nay". Motion failed with a 2-5 vote.
On roll vote on the original motion to approve the item, Beasley
"aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles
"aye" and Mayor Miller "aye". Motion carried unanimously.
9. NO 97-071
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. (Bid 12001 - Tractor,
Loader, Backhoe -Item 1 and 1A)
10. NO. 97-072
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. (Bid 12002 - Cable Splicing
Trailer)
11. NO. 97-073
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. (Bid 12006 - Pagers and
Paging Service)
12. NO. 97-074
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. (Bid 02007 - Truck Bed and
Bodies)
13. NO. 97-075
A AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A O O
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid 02018 - Annual Price
Agreement for Water Meters)
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City of Denton City Council Minutes
March 18, 1997
Page 10
14. NO. 97-076
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. (Bid 12020 - Refuse Truck)
15. NO. 97-077
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (Bid 12021 - Evers Park Restroom Concession
Building)
16. NO. 97-078
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. (Proposal 12022 - Civic Center Complex Master Plan)
17. NO. 97-079
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE MAINTENANCE AND OPERATION
EXPENSES OF LAKE RAY ROBERTS BY THE CITY TO THE DEPARTMENT OF
ARMY COPPS OF ENGINEERS; AND PROVIDING AN EFFECTIVE DATE.
(Check Requisition - Department of Army Corps of Engineers)
18. NO. 97-080
AN 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; AND
DECLARING AN EFFECTIVE DATE.
19. NO. 97-081
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 PROVIDE THE O O
OTHER DURING TEXAS MOTOR SPEEDWAY EVENTS; AND PROVIDING AN
EFFECTIVE DATE.
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City of Denton City Council Minutes f
March 18, 1997
Page 11
20. NO. 97-082
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.
21. 97-083
AN 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
ACQUISITIONS ALONG U.S. HIGHWAY 77; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
ITEMS FOR INDIVIDUAL CONSIDERATION
22. The Council considered adoption of an 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.
Rick Svehla, Deputy City Manager, stated that Council had discussed
this item at several work sessions. Staff had visited with all of
cities which were affected and they were in agreement with the
lines. The City was using the most easterly of either Corps
property or conservation easements acquired by the Corps to
facilitate the green belt development.
Council Member Durrance stated that these lines had not changed
from the last discussion.
Svehla replied that the line had been moved slightly easterly in
some areas where the conservation easement was further east than
the actual boundary of the Corps land. They had visited with the
cities involved and they were in agreement.
• The following ordinance was considered:
O O
J NO. 97-084
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RELINQUISHING AN
AREA LOCATED EAST OF THE ELM FORK OF THE TRIOITY RIVER AND
SOUTH OF FM 455 FROM THE EXTRATERRITORIAL JURISDICTION OF THE
CITY OF DENTON; ESTABLISHING AN EASTERLY EXTRATERRITORIAL
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City of Denton City Council Minutes `
March 18, 1997
Page 12
JURISDICTION BOUNDARY LINE AND DECLARING AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. on roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
23. The Council considered 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. (The Planning and
Zoning Commission recommended approval 5-0.)
Rick Svehla, Deputy City Manager, stated that this home was built
across the City easement. Staff determined that it was possible to
relinquish this small piece of the easement to facilitate the sale
of the property for the ownar.
The following ordinance was considered: I
NO. 97-085 1
AN ORDINANCE PARTIALLY VACATING CERTAIN DRAINAGE EASEMENT
RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS AT
CABINET 1, PAGE 58, AS IT PERTAINS TO LOT 4, BLOCK A OF THE
NORTHWOOD ESTATES LIMITED SUBDIVISION; AND PROVIDING FOR AN
EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. on roll
cote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Biles
"aye" and Mayor Miller "aye". Motion carried unanimously.
24. The Council considered adoption of 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's Electric Locust
Substation. (The Planning and Zoning Commission recommended
approval 4-0.)
Bob Nelson, Executive Director for Utilities, stated that one of
the City's substations was located south of this property. There
had been substantial growth in this area and another transformer
• would need to be added in the next few years. This property would
allow an extension of the substation in the area. O •
The following ordinance was considered:
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City of Denton City Council Minutes
March 18, 1997
Page 13
NO. 97-086
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 SUBSTATION;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING
AN EFFECTIVE DATE.
Council Member Biles stated that he was very aware of the building
on the property for its historic value and the need for its
preservation.
Biles motioned, Durrance seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Biles I
"aye" and Mayor Miller "aye". Motion carried unanimously. f
25. The Council considered adoption of an ordinance amending
Section 4-31 of the Code of Ordinances for the purpose of revising
the duration of an alarm permit.
Mike Jez, Executive Director of Operations, stated that the current
alarm ordinance required the permits to be renewed annually. This
proposed ordinance would modify that so that once a permit was
issued, it would be good for an indefinite period of time until
revoked or no longer needed. This would save approximately $900
per year in costs associated with annual issuance of the permits.
The information would be updated annually but would not require a
new permit.
The following ordinance was considered:
NO. 97-087
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 4-
0 31 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS FOR
THE PURPOSE OF REVISING THE DURATION OF AN ALARM PERMIT; AND
FROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
• unanimously.
O W
26. The Council considered adoption of an 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 recommended approval.)
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City of Denton City Council Minutes
March 18, 1997
Page 14
Sharon Mays, Director of Electric Utilities, stated that this
ordinance would provide the City the option to use this firm for
issues that might come up requiring a quick and immediate response.
The following ordinance was considered:
NO. 97-088
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT (FOR DAILY SERVICES) WITH
RESOURCE MANAGEMENT INTERNATIONAL (11RMI11) PROVIDING FOR
CONSULTING SERVICES RELATED TO ELECTRIC RESTRUCTURING;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young ff
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
27. The Council considered adoption of an ordinance authorizing
the City Manager to execute a second amendment to the professional
services agreement with Resource Management International (11RMI11)
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.)
Sharon Mays, Director of Electric Utilities, stated that this was
a specific issue which related to the PUC and deregulation.
Transmission cost issues were not completely settled and were now
in the lawsuit phase ready to open new dockets. This ordinance
would authorize the use of RMI for support.
The following ordinance was considered:
• NO. 97-088
i
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 DEVELOPING AND COMMUNICATING THE
• CITY'S POSITION ON ELECTRIC RESTRUCTURING ISSUES TO THE TEXAS
LEGISLATURE AND TO THE PUBLIC UTILITIES COMMISSION OF TEXAS; A O
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. l
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City of Denton city council Minutes
March 18, 1997
Page 15
Biles motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brocx "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
28. The Council considered approval of 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
the operation of Lake Ray Roberts and the Greenbelt. (The Public
Utilities Board recommended approval.)
Bob Nelson, Executive Director of Utilities, stated that Denton was
pz,rticipating with Dallas on Lake Ray Roberts. Part of that
responsibility was the recreation program and one element of the
recreation program was the greenbelt. Originally it was intended
that the greenbelt would be funded with the reverues from the
parks. The State of Texas Parks Department operated those parks
and wanted additional funds to operate the gr.e,nbelt. This
resolution would allow the City to work with the City of Dallas to
begin negotiating with the State to secure that funding. Before
any action would take place, the proposal would be considered by
the Council.
The following resolution was considered:
NO. R97-010
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 THE OPERATION OF LAKE RAY
ROBERTS AND THE GREENBELT; AND PROVIDING FOR AN EFFECTIVE
DATE.
Biles motioned, Young seconded to approve the resolution.
Council member Beasley indicated that the greenbelt was not in the
current contract.
Nelson replied correct that the greenbelt was not totally completed
at the time an agreement for recreational facilities had to be
done. The estimated cost to run the park was $250-300,000 with
Denton's share being $65-70,000 of that.
0 29. The council considered approval of a resolution approving the
amended fiscal year 1997 financial plan of the DENCO Area 9-1-1 0 8
District, pursuant to the Texas Health and Safety Code, Chapter
772, as amended.
Mike Pedigo, Denco Area 9-1-1, stated that this was first time the
organization had come for an amendment to the budget. Their
legislation required that any amendment or revision to the approved
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City of Denton City Council Minutes f
March 18, 1997
Page 16
budget had to follow the same procedure as the original budget.
Due to circumstances which were unforeseen in the budget
projections, it was necessary to amend the budget. One cause was
that revenue projections had a programming error by about $300,000
and the expenditures for the new office were larger than planned.
Council Member Young asked what was the projected budget this year.
Pedigo replied that the amended anticipated revenues were $1.895
million including revenues from debt.
The following resolution was considered:
NO. R97-011
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.
Young motioned, Beasley seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
30. A resolution authorizing the City Manager to execute a
memorandum of understanding by and between the cities of Denton,
Garland, and Greenville, 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 participant
cities. (The Public Utilities Board recommended approval.)
Sharon Mays, Director of Electric Utilities, stated that as a
result of deregulation, the five entities which formed the Texas
Municipal Power Pool, found it appropriate to separate into two
groups. The cities of Denton, Garland and Greenville formed a
subcontrol area operated by the City of Garland. Resources were
operated jointly which was a better use of resources. This
memorandum of understanding was the first step in formalizing the
operation. It had already been approved by Greenville and Garland.
The following resolution was considered:
• NO. R97-012 0 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE CITIES OF DENTON, GARLAND AND
GREENVILLE, TEXAS FOR THE CREATION OF A SUB-CONTROL AREA FOR
OPERATIONAL CONTROL AND ECONOMIC DISPATCH REL::TING TO THE
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March 18, 1997 1
Page 17
EFFICIENT DELIVERY OF POWER AND ENERGY TO THE THREE
PARTICIPATING CITIES; AND PROVIDING FOR AN EFFECTIVE DATE.
Hiles motioned, Young seconded to approve the resolution. on roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
31. The Council considered a resolution supporting the Partners In
Mobility Policy Position on Federal Legislative issues for the
105th Congress.
Rick Svehla, Deputy City Manager, stated that the Partners in
Mobility had a trip scheduled to the Highway Commission on the 27th
of this month to deliver these strategic programs. The RTC, along
with the other Partners in Mobility, was trying to impress or,
federal and state legislators the importance of freeing highway
trust funds and using federal level money at the state level.
The following resolution was considered:
NO. R97-013
A RESOLUTION IN SUPPORT OF THE POLICY POSITION ON FEDERAL
LEGISLATIVE ISSUES FOR THE 105TH CONGRESS; AND PROVIDING AN
EFFECTIVE DATE.
Young motioned, Brock seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
32. The Council considered approval of a resolution supporting the
` Partners in Mobility Policy Position on State Legislative Issues
\1 for the 75th Texas Legislative Session.
The following resolution was considered:
NO. R97-014
I
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.
• Biles motioned, Beasley seconded to approve the resolution. On roll • •
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
` J! "aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
33. Miscellaneous matters from the City Manager.
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City of Denton City Council Minutes
March 18, 1997
Page 18
Ted Benavides thanked the Council for the resources to deal with
the deregulation issue on the State and Federal level.
34. There was no Closed Meeting at this Council meeting.
35. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Young requested staff look into the
possibility of including Fry Street in the Central Business
District.
B. Council Member Young asked that the Denton City Taxi
appeal be placed on the next agenda.
36. There was no continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 8:50 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
Ai~000376
•
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Agenda No.1~ L-
Agenda Item 7 - 4
Dale !fk
En ri~~rrriatfan of
DAVID B1LES
WHEREAS, David Bites has saved as a Councilmember of the City or Demon since May,
1945; and
WHEREAS, the City of Denton has been extremely fortunate in having enjoyed the
dedicated and outstanding contributions of David Biles, and his efforts to make Denton a better city;
and
WHEREAS, David Bites, among his many contriWioro to the community, has saved as
Mayor Pro Tent from May 1995 umil Stay 1996, as a member of the Andit Commiuce, as a
member of the Municipal Court Advisory Committee, as the Chair for the Juvenile Crime
Imaagency Coalition, and the Chairperson for the Council Adopt-ASpot Committee, and
WHEREAS, David Biles has always served above and beyond the efficient discharge of his
duties in promoting the welfare and prosperity of the City, and has earned the full respect of his
felkrw Councilmemben, collagues and citizens of Denton and loss of his services will be keenly
felt; NOW, THEREFORE,
Tit E COUNCIL OF TU E CITY OF DENTON HEREBY RESOLVES:
That the sincere and warm appreciation of David Biles, felt by the citizens and stafrof the E
City of Demon, be formally conveyed to his in a permanent manna by rading this Resclution Into
the official minutes of the City of Demon, and forwarding to him a true copy thereof; and
BE IT FURTHER RESOLVED:
That the City of Demon does hereby officially and sincerely extend its thanks to the
Honorable David Bites fur his long and successful career u a member of the Demon City Council
PASSED AND APPROVED this the ! day of _
1997.
JACK NUL.LEFt, NIAYOR ROM BEASLEY
• EULINE BROCK 6UKE COCFUtAN
i
NEIL DLRRANCE SANDY KRISTOFERSON
CARL O YOUNO, SR , O •
,
ATTEST; APPROVED AS TO LEGAL FORM:
JENMFER WALTERS, CITY SECRETARY HE" RT L. PROUIY, CfTY ATTORNEY
BY: BY:' J [ `
•
•
AQenda No. 91-00
Agenda Ite
Date
In appredntion of
JERRY COTT
WHEREAS, Jerry Ccdt has served as a Councomember of the Cuy of Denton since May,
1993; and
WHEREAS, the City of Denton has been ext,cmely fortunate in having enjoyed the
dedicated and outstanding contributions of Jerry Cott, art his efforts to make Denton a better city;
and
WHEREAS, Jerry Cote, among his many contributions to the community, his served on the
Investment Policy Committee and the Municipal Court Advisory Committee; and
W HERF.AS, Jerry Cott hes always served above and beyond the efficient discharge of his
duties in promoting the welfare W Prosperity of the City, and has earned the full respect of his
fellow Councilmcmbers, colleWres and citizens of Denton end loss of his services will be keenly
feh; NO W, TH ERE FORE,
THE COUNCIL OF 771E CITYOF DENTON HEREBY RESOLVES:
That the sincere and warm appreciation of Jerry Cott, felt by the eitizerus and staff of the
City of Denim be formagy conveyed to his in a permanent manna by reading this Resolution Into
the official minutes of the City of Demons, and forwarding to him & true copy thereof, and
RE IT FURTHER RESOLVED-.
That the City of Demon does hereby ofticialty and sincerely e:aend its thanks to the
Honorable Jerry Cott for his long and successful career us member of the Denton City Cowtcil.
PASSED AND APPROVED this the day of
1997.
JACK MILLER, MAYOR. RONI BEASLEY
EULINE BROOK MI KE COCHRAN
IST IL DURRANCE SANDY KRIS f OFERSON i
CARL 0. YOUNG, SR
I
ATTEST. APPROVED AS TO LEGAL FORM
JENNIFER WAL7ERS, CITY SECRETARY HERBERT LL PROUFY, CITY ATTORNEY
BY: 8Y:
r
;S
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loop- ft"1"
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~asnaa item 9?
lanQa Item
Zo-97 ,
h
CITY of DENTON, TEX45 MUNICIPAL 80L DING # DENTON, TEX43 76201 ~ TELEPHONE (817) 5668307
Office of the city Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: May 20, 1997
SUBJECT: Request For Exception to the Noise Ordinance for the 1997
Juneteenth Activities June 13 - 14, 1997 and June 19 -
20, 1997 at the Fred Moore Park until 12:00 midnight.
BACKGROUND
Elihu Gillespie, representing the Juneteenth Celebration Committee
has requested that the City Council grant an exception to the noise
ordinance for the Juneteenth Celebrations to be conducted Friday
and Saturday, June 13 and 14, 1997 and Thursday and Friday, June 19
and 20, 1997, until 12:00 midnight.
As you know, the noise ordinance declares loudspeakers, amplifiers,
and musical instruments a noise nuisance, particularly after 10:00
p.m. Monday through Saturday and anytime on Sunday (Attachment 1).
The ordinance does, however, provide that the City Council may make
exceptions when the public interest is served.
For several years the participants have enjoyed the Juneteenth
Festivities due to the support of the community and coordination
between the planning committee and City Departments. Mr. Gillespie
and the staff at the Martin Luther King, Jr. Recreation Center have
• worked closely with the Committee and they anticipate another
successful celebration.
i
The Juneteenth Celebration, held annually at Fred Moore Park, '
includes food and information booths, games and activities, a dance
contest, softball tournament, and a parade. This year, events have
been scheduled from 6:00 p.m. until 11:00 p.m. on Friday, June 13,
from 8:00 a.m. until 11:00 p.m. on Saturday, June 14, from 10:00
• a.m. until 11:00 p.m. and Thursday, June 19 and from 7:00 p.m. - • •
11:00 p.m. on Friday June 20, 1997.
The Committee reports that booths will be taken down at 8:00 p.m.
and all other activities will conclude by 1100 p.m. However, the
"Dedicated to Quality Sen ice" f {
3
C~..~
OR- PRIM 14 --P
11 log!
mom
•
•
` request is to grant the exception until 12:00 midnight to allow
staff and volunteers time to remove remaining equipment and
supplies. The Parks and Recreation Department has extended the
regular Fred Moore Park hours until midnight to accommodate the
activities. k
PROORAMS DEPARTMENTS, OR GROUPS AFFECTEDs `
Area residents.
FISCAL IMPACTS
None.
Please advise if I can provide additional information.
1
RESPECTFULLY SUBMITTED:
Ted Benavides
City Manager
Prepared By:
Veronica S. Rolen
Administrative Assistant II
Approved By:
Bet y Wi llama
Assistant to the City Manager
• Attachments: 1. Request from the Elihu Gillespie O O
2. Noise ordinance
I
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Chapter 20
NUISANCES'
i
Art, 1. to General. If 20.1-20.30
Art. 11. Abandoned Property, If 20.31-20.70 ,
Div. 1. Generally, 1120-31-20-40
Div. T. ,1otor Vehicles, If 20.41-20.70
Art. 117. Grans and Weeds, It 20.71-20.73
ARTICLE 1. IN GENERAL
Sec. 241. Nolan.
rat It shall be unlawful for any person to make or cause any unreuonably loud, dis-
turbing, unnecessary noise which causes or may cause material distress, discomfort or injury
it
to persons of ordinary sensibilities in the immediate vicinity thereof,
ib) It shall be unlawful for any person to make or cause any noise of such character,
intensity and continued duration u to substantially interfem with the comfortable enjoyment
of private homes by persons of ordinary sensibilities.
ic) The following acts, among others, are declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive:
(1) The playing of any phonograph, television, radio or any musical instrument in such
manner or with such volume, particularly between the hours of 10:00 p.m. and 1.00
a, m., as to annoy or disturb the quiet, comfort or repose of persona of ordinary sen-
sibilities in any dwelling, hotel or other type or residence;
M The use of any stationary loudspeaker, amplifier or musical Lritrument in such manner
the
or with such volume as to annoy or disturb persona of ordinary sensibilities immediate vicinity thereof, particularly between the hour of 10:00 p.m. and 100
a.m., or the operation of such loudspeaker, amplifier or musical instrument at any
time an Sunday, provid4 however, that the city council may male exceptions upon
A appILWAon when the public interest willrbe served thereby;
(3) The blowing of any steam whistle attached to any stationary boiler or the blowing of
any other loud or far-reaching steam whistle within the city limits, except to give r
notice of the time to begin or stop work or u a warning of danger,
(4) The erection, excavation, demolition, alteration or repair work on any building at any
6 time other than between the hours of 7:00 a.m. and 8:30 p,m., Monday through
fl 4)
'Crow of+reaca-Protected migraWn' bir3 roosts declared ouis+nce' 16-91; in+pectian
and abatement warrants. 1 19.811 at ssq ; insect and rodent control in mobile home and rec•
reational vehicle parts, 132-91.
Sups. Nis. 1 1389
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120-1 DENTON COPE
Saturday; provided, however, that the ci y council may issue special permits for such
work at other hours In cue of urgent necessity and in the Interest of public safety and
convenience;
15) The creation of any loud and excessive noise in connection with the loading or un-
loading of any vehicle or the opening or destruction of bales, boxes, crates or con-
tainers; ,
(6) The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noises to any performance, show, theatre,
motion picture house, U~ °the sidewalks or streets so near or Ascentthe eto.~pla to
block or congregate I
(Code 1966, Of 14.20, 14.21)
Croce reference -Animal noise, 16-26.
Sec. 20.2. Odors. '
(a) It shall b6 uniawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or Injury to persons of
ordinary sensibilities In the immediate vicinity thereof.
(b) It shall be unlawfW for any person to create or cause any odor, stench or smell of such
interfere with the comfortable ai
character, strength or continued dio of ordinary sensibilities.
enjoyment of private homes by persons
(c) The following acts or conditions, among others, are declared to be odor nuisances In
violation of this Code, but such enumeration shall not be deemed to be exclusive.
(1) Offensive odors from cow lot, hog pens, fowl coops and other similar places where
animals am kept or fed which disturb the comfort and repose of persons of ordinary
sensibilities;
(2) Offensive odors from privies and other similar places;
(3) Offensive odors from the use or possesslon of chemieals or from industrial processes or
activities which disturb the comfort and,eposs of persons of onUnary sensibilities;
(4) Offensive odors from smoke Qom the burning of traab, rubbish, rubber, chemicals or
other things or subaAMW
1.1 Offensive odors from stagnant pools allowed to remain on any premises or from
•
rotdog garbage, takes, offal or dead animals on any premim
(Code 1988, if 14.22,14.23)
Sec. 20.3. Garbed% trash and rubbish nuiaansoa-Oeneraliy,
F
@ (d Storing or Aeeplrtg J~, traA oral rubbish. The storing of keeping of any and all
thereof,
stacks, heap or piles of old lumber, refuse, junk, old care or maehirmy paw O O
garbage, trash, rubbish, scrap material, rttinr, demolished or partly demolished s uuctures or
buildings, piles of stones, bricks or broken rocks on any premim bordering any reek street
i
Supp.No,1 1390
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CITY of DENTON, TEXAS MUNICIPAL BUfLDING 215 E McKINNEY a DENTON, 1EX45 76201
(817) 566.5200 - DFW METRO 434.2529
MEMOR N~ DUM
DATE: May 12, 1997
TO: Veronica Rolen
City Manager's Office
FROM: Elihu Gillespie, Jr.
Center Supervisor
Martin Luther King, Jr. Recreation Center
SUBJECT: 1997 Juneteenth Activities
For the past several months, my staff and members of the luneteenth Committee have been
making plans for the 1997 Juneteenth Activities at Fred Moore Park.
The committee has recommended that all activities take place on the following dales and times i
'
indicated below. Please contact appropriate City Council members to initiate the necessary
_ noise and occupancy variances to extend until 12:00 midnight on these dates. We will need the
additional time to clear the park of its participants and secure all supplies and equipment used in
conjunction with this event.
Friday, June 13, 1997
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Gospel in the Park
Fred Moore Park Sound Stage
7:00 p.m. - 1100 p. m.
Coed Softball Tournament (18 & older) + 0
Fred Moore Park Baseball Fields
6:00 p.m -11:00 p.m.
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"Dedicated to QuaUry Sendce" 5
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PAGE J• JUNETEENTH ACTIVITIES
Saturday, June 14, 1997
Coed Softball Tournament (18 & older) `
lied Moore Park Baseball Fields
8:00 a.m. - Finish
Grand Parade
Line-up at Tomas Rivera and MIX Center Parking Lots jl
9.00 a.m.
3-on-3 Basketball Tournament (15-35 yrs. old)
Fred Moore Park Basketball Courts
4.00 p.m. - Finish
DJ Entertainment (Noon - 11:00 p.m.)
Live Bands, Dancc Contest, Talent Show (2:00 p.m. - 11:00 p.m )
Food Bombs, Arts & Crafts Booths, Games, and Information Booths (9:00 a m. - 8:00 p.m. )
Fred Moore Park y~
Thursda), June 19, 1997
Various Games and Activities
10:00 a.m. - 11:00 p.m.
Fred Moore Park
American Legion Hall
Arts & Crafts Sales
Bake Sales
10.00 a. m. - 8:00 P.M.
€
Fred Moorc Park Pavilion
Special Lunch (Provided by SPAN)
O 12.00 Ncxm
$3.50 per plate for persons under age 60 (call in on 06118/97 to place order) i
American Legion Nall
Bar-B Que Plates for saic (American Legion lost 840)
1200 noon - 10.00 p.m.
• Fred Moore Park • O
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PACE 3- JUNE I F.ENTIf ACIIVI I IES
Lemonade and Ilot Dog Sale (Lilly Garden Club)
12.00 noon - 10.00 p.m.
bred Moore park
i
Domino and Spade Tournaments for Seniors
2.00 p in. - 6:00 p.m.
American Legion Hall
Bingo for Seniors
2,00 p.m. -6.00 p.m.
American Legion Ilan
proclamation ( Mayor or Mayor Pro Tem & Juncteenlh Committee Chairman)
Awards Ceremony: Presenlalion to American Legion post 8,10 founder, Robert Williams
6:30 p.m.
Fred Moore Park Sound Stage
Gospel Musical Bxlrmaganza
7:00 p.m. 8:30 p.m.
Fred Moore Park Sound Stage
DJ Entertainment
8:30 p.m - 11.00 p.m.
Fred Moore Park Sound Stage
Friday, June 20, 1997
live Band(s) and Various Entertainment
7.00 p. m - 11,00 p. m.
Fred Moore Park Sound Stage
• The booths will be taken down at 8:00 p.m. on June 131h, and all other activities conclude prior
to or at 11:00 p.m, each night, leaving staff and volunteers about an hour to break down and r
remove any remaining equipment and supplies.
Denlon police Department personnel are included on the committee and aware of the activities
scheduled for each day.
Please contact my office at cxt. 7576 if you have any questions or need additional information.
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Agenda Ntl,
Agenda Ite
CITY COUNCIL REPORT Date.
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: May 20, 1997
SUBJECT: Hold a public hearing and consider an ordinance rezoning 0.464 acres
from the Multi-Family 1 (MF-1) zoning district to a General Retail
Conditioned (GR[c]) zoning district. The subject property is located on
the north side of University Drive (US 380), approximately 500 feet east
of locust Street.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the request (5-0).
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND: E!
See Planning and Zoning Commission Report.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
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G; :4,itt.
Please advise if I can provide additional information.
Respectfully submitted:
t JA MAO
Rick Svehla
Deputy City Manager
Approved by:
David AICP, ASIA
Dir ctor of Planning
Prepared by:
AA
Walter E, Reeves, Jr., AI P
Urban Planner
Attachment #1: Planning and Zoning Commission Repot. ,
Attachment #2: Ordinance,
Attachment #3: Draft minutes of 5/14!97 P&Z meeting.
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: May 20, 1997
Subject: Z-97-010
GENERAL INFORMATION
Applicant: Mr. Patrick Will
209 E. University
Denton, TX 76201
Owner: Mr. Robert Caudill
458 Chippendale
Rockwall, TX 75087
Action: Rezone 0.464 acres from the Multi-Family 1 (MF-1) zoning district to the
Commercial (C) zoning district.
Location: The subject property is located on the north side of University Drive (US
380), approximately 500 feet east of Locust Street (See Enclosure 1).
Surrounding Zoning and Land Use:
LOCATION ZONING LAND USE
I North: SF-7 Sirgls family residences.
Sovth: MF-1 TWU,
East MFF1 Apartments.
West GRjcl 6 OR Off" buildng (DFW Direct), strip retail center.
enton eve opmen an: ow Intensity Area o a ovate .
SPECIAL INFORMATION
If platting becomes necessary, right-of-way and sidewalks will be addressed. Street
and drainage improvements will be addressed by TxDOT through the University Drive
• widening. If a new building is constructed, or a more intense use is placed in the
existing building, parking lot and driveway issues will need to be addressed.
BACKGROUND
The subject property was placed in the Multi-Family 1 (MF-1) zoning district by
Ordinance 69-01, which adopted a new zoning ordinance and map in 1969. The ,
• current land use is as an apartment building, ® •
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The history of the property directly west would ass°:. the Council regarding this case.
1987
Case Z•1871, a proposed Planned Development zoning district for a miniature golf
course, with accessory buildings, is denied by the City Council
August 17, 1993 k
The City Council approves Ordinance 93-141, which rezones the site to a General
Retail Conditioned (GR[c]) zoning district, prohibiting many of the uses allowed in
'straight" GR zoning, allowing a tea room/antique store (Enclosure 2).
September 20, 1994
The City Council adopts Ordinance 94.168, which repeals Ordinance 93.141, and
adopts a new set of conditions (Enclosure 3).
NOTICE
Fourteen (14) notices were moiled on May 2, 1997. Three replies were received, all
opposed. Opposition responses totalled 16%
ANALYSI
The table below will provide a summary of the Plan related analysis for the requested
Commercial (C) zoning district,
Denton Development Plan
Policy Analysis Summary
Low Intensity Area
Devalopmant Rating VS Policy
POLICY COMMENTS Ypiat+n" aa,,..+ee
WarolrlrA YKarJMt e
To be oonsisiont with the Plan, a Allocated Intensity a 28 Intensity bapc
development shavid not oxoaed ib Proposed Intonsity + 301 Intensity trips, x l
allocated intensity. 975% over Intensty allocation of plan
Strict site plan control within 1,600 Low density lesidonbal use within 1,G00 feet
feet or axlstng low di ly No site plan proposed. Not being proposed x
residential. as a PD.
M Traffic design to ensure that Mulb• Will have drool frontage end access to ,
.
Family or Non-Aasidential uses haw University
access to collectors or larger x
mlariats with no ci 8=031
through residential sheets
Sufficient groan space, recreaWrial Park policy Is voluntary, none pioposed.
lacilibos and diversity of paAcs are
provided
Input Into planning by neighborhood No nolghborlg00 has been held. •
assodabi and councils is
oncouragod.
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Neighborhood service cantor Less than nwxlmum 3 acres avowed by plan
concentration However, other adjacent nonresidential uses x
total 2.28 acres, Total acreage of
nonresidential rods at Locust and University,
Including the subject property, would be 2.75
acres
NonrosidenLal IA mile separabon Di,x'ly adjacent bother non•rnsidental uses, x
Any form of continuous strip Extension of strip commercial development
commercial development is strongly along University. However, commercial node X
discouraged in or near low Intensity will not exceed 3 acres allowed by plan it ttw
ar. as subject property is rezoned.
In considering the disproportionMe share allocation of Intensity, the Planning and Zoning
Commission and City Council should consider the following Hems, but are not limited to these
Hems:
Adequate Inirastructura Public services are available b the property.
I
Unusual Topography Thera is no particular topographic feature of the property that necessitates an
additional wocallon of intensity.
Compatibility To the west Is General Retail type uses, to the south Is TWU, to the north are single
ramify residential uses, and to the east are muiti•famlly usos (see E-closure q.
e propose reFoning, to the Gommerciall (C) zoning is rlc , is inconsistent with our
policies of the plan. Based on a conversation with the applicant, it is the staff's
understanding that in the short term, the applicant would like to expand DFW Direct
into the existing building on the subject property. In the long term, the applicant has
expressed a desire to have more intense, commercial type uses, specifically a tea
room/bakery. However, that type of more intense retail use cannot be supported by
the current policies of the DDP. While the requested straight Commercial (C) zoning
change is not supported by the Plan, a conditioned zoning case similar to the one at
209 E. University (see Enclosure 3) is an alternative.
RECOMMENUATION
The Planning and Zoning Commission recommends approval (5-0) of a rezoning to the
General Retail (GR) zoning district, subject to the following conditions:
t. Permitted uses are restricted to the following:
One Family Dwelling Restricted
Dormitory, Boarding or Rooming House
Art Gallery or Museum
Church or Rectory
Group Home
Institutions of Religious or Philanthropic Nature _
® Accessory Building O O
Community Cuter (private)
Private &wimming Pool
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Telephone, Business Office
Handicraft Shop
Mimeograph, Stationary or Letter Shop
Offices, Professional and Administrative
Studio for Photographer, Musician, Artist or Health
Even with this limited list of permitted uses, the case will still not meet the
intensity policy of the Plan, The proposed intensity, due to the two retail uses
(Handicraft Shop and Mimeograph, Stationary or Letter Shop), based on the
square footage of the existing ouilding (@3,100 square feet), will be 186
Intensity trips. If approved, this rezcning would assign additional intensity to the
subject property.
2. Landscaped screening and buffering shall be located along the northern
property line and shall be no less than fifteen (15) feet in width. It shall contain
the trees existing on the site at the adoption of this ordinance. A screen of
shrubbery, plarted to meet the requirements of Section 31-63, chosen from the
approved plant list (see Landscaping, Screening, and Tree Preservation
Ordinance) shall be planted along the northern perimeter of any parking area.
The purpose of this condition is to develop a solid vegetative screen, in lieu of a
fence.
t
3. No major structural changas may be done to the existing 3,100 square fool
structure and such structure may not be expanded. This structure shall
maintain the same residential character that existed on May 20, 1997.
4. No parking shall be allowed in front of the existing 3,100 square fool structure.
5. No product shall be sold outside of the main structure.
ALTERNATIVES
1. Approve as recommended.
2. Approve with additionaVother condit ons.
3. Deny,
4. Postpone consideration.
A
ENCLOSURES
i
1. Location map.
2. Ordinance 93-141.
3. Ordinance 94.168.
4. Surrounding zoning map.
• 5. Surrounding land use map, o •
6. Comparison chart; Ord. 94.168 and this case.
Page 4
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ENCLOSUREI
■ A s p
2-97-010 a ® 222
® 12 116 120 124 2D2 1208 210 214 216
~p up 202 203
211
40111
f
■ 127 p
2010 i
imp A
1,i f ao1
i'-
220 0
328
1 32 232 s 300 306 08 400
1120
~ B
2 1
- UNIVERSIT OR. T~ --T-_
.®TE
,13
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ENCLOSURE 2
e: ~.Fv~oc ~ ~ora~cvcu». o
283
ORDINANCE NO. 3 -Ill
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM MULTIFAMILY ONE (MF-1) TO GENERAL RETAIL WITH CONDITIONS (GR-
c) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .63 ACRES flk
OF LAND LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, APPROXIMATE-
LY 250 FEET EAST OF LOCUST STREET; PPOVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THETEOF, AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Keith and Mildred Briggs have applied fcr a change in
zoning for .63 acres of land from Multifamily One (MF-1) to General
Retail with conditions (GR-c) distrist classification and use
designation; and
WHEREAS, on July 14, 1993, the Planning and Zoning Commission
recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the charge in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the coning district classification and use
designation of the .63 acres of land described in Exhibit A,
attached hereto and incorporated into this ordinance by reference,
is changed from Multifamily One (MF-1) to General Retail with
conditions (GR-c) district classification and use designation under
the comprehensive zoning ordinance of the City of Denton, Texas. t
SECTION II. That in accordance with Ordinance No. 91-078, the
property shall be subject to the following conditions:
a. Landscaped screening and buffering shall be located along
the northern property line and shall be no less than
fifteen (15) feet in width. It shall contain the trees
existing on the site at the adoption of this ordinance as
• well as five (5) gallon red tip photinias planted every
eight feet where no trees exist. The purpose is to
achieve a solid vegetative screen in lieu of a wooden
fence. Prior to issuance of a certificate of occupancy,
the landscape buffering plan shall be approved by the
Planning Department.
® b. No major structural changes may be done to the existing
3,100 square feet structure. This structure shall main- O 0
tain the same residential character that exists at the
time of adoption of this ordinance. This shall include
not adding any additional square feet to the main struc-
ture with an exception for the existing attached outdoor
patio. The garage shall not be counted in the gross
floor area.
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ENCLOSURE2
284
C. No product shall be sold outside of the main structure,
this includes no display on the patio/porch.
d. No outside advertising for any accessory use will be
allowed.
e. Maximum gross floor area of any accessory use shall not f
exceed 201 or 400 square feet of the entire main
structure.
f. No food preparation which involves cooking- will be
allowed on site.
q. The following uses shall be prohibited:
Community Unit Development
Hotel or Motel
college or University or Private School
Community Center (Public)
Day Nursery or Kindergarten School
Halfway House
Home for Care of Alcoholic, Narcotic or Psychiatric
Patients
Hospital (General Acute Care)
Hospital (Chronic Care)
Public Library
Monastery or Convent
Nursing Home or Residence Home for Aged
occasional sales
Park, Playground or Public Community Center
School, Private Primary or Secondary
School, Public or Denominational
School, Business or Trade
Electrical Substation
Electrical Transmission Line
Temporary Field or Construction Office (Subject to
Approval and Control by Building Inspector)
Fire station or similar Public Safety Building
• Gas Transmission Line and Metering Station
Home Occupation
off Street Parking Incidental to Main Use
Radio and/or Television. Microwave Tower
off Street Remote Parking
Sewage Pumping Station
Telephone, Business Office
Telephone Line and Exchange Switching or Relay Station
• Water Reservoir, Water Pumping Station or Well
Amusement, Commercial (indoor)
Country Club (Private) with Go1C Course
PAGE 2
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ENCLOSURE 2
285
Dance Hall or Night Club
Public Golf Course
Public Playfield or Stadium
swim or Tennis Club
Theater, Other than Drive-in Type
Railroad Passenger Station
Railroad Track or night-of-Way
commercial Parking Lot or Structure
Auto Laundry
Auto Sales and Repair (In Building)
Gasoline Service Station
New Auto Parts Sales Stores
Bakery or Confectionery Shop (Retail)
Cafeteria
Cleaning and Pressing Small Shop and Pickup
Custom Personal Service Shop
Drapery, Needlework or weaving Shop
Florist or Garden Shop
Greenhouse or Plant Nursery (Retail)
Household Appliance Service and Repair
Laundry or Cleaning Self Service
Mortuary or Funeral Parlor
Off Premise Sale of Beer and/or Wine
on Premise Sale of Beer and/or wine
Licensed Private Club
Restaurant
Retail Stores and Shops - 4,000 square feet or less
Retail Stores and Shops - Over 4,000 square feet
Animal Clinic or Hospital (no outside runs or pens)
Farm or Ranch
Greenhouse or Plant Nursery
Cemetery or Mausoleum
Fairground or Exhibition Area
Fraternity, Sorority, Lodge or civic Club
Private Utility Shop or Storage Yard
Sewage Treatment Plant
Water Treatment Plant
Stable, Private Club
• Theater, Drive-in
Airport Landing Field or Heliport
SECTION III. That the City's official zoning map is amended
to show the change in zoning district classification.
SECTION -IY,. That any person violating any provision of this
® ordinance shall, upon conviction, be fined a sum not exceeding
$2,000. Each day that a provision of this ordinance is violated . 0
shall constitute a separate and distinct offense.
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ENCLOSURE 2
286
f
SECTION V. That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the /2~,Jday of 1993.
