HomeMy WebLinkAbout06-03-1997
City Council
Agenda Packet
June 3, 1997
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Agenda No
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AGENDA Agenda Ite
CITY OF DENTON CITY COUNCIL Date_
June 3, 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, June 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:
k. Conference with Employees Under TEX. GOVT CUDE Sec. 551.075. The
Council may receive information from employees it question employees during
a staff conference or briefing, but may not deliberate during the cunterence.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH
EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEX. GOVT CODE CH. 551. THE CITY COUNCIL 2ESERVES
THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX GOV'T 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 MEETINGS 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, 3, 1997 at 7:00 p,m. in
the Council Chambers of City Ball, 215 E. McKinney, Denton, "exas at which the following
items will be considered:
1. Pledge of Allegiance
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - 1 pledge allegiance to thee, Texas, one and indivisible."
2. Consider approval of the minutes of March 25 and April 1, 1997.
VARIANCES
3. Consider approval of exaction variances to Section 34-114 (17) concerning sidewalks;
Section 34-114 (11) concerning cut-Ce-sac lengths; and Section 34.124 (e) concerning
drainage design criteria. This 304-97 acre tract is located northeast of Brush Creek Road ` O o 11
and Highway 377. (The Planning and Zoning Commission recommends approval 6-0.) t
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City of Denton City Council Agenda
June 3, 1997
Page 2
CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids and purchase orders to be approved for payment urger the
Ordinance section of the agenda. Detailed back-up information is attached to the ordinances
(Agenda items 4-10). This listing is provided on the Consent Agenda to allow Council Members
to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled,
Consent Agenda Items 4-10 below will be approved with one motion. A citizen may not speak
or GII out a "request to speak" form on an item on the Consent Agenda unless the item is
removed from the Consent Agenda. The speaker shall be allowed to speak and the item shall
then be considered before approval of the Consent Agenda.
4. Consider adoption of an ordinance accepting competitive bids and awav,ing a contr ict
for purchase of materials, equipment, supplies or services. (Bid #2037 - Fiber Op is
Cable and Supports)
5. Consider adoption of an ordinance accepting competitive bids and providing for the
award of contracts for public works or improvements. (Bid 62039 - I{VAC Renovation
and Equipment Replacement)
6. Consider adoption of an ordinance authorizing the City Manager to execute a professional
services contract with Application Control Engineering for engineering services for Pecan
Creek Water Reclamation Treatment Plant automation for the City of Denton.
7. Consider adoption of an ordinance authorizing the expenditure of funds for the second
quarter 1997 payment by the City of Denton for solid waste permit fee with the Texas
Natural Resource Conservation Commission.
8. Consider adoption of an ordinance awarding a contract for the purchase of materials,
equipment, supplies or services by the State; and providing for the expenditure of funds
therefore. (P.O. 675354 -NTCS, Inc.) (The Public Utilities Board and the Information
Services Advisory Board recommend approval.)
9. Consider adoption of an ordinance awarding a contract for the purchase of materials, ! + •
equipment, supplies or services by the State; and providing for the expenditure of funds
J therefore. (P.O. #75355 -State of Texas General Services Commission Department of
Information Resources) (The Public Utilities Board and the Infc, nation Services
Advisory Board recommend approval.)
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City of Denton City Council Agenda
June 3, 1997
Page 3
10. Consider adoption of an ordinance providing for the expenditure of funds for purchases
of materials or equipment which are available from only one source in accordance with
the provisions of state law exempting suc't purchases from requirements of competitive
bids, (P.O. Box 75456 - Sympro, Inc.) (The Information Services Advisory Board
recommends approval.)
ITEMS FOR INDIVIDUAL CONSIDERATION
11. Consider adoption of an ordinance prohibiting u-turns at two median openings on Teasley
Lane between Interstate 35 East and U.S. 77 (Dallas Drive); providing a severability
clause; providing for publication thereof; and providing for a penalty not to exceed tow
hundred dollars.
12, Consider adoption of an ordinance approving an agreement between the City of Denton
and the University of North Texas wherein the University of North Texas engages the
City of Denton, as a subcontractor, to furnish services and facilities in connection with
the project generally known as "Demonstration of Improved Monitoring and C%,ersight
Strategies for Municipal NPDES Programs Project"; and approving the expenditure of
funds therefore.
13. Consider approval of a resolution authorizing the Mayor to execute an agreement
between the City of Denton and the Electric Reliability Council of Texas, Inc,
("ERCOT") appointing ERCOT as the agent of the City of Denton for the purpose of
executing certain umbrella agreements pertaining to electric transmission service.
14, Consider approval of a resolution authorizing the City Manager to sign and submit to the
Department of Housing and Urban Development a 1997 Action Plan for housing and
community development with appropriate certifications, as authorized and required by
the housing and Community Development Act of 1974, as amended and the National
Affordable Housing Act of 1990, as amended.
15, Consider nominations/appointments to City Boards and Commissions.
16. Receive presentations fr-)m the following law firms regarding the collection of delinquent r
taxes and give staff direction:
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Blair, Goggan, Sampson & Meeks and Mike Gregory
McCreary, Veselka, Bragg & Allen P.C. and Hayes, Coffey & Berry P.C.
Perdue, Brandon, Fielder, Collins & Mott, L.L.P.
• Sawko & Burroughs, L.L,P. I O •
17, Miscellaneous matters from the City Manager.
City of Denton City Council Agenda
June 3, 1997
Page 4
18. New Business
This item provides a section for Council Members to suggest items for future agendas.
19. Possible continuation of Closed Meeting under Section 551.071 - 551.085 of the Texas
Open Meetings Act.
20. Official action on Closed Meeting items held under Section 551.071-551.085 of the
Texas Open A:eetir:gs Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of
the City of Denton, Texas, on the __day of , 1997 at o'clock
(a.m.) (P.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH 111E AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE
OF THE SCHEDULED MEETING. PLEASE CALL THE CITY ,
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF(TDD) BY CALLING 1-800-RELAY-TX SO THAT
A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED T}.ROUGH
THE CITY SECRETARY'S OFFICE.
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CITY OF DENTON CITY COUNCIL MINUTES a
March 25, 1997 Agenda 4em
Date
The Council convened into a Closed Meeting on Tuesday, March 25,
1997 at 5:30 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Frock; Council Members
Beasley, Biles, Cott, Durrance, and Young.
ABSENT: None
1. The following items were discussed in Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVIT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
The Council convened into a Work Session on Tuesday, March 25, 1997
at 6:00 p.m. in the City Council Chamhers.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Durrance, and Young.
ABSENT: None
1. The Council received a status report from the Development
Policy Committee regarding the presentation of the Denton
Development Plan at the proposed public meetings and the related
schedule and gave staff direction.
Rick Svehla, Deputy City Manager, stated that the Counc+.l appointed
a committee of 23 members which began work last April. Public
meetings would be held the first two weeks in May to receive input
regarding the proposed Denton Development Plan. Richard Foster,
Public Information officer, had supplied the Council with
information regarding the different types of ways that the public
would be made aware of the meetings. Some of those included the
utility billing system, flyers to churches and service
organizations, notices in the newspaper, etc. The Committee would
be discussing the draft plan and the proposals for the plan.
• Mayor Miller stated that the Council would be hearing from members
of the Development Committee. The purpose of this discussion was
to look at the process of placing this information before the
public. The Council would have an opportunity to review the
proposal after the public meetings.
Larry Luce, speaking for the Development Committee, highlighted the
• plan's proposals. There were two previous development plans for the
City. One was done in 1981 and one in 1986. The plan in 1981 had •
a high priority for economic development. It also sought to
preserve the quality of life. It talked about the preservation of
existing neighborhoods and balanced growth. The 1986 development
plan kept some of those features. It again strived for balanced
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City of Denton City Council Minutes
March 25, 1997
Page 2
growth through "nodes" of projected growth. It also talked about
compact growth and architectural design standards such as
landscaping, signage and historical landmark preservation. It re-
emphasized economic development with criteria such as the assets
economic development could bring. The current Committee kept some
of both of those plans. It kept the striving for balanced growth
and the economic development. It tried to strengthen the
preservation of existing neighborhoods and the quality of life and
the aspects of compact growth. The previous plan of 1986 had small
nodes of growth to attempt balanced growth in the north and the
natural growth in the south. Economic incentives were aimed at
balancing Denton. The Committee wanted to preserve the quality of
life for residential neighborhoods which already abutted
thoroughfares and gave notice that commercial development would
seek to develop along thoroughfares in the future. Any future
neighborhoods which were planned along the thoroughfares would have
to be aware of that fact. The proposed plan was a thoroughfare
density plan. The Committee tried to look at the future of Denton
and determine where the market forces would dictate where
development would occur. This differed from the node concept in
that the nodes took certain small areas with restrictions of how
much development could occur in that area. A certain given area
under the old plan was only allowed so much traffic. The proposed
plan recogni.;ed that the higher traffic would be on the
thoroughfares and thus the higher density development. The
proposed plan maintained the planning and zoning process. The
proposed plan was more realistic of the economic life in the City
of Denton and addressed those things which would allow Denton to
move ahead in the future. More detailed presentations would be
given at the public meetings for input. Copies of the plan would
be available for the public and questions and feedback would be
received from the public about the plan. The feedback would be
taken from the public and anything the Committee felt was germane
to the plan would be incorporated.
Council Member Cott stated that he did not see a very specific new
and a very specific old definition of neighborhood preservation in
the plan. As development occurred on the fringe or close to
O neighborhoods, it changed quite a bit. He recommended that
everyone have the same terminology.
Luce stated that that was a point of considerable discussion in the
Committee meetings. "Neighborhood" was not an easy term to define.
The Committee felt that the buffering between densities would be
provided. The Plan was not the place to go into that level of
O detail. There already was a landscape ordinance which would • •
J address some of those concerns. The Plan was to express a
philosophy, not a detail.
Council Member Biles stated that Luce indicated that the Committee
would be holding meetings after the public meetings.
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City of Denton City Council Minutes
March 25, 1997
Page 3
Luce stated that one meeting was currently scheduled after the four
public hearings to incorporate the input from the public.
Council Member Biles stated that if the Committee heard a number of
issues repeatedly expressed, it would be open to incorporate some
of those issues.
Luce stated that the Committee was open to new ideas.
Consensus of the Council was to proceed with the schedule as
presented.
2. The Council received an update, held a discussion and gave
staff direction on the Infill Policy.
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Bob Nelson, Executive Director for Utilities, stated that last
October the utility staff brought this issue before the council.
It was a project which the Public Utilities Board had been working
on for a long period of time. At that time, there were several
questions regarding the proposal, some of a legal or technical
nature.
Jill Jordan, Director of Water and Wastewater, stated that some
citizens had a misconception that they paid property taxes in
Denton and therefore were entitled to have water and sewer lines
extended to their property. In fact, property taxes did not pay
for water and sewer service. That was what the water revenue paid
for. There was a need for another type of funding mechanism to
address the need for infill. It was not through the property
taxes. The existing policy stated that the developers/owners would
install, at their own expense, water and sewer main extensions,
lift stations or other necessary facilities required to serve their
developments.
Council Member Young stated that if a citizen was in an area within
the city limits where there was no sewer service and he wanted to
hook up to the City sewer, he could dig from his home to the City
lines.
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Jordan stated that in a sense that was correct. The policy stated
that the homeowner or developer had to pay for the extension of the
water or sewer line to his property. There were a few exceptions
to that. one was a Development Plan Project which included i
commercial or industrial projects which would provide an economic
development benefit to the City. If certain criteria were met,
! then the City would pay for the cost of extending the water/sewer ! 0 O
lines to that proposed industrial/commercial development. The
second exception was to help individuals through special
extensions. Those would be provided to single-family residences
where the resident would pay 601 of the cost of the extension and
the City would pay 401 of the cost of the extension. The resident
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City of Denton City Council Minutes
March 25, 1997
Page 4
was not entitled to any pro-rata reimbursement and there was a
limitation on how far out the city would go. Basically, the
developer or citizen had the responsibility for the extension of
the water/sewer line.
Council Member Young stated that he felt there was a 75-25% cost.
Jordan stated that that was the proposed policy. The existing
policy was 60-40t for a single family residence. The resident would
pay 60% of first 100 feet, 10% of the cost for the next 200 feet
and 0% for the remainder up to 600 feet.
Council Member Young asked how much the citizen would pay if the
percentage was 75-25%.
Jordan stated that the proposal was a 75-25% plan. The 60-40% plan
was not widely used due to cost impacts. There was a desire to look
at having a different program for infill. The purpose would be to
promote compact growth within the City. Projects for the infill `
policy would have to promote public health, public safety, economic
development or provide service to economically depressed areas.
Funding for the program would be from unused Development Plan Line +
funds if that money were not used in any given year. There were
two scenarios for infill. The first was a residential infill.
That would apply to residents within the city limits and projects
would be funded in a first-come, first-served basis. The City
would pay 100% of the cost up front and the citizens who were
participating in the project would reimburse the City 25% of the
total project. If the citizen's cost exceeded 90% of the on-site
cost, the project would not qualify for the infill program. On-
site costs were the cost of those improvements which were in the
streets, alleys, etc. adjacent to the property. A test for this
program would be that citizens would pay 25% of the cost but if the
cost exceeded 90% of on-site c"!,s, the project would not qualify
as it would not meet State law.
Mayor Miller stated that if one home wanted the extension, there
would be little or no on-site costs.
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Jordan stated that if there was just one home which wanted the
extension and it was trying to do the entire subdivision, it would
not qualify. If a project cost $100,000 then 25t would be $25,000.
The test would be if the on-site costs were at least $28,000 to
meet the test of the 90%.
O Council Member Biles stated that using that formula, the further • O
away from existing facilities, the better chance a project had to
qualify.
Jordan stated no, it would be less likely to qualify. On-site costs
had to be large compared to off-site costs.
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March 25, 1997 1
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Mayor Miller asked if on-site costs included two or more property
owners. It would be the cost related to that project so that the
fewer the homes the less likely it would be to qualify.
Jordan stated that it had more to do with their willingness to
participate. If there were many homes and the project cost was
$100,000, the more people to participate the more the cost would be
divided. It was the total dollar amount spread out for those
agreeing to the project. A connection fee would be established
for those citizens who chose not to participate in the original
project. This would be a voluntary project and not a forced
project. The 758 split was decided by staff and was based on an
evaluation of the cost to the residents for water and sewer
improvements. The City Council could change that percentage amount
if it so desired. The only limitation was that it could not be
greater than 908 of the on-site cost.
Council Member Young asked if the numbers would be the same for
water or for sewer.
Jordan stated that the costs vere the same for sewer and water.
Council Member Young stated that Council could change the D
percentage to 15-858.
Jordan replied correct but could not charge more than 908 of the
on-site costs. The second scenario was for commercial infill.
Commercial projects had to demonstrate an economic development
potential. Projects had to be interior to I-35 and Loop 298.
Staff would identify areas within that area which needed water or
sewer, the Pubic Utilities Board could make recommendations to the
City Council and Council could then approve the projects. The
developers would pay 1008 of the cost up front. The City would
reimburse the developer for 308 of the cost. The City could refund
back to the developer more than 308 but a special economic
development ordinance would have to be enacted to refund more than
308.
• Mayor Pro Tem Brock asked about the 308 figure.
Herb Prouty, City Attorney, stated that there was a statute which r
limited that amount. if a developer participation contract was
entered into, the maximum participation was 308 to avoid
competitive bidding. Over 304, an economic development ordinance
would have to be enacted with competitive bidding.
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Council Member Cott asked why the limitation was only interior to
1-35 and Loop 288.
Jordan stated that the purpose was to promote compact growth.
Staff had decided on the I-35 and Loop 288 boundary and Council
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city of Denton City Council Minutes
March 25, 1997
Page 6
certainly could change those boundaries. There were two major
categories of issues regarding the proposed policy. The first was
that there were municipal funding limitations under State law to
finance residential and commercial infrastructure extensions. The
second area was the mechanisms under Stat6 law in which to levy
assessments to provide for repayment for on-site and off-site
improvements. Limitations for a residential project included that
the project had to have a public purpose. Simply providing equal
services might not be a public purpose under law. The project
would have to provide for economic development of a public purpose
such as malfunctioning septic tanks, contaminated wells, dry wells
or refusal to serve. Commercial limitations indicated that the
project must provide economic development up to 100% funding by the
City and up to 30% funding required for no project bidding by the
City. There were three ways to assess the charges. The first was
covered by the State law through an assessment program which was an
involuntary assessment program such as paving assessments. A
second method was a public improvement district and a third method
was assessment by contract in which the City was setting up a
contract with the citizens who wanted the project. With the
assessment program, up to 901 of the on-site improvements could be
levied but no off-site improvements and first liens could be placed
on the property. A repayment plan was possible with this plan and
there was a restriction that property must have been subdivided for
at least 30 years. The public improvements district allowed for a
separate taxing district for each project; required the development
of an advisory body made up of owners representing 50% of the
taxable property; allowed for a variety of assessment methods;
required separate accounting functions to track the funds for each
district; allowed an assessment payment plan; and the cost of
improvements were not defined and might ba interpreted to include
off-site improvements.
Mayor Miller stated that if there was an area where no one was
living and some distance from existing service, how would that work
for an individual.
Jordan stated that if undeveloped land were passed, pro-rata could
• be charged to undeveloped land as long as the pro-rata was for on-
site improvements.
Council Member Hiles stated that if property were passed which
already had service, that property would not be charged.
Jordan stated that that would be taken care of when an assessment _
• was done.
City Attorney Prouty stated that an assessment would look at
special benefits to the property. If there were an isolated area
where a long line was extended with no development in between, the
City could collect additional money if the land in between a
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City of Denton City Council Minutes
March 25, 1997
Page 7
current facility and the property developed. The problem was that
the current policy was an orderly extension policy. There were two
problems. One was going out to a remote area with undeveloped land
in between, the chances of the City rec,.iping its money were much
less than under the current policy. A second problem was that a
case had to be made, when paying the majority of the cost of the
on-site improvements and the off-site improvements, that there was
a public purpose for this project. It was harder to justify a
public purpose to a remote area than to an area ready to develop.
Council Member Durrance asked about a definition of public purpose.
City Attorney Prouty stated that there were a number of ways to
define public purpose. With a commercial project, it was economic
development. It was much harder to define with a residential
project. One way to define public purpose was to show that there
would be a general benefit to the public. It would not be known
immediately that other members of the public would benefit from an
extension.
Jordan stated that staff was in favor of the assessments by
contract method. The contract would be equivalent to an assessment; +
there was no case law to test this method; the assessments might be
difficult to collect; liens created would not be first liens; the
city would not have the option of refusing service for non-payment
of the assessment; the assessment might be determined to be invalid
in court. An assessment by contract was paid over time provided a
public purpose was clearly stated. The Public Utilities Board had
concerns about the fairness of the proposal to the existing
ratepayer. The basic concept would be to utilize existing
ratepayer monies to fund infrastructure extensions for those
taxpayers who had chosen to develop their own facilities.
George Hopkins, Chair-Public Utilities Board, stated that although
the Board developed this policy, it did noc recommend the policy
due to the lack of fairness and the many problems associated with
it. This policy was dealing with a departure from the basic
philosophy for paying utilities. The Board recognized that there
• were areas in the old corporate limits which were without water and
sewer. If it was limited to areas within the City for many years
which had been without water and sewer, the concern might not be so
great. Originally the members of the Utilities Board were in favor
of an infill policy. However, as the Board studied the issue, it
turned away from the policy. Property taxes paid for police, fire,
parks, library, street maintenance, etc. which were benefits
• received by citizens in general. If a policy was developed whereby • •
taxpayers supplemented or paid the costs for extensions, the
existing taxpayers would be paying for something someone else paid
for up front when their property was developed. The Board had
serious questions as to this fairness and the question as to why
the people who had paid the cost of those utilities should
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City of Denton City Council Minutes
March 25, 1997
Page 8
supplement the cost of extending those utilities to other parties.
Most of the areas in the City which did not have service were on
the fringe areas of the City. Those people bought their property
when no utilities were available and the price they paid for the
property reflected the fact that they did not have utilities. To
that extent, the City would be giving a bonus to people who were
outside the city when they developed their property and were later
annexed into the City. This would again be an issue of fairness.
There were many problems associated with an infill policy. If
utilities were extended to fringe areas, it would defeat the basic
concept of compact growth. There were also serious legal problems
using public funds for private purposes. Land prices were
determined by the land's proximity to utilities. This type of
policy might create a false or artificial value of land.
Council Member Young asked how long had the existing infill policy
been used.
Hopkins replied since 1954.
Council Member Biles asked that if there was a proposal for a ~
residential subdivision which would be beyond the present lines and D
to have water/sewer to that development, the developer would pay
the cost of the lines as well as the lines to the individual homes.
Hopkins replied correct.
Council Member Biles stated that the City might participate by
oversizing the lines now rather than later.
Hopkins replied correct.
Council Member Biles stated that as the City grew with development
after development, that was where Hopkins was stating that the
developers or homeowners had already paid for running the lines to
their own land and now to adopt a new policy to subsidize lines to
new development, would not be fair to those already in the City.
• Hopkins replied correct.
Council Member Durrance stated that Hopkins indicated that Board
Member Coplen had concerns about health.
Hopkins replied that he felt Mr. Coplen still had concerns about
health. He stated that an individual farther out of the City would ,
• have paid less money for that property because it was further away •
from the utilities.
Council Member Biles stated that the current policy was a 60-401
and a 75-251 was propos!d but flawed. Was the Public Utilities
Board recommending to Council to not adopt the 75-25 and to do
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City of Denton City Council Minutes
March 25, 1997
Page 9
away with the present 60-40%.
Hopkins replied no, that there was no reference to the present 60-
40%. The Public Utilities Board did not submit the proposal with
a favorable recommendation and did not submit it with an
unfavorable recommendation.
Council Member Biles stated that the Public Utilities Board's
recommendation would be to not take any action.
Hopkins replied that the Board felt that to change the existing
policy would not be prudent.
Mayor Miller stated that the existing policy was applicable to
anyone within the City limits of Denton. If the policy were
changed, would the 75-25% be available to all the citizens in
Denton.
City Attorney Prouty stated that it probably !could. There were
some cases where the supreme court indicated that if a policy was
done for one, it had to be done for all. The City would have to
offer the same terms to all, no matter how remote from the City D
limits.
Hopkins stated that the funding for the proposed policy would be
limited to the amount of money left over from the Development Line
funds for any one given year.
Council Member Cott asked for an explanation of that.
Hopkins stated that the Board was of the opinion that the
Development Line funds were primarily for the economic development
to promote employment in the community and it wanted to have a
continual build-up of funds to have available to attract industry
when there was an opportunity.
Mayor Miller stated that the determination would be made by the
property owners who would ask for an infill extension. There was
• a group of homes on Highway 77 which were in the city limits but on
septic tanks. Could that group of homes ask for an extension.
Hopkins stated that the restrictions on the application of the
proposal and the amount of money that the homeowner could pay on
the total bill probably limited the application of the policy to a
reasonable distance from existing utilities. Under this program,
O a line would not be run two miles out as it would not fit into the
overall program.
Mayor Miller asked about constitutional issues. Would there be
legal problems in a scenario with a property owner in the City
limits but who was being denied services based on a cost limit.
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City of Denton city Council Minutes
March 25, 1997
Page 10
City Attorney Prouty stated that the City might be able to make a
distinction. If the City offered a program and did not make strict
geographical limitations to geographical areas, there might be the
possibility of someone filing a suit.
Mayor Miller asked for a clarification of the 60-40% rule.