BO CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS$ CITY SECRETARY
BY: Nnwr~j :1 i
OFT—
APPROVED A TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
f r{
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ENCLOSURE2
EXHIBIT "A" 287
FIELD NOTES to all that certain tract of land situated in the N. H. f
Meiaenheimer Survey Abstract Number BIl In the City and County of Denton, Texas
and being a portion of the tract described in the deed from Linda Jane Gann
Ireland to Keith T. Briggs et ux recorded to Volume 3242 Page 801 of the Real
Property Records of Denton County, Texas as recognized and occupied on the
ground; the subject tract being more particularly described as followst
BEGINNING for the Southwest corner of the tract being described heceln at an
"X" found in concrete at the mcnumented Southwest Corner of the said Briggs
tract in the North right-of-way line of Uoiveralty Drivel
THENCE North 00 Degrees 26 Minutes 14 Seconds East along a fence with the
recognized and occupied Vest line of the Briggs tract a distance of 234.27 feet
to a found axle at the monumented Northwest corner thereof and also being the
Southwest corner of the tract described in the deed from J. J. Huffhinea at ux
to H. L. Dungan at ux recorded in Volume 293, Page 542 of the Deed Records of
Denton County;
THENCE North 89 Degrees 48 Minutes 49 Seconds East along a fence with the
monumented North line of the Briggs Tract and the South line of the Dungan
tract a distance of 129.99 feet to a found axle for the Northeast Corner of the
Briggs tract and the Southeast Corner of the Dungan Tract;
THENCE South 00 Degrees 55 Minutes 12 Seconds Vcat along a fence with an Fast
line of the said Briggs tract a distance of, 39.75 feet to a steel fence corner
post in the North line of the tract described in the Deed from H. D. Clack at
ux to Howard Davis et ux recorded in Volume 346, Page 278 of the sold Deed
Records;
THENCE South 89 Degrees 37 Minutes 51 Seconds Vest along a fence with the
monumented and occupied North line of the said Davis Tract a distance of 14.78
feet to an iron rod found at the Northwest corner thereofl
THENCE South 00 Degrees 24 Minutes 48 Seconds West with the Vest line of the
said Davis Tract a distance of 193.94 feet to a corner In the North line of
University Dr:.e, fcom which an iron rod found bears South 00 Degrees 24
Minutes 48 Seconds West a distance of 0.90 feet;
THENCE South 89 Degrees 32 Minutes 40 Seconds West with the North line of
University Drive, 40 feet North of and parallel to the center line thereof, a
distance of 114.96 feet to the PLACE O7 BEGINNING and enclosing D.6309 acres of
land.
JD44/93057
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ENCLOSURE 3
js\wpdoc9\ord\patwi11 'id
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ORDINANCE NO. q IAo
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING THAT THE
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .63 ACRES OF
LAND LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, APPROXIMATELY
300 FEET EAST OF LOCUST STREET IS AMENDED BY CHANGING THE CONDI-
TIONS ON SUCH LAND ZONED GENERAL RETAIL WITH CONDITIONS (GR-C);
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
E WHEREAS, Patrick Will has applied for a change in zoning for
.63 acres of land by changing the conditiona on such land zoned
General Retail with conditions (GR-c); and
WHEREAS, on August 10, 1994, the Planning and Zoning Commis-
sion recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
desi•4nation of the .63 acres of land c':scribed in Exhibit A, at-
tached hareto and incorporated into this ordinance by reference, is
amended cf changing the conditions on such land zoned General
Retail with conditions (GR-c) under the comprehensive zoning
ordinance of the City of Denton, Texas.
SECTION II. That in accordance with Ordinance No. 91-078, the
property shall be subject to the following conditions:
I
a. Landscaped screening and buffering shall be located along
1 the northern property line and shall be no less than
fifteen (15) feet in width. It shall contain the trees
existing on the site at the adoption of this ordinance as
A well as five (5) gallon red tip photirias planted every
eight feet where no trees exist. The purpose is to
achieve a solid vegetative screen in lieu of a wooden
fence. Prior to issuance of a certificate of occupancy,
the landscape buffering plan shall be approved by the
Planning Department.
• b. No major structural changes may be done to the existing
3,100 square feet structure and such structure may not be • •
expanded. This structure shall maintain the same
residential character that existed on August 17, 1993.
Additionally, the attached outdoor patio that existed on
August 17, 1994, shall not be expanded. The garage shall
not be counted in the floor area.
•
ENCLOSURE3
c. No product shall be sold outside of the main structure,
this includes no display on the patio/porch.
d. No outside advertising for any accessory use will be I
allowed.
e. Maximum floor area of any accessory use shall not exceed
400 square feet.
f. No food preparation which involves cooking will be f
allowed on site.
g. The following us.a shall be prohibited:
Community Unit Development
Hotel or Motel f
College or University or Private School
Community Center (Public)
Day Nursery or Kindergarten School
Halfway House
Home for Care of Alcoholic, Narcotic or Psychiatric
Patients
Hospital (General Acute Care)
Hospital (Chronic care)
Public Library
Monastery or Convent
Nursing Home or Residence Home for Aged
Occasional Sales
Park, Playground or Public Community Center
School, Private Primary or Secondary
School, Public or Denominational
School, Business or Trade
Electrical Substation
Electrical Transmission Line
Temporary Field or Construction Office (Subject t
Approval and Control by Building Inspector)
Fire Station or Similar Public Safety Building
• Gas Transmission Line and Metering Station
Home Occupation
Off Street Parking incidental to Main Use
Radio and/or Television Microwave Tower
Off Street Remote Parking
sewage Pumping Station
Telephone Line and Exchange Switching or Relay Station
• Water Reservoir, Water Pumping Station or Well
Amusement, Commercial (Indoor)
Country Club (Private) with Golf Course
Dance Hall or Night Club
Public Golf Course
Public Playfield or stadium
Swim o: Tennis Club
Theater, Other than Drive-in Type
Railroad Passenger Station j
PAGE 2 I Y
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ENCLOSURE3
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Railroad Track or Right-of-Way
Commercial Parking Lot or Structure
Auto Laundry
Auto Sales and Repair (in Building)
Gasoline Service Station
New Auto Parts Sales Stores
Bakery or Confectionery Shop (Retail)
cafeteria
Cleaning and Pressing Small Shop and Pickup
Custom Personal Service Shop
Drapery, Needlework or weaving Shop
Florist or Garden Shop
Greenhouse or Plant Nursery (Retail)
Household Appliance Service and Repair
Laundry or Cleaning Self Service
Mortuary or Funeral Parlor
Off Premise Sale of Beer and/or Wine
On Premise Sale of Beer and/or Wine
Licensed Private Club
Restaurant
Retail Stores and Shops - 4,000 square feet or less
Retail Stores and Shops - Over 4,000 square feet
Animal clinic or Hospital (no outside runs or pens)
Farm or Ranch
Greenhouse or Plant Nursery
Cemetery or Mausoleum
Fairground or Exhibition Area
Fraternity, Sorority, Lodge or Civic Club
Private Utility Shop or Storage Yard
Sewage Treatment Plant
Water Treatment Plant
Stable, Private Club
Theater, Drive-in
Airport Land,ag Field or Heliport
SECTION 111. That Ordinance 93-141, adopted on August 17,
• 1993, is hereby repealed in its entirety.
SECTJON Iy,, That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
kFOTION V. That this ordinance shall become effective
® fourteen (14) days from the date of its passage, and the City ,
Secretary is hereby directed to cause the caption of this ordinance O 8
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (30) days of the
date of its passage.
PAGE 3 ~S.
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ENCLOSURE 3
PASSED AND APPROVED this theday of 1994•
BOB CASTLEBERRY, MAYO
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
' BY: r ttl7 tr'
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ENCLOSURE3
EXHIBIT "A" h
FIELD NOTES to all that certatn tract of land spurted in the H. H.
HeLsenhelmec Survey Abstract Number Oil In the City and County of Denton, Texas
and being a portion of the tract described In the deed from Linda Jane Cann
lrelaad to Keith T. Briggs et UK recorded in Volume 3242 Page 801 of the Real
Property Records of Denton County3 Texas as recognised and occupied on the
ground; the subject tract being more particularly described as fcl!owsl
BEGINNING for the Southwest corner of the tract being described herein at an
'X' found in concrete at the monumented Southwest Corner of the said Briggs
tract in the North right-of-way 1Lne of University Drive;
THENCE North 00 Degrees 26 Minutes 14 Seconds East along ■ fence with the 2
recognized and occupied West line of the Briggs tract a distance of 234.27 feet
to a found axle at the manumented Northwest corner thereof and also being the
Southwest corner of the tract described in the deed from J. J. Huffhlnes at ux
to H. L. Dungan et UK recorded In tiolume 293, Page X42 of the Deed Records of
Denton County;
` THENCE North 89 Degrees 48 hLrutes 49 Seconds East along a fence with the
rnonumented North Line of tie Briggs Tract and the South line of the Dungan
tract a distance of 129.99 feet to a found axle for the Northeast Corner of the
Briggs tract and the Southeast Corner of the Dungan Tract;
THENCE: South 00 Degrees 55 Minutes 12 Seconds West along a fence with an East
line of the said Briggs tract . JlKtance of 39.25 feet to a steel fence corner
past in the North line Lf the trace. described In the Deed from II. D. Clark et
ux to Howard Davis et UK recaread In Volume 346, Page 278 of the sold Deed
Records;
a THENCE South 89 Degrees 37 Ntnutts 51 Seconds Vest along a fence with the t
monumented and occupied North ltae of :he said Davis Tract a distance of 14.78
feet to an Iron rod found at tKe Ncrthwest corner lhereofl
THENCE South 00 Degrees 24 ;inutes 48 Seconds West with the West line of the
said Davis Tract a distance of 193.94 feet to a corner in the North line of
University Drive, frou which an Iron rod found bears South 00 Detects 24
Minutes 48 Seconds Wost a distance of 0.90 feet;
• THENCE South 89 Degrees 32 Minutes 40 Seconds best with the North line of >
University Drive, 40 feet North of and parallel to the center line thereof, a
distance of 114.96 feet to the PLACE OF BEGINNING and enclosing 0.6309 acres of
land.
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ENCLOSURE5
® 222
Z-97.010 R
112 118 120 124 2 208 210 214 218
0
2022 ?03
P p 211
OF ~b
PAM
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B 2010 12t
0 1-
111 - ~401
- WO'ODLAN D
SF 3F 1*1 SF
an PM Yo
220 a ® ,
1 0 30 232 0 300 306 08 328 400
Dew DI
3F AT AM
PWO
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UNIVERSIT DR. \ - ITE
APT arAr~iwApEflo~liE
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ENCLOSURE 6
ORDINANCE 94168 Z-97-010
1. Permitted Uses 1. Proposed Permitted Uses
One Family Dwelling Restricted One Family Dwelling Restricted
Dormitory, Boarding or Rooming House Dormitory, Boarding or Room ng House
Art Gallery or Museum Art Gallery or Museum
Church or Rectory Church or Rectory
Group Home Group Home
Institutions of Religious or Philanthropic Nature Institutions of Religious or Philanthropic Nature
Accessory Building Accessory Building
Community Carter (private) Community Center (private)
Private Swimming Pool Private Swimming Pool
Telephone, Business Office Telephone, Business Office
Public Park or Playground
Sexually Oriented Business
Antique Shop
Handicraft Shop Handicraft Shop
Mimeograph, Stationary, or Letter Shop Mimeograph, Stationary or Letter Shop
Offices, Professional and Administrative Oftices, Professional and Administrative
Studio for Photographer, Musician, Artist or Health Studio for Photographer, Musician, Artist or Health
2. 15 foot landscape buffer along northern 2. 15 toot landscape buffer along northern
propei y line consisting of existing trees and 5 property tins consisting of existing trees.
gallon red tip photinlas planted every B feet. Addaional screen of shrubbery, planted to
meet the requirements of Saclion 31-63,
chosen from approved plant fist Wong
northern perimeter of any parking area.
3. Nu major structural changes to the existing 3. No major structural changes to existing 3,10D
3,100 sq, ft. structure. Structure shall sq. ft. structure, and structure may not be
maintain same residential character as of expanded. Structure shall maintain same
time of Ordnance. Attached outdoor patio residential character as of May 20, 1997.
shall not be expanded. Garage shall not
count In floor area.
4. No product shall be sold outside of the main 4. No product shall be sold out side of the main
structure, this Includes no display on the structure.
patic✓po rch.
5. No outside advertising for any accessory use
will be allowed.
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ti. Maximum floor area of any accessory use
• shall not exceed 400 sq, h.
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7. No food preparation which involves cooking
will be allowed on the site.
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1 5. No parking shall be allowed in front of the
existing 3,!00 sq. h. structure.
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ATTACHMENT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
THE MULTI-FAMILY I (NIF-1) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO A GENERAL RETAIL CONDITIONED (GR[C]) ZONING DISTRICT
CLASSIFICATION AND USE DESICNATION FOR 0.464 ACRES OF LAND LOCATED ON
THE NORTH SIDE. OF UNIVERSITY DRIVE (US 380), APPROXIMATELY 500 FEET EAST
OF LOCUST STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Mr. Patrick Will, on behalf of Mr. Robert Caudill, initiated a change in zoning
for 0.464 acres of land from the Multi-Family I (NT-1) zoning district classification and use
designation to a General Retail Conditioned (GR[c]) zoning district classification and use designation;
and
WHEREAS, on May 14, 1997, the Planning and Zoning Commission recommended approval
of a change in zoning from the Multi-Family 1 (NIF-1) zoning district classification and use
designation to a General Retail Conditioned (GR[cl) zoning district classification and use designation,
and
WHEREAS, the City Council finds that the change in zoning from the Multi-Family 1 (MF-1)
zoning district classification and use designation to a General Retail Conditioned (GR[c]) zoning
district classification and use designation will be in compliance with the Denton Development Plan;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section That the zoning district classification and use designation of the 0.464 acres of land
described in Exhibit A, attached hereto and incorporated by reference, is changed from the Multi-
Family I (NIF-1) zoning district classification and use designation to a General Retail Conditioned
(GR[c]) zoning district classification and use designation under the comprehensive zoning ordinance
of the City of Denton, Texas, subject to the following conditions
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1. Permitted uses are restricted to those listed in Exhibit B, attached hereto and
incorporated by reference.
2 Landscaped screening and buffering shall be located along the northern property line
and shall be no less than fifteen f l 5) feet in width. It shall contain the trees existing
® o)t the site at the adoption of this ordinance. A screen of shrubbery, planted to meet • •
the requirements of Section 31-63, chosen from the approved plant list (see Section
31 of the Code of Ordinances of the City of Denton), shall be planted along the
northern perimeter of any parhiug area. The purpose of this condition is to develop
a solid vegetative screen, in lieu of a fence.
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No major o ructural changes maybe done to the existing 3,100 square foot structure
and such structure may not be expanded. This structure shall maintain the same
residential character that existed on May 20, 1997,
4. No parking shall be allowed in front of the existing 3,100 square foot structure.
S. No product shall be sold outside of the main structure.
Section 11. That the City's official zoning map is amended to show the change in zoning
district classification.
e i n Ill, That any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
Section I . That this ordinance shail become effective fuutreen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the ci, !ion of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper pub:-.din the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of_ _ 1947. O
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRF.TARI
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BY. APPROVED AS TO LEGAL FORM
HERBERT L. PROUTY, CITY ATTORNEY
• BY ~J~lc~l`-4 C~ yGt< e~ O •
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EXHIBIT 'A•
All that certain tract or parcel of land situated in the N. MEISENHEIMER SURVEY,
ABSTRACT NUMBER 81!, Denton County, Texas, and being part of a tract of land as
occupied on the ground and shown by deed to Howard Davis end recorded in Volume 346,
Page 278 of the Died Records, Denton County, Texas, and being more fully described as
follows!
BEGINNING for the southwest corner of the herein described tract, at an iron pin,
said Iron pin also being the occupied southwest corner of said Davis tract, and also
being the occupied southeast corner of a tract of land shown by deed to Ana P. Reid,
Unice M. Lovil, and Rachel J. Gann and recorded in Volume 548, Page 574 of the Denton
County Deed Records; said iron pin also being In the north right-of-way line of
University Drive;
THENCE North 00 degrees 32 minutes 18 seconds East. along the occupied west line of
said Davis tract, and the occupied east line of said Reid, Lovil, and Gann tract, a
distance of 195.09 feet to an iron pin for the occupied northwest corner of the
herein described tractl said Iron pin also being an ell corner of said Reid, Lovil,
and Gann tract;
THENCE North 69 degrees 36 minutes 33 seconds East, along the otc:pitd north line of
said Davis tract, and the occupied southern north line of said Reid, Lovil, and Gann
tract, a distance of 15.00 feet to a fence corner post for an angle pointl said fence
corner post also being the southern northeast corner of said Reid, Lovil, and Gann
tractl said fence corner post also being the occupied southwest corner of a tract of !
land shown by deed to Douglas C. Weyer and recorded in Volums 1265, Page 474 of the
Denton County Real Property Records;
THENCE South 69 degrees 27 minutes 33 seconds East, along the occupied north line of '
said Davis tract, and the occupied,south line of said Weyer tract, a distance of
87.24 feet to a fence corner post for the occupied northwest corner of the herein
described tract; said fence corner post also bt!nq t►,e occupied southeast corner of
said Weyer tract, and the occupied northwest corner of a tract of land shown by deed
to George U. and Candice C. Liepa and recorded in Volume 1305, Page 975 of the Denton
County Real Property Records;
THENCE South 00 degrees 06 minutes 52 seconds West, along the occupied east line of
said Davit, tract, and the occupied west line of said Liepa tract, a distance of
196.95 feet to an Iron pin for the southeast :orner of the herein described tract;
said Iron pin also being the occupied southeast corner of said Davis tract, and the
occupied southwest corner of said Liepa tract, and in the north right-of-way of said
University Drive;
THENCE North 88 degrees 33 minutes 56 seconds West, along the occupied south Ilne of
• said Davis tract, and the north right-of-way line of said University Drive, a
distance of 103.71 feet to the POINT Of BEGINNING and containing 0.464 acres of land. r
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EXHIBIT D
PROPOSED PERMITTED USES
Z-97-010
One Family Dwelling Restrictod
Dormitory, Boarding or Rooming House
Art Gallery or Museum
Church or Rectory
Group Home
Institutions of Religious or Philanthropic Nature
Accessory Building
Community Center (private)
Private Swimming Pool
Telephone, Business Office
Handicraft Shop
Mimeograph, Stationary or Letter Shop
Offices, Professional and Administrative
Studio for Photographer, Musician, Artist or Hearth
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N&Z Minutest
May 14, 1997 ATTACHMENT 3 II J~
Page 5 t 1S
VII. Bold a public hearing and consider a request to rezone 0.211 acres from the Office (0) zoning
district to the Multi-Family I (MF-1) zoning district, The subject property is located on the
southwest comer of First Street and Elm Street. (Z-97-009)
Ms. Russell read the rules of procedure for the public hearing and opened the public hearing.
Mr. Reeves: This is a request to rezone 0.211 acres from the Office zoning district to the Multi-
Family -1 zoning district. The property is located on the southwest comer of N. Elm and First
Street. We rnailed out notices on Ma 2nd. We have received five replies, two opposed and three
in favor. The opposed percentage is five percent, so at this point in time the 20% Rule is not in
effect. There is very little single family use left along Elm street. It is mostly a mixture of offices
and multi-family type uses. That is not the case to the west of the property along Bolivar Street
where it is still mostly single family uses. This request is in a moderate intensity area and in
relation to the policies of the Plan it is pretty consistent with the plan. Staff recommends approval.
Nis. Russell: Would the applicant care to speak? Is there anyone that would like to speak in favor
of the petition? Is there anyone to speak in opposition to the petition" Ale will close the public
hearing. Are there any final remarks?
Ms. Ganzer. I move we recommend approval of a rezoning of 0.211 acres from the Office zoning
district to the Multi-Family -1 zoning district.
Mr. Jones: Second.
Nis. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
VIU. Hold a public hearing and consider a request to rezone 0.4,64 acres from the Multi-Family 1 (MF-I)
zoning district to a General Retail Conditioned (GR[c]) zoning district. The subject property is
located on the north side of University Dtive (US 360), approximately 500 feet east of Locust
Street. (Z-97-010)
Ms. Russell opened the public hearing.
Nis, Gamer Because I am related to the owner of this property 1 feel that I need to excuse myself
from this item. (Ms. Ganzer left the chambers at 6:05 p.m.)
Mr. Reeves: This is a request to rezone 0.464 acres from the Multi-Family -1 zoning district to
the General Retail conditioned zoning district. The property is located on the north side of
University Drive approximately 500 feet east of Locust Street. We did do notice and we received
• three responses all opposed. One of those responses was not fr)m a person on our mailing list even ® •
thcugh they may be the owner of property that is within our mailing list. State law requires that
we do a 200 R. notice based on the last approved city tax roll, so if someone purchases property
i after that is approved then they do not appear on that tax roll and we cannot count their response.
There is sixteen percent opposition to this not counting that response. If we counted that other
response wt .vould probably be at twenty percent opposition. I have given you a lot of backup on
the property that is next door which is owned by DFW direct and is the applicant in this case. The
reason that backup is there is that in the short term their goal is to use this property for the same
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P&Z Minutes
May 14,1997
Page 6 6
1JUAFT
purpose. In the long term they are wrnting to do something that is a little more intense,
unfortunately in our current plan this area is in a low intensity area and the plan doesn't support
that level of development. The Plan is currently being reviewed and with the new plan that area
would become a moderate intensity area which would make it somewhat easier to do a more intense
type of use. What we are looking at is a case that is similar to the case next door, but there are
some slight differences. Enclosure 6 in your backup is a comparison of the case next door and what
the staff is recommending here tonight. The list of uses is somewhat different, we are not
recommending a park or playground, an antique shop, or a sexually oriented business. We are
proposing to restrict the use of the property to the thirty-one hundred square feet in the existing two
story structure. We are also proposing that there be some landscaping at the back, mostly that they
save the existing landscaping and add some additional landscaping around the northern edge of any
parking area that might be back there. We are also recommending that the parking area will either
be at the side or the rcar of the property. In the opposed respottses there was mention of restaurants
and in talking to the applicant he mentioned a tearoom, bakery, or sandwich type of business and
I didn't think it was our decision to make that they couldn't conic to you and ask for that. If I
didn't notice it that way then they wouldn't have that opportunity. In the recommendation we are
not recommending a restaurant principally because the plan won't support that kind of use at this
location at this time.
Mr. Powell: You left in handicraft shop and haven't left in an antique shop? What difference
would it make? t
Mr. Reeves: 1 felt that the antique shop was a little higher level of retail type use than a handicraft
shop would be. I didn't think it would be consistent with what we are trying to accomplish. 1
i didn't notice it with antique shop in it so I don't know that you could add it to the list of uses dt this
time. It was a judgement call.
Ms. Russell: Would the applicant care to speak? Is there anyone to speak in favor of the petition?
Is there anyone to speak in opposition to the petition? We will close the public hearing. Any final
remarks? Mr. Reeves, I consider MJ Designs a handicraft shop and I would think an antique store
would be on the same level.
Mr. Reeves: I think of a handicraft shop as being a place where people sell finished craft items.
M) Designs is a store where handicraft supplies are sold and it would be classified as a retail store
0 and not a handicraft shop.
Nis. Russell: Did the petitioner have a problem with these cctxiitions?
Mr. Reeves: No, after 1 talked with him and got a better understanding of what his goal was, he
seemed to be okay with it.
• Mr. Powell: I move w,e recommend approval of rezoning 0.464 acres from the Multi-Family -1 • 0
zoning district to the General Retail conditioned zoning district subject to the following conditions,
and the condit;ons are listed.
Ms. Schertz: Second
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (5-0) a6.
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Apenae No Apenda Urn
Date ~ ~---Z ,
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council I
FROM: Rick Svehla, Deputy City Manager
DATE: May 20, 1997
SUBJECT: Hold a public hearing and consider an ordinance rezoning 0.211 acres
from the Office (O) zoning district to the Multi-Family 1 (MF-1) zoning
district The subject property is located on the southwest comer of First
and Elm ,Streets.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the request (6-0).
SUMMARY:
See Planning and Zoning Commission Roport.
i
BACKGROUND:
See Planning and Zoning Commission Roport.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: k
Not applicable.
FISCAL IMPACT:
None.
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Please advise if I can provide additional information
Respectfully submitted:
A
Rick Svehla
Deputy City Manager
Approved by: ,
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6av' Nill, AICP, ASLA
Director of Planning
Prepared by:
alter E. Reeves, Jr., AICP
Urban Planner
Attachment #1: Planning and Zoning Commission Report. ,
Attachment 42: Ordinance.
Attachment 113: Draft minutes of 5/14197 P&Z meeting.
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: May 20, 1997
Subject: Z-97-009
GENERAL INFORMATION
Applicant: JHR Construction
300 N, Elm Street
Denton, TX 76201
Owr,:r: Ms. Marilyn Edwards
6927 Redbud Drive
Flower Mound, TX 75028
Action: Rezone 0.211 acres from the Office (0) zoning district to the Multi-Family
1 (MF-1) zoning district.
Location: The subject area is located on the southwest coiner of Elm Street and
First Street (See Enclosure 1).
Surrounding Zoning and Land Usti:
LOCATION ZONING LAND USE
North: Otllca (O) Mixad use, mostly oMca Mm.
South: 11 (O) li cmca further south.
East: 01rica (O) Mixed use, mostly office tyve.
West Two Family (2F) Single family resldentlal Commercial poi lding adjacent. -
Denton Development Plan: Moderate Intensity Area #50 (35% aIIR_a_1edT
SPECIAL INFORMATION
The subject property will not require platting, No public improvements required.
Access will be off of First Street.
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BACKGR"i
The subject property was placed in the Office (0) zoning district by Ordinance 69.01,
which adopted a new zoning ordinance and map in 1969. The property has been
used as a slii family residence until the structure burned.
• NOTICE • O
Twenty-two (22) notices were mailed on May 2, 1997. Six replies have been received.
Three in favor and thiee opposed. Opposition responses total 9%.
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ANALYSIS
The site is fixated in a moderate intensity area.
Denton Development Plan
Policy Analysis Summary
Moderate Intensity Area
Development Rating VS Policy
POLICY COMMENTS 540,M=n" si c','81 lien!
nconwran lkr.wew
To bs consistent with the Plm, a Allocated Intensity a 74 intensity trips.
development should not exceed its Proposed Inlensity - 42 Intensity trips. X
allocated intensity, 0211 acres x 200 Volga a 42
Moderate Centers are boated at the Designated a Moderrita Activity Canter by the
Intersection of two primary artorials Denton Development Plan,
and at strategic locations abutting a X
freeway an? wo spaced
appre,matey a mile apart These
r..,rers are a maidmum of 60 acres.
DWersitt Lend use diversity shall This dominant lend uses In Intensity /,io% aS0
be defined as uses other than this are; InstitiAtonal, Single Family, and i
dominant land usws In the area such Commercial,'RetaiW!ficis. X
as commercial, stall, light Industrial
and office.
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Diversity Bonus', M Intensity bonus NA,
for mixed use developments that
include pubtic or non•prolit
community type larobbes on uses,
CommerciaVretail limited b in or NA.
the total acreage of to center,
High Density Housing
Transition between land uses NA. X
Access to arterial streeU Direct frontage on Elm Street. X
Concentration of 750 units Current total of 665 units in intensity area. X
12 mile separation Within 'h mile of other concentration X
Site design No ravlow of design, not proposed as PD. X
Low density residential areas should Low density residential In area, not proposed
be protected by strict site desgn as PD, no Me des lgn other than existing
control with setbacks, paring, ordinance requlramonts, X
buffering, and landscaping
• requirements.
Strip Commercial', The Intent of to NA.
plan Is to encourege centers of
actMlies and to discourage strip
commercial.
Location of proposal In rotation to Public facilities ave.lable. dX
• existing or proposed public facitibes.
Topography. Flat, previously used lot single family •
residence
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Surrounding Land Use, On ft west side of Elm are a mixture of
mul~•fartYy, offices, and rofar nearing
downtown. On fm oaot ddo are offices, mutti-
famiy, and one single farNly unit !n the
Farguson-Elm 6fock On the east side of k
Bolivar U single tar" residential use.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (6-0).
ALTERNATIVES
1. Approve as recommended.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
ENCLOSURES
1. Location map.
2. Surrounding zoning.
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ENCLOSUREI
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ENCLOSURE2
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ATTACHMENT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
THE OFFICE (0) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE
MULTI-FA ULY I (NIF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
FOR 0 211 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF FIRST AND
ELM STREETS; PROVIDING FOR A PENALTY IN THE htAMMIM AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, JHR Construction, on behalf of Marilyn Edwards, initiated a change in zoning
for 0.211 acres of land from the Office (O) zoning district classification and use designation to the
Multi-Family I (h!F-1) zoning district classification and use designation; and
WHEREAS, on May 14, 1997, the Planning and Zoning Commission recommended approval
of a change in zoning from the Office (0) zoning district classification and use designation to the
Multi-Family 1 (MF-I) zoning district classification and use designation, and
WHEREAS, the City Council finds that this change in zoning district classification and use
designation will be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section That the zoning district classification and use designation of the 0,211 acres of land
described in Exhibit A, attached hereto and incorporated by reference, is changed from the Office (0)
zoning district classification and use designation to the Multi-Family 1 (biF-1) zoning district
classification and use designation under the comprehensive zoning ordinance of the City of Denton,
Texas,
Seclion I . That the City's official zoning map is amended to show the change in zoning
district classification.
0 ag i n III, That any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall !
constitute a separate and distinct offense.
5_q_~ i n 1 . That this ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
• published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, 0 •
Texas, within ten (I0) days of the date of its passage.
I
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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: L-
PAGE : 9
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EXHIBIT A
123 N. ELM ST. ,
FIELD NOTES to all that cosh bad of land @,fueld in the B, B. B. S C0.0. Campacry Sutvey,
Abotrad Number 165. In Me Cry and Counh of Do Mon. Totaa and Wrg on Iurvey of that certain
beet described in Ma deed ham Fred Osymond Glenn at us to Mori" Arn Edwards reeuded in
Volume 08. Fags 54 WIN Dead ft c ds of Gorton County, Texas at recognized and Occupied on
the ground; IM subjKl tract being more pertkularty described so Wows;
BEGINNING at the Northasst Corner of the tract being described retain at a capped In' iron rod
,
sat for Me Northes9 oorner of aold EdwWd tract at the Southwest Inlnsadion of N. Elm St and
►1rsl SL;
THENCE South wind the West boundary the or N. Elm St a distance of 60.00 feat to a capped W
Iran rod and For the !dooms! cornot of a•ld Edwards Tract
THENCE West with the South One thereof along and now a fe,xe part of the ray a diolanee of
151.00 feet b a uppd fir arm rod sat for the Southwest c of sold Edwards tract;
THENCE North with Ow Wend One threat peeing a Vr from rd found at a dlstanu of 263 feet
Continuing en said count In ON a IOW distance ofS0.00 fed to a capped Iron rd and for the NoM•
weal totner or sold Edwards fired in the South One of said First St;
THENCE East slang said stred a distance of 153,00 feet to the PLACE OF BEGINNING and
andoaing 0.211 of an we or land
FIRST ST.
41 or FLOW.
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NO ~ W nrcoa Yra a7.er wr M mW ndaalH N ew proprtr a rrr .a'ui n cwvs4e koe rand u
abwi n bier 3CCE r teat nip a
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TM►Mm sctN np.rrt. PenwurnaM+aga,rd Nny ma4 W4VAr lwtan W S Olsannel IN *
mwe ra Y was r WwW K n penusl0lr Or asw e^as erayl a Vawn so,ocm and
• IPF . aw Ras F.,nd F C P. • rwra Cage Far -a•_ Wood fare C Wore Iwre fe3 •Kp~ C • •
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P.O.80XIfOTXR[/M tX. 76T49 6T! 46.t•61?3
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n&Z;4,n1 97 ATTACHMENT 3
Y
Page 5
VII. Hold a public hearing and consider a request to rezone 0.211 acres from the Office (0) zoning
district to the Multi-Family I (MF-1) zoning district, The subject property is located on the
southwest comer of First Street and Elm Street. (Z-97-009)
Ms. Russell read the rules of procedure for the public hearing and opened the public hearing.
Mr. Reeves: This is a request to rezone 0.211 acres from the Office zoning district to the Multi-
Family -1 zoning district. The property is located on the southwest corner of N. Elm and First
Street. We mailed out notices on May 2nd. We have received five replies, two opposed and three
in favor. The opposed percentage is five percent, so at this point in time the 20% Rule is not in
effect. There is very little single family use left along Elm street. It is mostly a mixture of offices
and multi-family type uses. That is not the case to the west of the property along Bolivar Street
where it is still mostly single family uses, This request is in a moderate intensity area and in
relation to the policies of the Plan it is pretty consistent with the plan. Staff recommends approval.
Nis, Russell: Would Ote applicant care to speak? Is there anyone that would like to speak in favor
of the petition? Is there anyone to speak in opposition to the petition? We will close the public
hearing. Are there any final remarks?
Nis. Gamer. I move we recommend approval of a rezoning of 0.211 acres from the Office zoning !I
district to the Multi-Family -1 zoning district.
Mr. Jones: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
VIII. Hold a public hearing and consider a request to rezone 0.464 acres from the Multi-Family 1 (MF-1)
zoning district to a General Retail Conditioned (GR[c]) zoning district. The subject property is
located on the north side of University Drive (US 380), approximately 500 feet east of Locust
Street. (Z-97-010)
Nis. Russell opened the public hearing.
e Ms. Gamer. Because I am related to the owner of this property 1 feel that I need to excuse myself
from this item. (Nis. Ganzer left the chambers at 6:05 p.m.)
Mr. Reeves: This is a request to rezone 0.464 acres from the Multi-Family -1 zoning district to
the General Retail conditioned zoning district. The property is located on the north side of
t University Drive approximately 500 feet east of Locust Street. We did do notice and we received
• three responses all opposed. One of those responses was not from a person on our mailing list even e •
though they may be the owner of property that is within our mailing list. State law requires that
we do a 200 ft. notice based on the last approved city tax roll, so if someone purchases property
after that is approved then they do not appear on that tax roll and we cannot count their response.
There is sixteen percent opposition to this not counting that response, If we counted that other
response we would probably be at twenty percent opposition. 1 have given you a lot of backup on
the property that is next door which is owned by DFW direct and is the applicant in this case. The
reason that backup is there is that in the short term their goal is to use this property for the same
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Apericc ko dl 9
Agenda
ToT'
0ate- ~-97
QTY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Sveh!a, Deputy City Manager
DATE: May 20, 1997
SUBJECT: Hold a public hearing inviting citizens to comment on the City of Denton's 1997
Action Plan for housing and community development.
RECOMMENDATION:
NA
SUMMARY:
This public hearing provides an opportunity for citizens and organizations to give council input
on the proposed 1997 Action Plan, Attached is a list of proposed activities and projects included
in the Action Plan for the 1997 program year.
BACKGROUND:
The 1997 Action Plan is a requirement for all entitlement communities. The plan includes
information on funding available for the 1997 program and the proposed activities and projects.
Regulations require a 30-day public comment period on the plan. The comment period for
Denton's plan was March 30 through April 29, 1997
PROGRAMS, DEPARTMENT OR GROUPS AFFECTE
Implementation of the 1997 Action Plan will affect neighborhoods, households and individuals
bencfitting from the expenditure of CDBG and/or HOME funding. It M]l also affect those
organizations who must plan and carry out projects/programs. Some of those organizations are
• listed below.
Community Development Advisory Committee
Neighborhood Organizations
Social Service Agencies
Owners of Rental Property
• 1Ionie Owners and Buyers 0 O
Denton Affordable (lousing Corporation
Fairhaven Retirement Center
Engineering and Transportation Department
Community Development Office
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City Council Report
Page - 2
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FISCAL IMPACT
All activities included in the 1997 Action Planwill be funded through programs administered by
the U.S. Department of Housing and Urban Development and local program income. All
Community Development staff positions are funded with CDBG and HOME dollars.
Please advise if I can provide additional information.
RESPECTFULLY SUBhIITIED:
t
Rick Svehla Deputy City Manager
Prepared by:
Barbara L. Ross
Community Development Administrator/
Approved by: /
• David . Hill, AICP, ASIA
Director of Planning and Development
Attachment: 1997 Proposed Projects and Activities
o I, 0 0
MNiKf TIX~ $:097CCI 11....AA y..
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COMMUNITY DEVELOPMENT PROJECTS/ACTIVITIES
1997 PROGRAM YEAR
CPS 1997 1997 Total
N Protect/Activity Name -DBO HOPS Funds
18 Adult Day Care of North TX 12,000 0 17,000
1 ; Adult Day Care Rehabilitation 1 10,SOOl 0~ 10,500
14 AIDS Services of North TX 15,000. 0. 15,000
1.9 Boys c_Oirls of Denton Co. 7,600 0 71600
- L - 0~ 160,0001
2 eredshar 8t Culvast Proj ect 160,000
f - - -
15 Camp 3" mmit 8,000
' 0 8,00 - 0
3 CD Administration 44,900 793,480!
Denton Affordable Houring
4 Corp. - Administration 0 22,450 _____22,450J
i Oentoa 71!lordibl• Housing Corp.
5 _i Affordable Ha Program 8] 8721 82,87]
20 DIED TTRIPS 10,00010 10,000 Rep 6 =_Bmergeacy_--- _!L _Program - 50,000 50,000
7 Rental Subsidies Fairhaven 0 14,544 24,544
241,87]
6 Homebu er■ Assistance Prog. 241,83 01
16 HOPS Transitional Hag. 25,000 0 75,000
9 soloing Rehabilitation IIrog. l 198,876 392,4421 391031$1
17 Interfaith Ministries 10,000 0 1D,000,
Juvenile 21 e
1D LakeyPaving/Drainage 2PCOjes 1711 6,651_ 0 _ 1]6,_6511
~
11 optional Reconstruction Prog. _ 0 97,337 97,332
-
22 PARDt Ring's Rids Sumner Prog.. 25,0001 0.. 25,000.
23 PARD, Oxleey Summer Program 16,800; 0 16,80D
i
26 Riding Unlimited 3,000 0 3,000
12 SPAN Curb Cuts/Ramps Project 13,8111 _ 01 13,8111
• 24 SPAN Homemaker(Fairhaven) 11,000 0'i 11,000;
27 special Olympics of Denton 9,751 9,257
0
' 25 TWU CARES - Health Services 20,000 Ot 70,0001
T _ 0 30,000
j 13 I TWIT ra CARES mm - adDental Ranov. Pcoj-.. 30
T
J 33 Unproa Funds 2 , 500 1 ],SOO
• - - _ I~ O
FUNDS ALLOCATED TO PROJECTS/ACTIVITIES 1,266,407 454,5001 1,720,907
1 11 1
TOTAL FUNDS AVAILABLE FOR ALLOCATION 1,766,40 454,500 1,720,907
01 01 0j
FUNDS NOT ALLOCATED , _
Community Development Advisory Committee Recommendations
Human Services Committee Racommendations
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Agenda No_Z f
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Agenda I!em~/,34_._
PLA) date
CITY of DENTONp TEXAS MUN1CIPA'_ BUILDING ~ 215 E MCKINNEV 0 DENTON, TEXAS 76201
(817) 568.8200 • DFW METRO 434.2529
CITY COUNCIL REPORT
TO: Nlayor and Members of the City Council
FROM: 'Fed B:navides, City Manager
DATE: N:ay 14, 1997
SUBJECT: HOLD A PUBLIC HEARING AND CONSIDER AND TAKE ACTION
REGARDING MARCUS CABLE RATES FOR BASIC CABLE SERVICE,
REMOTE CON"I ROLS AND CONVERTERS, AND THE HOURLY
S'-NICE CHARGE.
RECOALVENDATION:
Staff recommends allotting proposed rates to go into effect.
SUMMARY:
The City Council received a briefing on this issue at their work session on May 13, 1997, The
Council indicated that they would resume their discussion following a public hearing. In
accordance with See. 8-136 of the City Code (Chapter 8: Cable Television), notification of the
public hearing has appeared on tuo cable television channels for at least five consecutive days.
Also, regarding rates, Sec. 8-136 (b) (4) states that "the criteria for the Council's decision in
such matters (rates) shall be the estaolishment of rates which are fair and reasonable to both the
company and its subscribers and shall be generally defined as the minimum rates necessary to
meet all applicable costs of service, including fair return on all invested capital, all assuming
efficient and economical management."
The city is certified to regulate cable TV rates for the basic tier of programming, associated
• equipment (converters and remote controls), and the hourly service charge. FCC Form 1240
addresses rates charged for basic programming, and FCC Form 1205 addresses rates charged
for equipment and the hourly service charge. The city received these forms from Marcus on
February 28, 1997. The new rates will go into effect on June 1, 1997. Prior to June 1, 1997,
the city has three options:
L Initiate a review of the rates. The review itself can take as long as a year. The new rates
• would still go into effect on June I. However, if the results of a review showed that O
Mares was over-charging their subscribers, a refund retroactive to June 1 could be
ordered. The cable company would then either make the refunds or challenge the rate
roll-back before the FCC.
2. Approve the rates as filed.
"Dedicated ra Quality Sendce"
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City Council Report
Marcus Cable Rates
Page 2
3. Take no official action, and allow the new rates to automatically go into effect on June L
BACKGROUND:
Last year, Denton joined a consortium of cities in north Texas, which are served by Marcus,
in order to evaluate the rate filings. The consortium hired a consultant (the law firm of Varnum,
Riddering, Schmidt & Howlett) which, in turn, hired an accounting firm to examine the filings.
The cost of the consultant was prorated among the cities based on their number of cable TV
subscribers. Denton's share of the cost last year was $973.49. As a result of the consultant's
work, Marcus filed an amended form 1205 which reduced their charges for equipment (remote
controls and converters) and their hourly service charge.
Those reductions a, summarized in the following table:
Original Rate Request DJodifed Rate Request
Remote ControllMo. $ 0.14 $ 0.13
Non-addressable Converter/Mo. S 1.21 S 1.06
Addressable Converter/Mo. S 2.86 $ 2.55
Hourly Service Charge $57,41 $42.72
This year, 1 rontacied the following cities in North Texas which are served by Marcus: Burleson,
Kennedate, Haltom City, Hurst, North Richland Hills, Crowley, Weatherford, Lake Worth, Cleburne,
Wautauga, Keller, Highland Park, University Park, and Fort Worth, Burleson, Haltom City, Crowley,
and Wautauga did not respond. The Park Cities are not o!rtitied to regulate rates. Of the remaining
cities (8), none indicated that they were planning to either review or challenge the newest rate filings.
Fort Worth has indicated that they plan to do nothing and let the rates automatically go into effect on
June L The other cities either responded that they will "do whatever Fort Worth does" or that they do
not plan to review or challenge the rates, The cost of basic cable service in Fort Worth under the new
rates would decrease from $12.641mo. to $11.941mo.
The cost to Denton to have a qualified accounting firm rro%iew just Denton's rate filing would be
approximately $3,500 to $4,000.
To compare the new rates going into effect on June 1, 1997, with Marcus' existing rates, please see the
following two tables;
Existing Rates
Base Rule + 5% Franchise Fee = Tofu]
Basic Cable Service/Mo. $ 9.77 $0.49 $10.26
Remote Control/Mo. $ 0.12 $0.01 $ 0.13
Non-addressable ConverterlMo, $ 1.01 $0,05 S 1.06
Addressable ConverterlMo. S 2.43 $0.12 $ 2.55
O Hourly Service Charge $40.69 $2.03 $42.72 O O
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City Council Report
Marcus Cable Rates
Page 3
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Pro sed Rates
Base Rate + S% Franchise Fee = Total % t
Basic Cable Servke:Mo. $ 9.88 $0.49 $10.37 + 1%
Remote ControlNo. $0.16 $0.01 $ 0.17 +30%*
Non-addressable Converter/Sio. $0.95 $0.05 $ 1.00 -6%
Addressable Converter/Slo, $ 2.57 50.13 $2.70 + 6Ao
ifourly Service Charge $19,03 $0.95 $19.98 -53%
• Remote controls are no longer available for rent by the cable company. This rate only
applies to old units which are still in use as rented units.
According to Marcus' corporate director cf regulatory compliance and planning, adjustments in the rates
are the result or 'certain external costs (i.e. programming), inflation, true-up adjustments and increased
costs associated with delivering cable service, as allowed by the Forms 1240 and 1205." All local
Marcus customers will have been notified of the new rates at least 30 days prior to the effective date, on
or before Slay I, 1997, in accordance with FCC rules.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Denton cable television subscribers.
FISCAL IMPACT:
To conduct a rate review: $3,500 - $4,000.
To approve rates or take no action: None
RESPECTFULLY SUBMITTED:
'fed Benavides
Prepare) by; City Manager
`
~11 c.~ fnn ~ ll
• Richard Foster
Public information Ofticer
Approved:
• • •
Attachment: April 8, 1997, Memo from Richard Faster
FCC Forms 1240 and 1205 submitted by Marcus Cable
AAA0505D
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MY of DENTON, TEXAS MUN1C0L BUILDING • 215 E McK1NNEY • OENTON, TEXAS 76201
(817) 5668200 9 DFW METRO 434.2529
MEMORANDUM
DATE: April 8, 1997
TO: Mayor and Members of the City Council
THROUGH- Ted Benavides, City Manager
FROM: Richard Foster, Public Information Officer
SUBJECT: CABLE TV RATES
On February 28, 1997, the city received the annual rate tiling from Marcus Cable. The new
rates are scheduled to go into effect on June I. The city is the regulatory authority for the rates
Marcus charges for basic cable service, equipment (remote controls and converters and the
hourly service charge. These are the only rates the city can regulate. The expanded tier of
programming is regulated by the FCC, and the cost of premium, or pay-per-view, channels is
unregulated.
The new rates go into effect 90 days from the date of the filing (on June 1). During these
90 days, the Council has the following options:
I. Initiate a review of the rates. The review itself can take as long as a year. The new
rates would stilt go into effect on June t, However, if the results of a review showed
e that Marcus was over-charging their subscribers, a refund retroactive to June l could
be ordered. The cable company would then either make the refunds or challenge the
rate roll-back before the FCC.
2. Approve the rates as filed.
e 3. Do nothing, and let the new rates automatically go into effect on June 1. i e e
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"Dedicated to Quality Service"
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Mayor and btembcrs of the City Council
April 8, 1997
Page 2
How do the new rates compare with the eztsting rates?
ExWIng Rates
Base Rate + 5% Franchise Fee = Total
Basic Cable Service/Mo. $ 9.77 $0.49 $10.26
Remote Control/Mo. S 0.12 S0.01 S 0.13
Non-addressable Converter/Mo. $ 1.01 $0.05 S 1.06
Addressable Converter/Mo. $ 2.43 $0.12 $ 2,55
Hourly Service Charge $40.69 S2.03 $42.72
i i
Proposed Rates
Base Rate + 5% Franchise Fee = Total % t
Basic Cable ServicelMo. : 9.RR $0.49 SI0.37 + 1%
Remote Control/Mo. S O.16 $U.01 $ 0.17 +30%'
Non-addressable ConverterlMo. $ 0.95 $0.05 $ 1.00 -6%
Addressable Converter/Mo. $ 2.57 $0.13 $ 2.70 P53 6%
Hourly Service Charge $19.03 $0.95 $19.98 %
' Remote controls are no longer available for rent by the cable company. This rate only applies to
old units which are still in use as rented units.
11'131 does a rate renew Involve?
Last year, Denton joined a consortium of cities in north Texas, which are served by Marcus, in order
• to evaluate the rate filings. The consortium hired a consultant (the law firm of Varnum, Riddering,
Schmidt & Howlett) which, in turn, hired an accounting firm to examine the filings. The cost of the
consultant was prorated among the cities based on their number of cable TV subscribers. Denton's share '
of the cost last year was $973.49. As a result of the consultant's work, Marcus filed an amended
form 1205 which reduced their charges for equipment (remote controls and converters) and their hourly
service charge.
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Mayor and Members of the City Council
April 8, 1997
Page 3
The reductions were:
Original Role Request Modified Rate Request
Remote Control/Mo. $ 0.14 S O.13
Ton-addressable Converter/Mo, S 1.21 $ 1,06
Addressable Converter/Mo. S 2.86 $ 2.55
Hourly Service Charge $57.41 $42,72
This year, I contacted the following cities in North Texas which are served by Marcus: Burleson,
Kennedale, Haltom City, Hurst, North Richland Hills, Crowley, Weatherford, Lake Worth, Cleburne,
Wautauga, Keller, Highland Park, University Park, and Fort Worth. Burleson, Haltom City, Crowley,
and Wautauga did not respond. The Park Cities are not certified to regulate rates. Of the remaining
cities (8), none indicated that they were planning to either review or challenge the newest rate filings.
Fort Worth has indicated that they plan to do nothing and let the rates automatically go into effect on
June I. The other cities either responded that they will "do whatever Fort Worth does" or that they do
not plan to review or challenge the rates. The cost of basic cable service in Fort Worth under the new
rates would decrease from 512.641mo. to $11.94/mo.
The cost to Denton to have a qualified accounting firm review just Denton's rate filing would he
approximately $3,500 to $4,000.
Recommendation:
Based on the very small (I increase for the cost of basic cable service, the significant (53%) decrease
in the hourly service charge, and my survey of other cites which are served by Marcus, I recommend
that the Council do nothing and let the new rates go into effect as filed on June 1.
If I can provide additional information, please advise.
• Richard Foster
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w'p '
cc: Ted Benavides, City Manager
Betty Williams, Assistant to the City Manager
AAAdFBO •
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'Marcus Cable
February 27, 1997
k
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Mr. Richard Foster, Administrative Assistant
City of Denton
215 East McKinney
Denton, TX 76201
Dear Mr. Foster:
Enclosed, please find Marcus Cable's ("Marcus") Form 1240 and Form 1205 filings for 1997.
Consistent with the prior year, Marcus has elected to file for rate adjustments on an annual basis
pursuant to the Federal Communication Commission's ("FCC") MM Docket No. 92-266,
Thirteenth Order on Reconsideration adopted on Septemba 15, 1995. The annual adjustment for
basic and cable programming service rates is calculated using the FCC's Form 1240. The FCC
Form 1205, which calculates the annual adjustment for equipment and installation rates, must be
filed along with the FCC Form 1240.
Upon receipt of this letter, the City is notified of Marais' intent to change basic service rates
effective June, 1997. The rates for basic service will be changed to $9.88, Revised equipment i
rates can be found on the last page of the Form 1205. These changes are the result of certain
external costs (t,e., programming), inflation, true-up adjustments and increased costs associated
with delivering cable service, as allowed by the Fortes 1240 and 1205. Please be advised that all
customers will be notified of rate changes at least thirty days prior to the effective date, on or
before May 1, 1997, in accordance with FCC rules.
If you have any questions, please feel free to call Ec nise Jones, Regulatory Analyst, or myself at
(214) $21-7898.
Respectfully submitted,
• ~yl ~'j. A~t/G~~
Amy M. Walker
Director of Regulatory Compliance and Planning
enclosures
• kjm • •
2911 Turtle Creek Boulc%ard, Suite 1300 • Dallas, Tc%as 75219 • (2141521.7898 Fax 1214) 5:6.2154
• c ~Fy •
•
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Marcus Cable
FCC Form 1240 Filing
Overview
Attached, please find Marcus Cable's annual FCC Form 1240 filing for 1997. This form calculates
the maximum permitted rates for regulated tiers of service and may be updated on an annual basis.
The FCC requires that the form be filed with the franchising authority 90 days before the date that
an operator intends to implement the rate. Marcus Cable intends to chaige the basic service rate
during June, 1997 to equal the rate listed on Line 110 of the filing.
The following narrative is art overview of the Form 1240 and the supporting worksheets utilized
to calculate the rates reported in the form. If you have any questions regarding the information
presented in this filing, please feet free to call Denise Jones at (214) 521.7898,
FCC Form 1240 - Overview
On September 15, 1995, the FCC adopted rules giving regulated cable operators the option of
filing for rate adjustments on an annual basis instead of the existing quarterly system. When
operators elect the annual filing method, the FCC Form 1240 is utilized. The form is divided into
two time periods for the purpose of calculating the maximum permitted rate: the "true-up" period
and life "projected period." The true-up period consists of the prior year's projected period (in
this case, June 1, 1996 through May 31, 1997). The projected period consists of a twelve month
period, commencing with the month that the new Form 1240 rates are implemented (in this case,
June I, 1991 through May 31, 1998).
The Form 1240 is a four page document that summarizes the components of the calculation It
begins with the maximum permitted rates from the last Form 1240 filing and rolls them forward
through the true-up period to end with the rates in effect for the projected period. The rates in
the true-up period are never actually put into place. They are calculated in order to adjust the ;
projected period rate for any over or under charges incurred during the true-up period. As noted
above, the rate listed on Line 110 of the Form 1240 is the maximum permitted rate for the twelve
months beginning June 1, 1997,
FCC Form 1240 - Supporting Worksheets
• The Form 1240 includes a series of supporting worksheets that calculate the following
1 information: true-up period inflation, CAPS channel information, mark up channel information,
channel residual, channel movement and deletion, headend upgrades (small systems only), external
h costs, and the average rate charged during the true-up period A description of each worksheet is
I provided below
O O as
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Worksheel l: True-up Period Inflation
This worksheet calculates the weighted average inflation factor that should have been used during
the true-up period. Operators must report the official inflation factor released by the FCC for the
time covered in the true-up period. If the true-up period includes months in a quarter for which !I
the FCC has not released an official figure, operators are required to use the most recent inflation
factor.
Worksheet 1: CAPSMerhod
The CAPS Method worksheet must be filled out for both the true-up and projected periods. It
calculates the per channel adjustments and costs of programming during the rate period. The. .
FCC's going forward methodology governs the CAPS Method worksheet. The CAPS method is
elected when adding channels to the cable showcase tier and does not impact the basic rate.
WorAsheer 3: Markup Method
The Markup Method worksheet must be filled out for both the true-up and projected periods.
This worksheet calculates the rate adjustments associated with adding channels under the mark up
method. It does not include programming adjustments for the mark up channels.
Workshee! 4: Channel Residual
The Channel Residual worksheet calculates the "residual" amount of the rate that is associated
with each channel. The residual comes into play when an operator moves a channel from one tier
to another, or deletes the channel. This worksheet must be filled out for both the true-up period
and the projected period.
Worksheet S: Channel Movement and Deletion
I _
This worksheet uses the residual amounts calculated in Worksheet 4 to account for channel
movement between tiers and channel deletions. The Channel Movement and Deletion worksheet
must be filled out for both the true-up period and the projected period.
Worksheet 6: Headend Upgrades
• The Headend Upgrade worksheet is utilized by systems that meet the FCC's small system
definition to apply for rate adjustments associated with headend upgrades. This worksheet must
be filed for both the true-up and projected periods.
f
2
c.,
01-1
J
0
0
Worksheet 7: External Costs
This worksheet calculates the external costs for the true-up period and the projected period.
External costs include progrernnting associated with markup channels, franchise related costs,
copyright fees, etc.
Worksheet 8: True-up Period Rate Charged
The 1 rue-up Period Rate Charged worksheet calculates the average rate charged by the operator
during the true-up period. It is used to support Modules F and G of the Form 1240.
•
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may= ,r
e
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i
Federal Cnmmunlorlona GmmWbe Appmvel by OhiB J060-OW
%I mhlnatam DC 20554
FMANO DATE FOR THL rORM
FCC FORM 1210
UPDATING MAXIMUM PEM(IrTED RATES FOR REGULATED CABLE SERVICES
Cable Operator.
Name o Cable Operator
Nfarcuv Cable Associate L. P.
W w11& Addrne o Cab a Operator
2911 Turtle Creek Boulevard Suite 1300
City ata e
Dollar TX 7S209
YES NO
1. Don this Fling Involve a single franchise authority and a single comsounlty unit? X
If yea, complete the franc him authority information
below end enter the Reim Wed CUID number hers: TXMO
YES NO
2. Does this filing involve a single rrwwhhe authority but tnuitip a community units! X
If yn, enter the atsocialed CUTUa below and complete the frtartchim authority information as the boom of this page.
rile
3. Don this filing Involve muldple franchhe authorities?
If yes. "h a separate sheet for each fnanchiae authority and include the following franchise "booty infortru" with
its su; c iated CUID(s):
Franchise Authority Information:
Nerve of Local Franchising Authority
Denton Ci of
Mauling Addreu oc Franchising Authority
21S E. McKlnn
City State Z I Code
Dcntoa TX 76201
Telephone number Fee Number
817-566-8236
4. For what purpose b this Farm 1240 being filed? Please put in "X" in the appropriate box.
a. Original Form 1240 for Resit Tier Y
h. Amended Fonn 1240 for Basic Tier
c. Original Form 1240 for CPS Tier
d. Amended Foram 1240 for CPS Tier
TO
5. Indicate the one year time period for whkh you are selling rates (the Projected Period). 01 0513119/ (mWY0
• TO
6. Indicate the time period for which you art performing a True-up. 0.11011% 03!31197 (mmlyyI
7. Status of Previous Filing of FCC Form 1210 (enter an "a" in the appropriate bas)
ITS 140
a. Is this the fire FCC Form 1240 filed in any ju risd ictiut? X
b. Ha on FCC Form 1240 been filed prsvicusly with the FCC? X
• If yes, enter the date of the most recent riling: O (tnMEd/yy) -
_YES NO • • ~t
c. Flan an FCC Forth 1240 been filed pnevicudy ailh the Frartchiaing Authority ) X
If yea, enter the data of the most recent filing: L2tl96 (mn✓ddryy)
FCC Form 1240 i
Pass I January 1996
11 ~ r
T
s
•
Federidl Communlratiom Cammiseloa Appmved by OMB 3060-OW
16l'aihln8tom DC 2494
s. Sutus of Previous Filing or FCC Form 1210 (Loiter as "a" in the appropriate box)
YES NO
a. Has an FCC Fonn 1210 been previously fded with the FCC?
i
If ycs, enter the date of the mast recent filing (mmddiy))
YES v0~
h Hm i,FCC Fonn 1210 been previnvsly filed with the Franchising Authority) X
If yes, enter the date of the most recent riling. 177i (mmAd')v)
9. Status or FCC Form 12DO Ring (enter an "x" in the oppropiate box)
YES NO
e. Has an FCC Fonn 1200 been peviously filed with the FCC? K
If yes, enter the date filed (m 'dd,y))
YES NO
h. Has an FCC Form 1200 been previously filed with the Frunchis'wg Authority? 7r
If yes, enter the date fded 08lId,'91 (mmldd'yy)
ED. Cable Programming Smites Complaint Status (eater an "a" In the appropriate box)
YES NO
a. Is this, form being filed in reap ,rim to son FCC Form 329 compleint? g
If yes, enter the date of the complaint. 0 (nuNdd/")
11. Setect)ou of "Going Forward" Channel Addition Acetbodoloo (eater an "x" In the appropriate box)
=Check hero if yaw are using the original rules [MARKUP METHOD].
aCheck here if y(w tae using the new, altrmative, rules ICAPS METHOD),
If using the CAPS METHOD, have yaw elected to revise recovery fur YES so 1
channels, added duveg the period May IS, 1994 to Der 31, 19940
12. He,<dend Upgrade Methodology
".YOTF, Oprrur0vr must rerq/y w eke QvrvNrs!(n direr eUgi6rdry nu err dos a(grode merh,aAaG,ray snot urwch on r~uiymrnr lire an! u~y rri+un"i r.hr,:rde
=Check here if you ate a qudifying small rystem using the streamlined har%nd upgrade methodology.
Part I: Preliminary Information
Module k Maximum Permitted Rate From Previous Filing
a b e d s
line line Descripdea Bask ter a ner ] The 1 nw s
Al Current btarimum Prrnitord Itata $9.7671 i
Module B: Subscribership
s to d e
Lane Ilos Dw ri ,w Beek nee 2 ter 4 TW s
RI Ace rage Sub uri Mnhip For Tr Vp Period 1 11,793
R2 A,, ra v sub scn tenhip ror Tme-up Period 2 19,26]
B) Estimeted Average Sot, ~vbenhip For Projected Period 19,733
• Module C; Inflation Information
2.1nr I.Ine rk+cri Me
CI to Rntion Factor For True -Up Period I I%li 11 0:21
C2 Intlmdoo Factor For Tme-Up Period 2I% ks 11 0075
C3 Current FCC Inflation Fedor G:21
J
FCC Farm 1240
Page 2 mastery, 1996 1
4z ` ~
•
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Federal Camm+nicelkns Comm lolon Approved by OMB 3060.0665
N'mhinglon, DC 20551
Module D: Calculating the Base Rate
■ It
d e
1 io floe Deecrf as 13.911¢ liter 2 ns 4 Tier!
DI Cumal Hadead Upgrade Segmeat $0.0000
D2 Current Exrerual Coro Segment $0.4029
D3 Current Cape Me ltat Segment 30.0000
D4 Currant Markup Method Segment $0.0000
DS Current Channel Mmemeat/Dektioo Segment so 0000
D6 Nrrent True-up Segment $0.0972
D7 Cumor Inflation Segment $01664
D$ Base RalofAl-DI-MDI DN-D$-D6-D71 $9.0004
Part II: True-Up Period
Module E: Timing Information
Ilne line Dwri os
EL Hom long is the True-Up Period? ("I' for 'Leis than or equal to 12 momhr' or first time filers, '2' for 'Grater than l2 moni W') If '11', aarwer F1 and V. If '20, ana-vr
E4 end 0
E2 Number of MootW in the Tme-Up Porird 15
W Number of Months bcmvea On Filing date of thin Form 1240 end the end of eha Ian Pm;ocw Period 3
E4 Number of Months is the w,,ad Pan of the True-Uin Penod Eligible for Interest 3
ES Number cf Mlanrhs in the wood part of the Tt Up Period Ineligible for Interest 0
Module F: Maximum Permitted Rate For True-Up Period t
b d
llae _Une Dwuiprioo IL.k n. 2 7$Ir 4 ilex S
F I Cape Method Segment For Tru Up Period I (RYA 21 $0,0000
R Markup Method Segment For Tru►IIF Period I IWle 31 $0,00113
F3 Chan blvmnt Deleta Segment For Tru►Uin Period 1 {Wks' 4,51 $0,0000
F4 Tme-Up Period I Rate Eligible For fnflatiot (D6+FI+F2+F3 $9,0069
FS Inflation Segment for Tate-Up Period 1 IIF4tC1}F4] $0,1994
F6 Headend Upgrade Segment For TrwUp Period I IW1A 61
F7 External Cotta Segment For True-Up Period 1 IP1A 71 $0,3$99
FR Tme,Up Segment For True-Vp Period 1 $o .06N
F7 1.1 to Perm Rate for TrwVp Pe nod 1 (F4+F5 +Fd+F7+F6) $9.4544 -
Module G: Maximum Permitted Rate For True-Up Period 1
d
to
I. a Fine Dancri cs Rik nor 2 Tire 4 n« 5
G1 Cape blatbW Segment For Truce Up Period 2IWks 21 $0,0000
C. Markup MetbM Segment For True-Up Period 2 (Wks 31 $0.0200
• G3 Clan Mfimat Deleta Segment For Trw Up Period 2 (Wks' 4 31 $0,0000
G4 W Period 2 Rate Eligible For Inf:anon (D$+FS+Gt+GI+O $9.21 i
W inflation Segment for True-Up Period 2 l(G4*a)-G4] $00509
G6 Hu,Yad UPgnde Segment For Tme-Vp Period 2 (Wks 61
,7 External Costa Segment For True-Up Period 2 (Wks 71 $0.3661
CO True Up Segment. For True-Up Period 2 $0 0666 -
0 79 Max Perm Rate for True UP Ps rind 2 (G4+G5 +G6+074 C, 81 $9.7441 0 • 1
I
FCC Form 1240
Page 3 2aawry 1996
I
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Federal CornmunicaWns Cortmlwlon Approved by OMB 3060-OW
1Il whingtom VC 2054
\todute Ii: True-Up Adjustment Cakutation
• b d
I.Jo• Dwdptsoa IL Titer 3 TIw 4 Ti.: S
Ad"uamteot Fur Tru►U Pp" I
HI Revenue From Period l $2,173,410.45
H2 Revenw From Max Permitted Raw for Period I 52,177,261.641
H3 True-Up Period 1 Adjurta w [H2-HI: 53,554.191
H4 Imerrol oa Period I Adjunaeot $331.2954
A 'uatineat For Tru►T' Period 2
HS Reveout From Period 2 Eligible for Interest 1564,593.4005
46 Revenue From Mn Perm Raw for Period 2 Eligible For Iowa 5563,0945M
H7 Period 2 Adjustment Eligible For tatereer M(SH31 (51,495,5152)
HI latemin on Period 2 A,T3ustaew (See ittzmaiou for formula) (521.07711
H9 Reveow From Period 2 Imllgibw for interest $0.00
H10 R< enw From Mu Perm Raw for Period 2 Ineligible for Imo $000
H i t Period 2 Adjutaeat Ineligible For Interest [H 106H91
LAW Tmu Lt Ad'wtmeot
H12 Previous Remaining Ttve-Up Adjustmem
H13 TMTeas Up Adjunmeat[H3+H4+H7+HI+HI1+H12j 52,661,6012
1114 Amouat of True-Up Meg llaim•d Thin Projected Rate Period 52,665.6011
HIS Remaiaiag True-Up Adjustrneat IH]3-H141 50.0000
Part III: Projected Period
Module I: New Maximum Permitted hate
a k d e
line 12114 Daeori m Bade Tier 2 Tier 4 r; 5
11 Caps hlabod Segmem For Projea+ad Period (Wits 21 50.0000
12 Markup hlettilA Segment For Projated Period (1411 )1 $0. woo
13 Chao Mvaat Dettw Segment For Pojected Period Iwts 4171 50.0000
14 Proj. Period Rate ElipbH For Inflation 1D3 + F5 +G5 +11 +12 $92709
13 Inf!stiao Segment for Projected Period 1(14")-141 $0.2049
16 Headead Upgrade Segaual For Projected Period [9.'k4 61 II
17 ExteriW Coe" Segment For Projected Period [`Ater 71 $0 3943 I
15 Tm Up Sell For Projected Period 50.0113
19 Mu P* it ed Rate for Proj«led Period [I4+IS+16+17+161 $9.5119
110 01x111-] 'soled Raw For Prvjsted Period as 19.51
e• If line 110 6 a ®tee then 19, ale G.AP Period Attwkenem .
• e'erlifkatVoo Statement
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHAB',E BY FINE A,ND'OR IMPRISONMENT
(U. S, CODE TITLE 19. SECTION 1001), ANWOR FORFEITURE (U S. CODE, TITLE 47, SECTION 503).
w th.
Sigr/w~tun / ere
A. /jLi
~y
Am AL 5 Iker Director of Regulatory Com liance and Planni 2/27/97 _
® Nmne and Title of Person Canpleting IN* Form: Dente At. Jones, Regulatory Analyst 0 8 1
TeltpNme number Fm Number
J 214 521-7848 214 521.4865
FCC Form 1240
Page 4 lu"ry 1996
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Federal Communications Commit4on Approved By ObIB 3060-MS
Washington, DC 20554
Worksheet I - True-Up Period Inflation
For vuuumoro, see Apyetdia A of buuuctloru Fuc FCC Form 1240
Quertim I. How long is Truo-trp Period 1, in t that 1]
Quemm 2. How long is True•Up Period 2, in mornMl )
l.hre Pt" FCC I&W$ca Fartar
101 hf.rdt 1996 2.22%
102 April 19% 2.22%
10) Mq I996 2 221.
104 June 1996 2 22%
107 July 19% 2 21'.
106 Au" 19% 2 21'.
101 September 1996 2.21'.
101 October 1996 211.,
109 h;ovember 1996 2.21%
110 December 1996 211%
III January 1997 2.21%
I I I Februuy 1997 2 21%
L11 Average bd sa ott Factor for Tnu 10221
up Period I
114 March 1997 211%
115 April 1997 221%
116 May 1997 2216%
117 Vonth 16
III Almth 17
119 6lanth II
i2o hlmdh 19
121 M«nh 20
122 Month 21 1
12) Mond, 22
124 Mmth U
115 MorNh 24
! 76 Avenge Watim Factor k True 1.0055
Up Period I
FCC Form 1240
Page 1 )enuary 19%
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Fad en] Commu nic atinnt Commi uinn Approved By GNIB 30604)615
Wuhlnipon. DC 20554
Worksheet 2 - Caps Method
True-Up Period, Basic Tier
Fw iruuuoliona, we Appendix A of JMnaiorw For FCC Form 1240
Tme('p Projeud Pm
Pmod
Que ion 1. Indicate the period for which Ihit worksheet u being ueed (Put an W in the appropriate box.) r
Question 2.Indicate the barur which this warkxMet a being use&(Put an 'V in the appropriate bat)
Basic Tier 2 Tier 3 Tier 4 Tier 5
r
Qucsum I law Ir ag is the first pmaQ in maAWur wlu h mks arc being set with Out walshec47 13
Question 4, How long a the u d peno4 in mom)u1u which rein are being M. with this workrheet7 3
1 2 3 4 3 6 T 8 9
Prerloua Conant Operators Operator's license Fee Total Ikem Total
Uste Period Regulated Regrdated HR Cap For Cap For Peaene Fee Rexene Opentnn
Added Total Cap
Adjmtm eot
Cbanoels Cluane4 Change Chasoeb lkmse Fen Used U" Cap Used
201 Previout
Month
202 hterch 0 0 o S0.00 $o0000 w.0000
203 April 0 0 0 $0.00 $0.0000 $0.0000
204 May 0 0 0 $01v) $0,0000 500000
205 June 0 0 0 $0.00 $0.0000 50.0000
206 July 0 0 0 $0.00 $0.0000 $0.0000
207 August 0 0 0 $0.00 r vt000 $0.0000
201 September 0 0 0 50.00 50.0000 $0.0000
209 October 0 0 0 $0,00 $0,0000 $0.0000
210 November 0 0 0 $0.00 $0.0000 $0.0000
L
211 December 0 0 0 So.00 $0.0000 $0.0000
212 January 0 0 0 $0,00 $0.0000 $0=
213 February 0 0 0 $0,00 50,0000 $0.0000
214 Average Period J Caps Method Ad'uement I
215 March 0 0 0 $000 $0,0000 $0.0000
216 April 0 0 0 $0.00 $0,0000 $0.0000
217 May 0 0 0 $000 $0.0000 so WM
'11 Month 16
219 hlnnth 17
220 Month 11
21 Month 19
2.22 Month 20 !
123 Month 21 r
Month 22
214
hlanth 23
226 Month 24
227 Averr • Pcnod 2 Ca pi
Method Adw!meN
FCC Form 1240
Page 1 January 19%
-740111110
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Federal Communicstioru Comnilealon Approved By OMB 7066-0455
Weehington, DC 20554
Worksheet 2. Caps Method
Projected Period, Basic Tier
For uuom lie sn Appendix A of Insuu~tinm For FCC Form 1240
-:Ud" projff Peri
TPeriod
Question 1. Indicate the period for which this worksheet is being used. (Art an "a in the appopricte box) Question 2, Indicate the tin far wfuch thu worishcd u being used (Art
an "X" an the approposta be x)
Badc Tier ] Tier 3 Tier 4 Tur 5
X
Question 3 How long is the r" period, in momlufw which rain ere being set with'hu workAwdl !2
Question 4 Haw long is the second period, in nxmtha,fur which rain are being rot with this worksheet? n a
1 2 S 4 5 6 7 B 9
Previous Currsm Operators Operator's Ikeme Fee Total F3c saw TMaI
line Period Regulated Regulated Net Cap for Cop For Reeve Yee Reserve Operators totes Cap
Moods Ceaaods Chow CAdhupok Ikeuse Fees Used Used Cop Used Adjus:meo4
201 Previous Month
102 June 0 0 0 $0.00 $0 0= 50,0090
203 Jr ty 0 0 0 50.00 50.0000 $0,0000
204 Auguat 0 0 0 $0.00 $0.0000 50-0000
205 September 0 0 0 $0.00 $0.0000 $0.0000
206 October 0 0 0 $0.00 so MW $0.0000
001 November 0 0 0 $0.00 $0.0000 $0,0000
201 December 0 0 0 $0.00 so 0000 110.00W
.09 January 0 0 0 $0.00 $0.0000 So.oooo
210 February 0 0 0 50.00 50.0000 30.0000
211 March 0 0 0 50.00 50.0000 500000
212 April 0 0 0 $0.00 $0.0000 $0.0000
213 May 0 0 0 $0.00 $0.0000 $0.0000
214 Avon s Period 1 Cape Method Adjustment
r
FCC Form 1240 I'Page 1 January 19%
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Federal Communications Commiuion Approved By OMS 3060-0615
Washington, DC 20554
Worksheet 3 - Markup Method
True-Up Period, Basic Tier
For innru tiom, we Appendix A of fimmtiao For FCC Farts 1240
True-Up Period Projected Period
Question I, Indicate the Period fix which this workthed is being used (Put Li 'X* in the appropriate box) X
Qu_clion 2. Indicate the lice for which Ow wvxkshrrt is being used (Put an ',X' in the appropriate box)
$asie Tier 2 Tier 7 Tier 4 Tier S
X
QutAiun 3. How long it the firo period in months, for which nun are being to with dtia worksheet? 13
Qur im 4. How long is the second period, in nanths, for which nta at being sal with this worksheet? 1
$ 1 3 4 S k T
Sm of Pserioos San or Cote.. Aeerage Per C►aood Chaoeda Total CnmulaRre
11ne Period Regulated Regulated Chem is Adjmtmeaat Added Adjmtm mt AdjwMmt
fhanneh Chmod
30[ Prov ioua $0.00
Mand
302 March 56 56 54.0 $0.01 0 $0.00 50.00
303 Aprd 56 56 56.0 SOIL 0 $0.00 $0100
304 May 56 36 S6.0 $0.01 0 $0.00 $0100
305 June $6 57 363 $0.01 1 $0.11 $0.61
306 July 37 57 57.0 $0.01 0 $0.00 $0.01
107 August 57 57 $7,0 $0.01 0 $0.00 $0.01
301 September 37 57 $7,0 $0.01 0 $0.00 $0.02
309 October 57 57 57.0 $0.01 0 $0.00 $0.01
310 November 57 57 57.0 fOAI 0 Wall $0.01
311 r4cember 37 57 57.0 $OAl 0 $0.00 $0.01
312 January 57 59 58.0 50.01 0 $0.00 $O.Or
313 February 59 60 5!3 $0.01 1 $0.01 110.01
314 Avers o Period 1 Marko Method Ad'uatmerd $0,000
313 Mach 50 60 60 $0.61 0 $0.00 $0.01
316 April 60 60 60 $0,01 0 $0.00 $0.02
317 MAY 60 60 60 $4,01 0 $0.00 50.0]
318 Month 16
319 Stonth 17
320 Month II
• 321 Month 19
322 Month 20 f
323 Month 21
324 Month 22
125 Month 23
326 Month 24
127 Avers s Period 2 Co s Methad kriunman 50.0200
FCC Form 1240
Peso I Panuory 19%
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Federal Communications Commiarinn Appnvad By OMB 7060-0693
Wamhingwn, DC 20554
Worksheet 3 - Markup Method
Projected Period, Basic Tier
Far au ctiom, mn Appendix A of Ir An"om For FCC Form 1240
Tmedlp Period Projected Paid
Quetim S. Indicate the period far which this wmkahm is being used (Put an 'V in Ow appropiete box) %
Queo;m 2. Muu the tin fu wh h thin workshed u being used (Pus an "V in the epproode box)
Basic Time 2 Tier 3 Tier 4 Tier 5
R
Question S. Haw long is dr fist period, in mmdr, for wtdA rates are tetra; M with put W(Auheat7 12
Question R How Ion` u the eewrelperiod m wov" far which rein mre being wt with pus workthrrt7 rJa
I 2 3 4 S 0 7
Sam of Preeiom Sum of carrml Average Pa Cbamd Cbaaode Total Cumulative
fine Period Reg%"ted Regu4ted Cbatoels Adjuapmmt Added Admaoeat Adju twew
1'baorrda Cbwnd
301 bl ~Ioaa 30.02
302 lum 60 60 60.0 $0.01 0 $0.00 30.02
303 July 60 60 60.0 $0.01 0 $040 $0.02
304 August 60 60 60.0 $0.01 0 $0.00 $0.03
303 Sepamber 60 60 60.0 SO.OI 0 30A1 $0.02
306 Ocwtar 60 60 60.0 $0.01 0 $0.00 $0.02
307 November 60 60 60.0 $0.01 0 50.00 $092
308 December 60 60 60.0 $0.01 0 $0.00 $0.02
309 Jmnuary 60 60 ".4 $0.01 0 $0.00 $0.02
MO Fobmu y 60 60 60.0 50.11 0 $0,00 $0.02
311 March 60 60 60.8 $0.01 0 50,00 $092
312 April 60 60 60.0 30.01 0 $4.00 $0.03
313 May 60 ao 60.0 $0.0] 0 34.00 SOA7
314 Average Period I Marty Method Ad'uturwm 50.0100
I
FCC Form 1240
Pages I January 1996 q
•
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Federal Commurkatioru Commission Appmv ad By OMB 3060-0613
Washington, DC 20554
TABLE A.
NON-EXTERNAL COST ADJUSTMENT FOR 1
i
CHANOES W CHANNELS
Avsngs Channels Adjunmeaa
Frow To~ per charmet
7 7 60,52
7.5 7,5 60.15
1 1 60.10
6,5 1.5 60.36
9 9 60.33
9.5 9.5 60.29
10 30 60.27
t0! 10.5 $0,24
Il ill $0.22
11.3 11.3 60.20
12 12 60.19
t2.3 12.5 50,17
I3 13 $0.16
13.5 ]3.3 $0.15
14 14 60.14
145 14.5 $0.13
IS 15.5 $0,12
16 16 50.11
16,5 17 60,10
17.5 16 50.09
Ii S 19 $0.05
19.5 21.3 30.07
22 23,5 W06
24 26 $0.05
26.3 29.5 $0,04
30 Is s $0 OS
36 46 $0.02
46.5 99 $0,01
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FCC Form 1240
Fogs 2 3srwary 19%
L.