Nelson stated that at one time anyone within 500 feet of existing i
water lines were required to extend their line and pay for that
line up to and across their property. That policy was changed to
the 600 foot arranSement.
Mayor Miller stated that if there was a home 500 feet from an
existing line and the lines were extended on the 60-40%, the
property owner would be paying approximately 16% of the cost
instead of 25% of cost.
Council Member Beasley stated that some areas eventually would be
able to tie on if there was development in the area. It would be
very hard to get all of the neighbors to agree to the service. She
did not want to do an assessment program to force something on
individuals that they might not need.
Mayor Miller asked for staff direction.
Council Member Beasley stated that there probably were people who
needed the service but agreed with the recommendation from the
Public Utilities Board. She felt the proposal would not be fair to
the ratepayer and the people who put the lines in when they bought
homes. She suggested to not continue with the infill policy.
Beasley motioned, Brock seconded to continue with the existing
policy.
Council Member Young stated that he would vote against the motion
as some residents were experiencing problems with their wells or
septic tanks due to development around them. That was a health
issue. The Carpenter Road development was having problems with
• wells with passible contamination. The City needed to develop a
policy that would be economic for citizens to afford. Other
citizens in Denton were not set against assisting others who did
not have the money for improvements. These were citizens of Denton
who did not have the money which the policy demanded of them. i
Denton had a home rule policy and could make the percentage 75-25
for the citizens. People deserved all of the services which the
• City could provide.
I~ O O
Council Member Brock stated that there were really no good answers
to this issue. She was concerned about the fairness issue but also
concerned about the legal problems the City might have with this
policy. If this policy was adopted and it provided first priority,
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City of Denton City Council Minutes
March 25, 1997
Page 11
would the City be open for potential legal suits. It was not fair
to present ratepayers and there might be an issue of fairness to
people lacking service. Those with a possible health threat might
not be the first to come for service.
Council Member Durrance stated that the City had to be fair to all
citizens of Denton and not to a select few. He had concerns that
adopting a policy other than what the City currently had, would
open a number of problems for selection. There waa no clear
understanding of results and applications of those policies and
would leave City open to the question of whether it was heading in
the right direction without a basis for doing that. The three
options lacked definition. There was a potential to create more
problems than the present system.
Council Member Biles stated when balancing the equities with the
other citizens of Denton and all of the ratepayers, the scales
tilted back in the other direction. Utility rates had nothing to
do with property taxes. The fact that an individual lived inside
the city limits did not determine whether or not he received
electricity or received water/sewer services. Living inside the
city limits, meant that an individual paid property taxes and in
return, the City provided services out of the General Fund which
included fire, police, streets, library, parks, etc. It was
whether or not an individual was a customer of the utility as to
whether or not that individual received water and wastewater. That
distinction was important in this proposal. He could not see a
compelling reason to increase utility rates to run service to
someone not on system who was trying to get on the system. He
agreed with the recommendation to not adopt a new policy at this
point in time. Until the State legislature cleared up their uneven
and unequal treatment on various codes, the City would legally be
in a poor position.
Mayor Miller stated that as development occurred around these areas
without services it would become less costly for those individuals
to hook onto the system. The question was who would pay for this
service. There was a possibility to look at areas where the
• individuals were financially unable to extend service and where
public issues were involved.
Jordan stated that Community Development Block Grant funds could be
used to pay for water and sewer lines in eligible areas. That
project would have no cost for those citizens. The individuals I
would have to meet the eligibility requirements. Carpenter Road
• did not meet those requirements but there might be other cases ® •
which might be eligible for those funds.
Council Member Cott stated that one of the reasons for a city was
to have an economy of scale. when pieces of t;:at particular part
of the puzzle were taken out, the price was raised for everyone.
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March 25, 1997
Page 12
He would want to keep ~,,erything in possible and make the ones who '
wanted to come out, petition to come out.
Council Member Young stated that it appeared that the 75-25$
proposal was not going to pass and not make this issue affordable
for individuals. The city could give Wal-Mart water and sewer but
it could not do it for its citizens. It was unfair to the citizens
to give the services to development and not to citizens.
Mayor Miller stated that any proposal for an economic or industrial
area was done under an existing policy. This issue dealt with a
policy in general for the extension of services for residences.
This City would continue to develop and legal issues of making this
type of decision could have ramifications for the future.
Mayor Miller stated that the motion was to maintain the present
policy relative to the extension of water and wastewater services.
on roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "nay", Biles "aye" and Mayor Miller "aye". Motion
carried with a 6-1 vote.
3. The Council received a briefing, held a discussion and gave '
staff direction regarding the rail crossing for Nottingham and the
elimination of the crossing at Willis Street.
Rick Svehla, Deputy City Manager, stated that the Nottingham
project was in the CIP. The plan was to make a rail crossing at
Nottingham and tie Nottingham into Audra. Rail crossings were very
hard to do. The last one done was Jim Christal Road. The reason
that project moved so quickly was that the City was able to trade
a new crossing for an old crossing. Nottingham was a similar
situation. The railroad would do one of two things. It would
either ask which crossing the city wanted to close or it would take
the project under advisement for a number of years. originally the
thought was to eliminate the crossing at Pertain. Included in the
Nottingham project was repaving along Lattimore. Once further into
the project, other crossings were looked at along Mingo Road. A
traffic count was done at the intersections and the amount of
• vacant areas around the two intersections. The spacing of
crossings was better with a closing of Willis. Willis was a very
narrow road with deep bar ditches. Staff was suggesting that the
City approach the railroad with the closing of the Willis Street
crossing and making a new crossing at Nottingham.
Biles motioned, Durrance seconded to direct staff to have a new
it crossing at Nottingham and close the Willis Street crossing.
Council Member Young asked if the City had to give up a crossing.
Svehla replied that if the City did not give up a crossing, the
railroad could take as long as 4-6 years to get the Nottingham
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City of Denton City Council Minutes
March 25, 1997
Page 13
crossing. Nottingham would not be built if the crossing was not
allowed.
Council Member Young stated that he saw a need for the Nottingham
crossing lout people lived on Willis Street.
Council Member Cott asked if the City had checked with the Denton
Bible Church in the area.
Svehla stated that the Denton Bible Church was on Nottingham and
had a lot of traffic on Sundays. The Church had off-duty police
officers directing traffic when church was over.
Council. Member Beasley stated that she hated to close any
intersection but that Willis was probably the best choice.
Citizens would have better access to other areas with Nottingham.
Council Member Young asked where was the closest fire station.
Svehla replied that that would be Station Two from McKinney Street.
i
on roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "nay", Biles "aye" and Mayor Miller "aye". Motion
carried with a 6-1 vote.
I
Following the completion of the Work Session, the Council convened
into a Special Call Session to consider the following:
1. The Council considered adoption of an ordinance annexing a
296.57 acre tract located north of Brush Creek Road and east of
Highway 377; and establishing temporary agriculture "A" zoning
district classification. (First Reading, A-75)
Rick Svehla, Deputy City Manager, stated that Council had discussed
this annexation on several occasions. This was the annexation of a
subdivision named the Hills of Argyle. There had been two public
hearings on this proposal and this was the first reading of the
ordinance to begin annexation.
Council Member Young stated that the owner of the property did not
want to be annexed.
Svehla replied that Greg Edwards had appeared 6t a public hearing
for the owner and indicated that the owner did not want to be
annexed. _
• (D
Council Member Young asked about services for the area.
Svehla replied that water and sewer would be available. It would
be up to owner to request services.
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city of Denton City Council Minutes
March 25, 1997
Page 14
The following ordinance was considered:
(FIRST READING)
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT
COMPRISING 286.57 ACRES, LOCATED NORTH OF BRUSH CREEK ROAD AND
EAST OF US HIGHWAY 377; TEMPORARILY CLASSIFYING THE ANNEXFD
PROPERTY AS "A", AGRICULTURAL DISTRICT; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND DECLARING AN EFFECTIVE DATE.
Beasley motioned, Biles seconded to adopt the first reading of the
ordinance.
Council Member Beasley stated that in reviewing the objections from
the owner at the Planning and Zoning Comnission meeting, she did j
not see any benefit to be outside the city limits. She felt the
development would receive more benefits if it were inside the City.
Mayor Pro Tem Brock stated that no one was currently living in the
area and it would be easier to annex the property now without
residents.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "nay", Biles "aye" and Mayor Miller "aye". Motion
carried with a 6-1 vote.
2. The Council considered an appeal of a suspension of service
for Denton Taxi Company.
Council Member Young stated that he had asked for this to be on the
agenda. He had talked to the cab company and they had decided to
not appeal the suspension decision.
With no further business, the meeting was adjourned at 8:45 p.m.
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JACK MILLER, MAYOR
CITY OF DENTONr TEXAS
JENNIFER WALTERS
• CITY SECRETARY •
CITY OF DENTON, TEXAS
ACCOO378
i
S
YaEr
RIZA
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CITY OF DENTON CITY COUNCIL MINUTES
April 1, 1997
The Council convened into a Closed Meeting on Tuesday, April 1,
1997 at 6:00 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tom Brock; Council Members
Beasley, Cott, Durrance, and Young.
ABSENT: Council Member Biles
1. The Council considered the following 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, April 1,
1997 at 7:00 p.m. in the Council Chambers of City Hall.
PRESEN-'*. Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Cott, Durrance, and Young.
ABSENT: Council Member Biles
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance to the U. S. and Texas flags.
2. The Council considered approval of the minutes of January 21
and January 28, 1997.
Young motioned, Cott seconded to approve the minutes as presented.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
Mayor Miller presented the Yard of the Month Awards:
® John, Tonya and Berek Littmann
Joseph and Paula Portugal
Glenn and Sharon Jennings
James and Marilyn Payne
Eckerd Drug - Commercial Property
Denton Florist - Downtown Business Award
e Mayor Miller presented the following proclamations: 0
Blood Donor Week
Fair Housing Month
Keep America Beautiful Month and Glad Bag-a-thon clean Up Day
Week of the Young Child
Sexual Assault Awareness Month
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City of Denton City Council Minutes
April 1, 1997
Page 2
3. The Council considered a request for an exception to the noise
ordinance for the Denton Gospel Mission until 12:00 midnight on
Thursday, April. 17 and April 24, 1997.
Veronica Rolen, Administrative Assistant, stated that the Denton
Gospel Mission was requesting an exception to the noise ordinance
for a concert in conjunction with a street closure.
Council Member Young asked if this was the first time the group had
asked for an exception.
Rolen replied no, that the group had had an exception on previous
occasions with no problems.
Young motioned, Brock seconded to approve the request. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", and Mayor Miller "aye". Motion carried unanimously.
CITIZEN REPORTS
4. Dick Stewart regarding the City of Denton's extraterritorial
jurisdiction.
Mr. Stewart stated that at the time he retired from Council, he
decided to not get involved in city matters. It was his intention
to not intrude on the Council. He felt a wrong direction was being
taken regarding the extraterritorial jurisdiction (ETJ) in Denton.
He understood that the Council was considering releasing some ETJ.
Those areas were originally taken into the City to protect the
Denton water supply, to not allow the City to be surrounded by
development which was detrimental to Denton and to make sure the
City would be able to extend its boundaries. At one time he took
a hot air balloon ride over the City of Denton and was appalled at
the sight of the amount of trash in the area. He felt that when
the rain went through that trash, it would eventually end up in the
City's water supply. One soluticn for this was to not let Denton
• be blocked off in any remaining direction for expansion. He
suggested taking into the City all Corps property at Lake Ray
Roberts and Lake Lewisville to protect those lakes. He felt it was
;irtant to keep the development standards up by keeping the ETJ
ai :und the City.
5. Dessie Goodson regarding the City of Denton.
• :1s. Goodson was not present at the meeting. O
J PUBLIC HEARINGS
6. The council held a public hearing and considered adoption of
an ordinance approving a detailed plan of 16.047 acres in Planned
Development 34 (PD-34) for detached, single-family residential
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City of Denton City Council Minutias
April 1, 1997
Page 3
development. The subject property was located on the west side of
Mockingbird Lane, approximately 250 feet north of Christopher
Drive. (The Planning and Zoning commission recommended approval 5-
1.)
Rick Svehla, Deputy City Manager, stated that this development had
a long history associated with it. Originally the property had a
planned development which was zoned for residential 6,000 square
foot lots. In 1982 a portion of the property was zoned for SF-7
lots and a portion was zoned for 198 units of multifamily. In the
last year to year and a half, the developer had been working on
trying to reach an agreement with the neighborhood. After a series
of meetings they were close to reaching a consensus. The proposal
was for a planned development with single family detached homes on
5,000 square foot lots. The Planning and Zoning Commission
recommended approval 6-0.
The Mayor opened the public hearing.
Greg Edwards stated that after the owners had purchased the
property they became aware that the neighborhood was not in favor f
of the existing zoning. The developers decided to not proceed with
the current zoning and requested this proposal. At the Planning
and Zoning Commission meeting there were some individuals in
opposition to the times of the meetings and another objection was
to the two story allowan"e to the proposal. Area homes were able
to build a two story home but chose not to.
Council Member Cott asked what was the zoning when the property was
purchased.
Edwards stated that it was PD34 which had a detailed site plan with
four-plexes and six-plexes with a private street pattern similar to
what was proposed which would allow for 198 units. There was also
a small community center.
• Council Member Cott asked if there had been any argument about that
zoning.
Edwards stated that the neighbors were upset with that type of
F zoning.
Council Member Young asked about residential opposition within 200
• feet of the proposal.
d •
Svehla replied that there were eight replies in opposition which
was less than 101.
Council Member Young asked if this was the same area which was
planned for apartments and was changed due to neighborhood
opposition.
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City of Denton City Council Minutes
April 1, 1997
Page 4
Edwards replied correct.
Don Carney stated that his opposition was that there was as much
traffic in the area as could be handled. There were no sidewalks
in the area. A bicycle and two cars could not pasF at the same
time. There was no curb and gutter on Mockinybird from University.
The streets in tha area were already crowded. If more homes were
built in the area, traffic would be worse. Mockingbird was
scheduled for repaving and it needed to be widened as it was too
narrow for the amount of vehicle and foot traffic.
Council Member Cott asked if Mockingbird was widened with
improvements, would that change Carney's opposition.
Carney stated no, that more residents in the area would only add to
the traffic situation, even if the street were improved.
Council Member Young asked about plans to do work to the street in
the area.
Svehla replied generally that would be required for the frontage
which the proposal had along Mockingbird.
Council Member Durrance asked about the conzern raised regarding
the building of two story homes next to sin;le story homes.
Mayor Miller suggested that these types of questions wait until the
public hearing was closed.
Mr. Edwards was allowed a five minute rebuttal. He stated that in
the subdivision process, the developer would be providing curb and
gutter and a minimum of 24' of pavement on Mockingbir" pith
sidewalks. There was existing curb and gutter at Paisle which
went to this development and the proposal would carry that on and
tie into the property to the south. The proposal was a reduction
in the number of allowed units on the property from 198 to 84-85.
• If the property was built as approved, the site plan would be
better than the present request.
Mayor Pro Tem Brock asked if the petitioner was a developer or
would he be building the homes himself.
Edwards replied that the petitioner had not decided whether to
o develop the property or not. He might market the property with a
developer. O O
Mayor Pro Tem Brock stated that the petitioner might be building
homes or might be selling lots to individuals or other developers.
Edwards replied that the petitioner waF probably not planning on
building the homes. He might mar) -t :he property to another
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City of Denton City Council Minutes
April 1, 1997
Page 5
developer to put in the improvements.
Council Member Cott asked who would do the plat.
Edwards stated that before homes would be built, all public
improvements would have to be in and a plat approved.
Council Member Young stated that the homes in the area had the
option to build a two story home but chose not to. He asked iL'
there were any two story homes in area.
Edwards stated that there might be three to four which were
adjacent to the development.
Council Member Young asked if the proposed homes would be all two
story or a mixture of sizes.
Edwards stated that that would be left up to the market conditions.
It was anticipated that the majority would be single story homes.
The Mayor closed the public hearing.
Council Member Durrance asked if there was a possibility of moving
the second story homes to an inner area of the development so as to
not be such a problem.
Svehla replied that Council could add a condition to do that. The
Planning and Zoning Commission had discussed the issue but chose
not to recommend it to Council. If Council approved this planned
development, the proposed site plan would br approved. Therefore,
the property could be marketed that way. Before any homes were
permitted to be built, a plat would have to be approved by the
Planning and Zoning commission and all public improvements in
place.
The following ordinance was considered:
NO. 97-091
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE
DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 34 (PD-34) WITH
RESPECT TO 16.047 ACRES, AS SHOWN IN THE ATTACHED DETAILED
PLAN, THE SUE',7ECT PROPERTY BEING LOCATED ON THE WEST SIDE OF
• MOCKINGBIRD I.hNE, NORTH OF CHRISTOPHER DRIVE; PROVIDING FOR A
PENALTY IN 7HE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS O 0
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Cott seconded to adopt the ordinance.
Council Member Beasley stated that she had been following this case
when it first started with apartments in the planned development.
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City of Denton City Council Minutes
Aptil 1, 1997
Page 6
Because this was such a drastic downzoning, she would vote in favor
of the proposal.
Mayor Pro Tem Brock stated that there might be some objection to
lots this small but developers needed the ability to build two
story homes on smaller lots.
on roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"nay", Young "aye", and Mayor Miller "aye". Motion carried with a
5-1 vote.
7. The Council held a public hearing and considered adoption of
an ordinance to rezone 1.97 acres from the Agricultural (A) zoning
district to the Light Industrial (LI) zoning district. This tract
was located on the south side of University Drive, approximately
600 feet west of Cindy Lane, 3921 W. University Drive. (Z-97-001)
(The Planning and Zoning Commission recommended approval 6-1.)
Rick Svehla, Deputy City Manager, stated that this was a proposal
to change zoning from agricultural to light industrial. The
property was not platted at this point in time. Portions of the
property began to be annexed into the City in 1970 and the property
had remained agricultural until this time. Eight notices had been
mailed to the surrounding landowners with one returned in favor and
two returned in opposition for a 17% opposition rate.
The Mayor opened the public hearing.
Council Member Hiles joined the meeting.
Rick Gibbons stated that this would be a facility for a drug and
alcohol rehabilitation center for women and women with children.
There was no sf.milar location in a section of the City which was
removed from the inner City. The offort here was to not
institutionalize these individuals. They were given the money to
purchase the tome, depending on approval of the zoning, from the
• Conrad Hiltols Foundation as they liked the proposal. If
successful, the program would be dupli:ated on a state wide and
possibly a national level. This proposal would allow the women to
stay near their children instead of having to go to a center far
from their children.
Council Member Cott stated that Mr. Gibbons had received $250,000
• in a grant.
O O
Gibbons replied that it was only $215,000 from the Hilton
Foundation which was in escrow.
Council Member Cott asked how long that money would last.
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City of Denton City Council Minutes
April 1, 1997
Page 7
Gibbons replied that on June 1 it would revert back to the Hilton
Foundation if he had not purchased the home.
Council Member Cott asked that assuming he purchased the home,
would that be a year's expense.
Gibbons replied no, that he would be licer;~d by the Texas
Commission on Alcohol and Drug Abuse and al" funded with an
outpatlent grant with the State of Texas.
Council Member Cott suggested that the City's Finance Department
look at how long that money would last.
Council Member Young asked how far was the closest facility. ii
Gibbons replied Dallas which was full.
Council Member Young asked how many families would be at the
facility at one time.
Gibbons stated that the children would have be to limited to five p
in the house. The house would support a total of 20 women. There
were plans to remodel the two car garage which would provide two
additional bedrooms.
Council Member Young stated that this would be young women with
children with drug and/cr alcohol abuse problems.
Gibbons replied correct plus pregnant women.
Council Member Young asked how the children would be taken care of.
Gibbons replied that he had relations with UNT and the Early
Childhood Development Department to work with the residents. There
would be full-time child car3 established.
• Council Member 9easley asked why the request was for light
industrial rather than a different type of zoning.
i
Gibbons stated that initially light industrial was needed for a
residential treatment center and a half-way house was in the office
zoning.
0 Council member Beasley stated that the general retail zoning or
agricultural zoning could have been requested. O
Gibbons replied that light industrial was also requested becausa
one of the neighbors might sell to a similar venture.
Council Member Biles asked who were the present owners of the
property.
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City of Denton City Council Minutes
April 1, 1997
Page 8
Gibbons replied Tony and Carol Grives.
Council Member Hiles stated that when the property was acquired,
only a narrow scope of uses would be needed.
Gibbons replied correct.
Council Member Hiles stated that it would be alright if the zoning
were limited to that scope of uses.
Gibbons replied as long as the use allowed the stated use.
Tom Hardy stated that the nearest alcohol treatment facility was
3/8th of a mile down the road and now another one was requested in
the area. He felt the proposal would be detrimental for future
sales of area property. Other property in the area was zoned
agricultural, and if this zoning was changed to light industrial,
there were more uses allowed for the property. He was in favor of
helping others but was not in favor of this proposal. He did not
like the idea of having his wife at home alone with this type of
facility in the area.
The Mayor closed the public hearing.
The following oriinance was considered:
NO. 97-092
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
SPECIFIC USE PERMIT ALLOWING THE OPERATION OF A HALFWAY
HOUSE/HOME FOR CARE OF ALCOHOLIC, NARCOTIC OR PSYCHIATRIC
PATIENTS ON A 1.97 ACRE TRACT LOCATED ON THE SOUTH SIDE OF
UNIVERSITY DRIVE, APPROXIMATELY SIX HUNDRED (600) FEET WEST OF
CINDY LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
• Cott motioned to deny the proposal. Motion died for lack of a
second. i
Young motioned to approve the zoning for light industrial with a
condition that it be used for a halfway house and narcotic
treatment facility.
® Mayor Pro Tem Brock asked if all other light industrial uses would •
be prohibited. She seconded Council Member Young's motion.
City Attorney Prouty stated in the past conditions had been placed
on a proposal by striking a use but never pushed to where only two
uses would be allowed. He felt it might be better to go through a
specific use permit in an agricultural district.
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City of Denton City Council Minutes
April 1, 1997
Page 9
i
Council Member Biles asked if the petitioner would have to reapply
for that zoning.
City Attorney Prouty stated no, as it was less restrictive.
Council Member Hiles stated that rather than going light industrial
zoning, the zoning would be agricultural with specific use permits
for a halfway house and a home for the care of alcoholic, narcotic
or psychiatric patients. The petitioner would not go through
process as the zoning was going from unrestricted to restrictive.
Mayor Pro Tem Brock withdrew her second to the motion.
Council Member Young withdrew his motion. He motioned, Beasley
seconded for approval as per the City Attorney's suggestion.
Council Member Beasley stated that if the zoning did not make any
difference to the applicant then it should stay agricultural. The
facility up the street was not a residence facility. This was
needed in Denton. There was quite a bit of distance between the
Hardy property and this proposal.
Council Member Cott stated that people living next to this facility
were afraid. The Council was not showing compassion to the
residents.
Svehla stated that if a specific use permit were requested, it
would have to be a specific use permit for the current building.
The petitioner had indicated that he might change the use of the
garage for more residential use. If that were done, an amendment
would have to be done to allow for that change.
Mayor Miller suggested to include that change in the specific use
permit to allow residential uses. The motion could be amended to
allow for that provision.
0 City Attorney Prouty stated that the motion could be made to allow
the specific use permit any remodeling for the uses proposed.
Mayor Miller asked if the maker of the motion and the second would
amend the motion to allow for modifications to the facility.
Council Members Young and Beasley agreed to include improvements to
® the facility as needed.
On roll vote, Beasley "aye", Brock "aye" Cott "nay", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried with a 6-1 vote.