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Federal Cornmurkatiou Caeunirsion Approved By OMS V60-0685
Washington, DC 20554
Worksheet 4 - Residual
True-Up Period
For uutrv tiuu, see Appcodix A of brstrucliarw For FCC Forru 1240
Question 1. Indicate the period la which this worksb t is being wed (Mere "V in the spprop iste box) Tmu Up Period Projected Period
X
SL Is c d o
[10 Use Docriotioo S L Ties I Tier 3 Tier 4 Ti: S
Period Orw
401 Average Pe Usid Charge 51.6775
402 Avenge ExterrW Costs $03599
Avenge Total Per CTwnnd Adjurtnnto after
403 5/ 14194 for Channels Added Vain Caps Method 50,0000
404 Avenge Tie: Residual 140 14024031 593774
405 Avenge Channels per Regulated Tier 23.5000
406 Avenge Capa Method Chanula per riser 0.0000
407 Avenge Remaining Channel. 140SA061 33.50110
409 Avenge Period I Par Channet l idol [40414071 $03948
Period Two
409 Avon to PamuOed Charge 55.1700
410 Avenge Eswmml Coon $03868
411 Avenge Total Par Cha wl Adj ustmanta miter ,
5/14,194 for Channels Added Using Cops Method
412 Avenge Tier Residual 1409410411) 193932 -
411 Avenge Channels per Regulated Tier 24.0000
414 Average Cmps ht*thod C`ham:ala per Tier 0.0000 E
f
415 Avenge Remaining Chow's (411-4141 54.00005
416 Avenge Period 2 Per Chonnol Residual 141214,'51 $03910 j
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FCC Form 1240
Pegs I Sonuary 19%
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Fed oral Communiutiotu Comminion App"ed By OMB 7060-0685
Washington, DC 20554
Worksheet 4 - Residual
Projected Period
Qu ion I. Indicate the period for Which 0iia %orkslwd it being ueed. (Put an "X" m the eppropriau box-) Trx-Up Period Pnijaaed Pmod
r
b d e
IBlae Lime Dwri0dee Baa;c Ties 2 Tier 4 T; S
rd w of
401 Avenp P"tld Charge 59.701
402 Avenp Eaterwl Costs SOJ941
403 Avenge Total Per Chamrl Adjuatmero after $0.0000
5l I U94 for Charwto Added Using Car Method
404 Avenge Two Residua] 1401-4024031 $9.3703
405 Avenge CTarurla per Regulatd Tier 24.5000
406 Avenge Capa Method Chaeneli par Tin 0.0000
407 Avenge ite"!Wng Cliennda 14054061 24.5000
408 Average Period I Per Chanrsal Residual 1404,14071 SOJ825
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FCC Form 1240
Pile 2 January 1996
1Z ~
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Fedent Conumunlcatioru Commission Approved By 0618 3060-W5
Wa shingtun, DC 20554
Worksheet 5 - Channel Movement and Deletion
True-Up Period, Basic Tier
Fox uutruoirru, sn ATcrAc A of butrudiom For FCC Fuern 1240
Question I. Indiule the period for which this worksheet is bring used (Pont an in the approoge, boa) _
TnteUp Period Projate . Period
C
Question 2. Indicate Ire tier for which this woAshed is being used {Put ter -V in the appropriate boa 1 _
Hirst Ter 2 Ter 7 Tor 4 Tier S
Question 7. Clow long is the first pcnod in months, for whidh rates are bring s i with this worksheerI 12
Question 4. How long is the aecorrd patlod m muntu, for which run are being set with this worluhra~ 1
2 1 3 4
Reerlual of CLondr Ddeud ResWrul of CLameL Moved Net Per•Chaand Cat f mdrdee Net Per.
Unit Period From Tier Weird) to Ter AdjusitCmabieort • Chamd Coat AJjostmeemt
501 Provioui Period (010000
502 March 50.0000 50.0000 50.0000 $0.00110
507 April 50.0000 $0.00170 50.0000 50.0000
504 May $0.0000 $0,0000 $0.00t10 $0.0000
50S June $0.0000 so 0000 $0.0000 50.0000
506 July $0.0000 $17,0000 50.0000 $0.0000
501 August 50,0000 $O.0000 $0.0006 $0.0000
508 September so 0000 $0.00011 MOM $O A000
509 October 50.0050 $0.0000 NO= 50.0000
510 No.embtr 50.0000 so 0000 $4,Wd 50,0006
511 December $1.0000 $0,0000 SOMW 30.0000
512 January 1997 $0,0000 50.0000 (0.0000 50A000
517 Fsbmery i997 50,0000 so MW $0.0000 5010000
514 Acera a Period l Chaaad htor®ent rod DdeOOn A 'ustmeol 50.0000
515 March 1997 50 .0000 so Om $0.0000 $0.0000
516 April 1997 $0.0000 50,17000 SCOW $0.01"
517 MAY 1997 $0,0000 50,0000 $0.0006 50.0000
518 Month 16
519 6lonth 17
5.0 ki,nth 18
521 Month 19
5:2 Month 20
• $27 Month 21 1
524 Month 22
525 MOtuh 27
5:6 Month 24
527 Arer a Period 1 Chaood Maremetel and DdrOm A 'mtmesl 50.0000
i
FCC Form 1240
Page I January 1996
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Federal Communications Cummiesinn Appmvd By OMB 30640695
w'a•hinron, DC 20554
Worksheet S - Channel Movement and Deletion
Projected Period, Basic Tier
For ingur born, are Appendix A of Lutuctiom For FCC Fain 1240
Question 1. Indicste Ilia period The which this worksbed is being used (Put an •X• un the sppropnte box.!
True-Up Period Ptaj earl Pmod
X
Question '2. Indicate the ter for which this workshed is bring wed (Put an 'X" in the appropriau box)
&nie T•r 2 Tu 3 Toe 4 Tia S
X
Quemm 3. How long is the fist penoQ in months, for which rats are being set with this workshed7 13
QuW iw 4. How bong it the second period, in months, for which too car being set with this wonkshecO We
t 7 3 4
Reddod of Chaoa& Ddeted Redds a yg ChauneL Moved Net Fer{hswd Coq Cttmtdadve Net Per-C
Ilse Period Frew Tier (added) to Tkrr Agjwbnnt (Cohtms I • Cod A4w(mtot
Colus" lJ
501 Previous Period SCOW
50't lung 50.0000 $0.0000 WAN MAN
503 July 50 .0000 so 00M UAW SOA000
504 August $0.0000 50.0000 $0.0000 SCOW
505 September $0.0000 - WA'000 $0.1m S0.6110
5116 October $0.0000 'vnl 50.0000 $0.00100
507 November 50.0000 .'i SO.M00 f0.0000
500 December so 0000 _ f0.0000 50.0000
509 J.nusry 500000 MOM 50.0000
510 February $0,0000 JI orw SO.0W $0.0000
511 March so ,0000 50.0000 SUM f0.0000
512 April 50.0000 $0.0000 SIAM $0.0000
513 May $00000 so 00M AN 50.0000
1514 Ave Period I Chatted Movement bind Deletios A4J wtaest $0.0000
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FCC Form 1240
Pegs I )Amory 1996
Pilo r----
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Fedual Communicatiom Communion Approved By OMB 3DbOf%95
W tshingron, DC 20554
Worksheet 6 - Hcadend Upgrade
True-Up Period, Basic Tier
For itutruc-iom, we Appetdie A ofUWwtioru Foe FCC Fa 1240
Question 1. Indicau the period fbrwhich Otis worLrtrct u being used. (Pat an to the appropriAt bor.)
Truo-tlp Period Projnted Period
Question 2. indicate the fin for which this wortshect is being used (Put an in the appropriate b0c)
Baeic Ter I Tier 7 Tier 4 Tee 5
C
Question 1. How long is the first period in mooft for which rain arc being ad wnh, this worksheet? 11
Question 4. How lung is the uxond Period in montha, br wNch tarn are being set with this wnrkshw 7
1 I 3 4 S
Original Cost or 9leadend Upgrade
Liar: Period Original cost of rH+dDer.t W I•sa Computed lletun on Depreciation Eapeiae Adjwatmml ICohunn 7
Headend Egtdpment Deprerind" Pq dpmted For Preeiom fear + Colu mo 41
601 Previous
lnvoumenu
602 Month 1 $0.00
603 Month 2 50.00
604 Month 3 $0.00
~k5 Month 4 $0.00
606 Month S $0.00
607 Month 6 $C.00
609 Month 7 $0.00
609 Month 9 $0.00
6l0 Month 9 $0.00
611 Month 10 $0.00
612 Month I1 $0.00
613 *,tonth 12 $0.00
614 Total Heod.nd Adjwd a nz
615 Per Sub acribet Adju woe rA
616 hiondity Per Subsrr5ber Adj ®tm mt For Period 2
617 Pmioua
lnnestmante
bit Month 13 $0.00 ,
619 Month 14 $0.00
610 hlondt 15 $0.00
621 Month 16 $0.00
612 Month 17 $0.00
623 Month 19 $0.00 ~ -
6'4 M;mth 19 ".D0 '
025 Month 20 _ $0.00
616 Month 21 $0.00
627 Month 22 $0.0_0 )
629 Month 23 0.00
i ~ • ~
629 Month 24 $0.00
630 T1,1 Headend Adjudmene
631 For Subscriber Adjumnem
632 Monthly Per Saburiber A 'erslmatd For Period I
(
FCC Form 1240
Page I Jarmary 1996
I1
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( 4=mq"WP*" lip
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Feder:] Coxnmuniations Coruniseion Approved by OMB )0604685
Washington. DC 20554 '
Worksheet 6 - Headend Upgrade
Projected Period, Basic Tier
For'uWu&onu• tee Appendix A of Incu bons For FCC Form 1240
Question 1. indicate the period fa which dais woxk,hcet is bring used. (PWI an" in the appropnate Got)
True-Up Period Pojated Period
x
Question 2. Wiute the lier for which Otis wo4is being used (M an'A in the appropriate tort)
Basic run 2 Tier 3 rm rm 5
x
Qumion 3. How long is the firs pmA in months, far A" rater m being id with this worksheet? 17
Question 4. How long is the wond period. in mon dw for v&ch m0es are being nee with Otis wod ? W
2 2 3 S Hesesod
Upgradit
Um Period Onldaed Coo of TI&W cod Of
lom Compaled Ratum oa Depr" ioe ripsre mamed Carron 7
Hndrod Fqupmtate DEqWpmeat eprodae3oa "Penn" Fat Prerbua Year t CAMS 42
601 previous
Investments
602 Month 1 $0.00
603 Month 2 $0.00
604 Month j 50100
605 M.wh 4 $0.00
606 Month S 50.00
607 Month 6 $0.00
60S Month 7 $0.00
609 Month 0 $0.00
610 Month 9 $0.00
611 Month 10 $0.00
612 Month I i 50.9o
613 Month 12 50.00 ,
till Told Hadend Adjenmem
615 Per Suburiba Adjustmed
616 ItIouhty Per Subecrt'ber A 'uauaad For Period I
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FCC Form 1240
Page I lanumy 1996
2~ 4
C" rim--••~ •r"
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Federal Communications Commiuion Approved By OMB 3060-M5
Washington, DC :0534
Worksheet 7 - External Costs
True-Up Period
Fa voUvcliou, see Appendix A of Inruuniom For FCC. Form 1240
Tm&Up Period Ptojwled Period
Question 1. Foe which toms period us you fi lling oul this workahea7 1N4 car m the uppnVn4W box l X
Question 2. Haw long u the foal penod, in erntnin, for which rata w being sA with this warluheet7 tI
Question 3. How long is the amoral perio4 in momlu. Far which Ma a s bring ad with this workshed? J
Luse Lim Deasdption Bask Tier I Tkr I Tier 4 bier 5
Period I
Estern Costs Eligible or Markup
Cost of Propwrmsing Fos Charmed Added Prior to
701 5 15 94 or After 5 15.94 Using Markup Method
For Pmod S41,438 .57
702 Reuansnuss ion Coroer4 Fen For Period f0.
,03 Copyright Fees For Period $34,063.12
704 External Cosa Eligible For 7, 5% Markup $75-402.
705 Slarked Up Exwna: Costs $81,165.0595
External C0511 Not Eligible for SlArkup
706 Cable Spwilic Taxes For Period $0.00
tU7 Framhl Relaad Cosa For Period 50.00
708 Cummivian Rei la4ry' Fen For Period $000
709 Total ENemal Casa For Peood $03,165.0595
i0 Slo,rtMy. Perdubsaiber External Cold For Period
t $0.3$99
Period 2
External Costs Eligible for Marko
Cost of Ptogranvrting For Channels Added Prior to
111 5 15.94 or After 5 13 94 Using Markup l
For Pedal _ $11,70317
712 Relramnumion Cauera Few For Pmod so 00
713 Copyright Fm For Period $9,089 N
714 External Cora Eligible For 7.5•a Markup 5201791.73
715 Marked Up External Costs S22J51.0941
Exteroal Costs Not Eli 'bte for.Mirku _
716 Cable Spw7fie Taxes For Penod $O
00
• 717 Frandum Related Costs For Period $000
718 Commission Regulatory Fees For Period S000
r `
719 Total Emmal Costs Fx Period 521J51.0941
r,0 161 mWy. PmSubscnbe External Costs For Period
2 SOJI MS
1 _
FCC Fona 1240
Page I 3amary 19%
L~ ~ 1
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7 7
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Fcdaral Communications Commiuiod Apprv~ad By OMB 706010615
w'aehington, DC 20554 ,
Worksheet 7 - Cwternal Costs
Projected Period
Fa mstmcbom see A?perdm A of IrAr*W" For FCC Farm 1240
Tr"-Up Period Pv wwd Pmod
Question 1, For which time period ars ym filling oul this workAnt7 lPd 4o',\' in the epprolaide box) X
Ques4 m 7. How long u the firm period, in meths, Far which raw m being sd wnh d%Im w'oeksheer7 7I
Quertim 3. How long is the mco d period, in mortft for whkb rater us being ad with thin wmksheet7 der
Line Llne Demirriptlost 'rier7 Tkr4 Tkr6 -
e
Estero Costs Il lot or Mal _
Cod of Progranmeing Tot Charmels Added Prior to
701 S1594 or ARer Sr15,94 Ueing Slarkvp Method
ror Paid 548 I49 3
701 Retrsnamiaim Cemrnt Fro For Period $000
703 Cap}7iOA Fes For Period 938,010,92
704 Eeamu3 Coro Eligible Fa 73% Markup 986,470.11
705 Masked Up Ehdervl Gods 593,491991 l
E:termt! Costs Not Eligible ror Markup
706 Cable Specifu'fun For Period $000
707 Frw him Related Cow Fm Period S0.
708 Conuni.mim Aerylstuy Fact Fx Period S0.
709 Total Exu trml Cosu For Period 593,4919911
,to "I-11Y. Pa•Subs ber Eid>nd code For
Projated Period 50.3948
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FCC Form 1140
Page 1 3aeuary 1996
•
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Fedenl Commuwatione Commiuion Approved By OMB 3OW-0695 ~
Washington. DC 20551
f Worksheet 8 - True-Up Rate Charged
For 'outru,tior . we Apperdix A of bAnviota Far FCC form 1310 I
Quotim I. How long is 0A TmWp Period 1, in morelr7 IS
Quntica 2. How long is the True Vp Period 2. in mon0r7 3
a 6 a
Lim DMH Basic Tier S Tiff S rise 6 rrer $
801 March $9:100
502 April $9.:100
803 Moy $9.2100 _
501 Jum $9.77110
805 July $9M
506 Augum $9.7700
$07 $epumbu $9.7700
$00 Oc%ober $9.7700
$09 Jlovambar _ $9.7700
110 D%embae $9.7700
all Jenuary $9.7700
112 February $9.7700
813 Period I Av mge Rae $9.637$
811 March $9.7700
81$ April $9.7700
,16 MSs/ $9.7700
All Month 16
All M enb 17
1:19 Wntli 11
111320 Slonth 19
123 Month 20
322 kl mh 21
123 khnth 22
3:1 hl,mb 23
125 M wth 21
J:6 Puiod 2 Avemiv Rats 19.7Tp0
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FCC Form 1210
Age I Jamrery 19%
2-9 d;
e
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Marcus Cable Associates, L.P.
1997 Form 1240 Filing • Additional Information R Attachments
City of Denton
TX0580
1 Marcus Gable plans to implement the forowing rate structure at the beginning of the
Projected Period.
Basic
Scoria
Rates as or June, 1997 $988
2 A current channel line-up is enclosed with Nis attachment. The following is a detail
of channel additive during the true-up and projected panods'
i
True-up Period.
Basic The Barker Channel, Marcus Channel
CAST. Speedvlsion, TV Land, Drop Video Jukebox, Replace weh Cartoon
Protected Period.
Basic No channel additions
CPST No channel additions
3 The foliowing schedule details total programming costs for the true-up 8 projected periods.
Programming Costs
fain CAPS
Beginning of the true-up pn'ricd. $599 $030
End of the true-up period Se 36 $030
Begimrl of the protected period $636 030
End of the projected period S668 3030
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Marcus Cable
FCC Form 1205 Filing
Overview
Attached, please find Marcus Cable's FCC Form 1205 filing for 1997. This form calculates the
maximum permitted rates for regulated equipment and installations. The form must be updated
on an annual basis and must be filed with the FCC's annual rate adjustment Form 1240. The
following narrative is an overview of the Form 1205 and the allocation methods utilized by
Marcus Cable when completing the form. If you have any questions regarding the information
presented in this filing, please feel free to call Denise Jones at (214) 521-7898.
FCC Form 1205 - Overview
The FCC Form 1205 is used for computing equipment rates. It is a modified version of the
equipment schedule in Part III of the FCC Form 393 used in Re-Regulation 1. Ali equipment
rates must be priced on the basis of actual cost. Cost is determined in the form by developing an
"equipment basket" of costs for installation, repair and maintenance activities, and a "reasonable
profit" presumptively set at 11.25%, plus income tax. The aggregate figure is divided by annual
service hours to yield an hourly service charge, known as "HSC." Charges for installation and
maintenance of equipment are based on the amount of time it takes to comp!ete the task,
multiplied by the HSC. Charges for equipment (i.e., converters and remote control units) are
intended to recover the capital costs of the equipment and the average maintenance cost for each
unit.
Hourly Service Charge Calculation
The figures shown on the form were computed by using actual installation and maintenance hours
as measured from service reports produced by our field offices. Assets and costs were allocated fl
from the partnership level to the "equipment basket" based on the average hours spent on
"equipment basket" items.
1 Equipment Rate ,'alcu!ati m
Equipment rates ale broken into four categories: basic remou, addressable remote, non-
addressable converter, and addressable converter. The rates computed on the form are derived
from the actual cost of the equipment leased to customers. The cost and number of units reported
are at the partnership level. Maintenance and service hours were obtained from service reports . "
prepared by field personnel
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Aoenda No.
Agenda ltem~
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 TfIEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bits for the purchase
of necessary materials, equipment, supplies or services in accordance with the prc cedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a de.,, ,-..ted employce 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
MIF.REAS, 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
2040 ALL PREMIEREQUIPMENT SERVICE, INC. EXHIBITA
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts tF. offer of the persons submitting the bids for such items and
agrees to purchase the ,naterials, equipment, supplies or services in accordance with the terns.
specifications, standares, 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 csecute the written contract w hich 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. • 0
1
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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 finds therefor in the amount
and in accordance % ith the approved bids or pursuant to a tsritten 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:
1EN%NIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
$1 WI l'.ORD
1 ~
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t4
11.'IA.oKr.r.....~I..yJ404~.'(~~~_ ^ ~ F y: 4 L..L,:~'.t~.A✓ _~.s~a~ra'wibMYk L• ..1 - _ ~aAL
s
BID 4 2040
BID NAME HEAVY' EQUIPMENT MECHANIC PREMIER
EQUIPMENT
OPEN DATE APRIL 22,1997 SERVICE, INC.
N QTY' DESCRIPTION VENDOR EXHIBIT A
1. SS HOURLY RATE BASED UPON 540.00
40 HRS FER WEEK ROUTINE
MAINTENANCE AND REPAIRS
2. SS HOURLY RATE FOR OVER 40 HRS $40.00
PER WEEK FOR EMERGENCY
MAINTENANCE AND REPAIRS
s
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DATE: MAY 20, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID k 2040 HEAVY EQUIPMENT MECHANIC
RECOMMENDATION: We recommend this bid be a«arded to the lowest bidder, Premier
Equipment Sen ice, Inc., at the hourly rate of $40.00. The annual estimated expenditure for this
sen ice is $84,000.00.
SLINLIL%RY: This bid is for an annual contract for the services of a heavy equipment mechanic to
maintain apd repair equipment such as compactors, loaders and scrapers primarily lecated at the City
of Denton landfill. This contractor will «urk under the direction of the fleet services superintendent
and under the direct supervision of the landfill supervisor. This contract will be for one year and may
be extended if agreed upon by both parties.
Two bid proposals were received in response to three notices to bid mailed to prospcctive contractors.
PROGRAMS, DEPARTNH:NTS OR GROUPS AFFECTED: Fleet Services, Landfill, Utilities
Department, and Citizens of Denton.
FISCAL IMPACT: Budgeted funds for 1997 account number 7,10-025.0580-8710.
Attachments: Tabulation Sheet ,
Memorandum from Jack Jarvis, Fleet Services Superintendent, dated May 2. 1997
Respectfully submitted:
<< / t~Jc_'ic
Kat ose
Executive Director of Finance
Prepared by:
Name: Denise Harpool
Title: Senior Buycr
Approved:
fir ~ ~ • O
Name: Tom D. Shaw. C.P.M.
Title: Purchasing Agent
B' 1 . AC E NrA
4
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BID M 2010
BID NAME HEAVY EQUIPMENT MECHANIC PREMIER AIS
r
EQUIPMENT CONTINENTAL
OPEN DATE APRIL 22, 1991 SERVICE, INC.
k QTY DESCRIPTION VENDOR VENDOR
1. $5 HOURLY RATE BASED UPON S10.00 $65.00
10 ]IRS PER WEEK ROUTINE
MAINTENANCE AND REPAIRS
2. SS HOURLY RATE FOR OVER 10 HRS $10.00 585.00
PER WEEK FOR EMERGENCY
MAINTENANCE AND REPAIRS
•
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CITY of oENTON, TEXAS MUNICIPAL BUILDING / 215 E MCKINNEY / DENTON, TEXAS 76201
MEMORANDUM
TO: Tom Shaw
FROM: Jack Jarv , j "
r
DATE: May 2, 1997
SUBJECT: Bid Number 2040 (Heavy Equipment ,Mechanic)
Tom, we received two bids for item 2040 that met our specifications. I recommend
awarding this bid to Premier Equipment Services, for the one year contact, Premier bid a labor
rate of $40 per hour, the other bid was for $65 per hour. If you have any questions please call,
~cvtutd
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8 r 7/566-8200 D/FW METRO 434.2529
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Agenda No. q-1-019
Agenda Item S
te r-i%._~ -z
ORDINANCE NO. Da y
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. I
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
thr•, 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,
T1 IF 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
2031 ALL DEALERS ELECTRICAL SUPPLY EXHIBIT A
SECTION 11. That by the acceptance and approval of the above i -'.I items of the
submitted bids, the City accepts the offer of the persons submitting the bid h items and
agrees to purchase the materials, equipment, supplies or services in eccordar, h the temts.
specifications, standards, quantities and for the specified sums contained in the Bid lm ilations, Bid
Proposals. and related documents,
s
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. • 8
1 I
•
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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 «ith the approved bids or ,ursuant to a written contract made pursuant thereto as
authorized herein.
SEC I ION V. That this ordinance hall 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
B5:
SU PP L V.ORD
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P•,~ `TIS
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BID 4 2041 "EXHIBITA"
BID NAME PVC CONDUIT & Dealer's
ACCESSORIES Electric
OPEN DATE APPIL 22, 1997
0 QTY DESCRIPTION VENDOR _ EXHIBIT A
CONDUIT PVC SCH 40
1. 10000 FT CONDUIT 6" X 20' $1.590
2. 23000 FT CONDUIT 4" X 20' $0.885
3. 250 FT CONDUIT 3" X 10' 50.687
4. 30000 FT CONDUIT 2 112" X 20' 50.515
5, 2000 FT CONDUIT 2 112" X 10' 50.523
6. 51000 FT CONDUIT 2" X 20' $0,324
7. 2500 FT CONDUIT 2" X 10' $0.334
8. 5000 FT CONDUIT I" X 10' $0.167
9. 20 EA COUPLING 6" 54.225
10. 20 EA U.UPLIN'G 6" SLIP 511.525
11. 800 EA COUPLING 4" $1.255
12. 150 EA COUPLING 4" SLIP 54.405
13. 10 EA COUPLING 3" $0,975
14. 800 EA COUPLING 2 Ill" _ 50,591
15, 1500 EA COUPLING 2" 50.291
16. 400 EA COUPLING I" 50,131
17. 25 EA ELBOFR' 6" X 90 518.765
18. 10 EA ELBOW 6" X 45 SS4.323
19. 10 EA ELBOW 6" X 22 1/23 6" 524.935,
20, 200 EA ELB01ti' 4" X 90 36" 512,545
21. 65 EA ELBOIV 4" X 90 56.585
22. 50 EA ELBOW 4" X 45 56.148
23. 65 EA LB011' 4" X 22 112 510.625
24. 10 EA ELBOIV 3" X 90 36" 510.111
25. 300 EA ELBOW 2 112" X 90 36" 57.685
i
26. 10 EA ELBOW 3"X 90 $3.925
27. 10 EA ELBOW 3" X 45 53.792
1 28 300 EA EL BONN 2 112" X 90 52.175
29. 150 EA ELBOW 2 1/2" X 45 $2.215
30. 500 EA ELBOW 2' X 9036" $4.555
• 31, 400 EA ELBOW 2" X 90 $1.123
32. 150 EA ELBOW 2" X 45 $1,082
33. 250 EA ELBOW 1" X 90 $0.425
34. 50 EA PLUG 6" $1.395
35. 10 EA PLUG 5" $1.214
36. 50 EA PLUG 4" $0.835
• 37, ID EA REDUCER 6" X 5" $13.750 • 0
38. 5 EA REDUCER 5" X 4" $13.350
39, 400 EA CEMENT, QUART $4.511
CONDUIT PVC SCH 80
40. 200D FT CONDUIT 2 112" X 10' $0.798
41. 2000 FT CONDUIT 2" X 10' $0.514
3
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DATE: MAY 20.1947
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID N 2041 • PVC CONDUIT & ACCESSORIES
RECO.NWENDATION: We recommend this bid be awarded to the lowest bidder, Dealers
Electrical Supply, in the unit prices listed in "Exhibit A". The annual estimated expenditure is
$90.000,00.
SUDL*LARY: This bid is for an annual price agreement for the purchase of PVC (polyvinyl
chloride) conduit pipe and accessories which are used by the Electric Distribution Department in the
construction of underground utility lines. These PVC conduit pipes and accessories wili b purchased
on an as needed basis and kept in the warehouse inventory. This price agreement may be extended
for additional one year periods if agreed to by both parties.
Six bid proposals were received in response to ten bid packages mailed to prospective vendors.
PROGRAINIS, DEPARTMENTS OR GROUPS AFFECTED: Warehouse working capital,
Electric Distribution, Electric Utilities, Citizens of Denton.
FISCAL LNIPACT: Budgeted funds for 1997 Warehouse workin5 capital account number 710-043-
0552.
Attachment: Tabulation Sheet
Respectfully submitted:
t l -1JV e-
I
Katy Du se
Executive Director of Finance
P~rep~ared by:Name: Denise Harpool t t
Title: Senior Buyer
i
Approved:
• _ •
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
972. A_ a:,_x
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BID a 2041
DID NAME PSCCO%Dl77B Oralgr'g Cumming Techfine MEsco Printer rem pre
ACCESSORIES £leark Sopph
OPE\ DAFE APRIL 22, 1997 i
0 QTL DLSCQIPTIO\1E\DOR SE\'DOR VENDOR 1E\DOR XESUOR VENDOR
CONDUIT P\C SCII 40
1. ID0DO FT CONDE IT fi' X 20' SI490 S1,7941 $1.61 52.16 51.61 $3.00
2 21D0D FT C0\DL IT J" X 20' $0,115 50.9815 $1.029 f1.06__ $0.99 51.09
31 250 FT CO\DLFT 3" X 10' S0.r`7 50.6900 SO.'S 50.65 50.70 $0.77
4. 30000 ITT LO\DLIT 2 1v \ 20' SO 415 56.5730 50.60 $0.59_ 50.51 50.64
S. _ 2000 FT CO\DI IT 2 L4" X 10' 50.527 50.5730 50.60 $0.59 5046 50164
6. 51000 FT CO\DL'Lr 2' % 20' $0324 $0.3690 30.37 50.37,_ 50.33 SO.41
7. 2500 FT _ CO\DL IT 3' X 10' SO.M 503670 5037 5037 5036 SO.41
1. 5000 FT CO\DLIT I" \ in, 50.167 50.1601 so 17 SO 19 50.19 50.20
9. 20 EA COL PILING 6" SJ 225 54.89 56.42 55.20 54.97 55,4'
10. IO EA COl PLf\'G 6" SLIP 311535 534! $7.30 55.95 SS.bO Sb.l7
A. _ 600 EA COEPLI\G J' 31353 5136 S1.9P 5150 5139 $1-43
321 150 E\ COLPLINC J" SLIP $4.403 $3.67 33_% 53.95 S2."0__.._. 5299
13. _ 10 EA COUPLING 3' 50.975 $0.95 31.24 $1.15 _ $0.96 51.06
14. 600 E,\ COIPLIXC212" - 50491 50.71 SD,79 -50.76 50.71 - 50.714
15. 1500 EA COL PL216 1" 50.291 5030 50.44 343! $030 $033
16 400 E\ COL PLf\G v 50.131 50.14 50.19 50.15 - SD.15 50.155
17, 25 E:1 _ ELBON 1" \ 9D S13.165 51912 5:732 520.00 520,04 532.09
16. 19 EA ELBMS 6"\45 $14.323 $14.43 $15.53_ $15.90 514.59 516.09
19, ID EA EI D0t5 6" X 32 1'136" $24.935 $1736 Si0.11 519.00 517.76 51947
20, 200 F4 ELB011 4".\90 36" $12445 SM" 517,97_ $15.00 _ Sum $14.36
21. 65 E A ELBOW 4" \ 90 $6365 56.65 S9.04 S5.DO 56.73 _ 37.41
M 50 E! _ ELBO11' 4" \ 43 S6149 54.16 55.49 S41.50 56.23 56.67
3J.. 65 i.:\ _ EL80t5' 4'-\ 72 IR 510.625 55.10 54.59 5640 55.67 56.17
34. IO EA umi 3" X9036" SID.I I1 $13.43 512.53 58.60 58348 - 514.97
35. 300 E\ ELB011 214" \9036 f7US 56.74 5942 ~ 5600 56.82 $7.51
_ _ 10 E.\ ELBOtI 3' X911 33.935
3653.69 $5.32 - -
33,00 S37S 54.13
-
37, 10 E \ FL80\1' 3" 45 33.79] $3.69 SJ.28 32.85 S!.'! 54,12
2A. 300 EA ELBOl% 2 14" \ 9D 53,175 5242 53.64 S1J5 -0.55 - .32.81
29. 150 E.\ lLBON' 3 1/2' JS $1.315 324/ 5331 5700 32.43
S4.6
70. 500 E.\FLBOR' 1" X 90 J6"- 34.355 54,76 55.66 SS,00 4' 5533
31. 400 6___ ELBOW 2" X 90 - _ - - - - -n
_ . , $4.723 51.09 .$1. .63 Sam-
0 93 _ 11.10- _ 51.22
32. 160 EA ELBOW-2" X45 _ $1.082 61.16 $1.10 f0 60 _ $1.16 51.26
33. 250 EA ELBOW 2" X 90 $C,426 $0.40 $0.67 $0.46 $0.47 60.61
34. 50 EA _ PLUG 6" 51..196 $166 NO BID $1,75 $1.66 $1.71
35. 10 EA PLUG 5" - -
- .51.;,11 f121 NOBID 1110 $1.21 _ $1,41
36. 60 EA PLUG 4" 60.136 $0.95 NO BID 61.16 60.98 it OS
37. 1D EA REDUCER 6" X 5" $1:.760 $17460 NO BID $18,00 $16.53 $16,22
38. 5 EA REDUCER 6" X 4" $13,350 (11.40 NO BID $12.00 _ __$10 50 _ $11,67
9, 400 EA CEMEW, CUART SLAI1 65.1i 13 63.15 54.83 16.32 '
• _ CONDUIT PVC SCH 80 - - - -
40. 2000 FT CONDU T 2 112" X 10' r:1i id $0.8620 NO BID $0 90 $0 65 $0.94
41. 2000 FT CONDIIT 2 X 41 $0.$14, $01832 UO BID $066 $0.69 $015
TOTAL: 690,06418 $98,691.55 $101,128.45 $104,778.50 599,933.10 $101,674.90
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Agenda tio.~ l-D/9
Agenda Item
ORDINANCE NO. Dale
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.
\VIIEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance %vith the procedures of STA"1E
law and City ordinances; and
WHEREAS. the City Manager or a designated employee has reviewed and recommended
that the herein described bids are :he lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
\\TiEREAS, the City Council has provided in the City BuJget for the appropriation of funds
to bo 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, sho% n in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
131D ITEM
NUMBER NO VENDOR AMOUNT
2032 1,8,19 LECTRIC LITES CO., INC. EXHIBIT A
2042 2.3,4.25,29.34 CENTERLINE SUPPLY, INC. EXHIBIT A
2013 5.9.10,1 1.13 SIGNS & BLANKS, INC. EXHIBIT A
2012 6.30,31,33 3b1 EXHIBITA
2012 7.12,14,15,16,18, 20. ROADRUNNERIRAFNCSUPPLY, INC. EXHIBITA
21.23,26,35,36,37
2032 11,22.23 LONE STAR SAFETY & SUPPLY EXHIBIT A
• 2032 21,28 TRAFFIC PARTS. INC. EXHIBIT A
2042 38 FLINT TRADING. INC. EXHIBIT A i
SECTION 11. Thal 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 Imitations. Bid
~J Proposals, ana related documents.
I
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s
SECTION 111. That should the City and parsons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement 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 contrast which shall be attached hereto; provided that the written
contract is in accordance with the teems, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proyosal and related documents herein approved and accepted.
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 p+.rsuant 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.
ACK MILLER, MAYOR
I
ATTEST:
JENNIFER WALTERS. CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: I
HERBERT L. PROUTY, CITY ATTORNEY '
~I
O BY:
sl PPLY ORD O O
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BID # 2042 "Exhibit A"
BID NAME TRAFFIC SIGNS 8 SUPPLIES
OPEN DATE APRIL 22, 1997
(PAGE 1 OF 3)
b CITY DESCRIPTION UNIT PRICE VENDOR
1. 36 6' SAWHORSE BARRICADE (55078060) $47.00 Lectric Liles Co. Inc
2 50 AF30 PYRAFRAME SIGN STANDS (55054150) $5200 Centerline Supply ?nC
3 1.000 TRAFFIC CONES 18" PVCS (55078100) $350 Centerline Supply Inc
4 500 TRAFFIC CONES 28" PVCTL (55078150) $838 Centerline Supply Inc
5 10 ALUM SIGN BLF.NKS DIAMOND 30"(57058220) $1060 5,9 is d Blanks Inc
10 OCTAGON 30"(57058180) $9 e7 Signs 8 Blanks Inc
10 PENTAGON 36"(57058240) S1527 Signs 8 Blanks Inc
10 SQUARE 30" (57058420) $1060 Signs d Blanks Inc
VERTICAL 12"X9"(57058000) $1 27 Signs 8 Blanks Inc.
50 VERTICAL 12"X18"(57058385) $2 54 Signs d Blanks Inc.
10 VERTICAL 12"X36"(57058360) $509 Signs 3 Blanks Inc,
30 VERTICAL 18"X 24"(57058300) $509 Signs d Blanks Inc.
VERTICAL 18"X48"(57058310) 51018 Signs 8 Blanks Inc
VERTICAL 18" X 72" $1527 Signs 8 Blanks Inc
20 HORIZONTAL 24"X18"(57058400) $509 Signs & Blanks lnc
50 VERTICAL 24"X30"(57058320) $8.48 Signs 8 Blanks Inc
10 VERTICAL 24"X48"(57058020) $13 57 Signs 8 Blanks Inc
HORIZONTAL 12"X 6"(57058384) $085 Signs 8 Blanks Inc
10 HORIZONTAL 36"X12"(57058449) $509 Signs 8 Blanks Inc
10 EXTRUDED 6"X24"(57058260) $322 Signs 8 Blanks Inc.
2U EXTRUDED 6"X30"(57058040) S4 02 Signs 8 Blanks Inc
20 EXTRUDED 6" X 36"(57058060) $4 83 Signs 8 Blanks Inc
10 EXTRUDED 6" X 42"(57058280) 55.63 Signs 8 Blanks Inc.
6 2 REFL SIGN SHEETING P.S. BLACK 30"55048200) $322 50 3M
2 SIGN SHEETING P S WHITE 30" 155048210) $505.88 3M
2 SIGN SHEETING P S ORANGE 30" $29625 3M
2 SIGN SHEEI ING P.S BLUE 30" $50588 3M
2 SIGN SHEETING P.S. GREEN 30" $296 25 3M
2 SIGN SHEETING P.S YELLOW 30" $29625 3M
2 SIGN SHEETING P S. RED 30" $29625 3M
2 SIGN SHEETING P.S. WHITE 12" (55048212) $118,50 3M
2 SIGN SHEETING P.S. WHITE 18" (55048218) $177,75 3M
2 SIGN SHEETING P S BLACK 6" (55049015) $54 54 3M
3 SIGN SHEETING P S WHITE 316" (55048140) $3.70 3M
5 SIGN SHEETING P S WHITE 51"(55048160) $6.17 3M
5 SIGN SHEETING P.S WHITE 6' (55046040) $5925 3M
6 SIGN SHEETING HEAT GREEN 6" (55048000) $5925 3M
2 SIGN SHEETING HEAT WHIIE 18" $177,75 3M
2 SIGN FACE P S BLACK 30" (55048200) $272 70 3M
2 SIGN FACE P S WHITE 30" (55048210) $296 25 3M
2 SIGN FACE P S WHITE 12" (55048212) $11850 3M
2 SIGN FACE P S WHITE 18" (55048218) $177 75 3M
3 SIGN FACE P S BLACK 318" (55048125) $369 3M
Q 10 SIGN FACE P S BLACK 51"(55048130) $594 3M I O
2 SIGN FACE P S BLACK 6'(55048015) $54.54 3M
3 SIGN FACE P S, WHITE 3l8" (55048140) $3.70 3M
5 SIGN FACE P S WHITE 518" (55048160) $6,17 3M
5 SIGN FACE P S WHITE 6" (55048(040) $5921 3M
2 SIGN FACE HEAT W, IITE 18" $177.75 3M
6 SIGN FACE HEAT GREEN 6 "(55046000) $5925 3M
3
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BID 0 2042 "Exhibit A"
BID NAME TRAFFIC SIGNS & SUPPLIES
OPEN DATE APRIL 22, 1997
(PAGE 2 OF 3)
# OTY OESCRIPTiON UNIT PRICE VENDOR
7, SIGN FACES
15 30"X30" STOP *R1-1 $7.28 Roadrunner Traffic Supply, Inc,
15 24"X30" 30 M PH. $5.83 Roadrunner Traffic Supply, Inc.
15 30"X30" CROSSWALK $7,28 Roadrunner Traffic Supply, Inc
15 31 CROSSWALK ADVANCE $7.28 RoadrunnI Traffic Supply, Inc
15 18"X24" NO PARKING $350 Roadrunner Traffic Supply, Inc
15 30"X3D" 2 LANE ARROWS ONLY RT $728 Roadrunner Traffic Supply, Inc.
15 30"X30" 2 LANE ARROWS ONLY LT $728 Roadrunner Traffic Supply, Inc
15 30"X30" SIGNAL ADVANCE $10.34 Roadrunner Traffic Supply, Inc.
15 30"X30" STOP ADVANCE $11.12 Roadrunner Traffic Supply, Inc
15 18"X 24" CHEVRON $3 50 Roadrunner Traffic Supply, Inc.
15 e4"X 48" SCHOOL ZONE $924 Roadrunner Traffic Supply, Inc
15 30" X 30" CURVE ARROWS LT S728 Roadrunner Traffic Supply, Inc
15 3130" CURVE ARROWS RT $1.28 Roadrunner Traffic Supply, Inc
5 24"X3D" BLANK KEEP RT WHSLAND $599 Roadrunner Traffic Supply. Inc
5 12"X38" BRIDGE PANELS LT $3.50 Roadrunner Traffic Supply, Inc.
5 12"X38" BRIDGE PANELS FIT $3,50 Roadrunner Traffic Supply, Inc
a 2 BARRICADE TAPE $8555 Lectric Lites Co. Inc.
9. 50 CAP, SIGN POST (55045105) $382 signs & Blanks Inc
10 200 CROSS, SIGN POST (55054100) $3.5D Signs S Blanks Inc.
11 10 CANTILEVER BRACKET $435 Signs d Blanks Inc.
12 10 COM77 OVERHEAD SIGN MTG. BRACKET $1823 Roadrunner Traffic Supply, Inc.
13 10 SINGLE STEAL PROOF CLAMP $1.75 Signs & Blanks Inc
14 to CHEVRON ADJUSTABLE BRACKET $1.10 Roadrunner Traffic Supply, inc.
15 5 SIGN BRACKETS: STRAIGHT LEG $76.15c 'Roadrunner Traffic Supply. Inc
16 10 WING SEALS: STAINLESS STEEL $1820 Roadrunner Traffic Supply, Inc.
17 120 FLARE, HWY (55020000) $1.70 Lone Star Safety S Supply
18 1 STRAPPING TOOL $16025 Roadrunner Traffic Supply, Inc
19 10 TEMP, PAVEMENT MARKING TAPE $48.00 Lectric Lites Co Inc
20 3 ORANGE FLAGGING TAPE $69.40112 Roadrunner rraffic Supply, Inc
21 115 SAFETY VESTS (34592000) 54.75 Roadrunner Traffic Supply, Inc.
22 175 SAFETY FLAGS 18"Xt 8" (35060200) $1.47 Lone Star Safety 8 Supply
23 2 SAFETY REFLECTIVE TRIANGLE KIT $1336 Lone Star Safety d Supply
24 POSTS
10 12'X 065X 2 318" ROUND (55054050) $1250 Roadrunner Traffic Supply, Inc
330 10'X 065X2 31" ROUND (55054000) $970 Roadrunner Traffic Supply, Inc.
22 6'U-CHANNEL 28 PER FT GREEN (`4072000) $827 Roadrunner Traffic Supply, Inc
25 15 PAINTING STENCILS $5000 Centerline Supply Inc
26 1 HEAVY DUTY DIAPHRAGM $574.10 Roadrunner Traffic Supply, Inc
27 20 LOOP SEALANT 3-M (550892000) $11500 Traffic Parts. Inc
28 26 CABLE SEALANT 3-M 5115.00 Traffic Parts. Inc.
29, 20 CARSONITE ROADMARKERS (55041000) $1300 Centerline Supply Inc
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BID tt 2042 "Exhibit A"
BID NAME TRAFFIC SIGNS i3 SUPPLIES
OPEN DATE APRIL 22. 1997
(PAGE 3 OF 3)
A OTY OESCRIPT,W UNIT PRICE VENDOR
30, 5 BLACK VINY.3-M $16875 3M
31 REFLECTIVE SHEETING
2 15"X10 YDS OR 30"X 10 YDS $6218 3M
2 15"X50 YDS OR 30"X 50 YOS $284.85 3M
33 BORDER TAPE
5 BLACK PIS VINYL 318' (55048125) $3.69 3M
5 BLACK PIS VINYL 518' (55048130) $5.94 3M
5 RED P/S ENG. GRADE REFLECTIVE 318" $3.70 3M
5 RED P/S ENG GRADE REFLECTIVE 518" $6.17 3M
2 WHITE PIS ENG, GRADE REFLECTIVE 318" $3.70 3M
3 WHITE PIS ENG GRADE REFLECTIVE 518" $6,17 3M
2 GREEN PIS ENG GRADE REFLECTIVE 318" $3.70 3M
3 GREEN PIS ENG GRADE REFLECTIVE 518" $6,17 3M
34 ADHESIVE, LANE MARKER
5 WHITE PFSIN 5 GAL PAILS ONLY (31510001) $97.50 Cenler:Ine Supply Inc
5 BLACK HARDENER 5 GAL PAILS ONLY (31510002) $9750 Cer iine Supply Inc
35 S,F--RAMIC HIGHWAY MARKERS
2,000 P-15 ONE WAY REFLECTIVE $2,75 Roadru^ .er Traffic Supply, Inc
4.000 P•117 TWO WAY REFLECTIVE $3.30 Roadrunner Traffic Supply, Inc
2.000 PLAIN WHITE 4" $040 Roadrunner Traffic Supply, Inc
2,000 PLAIN YELLOW 4" $140_ Roadrunner Traffic Supply, Inc
500 JIGGLE BAR 6" WHITE OR YELLOW $4.49 Roadrunner Traffic Supply, Inc.
36 HIGHWAY MARKERS
S00 4" TRAF. BUTTONS WT OR YEL NON•REFL. $063 Roadrunner Traffic Supply, Inc.
500 4" TRAF. BUTTONS WT OR YEL REFL ONE WAY $0.70 'Roadrunner Traffic Supply, Inc
500 4" TRAF. BUTTONS WT OR YEL REFL TWO WAY $0.77 Roadrunner Traffic Supply, Inc.
37, JIGGLE BAR
200 WHITE OR YELLOW NON-REFLECTIVE $400 Roadrunner Traffic Supply, Inc
200 WHITE OR YELLOW ONE WAY REFLECTIVE $450 Roadrunner Traffic Supply, Inc.
200 WHITE OR YELLOW TWO WAY REFLECTIVE $475 Roadrunner Traffic Supply, Inc
38 HEAT FUSED PAVE11,1I MARKINGS
50 4"X30' 090 THICKNESS WT OR YELL $2190 Flint Trading. Inc.
25 12"X30' 090 THICKNESS WHITE $66.00 Flint Trading, inc.
25 18" X 30' 090 THICKNESS WHITE $99.00 Fli,it Trading, Inc
25 24"X30' 090 THICKNESS WHITE $129.60 Flint Trading, Inc.
50 9 112' STRAIGHT ARROW 090 THICKNESS 1VHITE $57.00 Flirt Trading, Inc
50 CURVED ARROW LT .090 THICKNESS WHITE $65.00 Flint Trading, Inc
• 50 V CURVED ARROW RT 090 THICKNESS WHITE $65,00 Flint Trading, Inc
50 12.75' COMBINATION ARROW LT $11600 Flint Trading, Inc,
10 HANDICAP 2 COLOR SO 42" WHITE $6800 Flint Trading, Inc.
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DATE: NiA1' 20. 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID 0 2042 - TRAFFIC SIGNS & SUPPLIES
RECONLNIENDATION: We recommend this bid be awarded to the low bidder for each item as
shover on "Exhibit A" for an estirr.ated annual expenditure of S90.000.00.
SU11II1LARY: T'ris bid is for an annual price agreement for the purchase of traffic signs and
supplies to be used by the traffic sign shop and for barricades used by City of Denton field sen ice
crews. All materials are Texas Highway Department approved. These traffic signs and supplies will
be purchased on an as needed basis and inventoried in the warehouse. This price agreement may be
extended in one year periods if all pricing. terms and conditions remain the same and both parties
agree.
Twrixe bid proposals were received in r(sponse to sixteen bid packages mailed to prospective
vendors.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Warehouse working capital.
Traffic Department, City of Denton Field Sen'ice Divisions. Citizens of Denton.
FISCAL IMPACT: Budgeted funds for Warehouse working capital 710043-0582 and various
City of Denton departments.
Attachment: Tabulation Sheet
Respectfully submitted:
k J\~N
Kath ,I)0 e
Executive Director of Finance
• Prepared by:
Name: Denise Harpool
Iitle: Senior Buyer
• A proved: O O
r
Name: Tom D. Shaw. C.P.M.
Title: Purchasing A cnt
873.ASENCA
b
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H
[1101 2042 SIGNSA CONSOIti, LECTRIC CENTER. JM NIPPON P85 LONE SAVOY FLINT TRAFFIC Aply U9KSK
U1D 1,1 VE TRAFFIC SIGNSS SUP0.ES BUNKS DATED UTFS LINE CARBIDE INC STAR HIGHWAY TRADING, PARTS. IKAnc
OPI N DATE APPIL 221111 LINO TRAFFIC CO INC SUPPLY INC INC SAFETYL SUPPLIES INC INC !Rj r,
IF AGE I OF J) CONTROLS INC SUPPLY 910
OTY DESCRIPTION I VENDOR VENDOR i VENDOR VENDOR VENDOR I VENDOR VENDOR VENDOR VENDOR tiE NDOR VENDOR f VENDOR
1 36 6 SAYMIORSE BARRICADE 15SO78MO) NO So NO 810 $4700 gas 00 NO BID NO BID V,0 IS NO BID NO EID NO BID NO BID 31700
2 50 AF 30 PY RAFA AME SIGN S7 A NOS 155051150) NO BID NO BID S5780 652 DO NO BID NO BID NO BID NO BID NO BID NO BID NO
BID $5400
3 IIm TRAINCCONES11 PVCS(550761001 FLOOD NO Bic) S39S 5350 NO BID NO BID 3514 3369 NO BID NOBID NO BID $375
1 SW TRAFFIC CONES 20'PVCTL 155015t50) NOBC, NO E1D 582D $636 NO BID NO 810 USIT $470 NO BID NO BIDI NO BIT) $605
5 10 ALUM SIGN BLANKS DIAMOND 30'1510562201 51050 NO BID 612 87 110 62 NO BID NO BID NO 616 NO BID NO BID NO BID NO DID
$1120 t
10 OC7AG04 W010551601 5997 NO BID 51203 5976 AIDED NOBID NO BID NO BID NOBID NOBID No 81D 11032 i
10 PENTAGON 36't57058240) $1527 NO 010 $1153 5178 NO BID AIDED NO BID NO BID NO BID NO BID NO BID 11451 it
10 SOIARE 30' 1570564201 $1060 NO 010 $1217 31012 NO BID NO 810 NO 910 NO BID 40010 NO BID NO BID SIT 41,
VERTICAL 173.9'OS70560001 1. $127 NO BID NO OIL) NO Bit) F10016 NO BID NO BID NO BID NO BID NO BID NO BID NO BID
50 VERTICAL 12 Aq'1' 71)513951 $254 NO BID 1 $309 $260 NO SID NO SID NO &D NO BID NO BID NO BID NO BID $305
NO& NO BID NO 1316 NO BID NO 910 NO BID $5 T0, ,
10 VERTICAL 12X361 5 70 59 160) 1509 NO BID 3619 5519 NO BID I
30 VERTICAL 16'A 21-0570583001 $509 NO BID $619 6519 NO BID NO BID NO BID NO 816 NO BID NO 8+1) NO BID 3570
VE R 7OCAL 16A16'157058310) 31011 NO BID NO BID $1599 NO BID NO BID NO BID NO BIDI NO BID NO BID NO B10 1 1 NO BID
r
VEFTIUl 11-9 IT 615 27 NO BID NO BID $2295 NO BID NO BID NO BID NO BID NO BI0 NO BIDI NO BID NO BID
20 HORIZONTAL 21'918'157056400) $5 D9 NO 4210 $6 19 $5 19 NO BID NO BID NO SID NO BID 740 81D NO BID NO BID SS 70.
50 VERTICAL 29930 157054320) $448, NO BID 61032 $669 NO BID NO BID NO BID NO BID NO BID NO BID NO SID $94
10 VERTICAL 24946-(57058070) 31351 NO 010 31652 $1314 NO BID NO BID NO 810 NO BIDI NO BID NO BID NO BID II/60
HORIZONTAL 179 6'157058300) 3085 W) BID NO BID $110 NO BID NO BID NO BID NO $10 NO BID NO BID NO BID AIDED
10 HORIZONTAL 369 1 11170584401 $509 NO 810 $819 95 19 NO BID NO BID NO BIDI NO BID NO BIDI NO 910 NO BID IS 701
10 EA TRUDED I'A24157058260) 3J 7: NO BID $426 1330 NO BID NO BID NO SID NO BID NO BID NO SID NO BID 83221
20 EATRUCE05"A 30-157D58040) 6402 NOBID $535 4112 NO 016 NO BID NO 016 NO 816 NO BID NO BID NO BID $404
20 EXTRUDED 6- A 36'(57056060) 5493 NO BID 5641 $495 NO BID NO BID NO BIDI NO BID NO BID NO BID NO 810 3464
10 EKT9UOED6'A 421570582801 $593 NO 010 3119 $171 NO BIO NOB10 NO 810 NO BID AIDED NO BID NO BID 1569
6 2 REFI SIGN SHEEHNGPS SLACK3D'(55046401 1373 DO NO BID 3139740 1141700 $32250 NO BID, NO 810 NO BID NO BID, NI D NO BID 640300
2 SIGN SHFE71NG A S WHITE 30-(55048210) $63300 NO BID $75960 171366 150566 $60000 NO BID NO BIU NO BID NO 5+0, NO BID, $49000.
7 SIGN SFIEE71NG P 5 ORANGE 30' 6343 13 NO 910 $$76 12 $46900 $29625 1318 751 NO BID NO BID NO BID NO BID NO BID $366 25
2 SIGN SHE ETING P 5 BLUE 30- $533 DO NO BID 175960 $173 64 3505 85 160000 NO BID, NO BID NO RID, NO BID NO BID 3496 00,
2 SIGN SHEETING P S GREEN 3(f $343 If NO BID $77612 $469 DO $296 25 $3117S1 NO BID NO BID NO BID NO 8+0 NO BID 336625
• 2 SIGNSHEETINGPS J'ELLOV130' 834313 NO BIG 137612 3469001 $29825 1315751 NO BID NO 011) NO BID NO BID NO BID $36625
2 SIGN SHEETING P S RED IT 9303 13 NO BID $37112 $46000 32% 25 $311751 NO BID NO BID NO 4216 NO BID NO BID 8386 25
2 SIGNSHEETINGPS WHITE IT(5 5018 2 121 $13775 NO BID 515015 $17900 6113 SO $12750 NO BID NO 016 NO BID NO 016 NO BID 116750
IT SIGN SHEETING P S MITE 11'1550482 tq 120568 NO BID $27567, 126730 317775 119125 140516 NO BID NO BID NOOd NO BID 123175 3
2 SIGNSHEETIIII BLACK 6' 1550400151 $6060 NO S+D NO 810 39RW 55154 YO BID NO BID NO BID NO SIT) NG BID NO S+D SIS00'
3 SIGN SHEETING P S MITE 3'3'i55016uD1 5720 NO BID' $322 NO BIG 63 701 1398 NO BOD NO BID NO BID, NO BID NO 8161 $721
5 SIGN SHE E LING PS Will TE 52'(SA19160) 1 $t24S1 NO01D 11711 NO BID $611 SI NO BID, NO BID NO 010 NO SID NO DID $11541
5 SIGN SHE E 7040 P S WHITE S'155048040) $58831 NO BID 1 175 22 $91 00 359 2S $6375, NO BID NO BID NO BID NO BID NO BID $65
DO
0 6 SIGN $MEETINGHEAT GREEN O(55041000) $6363NOBIC It2666 $9100 35925 66775NO 816 NO BID NO 010 NO BID ON, BID 365DD~
2 SIGN SHEETING HEAT WHITE Rd' 120586 NO BIDI 537014 116200 $17175 $19125 NO BID NO BID NO BID NO 010 NLI'.'O 323673
2 SIGN FACE P S BUCK 30- 15.5418200) 5303 DO NO BID NO BID 641S 50 $272 70 NO 810 NO BID NO BID NO BID N7 BID NO L10 135350
2 SIGN FACE P S WHITE 30' 15504042:0) $34313 NO SID NO 110 $44550 3296 75 NO BID NO BID NO BID NO BID NO BID NO SID 1366 25,
2 SIGN FACE P S WHITE 12-155049212) $13125 NO BID NO BID $17120 $111501 NO BID NOB16 NO BID NO BID NO BID NO BID $16750
2' S ION F ACE P S WHITE ID'155NIII Sm IJ NO 910 NO BID 321730 $171 i5 NO BID NO BID NO 516 NO DID NO BID NO 010 $231151
3 SIGN FACE P 5 BLACK 31b' (55041125) 64 64 40 BID NO BID NO BID $3691 NO BID NO BIDI NO 010 NO BID NO SID, NO BID 13 750
10 SIGN FACE PS BUCK SY'; 55018130) $463 NO 0101 NO BIDI NO BID 55911 NO BID NO BIDI NO BID NO 816 NO BID NO BID 1912
IF SIGN FACE P S BLACK V 1550480151 360301 NOS10I NO 810 $9100 35454 NO BID NO DID NO 1316 NO BID NO BID NO Sid 37500
3 SIGN FACE P 5 WIT TE 3.t' I55N 91407 $720 No S.D0 IA)SID NO BID 63 701 NO Bid NO SID NO 510 NO 610, NO B10, NO BID $1261
5 SIGN FA. CE P S WHITE 91"(55041160) $1245 NO BOO NO BID NO :11) $617 NO BIDI NO BID NO 010 NO SID, NO BID NO BID 11254
5 SOON FACE P 5 MI TE 6' IS504NA01 663 63 NO BID NO SID 691 DD 350 25 NO BID NC BID NO 016 NO BID NO BID NO BID an 00
7 SIGN FACE HEA I WIT TE 18' 820568 NO BID NO BID $26730 111715 NO 016 NOBID NO BIU, NO BID NO 016 NOBID 323115
6 SIGN F ACE HEAT GREEN6'(SSNS0001 WSJ LOU B+D NO BID $9100 15925 NOBIO NO 010 NO BID NO BID NO SID NO 910 $85 DO
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1 61D NAME SRAIFIC SIGNS 6 SUPPLIES SAKI CONSOLI- LECTRIC CENTER- I 3M NIPPON 1 PSS LONE SAVOY FLINt TRAFFIC ROA6
CPLN DATE APRIL 22 1997 DATED LITES LINE I CARBIDE STAR PARTS RUNNER
(PAGE 2OF 3)
IT CITY DESCRIPTION VENDOR VENDOR i VENDOR VENDOR I VENDOR VENDOR ;VENDORI VENDOR VENDOR I VENDOX VENDOR 11 VENDOR
7 SIGN FACES
15 30'X30'STOP /RI-1 61209 NO BID, 1900 1750' 11202' NO IS N08JD NOBID NO BID.I NOSIO NO BID 1721
t 5 24'A30' 30 LOP H 19 77 NO BID 6 7 1 1 1 1600, 99 38 NO BID NO BID NO BID NO BIDI NO BID NO BID $583,
15 30'A 3D'CROSSW'ALK II NOBID $929 3750 11112 NO BID NO BID NO BID NO BID NO BID NO BID 6120
15 30-X30' CROSSAAL K ADVANCE $1109 NO BID $929 5750 $1182 NO BID NO BID NO BID NO BID NO BID NO BID $728
15 III-X24' NO PARKING 6642 NO BID, 6414 $380 1593 NO BID NO BID NO BID NOBID NO SIDI NO BID 9350
15 20'X30'2 LANE ARROWS ONLY PT 31109 NO BID 6929 !7$01 11112 NO BID NO BID NO BID NO BIDI NO BID NO BID 9201
IS 30'X30' 2 LANE ARROWS ONLY LT $4109' NO BID 1919 515011 !1182 NO BID NO BID NO BID NO BID NO BID, NO BID 1710
I5 30 X30' SIGNAL ADVANCE 61015' NO BID 1979 1825' 11760 NO BI DI NO BID NO BID NO 131D NO BID NO BID 110341
I S 30'X10' STOP ADVANCE lists NO BID 69 29, 6815 f 17 601 NO BID NO BID. NO 21 NO BID NO BID NO BID 111 12' y1
BI NO BID 83 SO
1 S IS' X 24' CHEVRON $642 NO BID $4 841 1360 IS 13 ' NO BID NO &D No BID NO 01 NO D
IS 24'X 46' SCHOOL ZONE $11 20 NO BID 61366 $1056' $14 76 NO BID NO BID NO BIO NO BID NO Mai NO BID 10 241
I S 30' X 30' CURVE ARROWS IT 112 09 NO BID 69 29 67 501 $1192 NO SIDI NO BID NO BID NO BID NO BID. NO BID 67 28
IS 30'X10' CURVE ARROWS ITT 11300 NOBID 69291 17501 11111 NOSID NO BID N061D NOBID NO BID NO BID 1726
6 00 19 33 NO BID NO BID NO BID NO BID NO BID NO BID $590
5 24'X30' BLANK KEEP FIT WIISLAND 59 77 NO BID 67 61' $600'
S 1ZA36' BRIDGE PANELS LT 56 42 NO BID 35011 $4 001 6593 NO BID NO BID NO BID N0816 NO BID NO BID $3 50
5 12'X36' BRIDGE PANELS ITT 16421 NO 510 $507 8400, 1593 NO BID NO BID NO BAD NO BIDI NOBID NO BID 5350
p 2 BARRICADE TAPE !97101 NO BID 19555 611500 526108 NO BID NO BID, NO 0161 NO 81D NO BID NO BID 1258001
m 9 50 CAP, SIGN POST 15504 51031 $3 82 ~ NO BID $4 50 84 401 NO BID NO BID NO &DI NO BID NO BID NO BID NO 610 $4 N 1
IT 190 CROSS, SIGNPOST155054*01 $350 NO BID $450! 6100 NO BID NO BID NOBIDI NOBID NO Bid No BID No BID $4 20,
11 10 CANTILEVER BRACKET $435 NOBID 31440 65001 NO BID N081D NOME) NO BID NO BID NO 910 NO&D 132111
12 10 COMIF OVERHEAD SIGN MTG BRACKET 12425 NO BID 65120 $2400 NO BID NOSIDNO BID NO BID NO 811) NO BID NO BID 61023
Is 10 SINGLE STEAL PROOF CLAMP 6175 NO BID 61300 NO BID NO SIT) NO BID NO BID NO B1D1 NO BID NO BID NO BID 5750
14 10 CHEVRON ADJUSTABLE BRACKET $2595 NORD NO BID 62050 NO BID NO BID NO BID NO BID IK)BID NO BID NO BIDI (11011
IS 5 SIGN BRACKETS STRAIGHTLEG NO BID NO BID NO BID 113500 NO B10 NO 916 NO BID.' NO BID NOBID NO BID NO BID $76150
16 10 WI),! SEALS 5TAINLESS STEEL NO BID NO BID NO BIO !3817 N0816 NO BID NO BID NO BID NO BID NO BID NO BID 11620
11 110 FLARE. HWY 155020000) NO BID NO BID 1354 NO &D NO AD NO BID NO BID 11 701 NO BID NO BID NO BID !2 50
Is I STRAPPING TOOL NOSID NO BID NO BID, 1299 DO NO BID NO BID NO&D, NO 81D NO BID NO BID NO 810 316025
19 10 TEMP PAVEMENT MARKING TAPE NO BID NO&D %4600 36950 55200 NO BID 311986 NO BID NO AID, NO BID NO BID 56400
20 3 ORANGE FLAGGING TAPE NO BID NO BID $1200 NO BID NO BID NO BID NO BIDI NO BID NO BIDI NO BID NO BID 157033
21 115 SAFETY VESTS(345110001 NO 515 NO BID 5619 3729 NO BAD NO BID 3521 1642! NOBIO NO BID NO BID $475 1
22 175 SAFETY FLAGS I'X10' I3S0602D01 NO BID NO BID 6190 6110 NO BID NO BID 12$4 1147. NO BID NO BID NO BID 1210
2) 2 SAFETY REFLECTIVE TRIANGLE KIT NO BID NO BID 12000' 1515' NOBID NO BID $1679 113351 Noma NO BID NO BID 328 DDS
y POSTS
1 0 1 2 A D65X 2 3'8" ROUND (55054050) NO BID, NO BID 11572 614 951 NO BID NO BIG 515211 NO BID NO BID NO BID NO HID 112
50
0 310 10 X 065X238' P OUNO IS 5054XOJ NO BID NO BID 11320 $10321 NO BID NO BID 611961 NO BID NO BID NO BID NO BID $9701 ~z
NO BID 11,10 61D1 NO BA $4 21 I0 •
22 6' U-CHANNEL 21 PER FT GREEN (510720001 NO BID NO BID 614 40 $4 75 NO BID NO BID 51161 NO :I OD
15 15 PAINTING 57ENCILS NO BID NO BID NO B10 65000; NO BID NO BID NO BID NO BID NO BID NO BID NO B1D $54 00-
26 1 HEAVY DUTY DIAPHRAGM NO BID NO BID NO BID NO BID $817 40, NO BId NO BIDI NO Bid NO BID NC bID NO BID 1574 70
J 27 20, LOOP SEALANT IM 15500IIZIM1 NO BID IN/ O0I NO BID NO BID, NO BID NO BID NO BID N091D NO 11 Dj NJ) BID 311500
1154 DO
21 10 CABLE SEALANT S-M NO BID $37000 NO B1D NO BID NO BID NO 81D NOMD NO BID NOBI IA BID 311500 $45000
29 20 CARSONITE ROADMARKE RS(5 504 1 0001 NO BID NO 010 NO BID 11300 NO BID NOBID. 61885, NO BID NO 610 NO BIO NO DID $1370,
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HID NAME TRAFFIC SIGNS 1 SUPPLIES SABI CONSDLI- LECTFTC CENTER. 0M NIPPON FEE LONE SAVOY FLINT TRAFFIC ROAD.
OPt N DALE APRIL 22. 1997 DATED LITEi LINE CARB''DE STAR PARTS RUNNER
1
(PAGE 3OF 3),
0 OTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR j VENDOR I VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
30 5 BLACK VINYL 3M NO BID NO BID NO BID NORIO 61"1v»251 $09164 NO BID NOSID NO BID NO&O NO 51012W III
311- REFLECTIVE SHEETING 15'- I
2 15-K10YOSOR 30-X!OYD5 NO BID NO BID 315/16 NORIO 4d27512555 NO B10 NO BID NO BID NO &D NO BID NO BID SM 261190
2 15950 YDS OR 30 K SO YDS NO BID ND BID 3:19 $4 NO BID 129411569 70 {3003500 NO BID NO BID 110 BID NO BID NO BID ILIA atYlEaa
33 BORDER TAPE 11
5 BLACK P,5VINYL 31' 1550411125) NO BID NO BID NO BID NO BID 33691 1211' NO BID NO BID NO 816 NO BID NO BID 3516
5 BUCK PI5 VINYL 5+6'155046730) NO BID NO BID NO BAD NO B+D 35911 94691 N06D NO BID NO &0 NO BID NO BID 3656
5 RED PIS ENG GRADE REFLECTIVE 3'1' NO BID NO BID NO BID Ill 3370 $396' NORIO NORIO NO &O NO BID NO BID $756
5 RED VS ENG GRADE REFLECTIVE LB' NO BID NOBID NO bID NO BID {617 $6641 NO BID NO 810 NO BID NORIO NO BID 113 Do
2 WHITE PIS ENG GRADE REFLECTIVE 111' 4081D NO BID NOSID NO BID 33701 1395 NO BID NO BID NO BID NO BID NO BID 3756
3 WHITE PIS ENG GRADE REFLECTIVE S+tI' NO BID NOBID NO BID NO BID 16171 $6941 NO BID NO &D NO BID NO BID NO B10 31306
2 GREEN PIS ENG GRADE REFLECTIVE 3'1' NO 810 NO BID NO BID NO BID $7 70 U 911 NO BID, NO BID NO BID NO BIO NO BID $7 56
3 GREEN PIS LNG GRADE REFLECTIVE YI' NO &D NO BID NO BID NO R IO {617 $664 NO BID NO BIDI NO &0 NO BID NO RIO Su 06
34-- ADHESIVE. LANE MARKER J
5 WHITE RESIN 5 GAL PAILS ONLY 131510001) NOSID NO BID $10325 {9750 NOSID NO BID NO BID NO BID 110000 NO BID NO BID 313000
5 BUCK HARDENER 5 GAL PAILS ONLY [31510002) NO BID NO BID {10325 $9150'
91 50 NO BID NO BID, III NO B+D 9100 DOS NO BID NO BID $13000
3 - CERAMIC HIGHWAY MARKERS '
2000 P- 15 ONE WAY REFLECTIVE NO BID NO BID. 3311 $271' NOBID NO BID NO BID NO BIp NO 13I0 NO BID I 140 BID $273
,a 4 w0 P I I7 TWO WAY REFLEC FIVE NO BID NO BID 3319 U 61 NO BID NO BID NO &D NO BID NO &D NO BID NO BID 13 30
2000 PLAIN WHITE 4' NO BID NO BID 3053 3050 NO &D NO BID' NO BID NO BID 30451 NO BID NOBID 1040
2000 PLAIN YELLOl NO BID No 810 3056 1050 NO BID NO BID NO BID NO BID 9046 NO BID NOSID {040.
50u JIGGLE BAR S' Al OR YELLOW NO BID NO SO 34 72 64 50 NO BID NO &D NO BID NO BID S4 50 NO Il NO BID 94 49
]e - HIGH9VAY MARKERS
5 )0 4' TRAF BUTTONS WT OR YEL NON REFL NO &D NO BID 30 61 IO SOI NO BID NO SIC) NO BIDr NO BID NO &0 NO BID NO BID $063
$00 4'TRAF BUTTONS WT CR YEL PEFL ONEWAY NO BID NOSID 1206 1092 {1395 NO BID NO BID NO BID {012'! NO BID NO BID 3070
500 4-7RAF BUT TONS WT OR YEL REFL TWO WAY NO BID NO BID $230 30941 115121 NO BID NO BID NO BID 1097 NO BID NO BID 3071
31 - - JIGGLE BM
• 700 W1(rtE OR rEU09Y NON REFLECTIVE NO BID NO BID 341 11 $4 501 NO BID NO B101 NO BID NO &D {I SOI NO &D NO BID 34 30'
2p0 WHITE OR YELIOWONE WAY REFLECTIVE N061D NO BID 5590 1500 NO BID NO BID NO DID NO BID $79S~ NO BID NO BID $450
200 WHITE OR YELLOW TWO WAY REFLECTIVE NO 816 NO BID 3649, IS S01 NO 86 NO BID NO BID NO 050 $125, NO BID NO BID 3475
3a HEAT FUSEE) PAVEMENT MARKINGS !
50 4"ll 090 THICKNESS WT OR YELL NO BID NO BrD $2652 927 60 NO BID NO BID NO &D NO BID NO BID 321 90, NO &D1 021150 ;
25, 12'9)0 OWNICKNESSIll NO BID NO BID 662254 16100 NO BID NO BID NO BIDI NO BID NO BID {6600: NOSID 36550
2S 11x130 090THICKNESS WHITE NO BID NO LIT) 112D 76, 1122661 YO BID NO BID NO BID NO BID NO BID 199001 NORIO 1 312540
75 24'A 30 090 THICKNESS WHITE NO B:D NO BID 315750. 616250 NO BID NO BID NO&D NO BID NO BID 112960' NO BID 116500
50 9112 STRAIGHT ARROW 090 THICKNESS WHITE NO BID NO BID 13500 I1051' NO BID NO BID NO BID NO BID NO BID 357001 NO BID
!75001 S
® 50 S' CURVED ARROW LT 090 THICKNESS WHI TE I NO BID NOBID $111125 $5122 NO BID NO BID NO BID NOSID NO BID {6500 NO OIOI
16600
SO S' CURVEDARROWRT ON THICKNESSWHITE NO BID NORIO 31125 {111221 NO BID NO BID NO BID NO BIO NO BID 3650011 NO BID 36600
50 12 75 COMBINATION ARROW LT 1 NO BID NO BID $125 00 3142 DOI NO BID NO BID NO BID NO BIDr NO 810 $11600 ' NO BTD {156 DO,
to, HANDICAP 2 COLUR 5042'WHITE NO BID NO BID $6500 362451 NO &D NO BID NO 810 NO BID NO BID 16600, NO BID 39010
v ~ 11
DWI l l' "AS days 1425 days 2 day" ask 2040 day/ ! T4tl days 1.10 days 30 days 1130 days 30 days y
spn blinks., {300 inn. i 11
{525 mm
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.
97-099 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF
POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFI-
CATION OF FIRE FIGHTER; REPEALING ALL PRIOR INCONSIS7£NT ORDINANCES
AND RESOLUTIONS TO THE EXTENT OF ANY SUCH CONFLICT; PROVIDING A RE-
PEALER; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on April 1, 1997, the City Council passed Ordinance No. 97-099 to imple-
ment the recommendation of the Firefighters' and Police Officers' Civil Service Commission of
the City of Denton, Texas, upon the recommendation and request of the Director of Civil Set-,,-
ice, Denton Police department and the Denton fire Department, adopting and approving a sched-
ule of Authorized Positions which relates to compensation and classification of police officers
and fire fighters; and
WHEREAS, since the passage of Ordinance No. 97.099, the Police Department has de-
termined that this ordinance needs to be amended to more correctly reflect the tots, number of
Police Department positions and to eliminate one sergeant position and add one lieutenant posi-
tion; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Ordinance No. 97-099 is hereby amended by adopting the schedule
prescribing the number of positions for each classification of police officer and fire fighter in the
City of Denton, attached hereto and incorporated by reference herein as Exhibit A, is hereby ap-
proved.
SECTION II. That Ordinanc,, No, 97.099 and all prior ordinances or resolutions of the
City of Denton, Texas, in conflict heiewith are repealed to the extent of any such conflict.
SECTION Ill. That this ordinance shall become effective immediately upon its passage
• and approval.
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PASSED AND APPROVED this the _ day of , 1997. '
l JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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EXHIBIT A
ORDINANCE NO.
CITY OF DENfON
SCHEDULE OF AUTHORIZED POSITIONS
POLICE DEPARTMENT
The Police Department is authorized 112 positions as follows:
Chief of Police I
Assistant Chief of Police I
Captain 2
Lieutenant 8
Sergeant I 1
Police Officer (and Recruits) 89 {
FIRE DEPARTMENT
The Fire Department is authorized 105 positions as follows:
Fire Chief 1
Deputy Chief I
Battalion Chief 4
Captain 20
Driver 31
Fire Fighter 48
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CITY COUNCIL REPORT
TO: Ted Benavides, City Manager
FROM: Michael W. Jez, Executive Director of Operations
SUBJECT: Reclassification of One (1) Sergeant Position
in the Police Department
RECOMMENDATION: That the City of Denton reclassify one (1) sergeant position in
the Police Department to a lieutenant position for the purpose of effective supervision for
the Fancily Services Unit.
SUMMARY: Over the past year, the Department has been working toward the
formation of a Family Services Unit that would provide a coordinated, comprehensive,
innovative response to the needs of families experiencing social difficulty and effectively
resolve problems related to juvenile delinquency and family violence. However, the
Family Services Unit cannot be actualized to its full potential until sufficient supervision
is provided to achieve the desired coordination of activities among Unit members and
perform the required analysis and evaluation of Unit activities. The reclassification of
one (1) sergeant position to lieutenant will achieve this desired level of supervision.
BACKGROUND: The Unit currently consists of the domestic violence investigator,
child abuse investigator. juvenile investigator, and the juvenile/domestic violence
investigator awarded in a State grant. The licensed social worker provided in Propecto
Arnisrad has also been assigned to the Unit to assist in the referral of victims and families
to social programs and provide innovative intervention strategies in an attempt to more
effectively resolve problems associated with juvenile delinquency and family violence.
The Department plans to assign the DARE Unit to Family Services when sufficient
supervision can be provided to facilitate the flow of communication between detectives
and DARE officers regarding suspected child abuse and at-risk youth.
• The additiun of the juvenile/domestic violence investigator in the State grant assisted the
Department in reducing the recidivism of domestic violence offenders and runaways by
five percent each during the first six months of the grant period. However, the Family
Services Unit cannot be fully actualized until sufficient supervision can be provided to
coordinate and monitor all Unit activities, compile and analyze data, track cases, evaluate
s the Unit's performance, and prepare reports as required. Additionally, without the
desired staffing, the Family Services Unit will be unable to realize its full potential for + 6
assisting members of community in the resolution of problems.
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Reclassification Request
Page 2
f
CurTently, the Criminal Investigations Sergeant supervises the members of the Family
Services Unit and eight other investigators, for a total of thirteen employees. Under this
proposal, the Criminal Investigations Sergeant position would be reclassified to a E
lieutenant and assigned as the Family Services Unit supervisor. The current Criminal
Investigations Lieutenant would assume supervision for all other investigators. Th-
assignment of a lieutenant to head the Unit is preferred due to the high-profile nature of
the position and the required tasks.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The reclassification of
one sergeant position to lieutenant will enable the Department to fully implement the
Family Services Unit. This Unit will enable the Department to provide a pro-active,
creative, and effective comprehensive police response to problems associated with
families experiencing social difficulties throughout the community. These problems
include youth crime; violent, unstable or conflict-oriented families; and the early
identification of children and adolescents at risk of engaging in violent or illegal
behavior. The identification and implementation of the most effective response should
result in an increase in referrals to other community agencies and a reduction in
recidivism, thereby decreasing reliance on the criminaljustice system.
i
FISCAL IMPACT: This reclassification will constitute an increase of approximately
$5,943 per year in salary and benefits. It is estimated that the cost of the remainder of
FY 1997 will be approximately $3,000 and will be available in projected salary savings.
It should be noted that the Department has attempted to fund an additional lieutenant
position through State grants on two occasions, but has been unsuccessful.
fi W Jez
Executive free o Operations
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Atteitda No,,, Q
Agenda Item _
CITY OF DENTON, TEXAS MUMOPAL BUILDING - DENTON, TEXAS 76201 • TEL EPHONE (817) 566.8307
Office of the City Manager
TO: Mayor and Members of the City Council
FROG/: Ted Benavides, City Manager
DATE.: May 20, 1997
SUBJECT: Temporary No Parking Zone for the North Texas State Fair and Rodeo
Backgrpund j
In preparation for this year's North Texas State Fair and Rodeo, staff has drafted an ordinance
that provides for temporary no parking zones on various streets around the fairgrounds.
Adoption of the ordinance shall make the no parking regulations effective each year from the
opening day of the North Texas State Fair and Rodeo until the closing day unless revoked by
the City Council.
In previous years, these no parking zones have been approved by the City Council to minimize
traffic congestion, noise and other nuisances associated with the Fair. These same no parking
zones have been approved by Council each year since about 1993 and as such the Mayor has
requested that they become effective each year from the opening day of the fair until the closing
day until revoked by the City Council. The North Texas State Fair and Rodeo takes place each
year for eleven days during August 15 - 31. The proposed no parking zones include the
following streets:
I
Both sides of Carroll, From Fain to Headlee;
West side of Denison, from University to Sherman;
O Fast side of Denison, from Sherman to Ifeadlee;
West side of Bolivar, from Sherman to Fain;
South side of Ross, from Carroll to Bolivar;
North side of Strata, from Carroll to Mesquite.