S. The Council held a public hearing and considered adoption of
an ordinance rezoning 11.40 acres from the Agricultural (A) zoning
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City of Denton City Council Minutes
April 1, 1997
Page 10
district to the Single Family 7 (SF-7) zoning district. The
subject property was located approximately 1,500 feet south of
Robinson Road, at the Denton/Corinth city limit line. (The Planning
and zoning commission recommended approval 6-0.)
Rick Svehla, Deputy City Manager, stated that this property was on
the City's boundary with Corinth. This property would be in the
City of Denton and when annexed was zoned agricultural. This was
part of the final stages for the developer who was requesting SF7
homes. Six notices were mailed and no replies were received for or
against the proposal. The Planning and Zoning commission
recommended approval with one condition for a 10 foot buffer yard
consisting of specific sized trees and a fence.
The Mayor opened the public hearing.
Amy Homley stated that she was representing the client and would
answer any questions from Council.
The Mayor closed the public hearing.
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Mayor Pro Tem Brack stated that there were quite a few constraints
about developing the area. Questions of access and flood plain
would not affect the zoning issue.
Svehla replied correct. Before any development could occur, a plat
would have to be approved. There was a large flood plain in this
area and portions of Loop 288 appeared to be on this tract.
Initially the access to the property would have to be through the
City of Corinth. The developer owned property in Corinth and his
proposal was to begin the development in Corinth and extend the
infrastructure through the City of Corinth to Denton.
The following ordinance was considered:
NO. 97-093
• AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A SINGLE FAMILY 7 '
CONDITIONED (SF-7[c]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 11.40 ACRES LOCATED APPROXIMATELY 1$00 FEET
SOUTH OF ROBINSON ROAD ON THE DENTON/CORINTH CITY LIMITS LINE;
• PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR •
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE C TE.
Beasley motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
flaye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
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City of Denton city council Minutes
April 1, 1997
Page 11
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VARIANCES
9. The Council considered an exaction variance of Section 34-
114(17) concerning sidewalks along Spencer Road for the Waterford
at Spencer Oaks. The subject property consisted of 42.613 acres in
a Multi-Family 1 Conditioned (MF-1[c]) zoning district, and was
located between Spencer Read and Loop 288, just east of the
abandoned railroad right-of-way. (The Planning and Zoning
commission recommended denial 6-0.)
Rick Svehla, Deputy City Manager, stated that the Planning and
zoning Commission had reviewed this proposal and had recommended
denial. The sidewalk would be along Spencer Road. The Planning
and Zoning commission felt there were reasonable conditions for the
sidewalk. One reason was the close proximity to the Rails-to-
Trails right-of-way project. A second reason was that Spencer Road
ran into Loop 288 with a lot of traffic. The cost per unit was
very low in relation to the single family residences.
Mayor Miller stated that there were two requests - one for Loop 288
and one for Spencer Road.
Svehla replied that Council would only be acting on the denied
portion of the variance.
Council Member Biles stated that this was the multi-family proposal
which the Council recently considered. The frontage on Spencer and
Loop 288 was multi-family.
Svehla replied correct.
Council Member Biles stated that on the back side of the proposed
multi-family was the railroad.
Svehla replied that it was very close to the old railroad right-of-
way. The tracks were no longer there.
• Council Member Biles asked about the Rails-to-Trails comment.
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Svehla stated that the Planning and zoning commission recommended
denial of the request to not have sidewalks as it saw a logical tie
with the Rails-to-Trails in this area.
e Beasley motioned, Biles seconded to deny the variance.
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Council Member Young stated that he remembered when the developer
carne in for approval of the proposal and indicated that they would
build the sidewalks. He was shocked at their now not wanting to
build them.
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City of Denton City Council Minutes
April 1, 1997
Page 12
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On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried unanimously.
10. The Council considered an exaction variance of Section 34-
114(17) concerning interior sidewalks for Planned Development 34
(PD-34). The subject property was located on the west side of
Mockingbird Lane, approximately 250 feet north of Christopher
Drive. (The Planning and zoning commission recommended denial 6-
0.)
Rick Svehla, Deputy City Manager, stated that this was the same
planned development Council just considered for zoning. The
request was for no interior sidewalks. Staff did not recommend
approval and the Planning and Zoning Commission denied the request.
The reasons for denial included the fact that the cost was not a
large factor and as the lots were 5,000 square foot lots, a need
for sidewalks was indicated.
Biles motioned, Young seconded to deny the variance. On roll vote,
Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles
"aye" and Mayor Miller "aye". Motion carried unanimously.
11. The Council considered an exaction variance to Section 34-
116(e) pertaining to fire flow and Section 34-116(c) pertaining to
fire hydrants. This 143.027 acre tract was located in Division One
of the City of Denton's extraterritorial jurisdiction on the
southeast corner of Green Valley Circle and Shepard Road. (Blue
Sky Estates) (The Planning and Zoning Commission recommended
approval 6-0.)
Rick Svehla, Deputy City Manager, stated that this petition was to
eliminate the fire flow requirements and the hydrant requirements.
In this instance, the closest water line was four miles away which
would require a large amount of money to have water to the
development. There was water in the area or wells could be drilled
• but it would not meet the fire flow requirements.
Beasley motioned, Brock seconded to approve the variance. On roll r
vote, Beasley "aye", Brack "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
0 12. The Council considered an exaction variance to Section 34-
114(17) concerning sidewalks for the Connell Addition. The 20.345 R O
acre tract was located on the north side of Hickory Creek Road,
west of FM 2181. (The Planning and zoning commission recommended
approval 6-0.)
Rick Svehla, Deputy City Manager, stated that the applicant ware
asking for a sidewalk variance due to the width of the two lots in
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City of Denton City Council Minutes
April 1, 1997
Page 13
the development. One lot was very long, almost 400 feet. The
Planning and Zoning commission had reviewed the request and had
recommended approval.
Council Member Beasley asked about the cost to put in that
sidewalk.
Svehla replied that it would be approximately $3,400.
Council Member Beasley asked if there was any other sidewalks to
connect with.
Svehla replied that there were sidewalks further to the west r.nd
McNair School was on this road. on the north side of Hickory Creek
Road was the Oaks of Montecito. Staff had had discussions with the
owner of the lots between the proposal and the Oaks of Montecito.
He was planning on building half acre lots with an indication that
he would be agreeable to building sidewalks.
Brock motioned, Durrance seconded to deny the variance due to the
fact that the property was in a critical area near a school.
Council Member Cott stated that this was a unique situation as the
area had a child use to the school. Under those conditions he felt
the DISD should pay for part of the sidewalks.
Council Member Beasley stated that the whole area was developing
and felt it was necessary to have sidewalks in the area. She would
support the motion.
Council Member Biles stated that he would support the motion to
deny.
Council Member Young stated that in time the sidewalks would be
needed for children going to school.
• Mayor Miller stated that there was a comment in the back-up
materials about some large trees which would be in the way for the
sidewalks.
Svehla replied that the sidewalks could probably go around those '
trees. There would be a requirement for a dedication of right-of-
way for extra space.
• Bill Coleman stated that the purpose of the variance was that it O 0
would be a family project and the remainder of the tract would not
be developed. Most of the remainder of the property was in a flood
plain with a large drainage area. For a sidewalk to connect to
anything else it would have to be bridged across the drainage area.
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City of Denton City Council Minutes
April 1, 1997
Page 14
Svehla stated that a cost estimate for a bridge over the drainage
area had not been done. Some sort of crossing was currently in
place. If Council desired, a cost analysis could be done. Some
sort of culvert structure was currently in place.
Mayor Miller stated that he was a strong advocate for sidewalks in
the City. He noticed on this proposal, loth staff and the Planning
and Zoning Commission recommended approval. The back-up materials
stated that the development in the area would be on the other side
of the street and probably would have sidewalks on that side of the
street. He questioned the likelihood about this property
connecting to other sidewalks.
Svehla stated that staff recommended denial while the Planning and
Zoning Commission recommended approval.
Mayor Pro Tem Brock stated that there had to be a beginning for a
sidewalk somewhere in the area. She felt there would be
development in the area which would eventually adjoin this
development.
On roll vote, Beasley "aye", Brock "aye", Cott "nay", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "nay". Motion
carried with a 5-2 vote.
CONSENT AGENDA
Council Member Cott asked for separate consideration for Item 114.
He felt that the request was for a lot of money for the furniture
for this building.
Mayor Miller stated that he was on the task force regarding the
renovation. The money was in the budget and the proposal was under
budget for furniture.
Council Member Cott asked for a separate consideration of Item 119.
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! Mayor Miller asked for a vote on 114.
The following ordinance was considered:
NO. 97-095
! AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR ! O
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid 12014 - Furniture Bid -
City Hall Renovation)
Beasley motioned, Biles seconded to approve Item 114.
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City of Denton City Council Minutes
April 1, 1997
Page 15
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Council member Cott stated that his point was why this building was E
chosen and this Council to make a quality stand on what was going
into the building. Other costs were trying to be kept down and
here there was a lot of money for furniture.
On roll vote, Beasley "aye", Brock "aye", Cott "nay", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried with a 6-1 vote.
The following ordinance was considered:
NO. 97-100
i
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT
SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS,
AS REQUIRED, TO OBTAIN FUNDING FOR THE 1997 SUMMER FOOD
SERVICE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS TO
ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Young seconded to approve item 019.
Council Member Cott questioned how the schools were chosen. Why
were not all of the schools done.
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Janet Simpson, Superintendent of Leisure Services, stated that the
elementary schools were chosen by the DISD which rotated where the
summer sites would be and where summer school was held. That was
where the lunch program was held.
Council Member Cott asked why all the schools were not done.
Simpson stated that this was just for the summer school session and
only two locations were chosen each year. The other sites were not
open.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
• "aye", Young "aye" Biles "aye" and Mayor Miller "aye". Motion
carried unanimously. t
Biles motioned, Durrance seconded to approve Consent Agenda Items 1 /
113, 115, 016, 117 and 018 and the underlying ordinances.
• Council Member Young asked for a discussion of Item 117. The
playground equipment was for the Fred Moore Park, Mack Park, and •
Phoenix Park.
Tom Shaw, Purchasing Agent, stated that Item 11 was for Fred Moore
and for McKenna Park. Item 12 was for Phoenix and Item 13 was for
South Lakes Park. i
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City of Denton City Council Minutes
April 1, 1997
Page 16
Council Member Young asked about the funding for the equipment.
Shaw stated that CIP funds were set aside for the equipment and
also the Phoenix equipment was being funded with CDBG funds.
on roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried unanimously.
13. NO. 97-094
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, Box Blade, Mower - Items 2, 2A and 2B)
14. Item 114 was considered earlier.
15. NO. 97-096
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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 12017 - Distribution
Transformers)
16. NO. 97-097
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 12019 - Trailer Mounted
Boring Machine)
17. NO. 97-098
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 12029 - Playground
Structures)
18. NO. 97-099
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING THE
NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OYFICER;
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 DECLARING
AN EFFECTIVE DATE.
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City of Denton City Council Minutes
April 1, 1997
Page 17
19. Item 119 was considered earlier.
ITEMS FOR INDIVIDUAL CONSIDERATION
20. The Council considered adoption of an ordinance authorizing
the Mayor to execute Amendment Number Four to the agreement between
the City of Denton and HDR Engineering, Inc. for professional
engineering services for the City of Denton Sanitary Landfill
Development relating to Phase III and Phase IV thereof; and
providing for the expenditure of funds therefor.
Howard Martin, Director of Environmental Operations, stated that
staff was requesting Council consideration and approval of
Amendment 14 to the existing HDR contract for public hearing
activities and expert testimony in the upcoming administrative
hearings and for the design, engineering and construction
associated with Cell 1 for the proposed landfill in amount of
$298,000. Of the $298,000, $92,600 was associated with the public
hearing activities and $205,400 was associated with the design,
engineering and construction services associated with the
construction of Phase I. It was expected that 860 manhours of time
would be required for issues associated with the landfill
construction. Phase 4 activities included four major tasks -
construction plans, bid administration, construction and related
activities, and project management and administration. The original
proposal subtracted out surveying activities which staff could do
and minimized the HDR project management expense by using the
City's own project manager for daily on-site activities.
Construction activities would be largely subsc-tractad out for soil
and liner testing and quality control. Phase 4 would not be
started unless the TNRCC permit was received.
Council Member Young asked how many years were left in the current
landfill.
Martin stated that it would be full by October/November of 1998.
e Council Member Young asked how far into the future would the new
landfill go.
Martin replied that it would last approximately 30-50 years
depending on how aggressive the City was in recycling.
S Council Member Young asked what effects the landfill would have on
the deep water wells in the area. • O
Martin stated that much of the development for current landfills
under current regulations dealt with minimizing the impact on
ground water. The landfills today were the safest landfills thus
far. There were many techniques today to protect group! ;rater.
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City of Denton City Council Minutes
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Page 18
Council Men.ber Young stated that there would be no effects on deep
water wells.
Martin replied correct.
Council Member Beasley asked when the City could anticipate the
TNRCC hearing.
Martin stated that the City was working with the chief Clerk's
Office and it was expected to have the hearing scheduled at any
time. A notification mould set a 30 day process in place for
notice.
Wilma Haggard stated that the people in the area were concerned
that the City was already working on the landfill. The City did
not have a meeting with the State which was supposed to be in
September.
Mayor Miller stated that there would be a public hearing as quickly
as passible but that was done through the State.
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Council Member Young asked that the city set up a meeting with
people in the area to brief them on where they were in the process
and to address their concerns.
Martin stated that staff had already done that and outlined a
schedule of events which was not holding to the anticipated time
frame.
The following ordinance was considered:
NO. 97-101
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER
FOUR TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND HDR
ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR
• THE CITY OF DENTON SANITARY LANDFILL DEVELOPMENT RELATING TO
PHASE III AND PHASE IV THEREOF; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. r
Beasley motioned, Cott seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young fff
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
8 unanimously. ,
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21. The Council considered adoption of an ordinance authorizing
the City Manager to execute a professional services agreement with
Em,.on, Inc. regarding services related to preparation for Texas
Natural Resource Conservation Comnission Administrative Hearing for
landfill permit; and authorizing the expenditure of funds therefor.
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City of Denton City Council Minutes
April 1, 1997
Page 19
Howard Martin, Director for Environmental operations, stated that
this contract was for $17,150 for expert testimony in the upcoming
public hearings. Emcon was the firm which conducted the geological
and hydrogeological investigation of the site. Actual labor and
direct expenses might vary from the estimate depending on the
nature of the hearing, the length and complication of the hearing.
The following ordinance was considered:
NO. 97-102
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXEI;UTE A
PROFESSIONAL SERVICES AGREEMENT WITH EMCON, INC. (111.24CON11)
REGARDING SERVICES RELATED TO PREPARATION FOR TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION ADMINISTRATIVE HEARING FOR
LANDFILL PERMIT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Durrance seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"nay", Biles "aye" and Mayor Miller "aye". Motion carried with a
6-1 vote.
22. The Coun::il considered adoption of an ordinance authorizing
the City Manager to execute an employment contract for professional
legal services with Kelly, Hart & Hallman, P.C. for legal services
relating to the amendment to the City of Denton's Municipal Solid
Waste Permit No. 1590A and related activities; and authorizing the
expenditure of funds therefor.
Howard Martin, Director of Environmental Services, stated that this
firm would provide legal representation at the upcoming public
hearing. The firm had been used previously and would do a good
job.
The following ordinance was considered:
NO. 97-103
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN /
EMPLOYMENT CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH
KELLY, HART & HALLMAN, P.C. FOR LEGAL SERVICES RELATING TO THE
AMENDMENT TO THE CITY OF DENTON'S MUNICIPAL SOLID WASTE PERMIT
NO. 1590A AND RELATED ACTIVITIES: AUTHORIZING THE EXPENDITURE
® OF FUNDS THEREFOR; AND PROVID':.,(. AN EFFECTIVE DATE. O O
Biles motioned, Durrance 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.
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City of Denton City Council Minutes
April 1, 1997
Page 20
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23. The Council considered adoption of an ordinance authorizing
the City Manager to execute a first amendment to the contract for
professional legal services with the law offices of Jim Boyle;
authorizing the expenditure of funds therefore; and providing a
savings clause.
Bob Nelson, Executive Director for utilities, stated that this
contract would provide additional services to help the City with
work with the State legislature regarding deregulation in Austin.
These services were needed to help protect the City's financial
interest in its utility.
The following ordinance was considered:
NC. 97-104
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH
THE LAW OFFICES OF JIM BOYLE; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
Biles motioned, Beasley seconded to adopt the ordinance.
Council Member Cott suggested keeping in touch with the area's
legislators.
Mayor Miller stated that this was something which the City was
working on very closely with its legislators.
Council Member Young stated that he had heard some concern from the
legislators that the City was going over their heads with the
lobbyists.
Mayor Miller stated that the impact of this issue on the City was
approximately $300 million and the Council had an obligation to do
the best job it could for its citizens. This was not about trust
or confidence in legislators but the City must do the best it
could.
Council Member Durrance stated that Denton was doing this in a
cooperative effort with other cities such as Garland.
Council Member Cott stated that this was only one interest and the
City needed to work with the State legislators very closely. The O O
City should not pass those individuals by.
Mayor Miller stated that the City would not pass them by. It was
bringing them into the situation.
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City of Denton City Council Minutes
April 1, 1997
Page 21
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On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"ayes", Young "nay", Biles "aye" and Mayor Miller "aye". Motion
carried with a 6-1 vote.
24. The Council considered a resolution approving the assignment
by Bruce Brown of the "Tract All lease of airport property to Dwayne
E. Hatcher and David W. Austin, said property consisting of
19,122.84 square feet.
Linda Ratliff, Economic Development Director, stated that this
resolution would assign the Brown property to Austin and Hatcher.
All existing terms and conditions would remairs the same. The
Airport Advisory Board recommended approval.
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The following resolution was considered:
NO. R97-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE ASSIGNMENT BY BRUCE BROWN OF THE "TRACT All LEASE
OF AIRPORT PROPERTY TO DWAYNE E. HATCHER AND DAVID W. AUSTIN,
SAID PROPERTY CONSISTING OF 19,122.84 SQUARE FEET; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Durrance seconded to approve the resolution. on
roll vote, Beasley "aye", Brock 7,ays", Cott "aye", Durrance "aye",
Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
25. Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items for Council.
26. There was no official action on Closed Meeting Items.
27. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Couno:il Member Biles requested a work session item
regarding a proposal to amend the sign ordinance to adopt the
scenic highways legislation designatinq 5 areas - Loop 288 from
O Highway 380 to I-35; I-35E from the Drinth city limits to the
junction of I-35 east anO west; I-35W from the Argyle City limits O O
to the junction of I-35 east and west; I-35 from the junction of I-
35 east and west to the north city limits; and Highway 380 from
city limits to city limits. The City would pursue the TxDOT
recommendations and also explore the possibility of eliminating
appeals to the Sign Board looking at the distinctions between
developed and undeveloped land.
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City of Denton city council Minutes
April 1, 1997
Page 22
B. Council Member Durrance requested a report regarding the
impact on fire, police, etc. following the first race.
C. Council Member Young requested a cost estimate for
drainage on Pecan Creek off San Gabriel.
D. Mayor Pro Tem Brock stated that April 12th was clean up
day on the Council's adopt-a-spot.
E. Mayor Pro Tem Brock requested a re-study of the park
dedication ordinance and the possibility of forming a task force to
study the issue.
28. There was no continuation of Closed Meeting.
With no further business, the meeting was adjourned at 10:20 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCO037A
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Agenda No-jL-Q&--
Aganda 1te
CITY COUNCIL REPORT FORMAT Cate
TO: Mayor and Members of the City Council
FROM: Rick Svehia, Deputy City Manager
DATE: Junta 3, 1997
SUBJECT: Consider approval of exaction variances to Section 34114(17) oonceming sidewalks;
SW' 34-114(11) concerning cul de sac lengths; and Section 34.124(e) concerning
design standards. The 304.97 acre tract is located northeast of Brushcreek
1 , d Highway 377.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval of the variances
SUMMARYi
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
Respec submitted,
ick Svehl
Prepared by: Deputy City Manager
Donha Bateman
Senior Planning Technician
•
Approved by:
ve HIII, AICP, ASLA ~ . _
e>t Planning Director 0
Attachments #1-3: Planning and Zoning Commission Reports.
Attachment #4: Planning and Zoning Commission Minutes torn December 11, 1996.
Attachment #5: Draft Planning and Zoning Commission Minutes of May 14, 1997.
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
TO: Mayor and Members of the City Council f
FROM: Planning and Zoning Commission
DATE: June 3, 1997
SUBJECT: EXACTION VARIANCE FROM SECTiCN 34-114(17) CONCERNING SIDEWALKS FOR
THE HILLS OF ARGYLE.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the sidewalk variance on internal
streets. Sidewalks will be installed on Brush Creek Road and Highway 377.
SUMMARY
The 304.97 acre tract fronts on both Brush Creek Road and Highway 377 (in an "L' shaped
pattern). The initial five hundred (500) feet of property, fronting on Highway 377, is zoned
Agricultural (A) and Hats been since annexed in 1969. The remaining portion of the property was
annexed and zoned Agricultural (A) by the City Council at its meeting of May 6, 1997.
BACKGROUND
Greg Edwards, representing the owner of the proposed "Hills of Argyle' subdivision has applied for
a variance of Sect on 34.114 (17) of the Code of Ordinances concerning sidewalks. The cited
section requires sidewalks on both sides of internal streets and along one side of perimeter streets.
This would include Brush Creek Road on the south and U.S. 377 on the west, The developer
proposes no sidewalks within or adjacent to the subdivision, except for Brush Creek Road. The
developer proposes a trail system through the common area along the east portion of the
subdivision. No details concerning the width or surface of the trails have been given, The
applicant bases the variance on the rural character of the subdivision and the large lot frontages.
The Council considered, and approved a variance for sidewalks only on [hush Creek Road at its
meeting on January 7, 1997. After Council approved the request the applicant changed the street
layout of the proposed subdivision. The Subdivision and Land Development Regulations requires
the final plat to conform to the preliminary plat. Therefore, consideration of a new preliminary plat,
including variances, is required. Had the applicant not chosen to revise the preliminary plat, final
plat approval from the Planning and Zoning Commission is all that would have been required,
e ANALYSIS
As the variance is not related to the shape or topography of the property, it would be an exaction
variance. An exaction variance may be recommended to the Council if the Planning and Zoning
Commission find the following exist:
Where the Commission finds that the Imposition of any development exaction pursuant to these regulations
O exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of that tract
to be platted, it may recommend approval of variances to walve such exactions, to as to prevent such excess, to
the City Council. Waiver of developmental exactions shall be approved by the City Council.
ENCLOSURES
1 Revised Preliminary Plat
2. Previously approved Preliminary Plat
cy •
0
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ENCLOSURE 1
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The Hills of Argyle v
A 142 L07 EINOL(. FAMILY
DETATCHED DEVELOPMENT ON 8RL'8HrREE 7
•1.97 ADEN"CN. DEN ON COUNTY. SURVEY A- 1104 wl w-. • IPJ••ICi31 lab y1LRTt 3U11'At
r]n F-rrcmr Jsauus a e M93~~' I
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hT
The Hil1S of Argyle o Ai TOGWIN I:
Rw.n rAPrt•.u. coRROlunoN GREG EDJfAUT P. C
11
w° PRCLI MINARY PLAT •e1'i '1 W.,Ke. mw "14 Mm
1 w r 114 •e. A,wMt l.rir 1D1 V7M
"WON. DCNION CPVNr . rfXAf wr+... o- trc:' I'„1.1.11. la uus11•wwJ
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•
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ar W ATTACHMENT 2 nnnr na>•
PLANNING AND ZONING COMMISSION REPORT
TO: Mayor and Members of the City Council
FROM: Planning and Zoning Commission
DATE: June 3, 1997
SUBJECT: EXACTION VARIANCE FROM SECTION 34-114(11) CONCERNING CUL DE SACS
FOR THE HILLS OF ARGYLE.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the cut-de-sac length variance.