I North side of Fain, from Carroll to Bolivar.
I
1
O Additionally, staff has also addressed issues raised during last year's Fair regarding the location O O
and size of the no parking signs and enforcement of the no parking zones. In Attachment 2,
Mike Jez discusses enforcement efforts to be conducted by the Police Department during the
fair. During peak attendance hours throughout the fair, parking enforcement officers will be
'Dedicated to Quality Service"
•
I
dedicated to the areas noted above to take appropriate enforcement action. On Friday and
Saturday evenings traffic and bike patrol officers will monitor the traffic flow in the surrounding
area and patrol units will frequent the area to assist. Staff feels these efforts will help to
maintain order and hopefully minimize traffic congestion and inconvenience to the
neighborhoods.
In past years concerns have been expressed by the neighborhood with regard to the number, size
tnd location of no parking signs during the fair. In response to these concerns, staff has
returned to erect additional signs as well as to move them when warranted. Attachment 3
illustrates the location of the 42 signs (as of the last day of the fair in 1996) and proposes these
same locations for future years.
Finally, staff received feedback that the signs used were too small, As a result larger more
permanent signs were requested. Staff investigated the cost to accommodate the request and
recommends using the same 9"x12" no parking signs from prior years. The cost (including
labor to install and dismantle and all materials) to install 42 temporary no parking signs is
approximately $1,500. Because the 18"x24" no parking signs would need to be installed like
a permanent sign the cost for additional materials, larger sign blanks, labor to install and
dismantle, poles and other hardware would increase the cost by an additional $1,255. Staff feels
the 9"x12" signs which have been used in the past are more appropriate for the temporary no
parking zone and therefore recommend continuing using them.
PROGRAMS. DEPARTMENTS. OR GROUPS AFFECTED
The North Texas State Fair Association, citizens and visitors attending the Fair, and area
residents.
FISCAL IMPACT:
None.
i
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED,
•
Ted Benavides
City Manager
• • fR
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Prepared By:
Veronica S. Rolen c.(u
Administrative Assistant it
Approved By:
ttC~ E~~s
Assistant to the City Manager
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C:\V?DOCS\CU\FAIRPAP.A. CPD
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGULATING PARKING OF
VEHICLES EACH YEAR DURING THE NORTH TEXAS STATE FAIR AND RODEO BY
TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF
CARROLL BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS
INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON STREET
FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION
WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS
INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH HEADLEE
STREET, THE WEST SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH
SHERMAN DRIVE TO ITS INTERSECTION WITH FAIN STREET, THE SOUTH SIDE
OF ROSS STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE
FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION
WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS
INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH
BOLIVAR STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO
HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That from the opening day of the North Texas State
Fair and Rodeo until the closing day, when signs are erected giving
notice thereof, parking shall be prohibited upon the following,
streets or portions thereof, in the City of Denton to-wit:
Both sides of Carroll Boulevard from its intersection with Fain
Street to its intersection with Headlee Street;
The west side of Denison Street from its intersection with
University Drive to its intersection with Sherman Drive;
The east side of Denison Street from its intersection with
Sherman Drive to its intersection with Headlee Street;
• The west side of Bolivar Street from its intersection with
Sherman Drive to its intersection with Fain Street;
J The south side of Ross Street from its intersection with
f Carroll Boulevard to its intersection with Bolivar Street;
I
The north aide of Strata Drive from its intersection with
• Carroll Boulevard to its intersection with Mesquite Street; and
J The north side of Fain Street from its intersection with
Carroll Boulevard to its intersection with Bolivar Street.
SECTION II. That these no parking regulations shall be
effective each year from the opening day of the North Texas State l
Fair and Rodeo until the closing day unless revoked by the City
Council.
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SECTION Il That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court ect the
of competent jurisdiction, of this ordinance, andithe City
1•alidity of the remaining ng portions
council of the city of Denton, Texas, hereby sdeclares uch invat would have
enacted such remaining portions
kgCTION iV. Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the
requirements thereof, or of a imisdemeanor punishabletby asfine
thereunder, shall be guilty of a m
not exceeding Two Hundred Dollars ($200.00). Each such person
shall be deemed guilty of a separate offense for each and every day
or portion thereof during which any violation of this ordinance is
comm
suh iperson shall be u pu,nisand hedpwithinvtheilimits anybovesuch. violations
$FCT OI N V. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
1997
PASSED AND APPROVED this the , day of
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
•
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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BY:
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P9
ED
CITY OF DENTON, TEXAS DEPARTMENT OF POLICE
MEMORANDUM
TO: Veronica Rolen, City Manager's Office
FROM: Chief Michael W. Jez
DATE: February 27, 1997
SUBJECT: Parking Enforcement for North Texas Fair and Rodc%)
Parking enforcement and traffic control in the areas bordering the fairgrounds has been an
issue of concern in recent years for the Police Department and neighborhood residents.
Due to the limitation of parking areas inside the grounds, fair patrons naturally seek
parking places along the adjacent residential streets, resulting in complaints which
include blocked driveways, trespassing, littering, and noise disturbances.
In an effort to reduce the inconvenience to area residents and maintain an orderly and
efficient use of available parking space, the Denton Police Department will deploy
officers in the area to enforce any temporary or permanent City Ordinances and State
Laws.
During peak attendance hours throughout the duration of the fair, a unit of the Parking
Enforcement Section will be assigned to these specific areas to take appropriate
enforcement action. On Friday and Saturday evenings of the event, officers of the Traffic
Section will be instructed to monitor the traffic flow on streets and major arteries in the
surrounding area, and on-duty Bike Patrol officers may also be utilized. Additionally, on-
duty supervisors will advise the district patrol units to frequent the area to assist in
• detection and enforcement of parking violations, disttrbances, and other order-
maintenance issues.
These efforts will hopefully reduce the problems associated with overflow parking and
traffic it the effected neighborhoods near the fairgrounds. If you have questions please
contact Lt. Lee Howell, extension 7947.
•
Michael W. Jez, C i f olice
601 E. HICKORY STREET SUITE E DENTON, TEXAS 76205
DUTY OFFICER (617) $68.8161 FAX (617) 363.7966
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Fair and Rodeo No-Parking Signs
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Agenda No.
Agenda Item
I
I)a'e_
CITY COUNCIL REPORT
TO: Mayor and ? (embers of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: An ordinance of the City of Denton, Texas authorizing the City Manager to execute a
contract between the City of Denton and Three-K Construction, Incorporated,
authorizing the City Manager to execute any and all documents necessary to
consummate the purchase of real property in accordrnce with said contract; authorizing
the expenditure of funds and providing for an effective dale.
RECOMMENDATION:
The Planning & Zoning Corrunission and the Community Development staff recommend approval.
SUMMARY:
Approval of the ordinance authorizes the purchase of Lots I and 2, Block A of the Hill Street Addition.
The lots are located on the east side of Hill Alley, the northeast side of Robertson Street and the north
side of Morse Street. The property is in an SF-7 zoning district.
After acquisition, a home will be built on each lot under the City's Affordable Housing Program.
Funds to purchase the property and construct the homes includes HOME Program and Denton County
Housing Finance Corporation funding. DCHFC funds expended will count as match for the Federal
HOME dollars Denton receives.
After sale of the homes, proceeds will be resumed to the Affordable Housing program account for use
on future projects.
]~'KGROI,J~1p~
The Affordable Housing Program was approved by Ci' council as part of the 1994 Final Statement
• or Cormnunity Development Objectives and Projected Use of Funds and HOME Program
Description. Goals of the program include the revitalization low and moderate income neighborhoods
and the production of affordable housing. Staff also intends to use vacant, abandoned properties
obtained through the foreclosure process for housing construction when they are available.
HOMF. program regulations require a 25 % match from the City of Denton. This project will assist in
meeting the City's match requirement through use of Denton County Housing Finance Corporation
® dollars.
O •
C.'docl-iife'ccrf,puerage Ii
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PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Potential low/moderate income home buyers
Community Development staff
FISCAL IMPACT:
Funds for the acquisition and construction are from the Affordable Housing program account. They
include HOME and Denton County Housing Finance Corporation funding.
Respectfully submitted:
Rick Svehla, Deputy City Manager
Prepared by:
Barbara Ross
Community Development Administrator
Approved by:
David-K. Hill, AICP, ASLA ,
Director of Planning and Development
Attachments: I
Copy of contract for sale
• Location map
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ORDINANCF. NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND
THREE-K CONSTRtft MON, INCORPORATED; AUTHORIZING THE CITY MANAGER
TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO CONrUMMATE THE
PURCHASE OF REAL PROPERTY IN ACCORDANCE WITH SAID CONTRACT;
AUTHORIZING THE EXPENDITURE OF FUNDS AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That the City Manager is hereby autivizcd to execute a contract between the
City of Denton and 3•K Construction, a copy of which is attschcd hereto and incorporated by
reference herein.
SECTION H. That the City Manager is hereby authorized to execute any and all documents
necessary to consummate the purchase of real property in accordance with said Contract.
SEMON IIL Thai the City Council hereby authorizes the expenditure of funds as provided
in the Contract.
SECTION TV. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of
1947.
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
O
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BY:
APPROVED AS TO LEGAL FORM,
0 HERBERT L. PROUTY, CITY ATTORNEY -
O O
BY:
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REAL ESTATE CONTRACT
FOR PURCHASE OF RESIDENTIAL PROPERTIES
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between three-K
Construction (hereinafter referred to as "Seller") and CITY OF
DENTON, TEXAS, a home rule municipality, of Denton, Denton: Co-,zty,
Texas, (hereinafter referred to as "Purchaser"), upon the te,-,rs and
conditions set forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for, the tract of land containing ap-
proximately 17.860 square feet and situated in 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-cf-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
1. Amount of Purchase Price. The purchase price for the
• Property shall be the sum of $_2,_600.00.
2. Payment of Purchase Price. The full amount of the Purchase
Price shall be payable in cash at the closing.
• PURCHASER'S OBLIGATIONS L -
• O
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.
4
_ ~ + r aYbMYIYYYrYMY4Y~:w `Y~ ~ r
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1. Preliminary Title Report. Within twenty (20) days after
the date hereof, Purchaser, at Purchaser's sole cost and expense,
shall have caused the Title Company (hereinafter defined) to issue
a preliminary 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 receives the Title Report that the condition of title as
set forth in the title binder is or is not satisfactory, and in the
event Purchaser states the condition is not satisfactory, Seller
shall, at Seller's option, promptly undertake to eliminate or
modify all 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 condition shall be deemed to be acceptable and any
objection thereto shall be deemed to have been waived for all
purposes.
2. Survey. Upon written request by Purchaser delivered to
j Seller contemporaneously with Purchaser's delivery of an executed
original of this Agreement, Seller shall within twenty (20) days
from the date hereof, at Purchaser's sole cost and expense, deliver
to Purchaser 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.
i
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
PAGE 2
5
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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.
REPRESENTATIONS AND WARRANTIES OF SELLER
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 ouch proceeding or assessment
contemplated by any governmental authority.
3. Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
4. There are no toxic or hazardous wastes or materials on or
within the Property. Such toxic or hazardous wastes or materials
include, but 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.
i
MISCELLANEOUS OBLIGATIONS OF PARTIES
Purchaser agrees to refund sidewalk escrow fees deposited with
• the City of Denton during the platting process regarding the
subject lot. • •
CLOSING
The closing shall be held at the office of Dente x Title Company
PAGE 3
6
y:
Ono- Im
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,300 N. Elm Street, Denton, Texas, on or before June 15. 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. Seller's Requirements. At the closing Seller shall:
A. Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying gooe 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
(however, Seller shall be responsible for taxes
prorated to date of closing) and subsequent years not
yet due and payable;
2. Any exceptions approved by Purchaser pursuant to
pulchaser's Obligations hereof; and
3. Any exceptions approved by Purchaser in writing.
S, Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by Dentex Title company,
Denton, Texas, (the "Title Company"), or such title company
as Seller and Purchaser may mutually agree upon, in Purch-
aser'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
Requirementa 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:
• 1. 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;
v
2. The exception as to restrictive covenants shall be j
endorsed "None of Record";
PAGE 4
7
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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 Requirements. Purchaser shall pay the full
cash purchase price to Seller at Closing in immediately available
funds.
3. Closing Costs. Through the date of Closing, 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 specifi:ally allocated herein
shall be equally shared by Purchaser and Seller.
REAL ESTATE CommrssIoN
Any real estate commissions occasioned by the consunmation 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.
® BREACH BY PURCHASER
O O
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
PAGE 5
8
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performance of this Agreement, or terminate this Agreement.
MISCELLANEOUS
1. Assignment of Agreement. This Agreement may not be
assigned by Purchaser without the express written consent of
Seller.
2. LUrvival 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.
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 Constructign. In case any one or more of the pro-
0 visions contained in this Agreement shall for any reason be held to
be invalid, illc.gal, or unenforceable in any respect, said in- 1
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 Agreements Superseded. This Agreement constitutes • •
the sole and only agreement of the parties and supersedes any prior
..J understandings or written or oral agreements between the parties
respecting the within subject matter.
PAGE 6
9
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e. Time of Essence. Time is of the essence in this Agreement.
9. 9-eIld=. 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 execute 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.
DATED this day of 199.
i
SELLER PURCHASCR
THE CITY OF DENTON, TEXAS
By By:
Ted Benavides
-~Q City Manager
~,a~2.✓~D _ 215 E. McKinney
O Thr a-K Construction Denton, Texas 76201
r
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
O 4 ~ O O
BY:
PAGE 7
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STA'T'E OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this day
of , 199_ by (Seller).
Notary Public in and for Texas
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this day
of , 199 by TED BENAVIDES, City Manager, of
the City of Denton, a municipal corporation, known to me Lo be the
person and officer whose came is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the
said City of Denton, Texas, a municipal corporation, that he was
duly authorized to perform the same by appropriate 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
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Tl l(.Lt✓ C I ~7D?>ITIDII~
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LINE
W NO. BEARIN
~ 0 L1 N86°20'02'
C. + L2 N300 21'09'
~m L3 N460 21'48
OWNER A. B. RICKRICH L4 N00°35'59
J M VOL. 3101, PG. 152
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P D,B. 9p ;P, IP gg /2' IRF
8 UTJDEEAJM'T
OWNER EULAH GRACE GRF
,P Q VOL. 650, PG. 573
p o
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S680 31'31'E sip 644
~BLOCK_A'
10 2 Nip c? OWNER: NOBLE HOLLAND
~p \ r° VOL. 442, PG. 585
~ A~ 01
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7,45 MIN. 1N~ OWNER
EX. 6' WATER MAIN s- IRF- ~tZ NAMIE WILLIAMS
Ex, BACK OF CUR
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• (45' 8 to Br 712` MIN, EX b' SAN. SEW.
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SCALE 1' = 50'
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CURVE TABLE
12 /
CURVE DELTA LENGTH RADIUS CH. BEARING CH, LEN ~ C1 40° 45'58' 10.67' 15.00' N09° 58'07'W 10.45'
C2 35° 56'59' 22.20 3538' N28° 23'19'E 2184' f Z 4f,°,S7'4Z_=a o a• ,
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Agenda No. 9-1-019
Agenda Item_ 0
Date
CITY of DENTON, TEXAS MUNICIPAL e0LDING • 215 E MCKINNEY• DENTON, TEXAS 76201
(8 f 7) 5668200 * DFW METRO 434.2529
MEMORANDUM
DATE: May 20, 1997
TO, Mayor and Members of the City Council
FROM: Ted Benavides
City Manager
SUBJECT: Hangar 10 Flying Museum Lease Agreement
Recommendation:
The Airport Advisory Board and City staff recommend approval of the
ordinance establishing a lease between the City of Oenton and
Hangar 10 Flying Museum,
Background:
Hangar 10 Flying Museum is currently located in Dr. Almand's
hangar. It is a non-profit organization that operates on
donations. Mr. Edgington, Mr. Grubb, and Mr. Wright of Hangar 10
have identified a new site at the airport on which they want to
expand the museum operation.
Summary:
The attached agreement follows our standard lease with the
following exception:
The land chosen for the new museum is a developed parcel
with a $.15 per square foot lease rate. The museum has
requested that for the first five years they be allowed
to pay ;.05 per square foot. From year six to year
thirteen, the lease rate would increase by ;.10. An
additional $.03 would be added to the remaining seventeen
• years.
• 0
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"Dedicated to Quality. Senice"
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Transmittal Memorandum
Hangar 10 Flying Museum
May 20, 1997
The Hangar 10 Flying Museum has also requested right of first
refusal on two adjoining parcels. They have indicated an intent to
expand into a second and third hangar. Lease rates and terms will
be negotiated at the time of developmenL-.
Fiscal Impact:
Total revenues would equal those received if the museum were to pay
$.15 for the entire term of the lease. Providing a lower rate up
front will allow the museum to invest their capital in the new
facility.
Please let me know if you have any questions regarding this lease.
RESPECTFULLY SUBMITTED:
Ted Benavides
City Manager
PREPARED BY:
Linda Ratliff
Director of Econom c Development
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hang i 0.ord
ORDINANCE NO,
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON,
TEXAS TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY OF
DENTON, TEXAS AND HANGAR 10 FLYING MUSEUM FOR APPROXIMATELY 32,400
SQUARE FEET OF PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPCRT, MTH
OPTIONS ON THE LEASE OF ADDITIONAL PROPERTY COMPRISING AN ADDITIONAL
64,800 SQUARE FEET; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is authorized to execute a commercial lease agreement
between the City of Denton, Texas and Hangar 10 Flying Museum for approximately 32,400 square
feet of land located at the Denton Ntunkc al Airport, under the terms and conditions contained within
the agreement, which is attached hereto and made a part hereof.
SECTION 11. 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
CITY OF DENTON, TEXAS
BY:
' APPROVED AS TO LEGAL FORIM:
HERBFRT L. PROUTY, CITY ATTOW? EY O 8
CITY OF DENTON, TEXAS
„I:i•j C .r.
BY:Az~
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AIRPORT LEASE AGREEMENT
TI IE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
This lease is made and executed this _ day of , 1997, at Denton, Texas,
by and between the City of Denton, Texas, a municipd corporation, hereinafter referred to as
"Lessor", and Ilangar 10 Flying Museum, having its principal offices at 5088 Sabre Lane, Denton,
Texas, Denton Municipal Airport, Denton, Texas 76207, hereinafter referred to as "Lessee".
NVITNESSETIi:
WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the
City of Denton, County of Denton, State of Texas; and
WIIEREAS, Lessee desires to [case certain premises on said airport and construct and maintain
an office, warehouse, aircraft hangar and related aviation facilities thereon; and
NOW, THEREFORE, for and in consideration of the promises and the mutual covenants
contauied in this agreement, the parties agree as follows:
1. CONDITIONS OF AGREEMENT
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CON-
TAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL
BE BINDING.
A. PRINCIPLES OF P ATIONS. Does not grant Lessee the right to operate as a fixed
base operation to serve the public.
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B. NON•DISCRUyUNATION. Lessee, for himself, his personal representatives, successors
and interests, and a r igns, as a part of the consideration hereof, does hereby covenant and agree as -
a covenant running with the land that:
1. No person on the grour.ds of race, religion, color, sex, or national origin shall be
@ excluded from participation in, dcnled the benefits of, or be otherwise subjected to I' O •
discrimination in the use of said facilities; and
2. In the comtruction of any improvements on, over, or under such land PM the
furnishings of services thereon, no person on the grounds of race, religion, color, sex,
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or national origoi shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination; and
3. Lessee shall use the premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federa Regulations, Department of Trarsportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted
pro6rams of the Department of Transportation - Effectual of Title VI of the Civil
Rights Act of 1964, as said Regulations may be amended.
C. RIGHT OF INDIVIDUALS TO MAINTAIN AIRC . It is clearly understood by
Lessee that no right or privilege has been granted which would operate to prevent any person, firm
or corporation operating ahraR on the airport from performing any services on its own aircraft with
its own regular employees (including, but not limited to, maintenance and repair) that it may choose
to perform
D. NON-EXCLUSIVE RIGHT. It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of an exclusive right within the meaning of Title
49 U.S.C. Appendix §1349.
E. PUBLIC AREAS.
I . Lessor reserves the right to further develop or improve the landing area of the airport
as it sees fit, regardless of the desires or views of Lessee, and without interference or
hindrance.
2. Lessor shall be obligated to maintain and keep in repair the landing area of the airport
and all publicly owned facilities of the airport, together with the right to direct and
control all activities of Lessee in this regard.
3. During time of war or national emergency, Lessor shall have the right to lease the
landing area or any part thereof to the United States Government for military or naval
use, and, if such lease is executed, the provisions of this instrument insofar as they are
O inconsistent with the provisions of the Lease to the Government, shall be suspended,
4. Lessor reserves the right to take any action it considers necessary to protect the aerial
approaches of the airport against obstruction. together with the right to prevent Lessee
frcm erecting, or permitting to be erected, any building or other structure on or
adjacent to the airport which, in the opinion of Lessor, would limit the usefulness or
• safely of the airport or constitute a hazard to *craft or to aircraft navigation.
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5. This Lease shall be subordinate to the provisions of any existing or future agreement
between Lessor and the United States or agency thereof, relative to the operation or
maintenance of the airport.
11. LE,ASEDPRFMISES
Lessor, for and in consideration of the covenants and agreements herein contained, to be kept
by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from
Lessor, the following described land situated in Denton County, Texas:
A. LANJ2. A tract of land measuring 180 feet x 180 feet, approximately 32,400 square feet
in area, as drawn and outlined on Exhibit "A", incorporated herein by reference, denoted therein as
Tract A and legally described below:
I . All that certain tract or parcel of land situated in the R''illiam Neil Survey, Abstract Number
970, and being a part of Lot One, Block One, of the Southeast Airport Addition, in the
City of Denton, Denton County, Texas, and filed for record in CAB. O,PO.295 Plat
Records of Denton County, Texas.
Commencing at the most westerly southwest corner of said Lot One, Block One,
Southeast Airport Addition, of which the northwest corner bears north 08 degrees 36
minutes 21 seconds east a distance of 1610.27 feet.
TI IENCE north 08 degrees 36 minutes 21 seconds east with the west boundary line of said
Lot One, Block One, a distance of 936.47 feet to a point in the west line of said Southeast
Airport Addition.
T PENCE south 88 degrees 36 minutes 10 seconds cast a distance of 373.2811 et to an iron
pin set for the northwest of the herein described tract. Said point also being the northeast
corner ofa 60 feet access, drainage, and tallity easement, and the point of beginning of the
herein described tract;
• THENCE south 88 degrees 36 minutes 10 seconds cast with the south line of a 130 feet
taxiway, drainage, and utility easement a distance of 180.00 feet to an Iron pin set for the
northeast comer of the herein described tract;
THENCE south 01 degrees 23 minutes 50 seconds west a distance of 180.00 feet to an
iron pin set for the southeast comer of the herein described tract, said iron pin being in the
• north line of 60 feet access, drainage, and utiSty easement; •
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THENCE north 88 degrees 36 minutes 10 seconds west with the north line of said access
easement a distance of 180.00 ket to an, on pin set for the southwest comer of the herein
described tract;
THENCE north 01 degrees 36 minutes 50 seconds east with said 60 feet access easement
a distance of 180 C0 feet to the point of beginning and containing 32,400.00 square feet
or 0.7438 acres of land.
Together with the right of ingress and egress to said property; and the right in common with
others so authorized of passage upon the Airport property generally, subject to reasonable regulations
by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and
invitces. For purposes of this agreement, the term "Premises" shall mean aU property located within
the metes and bounds described and Identified above, including kasehold improvements constructed
by the Lessee, but not including certain easements or property owned or controlled by the Lessor,
PLUS,
B. WGHT OF fl ST E S L TO LEASE TRACT B. Provided that, and for so long as
Lessee stays in lawful possession of the land denoted above as Tract A, Lessee shall have a right of
first refusal on any lease negotiated on the tract of land Identified and drawn on Exhibit "A" as Tract
B, measuring 180 feet x 180 feet, approximately 32,400 square feet ip area, and legally described
below,
I. All that certain tract or parcel of land situated in the William Neil Survey, Abstract Number
970, and being a part of Lot One, Block One, of the Southeast Airport Addition, in the
City of Dent, n, Denton County, Texas, and filed for record in CAB. O,PO•'95 Plat
Records of Denton County, Texas.
Commencing at the most westerly southwest comer of said Lot One, Block 9ne,
Southeast Airport Addition, of which the northwest comer bears north 08 degrees 36
0 minutes 21 seconds east a distance of 1610.27 feet.
THF,NCE north 08 degrees 36 minutes 21 seconds ear.-t with the west boundary line of said
Lot One, Block One, a distance of 936.47 feet to a point in the west line of said Southeast
Airport Addition.
A THENCE south 88 degrees 36 minutes 10 s&-onds east a distance of 553.28 feet to an Iron to
pin set for the northwest of the herein described tract. Said point also lying in the south
line ofa 130 feet tsdway, drainage, and utility easement, and the point of beginning of tie
herein described tract;
Hang a, In flylnj 74uspuN Lease Ngtae"nt - Page 4
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THENCE south 88 degrees 36 minutes 10 soconds east with the south line of said taxiway
easement a distance of 180.00 fm to an iron pin set for the northeast corner of the herein
described tract;
THENCE: south 01 degrees 23 minutes 50 seconds west a distance of 180.00 feet to an
iron pin set for the southeast comer of the herein descn'bod tract, and lying in the north line
of a 60 feet access, drainage, and utility easement;
THENCE north 88 degrees 36 minutes 10 seconds west with the north lime of said access
easement a distance of 180.00 feet to an iron pin set for the southwest comer of the herein
described tract;
THENCE north 01 degrees 23 minutes 50 seconds east a distance of 180.00 feet to an iron
pin at the northwest corner of the herein described tract and the point of beginning and
containing 32,400.00 square feet or 0.7438 acres of land.
The lesser shall notify Lessee, In writing, ofany bonaflde offer on lease options with third
parties on the identified TW B. Lessee shall have thirty (30) days to exercise its right of first refusal
on Tract B. Any future lease negotiated on Tract B shall be subject to whatever lease terms may be
negotiated between lessor and Lessee, and Lessee shall have no vested right to lease said tract under
any particular temts of agreerncrt, or specified rental, wheth.n contained within this agreement or any
utter. Lessee's exercise of said right of first refusal is expressly conditioned upon Lessee's continuous
and simultaneous rental of Tract A above. In no event shall this right of first refusal extend more than
two (2) years past the initial execution of this Agreement.
Together with the right of ingress and egress to said property; and the right in common
with others so authorized of passage upon the Airport property generally, subject to reasonable
regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers,
patrons and invitees. For purposes of this agreement, the term "Premises" shall mean all property
located within the metes and bounds described and idensified above, lncluding leasehold improve-
ments constructed by the Lessee, but not including certain easements or property owned or controlled
by the Lessor.
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PLUS,
C. RIGHT OF FIRST $EEMAL TO LEASE TRACT C. Provided that, and for so long as /
Lessee stays in lawfil possession of the land denoted above as Tract A and B, Lessee shall have a
right of first refusal on any lease negotiated on the tract of land Identified and drawn on Exhibit "A"
• as Tract C, measuring 180 fret x 180 feet, approximately 32,400 square feet in area, and legally •
described below,
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I. All that certain tract or parcel of land situated in the William Neil Survey, Abstract Number
970, and being a part of Lot One, Block One, of the Southeast Airport Addition, in the
City of Denton, Denton County, Texas, and flied for record in CAB. G,PG. 295 Plat
Records of Denton County, Texas.
Commencing at the most westerly southwest comer of said Lot One, Block One,
Southeast Airport Addition, of which the northwest corner bears north 08 degrees 36
minutes 21 seconds east a distance of 1610.27 feet.
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THENCE north 08 degrees 36 minutes 2) secords east with the west boundary line of said
Lot One, Block One, a distance of 936.47 feet to a point in the west line of said Southeast
Airport Addition.
THENCE south 88 degrees 36 minutes 10 seconds east a distance of 733.28 feet to an von
pin set for the northwest of the herein described tract. Said point being in the south line
of a 130 feet taxiway, drainage, and utility easement, and the point of beginning of the
herein described tract;
T1 [ENCE south 88 degrees 36 minutes 10 seconds east with the south line of said taxiway
easement a distance of 180.00 feet to an iron pin set for the northeast comer of the herein
described tract;
THENCE south 01 degrees 23 minutes 50 seconds west a distance to an iron pin set for
the southeast corner of the herein described tract and being in the north line of a 60 feet
access, drainage, and utility easement;
'THENCE north 88 degrees 36 minutes 10 seconds west with the north line of said access
easement a distance of 180.00 feet to an iron pin set for the southwest comer of the herein
described tract;
THENCE north 01 degrees 23 minutes 50 seconds east a distance of 180.00 feet to an von
pin in the south be of said taxiway easement and the point of beginning and containing
• 32,400.00 square feet or 0.7438 acres of land.
The Lessor sha11 notify Lessee, in writing, of any bonafide offer on lease options with third r
parties on the identified Tract C. Lessee shall ha%e thirty (30) days to exercise hs right of first refusal
on Tract C. Any fudare lease negotiated on Tract C shall be subject to whatever lease terms may be
negotiated between Lessor and Lessee, and Lessee shall have no vested right to lease said tract under
g any particular terns ofagreement, or specified rental, whether contained within this agreement or any , O O
other. Lessee's exercise of said right of first refusal is expressly conditioned upon Lessee's continuous
and sunultaneous rental of Tracts A and B, above. In no event shall thin right of first refusal extend
more than four (4) years past the initial execution of this Agreement.
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Together with the right of ingress and egress to said property; and the rght in common
with others so authorized of passage upon the Airport property generally, subject to reasonable
regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers,
patrons and invitees. For purposes of this agreement, the term "Premises" shall mean all property
located within the metes and bounds described and identified above, including leasehold Improve-
ments constructed by the Lessee, but not including certain easements or property owned or controlled
by the Lessor.
D. IMPROVEMENTS PROVIDED BY LESS NONE. There will be no improvements
provided by Lessor, except as set forth in Article ILE. "Access to Utilities" below.
For the purpose ofthis agreement, the tern "Lessor improvements" shall mean those things
on the leased premises belonging to, oonstrvcted by, or to be constructed by Lessor, which enhances
or increases, or vill enhance or Increase, the value or quality of the leased land or property. Unless
otherwise noted herein, all Lessor improvements are and will remain the property of Lessor. All
Lessor improvements must be described in detail above, or above referenced and attached to this
agreement in an exhib±t approved by Lessor.
E. IMPROVEDENTS PROVIDED BY LESSEE. On Tract A, Lessee shall constnk4 a
12,000 square foot office and hangar facility, with taxiway access and appropriate culverts as required
by City ordinances in the drainage channel north of the hanger and south of the taxiway, as weh as
other improwments as shown on the attached site plan Exhibit "B", and required by City ordinances.
Should Lessee exercise its right of first refusal to lease Tract B, Lessee shall construct a 12,000
square foot hangar facility, with taxiway access and appropriate culverts as required by City
ordinances in the drainage channel north of the northern ramp boundary for taxiway access, as well
as other improvements as shown on the attached site plan Exhibit "B", and required by City
ordinances. Should Lessee exercise its right of first refusal to lease Tract C, improvements wilt be
the sanre as those identified for Tract B.
F. EASEMENT'S. Lessor and Lessee by mutual agreement may establish, on the lease
premises, easements for public access on roads and taxiways.
@ III. TERM
Tile initial termofthis agreement shall be for a period ofthirty (30) years, commencing on the -
15th day of May, 1997, and continuing through the 14th day of May, 2027, unless earlier terminated
under the provisions of the agreement. Any attempt by Lessee to renegotiate this Lease shall be in
writing addressed to the City Manager at least one hundred eighty (180) days before the expiration
@ of the stated term of this lease, and at least 180 days before the expiration of any addhional I~ tD
renegotiated period. Lessee, has the option to renew for two (2) additional ten (10' )year terms. The
rental and the provisions of the agreement to be negotiated for either of the additional terms shall be
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reasonable and consistent with the then value, rentals and provisions of agreement of similar property
on the airport.
IV. PAYMENTS- REENTALS AND FEES
Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following
payments, rentals and fees:
A. LAND RENTAL shall be due and payable in twelve (12) equal monthly installments in
advance, on or before the first of each and every month during the term of this agreement In the
amount of one-twrifth (1/12) ofan annual rental payment based on the following formulae, calculated
on the basis of minimum yearly rentals adjusted for inflation as per paragraph IV. C.:
I. 05115/97 - 05114103: $0.05 per square foot minimum yearly rental, adjusted annually
per paragraph IV. C.
2. 95115105 •99/14/11: The current lease rate will be increased by a sun of $0.10 per
square foot minimum yearly rental, adjusted annually per paragraph IV. C.
3. 09115/11 - 05/14127: The current lease rate will be increased by a sum of $0.03 per
square foot minimum yearly rental, adjusted annually per paragraph IV. C.
B. L,USQR IMPROVEMENTS RENTALS. NONE. There are no Lessor Improvements
on the leased premises.
C. PAYMENT, PENALTY. AD JUSTIYLNTS. All payments will be due on the 15th of the
month. This payment will be for the prior month fees and the current month land rentals. If payments
are not received before or on the 15th, a five (5) percent penalty will be due as of the 16th If
payments are not received by the first of the subsequent month, an additional penalty of one (1)
percent of the unpaid rentaVfee amount will be due. A one (1) percent charge will be added on the
first of each subsequent month until the unpaid rental/fee payment is made. Failure to pay the rent,
fee, or either monetary penalty antowts on delinquent rent or fees shall constitute an event of default
• of this Lease. The yearly rental for land and improvements herein ]eased shall be readjusted at the
end of ear. year period during the term of this lease on the basis of the proportion that the then
current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort
Worth geogr,4~hical region, as compiled by the U,S. Department of Labor, Bureau of Labor Statistics
bears to the January, 1997 index, which was 150 (1982.84 = 100). Each rental adjustment, if any,
shall occur on the 15th day of May, beginning 1998, and every year thereafter on such date.
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The adjtistnterts in the yearly rent shall be determined by multiplying the niinimtim yearly
rent as set forth in Section IV. A. by a fraction, the numerator of which is the index nw.iber for the
last month prior to the adjustment, and the denominator of which is the index number for January,
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1997, which was 150 (1982.84 = 100). If the product of this multiplication is greater than the
minimum yearly rent as set forth in Section 1V. A., Lessee shall pay this greater amount as the yearly
rent until the time of the next rental adjustment as called for in this section. If the product of this
multiplication is less than the minimum yearly rent of as set forth in Section IV. A., there shall be no
adjustment in the annual rent at that time, and Lessee shall pay the minimum yearly rent as set forth
in Section IV. A., until the time of the next rental adjustment as called for in this section. In no event
shall any rental adjustment called for in this section result in an annual ren, less than the minimum
yearly rent of as set forth in Section IV. A. The adjustment shall be limited so that the annual rental
payment determined for any given year shall not exceed the annual rental payment calculated for the
previous year by more than ten percent (100/6).
If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth
geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is
discontinued during the term of this lease, the remaining rental adjustments called for in this section
shall be made using the formula set forth in Subsection (A) above, but substituting the Index numbers
for the Consumer Price Index-Seasonally Adjusted U.S. City Average For All Items For All Urban
Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth
geographical region. Ifboth the CPI-U for the Dallas-Fort Worth geographical region and the U. S.
City Average are discontinued during the term of this lease, the remaining rental adjustments called
for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United
States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-
Fort Worth geographical region. If the Bureau of Labor Statistics of the United States Department
of Labor ceases to exist or ceases to publish statistics concerning the purchasing power of the
consumer dollar during the term of this lease, the remaining rental adjustments called for in this
section shall be made using the most nearly comparable statistics published by a recognized fmancial
auftrhy selected by Lessor.
V. RIGHTS AND OBLIGATIONS OF LESSEE
A. I1SF OF LEASED PRRNI1SES. Lessee Is granted the non-exclusive privilege to use the
leased premises to engage In or provide the following:
1. liangaring and exhibition of aircraft, maintenance, repair, and restoration of
aircraft of Lessee and its tenants of aircraft;
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2. Hangar, with offices and maintenance sl»p.
Lessee may not use any portion of the Premises for any other use unless otherwise agreed to
® by Lessor and Lessee.
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Lessee, or sublessees shall not be authorized to conduct any services not specifically listed In
this agreement. The use of the lease premises of Lessee, or sublessees shall be limited to only those
Manger 10 Flying MiuNeum Lease Agreement - Cage 9
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private activities having to do with or related to airports and aviation. No person, business or
corporation may operate a commercial, retail or Industrial business upon the premises of Lessee or
upon the Airport without a leasa or license from Lessor authorizing such commercial, retail or indus-
trial activity. The Lessor shall not unreasonably withhold authorization to conduct aeronautical or
related services.
B. INDEPENDENT CONTRACTOR. During all times that this Lease is in effect, the parties
agree that Lessee is and shall be deemed to be an independent contractor and operator and not an
agent or employee of City with respect to their acts or omissions hereunder. For all purposes
hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that
nothing contained herein shall be deemed or construed to constitute a partnership or joint venture
between or among the parties hereto.
C. STANDARDS. Lessee shall meet or exceed the following standards:
1. Address. Lessee ,Dell file with the Airport Manager and keep current his mailing
addresses, telephone n umbers and contacts where he can be reached in an emergency.
2. List. Lessee shall file with the Airport Manager and keep current a list of his tenants
and sublessees.
3. Conduct. Lessee shall contractually require his employers and sublessees (and
sublessee's invitees) to abide by the provisions of the agreement. Less.-e shall promptly
enforce his contractual rights in the event of a default of such covenants.
4. Utilities. Taxes and Fee . Lessee shall meet all expenses and payments in connection
with the use of the Premises and the rights and privileges herein granted, including the
timely payment of utilities, taxes, permit fees, license fees and assessments lawfully
levied or assessed.
5. Liu. Lessee shall comply with all current and future federal, state and local laws,
rules and regulations which may apply to the conduct of business contemplated,
• including rules, regulations and ordinances promulgated by Lessor, and Lessee shall
keep in effect and post in a prominent place all necessary and/or required licenses or
pemits.
Lessee's use of the premises shall at all times be in compliance with and subject to any
covenants, restrictions, and conditions of record pertaining to the use and occupancy
0 of the leased premises and shall at all times comply with the laws, codes, ordinances,
ndes, and regulations, either existing or those promulgated in the future, by the City
J of Denton, the County of Denton, the State of Texas, the United States of America,
and the Federal Aviation Adnmlisiration, or their successors. Lessee shall not operate
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or permit the operation of any transmitter devices, electrical signal producers, or
machinery on the leased premises which could interfere with the electronic aircraft
navigation aids or devices located on or off Airport property. Lessee shall not be
permitted to engage in any business or operation on the leased premises which would
produce obstructions to visibility or violate height restrictions as set forth by the
Federal Aviation Administration or the City of Denton.
6. Malutsn9t1ssvf2w;_c . Lessee shall be responsible for the maintenance, repair and
upkeep of all property, buildings, structures and improvements, including the mowing
or elimination of grass and other vegetation on the Premises, and shall keep said
Premises neat, clean and in respectable condition, free from any objectional matter or
thing. Lessee agrees not to utilize or permit others to utilize areas on the leased
premises which are located on the outside of any hangar or building for the storage of
wrecked or permanently disabled aircraft, aircraft puts, automobiles, vehicles of any
type, or any other equipment or items which would detract from the appearance of the
leased premises. Lessee agrees that at no time shall the leased premises be used for a
flea market type sales operation.
7. Unauthorized use ofprem'ses. Lessee may not use any of the leased land or premises
for the operation ofa motel, hotel, restaurant, private club or bar, apartment house, or
for industrial, commercial or retail purposes, except as authorized herei,
8. Dwellings. It is expressly understood and agreed that no permanent dwelling or
domicile may be built, moved to or established on or within the leased premises ear
may lessee, his tenants, invitees, or guests be permitted to reside or remain as a
resident on or within the leased premises or other airport premises.
9, Quit Possession. Lessee shall quit possession of all premises leased herein at the end
of the primary tern of this lease or any renewal or !xtension thereof, and deliver up
1 the premises to Lessor in as good condition as existed when possession was taken by
Lessee, reasonable wear and teas excepted.
• + 10. HOLD 1HARAi . SS. LESSEE SHALL INDEMNIFY AND HOLD HARMLESS
LESSOR FROM AND AGAINST ALL LOSS AND DAMAGES, INCLUDING
DEATH, PERSONAL INJURY, LOSS OF PROPERTY OR OTHER DAM-
AGES, ARISING OR RESULTING FROM THE OPERATION OF LESSEE'S
BUSINESS IN AND UPON 7 FIE LEASED PREMISES.
11. Chen~ica . Lessee agrees to properly store, collect and dispose of all chemicals and I~ O
chemical residues; to properly store, confine, collect and Jispose of all paint, including
paint spray nt the atmosphere, and paint products; and to comply with all Local, State
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and Federal regulaWns governing the storage, handling or disposal of such chemicals
and paints.
12. Hagardous Activities. Should Lessee violate any law, rule, restriction or regulation of
the City of Denton or the Federal Aviation Administration, or should the Less: c
engage in or permit other persons or agents to engage in activities which could
produce hazards or obstnetion to air navigation, obstructions to visibility or
interference with any aircraft navigational aid station or device, whether airbome or
on the ground, then Lessor shall state such violation in writing and deliver written
notice to Lessee or Lessee's agent on the leased pr:miscs, or to the person(s) on the
leased premise i who are causing said violation(s), and upon delivery of such written
notice, Lessor shall have the right to demand that the person(s) responsible for the
violation(s) cease and desist from all such activity creating the violation(s). In such
event, Lessor shall have the right to demand that corrective rction, as required, be
commenced immediately to restore the leased premises into conformance with the
particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's
agent, or the person(s) responsible for the violation(s) fail to cease and desist from said
violation(s) and to immediately commence correcting the violation(s), and to complete
said corrections within twenty-four (74) hours following written notification. then
Lessor shall have the right to enter onto the leesed premises and correct the viola-
tion(s), cod Lessor shall not be responsible for any damages incurred to any
improvements on the leased premises as a result of the corrective action process.
D. SG. During the term ofthis agreerrern, Lessee shall kav: the right, at its own expense,
to place inor on the lease Premises signs identifying Lessee. Said signs shall be of a size, shape and
design, and at a location or locations, approved by the Lessor and in conformance with any overall
directional graphics or sign program established by Lessor for the Airport. Lessor's approval shall
not be withheld unreasonably. Said signs shall be maintained in good repair throughout the term of
this agreement. Notwithstanding any oche- provision of this agreement, said signs shall remain the
property of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected
on the premises at the expiration of the term of this agreement or extensions thereof.
O
VII. COVENANTS BY L,E SOR
Lessor hereby agrees as follows:
A. PEACEFUL LNJOYMENT. That on payment of rent, fees, and performance of the
• covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably O
hold and enjoy the leased premises and all rights and privileges herein granted,
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B. CQM AU, Lessor warrants and represents that in the establishment, construction and
operation of said Doiton Municipal Airport, that Lessor has heretofore and at Ns time is complying
with all existing riles, regulations, and criteria distributed by the Federal Aviation Administration, or
any other b -vernmental authority relating to and including, but not limited to, noise abatement, air
rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end
that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of
any aerial operations of adjoining property in the course of norinal take-off and landing procedures
from said Denton Municipal Airport; Lessor further warrants and represents that at all times during
the term hereof, or any renewal or extension of same, that it will continue to comply with the
foregoing.
Vil. SPECIAL CONDITIONS
It is expressly understood and agreed by and between Lessor and Lessee that this lease
agreement is subject to the following special terms and conditions.
A. RUNWAYS AND TAXIWAYS. That because of the present sixty thousand (60,000)
pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee
herein agrees to limit all aeronautical activity including larding, take-off and taxiing, to aircraft having
an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such
time that the runway and designated taxiways on the Airport have been Improved to handle aircraft
of such excessive weights. It is further agreed that, tesed on qualified engineering studies, the weight
restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide
by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in
this clause shall oslude that activity of the Lessee or its agents or subcontractors, and its customers
and invitees, but snail not include those activities over which it has no solicitory part or control, such
as an unsolicited or unscheduled or emergency landing. A pattern of negligent disregard of the
provisions of this section shall be sufficient to cause the immediate termination of this entire {
agreement and subject Lessee to liability for any damages to the Airport that might result.
Vlll, ASEUOLD IMPROVEMENTS
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A. RE0UIREME yTS: Before commencing the constriction of►.wy improvements upon the
i
premises, Lessee shall submit:
1. Documentation, specifications, or design work, to be approved by the Lessor, which
stall establish that the improvements to be built or constructed upon the lease premises
• are In conformance with the overall size, shape, color, quality and design, in
appearance and structure of the program established by Lessor on the Airport. • 0
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2. All plans and specifications showing the location upon the premises of the proposed
construction;
3. The estimated cost of such construction.
No construction may commence until Lessor, a t4 by its City Council, has approved the plans
and specifications and the location of the improvements, the estimated costs of such construction and
the agreed estimated life of the building or structure. Approval by the City Council shall not be
unreasonably withheld; should the Council fail to deny Lessee's plans and specifications within sixty
(60) days of submission thereof to the Council, such plans and specifications shall be deemed
approved. Documentary evidence of the actual cost of construction cn public areas only (such as
taxiways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are
paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of this lease
filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid
by Lessee, and the f rid4s of the City Manager when endorsed by him upon said contract shall be
conclusive upon all parties for all purposes of this agreement.
B. t%DDI]IONAL CONSTRUCIION Ok lNiPROVENI S: Lessee is hereby authorized
to construct upon the land herein leased, at his own cost and expense, buildings, hangars, and struc-
tures, that Lessor and Lessee mutually agree are necessary for use In connection with th- operations
authorized by this lease, provided hoHever, before commencing the construction of any improve-
ments upon the premises, Lessee shall submit plans and specifications for approval by Lessor as
specified in Article Vill. A., above.
C. Q ERSJUP OF 1MPROVEMENTS. All buildings and improvements constructed upon
the premises by Lessee shall remain the property of Lessee unless said property becomes the property
of Lessor under the following conditions, terms and provisions:
1. Removal of 13uildines. No building or permanent fixture may be removed from the
premises.
2 AguuVtiga All buildings and improvements of whatever nature remaining upon the
w leased premises at the end of the primary term, or any extension thereof, of this lease
stall automatically become the property of Lessor absolutely in fee without any cost
to Lessor.
3. Aidbling Li It is agreed that the life of the building to be constructed by Lessee on
the property hcieln leased is thirty (30) years.
4. ; anrrllnlinn Should this lease be canceled for any reason before the end of the thirty • O
(30) year expected building life, h is especially understood and agreed that Lessor
reserves the right to purchase all buildings, structures and improvements then existing
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upon the premises by tendering to Lessee one thirtieth (1/30) of the undepreciated
value of such building for each year remaining on the agreed fife of such building. The
undepreciated value of all improvements is to be detennined by having such
imp rove Tents appraised by three appraisers, one appointed by Lessor, one appointed
by Lessee and one appointed by the two appraisers.
IX. SURR .ATION OF MORTGAGEE
A. Lessee shall have the right to place a first mortgage lien upon its leasehold in an amount
net to exceed eighty-five percent (85%) of the cost of the capital improvements.
B. Any person, corporation or institution that lends money to Lessee for construction,
purchase and or refinance of any hangar, structure, building or improvement and retains a security
interest in said har$ar, structure, building or improvement shall, upon default of Lessee's obligations
to said mortgagee, have the right to enter upon said leased premises and operate or manage said
hangar, structure, building or Improvement according to the provisions of the agreement, for a period
not to exceed the temt of the mortgage with Lessee, or until the loan is paid in full, whichever comes
first, but in no event longer than the term of this lease. It is expressly understood and agreed that the
right of the mortgagee referred to herein is limited and restrictr,! to those improvements constructed
with finds borrowed from mortgagee, those improvements purchased with borrowed funds and those
improvements pledged to segue the refinancing of the improvements.
C. Lender's duties and rights are as follows:
I . The Lender shall have the right, in case of default, to wsume the rights and obligations
of Lessee herein and become a substituted Lessee, with the further right to assign the
Lessee's interest to a third party, subject to approval of the Lessor, such approval to I
not be unreasonably withheld or delayed. Lender's obligations under this Lease as
su!,stituted Lessee shall cease upon assignment to a third party and approval by the
Lessor.
2. As a condition precedent to the exercise of the right granted to Gender by this
O paragraph, Lender shall ratify the Lessor of all action taken by it in the event payments
on such {Dens shall become delinquent. Lender shall also notify the Lessor, In writing,
of any change in the Identity or address of the I ender. r
3. All notices of default, as well as all notices required by Article XIV herein (Cancella-
tion by Lessor) to be given by the Lessor to Lessee shall also be givers by the Lessor
® o Lender at the same time and in the same manner, provided the Lessor has been
furnished with written notice of Lenders interest and its address. Lessor's notice shall O O
be given to the City Manager. Upon receipt of such notice, Lender shall have the same
rights m Lessee to correct any default.
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X. RIGHT OF EASEMENT
Lessor shall have the right to establish casements, at no cost to Lessee, upon the leased ground
space for the purpose of providing underground utility services to, from or across the airport property
or for the construction of public facilities on the Airport. However, any such easements shall not
interfere with Lessee's use of the ]eased premises and Lessor shall restore the property to original
condition upon the installation of any Why services on, ]n, over or under any such easement or the
conclusion of such construction. Construction in or at the easement shall be completed within a
reasonable time.
XI. SUBLETTING ANDASSIGNSIENT OF LEASE
A. 'Ilse Lessee may rent or sublease the Premises for the storage of individual aircraft without
prior written consent of the Lessor, but Lessee shall not rent or sublease all or any part of the
Premises or the improvements located thereon for any other purpose without the prior written
consent of the Lessor, such consent to not be unreasonably withheld or delayed. Arty tenant or
sublessee shall be subject to the same conditions, obligations and semis as set forth herein. Lessee
s'rall be responsible for the observance by its tem-mts aM sublessees of the terms and covenants of this
Lease. It is the intention of the City that the subleases not be misused as a method to avoid
compliance with the minimum standards herein.
In the event that the Lessor determines that a sublease is operating an aviation-related business
without complying with the minimum standards applicable thereto, the sublease may he terminated
in the same manner as provided by Article X1V herein for leases.
B. Lessee expressly covc=ts that it will not cssign this Lease, convey more than forty-rine
percent (49%) of the interest in its business, deemed herein to mean the controlling interest in its
business, through the sale of stock or otherwise, nor sublet, assign, transfer, nor license the whole or
any part of the said Premises for any purpose, except for rental of hangar space or tie-down space,
without the written consent of the Lessor. Lessor agrees that it will not unreasonably withhold its
approval of the sale or sublease of the fr.cilities for airport related purposes. The provisions of this
Lease shall remain binding upon the assignees, if any, at Lessee.
X11. INS ! AN
A. REQUIRED INSURANCE: Lessee shall maintain continuously in effect at all times during
the term of this agreement, at Lessee's expense, the following insurance coverage:
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1. Commercial general liability covering the leased premises, the Lessee or its company, O
its personnel, and its operations on the airport.
Nangar 1o riying Musnab Lease Agreemnt • Vega 16
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2. Aircraft liability to cover 0 (light operations of Lessee.
3. Fire and extended coverage for replacement value for all facilities used by the Lessee
either as a part of this agreement or erected by the Lessee subsequent to this
agreement.
4. Liability insurance limits shall br In the following minimum amounts:
Bodily Injury and Property Damage: One Million Dollars ($1,000,000) combined
single limits on a per occurrence basis.
5. All policies shall name the City of Denton as an additional named insured and provide
for a minimum of thirty (30) days written notice to the City prior to the effertive date
of any cancellation or lapse of such policy.
6. All policies must be approved by the Lessor.
7. 71ue Lessor shall be provided with a copy of all such policies and renewal certificates.
Du. ng the term of this lease, Lessor herein reserves the right to adjust or increase the liability
insurance amounts required of the Lessce, and to require any additional rider, provisions, or
certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as rrray
be required by Lessor; provided however, that any requirements shall be commensurate wi.h
insurance requirements at other public use airports similar to the Denton Municipal Airport in size
and in scope of aviation acl;%ities, located in the southwestern region of the United Swtes. Lessee
herein agrees to comply with n'l increased or adjusted insurance requirements that may be required
by the Lessor throughout the orieu, I or extended term of this lease, including types of Insurance and
monctary amounts or limits of msurwk r. and to comply with said insurance requirements within sixty
(60) days following the receipt of a not,. in writing from Lessor stating the increased or adjusted
insurance requirements. Lessee shall have the right to maintain in force both types of insurance and
amounts of insurance which exceed Lessor's minimum insurance requirements.
• In the event that State law should be amerded to require types of insurance and/or insurance
amounts which exceed those of like or simila. n1.4c use ai Wrts in the southwestern region of the
United Slates of America, then in such event, lessor shall have the right to require that Lessee
maintain in force types of insurance and/or amount of insurance as specified by State law.
Faire of Lessee to comply with the minimum specified amounts or types of Insurance as
• required by Lessor shall constitute Lessee's default of this Lease. • •
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XIII. INDEMNITY
LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS CITY AND ITS
AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM AND AGAINST ALL
LIABILITY FOR ANY AND ALL CLAIMS, SUITS, DEMANDS, AND/OR ACTIONS
ARISING FROM OR BASED UPON INTENTIONAL OR NEGLIGENT ACTS OR
OMISSIONS ON THE PART OF LESSEE, ITS AGENTS, REPRESENTATIVES,
EMPLOYEES, MEMBERS, PATRON'S, VISITORS, CONTRACTORS AND SUBCON-
TRACTORS, IF ANY, AND/OR SUBLESSEES, WHICH MAI' ARISE OUT OF OR
RESULT FROM LESSEE'S OCCUPANCY OR USE OF THE PREMISES ANDIOR
ACTIVITIES CONDUCTED IN CONNECTION WITH OR INCIDENTAL TO THIS
LEASE.
I HIS INDEMN'TIY PROVISION EXTENDS TO ANY AND ALI, SUCH CLAIMS,
SUITS, DEMANDS, AND/OR ACTIONS REGARDLESS OF THE TYPE OF RELIEF
SOUGHT IIIEREBY, AND WHETHER SUCH RELIEF IS IN THE FORM OF DAMAGES,
JUDGMEN'T'S, AND COSTS AND REASGNABLE ATTORNEY'S FEES AND EXPENSES,
OR ANY OTHER LEGAL OR EQUfTABLE FORM OF REMEDY. THIS INDEMNITY
PROVISION SILALL APPLY REGARDLESS OF THE NATURE OF THE INJURY OR
HARM ALLEGED, WHETHER FOR INJURY OR DEATH TO PERSONS OR DAMAGE
TO PROPERTY, AND WHETHER SUCII CLAIMS BE ALLEGED AT COMI►ION LAW,
OR STATUTORY OR CONSTITUTIONAL CLAIMS, OR OTHERIVISE. THIS
INDEMNITY PROVISION SHALL APPLY WIIETIIER TIIE BASIS FOR THE CLAIM,
SUIT, DEMAND, AND/OR ACTION MAY BE ATTRIBUTABLE IN %N TOLE OR IN PART
IO TIIE LESSEE, OR TO ANY OF ITS AGENTS, REPRESENTATIVES, EMPLOYEES,
MEMBERS, PATRONS, VISITORS, CONTRACTORS, AND SUBCONTRACTORS, IF
ANY, AND/OR SUBLESSEES, OR TO ANYONE DIRECTLY OR INDIRECTLY
EMPLOYED BY ANY OF THEM.
FURTHER, CII-Y ASSUMES NO RESPONSIBILITY OR LIABILITY FOR
HARM, INJURY, OR ANY DAMAGING EVENTS WINCH ARE DIRECTLY OR
INDIRECTLY ATTRIBUTABT..E TO PREMISE DEFECTS OR CONDITIONS %IIIICFI
• MAY NOW EXIST OR WHICH MAY HEREAFTER ARISE UPON THE PREAI ISES, ANY `
AND ALL SUCH DEFECTS BEING EXPRESSLY WAIVED BY LESSEE. LESSEE I r
UNDERSTANDS AND AGREES THAT THIS INDEMNITY PROVISION SHALL APPLY
TO ANY AND ALL CLAIMS, SUITS, DEMANDS, AND/OR ACTIONS BASED UPON OR
ARISING FROM ANY SUCH CLAIM ASSERTED BY OR ON BEHALF OF LESSEE OR
ANY OF ITS MEMBERS, PATRONS, VISITORS, AGENTS, EMPLOYEES, CONTRAC-
TORS AND SUBCONTRACTORS, IF ANY, AND/OR SUBLESSEES. G d
IT 1S EXPRESSLY UNDERSTOOD AND AGREED THAT THE LESSOR SHALL
NOT BE LIABLE OR RESPONSIBLE FOR THE NEGLIGENCE OF LESSEE AND/OR
Nan,r 10 Plyinu M--,,,,m Lm,c Aq,•cm♦nt - Ps9r 18
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SUBiLESSF.ES, ITS AGENTS, SERVANTS, EMPLOYEES AND CUSTOMERS. LESSEE
FURTHER AGREES THAT IT SHALL AT ALL TIMES EXERCISE REASONABLE
PRECAUTIONS FOR THE SAFETY OF, AND SHALL BE SOLELY RESPONSIBLE FOR
THE SAFETY OF ITS AGENTS, REPRESENTATIVES, EMPLOYEES, MEMBERS,
PATRONS, VISITORS, CONTRACTORS AND SUBCONTRACTORS, IF ANY, AND/OR
SUBLESSEES, AND OTHER PERSONS, AS WELL AS FOR THE PROTECTION OF
SUPPLIES AND EQUIPMENT AND THE PROPERTY OF LESSEE OROTIIER PERSONS.
LESSEE AND LESSOR EACH AGREE TO GIVE THE OTHER PARTY PROMPT
AND TIMELY NOTICE OFANY SUCH CLAIM MADE OR SUIT INSTITUTED WHICH
IN ANY WAY, DIRECTLY OR INDIRECTLY, CONTINGENTLY OR OTHERWISE,
AFFECTS OR MIGHT AFFECT THE LESSEE OR THE LESSOR. LESSEE FURTHER
AGREES THAT THIS INDEMNITY PROVISION SHALL BE CONSIDERED AS AN
ADDITIONAL REMEDY TO LESSOR AND NOT AN EXCLUSIVE REMEDY,
XIV. CANrELIATION BY LESSOR
All the terms, restrictions, covenants and conditions of record pertaining to the use and
occupancy of the Premises are conditions of this Lease and failure of the Lessee to comply with any
of the terms, conditions, restrictions, covenants and conditions of record shall be considered a default
of this Le3se, and u2on default, the Lessor shall have the right to invoke any one or all of the
fullowng remedies.
A, Should Lessee fail to pay the monthly rental amounts and/or fees prescribed in Article IV
hereof, such failure shall constitute a default of this I. ease, and Lessor may give written notice to
Lessee of Lessee's failure to pay and demand payment in accordance with the Lease terms. Should
Lessee fail to pay the monthly rental amount within twenty (20) days following receipt of written f
notice from Lessor, then Lessor may terminate this Lease.
B. In the event that Lessee fails to comply with any other terms, conditions, restrictions and
covenants pertaining to this Lease Agreement then in such event, Lessor shall give Lessee notice of
said breach, and requst Lessee to cure or correct the same. Should Lessee fail to correct said
• viclati-.-n(s) or breach within thirty (30) days following receipt of said notice, except that this thirty
(30) day period shall be extended for a reasonable period of time if the alleged default is not
reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure
the default, then Lessor shall have the rgghL to terminate this Lease.
C. In addition to tem-dnation of this Lease for the breach of teals and conditions herein, toe
A Lessor shall have the right to terminate this Lease for the following reason(s): Q 0
1. The Lease has reached the termination date of the original thirty (30) year term or any
extended term thereof.
Hanger Ir. Flying Nu_.erm Levan Agreement - Fsge 14
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2. In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in
bankruptcy shall be instituted against Lessee and Lessee thereafter is adjudicated
bankrupt pursuant to such proceedings, or any court shalt take jurisdiction of Lessee
and its assets pursuant to the proceedings brought under the provisions of any federal
reorganization act; or if a receiver shall take jurisdiction of Lessee and its assets
pursuant to procoedings brought under the provisions of arty federal reorganization act;
or if a receiver for Lessee's assets is appointed.
3. In the event that Lessee should make an assignment of this Lease, for any reason,
without the approval of and written consent from Lessor.
Upon termination or cancellation of this Lease and provided all monies due Lessor have been
paid, Lessee shall have the right to remove its personal property, provided such removal does not
cause damage to any part of the hangar, structure or improvements.
D. The Lessor shall have a lien as security for the rent aforesaid upon all goods, wares,
chattels, implements, fixtures, furniture, tools and other personal ptope.ty which are or may be put
or caused to be put on the demised premises by Lessee.
E. Upon termination ofthis Lease, Lessee shall remove all personal property from the demised
premises within thirty (30) days after said termination. If Lessee fails to remove its personal property
as agreed, Lessor may elect to retain possession of such property or may sell the same and keep the
proceeds, or may have such property removed at the expense of Lessee.
F. If Lessor has exercised its option to take title to fixed improvements as provided. Lessee
shall repair, at its own expense, any damage resulting, from said removal of personal property and
shall leave the leased premises in a neat and clean condition with all other improvements in place.
G. Failure of Lessor to declare this Lease terminated upon the default of Lessee for any of the
reasons set out shall not operate to bar, destroy or waive the right of Lessor to cancel this Lease by
reason of any subsequent violation of the terms hereof. The acceptance of rentals and fees by Lessor
for any period or periods after a default of any of the terms, covenants, and conditions herein
0 contained to be performed, kept and observed by Lessee shall not be deemed a waiver of any rights
on the part of the Lessor to cancel this Agreement for failure by Lessee to so perform, keep or
observe any of the terms, covenants or conditions hereof to be performed, kept and observed.
\V. CANC£LLATIM Fly LESSEE
• Lessee may cancel this agreement, in whole or part, and terminate all or any of its obligations • O
hereunder at any time, by thirty (30) days written notice, upon or after the happening of anyone of
the following events: (1) issuance by any court of competent jurisdicti.)n of a permanent'
* rwtion
HVU
in anyway preventing or restraining the use of said airport or any part thereof for airport purposes;
Nangar io nylna Kuseum Lsaas Agreement - rags 20
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(2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of
Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the
existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing for
a longer period than ninety (90) days due to any law or any order, rule or regulation of any
appropriate governmental authority having jurisdiction over the operations of Lessor or due to war,
earthquake or other casualty; or (4) the assumption or recapture by the United States Government,
or any authorized agency thereof, of the maintenance and operation of said airport and facilities or
any substanti.J psrt or parts thereof.
Upon the happening of any of the four events listed in the preceding paragraph, such that the
leased premises cannot be used for aviation purposes, then the Lessee may cancel this lease as
aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the
leased premises shall not be limited to aviation purposes, their use being only limited by such laws and
ordinances as may be applicable at that tune.
XVL MISCELLANEOUS PROVISIONS
A. ENTIRE AGRF_ENIENT. This agreement constitutes the entire understanding between
the parties and as of its effective dale supersedes all prior or independent agreements between the
parties covering the subject matter hereof Any change or modification hereof shall be in writing
signed by both parties.
13. BINDING EFFEC!. All covenants, stipulations and agreements herein shall extend to,
bind and inure to the benefit of the legal representatives successors and assigns of the respective par-
ties hereto.
C. EFFECT OF CONDEMNATION. if the whole o. any part of the leased premises shall
be condemned or taken by eminent domain proceedings by any city, county, slate, federal or other
authority for any purpose, then the term of this Lease shall cease on the part so taken from the day
the possession of that part sha11 be required for any purpose and the rent shall be paid up to that day,
and from that day, Lessee shall have the right to continue in the possession of the remainder of the
premises under the terms herein provided, except that the rent shall be adjusted to such amount as
• the parties hereto shall negotiate; but, under no circumstances shall the rent be greater than the rental
per square foot provided for herein. All damages awarded for such taking of and for any public
purpose shall belong to and be the property of Lessor. All damages awarded for such tasting of r
structures, improvements or businesses that were constructed by Lessee shall be reflective of their
value for the renrairrder of the lease term and be awarded to Lessee, the remainder to be awarded to
Lessor. fl
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D. S_EVLfLAI3ILITY. If a provision hereof shalt be finally declared void or illegal by any
court or administrative agency having jurisdiction, the entire agreement shall not be void; but the
H ~.nq r 10 F1y1 nq Rueeom L.>ea Ag"r~ent - rap! 21
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rernaining provisions shall continue in effect as nearly as passible in accordance with the original
intent of the parties.
E. NOTItCE. Any notice given by vae party to the other in connection with this agreement
shall be in writing and shat) be sent by registered mail, return receipt requested, whit postage mid
registration fees prepaid as follows:
I. If to lessor, addressed to:
City Manager
City of Denton
Denton, Texas 76201
2. If to Lessee, addressed to:
I langar 10 Flying Museum
Malt Wright, President
Phillip R. Edgington, Secretary-Treasurer
Gary Grubb, Trustee
5088 Sabre Lane
Denton Municipal Airport
Denton. Texas 76207
Notices shall be deemed to have been received on the date of receipt as shown on the return
receipt.
F. HEADINGS. The headings used ht this agreement are intended for convenience of
reference only wA do not define or limit the scope or meaning of any provision of this agreement.
G. tOV RN NG LAW AND VENUE. This agreement is to be construed in accordance with
the laws of the State of Texas and venue for its enforcement shall he in Denton County, Texas.
li. PARKIN . Lessor reserves the right to restrk4 and designate parking areas for all surface ~
vehicles on all areas of the Denton Municipal Airport, except the leased premises.
I AaOPNRY'S FEES. In any action brought to Lessor in which a conviction or iadgment
is awarded in favor of Lessor for the enforcement of the obligations of the Lessee, Lessor shall be
p entitled to recover all costs from Lessee, includ'utg attorney's fees, involved In the enforcement of this 0 0
Lease.
Xengec ro rlylug museum Lease Agreement - Pegs 21
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IN WITNESS WHEREOF, the parties havt executed this agreement as of the day and year first
above written.
CITY OF DENTON, TEXAS, LESSOR
BY:
TED BENAVIDES, CITY MANAGER
ATTEST:
F JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON, TEXAS
BY:
,
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
HANGAR 10 FLYUNG MUSEUM, LESSEE
O
BY:
PH LLIP K EDG► GT
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BY.~
GARY UBB
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THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument wes acknowledged before me on the day of May, 1997 by Ted
Benavides, City Manager.
NOTARY PUBLIC, STATE OF TEXAS
My Commi! :ion Expires:
THE TATE OF TEXAS §
COUNTY OF DENTON §
This instrumert was acknowledged before me on the day of May, 1997 by Phillip R.
Edgington, Banger 10 Flying Museum.
JUDD 8.
NOTARY PUBLIC 7 Y PUBLIC, STATE OF TEXAS
Stale of Texas
Comm. Exp 07•15-2D0o
rvb.w .
My Commission Expires:
1 THE. STATE OF TEXAS §
O COUNTY OF DENTON 9
This instrument was acknowledged before me on the Y day of May, 1997 by Gary Grubb,
hanger 10 Flying Museum.
JUDO 0. HOLT
• J~ NOTARY PUBLIC
` e State of Texas NOT PUBLIC, STATE OF TEXAS
J •a Comm, Exp'+7.1b2000
My Comnssion rv.pires:
Manger 10 rlyln; Museun Lease Agreeeenc - Cage 21
,7 rf/
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L ✓ 1 ~J!~erl1
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THE STATE OF TEXAS §
COUNTY OF DENTON §
This Instrument was acknowledged before me on the day of May, 1997 by Phillip R.
Sd>on, Secretary-Treasurer, Hanger 10 Flying Museum.
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF DENTON §
This 'vutnunent was acknowledged before me on the day of May, 1997 by Gary Grubb,
Trustee, Hanger 10 Flying Museum
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires: _
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tiangar 3o flying Husev tease Agtareaat - Page 25
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TRACT A
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE WILLIAM NEIL
SURVEY,ABSTRACT NUMBER 970, AND BEING A PART OF LOT ONE, BLOCK ONE, OF THE
SOUTHEAST AIRPORT ADDITION, IN THE CITY OF DENTON. DENTON COUNTY, TEXAS, AND FILED
FOR RECORD IN CAB. G,PG. 295. PLAT RECORDS OF DENTON COUNTY,TEXAS.
COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT ONE, BLOCK ONE.
SOUTHEAST AIRPORT ADDITION, OF WHICH THE NORTHWEST CORNER BEARS NORTH
08 DEGREES 36 MINUTES 21 SECONDS EAST A DISTANCE OF 1610.27 FEET,
THENCE NORTH 08 DEGREES 36 MINUTES 21 SECONDS EAST WITH THE WEST BOUNDRY
LINE OF SAID LOT ONE, BLOCK ONE, A DISTANCE OF 936.47 FEET TO A POINT IN THE WEST LINE
OF SAID SOUTHEAST AIRPORT ADDITION.
THENCE SOUTH 88 DEGREES 36 MINUTES 10 SECONDS EAST A DISTANCE OF 373.28 FEET TO AN
IRON PIN SET FOR THE NORTHWEST OF THE HEREIN DESCRIBED TRACT., SAID POINT ALSO BEING
THE NORTHEAST CORNER OF A 60 FEET ACCESS, DRAINAGE, AND UTILITY EASEMENT,AND THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 88 DEGREES 36 MINUTES 10 SECONDS EAST WITH THE SOUTH LINE OF A 130
FEET TAXIWAY. DRAINAGE, AND UTILITY EASEMENT A DISTANCE OF 180.00 FEET TO A IRON PIN
SET FOR THE NORTHEAST CORNER OF THE HEREIN DISCRIBED TRACT;
THENCE SOUTH Of DEGREES 23 MINUTES 50 SECONDS WEST A DISTANCE OF 180.00 FEET TO AN
IRON PIN SET FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, SAID IRON'PIN
BEING IN THE NORTH LINE OF 60 FEET ACCESS, DRAINAGE, AND UTILITY EASEMENT;
THENCE NORTH 88 DEGREES 36 MINUTES 10 SECONDS WEST WITH THE NORTH LINE OF SAID
ACCESS EASEMENT A DISTANCE OF 180.00 FEET TO AN IRON PIN SET FOR THE SOUTH WEST
CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 01 DEGREES 23 MINUTES 50 SECONDS EAST WITH SAID 60 FEET ACCESS
EASEMENT A DISTANCE OF 180.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 32400.00
SOUARE FEET,OR 0.7438 ACRES OF LAND.
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TRACT B
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE WILLIAM NEIL
SURVEY,ABSTRACT NUMBER 970, AND BEING A PART OF LOT ONE, BLOCK ONE, OF THE
SOUTHEAST AIRPORT ADDITION, IN THE CITY OF DENTON. DENTON COUNTY, TEXAS, AND FILED
FOR RECORD IN CAB. G,PG. 295. PLAT RECORDS OF DENTON COUNTY,TEXAS.
COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT ONE,' BLOCK ONE,
SOUTHEAST AIRPORT ADDITION, OF WHICH THE NORTHWEST CORNER BEARS NORTH
08 DEGREES 36 MINUTES 21 SECONDS EAST A DISTANCE OF 1610.27 FEET.
THENCE NORTH 08 DEGREES 36 MINUTES 21 SECONDS EAST WITH THE WEST BOUNDRY
LINE OF SAID LOT ONE, BLOCK ONE, A DISTANCE OF 936.47 FEET TO A POINT IN DIE WEST LINE
OF SAID SOUTHEAST AIRPORT ADDITION.
THENCE SOUTH 88 DEGREES 36 MINUTES 10 SECONDS EAST A DISTANCE OF 553.28
FEET TO AN IRON PIN SET FOR THE NORTHWEST OF THE HEREIN DESCRIBED TRACT. SAID P0I14T
ALSO LYING IN THE SOUTH LINE OF A 130 FEET TAXIWAY, DRAINAGE, AND UTILITY EASEMENT,
AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT
THENCE SOUTH 88 DEGREES 36 MINUTES 10 SECONDS EAST WITH THE SOUTH LINE OF SAID
TAXIWAY EASEMENT A DISTANCE OF 180.00 FEET TO AN IRON PIN SET FOR THE NORTHEAST
CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 01 DEGREES 23 MINUTES 50 SECONDS WEST A DISTANCE OF 180.00 FEET TO AN
IRON PIN SET FOR THE SOUTH EAST CORNER OF THE HEREIN DESCRIBED TRACT, AND LYING IN
THE NORTH LINE OF A 60 FEET ACCESS, DRAINAGE, AND UTILITY EASEMENT;
THENCE NORTH 88 DEGREES 36 MINUTES 10 SECONDS WEST WITH THE NORTH LINE OF SAID
ACCESS EASEMENT A DISTANCE OF 180.00 FEET TO AN IRON PIN SET FOR THE SOUTHWEST
CORNER OF THE INEREIN DESCRIBED TRACT;
THENCE NORTH 01 DEGREES 23 MINUTES 50 SECONDS EAST A DISTANCE OF 180.00 FEET TO AN
IRON PIN AT THE NORTH WESTCORNER OF THE HEREIN DESCRIBED TRACT AND THE POINT OF
BEGINNING AND CONTAINING 32400,00 SQUARE FEET OR 0.7438 ACRES OF LAND.
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TRACT C
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE WILLIAM NEIL
SURVEY,ABSTRACT NUMBER 970, AND BEING A PART OF LOT ONE, BLOCK ONE, OF THE
SOUTHEAST AIRPORT ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND FILED
FOR RECORD IN CAB. G,PG. 295. PLAT RECORDS OF 0£NTON COUNTY,TEXAS.
COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT ONE, BLOCK ONE,
SOUTHEAST AIRPORT ADDITION, OF WHICH THE NORTHWEST CORNER SEARS NORTH
08 DEGREES 36 MINI";ES 21 SECONDS EAST A DISTANCE OF 1610.27 FEET.
THENCE NORTH 08 DEGREES 36 MINUTES 21 SECONDS EAST WITH THE WEST BOUNDRY
LINE OF SAID LOT ONE, BLOCK ONE, A DISTANCE OF 936.47 FEET TO A POINT IN THE WEST LINE
OF SAID SOUTHEAST AIRPORT ADDITION.
THENCE SOUTH 88 DEGREES 36 MINUTES 10 SECONDS EAST A DISTANCE OF 733.28 FEET
TO AN IRON PIN SET FOR THE NORTHWEST OF THE 'HEREIN DESCRIBED TRACT. SAID POINT
BEING IN THE SOUTH LINE OF A 130 FEET TAXIWAY, DRAINAGE, AND UTILITY EASEMENT.AND
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 88 DEGREES 36 MINUTES 10 SECONDS EAST WITH THE SOUTH LINE OF SAID
TAXIWAY EASEMENT A DISTANCE OF 180.00 FEET TO AN IRON PIN SET FOR THE NORTHEAST
CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH Of DEGREES 23 MINUTES 50 SECONDS WEST A DISTANCE TO AN IRON PIN SET
FOR THE SOUTHEAST CORNER OF THE HERCIN DESCRIBED TRACT AND BEING IN THE NORTH
LINE OF A 60 FEET ACCESS, DRAINAGE.AND UTILITY EASEMENT; ,
THENCE NORTH 88 DEGREES 36 MINUTES 10 SECONDS WEST WITH THE NORTH LINE'OF SAID
ACCESS EASEMENT A DISTANCE OF 180.00 FEET TO AN IRON PIN SET FOR THE SOUTHWEST
CORNER OF THE HEREIN DESCRIBED TRACT
THENCE NORTH 01 DEGREES 23 MINUTES 50 SECONDS EAST A DISTANCE OF 180.00 FEET TO AN
IRON PIN IN THE SOUTH LINE OF SAID TAXIWAY EASEMENT AND THE POINT OF BEGINNING AND
CONTAINING 32400.00 SQUARE FEET OR 0.7438 ACRES OF LAND.
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LOT ONE BLOCK ONE
SOUTHEAST AIRPORT ADDITION
CAB. G, PAGE 295, PLAT RECORDS OF DENTON COUNTY
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60'ACCESS,DFWNAGE,AND UTILRY EASEMENT 24' ASPHALT PAVING
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Agenda No.
Agenda 1'em
Date
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: Contract for audit services and presentation of Proposal evaluation and recommendation
from staff and the Audit Committee
RECOMMENDATION:
It is recommended by staff and the Audit Committee that Deloitte and Touche, LLP be selected
to provide the professional audit services for the City of Denton.
SUMMARY:
1 he City of Denton contracts for professional services to obtain an independent audit of the
Comprehensive Annual Financial Report and the single audit of state and federal grants for the
three fiscal }ears ending September 30, 1997, 1998 and 1999 (with an option to renew for two
years). S submitted a Request for Proposal (RFP) and received four Proposals for evaluation.
Evaluation criteria was set forth in the (RFP) and four staff members reviewed the Proposals and
rated them based on this criteria. Upon completion the four ratings were combined to determine
the best qualified firm for recommendation to the Audit Committee. The Audit Committee was
presented with the evaluation comments and scores (included as backup for your review) and
recommend the selection of Deloitte and Touche, LLP.
PROGRAMS. DEPARTIIIENTS OR GBQIIPS AFFECTED:
Primary Group: Accounting, Finance, Treasury, Grant funded programs and Internal Audit.
Secondary Groups: Other financial support areas such as Information Services, Purchasing, and
Warehouse.
FISCAL IMPACT;
Fiscal impact for each of the years ending are:
1997 543,000 2000 S47,730
1998 $44,618 2001 549,400
1999 $46,266
Attachments•
1) Contract
2) Evaluation Comments and Tabulation
1 Respectfully submitted:
A 2n,_
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Prepared byy at DuBose
Susan Croft, CIA
Internal Auditor
A oved;
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Kathy DuBose
Executive Director of Finance
CNCLRPT.WPD
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77 F
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ORDINANCE NO.
i
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF PENTON AND DELOITTE AND TOUCHE LLP FOR INDEPENDENT AUDITS;
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, on behalf of the City, a Professional Services Agreement
For Auditing Services between the City of Denton and Daloitte and
Touch LLP for independent auditing services, a copy of which is
attached hereto and incorporated by reference herein.
SECTION II. That the expenditure of funds as set forth in the
Agreement are hereby authorized.