SUMMARY
The 304:97 acre tract fronts on both Brush Creek Road and Highway 377 (in an "L' shaped
pattern). The initial five hundred (500) feet of property, fronting on Highway 377, is zoned
Agricultural (A) and has been since annexed in 1969. The remaining portion of the property was
annexed and zoned Agricultural (A) by the City Council at its meeting of May 6, 1997.
BACKGROUND
Greg Edwards, representing the owner of the proposed "Bills of Argyle" subdivision has applied for
a variance of Section 34-114 (11) of the Code of Ordinances concerning cul-de-sac lengths: The
cited section requires that cul-de-sacs be a maximum of 1,000 feet long.
The Council considered, and approved a variance to allow for cul-de-sac 1,700 feet in length at its
meeting on January 7, 1997. After Council approved the request the applicant changed the street
layout of the proposed subdivision. The Subdivision and'-" Development Regulations requires
the final plat to conform to the preliminary plat. Therefore, consideration of a new preliminary plat,
including variances, is required. The proposed subdivision layout has a cul-de-sac approximately
1,100 feet long near the southeast corner. Because of the large lot size, the lot yield is much less
than a normal city standard subdivision. Thus the developer wishes to minimize the amount of
streets within the subdivision. Had the applicant not chosen to revise the preliminary plat, final plat
approval from the Planning and Zoning Commission is all that would have been required.
ANALYSIS
As this variance is based on the type of lots and financial considerations, it would be an exaction
variance. An exaction variance may be recommended to the Council if the Planning and Zoning
• Commission find the following exist:
r
Where the Commission finds that the Impositon of any development exactiai pursuant to these regulations
exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract
to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to
the City Council. Walver of developmental exactions shall be approved by the City Council.
O ENCLOSUIIES • O
1. Reviser) Preliminary Plat
2. Previously approved Preliminary Plat
a
•
ENCLOSURE 1
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I he hills of Argyle
A 112 IAT sl%ru FAMILY-'-•""~"`^•'_- F
DETATCH£D DEVELOPMENT ON `QAUSffjCREF -T70X7.
'997 ACRFS IA THE J SEVERE SURVEY A-1169 .•t .rr • OTNEI
DENY". DEN[DN COU.NTY, 7FI(AS vl)VCpN I
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~.~•'a• The Hills of Arty CJ le OWNER ENGNECR VNI
r" by REALTY CAPITAL COR.r"RAT70N CREO EDT(ARD9 A. E.
r d°I PRELIMINARY FLAT ..+•'1 r; ,u1 i rt (r• C(-i tt••5 rim ug4lr
OCMON, CCN /On COV'~IY, rCrAS JM1'•'• Fn.••.rL rT' h t~rl11-YID. h. 41~l,1~%U
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e
ATTACHMENT 3
PLANNING AND ZONING COMMISSION REPORT
TO: Mayor and Meni of the City Council
FROM: Planning and Zoning Commission
DATE: Jude 3, 1997
SUBJECT: EXACTION VARIANCE FROM SECTION 34-124(e) CONCERNING DRAINAGE DESIGN
STANDARDS FOR THE HiLLS OF ARGYLE.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the drainage design standards
except that the proposed pond have a hard edge.
SUMMARY
The 304.97 acre tract fronts on both Brush Creek Road and Highway 377 (in an "L" shaped J
pattern). The initial five hundred (500) feet of property, fronting on Highway 377, is zoned
Agricultural (A) and has been since annexed in 1969. The remaining portion of the property was
annexed and zoned Agricultural (A) by the City Council at its meeting of May 6, 1997.
BACKGROUND f
Greg Edwards, representing the owner of the proposed "Hills of Argyle" subdivision has applied for
a variance of Section 34114 (11) of the Code of Ordinances concerning drainage design
standards. The cited section requires that drainage courses, not associated with a fioodplain, be
handled with underground pipe or a full channel lining. The developer proposes open channel
drainage with ten (10) foot wide pilot channels constructed of a hard lining. They wish to handle
the drainage in this manner because of the large rural nature of the lots. I
Tr:e Council considered, and approved a variance to allow for natural open channels at its meeting
on January 7, 1997. After Council approved the request the applicant changed the street layout of
the proposed subdivision. The Subdivision and Land Development Regulations requires the final
plat to conform to the preliminary plat. Therefore, consideration of a new preliminary plat,
inchiding variances, is required. Had the applicant not chosen to revise the preliminary plat, final
plat approval from the Planning and Zoning Commission is all that would have been required.
ANALYSIS
e As this variance is not related to natural topography or shape, it would be an exaction variance.
An exaction variance may be recommended to the Council if the Planning and Zoning Commission
find the following exist: r
Where Vie Commission finds that the imposition of any development exaction pursuant to these regulations
exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract
to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to
• the City Council, Waiver of developmental exactions shwt be approved by the City Council.
e
ENCLOSURES
1. Revised Preliminary Plat
2. Previously approved Preliminary Plat
0 - - - 0
s
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w
f''NCLOSURE 1
41
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The Hills of Argyle
i 144 to oaa rums ✓ - - .L ' ,
srm® PervArMT a1 $F V ?EEt ROAD f
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46
The Hilis of Argyle , Wore
` PREUVINARY PUT IIfKI~'y Il00TOMr104 0Oq,F t,.f n1. ,ri~1r
1 y . 10/7 I-'4 A044 rqSr' RbU RAW
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ENCLOSURE 2 l
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11 ty- r\
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11 VUrI wa • •
The Hills of Argyle vti;f~~v i
A Ifz LOT S NCLC FAMILY
usTATCIIED DEVrLOUENT ON
'"7 ACHES iN THE 1. 5EVEPE SURVEY A-I IO/ . a [NCf
DENTON. DENTON COUNTY. TirA! FIIEwCRTi w
M. ~Lr v,,
CIS W' ~11
NO M 1C alr O~l'h( M YT0.4fD LB51xA0
rar /RDIn r
s+rou]Hills of Argyle "[l 1 D IfNEP
O
7~12 C NEC rrniil.
r" Fay• . CAPITA]. CORPORATION OREO E! EOe[CIARD!R: P It
~yll, PRELIMINARY PLAY er arF.
,RI ywn'VV. MhrLY ICrti )1101 NT~rnr
MN/ON', O[N(O'I CQ'/N 111 IEIr 11 Di; R I f. 1.n ID's M SV-prI-SqL IV [Iw)11-DyQ LNrN
~rrL
•
•
ATTACHMENT 4
MU Minutes
December 11, 1996
"age 23 i
i
XIII. The Hills of Argyle. Located at the northeast corner of Highway 377 and Brush Creek Road.
a. Consider a variance of Section 34-114(17) concerning sidewalks.
b. Consider a variance of Section 34-114(11) conceming cul de sacs.
c. Consider a variance of Section 34-124(e) concerning drainage design criteria.
Mr. Salmon: The first variance we are considering is for sidewalk requirements. The applicant is not
proposing any internal sidewalks or sidewalks along the perimeter which are required by our subdivision
ordinance. The applicant has proposed a trail system around the east side of the development. He is not
proposing concrete sidewalks due to the rural nature of the subdivision and the expense associated with
concrete sidewalks. This is ~n exaction variance. Staff does not recommend that the sidewalk variance
be granted as proposed. We would agree that because of the size of the lots the intemal sidewalks would
be excessively expensive on a per lot basis. We would recommend that a variance be granted for the
internal sidewalks. They are within eight thousand feet of a city water line they are required to install
sidewalks on the perimeter roads. Staff finds it a little bit difficult to recommend that simply because the
amount of perimeter frontage that they have is really relatively small compared to the number of tots.
The perimeter sidewalks would cost therm about a hundred and eighty-five dollars per lot. Another thing ~j
that 1 would mention is that a large portion of the perimeter sidewalks are along Hwy 377 which is not
being proposed for residential development. One suggestion that staff has is that they leave that area out
of the final platting at this time and simply final plat those lots when they have a user or when they think
they will be marketable for a non-residential use. At that time I don't think that it will be as far out in
the country as it is now and sidewalks may be more appropriate then.
The second variance comems the length of cul-de-sacs. Our orCaance currently requires that cul-de-sacs
be a maximum of one thousand feet long. Down in the southeast comer of the proposed development
there is a cul-de-sac that is quite a bit longer than a thousand feet. The other cul-de-sacs in the
development do meet the one thousand foot requirement. If you were going to build a thousand foot long
cul-de-sac in Denton in an SF-7 subdivision you could fit about thirty-two lots along it. We try to limit
cul-de-sacs because we don't want to have a lot of homes or businesses in an area that only has one
entrance and exit for emergency purposes. In this case because of the size of the lots there are only
• twenty-one lots even though it is seventeen hundred feet long. They have fewer lots here than what you
could potentially have on a thousand foot cul-de-sac. I think the safety issue wouldn't really be a concern
in this instance. Staff recommends this particular variance.
The third variance concerns the drainage design criteria. This developer would be required to install an
underground pipe system or fully lined channels depending on the amount of water. There are si,veral
Q easements through out the development that would fall under that requirement. The developer- has ® •
proposed a ten foot wide concrete pilot channel with grass sides. Because of the rural nature of the
subdivision and the expense associated with this staff would recommend that this variance be granted.
All three of these are exaction variances and you will be making a recommendation to the City Council.
Mr. Powell: Did you Lake into consideration the safety requirements for that long rul-de-Sac? It would
appear that you have more than a right angle rum and I wonder about getting a fire engine around that
corner.
•
•
P&Z Minutes
December 11, 1996
Page 24
Mr. Salmon: This is a preliminary plat and I can see that it is not quite a ninety degree angle there. We
require that our intersections beat ninety degrees plus or minus five degrees. They are going to have to
do that when they do the final layout for the subdivision and the final plat. That is normally when we
get all of those dimensions and distances worked out.
Ms. (tamer: Are there any sidewalks on Hwy 377?
Mr. Salmon: There is not one there now.
Mr. Richard Myers: My name is Richard Myers and I am the president of Realty Capital Corp. We are
based in Grapevine and we are the developer of the property. The Hills of Argyle is a beautiful piece of
property. It is a three hundred and four acre parcel. There are about a hundred and thirty-five residential
lots on the property. The lots range in size from about one to three acres. The price range fcr the homes
should be from a hundred and eighty thousand dollars to five hundred thousand dollars. Several of the
lots are wooded. We are proposing two to three miles of trails. Some of those will be concrete trails,
there will he areas with crushed rock, and areas with asphalt. These will be private trails for the
residents. There is about a hundred acres of common area out of the three hundred acres. We will have f
a homeowners' association, and an architectural committee. We control the design and quality of the
homes. We are in complete agreement with staff and we wilt put sidewalks in on Hwy. 377. We would
like to do that as the commercial property is filled out. We would put in the sidewalks along Brush Creek
Road right away.
Mr. Powell: How far is this from 1-35? e
Mr. Greg Edwards: My name is Greg Edwards and I live at 1116 Sandpiper. I am guessing that it is
about four to five miles.
Mr. Powell: I move that 2 variance of the internal sidewalk requirement for The Hilts of Argyle
subdivision as cited in Section 34-114(17) of the Code of Ordinances be recommended to the City Council
based on the unusually large lot size. I would include in that also a variance for the sidewalks on the
external portion of this subdivision that border Hwy 377.
• Nis. Ganzer: Second.
i ~
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved.
(5-0)
Mr. Powell: 1 move that an exaction variance of Section 34-11;(11) cf the Code of Ordinances for The
® Hills of Argyle subdivision conceming cul-de-sac length be recommended to the City Council due to the O O
unusually large lot size.
Ms. Ganzer Second.
Nis. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved.
(5-0)
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P&Z Minutes
December 11, 1996
°age 25
Mr. Powell: I move that an exaction variance of Section 34-124(e) of the Code of Ordinances for The
Hills of Argyle subdivision for drainage design criteria be recommended to the City Council as proposed
by the applicant.
Ms. Ganzer: Second
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved.
(5-0)
d. Consider the preliminary plat of Lots 1.64, Block A, Lots 1-52, Block B and Lots 1-24, Block C of
the Hills of Argyle
Ms, Bateman: This is a little over three hundred acres and just the front portio five hundred feet on
Hwy 377 is in the city limits. The rest is in Division One of the ETJ and we are doing a study for
annexation. Public improvements associated with this include fire hydrants, dedication of utility and
drainage easements, perimeter street paving along Brush Creek Road, and the construction of internal
streets. DRC is recommending approval of the plat with conditions,
Mr. Salmon- We were trying to fast track this plat to get it on this meeting since you will not meet again
until January. For this reason we were not able to work out some of the technical issues that we normally
would at this stage. The first condition is that the lake be included in the common area and the applicant
is in agreement. The second conditiu, k that the common areas be provided with adequate visibility and
access from public streets. At this po. staff is not convinced that as proposed the common area has
enough access and visibility from the public : cts. Currently what is being proposed is a thirty foot strip
f :m the common area out to the road and i thi ' there will be some type of access easement at the end
of the proposed lake. As it is those are the only mu , ccess points currently. We come to you with these !
recommendations based on the fact that even though this may be maintained by a homeowners' association
for a long time, common areas whether they are publicly or p1vately maintained still have the same safety
issues. In addition to that sometimes these common areas end up being owned by the city at some point
in the future anyway. What we would like to do is establish a common area that is going to be safe,
enjoyable, and useful for everyone involved. The third condition is that the lake be designed to require
minimum maintenance by including features such as a hard edge, a drainage system, and a concrete
• spillway. We comp with tt,ese conditions looking at the possibility that the city will be responsible for
maintaining this at some point in the future. Because this is not associated with a floodplain they would
be required to do a full concrete lining, or some other alternate lining, or put in underground pipes. O,1r
ordinance does not really allow for this lake. Staff is recommending with these conditions that the lake
would be an acceptable amenity simply because if the city does end up maintaining this lake it is going
to be something that is easy t, maintain and shouldn't be a burden on the citizens of Denton to maintain.
• One of the reasons that we require a hard edge is because of the soils that we have in this area they are 4 •
highly erosive. We have grasses that grow very high and we are looking at the mowing and mainteunce
issues. The fourth condition is that a homeowners' associp!:oa be formed and funded to maintain and be
liable for the common areas and that it be reviewed and approved prior to final plat approval.
Mr. Powell: Why are we saying that the lake be included in the common area?
Mr. Salmon: Originally the lake was going to be part of the lots that backed up to it. j
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P&Z Minutes
December 11, 1996
Page 26
Mr. Powell: With a hard edge, what happens if we have a dry spell and the level of the lake drops, the
hard edge is no longer the edge. We don't have a hard edge on North Lakes and that is owned by the
city, explain that?
Mr. Salmon: North Lakes was constructed by Soil Conservation Service, twenty or thirty years ago. 1
don't think those are good examples of the kinds of Ickes that we would like to have. There have been
some maintenance problems associated with those. You are right that if we have an exceptionally dry
spell the water could be below the hard edge, I think that statistically you try to design the lake so that
it is structurally sound. In doing so they are going to have to design the normal surface elevation. There
is more than one way to do a hard edge. There are gabians or you could do a bag wall system.
Mr. Svehla: We are talking about these common areas and a homeowners' association. On of the reasons
that we are thinking about this in arms of city maintenance is the size, and if that becomes city property
at some point then we would like better access to get in and out. We are trying to look at things in a
more long range.
Mr. Ed Rodney: My name is Ed Rodney and I am the Director of Parks and Recreation. I think it is
important for me to say that our recommendation is on the outside chance that it would become the city's
responsibility. We have to take that position. There is a safety issue and what we are talking about is
the common area in the back where the tra l will predor•,inately be established, lies on the backside nd
down slope and considerably from the level, the topography of where the streets are. It is also a
considerable distance from those public streets. In the unlikely event that it ever becomes a city
responsibility we would want to be able to get in and out more easily than what we see on this plat right
now and at more frequent intervals. It is about seventy-five hundred to eight thousand linear feet of trails
that we are talking about. That is almost a mile and a half of trails. When we talked with Greg he said
that they would be willing to make a few more access points. That is the primary concern that I have.
When it gets into the public maintenance of the lake a hard edge is desired. North Lakes is a poor
example. The trend today is to build a hard edge, especially in an area of intense use. You want to keep
the weeds down along the shore line and a hard edge facilitates that.
Mr. Svehla: In the past some of the development plans that are in place now speak to green belts and
linear parks. Certainly with this being on Hickory Creek, if you were going to do a linear green belt the
first place you would look is your major creeks.
•
Mr. Jones; Regarding the access and visibility, what you are saying is that you want a wider street to get
to it?
I
Mr. Rodney: If 1 had the best of all worlds I would have street frontage along a sizable section of the
common area. The next best thing is frequent access points and they need to be wide enough to get a
• vehicle down, there and back without running into fence lines. • •
Mr. Jones: I would think additional accesses would be a law enforoement nightmare, because it is a big
piece of property and with lots of places to get in and out it would make this whole development a
nightmare.
Mr. Rodney: There are ways for kids to get in there from the other side of the creek. I think it would
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P&Z Minutes
December 11, 1996
"age 27
serve the city's interest in the event that we become responsible to have additional access.
Ms. Russell: I keep thinking about the lake in Montecito, and they all back up there. I don't remember
any problems with that.
Mr. Svehla: Montecito Lakc is totally private. Those lots are actually platted into the lake and there is
no common area in Mordecito Lake at all.
Mr. Myers: I live in a similar development in Colleyville which is similar in size and scale to this
development. We have about two hundred acres of common area and we have about eight ponds that are !
about this size. They all have a natural edge and I can assure you that the homeowners of my
subdivision, which has been in existence for about twelve years, are not very interested in turning
anything into a public park. I would anticipate that would happen here also. We have responded to
staff's requirement by adding another access point in the north that is thirty foot wide. We will have a
concrete path on the two access points that are shown on the plat. This is a private facility and if the
homeowners association came and asked the city to accept the common area and the lakes, you could
require the thev install a hard edge at that time before accepting responsibility. We don't like the hard
edge because we actually think it harder to maintain. There is actually very little erosion that occurs in
a controlled pond in our experience because there is very little current. The common area is large enough
that it would be hard to see people in all areas. It is a fairly private common area and is not anywhere
close to any public streets or any way for the public to access that so hopefully there will be very few
crime problems.
Ms. Russell: If in the future if the city annexes this and the homeowners association asked the city to take
them, the city doesn't have to accept that.
Mr. Salmon: That is correct, but our experience is that the city ends up with them when the
homeowners' association doesn't keep up maintenance and they quit paying the taxes on the property.
That happened out at Township II and Coopers Landing.
Mr. Svehla: It is usually by default that we end up with the property, we get nuisance calls because of
high grass and the animal control calls.
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Mr. Powell: I can't get excited either way about the hard edge. The lack of access concerns me.
Whether this is a common area or a park the EMT people will need to be able to get there.
Mr. Edwards: In the objections that we had to staff comments we did not object to the access points, we
only objected to the adequate visibility because we felt that there was adequate visibility in the subdivision
® the way it is. In talking with Ed his feelings that adequate visibility meant that we needed to change our O O
road layout to provide road frontage access, or vacate some of the properties and that is the portion that
we are objecting to. We don't object to the adequate access. There are several drainage easements and
we can make those drainage and access easements if we need to. Richard had talked about an access point
between Lots 30 and 31 and we haven't had a chance to put it on the plat. We tried to put the trails on
the topo in such a way that we didn't have long stretches of steep slopes because those are a dangerous
thing for bikes arxl skates. We feel that there is adequate visibility without changing the streets. I went
by Lakewood Mobil Home Park ard they have a very mice amenity pond that they maintain and it doesn't
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P&Z Minutes
December 11, 1996
Page 28
have a hard edge. I have been by there several times and have never seen a problem with it. We tecl
that what we have is adequate. I would like to point out that there were many things that staff
recommended to us that we took a look at and evaluated, and deemed were improvements to the plan and
we included them. We have two minor issues that we didn't come to an agreement on. Before your next
Planning and Zoning meeting our clients have to make a fairly large commitment on the property
financially and staff worked very hard to make sure that we could get to this meeting We appreciate
their efforts.
Mr. Myers: 1 would like to say that you have one of the best staffs of any city that 1 have worked with.
The DRC process was very professional, we had a lot of issues for a three hundred and four acre property
and they were handled quite well.
Mr. Powell- How do you define adequate when you are looking at a plat?
Mr. Salmon: 1 would agree that it is pretty vague. In the interest of getting this to tonight's meeting we
put these- conditions together the day before the packet went out. My suggestion would be that if you are
going to include a condition concerning the access and/or visibility that we maybe try to word something
a little more definite if we can come to some sort of agreement this evening, otherwise maybe just a
condition that says that issue will be worked out before the final plat is approved. D
Mr. Powell: I move we approve the preliminary plat of The Hills of Argyle with the conditions presented
by staff and amended as follows, number one, the lake be included in the common area, number two, the
common area is provided with adequate access from the public streets to ensure public safety and access
for public safety personnel. Plumber three is that the lake be designed to require minimum maintenance
by including features such as method of draining the lake and a concrete spillway. Number four is that
a homeowners' association be established and funded to maintain and be liable for the common areas, and
the homeowners' agreement is to be reviewed and approved by the Planning and Zoning Commission
prior to filing the plat.
Mr. ]ones: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved.
(5-0)
)IV. Consider a partial abandonment of a public utility easement at 125 Pennsylvania Drive. r
Mr. Salmon: The applicant in this case is the owner of the home located at 125 Pennsylvania Drive.
They are requesting that a portion of the existing utility easement across the north end of their lot be
• abandoned. Specifically that portion of the easement that is under their home. This easement was platted O O
with the original Southridge subdivision. 1 would estimate that the home Is around twenty-five years old
or so. This situation has existed for at least that long. When the owner had a survey dane it was
discovered that the house was over the easement. As we normally do when considering an easement
abandonment we contact all of the utility companies that could possibly have facilities in here.
Unbeknownst to the owner, he has had a high pressure gas main under his bedroom for the past twenty-
five years. Staff recommends that the portion of the easement under the home be abandoned with the
condition that the gas company relocate the gas line before the abandonment actually takes place. The
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P&Z Minutes ATTACHMENT 5
May 14, 1997 ~CJ
Page 7
IX. The Hills of Argyle. The subject property consists of 301.97 acres and is located on the north side
of Brush Creek Road, east of U.S. 377.
a. Consider a variance of Section 34-124(e) regarding drainage design.
Ms. Ganzer returned at 6:20 p.m,
Mr. Clark: We are back before you to consider these variances because they changed some of the
street lengths and it makes 'he preliminary plat different so therefore we have to reconsider the i
variances. There are two issues on drainage design, one allowing open drainage versus closed
drainage, and they have agreed to do ten foot pilot channels. The other issue is the lake, staff is
not generally in favor of having private lakes or ponds in between public drainage systems. We
have drainage systems, including pipes and inlets coming into this and then you have an outfall into
Hickory Creek. The framework has been set w,, . this is generally how the city is proceeding with
drainage ucsign in this son of area. Our original understanding on the lake was that it would part
of a greenbelt and that Parks would be involved in working to maintain that. That isn't going to
happen, it is going to be privately maintained. There may be a note on the plat stating that it might
be deeded to dte city, my understanding is that probably won't happen. The reason for that is that
no improvements, playgrounds, ball fields, or any of that was dedicated. Based on that we would
recommend that the homeowners' agreement include a clause that says if they don't maintain the
area so :hat the drainage can adequately flow through there then the city would be a :lowed to cut D
a hole in the dam and allow the water to come on through, and that any repair to that would be at
the homtrowners' expense. If they maintain their own silt and keep it flowing then there won't be
a problem. We don't want to have to do silt maintenance in this dam. We have had previous
problems in the city with this type of situation. This is an exaction variance. This is ::opposed to
be a rural subdivision. We would like for you to require a hard edge on the lake, If they do have
a hard edge it will be easier for them to do their own silt removal. We are also asking that you
have them put a clause in their homeowners' agreement allowing us to cut the dam and let the water
flow if they do not maintain it. The reason is that when a private entity blocks the flow of public
drainage then the city has to negotiate with them and we are unable to do our standard maintenance.
Their engineer is also in agreement with the clause that we are requesting.
Nis. Russell: Would the petitioner care to speak?
r Mr. Greg Edwards: My name is Greg Edwards arid my office is at 300 N. Carroll. Suite D. The
reason for the change in @te lot layout is due to our analysis of the floodplain for the dam. On the
west side of the property we found that the floodplain would be lowered by about five feet, and on
the east side of th,, property the floodplain is Ling lowered by about fifteen feet which adds about
nine acres that would not be inundated by the hundred year flood when our FEMA study is
approved. The variances that we are coming back with are the same variances that were approved
last time. In concept what Jerry is saying about cutting the dam is fine with me and 1 am sure it O
J will be fine with the owner, it will '-:st be a matter of wording it correctly.
Mr. Powell: The hard edge question is back, is that alright with you?
Mr. Edwards: We are not intending on putting a hard edge on the pond and we would like
approval without the hard edge. It is not going to give the look that the developer wants to have.
Generally anything that costs more to install will usually cost more to maintain. I think the main
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P&'Z Minutes
Slay 14, 1947 L J ?
Page 8 S
issue that we have is that we would like to keep a in-ore natural look.
Nis. Russell: If you don't have a hard edge then you wouldn't have erosion on the lake?
Nit. Edwards: Not necessarily. There are a lot of natural and man made ponds that don't have any
erosion on the edges. Basically it is going a be the owner's and the homeowners' responsibility
to mow the edge of the pond. As long as we,,an 1:A.p the vegetation close to the water level and
keep the water level fairly constant there shoe lon't be an erosion problem. 1 anticipate that the
outlet will be a low volume outlet for the first few feet above the normal pond elevation and then
once we get above those banks a couple feet the discharge will increase significantly. The velocities
that will be on the pond edges because of the inflow and outflow are going to be fairly small
because of the volume of water in the pond,
his. Russell: I know that drainage has been a major concern for this property. Is your concern that
it will become like the lake in Montecito?
Mr. Clark: Yes, and with it being in a public drainage easement if things get bad then the city will
be able to go in and work on it. I think this is an existing pond and they are hoping to do minor
rework to it. The reason you want hard edges is so that you can urn your maintenance equipment
to clean out t1w. silt.
Mr. Drake: An easement gives the city the right to do that which is necessary to maintain the
purposes of the easement. There is an awful lot of confusion out there because the city does mow
drainage easements, it does do work in drainage easements. A lot of people get the idea that they
don't have to do anything, that they have no duties, that they have an easement in their backyard
but that it is the city's job to keep it mowed. That is not true. The drainage easement is a right to
maintain, it is not a duty to maintain. Where the problem comes in is the misconception that it is
the city's duty and people want the city to come out and remove silt for aesthetic reasons, or they
may want the city to do some mowing or weed control in an area where the city may have an
easement but where there may be a private ownership.
Mr. Clark: Concerning the hard edge and the issue that it is harder to maintain, we feel that it
stabilizes and it could be done with rock, it doesn't have to be a fancy paved edge. If you look at
the Corp. of Engineer's lakes they have rock on the edge of them.
O
Nit. Powell: Who designs the hard edge and when?
Mr. Clark: It would be designed as part of the public improvements for the subdivision and it f
would have to be approved prior to approval of the final plat.
• Ms. Scheru: I move that an exaction variance of Section 34.124(3) of the Code of Ordinance for • •
the Hills of Argyle for drainage design criteria be recommended to the City Council as proposed
by the applicant except that the proposed pond have a hard edge.
Mr. Moreno: Second.
Ms. Russell: An discussion? All in favor lease raise your right hand.
Y P Y Oppose same sign.
Approved. (5-1) Ms. Ganzet opposed.
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P&Z Minutes J L.
May 14, 1997 ~r
Page 9
b. Consider a variance of Section 34-114(11) regarding cul-de-sac lengths.
Mr. Ciark: This is regarding cul-0e-sac length. The actual number of lots on these cul-de-sacs will
be less than what you could have in a standard single family subdivision, We feel that with the
eleven hundred foot length and the large lots this gener°elly meets tha intent of the ordinance and
we recommend approval.
Mr. Powell: I move that an exacdr-n variance of Section 34.114(11) of the Code of Ordirances for i
the Hills of Argyle subdivision regarding cul-de-sac length be recommended to the City Council
due to the unusually large lot size.
Mr. Jones: Second
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
c. Consider a variance of Sec, ion 34-114(17) regarding sidewalks.
Mr. Clark: There is only one small item on there and that is that your recommendation last time
was for Brush Creek Road only. We would like to also have a sidewalk on Hwy 377. We would
recommend approval of the variance for the interior sidewalks.
Mr. Edwards: We are in support of staff's recommendation.
Mr. Jones: I move that an exaction variance of Section 34-114(17) of the Code of Ordinances for
the Hills of Argyle regarding the internal sidewalk requirement be recommended to the City
Council based on the unusually large lot size.
Mr. Powell: Second.
Mt.. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
d. Consider approval of the preliminary plat of Lots 1.75, Block A; Lots 1-48, Block B; and Lots
1-24, Block C of The Hills of Argyle.
e
Ms. Bateman: This is the same tract of land that you were just discussing. As of last week the
property was annexed into the city limits and is zoned Agricultural. Staff is recommending this
with the conditions that the lake be maintained by a homeowners agreements. PUblic improvements
include exterior sidewalks, fire hydrants, perimeter street paving.
8 Ms. Schertz: Move A •
Nis. Gamer: Second. 1
Nis. Russell: (60)
X. Sundown Ranch. The subject property is located approximately 500 feet south of the Lillian Miller
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Agenda No,
Agenda Ite
Date_~- ~ 2
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DAI E.
WHEREAS, the City has solicited, received and tabulated ccmpetitiv.- bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WI IERF.AS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies I!
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for r:te appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOVI, THEREFORE,
THE COUNCIL OF THE CIYY 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 Fereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
2r37 1.4,7.12 FMS TECHNOLOGIES, INC. EXHIBITA
70P 5,6 FIBER -RON, IT, C. EXHIBIT A
SECTION! 11. That by the acceptance wad approval n; the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
A Proposals, and related docum:nts.
SECTION 111. That should &..e 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
e contract is in accordance with the terms, conditions, specifications, standards, quantities and • tiD
specified sums contair., d in the Bid Proposal and related documents herein approved and accepted.
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dSECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authori zed herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of '1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: .
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY ORD
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BID M 2037 "EXHIBIT A"
BID NAME FIBER OPTIC CABLE & SUPPORTS
OPEN DATE APRIL 6,1997
-
M QTY DESCRIPTION UNIT PRICE VENDOR
1 12FIBERADSSCABLE $2.65JM FMS TECHNOLOGIES, INC.
2 1 36 FIBER ADSS CABLE SS.IblM FMS TECHNOLOGIES,INC
3 3,300 FT 12 FIBER ADSS CABLE, ULISSI RATED S3.051M FMS TECHNOLOGIES, INC.
i
4. 22 W0 FT 36 FIBER ADSS CABLE,UL1581 RATED $5.451M_ FMS TECHNOLOGIES, WC
L S. 72 PLP LNLLNE SUPPORT 53744 FIBERTRON
39 DULMISON DEAD END WAS FI_BERTRON
7, 16 3 METERSINGLEMODE SIMPLEX 527.00 FMS TECHNOLOGIES, INC
1 PATCNCORD ~
6 16 2 METER SINGLEMODE SIMPLEX $28.00 FMS TECHNOLOGIES,INC.
PATCHCORD
9
I 216 6METER SINGLEMODESI.MPLEX 53000 IFMSTECHNOLOGIES, INC
PATCHCORD
,10
1 METER SINGLEMODE DUPLEX $5400 FMSTECHNOLOGI INC
PATCNCORD ,
11. 2 METER SINGLEMODE DUPLEX ! $56.00 FMS TECHNOLOGIES, INC.
PATCHCORD
i
12. 6 METER SINGLEMODE DUPLEX $60.00 FMS TECHNOLOGIES, INC.
PATCHCORD 1
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DATE: June 3, 1997
CITY COUNCIL REPORT
TO: Sla%or and Members of the Cih Council
FROM: Kathy DuBose. Exeeuti\e Director of Finance
SLBJECT: BID 42037--FIBER OPTIC CABLE & SUPPORTS
I
RECO.NMENDATION: We recommend this bid be attarded to the lotsest sendors meeting specifications
as follo«s:
FMS Technoloeies. Inc. Items 1.4 and 7-12
Fibertron. Inc. Items 5 and 6
for a total estimated expenditure of S145.146.10.
SU3LNL-kRY: This bid is for the purchase of fiber optic cable and support to be installed by the substation
department for use in connecting North Lakes Recreation Center. Martin Luther King Jr. Recreation Center.
Animal Control and the Texas Building city offices. The loner bidders for the items listed did not meet
specifications of the bid,
Four bid proposals ~wre received in response to fifteen notices.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Substations. Communications. Cit% of
Denton Departments and Citizens of Denton
FISCAL IMPACT: '97 Budgeted Funds for Fiber Optics Installation =610-132-1032-9252
Attachments: Tabulation Sheet
Memo from Dan Scott. Foreman Substation. Dispatch and Fiber Optics Cable Plant
Respectfully submitted:
~a s u se
ExecutNe Director of Finance
Prepared b}:
N'amc: Denise arpoo
Title: Senior BuNer
i
~\ppro%ed:
va111c Tom ~la%%. C.
Fide: Purchasing Agent
4
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~T •c. it `i..~--~ • e v .
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BID .0 2037
I
BID NAME FIBFROPIICCABLE &SUPPORTS FMS FIBERTRON PREFERRED HESCO
SALES
OPEN DATE APRIL b, 1997 J
DESCRIPTION --%TNDOR YENYDOR _ TM.Wit~ VENDOR_
1. - 11 FEBEF,ADSSCABLE $1.8 5AT____ LI7Af H.7971F1' _ NO BID -1'
2. j 36 FIBER ADSS CABLE ~ SS 1NM 12 1]M fl.<9/T'F hO B[D
-I -
3. 3,300 FT 12 FIBER ADSS CABLE, I'LiSbl RATED ~ Sl.05lM ' S1.2N! $LOIh'f NO DID ~
36 FIBER ADSSCABLL,1L15b1 RATED 4 $5431M f S223/M f1.7"T _ NO BID
5. ]2.57] PLP INLINE SUPPORT S".00 ` $3764 NO BID NO BID
_6..~ 39 DCLMISONDEADEND %16.00 _ 561.lb $64_00 __NO BID
7. 16 1 METERSLNGLF.MODE SIMPLER $27.00 12943 $44.45 $20-4
-_-2MFTER51,\'GU« ODE
A. 16 SL1iPLEX _J-_-$26.00---~ 329.9b ---_-314.90 --321.20 _i
PATCHCORD
9. 7i6 6METER SINGLEMODEIIMPLEX 130.00 531.11 $46.70 %2LN
, PATCHCORD
10. 1 METER SINGLEMODE DUPLEX %51.00 15672 100.07 $34.40 j
PATCHCORD
1 METER SINGLEMODE DUPLEX i $56.00 $57.00 S".74 $33.50
11. PAICHCORD I j
I7. 6 METER SINGLEMODE DUPLEX 560.00 $50.51 $9312 ' 13&75
PATCNCORD
! PRICES FIRM: j THROUGH 6 MONTHS 01i: 414" 90 DA1'5
09.30.97 07-12: [0107
DELIVERY: 1 30 DAPS 3043 DAPS 740 DAPS
SEE MIN
SI ECO R St BMITTE D A "N O BI D" ORDER REQ.
• & EXCEPTIONS
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CRY OF DENTIN MUNICIPAL UT1LMES • 901•A TEXAS STREET DEMON. TEXAS 76201
M E M O R A N D U M
TO: Tom Shaw, Purchasing Agent
THRU: Ray D. Wells, Superintendent Substation, Communication,
and Marketing
FROM: ban Scott, Foreman Substation, Dispatch and Fiber
Optics Cable Plant
Chuck Pierce, Electronic Technician
DATE: May 8, 1996
RE: EVALUATION OF BID 42037, Fiber Optic Cable and Supports
......aassaaasaaa saaaarsrssasaasanraaaaas aavasoeaosarzrccaaraazs
On April 8, 1996, the City of Denton received Bid 12037 for Fiber
Optic Cable and Supports. We had three (3) vendors responding to
Fiber optic cable bid, they were:
FMS Technolo ies inc. 14677 Midway Rd. Ste. 200, Dallas, Texas
Responded with a bid using Chromatic Technologies
cable meeting all specifications. The EMS Technologies bid
was lowest per unit cost on bid line items 1. 2, 3, and 4.
Fibertron Inc. 451 Strata, Denton Texas 76201. Responded
with a bid Using Chromatic Technologies cable meeting all
specifications. The Fibertron bid was lowest per unit cost on
bid line items 5 and 6.
® Preferred Sales, 616 Six Flags Dr. Ste 130, Arlington, Texas
76011. Responded using Alcoa Fujikura cable. The Alcoa cable
has not been UL1581 certified per specification number nine, y
"Indoor rated cable specified will meet UL1581 certified for
tray indoor installation." Their bid was rejected on this
basis.
e After evaluating the bids we recommend that FMS Technologies Inc. •
be awarded bid line items 1, 2, 3, and 4 as the lowest Bid meeting
specifications. And we recommend that Fibertron inc. be awarded bid
line items 5 and 6.
6
"Dedicatee to Ouality Service"
1 7 7 7
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Respondents to only the patchcord portion of the bid were.
xosoo Distribution, Po Box 37079, Ft Worth Texas 7611.1. ;
Wesco respon e with a siecor cable using Siecor connectors.
Specification one of the bid specification for patchcords
states, "Patchcords will be terminated with Amphenol ceramic
ST epoxy/crimp connectors." The Wesco bid was rejected on
this basis.
We recommend the award of the patchcord portion of the bid to FMS
Technologies as the lowest respondent meeting all specifications.
We further recommend awarding all additional purchases to FMS
technologies for the remainder of the fiscal year with an option
for the 97/98 fiscal year.
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c,\my ax\ afe 2037
is\!fW[\bSQ10I7 ~
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Agenda ho
Agenda Ite/T__
Date
ORDINANCE NO.
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.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
I
2049 BCI MECHANICAL, INC. $94,350.00
SECTION II. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidden including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
• notification of the award of the bid.
SECTION 111. That the City Manager is hereby authorized to execute all necessary written /
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
• conditions, plans and specifications, standards, quantities and specified sums contained therein, { • rD
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SECTION iV. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council j'
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto. I
SECTION Y. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of,---- _ _.___,1447.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:-_ i
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APPROVED AS TO LEGAL FORM: j
HERBERT L. PROUTY, CITY ATTORNEY E
• BY:____._...
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DATE: JUNE 3, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the city council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID # 2049 - H-VAC RENOVATION AND EQUIPMENT REPLACEMENT
CENTRAL LIBRARY, CITY HALL WEST AND VISUAL ARTS COMPLEX
RECOMSUMATIOiN, We recommend this bid be awarded to the lowest bidder, BCI Mechanical, Inc.
in the total amount of $94,350.00.
SUMMARY: This bid is for the HVAC Renovation and Replacement at the Central Library, City Hall
West and Visual Arts Complex. Included in the award are:
• Projmt I - Emily Fowler Library - Removal of a 30 year old single-zone air handling unit and
replace with a new multi-zone high efficiency air handling unit, interface of controls, reconnection
of chilled and heated water systems, reconneclion of duct work and electrical revisions.
• Project 2 - City Hall West - Remove existing 45 ton chiller and replace with a new 60 ton chiller,
reconnect chilled and heated water supply, upgrade electrical circuits and HVAC controls.
• Project 3 - Visual Arts Complex - Remove two old heat pump units and replace with new similar
equipment, reconnect as required, renovate thermostats and controls.
Alternate I - Replacement of chiller at Central Library is not recommended for award at this time,
PROGRAMS,DEPARTMFNTS OR.GROUPSAFFECTED. Employees and patrons of the three
facilities and Facilities Management Division
FISCAL IMPACT: Funds are available from onetime construction project account numbers:
457-032-BLDG-9702-9101 $25,282.00
457.032-BLDG-9703.9101 $41,625.00
457.032-BLDO.9109-9101 $21,828.00
245.032-DMCI-9323.9101 S-5.615.lm
Total Award $44,350.00
Attachments: Tabulation Sheet
• Respectfully submitted:
r r
KathyNQuBowl)
Executiv Director of Finance
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
e~e.ACerma
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BID 0 2019
CBS BCI Federal
BID NAME lIVAC RENOVATION & EQPT. M"hankal Mechanical NecYaokal
REPLACEMENT Systems
OPEN DATE %LAV20,199T -
- -
VENDOR-- VENDOR----V'ENDOR I
P QTY- ---DESCRIPTION
I Is BASE BID S69,700.00 S4" 30.00 ] LS IALT #1 (LIBRARA) S60,1o5.00~ $611M.00 SI11,200.00'
1
s ALTM2(CIT1114,LLN'EST) $54j2&00 S3f,000.00 536,100.001
LS ALT 03 CENTER FOR VISUAL ARTS) $22,550.00 515,100.00 f21400.00
BOND.
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Agenda No.
Agenda Ilem
Dale__ ~-3-
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH APPLICATION CONTROL
ENGINEERING FOR ENGINEERING SERVICES FOR PECAN CREEK WATER RECLAMATION
TREATMENT PLANT AUTOMATION FOR IME CITY OF DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVII`FNG AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
MMON.L 71W the City Manager M aathorked to nwak a pralsoiooai aer k cosh ad
betweta the City of Destoa and AppYeatba Co.trai toghwerbg rekdn to EagitaerI serv{eae for
Pecan Creek Water Retlanadon Trsatmat Pbrot Aatowadoo, am&- the term and coodition,
contained In said profmWvAl aervicet costrary wkkh k attacked bereft tad nude a part kerooL
SEMON A That the Cky cooed kereby anthortto tyt espeaditare of Ikeda to the ft"Mr
and anoant M specified V the prefesWoul ttrvleee eootraet.
SPlMM HI Tot bib ordioam &kA become efiiectlvt lauediately upon he psaM and
approval.
PASSED AYD APPROVED this tie day of
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, MY SECRETARY
BY: r
t
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
i ' O 0
BY:_I W'41 J
PROF.ORD
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DATE: June 3, 1997
CITY COUNCIL REPORT
T0: Mayor and Members of the City Counci'
FROM; Kathy DuBose, Fxecutive Director of Finance
I
SUBJECT: PO N 74562 APPLICATION CONTROL ENGINEERING
RECOMMENDATION: 'Ve recommend this purchase order and the attached contract to
Application Control Engineering in the aniount of $22,500.00 be approved.
SUMMARY: This contract is for engineering services to be performed in redesign of the
Wastewater Treatment Plant SCADA supervisory control. This redesign will provide greater control
of operations of the plant and ultimately will provide the ability to run the plant with an unmanned
night shift. The proposed scope of work would complete the system redesign for the North Plant
Primary Sludge Station, Chlorination Dechlorinirion System, and Belt Press Building. The project
is expected to begin June, 1997 and be completed by August, 1997.
PROGRAMS,.DEPART11ij 1NIS..OR .GROUPS AFFECTED: Water and Wastewater
Operations, Water Utilities Department, and Citizens of Denton.
FISCAL IMPACT: Budgeted C1P funds for 1997 account number 625-082-0470.8502.
Attachments: Contract
Public Utility Board Meeting Backup
Respectfully submitted:
Ka Dub
Executive Director of Finance j
Prepared by:
Name: Denise }Iarpool r
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
e65, AGENDA
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PROFESSIONAL SERVICES AGREEMENT
FOR PECAN CREEK WATER RECLAMATION TREATMENT PLANT
i
STATE OF TEXAS S
COUNTY OF DENTON S
THIS AGREEMENT is made and entered into as of the 14th day of
My , 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 sometimes
referred to as NOV ERN) and Application Control Engineering, with
its office at 113u0 North Central Expressway, Suite 602, Dallas,
Texas 75243, hereinafter called the ("CONSULTANT") acting herein,
by and through their duly authorized representative.
WITNESSETH, that in consideration of the covenants and
agreements herein contained, the parties hereto do-mutually agree
as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
• The OWNER hereby contracts with CONSULTANT, as an independent
contractor, and the CONSULTANT hereby agrees to perform the
services herein in connection with the Project as stated in the
sections to follow, with diligence and in accordance with the
highest professional standards customarily obtained for such
® services in the State of Texas. The professional services set out O 0
herein are in connection with the following described project:
The Project shall include without limitation, (herein referred
Professional Services Agreement - Page 1
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to as the "Project") professional engineering services pertaining
to the Pecan Creek Water Reclamation Treatment Plant Automation
Project.
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a
professional manner:
A. To perform all those services met forth in CONSULTANT'S
proposal letter (herein described any proposal of CONSULTANT
which has been provided including the date of said proposal
April id, 1997) which proposal is attached hereto and safe a
part hereof as Exhibit "A" as if written word for word herein.
B. CONSULTANT shall perform all those services set forth Ln any
and all Individual task orders which shall be attached to this
f agreement and made a part hereof for all purposes as separate
agreements. (If CONSULTANT is a professional engineer and you
wish to list specific services of the CONSULTANT pleas: list
all specific engineering services to be provided including the
preparation of detailed plans and specifications),
C. If there is any conflict between the terms of this agreement j
and the exhibit attached to this agreement the terms and
• conditions of this Agreement will control over the tenas and
conditions of the attached exhibit or task orders.
ARTICLE III /
ADDITIONAL SERVICES
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Additional Services to be performed by the CONSULTANT, if
authorized by the OWNER, which are not included in the above
described basic services, are described as follows:
Professional Services Agreement - Page 2
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A. During the course of the project, as requested by OWNER, the
CONSULTANT will be available to accompany OWNER's personnel
when meeting with the Texas Natural Resource conservation
Commission, U.S. Environmental Protection Agency, or other
regulatory agencies. The CONSULTANT will assist OWNER
personnel on an as-needed basis in preparing compliance
schedules, progress reports, and providing general technical
support for the OWNER's compliance efforts.
B. Assisting OWNER or Contractor in the defense or prosecution of
litigation in connection with or in addition to those services
contemplated by this Agreement. Such services, if any, shall
be furnished by CONSULTANT on a fee basis negotiated by the
respective parties outside of and in addition to this
Agreement.
C. Sampling, testing or analysis beyond that specifically included
in Basic services.
D. Preparing copies of Computer Aided Drafting (CAD) electronic
data bases, drawings, or files for the OWNER's use in a future
CAD system.