SECTION III That this ordinance shall becomo 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
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PROFESSIONAL SERVICES AGREEMENT
FOR AUDITING f,ERVICES
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into as of the clay of
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 "CITY") and Deloitte 6 Touche LLP, a Limited Liability
Partnership, with an office at 2200 Rose Avenue, Suite 1600,
Dallas, Texas, 75201 (hereinafter referred to as "AUDITOR") acting
herein, by and through their duly authorized representatives.
WHEREAS, CITY desires to engage AUDITOR to provide audit
services as herein defined; and
WHEREAS AUDITOR is willing to
provide such services to CITY;
NOW THEREFORE, in consideration of the promises and mutual
0 undertakings herein contained, the parties agree as follows:
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ARTICLE I
ENGAGEMENT OF AUDITOR
0 ! The CITY hereby contracts with AUDITOR, as an independent 0 O
contractor, and the AUDITOR hereby agrees to perform the services
herein in connection with the engagement as stated in the Articles
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 to be performed by
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Auditor are in connection with the engagement described in Article
II below.
ARTICLE II
SCOPE OF SERVICES
The AUDITOR shall perform the following services;
A. The AUDITOR will perform the annual audit of CITY's general
purpose financial statements. Such audit will be conducted in
accordance with generally accepted auditing standards;
Government Auditing standards, issued by the Comptroller of the
United States; the Single Audit Act of 1996; and the applicable
OMB Circular, Audits of State and Local Governments, and any
other applicable regulations as set forth by federal, state, or
local regulating bodies.
B. AUDITOR will issue a management letter to CITY reporting any
material weaknesses in CITY's internal accounting controls
discovered during the annual audits of CITY's financial
statements.
C. AUDITOR will perform the annual compliance audit of CITY's
federal financial assistance programs. Such audit will be
conducted in accordance with generally accepted auditing
standards; Government Auditing Standards, issued by the
Comptroller of the United States; OMB's Compliance Supplement
for Sing _g Audits of State and Local Governments; the
applicable OMB Circular, Audi s of State and Local Governments; i
i and AICPA Statement on Auditing Standard No. 63, Compliance f
Auditing Applicable to Governmental Entities and Other
Recipients of Governmental Financial Assistance, and any other
8 applicable regulations as set forth by federal, state, or local l~ •
J regulating bodies.
D. AUDITOR will perform all professional services as defined in
the Proposal document attached hereto as Exhibit W, which is
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incorporated by reference herewith; together with those
professional services outlined in the annual, officially
accepted and agreed-upon Engagement Letters to be attached as
Amendments Number One (1) through Five (5) hereto. These five
(5) amendments will be attached at the beginning of each annual
engagement.
E. During any fiscal year covered by this Agreement, CITY may
request AUDITOR tc provide services in addition to the services
provided hereunder. AUDITOR may, at its option, agree to
provide euch additional services upon terms and conditions as
mutual'v agreed upon and outlined in Appendix A. Rates in
Appendix A reflect the first fiscal year (1996-97) rates.
These rates will be adjusted annually using the Consumer Price
Index for the Dallas metroplex for March of each year. March
1997 CPI will be used as the base year.
ART IC E III
DURATION OF AGF:EEMENT
This Agreement for audit services, as specified herein, for the
financial statements of CITY pertains to CITY's fiscal years ending
September 30, 1997, September 30, 1998, and September 30, 1999;
and, if CITY exercises its option pursuant to Article VI, CITY's
fiscal years ending September 30, 2000 and September 30, 2001.
This Agreement may be sooner terminated in accordance with the
provisions hereof. If the CITY exercises the two option years, the
• extension shall be considered part of this Agreement. This
extension will be documented by the CITY's receipt and official
written acceptance of the annual engagement letter for the fiscal
years ending September 30, 2000 and September 30, 2001.
ARTICLE IV O O
J COMPLETION OF SERVICES
AUDITOR's financial and compliance audit work shall be
completed no later than December 23, after the CITY's fiscal year
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end. The City's Comptroller should be able at this time to begs-!
pre?aration of the Comprehens_ve Annual Financial Report. ("CAFP.").
The CAFR should be available for print by the 3rd Monday in January
following the end of the latest fiscal year. AUDITOR's completion
of the compliance and audit work for the CITY is subject to
availability of the CITY's records. The AUDITOR shall make all
reasonable efforts to complete the services set forth herein as
expeditiously as possible, and to meet the schedule established by
CITY, acting through its City Managor or his designee.
ARTICLE
RESPONSIBILITIES OF CITY
CITY understands that the proper and timely completion of
AUDITOR's services hereunder require the reasonable cooperation of
CITY (inciod'ng, without limitation, its agencies, and their
respective officers, directors, employees, other personnel and
agents). CITY agrees to provide all such reasonable cooperation
requested by AUDITOR, including, without limitation, the following:
A. Access to, and/or copies of, CITY's books and records;
B. Access to CITY personnel;
C. Office space and access to support services such as copying and
telephone;
D. Written representations from CITY's attorneys, both internal
and external; the latter may bill CITY for such services;
E. Written representations from CITY about the financial
statements and other matters; and
F. Closing of. CITY's books and records of account in accordance
with laws, regulations and professional standards applicable to r
the services provided hereunder.
CITY agrees with the provisions contained in the engagement
6 letters for each of the fiscal years, as will be attached in • •
Amendments One (1) through Five (5) at the beginning of each annual
engagement.
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ART-hu V I
RENEWAL
CITY may request renewal of this Agreement for two additional
one-year periods for CITY's fiscal years ending September 's0, 2000
and September 30, 2001. CITY shall exercise its reaew l option for
the one year period ending September 0, 2000 by March CITY shall exercise its renewal option for the one year period
ending September 30, 2001 by March 31, 2000. If CITY does not
elect to exercise said option for renewal of this Agreement for
said two additional one year periods, then CITY and AUDITOR agree
that CITY may then issue requests for proposals for the fiscal
years ending September 30, 2000 and September 30, 2001.
aQmrrr,F VII
COMPENSATION
A. CITY shall pay AUDITOR for time charges and expenses incurred.
AUDITOR'S standard hourly rate varies according to the degree of
responsibility involved and the experience level of the personnel
assigned to CITY's audit. Except as provided hereunder, AUDITOR's
fees for the performance of the services described in Article II
for the fiscal years ending September 30, 1997, 1998, 1999; and if
applicable, option years 2000 and 2001, shall not exceed these
respective amounts: $43,000 for 1997; $44,618 for 1998; $46,266 for
1999; and if applicable, $47,730 for option year 2000; and $49,400
. for option year 2001.
H. CITY and AUDITOR recognize that the scope of services and r
compensation under this Agreement are predicated upon (i) current
audit requirements imposed by laws, regulations and professional
standards relating to such services; (ii) expectations of
reasonable cooperation with AUDITOR by CITY pursuant to this e
Agreement; and (iii) the absence of any irregularities or
circumstances which might necessitate the extension of audit
services beyond the normal scope of auditing services.
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C. Should (i) irregularities; (ii) the absence of such reasonable
cooperation; (iii) increase in the level of services required under
applicable laws, regulations or professional standards; or (iv)
other unforeseen conditions be encountered which might necessitate
the extension of auditing work beyond the scope of normal auditing
procedures, AUDITOR agrees to advise CITY promptly in writing of
the circumstances and to request an equitable adjustment in the
maximum fee before significant additional time is incurred by
AUDITOR. Any such requests for adjustments shall be in writing and
shall contain an explanation of why the adjustments are necessary.
D. CITY and AUDITOR agree to negotiate in good faith to determine
an equitable adjustment in the maximum fee. Should CITY and
AUDITOR be unable to agree upon an equitable adjustment within
fourteen (14) days of AUDITOR's written request, or such other time
period as agreed upon in writing by CITY and AUDITOR, either party
may, notwithstanding any other provision in this Agreement,
terminate this Agreement upon thirty (30) days written notice to
the other party. CITY shall be liable for time charges and
expenses actually incurred by AUDITOR except for any such
additional time and expense which has been incurred as a result of
the circumstances necessitating the adjustment.
ARTICLE VIII
BILLING AND PAYMENT
A. A' OITOR shall submit periodic detailed itemized invoices for
t` ie charges and expenses incurred as the services hereunder
are performed. Such invoices are payable upon presentation.
CITY will be in material breach of this Agreement if CITY's
account becomes ninety (40) days or more overdue. AUDITOR may,
{ at its sole option and without waiver of any rights pursuant to
• 1 the termination provision in this Agreement or otherwise,
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J suspend its services and resume them upon receipt from CITY of
the full amount due AUDITOR which has been submitted by invoice
to CITY.
B. Partial payments to the AUDITOR will be made on the basis of
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detailed itemized statements rendered to and approved by the
CITY through its City Manager or his designees; however, under
no circumstances shall any statement for services exceed the
value of the work performed by AUDITOR at the time a statement
is rendered.
C. Nothing contained in this Article shall require the CITY to pay
for any work which is not submitted in compliance with the
terms of this Agreement. CITY shall not be required to make
any payments to the AUDITOR when AUDITOR is in material default
under this contract for more than 30 days after receipt of
written notice of such default from CITY.
D. It is specifically understood and agreed that AUDITOR shall not
be authorized to undertake any work pursuant to this Agreement
which would require additional payments by the CITY for any
charge, expense or reimbursement above the maximum not to
exceed fee as stated without first having obtained written
authorization from the CITY.
ARTICLE IX
OWNERSHIP OF WORKPAPERS, DOCUMENTS, AND PROPERTY
A. All workpapers of AUDITOR shall remain the property of AUDITOR.
In addition, to the extent that AUDITOR utilizes any of its
property (including, without limitation, any hardware or
software of AUDITOR or any proprietary or confidential
information or trade secrets of AUDITOR) in performing the
services hereunder, such property shall remain the property of
• AUDITOR, and CITY shall acquire no right or interest in such
property.
B. Except for the workpapers and other documentation described in
Article Ix A. above, all documents prepared or furnished by the
AUDITOR for delive.y to CITY pursuant to this Agreement are
• instruments of service and shall become the property of the • •
CITY upon the termination of this Agreement, and full and final
payment of all undisputed amounts owed AUDITOR hereunder. The j
AUDITOR is entitled to retain copies of all such documents.
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ARTICLE X
INDEPENDENT CONTRACTOR
AUDITOR shall provide services to CITY as an independent
contractor, not as an employee of the CITY. AUDITOR shall not have
or claim any right arising from employee status.
ARTICLE XI
INDEMNITY PROVISION
AUDITOR shall indemnify and save and hold harmless the CITY 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 CITY in each case solely for injury, death and
physical damages to real or tangible personal property to the
extent resulting from the negligent acts or omissions of the
AUDITOR or its officers, partners, agents, or employees in the
execution, operation, or performance of this Agreement; except that
the indemnity provided for in this Article shall not apply to any
liability resulting from the sole negligence of CITY, its officers,
agents, employees or separate contractors, and in the event of
joint and concurrent negligence of both AUDITOR and CITY,
responsibility, if any, shall be apportioned comparatively in
accordance with the laws of the State of Texas.
As a condition to the foregoing indemnity obligation, CITY
• shall provide AUDITOR with prompt notice of any claim for which
indemnification shall be sought hereunder and shall cooperate in
all reasonable respects with AUDITOR in connection with any such
claim. AUDITOR shall be entitled to control the handling of any
such claim, with full disclosure of any and all claims, and actions
• taken thereunder, to the CITY; and AUDITOR shall be entitled to 0 0
J defend or settle any such claim, in its sole discretion, with
counsel of its own choosing.
Nothing in this Agreement shall be construed to create a
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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 XII
INSURANCE
During the performance of the Services under this Agreement,
AUDITOR shall maintain, throughout the duration of this Agreement,
the following insurance:
A. Professional Liability Insurance with policy limits of not less
than $1,000,000 annual aggregate, with respect to negligent
acts, errors, or omissions in connection with the professional
services performed by AUDITOR pursuant to this Agreement.
B. AUDITOR shall furnish insurance certificates or insurance
policies at CITY's request to evidence such coverage. The
insurance policy shall contain a provision that such policy
shall not be cancelled or modified without thirty (30) days
prior written notice given by the Insurance carrier to CITY and
AUDITOR. In the event of cancellation or non-renewal of such
coverage, AUDITOR shall, prior to the effective date of the
non-renewal or cancellation, deliver to CITY a Certificate of
• j Insurance evidencing that a substitute policy furnishing the i
same coverage is in full force and effect. I
ARTICLE X III
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
J 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 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 XIV
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
effected 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 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-
vices to be provided hereunder, AUDITOR shall immediately cease
all services and shall render a final bill for services to the
CITY within 30 days after the date of termination. The CITY
shall pay AUDITOR for all services rendered and satisfactorily
1 performed and for reimbursable expenses incurred prior to the
date of termination in accordance with the terms of this
i
• Agreement. Should the CITY subsequently contract with a new
AUDITOR for the continuation of services on the audit
engagement, AUDITOR shall reasonably cooperate in providing
information in accordance with, and to the extent required by,
applicable professional standards. The AUDITOR shall turn over
• all documents prepared or furnished by AUDITOR for delivery to R O •
J CITY pursuant to this Agreement to the CITY on or before the
date of termination, but may maintain copies of such documents
for its files.
PAGE 10
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ARTICLE XV
SUBCONTRACTING
Neither this Agreement, nor the audit services to be provided
hereunder may be assigned or subcontracted without the prior
written approval of CITY.
ARTICLE XVI
RETENTION OF AND ACCESS TO RECORDS
For a period of five years after the date of AUDITOR's report
on any audit completed hereunder, upon reasonable written notice to
AUDITOR and CITY, representatives of the cognizant audit agency (or
its designee), the Texas state auditing agency and the United
States General Accounting Office shall be entitled during AUDITOR's
regular business hours during the said five year period to inspect
and designate for copying AUDITOR's audit workpapers relating to
such completed audit. Copies will be made at CITY's or requestor's
expense by, or under the control of, AUDITOR.
ARTICLE MII
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 a.
the address shown below, certified mail, return receipt requested
i unless otherwise specified herein.
r
i
To AUDITOR: To CITY:
Deloitte & Touche, LLP City of Denton, Texas
2200 Rose Avenue ATTN: Ted Senavides
• Suite 1600 Title: City Manager
Dallas, Texas 75201 215 E. McKinney •
J Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party
f
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to whom such notice is given-
X1111 C~
EN IRE AGREEMENT
This Agreement, including all Exhibits and Amendments annexed
hereto and made a part hereof, constitutes the entire agreement
between the parties hereto with respect to the subject matter
hereof and supersedes all other oral or written representations,
understandings or agreements relating the subject any hereof.
Neither party shall be bound by the provisions of
or other written terms and conditions subsequent to the date of
this Agreement relating to the subject matter hereof unless such
additional terms and conditions are made effective pursuant to the
Amendments subsection of this section.
ARTSrrF XIX
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
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 enforceable provision
which comes as close as possible to expressing the intention of the
stricken provision.
ARTICLE XX i
COMPLIANCE WITH LAWS
The AUDITOR shall comply with all federal, state, local laws,
rules, regulations, and ordinances applicable to the professional
• • O
services performed pursuant to this Agreement, as they may now read
or may hereafter be amended.
PAGE 12
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i ART-ISLE XXI
EMPLOYMENT PRACTICES/DISCRIMINATION PROHIBITED
In performing the services required hereunder, AUDITOR shall
not discriminate against any person on the basis of race, color,
religion, sex, national origin or ancestry, age, or physical
handicap. AUDITOR agrees that in connection with the services to
be provided to CITY hereunder that it will comply with all
applicable laws and regulations regarding employment
discrimination.
ARTICLE XXII
PERSONNEL/CONFLICTS OF INTEREST
A. AUDITOR represents that it has or will secure at its own
expense all professional and support personnel required to
perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, nor have any
contractual relations with CITY. AUDITOR shall inform the CITY
of any conflict of interest under the professional standards of
the AICPA or the Texas State Board of Public Accountancy that
may be discovered or arise during the term of this Agreement.
B. All services required hereunder will be performed by AUDITOR.
All personnel engaged in work shall be qualified, and shall be
authorized and permitted under state and local laws to perform
such services.
O
ARTICLE XXIII
ASSIGNABILITY
AUDITOR shall not assign any interest in this Agreement and
A shall not transfer any interest in this Agreement (whether by • •
assignment, novation or otherwise) without the prior written
consent of the CITY.
PAGE 13
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ARTICLE XXIV
MODIFICATION OR AMENDMENT
A. No waiver or modification of this Agreement or of any covenant,
condition or 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 parties
hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, 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.
S. No amendment of this Agreement shall be valid unless in writing
and signed by both parties.
ARTICLE XXV
FORCE MAJEURE
Notwithstanding any other provision in this Agreement, AUDITOR
shall not be liable or held responsible for any failure to perform
or delays in performing its obligations under thin Agreement,
including but not limited to, the completion of the audit and
issuance of its report thereon, which result from circumstances or
causes beyond AUDITOR's reasonable control, including, without
limitation, acts or omissions or the failure to cooperate pursuant
• to this Agreement by CITY (including, without limitation, entities
or individuals under its control, or any of their respective
officers, directors, employees, other personnel and agents), fire
or casualty, act of God, strike or labor dispute, war or other
violence, or any law, order or requirement of any governmental
•
agency or authority. • ~
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ARTIC~LE~%I
MISCELLANEOUS
A. Venue of any suit or cause of action under this Agreement shall
lie exclusively in Denton County, Texas. This Agreement shall be
governed by and construed in accordance with the laws of the State
of Texas.
appropriate engagement, AUDITOR shall
B, in accomplishing
work involvedawithcrelated
as are apppp Q
work being carried on by CITY.
C. CITY shall assist AUDITOR by placing at the AUDITOR's disposal,
including
all available information Iertinent to the engagement,
previous reports, any other data relative to the engagement, and
arranging for the access to, and making all provisions for tae
AUDITOR to enter in or upon, public and private property
required for the AUDITOR to perform services under this Agreement.
D. The headings r,f this Agreed enaffect for
thel substantive l purposeosr
only and shall not in any way
conditions of this Agreement.
E. Each party represents that it is authorized to enter into this
Agreement and that is individual
enter executing hthis Agreement on
behalf of the party,
IN WITNESS WHEREOF, the City of Denton, Texas has caused this
Agreement to be executed by its duly authorized City Manager; and
AUDITOR has executed this Agreement by and through its duly
day of
authorized undersigned Director on this the
1997.
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17
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"CITY"
CITY OF DENTON, TEXAS
BY:
Ted Benavidea, city manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:`
"AUDITOR"
DELOITTE & TCUCHE, LLP
By:
Terry Yile, Director
ATTEST:
s
1 A:UUDITSER.R
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use......-.._..... a
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External Audit Rating - List of Strengths and Weaknesses
by Category and Firm
f
Category A: Experience, geralifications and professional activities as they relate to :
Electric Utility
Information Systems and Technology
Federal Funding Requirements (Single Audit) (SO Points Possible)
Deloilte & Touche tat Arthur Andersen (42) KPMG 08) Weaver & Tidwell (u)
Strengths: Strengths: Strengths: Strengths:
- Partner chairs the - Has strongest use of - Information Risk - Has smallest TMPA
AICPA Government technology and offers Management Specialist to member city
Accounting and Auditing 104% testing on some evaluate system integrity
Committee items and controls
- Currently audits other - Offers a utility
I MPA member City, and consultant to be available
utility auditing industry is
one of seven largest
industries for D&T
- Did Bryan Utility Rating
Study
- Gave all information and
comments on peer review
- With new partner on
engagement gives us
partial rotation but allows
us access to previous
partner's expertise -
Weaknesses: Weaknesses: Weaknesses: Weaknesses:
- Did not elaborate on - No current municipal - Does not state that they - Has limited electric
Utility strengths or list owned electric client currently have a municipal utility experience noted
other individual clients utility client - Only has one client our
! - Use of or attention to - Participation in city size or larger
information systems is not government organizations - Only 29 government `
as strong as other firms was not as prominent as related staff '
other firms - Participation in City
government organizations
not as prominent as other
• firms
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External Auditor rating - Strengths and weakness (continued)
Category B. Cost - Cost and value of service provided (10 Points Possible)
Deloitte & Touche (to) Arthur Andersen (9) KPMG (12) Weaver & Tidwell (16)
Strengths: Strengths: Strengths: Strengths:
- Lowest Cost - Offers use of full 200 - Offers discount through - Second lowest cost
- Lowest cost per hour and hours by internal auditor use of internal auditor at - Second best cost per
more hours devoted staff rate hour
- Value internal auditor at
staff level
- Offer to use maximum
internal auditor time if
made available
Weaknesses: Weaknesses: Weaknesses: Weaknesses:
- Most expensive - Highest per hour cost
- Offers least discount for - 2nd most expensive
internal auditor's wnices service
Category C. Responsiveness: Understanding of work, terms and conditions, scheduling needs,
completeness and thoroughness of technical data and documentation (10 Points Possible)
Deloitte & Touche (14) Arthur Andersen (1s) KPMG ps) Weaver & Tidwell (1o)
Strengths: Strengths: Strengths: Strengths:
- Covers several upcoming - Will require minimum - Will require minimum - Offers 750 hours
standards and statements Prepared by Client work Prepared by Client work
that will affect the City in papers thus requirirg less papers thus requiring less
the current and upcoming of staft's time of staffs time
years - Offers two consulting
- Offers 782 hours professionals with City
background
Weaknesses: Weaknesses: Weaknesses: Weaknesses:
- Did not list specific - Asked for draft of CAPR - Only specified 600
• dates for end of fieldwork at beginning of fieldwork hours - Wanted intemal auditor
- Asked for O/S comfort - Asked for 0/S comfort to do all preliminarywork
letter letter in only 80 hours
- Hours spread of 650-750 - Noted presents
was a concern as to management letter draft to
thoroughness of review of audit committee instead of
® needs and --urrent issues management for review •
and response
- Has 125 professionals
with only 29 related to
government
2 *ko
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External Auditor rating - Strengths and m,eakness (continued)
Calegoty D: Commitment to Governmental Accounting and Auditing Including knowledge of current
issues and concerns, membership in City or local government organizations, and CPE
Training for client staff (10 Points Possible)
Deloitte & Touche (9) Arthur Andersen (9) KPbfG (6) Weavcr & Tidwell (a)
Strengths: Strengths: Strengths: Strengths:
- Partner is chairperson of - Offers monthly - Mentioned the year 2000 - Associate members of
and AICPA Committee publication of government and plan to support client GFOA
and on review committee newsletter - All City personnel can
for GASH updates - Appropriate personnel attend local training
- Strong participation in will be asked to attend - Offers training specific to
GFOA and GFOAT and training concerning the implementation of GASH
TML application of GASH 17 17
- Specifically offers
training for internal auditor
and staff and did not limit
training availability
Weaknesses: Weaknesses: Weaknesses: Weaknesses:
- Did not list how much - Limited training to 3 - GASH 17 - Only offers 2 one-day
training would be available individuals implementation support seminars for City training
- Did not specifically was offered if it fell within - Government related staff
address GASH 17 the current budgeted hours, is at 29 availability of
we can only assume it adequate and timely
would cost extra for support is questioned
additional support - Participation in City
- Did not specify how government organizations
much training would be not as prominent as other
available firms
1 - Participation in city
government organizations
• was not as prominent as
other firms
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•
External Audit Analyeis
Overall Ratings 14 Raiersj
O&T AA kPMG Weaver 'Total
D !0 36 49 83 227
C 57 69 d! 39 214 1
D 35 34 i 25 25 119
Total 347 294 284 258 1,183 1
Overall Ave?age Ratings mitaters)
8 20 9 12 18 I_ 57_ 20
C 14 15 Id 10 54
20
j
9 9 . ' E
D
30 10
Total by 74 71 8 6 65 29296 100
Hence, ua i Ica roes, rofessiona! acSivitiPs as the relate to Electric, LS. & Sin le Audit
C 6 Overall Cost and cost per hour Charged
C Responsiveness to RFP terms, conditions, scheduling reeds, technical data, and documentation
D Commitment to Govt Accting and Auditing: Ynowledge of current issues, Membership,
t f PE lraini offered
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APPENDIX A
Appendix A" is the Proposal document submitted by Deloittc and Touche,
LLP. It is available for your review in the Internal Auditor's office. If
you %vish to review this document, please contact Susan Croff a extension
566-8212.
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Agenda No.-9 -019
Agenda Item
Date
M E M O R A N D U M
TO: Mayor and Members of the City Council
FROM: Ted Benevides, City Manager
RE: Resolution approving a Right-of-Way Use Agreement
between the City of Denton and Joseph E. Cripps
DATE: May 4, 1997
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the
agreement (5-0).
SUMMARY:
There hes been no opposition to this agreement.
BACKGROUND:
This right-of-way use agreement is an alternative to abandonning
right-of-way that allows the City to retain the right to future
use of the property. The agreement would allow Joseph Cripps,
owner of 207 North Elm, to place an exterior staircase and small
HVAC units in the right-o£-way next to his building. The right-
of-way in question is a nine and a half foot wide strip between
the exterior edge of the building and the inside of the curb.
Building codes require a secondary means of egress from the
second and third floors of the building. Because of the interior
layout and construction of the building, it is not feasible to
add another staircase inside the structure. An exterior staircase
is necessary to make the third floor useable. Because the
building is on the edge of the property line, the right-of-way is
• the only place an exterior staircase can be added.
Mr. Cripps agrees to bear the cost of adding a sidewalk that
would cover the entire area from the edge of the building to the
curb.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
• Main Street, Engineering • •
FISCAL IMPACT:
None.
C. ,
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Please advise if I can provide additional information.
Respectfully submitted:
I
Ted Benevides
City Manager
Prepared by:
~~9~U
Denisha Williams
Main Street Manager
Attachment #1: Resolution
Attachment 42: Right-of-Way Use Agreement
Approved by:
.
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Linda Ratliff ,
Director of Econo is Development
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Ci\DOCS\RES\CRIPPS.RES
RESOLUTION NO.
A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE
CITY OF DENTON AND JOSEPH E. CRIPPS; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTIQN I• That the City Council of the City of Denton hereby
approves a Right-Of-Way Use Agreement between the City of Denton
and Joseph E. Cripps, a copy of which is ot:tached hereto and
incorporated by reference herein, and the City Manager is hereby
authorized to execute said agreement on behalf of the City.
SECTION II. That this resolution shall bscove effective
immediately upon its passage and approval.
PASSED AND APPROVED this the _ day of , 1991,
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
I
APPROVED AS TO LEGA:. FORM:
HERBERT L. PROUTY, C:TY ATTORNEY
• BY:
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THE STATE OF TEXAS $
RIGHT-OF-WAY USE AGBEEMF, NT
COUNTY OF DENTON S
That the City of Denton, hereinafter referred to as "City" does
consent and agree to permit 5 f. , hereinafter referred
to as "Applicant", to use a r ht-of-wa dedicated to city, such
right-of-way being described in Exhibit No. i attached hereto, for
the purposes of C~fi' ~Wa 1✓Ac, i upon the
following conditions
I.
That APPLICANT, his successors or assigns shall maintain and
keep in sightly condition all of the right-of-way area and the
improvements situated thereon; and that CITY shall not become
responsible for such maintenanco at any time in the future.
II.
That APPLICANT shall and does hereby agree to indemnify and
hold harmless CITY from any and all damages, loss or liability of
any kind whatsoever by reason of injury to property or third person
occasioned by its use of the right-of-way or act of omission, ne-
glect or wrongdoing of APPLICANT, his officers, agents, employees,
invitees or other persons, with regard to the improvements and
maintenance of such improvements; and the APPLICANT shall, at his
own cost and expense, defend and protect CITY against any and all
such claims and demands.
III.
That APPLICANT shall purchase and maintain Commercial General
Liability insurance naming the CITY as an "additional insured" for
damages arising from the construction and maintenance of the im-
provements authorized above with a limit of not less than
• $250,000.00 for each person and $500,000.00 for each single
occurrence for bodily injury or death and $100,000.00 for each
single occurrence for injury to or destruction of property. r
IV.
That APPLICANT shall arrange for all activities and improve-
6 ments in the right-of-way to be discontinued and/or removed, at the
direction of CITY, within thirty (30) days of notification by CITY, I • •
that the City Council has directed the use of the right-of-way by
the APPLICANT be discontinued; and the cost associated with the
discontinuing of such activities, and the removal of such improve-
ments, as well as property adjacent to the right-of-way neces-
sitated by such discontinuation of the right-of-way use, shall be
borne by the APPLICANT.
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V.
That APPLICANT, his successors or assigns shall not seek com-
pensation from CITY for loss of the value of the improvements made
hereunder when such improvements are required to be removed by
APPLICANT.
VI.
This Agreement shall be filed of record in the Deed Records of
Denton County, Texas, and shall bind all future owners of this lot
and shall for all purposes be considered a covenant running with
the land,
VII.
That the applicant shall not place any structures in the right-
of-way which extend more than four and a half feet from the
exterior wall of the building at 207 North Elm.
VIII.
That, in consideration for the use of the right-of-way, the
applicant shall construct a sidewalk along Pecan Street; the
sidewalk shall cover the full width from the curb to the building
wall, with the exception of areas immediately adjacent to the wall
that may be reserved for landscaping. The design of the sidewalk
shall be approved by the City of Denton Engineering Department.
IN TESTIMONY WHEREOF, APPLICANT executes this Right-of-Way
Use Agreement on this day day of 1997.
• I
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CITY OF DENTON '
BY / v, 9'1Jf4
BY
• O
• CITY MANAGER LI lfl
PAGE 2 s
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Exhibit No. 1
Description of Right-of-Way: An area nine and a half feet wide
and 120 feet long, adjacent to the property located at 207 North
Elm, Block h, Lot 1, of the original Town of Denton, Texas.
Right-of-way adjoins the north exterior wall of the building
at 207 North Elm and extends to the interior of the curb
bordering the south side of Pecan Street.
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Agenda No,_ ,.9!7- O /9
WD Agenda Item
Date -49,1
CITY of DENTON, TEXAS MUNICIPAL 80LDING# 215 E. McKiNNEY ~ DENTON, TEXAS 76201
(817) 566-6200 DFW METRO 434-2529
MEMORANDUM
DATE: May 20, 1997
TO: Mayor and Members of the City Council
FROM: Ted Benavides
City Manager
SUBJECT: Texas Natural Resource Conservation Commission
(T. N. L.C.C.)
Recommendation:
The Airport Advisory Board and City staff recommend approval of the
resolution granting the T.N.R.C.C. license for an air pollution
monitoring station.
Background:
In May 1993, the City Council granted the Texas Air Control Board
(now the T.N.R.C.C.) a license to operate an air pollution
monitoring station. Currently, the monitoring station is located
near existing hangars which interfere with the station's operation.
The T.N.R.C.C. has requested that they be allowed to move the
monitoring station to a location on airport property that would not
be adjacent to existing hangars.
Summary:
Approval of this resolution would allow the T.N.R.C.C. to move the .j
station to a new location at the south-end of the airport. !
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"Dedicated ro Quality Sendce"
n a -
.y.,. a; Ely;
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Transmittal Memorandum
Texas Resource Conservation Commission
May 20, 1997
Fiscal Impact:
None.
Please let me know if you have any questions regarding this matter.
RESPECTFULLY SUBMITTED:
Ted Benavides
City Manager
PREPARED BY:
D
Linda Ratliff
Director of Economic Development
ABBDOSC~
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RESOLUTION NO,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION (T.N.R.C,C.) GRANTING A LICENSE TO THE TEXAS
NATURAL RESOURCE CONSERVATION COMMISSION (T.MR.C.C.) FOR AN AIR
POLLUTION MONITORING STATION; AND PROVIDING AN EFFECTIVE DATE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION . That the City Manager is authorized to execute an agreement between the City
of Denton and the Texas Natural Resource Conservation Commission (T.N.R.C.C.), a copy of
which agreement is attached hereto and incorporated herein by reference.
SECTION II, That this resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 1997.
JACK MILLER, MAYOR
AT TEST:
JFNNWER WALTERS, CITY SECRETARY
CITY OF DENTON, TEXAS
BY: _
r
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, Cif Y ATTORNEY
CITY OF DENTON, TEXAS
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FIY:~~ c~
tnram.wpd
7, 7
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ORIGINAL
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That the City of Denton, a municipal corporation in Denton County, Texas, acting herein by and
through its duly authorized City Manager, hereinafter called "City" and Texas Natural Resource f
Conservation Commission (T.N.R.C.C.), an agency of the State of Texas, acting herein by and
though its duly authorized Regional Manager, hereinafter called "T,N.R C.C. or Licensee", hereby
make and enter into the following agreement.
I.
City hereby grants unto Licensee a revocable license and privilege to use and occupy a parcel
of land, a part of Denton Municipal Airport in Denton, Denton County, Texas, as shown on the
attached Exhibit "A" which is hereby incorporated herein by reference and made a part hereof.
II.
The term of this agreement shall be ten (10) years beginning on May 1, 1997 and ending on April
30, 2007; provided however, that either the City or Licensee shall have the right to cancel this
agreement by delivering written notice of such cancellation thirty (30) days before the effective date
of such cancellation to the other party listed below:
LICENSEE: Melvin Lewis, Regional Manager
Texas Natural Resource Conservation Commission
l 101 East Arkansas Lane
Arlington, Texas 76010
CITY: Ted Benavides, City Manager
City of Denton, Texas
215 East McKinney
Denton, Texas 76201
i
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Licensee recognizes that the City of Denton reserves the right to develop any and all land on the
Airport. The City will not be held liable for the effects of current or future development which may '
cause the inaccuracy of the Air Pollution Monitoring Station.
IV.
® Licensee agrees to use the said land only for an air pollution monitoring station. Licensee O
1 recognizes that said land is part of the Municipal Airport of the City of Denton and agrees that any
JJJ Texas Natural Resource Conservation Commission License Agrocment - Page I
mrcclse apd
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improvements erected or install ed and all activities conducted thereon shall be in strict compliance {
with all regulations and requirements of the Fedend A%i6on Administration and all applicable federal,
state and local laws, statutes, charters and ordinances.
V.
T.N.R.C.C. acknowledges that it is not an agent, servant, or employee of the City, and that it
is responsible to the extent provided by the Texas Tort Claims Act for its own acts and deeds and for
those of its agents, servants, or employees during the term of this license.
Vl.
Licensee agrees to pay the City as consideration for the use of said land the sum of One Dollar
($1.00) per year, the receipt and sufficiency of which is hereby acknowledged.
EXECUTED at Demon, Denton County, Texas, this the day of 1997.
CITY OF DENTON TEXAS NATT'RAL RESOURCE
CONSERVATION COMMISSION
BY: BY: &2,
TED BENAVIDES, CITY MANAGER MtLVIN LEWIS, REGIONAL MANAGER
ATTEST:
JENNI>:ER WALTERS, CITY SECRETARY
CIT% OF DENTON, TEXAS ATTEST:
BY: BY:
•
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
CITY OF DENTON, TEXAS
•
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Texas Natural Resource Consersation Commission License Agreement • Page 2
tnrcclse Wpd
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Agtnda No..
Agenda item _ ~s--
Date 7
CITY COUNCIL REPORT
DATE: May 20, 1997
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TED BF.NAVIDES, CITY MANAGER
SUBJECT: CONSIDER APPOINTMENT TO THE BOARD OF DIRECTORS OF THE
UPPER TRINITY REGIONAL WATER DISTRICT (UTRWD)
RECOMMENDATION:
.
I am recommending that Bob Nelson be reap vinted to the Board of Directors of the UTRWD.
SE1nIMAFY: ,
The UTRWD is ,a Water District that Denton was instrumental in helping create in 1991 for the
purpose of provid;ag long range raw water supplies, water treatment and transportation and
wastewater treatment for Denton County communities and water supply districts. The UTRWD
is governed by a 26 member Board composed of a representative from each of the 26
communities or water supply districts.
Bob Nelson is Denton's current representative. Mr. Nelson is eligible to be reappointed, or you
may elect to appoint someone else, The UTRWD Board meets from 12 noon to approximately
5 pm on the first Thursday of each month.
Respectfully submitted,
Ted Berimides, City Manager
Prepared by:
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R. E, Nelson, Executive Director of Utilities
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P.O. Drawer 305 • Lewisville, TX 75067
REGIONAL WATER DISTRICT
(972) 219-1728 • rax: (972) 221-9896
April 10, 1997
Mr. Ted Benavides, City Manager
City of Denton
215 East McKinney
Oenton,Texas 76201
Subject: Expiration of Board Representative's Term
Dear Mr. 0enavide s:
This is to notify you that the term of Mr. Robert E. Nelson, your Board Representative, will
expire on May 31, 1997.
Mr. Nelson is eligible to be reappointed, or you may appoint someone else. To be eligible
for appointment, the person must be a qualified voter, a resident of Denton County and
cannot be an elected official.
Please let us know your intentions as soon as possible. The Board will be electing officers
in May. Prior to the election, the Board would like to know who your Board Member will
be.
Thank you for your prompt attention In this matter.
Sincerely,
Thomas E. Taylor f
Executive Director
TETlsks
a Mr. Robert E. Nelson, Board Representative
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' 335.
city of Denton City Council Minutes
April 6, 1993
Page 23
The following resolution was considered:
NO. R93-023
A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF APRIL 201 1993 TO APRIL 271 1993 AND PROVIDING FOR AN EFFECTIVE
DATE.
Chew motioned, Smith seconded to approve the resolution. On roll Chow
Mote„ Brock ""aye"MandsMayorsCastleberry "nay". Motionecarried ;
ways" I Parry "aye",
with a 5-2 vote.
9. The council considered an appointment to the Board of
Directors of the Upper Trinity Regional water District.
t
City Manager Harrell indicated that the current position was held
appointment is tern had expired
Council needed to make b"nnothinformed that
and Bob Nelso.
Perry motioned, Chew seconded to reappoint Bob Nelson, On roll
vote Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
10. The council considered an appointment to the Human Services
Committee.
City Manager Harrell suggested that Council hold this position
until the new system was initiated.
apdefer the aintment pointments was initiated it the new
Consensus oto
system for board/commission
11. Miscellaneous matters from the City Manager.
A
,
A. Update on the Fry Street Fair.
Nike Jez, Chief of Police, stated the Police Department had started r
discussions with the Delta Lodge on approximately March 17, 1993.
It was the Department's feeling that Lt. Paul Abbott, special
Operations, had scheduled an adequate number of police to cover the
O event. Those officers would be supplemented with agents from the
Texas Alcoholic Beverage Commission, the Department of Public
Safety, Denton County Sheriff's Office, the Denton Police 0 A
Department Reserve Officers and representatives from the Fire
Department. The Department's primary concerns surrounded the
amount of alcohol consumed on that day by the dense numbers of
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\ Apenda Na,~~
Apenda Item
Oate '~a~"9~ ,
CITY OF DENTON, TEXAS MUNICIPAL B0 0ING • DENTON, TEXAS 76201 • TELEPHONE (817) 566-8307
Office of the City Manager
MEMORANDUM
DATE: May 15, 1997
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Board/Commission Appointments
The following is a list of current Board/Commission
vacancies/nominations:
Keep Denton Beautiful Board - Jean Ross has resigned. This is an
appointment for Council Member Beasley.
Planning and Zoning Commission - Mike Cochran has resigned. This
is an appointment for Mayor Pro Tem Brock.
If you require any further information, please let me know.
J nn er 21ters
cit Secr ary
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