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E. Preparing applications and supporting documents for government
grants, loans, or planning advances and providing data for
detailed applications.
•
F. Appearing before regulatory agencies or courts as an expert
witness in any litigation with third parties or condemnation
proceedings arising from the development or construction of the
Project, including the preparation of engineering data and ,
• reports for assistance to the OWNER. 1► •
G. Providing geotechnical investigations for the site including
soil borings, related analyses and recommendations.
Professional Services Agrawwnt - page 1
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ARTICLE IV I
PERIOD OF SERVICE ff
This Agreement shall become effective upon execution by the
OWNER and the CONSULTANT of this Agreement and upon issue of a
notice to proceed by the OWNER and shall remain in force for the
period which may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required
extensions approved by the OWNER. This Agreement may be sooner
terminated in accordance with the provisions hereof. Time is of
the essence in this Agreement. The CONSULTANT shall make all
reasonable efforts to complete the services not forth herein as
expeditiously as possible and to meet the schedule established by
the OWNER, acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERNS:
1. "Subcontract Expense" is defined as expenses incurred by
the CONSULTANT in employment of others in outside firms for
services in the nature of MIA
2. "Direct Non-Labor Expense" is defined as that expense for
any assignment incurred by the CONSULTANT for supplies,
• transportation and equipment, travel, communications,
subsistence and lodging assay from home and similar i
incidental in connection with that assignment.
B. BILLING AND PAYMENT:
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For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay
based on the cost estimate detail at the $75.00 hourly rate
Professional Services Agreement - Page
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shown in Exhibit A, which is attached hereto and made a part of
this agreement as if written word for word herein, a total fee
including reimbursement for direct non-labor expense not to
exceed $22,500.00.
Partial payments to the CONSULTANT will be made on the basis of
detailed monthly statements rendered to and approved by the
owner through its City Manager or his designees; however, under
no circumstances shall any monthly statement for services
exceed they value of the work performed at the time a statement
is rendered. The OWNER may withhold the final 5% of the
contract amount until completion of the project.
Nothing contained in this Article shall require the OWNER to
pay for any work which is unsatisfactory as reasonably
determined by the City Manager or his designee or which is not
submitted in compliance with the terms of this Agreement. The
City shall not be required to make any payments to the
CONSULTANT when the CONSULTANT is in default under this
Agreement.
It is specifically understood and agreed that the CONSULTANT
shall not be authorized to undertake any work pursuant to this
Agreement which would require additional payments by the OWNER
for any charge, expense or reimbursement above the maximum not i
to exceed fee as stated without first having obtained written
authorization from the OWNER. The CONSULTANT shall not proceed
to perform the services listed in Article III. Additional
Services, without obtaining prior written authorization from I
the OWNER.
• C. ADDITIONAL SERVICES • 0
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For additional services authorized in writing by the OWNER in
Article III, the CONSULTANT shall be paid based on the Schedule
Professional Services Agreement - Page 5
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of Charges at the hourly rate shown in Exhibit A. Payments for
additional services shall be due and payable upon submission by
the CONSULTANT and shall be in accordance with subsection B
hereof. Statements shall not be submitted more frequently than
monthly.
D. PAYMENT
If the OWNER fails to make payments due the CONSULTANT for
services and expenses within 31xty (60) days after receipt of
the CONSULTANT'S undisputed statement thereof, the amounts due
the CONSULTANT will be increased by the rate of one percent
(14) per month from the said sixtieth (60th) day, and in
addition, the CONSULTANT may, after giving seven (7) days,'
written notice to the OWNER, suspend services under this
Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses and charges provided,
however, nothing herein shall require the owner to pay the late
charge of one percent (11) set forth herein if the owner
reasonably determines that the work is unsatisfactory, in
accordance with this Article V, Compensation.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence
• in discovering and promptly reporting to the OWNER any defects or
deficiencies in the work of the CONSULTANT or any subcontractors or r
subconsultants. '
Professional Services Agreement - page 6
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ARTICLE VII
OWNERSHIP OF DOCUMENTS
I
All documents prepared or furnished by the CONSULTANT (and
CONSULTANT's subcontractors or subconsultants) pursuant to this
Agreement are instruments of service and shall become the property
of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The
documents prepared and furnished by the CONSULTANT are intended
only to be applicable to this project and OWNER'S use of these
documents in other projects shall be at OWNER'S sole risk and
expense. In the event the OWNER uses the Agreement In another
project or for other purposes than specified herein any of the
information or materials developed pursuant to this agreement,
CONSULTANT is released from any and all liability relating to their
use in that project.
ARTICLB VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent
contractor, not as an employee of the OWNER. CONSULTANT shall not
have or claim any right arising from employee status.
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ARTICLE IX
INDEMNITY AGREEMENT
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The CONSULTANT shall indemnify and save and hold harmless the
OWNER and its officers, agents, and employees from and against any
and all liability, claims, demands, damages, losses and expenses,
including but not limited to court costs and reasonable attorney
• fees incurred by the OWNER, and including without limitation • •
damages for bodily and personal injury, death and property damage,
resulting from the negligent acts or omissions of the CONSULTANT or
its officers, shareholders, agents, or employees in the execution,
Professional Services Agreement - Page T
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operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a
liability to any person who is not a party to this Agreement and
nothing herein shall waive any of the party's defenses, both at law
or equity, to any claim, cause of action or litigation filed by
anyone not a party to this Agreement, including the defense of
governmental immunity, which defenses are hereby expressly
reserved.
ARTICLE X
INSURANCE
During the performance of the services under this Agreement,
CONSULTANT shall maintain the following insurance with an insurance
company licensed to do business in the state of Texas by the State
Insurance Commission or any successor agency that has a rating with
Beat Rate Carriers of at least an "A-a or above:
A. Comprehensive General Liability insurance with bodily injury
limits of not less than $500,000 for each occurrence and not
less than $500,000 in the aggregate, and with property damage
limits of not less than $100,000 for each occurrence and not
less than $100,000 in the aggregate.
I
B. Au~omobile Liability Insurance with bodily injury limits of not
less than $500,000 for each person and not less than $500,000
for each accident and with property damage limits for not less r
than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory _
requirements and Employers' Liability insurance with limits of
not less than $100,000 for each accident.
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D. Professional Liability insurance with limits of not less than
Professional services Agreement - Page a
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$1,000,000 annual aggregate.
E. The CONSULTANT shall furnish insurance certificates or
insurance policies at the OWNER's request to evidence such
coverages. The insurance policies shall name the OWNER as an I
additional insured on all such policies where possible and
shall contain a provision that such insurance shall not be
canceled or modified without 30 days' prior written notice to
OWNER and CONSULTANT. In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellation,
serve substitute policies furnishing the same coverage to
OWNER.
MICLE xI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this
Agreement by submitting the dispute to arbitration or other means
of alternate dispute resolution such as mediation. No arbitration
or alternate dispute resolution arising out of or relating to, this
Agreement involving one party's disagreement may include the other
party to the disagreement without the other$a approval.
ARTjC14E XII
TERMINATION OF AGREEKENT
• A. Notwithstanding any other provision of this Agreement, either
party may terminate this Agreement by giving thirty (30) days
advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the
® event of either party substantially failing to fulfill ito O •
obligations under this Agreement. No such termination will be
affected unless the other party is given (1) written notice
(delivered by certified mail, return receipt requested) of
Professional Services Agreement - Page 9
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Intent to terminate and setting forth the reasons specifying
the nonperformance, and not less than 30 calendar days to cure
the failure, and (2) an opportunity for consultation with the
terminating party prior to termination.
C. If the Agreement is terminated prior to completion of the ser-
vices to be provided hereunder, CONSULTANT shall immediately
cease all services and shall render a final bill for services
to the owner within 30 days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendared
and satisfactorily performed and for reimbursable expenses to
termination incurred prior to the date of termination in ac-
cordance with Article V, Compensation. Should the OWNER sub-
sequently contract with a new CONSULTANT for the continuation
of services on the Project, CONSULTANT shall cooperate in
providing information. The CONSULTANT shall turn over all
documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination but
may maintain copies of such documents for its use.
ARTICLE XIII
RESPONSIBILITY FOR CLAMS AND LIABILITIES
Approval by the OWNER shall not constitute nor be deemed a
release of the responsibility and liability of the CONSULTANT, its
employees, associates, agents, subcontractors and subconsultants
for the accuracy and competency of their designs or other work; nor
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shall such approval be deemed to be to assumption of such
responsibility by the city for any defect in the design or other
work prepared by the CONSULTANT, its employees, subcontractors,
agents and consultants.
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Frofeeslonai Servlcea Agreement - Page 10
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ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted
under this Agreement shall be personally delivered or mailed to the
respective parties by depositing same in the United States mail at
the address shown below, certified mail, return receipt requested
unless otherwise specified herein. Mailed notices shall be deemed
communicated as of three days mailing:
To CONSULTANT: To OWNER:
Application Control Engineering City of Denton
Attn: Ron Wise ATTN: Ted Benavides
Titles President Title: City Manager
P.O. Box 497562 215 E. McKinney
Garland, Texas 75049-7562 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party
to whom such notice is given or within three days mailing.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of 15 pages and 1 exhibit constitutes
the complete and final expression of the agreement of the parties
and is intended as a complete and exclusive statement of the terms
of their agreements and supersedes all prior contemporaneous j
offers, promises, representations, negotiations, discussions,
• communications and agreements which may have been made in
connection with the subject matter hereof.
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ARTICLE XVI
SEVERABILITY -
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rf any provision of this Agreement is found or deemed by a
court of competent jurisdiction to be invalid or unenforceable, it
Professional Servicee Agreement - Page 11
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shall be considered severable from the remainder of this Agreement
shall not cause the remainder to be invalid or unenforceable. In
such event, the party shall reform this Agreement to replace such
stricken provision with a valid and enforceable provision which
comes as close as possible to expressing the intention of the
stricken provision.
MICLE X+II
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local
laws, rules, regulations, and ordinances applicable to the work
covered hereunder as they may now read or hereinafter be amended.
MICLE XtIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT
shall not discriminate against any person on the basis of race,
color, religion, sex, national origin or ancestry, age, or phystial
handicap.
ARTICLE XIX
PERSONNEL
A. The CONSULTANT represents that it has or will secure at its ca:n
s expense all personnel required to perform all the services
required under this Agreement. Such personnel shall not be
employees or officers of, or have any contractual relations
with the city. CONSULTANT shall inform the OWNER of any
conflict of interest or potential conflict of interest that may
O arise during the term of this Agreement. O O
B. All services required hereunder will be performed by the
CONSULTANT or under its supervision. All personnel engaged in
Professional services Agreement - Page 17
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work shall be qualified and shall be authorized and permitted
under state and local laws to perform such services.
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement
and shall not transfer any interest in this Agreement (whether by
assignment, novation or otherwise) without the prior written
consent of the OWNER.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant,
condition, limitation herein contained shall be valid unless in
writing and duly executed by the party to be charged therewith and
no evidence of any waiver or modification shall be offered or
received in evidence in any proceeding arising between the parties
hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, and unless such waiver or
modification is in writing, duly executed; and, the parties further
agree that the provisions of this section will not be waived unless
as herein set forth.
ARTICLE XXII
• MISCELLANEOUS
A. The following exhibit is attached to and made a part of this
Agreement: Application Control Engineering proposal letter
dated April 16, 1997 (Exhibit "A"). _
Q ~ • O
B. CONSULTANT agrees that OWNER shall, until the expiration of
three (3) years after the final payment under this Agreement,
have access to and the right to examine any directly pertinent
Professional Services Agreement - Page 13
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books, documents, papers and records of thi CONSULTANT
involving transactions relating to this Agreement. CONSULTANT
agrees that OWNER shall have access during noraal working hours
to all necessary CONSULTANT facilities and iihall be provided
adequate and appropriate working space in order to conduct
audits in compliance with this section. OWNER shall give
CONSULTANT reasonable advance notice of intended audits.
C. Venue of any suit or cause of action under this Agreement shall
lie exclusively in Denton County, Texas. This Agreement shall
be construed in accordance with the laws of the State of Texas.
D. For the purpose of this Agreement, the key persons who will
perform most of this work hereunder shall be Ron Wise.
However, nothing herein shall limit CONSULTANT from usincrother
qualified and competent members of their firm to perform the
services required herein.
E. CONSULTANT shall commence, carry on, and complete any and all
projects with all applicable dispatch, in a sound, economical,
efficient manner; and, in accordance with the provisions
hereof. In accomplishing the projects, CONSULTANT shall take
such steps as are appropriate to ensure that the work involved
is properly coordinated with related work being carried on by
the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the
! CONSULTANT's disposal all available information pertiniant to
the project, including previous reports, any other data
relative to the project and arranging for the access to, and
make all provisions for the CONSULTANT to enter in or upon,
• public and private property as required for the CONSULTANT to • O
perform services under this Agreement,
G. The captions of this Agreement are for informational purposes
Professional Services Agreement - Page 14
16
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only and shall not in any way affect the substantive terms or
conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this
Agreement to be executed by its duly authorized City Manager and
CONSULTANT has executed this Agreement through its duly authorized
undersigned officer on this the day of ,
1997.
CITY OF DENTON, TEXAS
Ted Benavides, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By.
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: um 6~j
APPLICATION CONTROL ENGINEERING
By.,
Ron Wise, President
WITNESS:
I ,
Cs\DOCS\a\PacAKCRx.K
Professional Services Agreement - Page 15
17
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Application
Control
Engineering
1803 Ponderosa Trail
Sachse, Texas 75048
City of Denton 4-1847
Water Reclamation Center
1151 Mayhill Road
Denton,T*xas 76208
Attn: Jim Coulter
re: Plant Automation
GeW %m*n,
Thank you for the oportui ty to prism! this proposal. Ergkr "%V work kwirWss d w
rw00ee0ary to Perform any electrical krterisce dm*% SCAGA system yrapMea. PLC ladder
logle developnwn% startup, training, and documurbSon.
This proposal Is an estimate of the time that win be squired to aubmats the foll*- h PWM
systems.
Task him
North Plant Primary ShWge Pump Station 24
North i South Plant Flow Rates 40
Diurnal Flow 48
Gravity Thicknere 18
DAF 72
Raw Water Pump Station 80
M Filter Passes
Total 300
1
At ACE's standard Engineering refs of $7Whr, total cost is not to exceed $22,500. ACE has
• $1,000,000 of Liability Insurance. Please supply a mailing address so that my Insurance
company can forward a copy of the certificate of Insurance.
Thank you again for the opportunity to present this proposal. Pies" call if there are any
questions.
• Sincerely, • 0
Ron Wise A
EKHIBIT "A"
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PUBLIC UTILITIES BOARD
AGENDA ITEM
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R. E. Nelson, Executive Director of Utilities
SUBJECT: Pecan Creek Water Reclamation Plant Automation Plan
Consider Approval of a Contract with Application Engineering
RECOMMII4DATION:
Staff recommends approval of a contract with Application Control Engineering
not to exceed $22,500.
SUMMARY:
The City of Denton Water Reclamation Division is following an automation plan wHch
will provide greater control of the operations of the plant and ultimately will provide the
ability to run the plant with an unmanned night shift.
Much of the computer system software and hardware for increased automation of the
plant was provided during the last plant expansion. Due to limited funds during the last
expansion total automated supervisory control of the plant was not achieved. There are
still some engineering modifications that need to be aaomF'iahed as well as upgrading .
.tome I %O's vintage electrical and motorized valves that would provide an adequate level
of automation to go to an unmanned shift.
One of the key elements of the plan is the Plant Scada Supervisory Control Redesign.
Mr. Ron Wise with Application Controls Engineering has helped redesign several of the
operational controls at the plant and we are seeing excellent results from his work. The
proposed scope of work would complete the system redesign for the Notch Plant Primary
Sludge Station, Chlorination Dechlorination System and the Belt Press Building.
PROGRAM/DEPARTMENT OR GROUPS AFFECTED:
Citizens of Denton, City of Denton, Water and Wastewater Operations.
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FISCAL MWACT:
In 1997, 563,500 is budgeted in the CIP for plant automation activities:
North Plant Primary Pump Station (Elec Upgrade) $7,500
Plant Scada Supervisory Control Redesign 522,500
Chlorine Analyzers $3.500
Variable Drives Plant Raw Lift Station $25,000
Surveillance Cameras $ 5,000
In 1998, $32,000 would be allocated for the following:
Vortex Degritter Flow Pace Splitting Control S 12,000
Plant Scada Supervisor Control Redesign S12,500
Telemetry to Caretaker Residence $5,000
Surveillance Cameras S 2,500
In 1999, S 150,000 would be allocated to solve hydraulic problems associated with sludge
draw off from the North and South plant finals. This would involve the expansion of wet
wells for both plants. It is anticipated that these activities will be accomplished during
the next plant expansion. This component will be critical in enabling the division to go to
an unmanned night shin
Respectfully submitted,
R. E. Nelson, Executive Director of Utilities
Prepared by,
•
Howard Martin, Director
Environmental Operations I
Exhibit I:
putauro.doc
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Agenda No- - ~
1 Agenda Ite ~~77
Date - 1
ORDINANCE NO.
t
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE t
EXPENDITURE OF FUNDS FOR THE SECOND QUARTER 1997 PAYMENT BY THE
CITY OF DENTON FOR SOLID WASTE PERMIT FEE WITH TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in order to comply with contra.t commitment to Texas Natural Resource
Conservation Commission, the City of Denton is required to pay Solid Waste Permit Fee; and
WHEREAS, the City Manager has reviewed and recommended that the Council
approve the payment of such fee; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTIOIYL That the expenditure of funds in the amount of $29,360.00 to he paid
to Texas Natural Resource Conservation Commission, is hereby authorized.
SECTION IL That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of ,1997.
JACK MILLER, MAYOR
ATTEST: .
JENNIFER WALTERS, CITY SECRETARY
BY:
s ~
J
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
• rsa.ORD •
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DATE: June 3, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: CHECK REQUISITION TO TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION (MCC)IN THE AMOUNT OF 529,360.00
RECO51MENDATION: We recommend this check requisition to Texas Natural Resource
Conservation Commission in the amount of $29,360.00 be approved for payment
SUMMARY: This check requisition is for the second quarter 1997 payment of the City of Denton
Solid Waste Permit Fee. The amount is calculated by a formula based upon the num~-,-. of tons of
solid waste received by our landfill. A 3.5% additional charge is applied to our refuse collection
rates to offset this fee payment.
PROGRAMS, DEPARTMENTS ORGROUPSAFFECTED: Solid Waste Department, Denton
Municipal Utilities, Citizens of Denton.
FISCAL IMPACT: Funds are available from Account #630-024-0803-8982.
Attachment: TNRCC Invoice #SWD0004836
Respectfully submitted:
S 3 .
Kathy uBo I
Executive Director of Finance j
Prepared By:
Name: Denise Harpool
Title: Senior Buyer
Approved:
• S~ _ • •
Na,ne: Tom D. Sl aw, C.P.M.
Titlcr Purchasing ASent
874,AGENDA j
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0 Mimi-
. 1,' . , . • nr:1~N~YpY/IY~ 4\MUVi.I- Mi: i, . r..
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BILLING DATE; APR30, 97 ACCOUNT NO. BALANCE DUE I
' DETACH THIS PORTION AND RETURN WITH 0708496 29, 360.00
CHECK OR MONEY ORDER PAYABLE T0:
` ❑ CHECK HERE IF YOUR ADDRESS HAS CHANGED.
TEXAS NATURAL RESOURCE PLEASE INDICATE ADDRESS CHANGE ON BACK.
CONSERVATION COMMISSION INVOICES NOT PAID WITHIN
30 DAYS OF INVOICE DATE WILL
ACCRUE PENALTIES. I
. CI
SOLIDNVASTEYSOUPT.
901-A T,AAS STREET
DENTON TX 76201 0000708496 0273581 00029360000430978
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION PAGE t
MAN" "R°A Fla. "Wn DETACH TOP PORTION AND RETURN WITH PAYMENT - KEEP BOTTOM PORTION FOR YOUR RECORDS
INVOICE AT EF ENE I AMOUNT BALANCE
APR30,97 SWD0004836 PERMIT 0000001590 FY97 Q2 29,360.00 29,360.01
SOLID MASTS FEE -
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J ?OR TECHNICAL INFORMATION PLEASE CALL ELVI 6SPAR2A AT 512-239-6700.
ACCOUNT NO. THIS ST TEMENT R CT AL PAYMENTS LATE FEES BALANCE DUE
RECEIVED THROUGH _
070d496 APR21,97 0.00 29,360.00
BILLING DATE: ApR30, 97 REVERSE SIDE for E>Vanalbn of Ch PLEASE PAY THIS AMOUNT
20 TNRCC Contact Teieptane Numbers.
u have quest" aAer reading She Insert
3 and back of NO please can. INCLUDE ACCOUNT NUMBER ON CHECK
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Agenda No _1 7~0
Agenda Ile
Date ^-3' -
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS,
EQUIPMENT, SUPPLIES OR SERVICES BY THE STATE; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution 92.019, the State Purchasing General Services
Commission has solicited, received and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies or services in accordance with the procedures of state law on behalf
of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies or services can be purchased by the City
through the General Services Commission programs at less cost than the City would expend if
bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION t. That the numbered items in the following numbered purchase order for
materials, equipment, supplies, or services, shown in the "Purchase Orders" attached hereto, are
hereby accepted and approved as being the lowest responsible bids for such items:
PURCHASE
ORDER VENDOR AMOUNT
• 75354 NTCS, INC. 5745,489.03
SECTION H. That by the acceptance and approval of the above numbered items set forth
in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the
General Services Commission for such items and agrees to purchase the materials, equipment,
• supplies or services in accordance with the terms, conditions, specifications, standards, quantities 9 O
and for the specified sums contained in the bid documents and related documents filed with the
General Services Commission, and the purchase orders issued by the City.
1
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SECTION III. That should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to inter into a formal written agreement as a result of the
City's ratification of bids awarded by the General Services Commission, the City Manager or his
designated representative is hereby authorized to execute the written contract which shall be attached
hereto; provided that the written contract is in accordance with the terms, conditions, specifications
and standards contained in the Proposal submitted to the General Services Commission, quantities
and specified sums contained in the City's purchase orders, and related documents herein approved
and accepted.
SECTION LY. That by the acceptance and approval of the above numbered items set forth
in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor
in the amount and in accordance with the approved purchase orders or pursuant to a written contract
made pursuant thereto as authorized herein.
SECti:1N Y. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1997.
JAS'"7 ill ER,MAvOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
•
BY:
l
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY C
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ByY
STATE,ORDINANCE
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NAM. I
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DArE: JUNE 3, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
{
SUBJECT: PURCHASE ORDER # 75354 TO NTCS, INC.
R£CONMENDATION: We recommend that Purchase Order 475354 to NTCS. Inc. be approved
in the amount o11745,411.11,
SUMMARY: This purchase order is for the acquisition of SoftNare, hardware and equipment
upgrade to facilitate the implementation of the Information Services Long Range Technology Plan as
approved by Council. Included are memory upgrades to existing PC's, net\vork hubs. routers and
switches, net- o.~ painters, file and application servers and server back up software,
The purchase of these items and the peripherals necessary to upgrade existing equipment +vill insure
the nemorking capabilities of the 300 plus workstations and lap top PC's approved in April
NTCS. Inc. is a Qualified Information Systems Vendor for the State of Texas. Acquisitions from
vendors in this stanc;ng are exempt from the competitive bid process (Chapter 271 Texas Local
Government Code and Attorney General Ruling Number DM-350).
The Information Services Advisory Board and Public Utility Board recommended approval.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Information Services Div ision.
City of Denton Staff, and Citizens of Denton
FISCAL IMPACT: Funds for this purchase are available in Capital Improvement Project (CIP)
multi-year Budget Account Number 468-044-COMP-9647-9103.
Attachments: Purchase Order 475354
Letter designating NTCS. Inc. as a Qualified Information Systems Vendor
Executive Summary - Long Range Plan
Respectfully submitted:
Kathy DuE sb e
Executive Director of Finance
\ irovcd:
Name: Tom D. Shaw. C.P.M.
Title: Purchasing Agent 1
53: A:ENCA. _
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PURCHASE ORDER NO: 75354 THIS IS A MKX
This number must appear an all CONFIRMING ORDER
invoices, delivery slips, cases, (IF ctns., boxes, pecking slips end bills. DO NOT DUPLICATE
Rea No: Bid Na FILE 62045 Detr. 05 21 97 Page No. O1 I
CITY OAS
PURCHASING DIVISION 1 901 B DEN STTRRENf TENTON. TEXAS 76201-4354 TEXAS 8771383-7100 DIFW METRO 8171297-0042 FAX 817/383-7302
VENDOR NTCS, INC. (DENTON)
NAME/ 3801 I-35 NORTH DELIVERY CONFIRMATION ONLY C11
ADDRESS SUITE 126 ADDRESS INFORMATION SERVICES
DENTON TX 76207 601 E HICKORY
DENTON, TX 16205 a
STEVE MEEKS
VENDOR NI! NTC49100 DELIVERY OUDTEO 06 18 97 FOB DESTINATION BUYER TS TERMS
1 k w,.
001 1.00 LT VENDOR CAT. E N / A MFG NAME 17,221.640 17,221.64
CITY t 20536
MEMORY UPGRADES TO EXISTINO POPS TO MEET MINIMUM
CONFIGURATION
002 1.00 LT VENDOR CAT. I N / A MFG MANE 91,219.000 291,219.00
CITY / 28578
NETWORK HUBS, ROUTERS AND SWITCHES
003 1.00 LT VENDOR CAT. # N / A MFG NAME 26,074.390 226,074.39
CITY B 2u547
NETWORK PRINTERS
004 1.00 LT VENDOR CAT. I N / A MFG MAKE 81,419.000 181,419.00
CITY 0 20582
FILE AND APPLICATIONS SERVERS
P OE TOTAL s 715,934.03
® i
VENDOR WSTRMT10N5 1 Terms - N01 lO .«,u
1. Send ai itil Mole mdt ••a«.,..
g okiFlirJh spy. 4. Shipp ir; instructions: F.0.0Oestinatisn kreseie W.., .a..«v y..n.,.l
2 Bill to - AttanU Frytby S. No feodel or state sates w shill be included
71S E McKlreb St in Prices billed,
PURCHASING ut sinp vistbn
ovitton, III 76211-4299
~rl
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PURCHASE ORDER NO: 75354 THIS IS A XXX
This number must apper on all CONFIRMING ORDER
invoices, deiivere trips, cases. IIF MARKED)
tins,, boxes, pecking slips end bins. DO NOT DUPLICATE
Req, No: Bid Na FILE #2045 Da1r. 05 21 97 Pape No. 02
CITY Of DENTON TEXAS 4
PLK3U1ASVdG DIVISION 1901-8 TEXAS STREET 1 DENrON, TEXAS 76201-4354 !
VENDOR NTC3, INC. (DENTON) 817/383-7100 O1FM1 METRO 8171267-0042 FAX 8171383-7302 II!
NAME/ 3801 I-35 NORTH DELIVERY CONFIRMATION ONLY C11
ADDRESS SUITE 126 ADDRESS INFORMATION SERVICES
DENTON TX 76207 601 E HICKORY
STEVE MSEKS DENTON, TX 76205 N
VENDOR N0. NTC49100 DELIVERY QUOTED 06 18 97 FOB DESTINATION BUYER TS TERMS
f'. G Y? ' , R d
005 1.00 LT VENDOR CAT. # N / A NFO NAME 29,555.000 29,555.00
CITY # 20582
SERVER BACKUP SOFTWARE
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P OE TOTAL t 29,555.00
OR ND TOTAL t 745,489.031,
01 468 044 COMP 9647 9103 745,469.03
i
VTNOEIA BvSIBilCT10Ni ' S- Terms - Net Ia kml- .u«~. y.0.4I
1. Send 6601A M Yweke with dolic#4 gep7. 1. Shiyyiny MSVKsiwm F, O.B. OeuineIm yrereid %MI%" a«.i..,..n,..r
I. Bill to - Accounts rery~eAley S. No lederel or tote sees let sw he rc"d
20 in p+ces killed uc nxp rvrsial
amp ik1~71., 16itit PURCHASING
•
Poor Qua -et.
~ r
auvua C {c
General Services Commission ,E° hwr,
1711 San J& =a P•0. Box 13017 wear c .
aFRAOE is
Auxin, Tame 78711.3047 PAWWRW
IMYwg
(512)463.303S wac
urwas
AM 0".-
October 31; ;994
me. dalvador isplno
NTC3, rno.
3801 I-35 North, suite 126
Denton,',TX 70207 ,
Mt Catalogue 6urChases
This Is to advise that your firm has been deaignated as a Qualified Information
System@ Vendor. No ask that a Copy of this letter be included at the front o:
I' each Catalogue Provided to eligible Purchasers, You may proceed to market your
r catalogue products and services to eligible Purchasers.
Congratulations on becoming a 3tats'of Texas Qualified Information Systems
Vendor.
'8incerely,
~ VID f 1-75-245•7I04•700
NTC3, Inc.
$me an above
Otiphen N. Katlppa, CFPB (all) 307-0122 x136
Purchaser 1817) 369-3332 tax
.13121 463-3567 '
c: Iteneet 8candarra E
i
J ,
6 3 t;
Ono
►ontrnauves Hera eon~rwr 1 t;.
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ii~.. 1N1,. 1LtVLU ...I ins nu.vao r.vI
This is a summary of the costs associated with acquiring the remaining hardware and software
components to begin implementation of the City of Denton's Enterprise Network.
Network ana Applications Software to be purchased from DIR: $200,418.33
Network and Applications Software to be purchased from NTCS: $ 20,555.00
File and Application Servers to be purchased from NTCSr $181,419.00
Network Printers to be purchased from NTCS: $226,074.39
Network Infrastructure to be purchased from NTCS: $291,219.00
PC Upgrades to be purchased from NTCS: $ 17,221.64
Grind Total $943,907.36
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fjl~r . gal
NTC$j9;.
proprietary Information. The endwd material is proprietary to NTCS and is therefore ropyritlned
7 f
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Agenda No_Z_
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Agenda NZ:
Oate_~r~3~~2
r
ORDINANCE NO.
AN ORDINANCE AWARD,NG A CONTRACT FOR THE PURCHASE OF MATERIALS,
EQUIPMENT, SUPPLIES OR SERVICES BY THE STATE; PROVIDING FOR T14E
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services
Commission has solicited, received and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies or services in accordance with the procedures of state law on behalf
of the City of Denton; and
WHEREAS, the City Manager or'. designated employee has reviewed and recommended
that the herein described materials, equipment, supplies or services can be purchased by the City
through the General Services Commission programs at less cost than the City would expend if
bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS.
SECTION_ 1. That the numbered items in the following numbered purchase order for
materials, equipment, supplies, or services, shown in the "Purchase Orders" attached hereto, are
hereby accepted and approved as being the lowest responsible bids for such items:
PURCHASE
ORDER VENDOR AMOUNT f
• 75355 DEPARTMENT OF INFORMATION RESOURCES $200,418.33
i
SECTION 11. That by the acceptance and approval of the above numbered items set forth
in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the
General Services Commission for such items and agrees to purchase the materials, equipment,
• supplies or services in accordance with the terms, conditions, specifications, standards, quantities O c
and for the specified sums contained in the bid documents and related documents filed with the
General Services Commission, and the purchase orders issued by the City.
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SECTION W. That should the City and persors submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the General Services Commission, the City Manager or his
designated representative is hereby authorized to execute the written contract which shall be attached
hereto; provided that the written contract is in accordance with the terms, conditions, specifications
and standards contained in the Proposal submitted to the General Services Commission, quantities
and specified sums contained in the City's purchase orders, and related documents herein approved
and accepted.
SECTIONIV. That by the acceptance and approval of the above numbered items set forth
in the attached purchase orders, the City Council hereby authorizes the expeadituro of fiords therefor
in the amount and in accordance with the approved purchase orders or pursuant to a written contract
made pursuant thereto as authorized herein.
°£GTIONY. That this ordinance shall become effective immediately ulyin its passage and
aPPr a].
PASSED AND APPROVED this ----day 1997.
JACK MILLER, MAYOR ,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
i
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
STATE ORDINANCE
2
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DATE: JUNE 3, 1997
CITY COUNCIL REPORT
i
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i O: Mayor and Members of the Cite Council I
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: PURCHASE ORDER #75355 TO DEPARTMENT OF INFORMATION
RESOURCES
RECOMMENDATION: We recommend that Purchase Order 475355 to the Department of
Information Resources be approved in the amount of $'_00,418.33.
SUJLNIARY: This purchase order is for the acquisition of nctwork and workstation soflaare for 600
nodes and 500 users. The prices are directly from the State of Texas General Services Commission.
Department of Information Services price sheets. The purchase of this softsare is a continuation of
the PC/Information Services Upgrade. Council authorized the lease of the desk top and lap top PC's
that will utilize this software on April 15. 1997. as approved in the Information Services Long Range
Plan.
The General Scnices Commission contract listing satisfies all competitive bidding requirements
(Texas Local Government Code Section 271.082. 271.083. 601 b. Section 3.081 VTCS and Attorney
General Ruling DM-350).
i
The Information Services Advison Board and Public Utility Board recommended approval.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: In format ion Services Division.Cit%
of Denton Staff, and Citizens of Denton
FISCAL IMPACT: Funds are available from multi-year Capital Improvement Project (CIP)
Expenditure Account Number 468.044-COMP•9647-9103.
Attachments: Price list from NTCS. Inc. reflecting Department of Information Services pricing
Purchase Order 475355 to Department of Irformation Resources
Respectfully submitted: {
• ~yDu
Kathy Du se ~ -
Executive Director of Finance
Appros ed: kk
• Name: Tom D. Shass. C.P.M. • •
Title: Purchasing Agent
B 79,A~ENZCA
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05/21/07 11:21 12417 566 6$~SS City of Denton ®002/OOSOy
NTCS1 INC. ID:7024 MAY 08'97 IS;bt$ No'31 11''
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PURCHASE ORDER NO: 75355 THIS IS A r 7 XR
This number roust appear on MI CONFIRMING ORDER
invoices. delivery slops, apes. (IF MARKED)
tins„ boxes. packing slips and bills. DO NOT DUPLICATE
Req. No- Bid No FILE #2045 Date. 05 21 97 Pape Na 01
CY OF P1dRCHASM4 DIVISIM 1 901-0 TEXAN STREP 1 DENTOR TEXAS 76201-4354
8171383-7100 D/FVV METRO 817J267-0042 FAX 8171383-7302
VENDOR DEPT. OF INFORMATION RESOURCES
NAME/ P 0 BOX 13564 DELIVERY CONFIRMATION ONLY C11
ADDRESS ADDRESS INFORMATION SERVICES
AUSTIN TX 78711 601 E HICKORY
DENTON, TX 76205
STEPHANIE MILLER
VENDOR NO. DEP11000 DELIVERY GUOTED 06 16 97 FOB DESTINATION BUYER TS TERMS
001 1.00 LT VENDOR CAT. # N / A MFG NAME 00,418.330 200,418.331
CITY i 20582
NETWORK AND WORKSTATION SOFTWARE FOR 600 NODES AND 500 USERS
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P GE TOTAL s 200,418.33
• 01 468 044 COMP 9647 9103 200.418.33 GR ND TOTAL s 200,418.33
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VENDOR 01STRIICTIONS; I, Terms . Nei 30 •"^•u ,..a.u
1. Sena ripinal invoke 4.e'lA 04tic4lo "n. ! 4. Zipping insbUCtionC F.01. 0estuvaion prepaid w.., .wr.. y. d.,t
I. Bill to - /ccoogq Payable 6. No Ieeeal or state sales taa shell be indaaea
215 1. Winnow SL ! in prices billet c nine Division
IHnteh TX Ttt01 1291, j PURCHASING
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Agenda No. 9 7nQF L
Apenda Ite
Date ORDINANCE N0.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF
MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items
that are only available from one source, including: items that are only available from one source
because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books;
electricity, gas, water and other utility purchases; captive replacement parts or components for
equipment; and library materials for a public library that are available only from the persons holding
exclusive distribution rights to the materials; need not be submitted to competitive bids; and
! WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above
paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following purchases of materials, equipment or supplies, as described in
the "Purchase Orders" attached hereto, are hereby approved:
PURCHASE
ORDERNUMBER VENDOR AMOUNT
75356 SYMPRO, INC. $23,030.00
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SECTION 11. That the acceptance and approval of the above items shall not constitute a contract
0 between the City and the person submitting the quotation for such items until such person shall
comply with all requirements specified by the Purchasing Department. r
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SECTION III. That the City Manager is hereby authorized to execute any contracts relating to
the items s : ifed ir. Section 1 and the expenditure of funds pursuant to said contracts is hereby
9 authorized. 0
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SECTION.IV. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 1997
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: -
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SOLE SOURCE
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DATE: JUNE 3. 1991
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose. Executive Director of Finance
SUBJECT: PURCHASE ORDER #75356 TO SYMPRO, INC.
RECO3131ENDATION: We recommend this purchase order to SymPro, Inc. be approved in the
amount of $13.030.00.
SUMMARY: This purchase order is for the license agreement for the SymPro Imestment
Tracking System. This soffiyare %yill be utilized by the Finance Administration Division to track
fixed income modules on %Nindows base. extended investments, market pricing, cash flo,.y and
general ledger interface. Included in the price is one year of maintenance and support at a cost of
$1.100.00.
This is a sole source acquisition of product protected by copyright and therefore exempt from the
bid process (Chapter 252 Texas Local Government Code).
The Information Sen ices Advisory Board recommended approval by Electronic Vote on May _7,
1997.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Finance Administration
Division. Information Sen-ices Division
FISCAL IMPACT: This acquisition %N ill be funded from 1996/97 budget funds account number
100-042-021\1-6935.
Attachments: Quotation from SymPro. Inc.
Purchase Order #75356
Respectfully submitted:
• - u~Ji~
Kathy DuB e a
Executive Director of Finance
Approved by:
• Nnme: Tom D. Shay. C.PAI y p •
isle Purchasing Agent
677 A3ENCA .
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May-19-97 04:39P Sym°ro Inc 530 655 4064 P.02
73)7 C
4/bcaur t
OaIJmd, CsOrermm 946
ls
~z SymPro TEL 510 655,0900
11f~ FAX 510 6554064
May 14, 1997
Me. Lee Anne Bunselmeyer
City of Denton
215 E. McKinney
Denton, TX 76201
Dear Lee Anne,
We are pleased that you have continued Merest in our SymPro product. I have
updated our SymPro proposal as we disawsed asdW today.
sylnPro t'iclftwen -
Tnaaturo Maneeement SYelutt
Are"
Software Support
Fboed Ir4ome Module - Win 6,965.00 1,200.00
Extended fnveetmem Module 3,950.00 700.00
1
Market Pricing Interface 995.00 200,00
Cash Flow! Debt Module 2,993.00 500.00
(general Ledger Interface 2,995.00 500.00
Software Subtotal 519,930.00 13,100.00
Software Total =030-00
Please note that we have gWn you a discount on the Extended Investment
Module. I look forward to woftiq with you make this a very effecWe
imptementation. If you have any r,uestions or uoncems abo.1 this proposal,
i please call me at 510-655-0900, extenslon 124.
J
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PURCHASE ORDER NO: 75356 THIS IS A XXK
Ttlis number must appear on all CONFIRMING ORDER
invoices. delivery slips, cases. (IF MARKED)
ctns.. boxes, packing slips and bills. DO NOT DUPLICATE
Rea. No, Bid Na Date: 05 20 97 Pape No O1
KW-HASING DIVISION CiTY1 018 TEXASTONI TEXONN.SEXAS 76201-4354 !f
1317/383-7100 O1FVV METRO 817/267-0042 FAX 8171383-7302
VENDOR SYMPRO, INC.
NAME/ 5532 CLAREMOXT AVE DELIVERY CONFIRMATION ONLY C33
ADDRESS ADDRESS FINANCE DEPARTMENT
OAKLAND CA 94618 215 E MCKINNEY
DENTON, TX 76201 in I
DARYL LEE
VENDOR W. STM50000 DELIVERY QUOTED 07 01 97 FOB DESTINATION BUYER IS TERMS
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001 1.00 EA VENDOR CAT. t N / A MFG NAME 3,100.000 3,100.00!
CITY 11 20526
INVESTING TRACKING SYSTEM
ANNUAL SUPPORT
002 1.00 EA VENDOR CAT. ! N / A MFG MANS 81995.000 8,995.00!
CITY t 20526
FIXED INCOME MODULE - WINDOWS I
003 1.00 EA VENDOR CAT. 1 N / A MFG NAME 3,950.000 31950.00
CITY / 20526
• EXTENDED INVESTMENT MODULE
004 1.00 ER VENDOR CAT. E N / A MFG NAME 995.000 995.00
CITY / 20526
MARKET PRICING INTERFACE
P GE TOTAL t 17,040.00
VTNOOfI INSi 1lKTI0NS 3. Terms • Net 313 sail,.. •e••u xu M,l
1. Send oripifial Imroke wide dupt,cate copy. i 4. Shipping insvoc6onk F,O,B, Oastinatlon prepaid
1 Bill to Accounts paysbla No IederN or sate sales 4R shill b include/
715 L bkK mey St in prices billed
u~c 'up wis
_Oantat Tk 76291. 239 PURCHASING f
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PURCHASE ORDER NO: 75356 THIS IS A XXX
This rsrnbar must appear on all CONFIRMING ORDEA
invoices, delivery slips, cases, OF MARKED)
clns„ boxes, pecking slips and bi0a DO NOT DUPLICATE
Req. No: Bid No, Dater. 05 20 91 Pop No. 02
KACRASING O(VISION 11 9001 a pEXASS STTRRENf TDEENTTOAN,TEXAS 76201-4354
8171383-7100 O/FVV METRO 817/267-0042 FAX 8171383-7302
VENDOR SYMPRO, INC.
NAME/ 5532 CLAREMONT AVE DELIVERY CONFIRMXTION ONLY C33
ADDRESS ADDRESS FINANCE DEPARTMENT
OAKLAND CA 94618 215 E MCKINNEY
DENTON, TX 76201
DARYL LEE
VENDOR NO. SYNSOOOU DELIVERY OLIOTFD 07 01 97 FOB DESTINATION BUYER TS TERMS
qi
005 1.00 EA VENDOR CAT. M N / A MFG KANE 2,995.000 2,995.00
CITY t 20526 !
CASH FLOW/DEBT MOn1FLE
i
006 1.00 EA VENDOR CAT. R N / A MFG NAME 2,995.000 2,995.001
CITY 1 20526
GENERAL LEDGER INTERFACE
P GE TOTAL t 5,990.CO
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• 01 lOJ 042 024M 8935 23,030.00 GRND TOTAL 23,030.00
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4TNDOR INSTRUCTIONS I. Terms Net 30 k , •M•,••• y,.v,el
1. Sang oriFinel Nrok} MIA /yhClte can. a. Shipping Instrucliens FAA. Dsstwia0n jre►rl
1 Bill to Accounts Pai 6. No federal or state gales tax shell be inckiees
y
215 E McKks s ` in prkes billed Pischasing VsWm
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De ten TIt )170t-1299 PURCHASING
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Agenda No-q I
CITY COUNCIL REPORT Agenda Its
Date
DATE: May 19, 1997 `
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Prohibiting U-turns at bcLh !ntersections on Teasley Lane between
IH 35E and US 17 (Dal13s Drire)
RECOMMENDATION:
Approve ordinance to remove U Turns from the two uncontrolled intersections on
Teasley between US 77 and It! 35E.
SUMMARY:
This issue was initiated by the businesses in this area complaining about the
accidents and many near misses that occur when the U turns occur. We received
positive feedback from more than 73t of the businesses/apartments contacted and
received no negative responses,
BACKGROUND:
U turns are prohibited by City ordinance at controlled intersections.
Uncontrolled intersections require a specific ordinance and the City will request
those if there is a documented accident problem or if the property owners in the
area cooperatively feel the U turns are :ioL safe which happened in this case.
PROGRAMS, DEPARTMENTS. OR GROUPS AFFECTED:
Busiresses and apartments along Teasley betwee- US 77 and IH 35E, Police
Department, and the Engineering and Transportation Department.
FISCAL IMPACT
Signs, poles, and removals will cost an estimated $250.
RES LY SUB ITTED:
is S e
Deputy City Manager
( Prepared by.
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Derr ark
Dir ct of ngineering 6 Transportation !
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MEMO
To: Rick Svehla, Deputy City Manager
From: Jerry Clark, P.E.?)Ijr--
Subject: Prohibiting U TuKs on Teasley between III 35E and US 77
Date: May 19, 1997
This request was initiated by the businesses along Teasley who have seen the occurances of near
misses from U Turn Traffic accelerate recently. If the businesses had not initiated this action, it
would have taken a documented accident problem for us to proceed on if they were not in favor.
Fortunately, accidents have not reached a severe stage yet but the observations made by our
traffic control people confirmed that the U turns are not usually completed in a safe manner and
have the potential to result in many accidents.
This is a very busy stretch of highway with nearly 20,000 cars per day passing through it. This
volume is expected to increase as the occupancy rate in the shopping and business centers all
along it continues to rise. Staff recommends that the U Turns be Prohibited now since the
businesses and apartment managers in this area are in favor and the high volume of traffic in the
corridor.
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TSC Memo
December 18, 1996
page 5
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ITEM 3 CONSIDER PROHIBITING U-TURNS AT BOTH INTERSECTIONS ON
TEASLEY LANE BETWEEN IH 35E AND US, 77 (DALLAS DRIVE):
This item would prohibit U turns in both of the
intersections on Teasley between IH 35E and US 77. This
four lane divided arterial currently carries 18,500 care
per day. The U turns that occur are usually from the
apartment dwellers who are seeking the most direct route.
The divided roadway impacti their ability to do this so
they make U turns at both of these intersections. Most
likely, some of the commercial/retail traffic also does
this but a much smaller percentage.
Accident analysis of these two intersections shows that
the accident rates are not high and therefore would not
warrant special treatments like signals or 4 way stops.
These type treatments are also not ccmpatible with the
two signals at each end and the short distance between
them (1,300'). That spacing is already at the recommended
minimum spacing on an arterial.
Staff recommends that U turns be prohibited at both of
these intersections. As Denton grows, the potential for
disruption of traffic, accidents, etc will grow.
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TSC Minutes
Ja.7uary 6, 1317
page 3
ITEM 3 DISCUSS AND CONSIDER PROHIBITING U-TURNS AT BOTH INTERSECTIONS ONE
TEASLEY LANE BETWEEN IH 35E AND US 77 (DALLAS DRIVE):
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Clark said this is for the two uncontrolled median openings on
Teasley Lane between Dallas Drive and 115. Staff has brought this
before TSC prior to this commission meeting. Requests have been
received as to whether or not this was a safe movement. U-turns
are prohibited at all signalized intersections in the City of
Denton. So, when it's an unsignalized intersection you have to
pass an ordinance.
Flyers were delivered to all businesses and apartment managers on
both sides of Teasley between I,5 and Dallas Drive. Staff
received several comments - Gary Y.irchoff, Title Research was fc -
reatti,,ting the u-turns, Harold Walding and all the Tom Fouti
realtors that he was aware of was in favor of restricting it,
Carol ranzer, who manages the Sunburst Apartments, was in favor
of no u-turns, and David Martin at the 7-11 at Teasley and 115 was
in favor of no u-turns.
The accident rates have not actually been that high. If you do
observe it when the movements are occurring, it is dangerous. The
traffic count volumes are about 18,000 vpd which are a lot of
cars. The opportunities for accidents to happen are very regular.
This map also shows how intense, busy and fully developed this
area is. You have apartments, a major retail area, two of the
largest apartment complexes in Denton, 7-11 and retail fast food,
a complex at the shopping center on the northeast corner of 135
and Teasley which has high traffic volumes for restaurants, a
health center, and a lot of little shops.
Staff recommends approval. TSC cuuld wait until accident reports
are high and it is fully justified. But, it would be much safer
to go ahead and fix it now. It is causing concern and problems
that can mostly be rectified with this ordinance.
Robert Rayner, with Tom Fouts Realty at 1108 Dallas Drive - Suite
310, came forward to address the commission. He didn't call in
because he wanted to speak personally to the commission. These
ara busy intersections and he is in favor of the no u-turns.
There is another building in the complex that is about 40,000
square feet, 25,000 square feet of it is leased to FEMA. This is
the part of FEMA that takes care of emergencies. It is not i
uncommon that 125 people could be going there to answer the
phones
He has almost been clipped 3-4 times. It's a very steep hill
coming out of wocdhill. If you time it just right and it looks
• like someone is in the turn bay going into Woodhill Apartments,
you try to work it so you can make it in. But, when they make a A 0
u-turn, everybody stops and you realiza you are in the wrong
place. You are right in the middle of traffic and people are
AEE007FC
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TSC Minutes
January 6, 1997
page 4
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going rather swiftly.
This is a great idea and he is glad that Ii,e City has brought it
to TSC's attention. He is assuming tha the circles are people
who ha :e been notified. More people from Woodhill Square would
probably have been here if they had teen aware of the situation,
They would say, "please put in the no u-turns". Thank goodness
there doesn't have to be a lot of accide.ts to show the importance
of these particular signs,
Clark said, to clarify who was notified, it was all the businesses
along both sides of Teasley Lane along with apartment managers at
two apartment complexes.
Sawko asked Clark to show exactly where signs would be placed.
Clark said signs would be installed on each side of the median
openings for eastbound and westbound tra:fic.
Bacon said she agrees that the no u-turns need to be there. The
concarns she has is if someone is southbound on Teasley to turn
into those apartments, at the second median br_ak eastbound, y-ju
almost have to do a u-turn :o got into the apartments. If they
are coming from Carroll, how are they goirl to get into those
apartments? Clark said there are entrances on Dallas Drive.
Sawko said his business is located there. He has watched numerous
near collisions and is surprised there haven't been high
incidences.
STAFF RECOMMENDED: Approval
COWISSIONERS: Sawko made a motion to approve the no u-turns as staff
recommended. Ridens seconded the motion. Motion passed
unanimously. Hobdy asked if the words "No U-turn" be put
up as well as the international symbol. He is convenienced
that there is a good number of people who don't know what
that means. This would be a good test place to try it.
Clark said this still has to go to City Council for
a.proval of an ordinance.
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J3\W?D0CS\0w\U-TURN.0RD
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING U-TURNS AT
TWO MEDIAN OPENINGS ON TL'ASLEY LANE BETWEEN INTERSTATE 35 EAST AND
U.S. 77 (DALLAS DRIVE); 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. When signs are erected giving notice thereof, no
person shall make a U-Turn at any time at any median opening on
Teasley Lane from Interstate 35 East to its Intersection with U.S.
77 (Dallas Drive).
SECTION II. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION III. Any person who shall violate a provision of We
ordinance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued
thereunder, shall be guilty of a misdemeanor punishable by a fine
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
committed, or continued, and upon conviction of any such violations
such person shall be punished within the limits above.
f
SECTION IV. That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
• newspaper of the City of Dentou, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of 1997.
• 1
JACK MILLER, MAYOR • •
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ATTEST:
JENNIFER WALTERSt CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTYs CITY ATTORNEY
BY: cf
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Apende No,~~~a~ _
Agenda Ile
Date - -
June 3, 1997
CITY COUNCIL REPORT
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TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
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FROM: R.E. Nelson, Executive Director of Utilities
SUBJECT: CONSIDER APPROVAL OF A SUBCONTRACT NO. 96.169-1 BETWEEN THE
CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS FOR THE
ENVIRONMENTAL PROTECTION AGENCY (EPA) GRANT FUNDING
ASSOCIATED WITH THE DEVELOPMENT OF AN INTEGRATED
MONITORING AND OVERSIGHT STRATEGY FOR MUNICIPALITIES
UNDER 100,000 IN POPULATION
RECOMMENDATION:
The Public Utilities Board at their meeting of February 17, 1997, reca m.rended the approval of
the Subcontract No. 96-169-1 for the activities required to develop an integrated monitoring and
oversight strategy for municipalities under 100,000 in population.
SUMMARY:
The primary purpose of the grant activities is to gather information to assist the EPA in
formulating a strategy and preparing a guidance document for the upcoming Phase 11 storm water
regulations. Th. major emphasis of the proposed regulations, currently scheduled for 2001, is to
regulate storm water discharges from cities less than 100,901. 11 is apparent that the agency's
empl,isis will be to combine storm water monitoring and enforcement with existing regulatory
programs. The primary focus is to provide a more cost effective approach for smaller cities with
limited resources.
The federal stomm water initiative is being directed in part by an EPA staff member (Washington,
O 1 D.C.) that was previously a field enforcemen! inspector for the Denton industrial pretreatment
program. Being familiar with the Denton program and the focus of environmental compliance
activities in one part of the organization, he contacted Denton to make ua aware of the EPA '
storm water grant opportunities. Jim Coulter and Bill McCullough worked with Dr. Ken
Dickson and his staff (UNT) to develop a grant proposal,
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The EPA grant was awarded to UNT with The City of Denton identified as a subcontractor for a
portion of the work. The primary objective is to investigate the feasibility of utilizing industrial
pretreatment program resources for the upcoming storm water monitoring and enforcement
activities. UNT will administer the EPA grant funds through their grants administration office.
UNT will be investigating the potential use of the GIS system for identification and tracking
storm water pollutants in the drainage basin. The City of Denton will examine the benefits of
incorporating storm water pollutant inventory, abatement and enforcement activities wil:1 those
of the industrial pretreatment program.
PROGRANI/DEPARTNIENT OR GROUPS AFFECTED:
Citizens of Denton, City of Denton, Wastewater Treatment Division
FISCAL IMPACT:
The grant proposal identified $122,718 total of which EPA would fund $100,000 and grant
applicants would fund $22,718 of "work in kind". The proposed subcontract with UNT is for
$59,808 that Denton would receive for the work proposed in the project outline.
Please advise if I can provide additional information.
REyFj~~L SUBMITTED:
R.E. Nelson, Executive Director
Of Utilities
Pre ared by
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Howard Martin, Di a or
Environmental Operations
Approved by: r 1
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R.E. Nelson, Executive Director, Utilities
Exhibit 1: Subcontract N. 96-169.1
Exhibit 11: Grant Proposal Outline of Project Activities
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J AVPDOCS \OM \NPDES.ORD
ORDINANCE NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
THE UNIVERSITY OF NORTH TEXAS WHEREIN THE UNIVERSITY OF NORTH TEXAS
ENGAGES THE CITY OF DEI;TON, AS A SU9CONTRACTOR, TO FURNISH SERVICES
AND FACILITIES IN CONNECTION WITH THE PROJECT GENERALLY KNOWN AS
"DEMONSTRATION OF IMPROVED MONITORING AND OVERSIGHT STRATEGIES FOR
MUNICIPAL NPDES PROGRAMS PROJECT"; APPROVING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the University of North Texas ("UNT") has heretofore
entered into a Contract with the United States Environmental
Protection Agency ("EPA") described as Contract No. C X 824841-01•
0, providing for the completion of the project which is generally
identified as "Demonstration of Improved Monitoring and oversight
Strategies For Municipal NPDES Programs Project" (the "Project");
and
WHEREAS, UNT has expressed its desire to obtain the use of
certain City of Denton facilities and the services of several
employees of the City of Denton in order to assist it in the
completion of the Project, and desires to enter into a subcontract
with the City of Denton generally described as Subcontract No. 96-
169-1 (the "Subcontract"); and
WHEREAS, the City Council has determined that it is in the best
interest of the City of Denton to enter into the above Subcontract
with UNT, in light of the consideration expected to be paid to the
City thereunder, and in light of other advantages and benefits in
the nature of environmental efficiency, which will accrue to the
City by its participation in the Project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves Subcontract
No. 96-169-1 attached hereto, between UNT and the City, in
connection with the City of Denton, as Subcontractor, furnishing
• facilities and services in connection with the project known as
"Demonstration of Improved Monitoring and Overaight Strategies for
Municipal NPDES Programs Protect", and authorizes the City Manager
to execute said subcontract.
SECTION II. That the expenditure of funds as provided in the
attached agreement is hereby authorized. •
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SECTION III, That this ordinance shall become effective
immediately upon its passage and approval.
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PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
ATTESTe
JT,NNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO ?.EW L FORM:
HERBERT L. PROUPY, CITY ATTORNEY
BY:
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UNIVERSITY OF NORTH TEXAS
Denton, Texas
SUBCONTRACT NO. 96-169.1
COST REIMBURSEMENT
THIS AGREEMENT, by and between the University of North
Texas, Denton, Texas (hereinafter 'UNTO) and the City of Denton,
Texas, a municipal corporation (herein-3f ter "Sibcontractorm) and
constituting a Subcontract under Contract Ne.C K 824841-01-0
between UNT and United States Environmental Protection Agency
(hereinafter "Sponsor");
WITNESSETH:
WHEREAS, UNT has entered into the above referenced agreement
with Sponsor for certain work, all as therein provided, for
"Demonstration of Improved Monitoring and Oversight Strategies
for Municipal NPDES Programs;" and
WHEREAS, in connection with such work, UNT desires that
Subcontractor perform certain services, all as herein provided,
and Subcontractor has agreed to do so under the terms and condi-
tions hereinafter set furth;
NOW THEREFORE, the parties mutually covenant and agree as
follows:
Article 1 Scope of Work
Subcontractor shall provide all :eceseary personnel, equip-
ment, supplies, and facilities to perform the work described in
Attachment A, Statement of work, which is attached hereto and is
hereby made a part of this agreement for all purposes.
1 Article 2. Project Director
All work under this Subcontract shall be performed under the
• general guidance and technical direction of Dr. Kenneth Dickson,
the UNT Project Director. Such guidance and direction shall not, r
however, effect any change in the provisions of this Subcontract,
increase its estimated cost, or extend the period of performance.
Such changes shall be made only by amendment to this Subcontract
in the manner stipulated herein. The UNT Project Director is not
authorized to amend this contract in any manner.
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Article 3. Subcontractor Key Personnel
Subcontractor shall provide the following personnel to
direct and/or perform the work required by this Subcontract.
These individuals are considered to be essential to the work
being performed and shall not be removed or repla:ed without the
prior written consent of UNT.
Key Personnel: Mr. Jim Coulter
Mr. Bill McCullough
Article 4. Technical Reports
Subcontractor agrees to provide timely and accurate techni-
cal reports to the UNT Project Director as set forth and in
general accordance with the schedule, in Attachment A. If
Attachment A does not contain a report schedule, Subcontractor
hereby agrees to provide interim and final technical reports, as
required of UNT by Sponsor, of the work hereunder to the UNP
Project Director reasonably prior to the deadline for submission
of UNr reports to Sponsor.
Article 5. Period of Performance. Stop Work and Termination
The period of performance under this Subcontract shall begin
on February 15, 1996 and shall terminate on December 31, 1997,
unless sooner terminated in accordance with the provisions
herein. UNf has recently obtained an extension of its current
agreement with Sponsor in order to complete this project, which
is reflected in the work statement in Attachment A.
UNP may notify Subcontractor to stop work at any time, in
which case Subcontractor agrees to immediately cease incurring
expenses hereunder and to forego incurring additional expenses
until so notified by UNT.
UNT may terminate this Subcontract, without cause, by
giving not less than thirty (30) days prior written notice to
Subcontractor. Termination or cancellation of this Agreement
shall not affect the rights and obligations of the parties
accrued prior to termination. In the event of termination,
Subcontractor agrees to submit all existing project data, analy-
ses, maps, charts, photographs, computer programs and other
project materials, in whatever form they may exist, to the UNT
Project Director in a timely fashion. Upon receipt of all
project data and materials, UNT agrees to initiate payment to
• Subcontractor for all services performed and for all non-cancell-
able commitments made prior to receipt of the notice of termina-
tion. No other expenses, costs, or damages shall be paid upon
termination other than as stipulated herein.
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Article 6. Integration
The parties acknowledge that this Agreement is part of a
series of contracts between the parties and other entities in
order to accomplish a specific objective, generically identified
as the "Demonstration of Improved Monitoring and Oversight
rategies for Municipal NPDES Programs Project.' If the
"Demonstration of Improved Monitoring and Oversight Strategiea
for Municipal NPDES Programs Project' is canceled or if Brune of
the other integral contracts and arrangements between the other
parties render it impossible or impractical to proceed with the
project, UNT may cancel this Agreement without liability except
as herein stated. This Agreement is to be construed as part of
the overall proje.:t and in connection and conjunction with other
related contracts, agreements and objectives of the project.
Article 7. Compensation
For the services, counsel, reports and other items delivered
hereunder, UNT shall pay Subcontractor on a cost-reimbursable
basis in an amount not to exceed Fifty-Nine Thousand Sight
Hundred and Eight Dollars ($59,808.00), except that not more than
ninety percent (909k) of the costs billed shall be paid prior to
receipt and acceptance by UNT and Sponsor of all reports and
other deliverables, if any, required hereunder. In the perfor-
mance of work under this Subcontract, Subcontractor agrees to
expend funds in accordance with the budget detailed in Attachment
B, Approved Budget, attached hereto and by this reference made a
part hereof for all purposes.
ALL COSTS INCURRED BY SUBCONTRACTOR MUST BE BILLED NOT
LATER THAN SIXTY (60) DAYS AFTER TERMINATION OF THIS SUBCONTRACT.
ANY COST NOT BILLED WITHIN SIXTY (60) DAYS AFTER TERMINATION
WILL NOT BE PAYABLE UNDER THIS SUBCONTRACT.
ALL PAYMENTS TO SUBCONTRACTOR ARE CONTINGENT UPON THE
SATISFACTORY PERFORMANCE OF THE WORK HEREUNDER AND THE APPROVAL
OF DELIVERABLES BY THE UNT PROJECT DIRECTOR, WHO SHALL BE THE
SOLE JUDGE OF THE ADEQUACY AND APPROPRIATENESS OF THE WORK
L DELIVERED BY SUBCONTRACTOR HEREUNDER.
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Article 8. Billing Instructions
Subcontractor shall, at appropriate intervals following com-
mencement of work, but not more often than monthly, submit
billings to UNT for payment of services performed and expenses
incurred during the Subcontract period. These billings must be
in sufficient detail and must be accompanied by all supporting
documents required for payment by UNT. Billings are to be
submitted to:
Office of Grant Accounting
University of North Texas
P.O. Box 13646, NT Station
Denton, Texas 76203.3646
Article 9. Eo-uiflmgnt Accountability and Disposition
Title to all permanent equipment purchased by Subcontractor
under this Subcontract shall vest in Subcontractor upon acquisi-
tion, subject to the provisions of 45 CFR 74.136. An inventory
of all permanent equipment purchased hereunder must be maintained
by Subcontractor. Subcontractors property management system
must meet the requirements of U.S. Office of Management and
Budget (OMB) Circular A-110, Attachment N, and, if applicable,
must be approved by the Environmei:tal Protection Agency in its
essential elements. For purposes of this Subcontract, the term
"permanent equipment, is defined as individual items of equipment
costing $1,000 or more and having a useful lifo of more than two
years.
Article 10. Foreign Travel
Unless specified in the Approvrd Budget, foreign travel is
not authorized under this Subcontract. Requests to allow foreign
travel hereunder must be submitted to UNT in writing at least six
(6) weeks in advance and must contain the following: (a) meet-
ing(s) and place(b) to be visited, with dates and costs; (b)
name(s) and title(s) of personnel who will travel and their
functions in the project; (c) purposes to be served by the
travel; (d) how travel of personnel will benefit and contribute
• to accomplishing the project, or will otherwise justify the
expenditure of funds; ;e) how the advantages justify the costs
for travel and absence from the project of more than one person
if two or more persons intend to travel; and (f) what additional
functions may be performed by the traveler(s) to accomplish other
purposes of the project and thus further benefit the project.
Travel within the United States is approved to the extent allowed
• in Attachement B. 0 •
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Article 11, Project income E
Subcontractor shall remit or credit to the Sponsor awarding
the prime agreement any interest or other investment income
earned on advances of funds made under this Subcontract. If the
income is used on a federally assisted project, the use of such
income must be reported on the Financial Status Report(s) for
that project for the applicable period. Subcontractor will
report all Program Income to the Sponsor through UNT at least
annually and no later than sixty (60) days after termination of
this Subcontract.
Article 12. Audit. Allowable Costs and Reimbursement
If Subcontractor is subject to the audit requirements of OMB
Circulars A-128 or A-133, Subcontractor shall submit a copy of
its most recent financial and compliance audit report to the
Director, Office of Grant Accounting, P.O. Box 13646, UNT Sta-
tion, Denton, Texas, 76203, prior to the execution of this
Subcontract.
If the Subcontractor is not subject to OMB A-128 or A-133,
Subcontractor shall have an audit of the program conducted and
submitted to UNT within ninety (90) days of the end of the period
of performance as specified in this Subcontract. This audit will
be conducted by an independent certified public accounting firm
and shall be conducted in accordance with generally accepted
Federal Government Audit Standards as issued by the Comptroller
General of the United States.
Subcontractor certifies that, in instances of noncompliance
with Federal laws and regulations, appropriate corrective action
will be taken. Subcontractor agrees to notify UNT of the manage-
ment decision issued by the responsible Federal agency and of the
completion of the corrective action within six (6) months of
furnishing the audit report to UNT.
The books of account, files, and other records of Subcon-
tractor which are applicable to this Subcontract shall be avail-
able at all reasonable times for inspection, review and audit by
representatives of UNT, Sponsor and/or another authorized agency
to determine the proper application and use of all funds paid to
Q or for the account or benefit of Subcontractor. Subcontractor
agrees to maintain these records and make them available as
required for a minimum of three (3) years following completion or
termination of this Subcontract.
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The allowability of costs under this Subcontract shall be
determined in accordance with OMB Circular A-21 and appropriate
Sponsor regulations. Subcontractor assumes sole responsibility
for reimbursement to UNT and/or Sponsor of a sum of money equiva-
lent to the amount of any expenditures disallowed should Sponsor
or another authorized agency rule through audit exception or some
other appropriate means that expenditures from funds allocated to
Subcontractor were not made in compliance with the terms of this
Subcontract.
Article 13. Rights in
The parties hereto shall have the following rights in data
generated under the provisions of this Subcontract:
13.1 Definitions
1. "Data" as used herein means recorded information,
regardless of form or the media on which it may be
recorded. The term includes Computer Software,
and data of a scientific or technical nature. The
term does not include information incidental to
grant administration, such as financial, adminis-
trative, cost or pricing or management informa-
tion.
2. "Computer Software" as used hereil. means computer
programs, computer data bases and documentation
thereof.
3. "UNT and Federal Government Purposes" as used
herein does not include the right to use, or au-
thorize others to use, Data first produced in the
performance of this Subcontract for commercial
purposes. For this Subcontract, the definition of
"commercial purposes" is the right to reproduce,
produce or manufacture and sell the Data for prof-
it.
13.2 gjghts in Subcontractor
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Except as otherwise provided in the terms and conditions of j
this Subcontract, the Subcontr '-or shall have the right to and
may permit others to copyright, publish, disclose, disseminate
and use, in whole or in part, any Data first produced in the
performance of work under this Subcontract.
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13.3 Rights in UNT and Federal Government
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Except as otherwise provided in the terms and conditions of
this Subcontract, UNT and the Federal Government, and others
acting for the Federal Government on its behalf, shall have the
right, and are hereby granted a royalty-free, non-exclusive,
irrevocable license throughout the world to use, reproduce,
prepare derivative works, perform publicly, display publicly and
distribute to the public any Data including Data copyrighted
pursuant to paragraph 14.2 above, first produced in the perfor-
mance of work under this Subcontract for UNT and Federal Govern-
ment purposes.
Article 14 Inventions Patents and Licenses
This Subcontract shall be subject to the Patent Rights
clause at 37 CFR 401.14 (51 FR 25517, et seg., July 14, 3986 or
any subsequent amendment in effecL• as of the beginning date of
this Subcontract) and the following:
14.1 Definitiona
1. The term 'Know-How' shall mean all patentable and
unpatentable technical information, trade necrets,
devices, models, things, know-how, methods, docu-
ments, materials and all other confidential 4.nfor-
mation related to the work under this Subcontract.
2. The term 'Patent Rights" shall mean any patentable
devices, methods or procedures arising out of the
work under this Subcontract and all patents, reex-
aminations, reissues, renewals, extensions, divi-
sionals and continuations issued thereon and all
foreign counterparts thereof.
3. The term 'Licensed Product(s)" shall mean any
product which incorporates or utilized the Know-
How or the Patent Rights.
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14.2 Disclosure {
Subcontractor shall report to UNT and the Federal
Government all inventions conceived or first actually reduced to
practice in the performance of the work under this Subcontract
which shall be administered in accordance with P.L. 98-620 and 37
CFR Part 401. Subcontractor warrants that its policies require
appropriate assignment of inventions, know-how and improvements
from all persons who perform any part of the work under this
Subcontract. Disposition of title to inventions, the filing of
patent applications, disposition of patent rights and licensing
covering the manufacture, use and sale of products and processes
shall be governed by 37 CFR Part 401.
14.3 Grants of Licenses
Subcontractor hereby grants to UNT and to the Federal
Government royalty-free, non-exclusive, non-transferable, irrevo-
cable licenses to any licensed product(s) developed under the
projecc research.
Article 15. Assurances
Subcontractor agrees to exercise its best efforts to comply
with all assurances required by Federal and state laws and
regulations. Such assurances and certifications required of
Subcontractor include but are not necessarily limited to:
15.1 Nondiscrimination
Subcontractor agrees to comply with all Federal Stat-
utes relating to nondiscrimination. Theae include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L.
88.352) which prohibits discrimination on the basis of race,
color or national origin; (b) ritle IX of the Education Am-nd-
ments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. § 794) which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as amended (42
U.S.C. §5 6101.6107), which prohibits discrimination on the basis
O of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L.
92.255;, as amended, relating to nondiscrimination on the basis
of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabili':ation Act of 1970 (P.L. 91-
616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; (g) 523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as
O amended, relating to confidentiality of alcohol and drug abuse O O
patient records; (h) Title VIII of the Civil Rights Act of 1968
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(42 U.S.C. 3601 et seq.), as amended relating to
nondiscrimi-
nation in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the upecific statute(s) under
which application for Federal assistance is being made; and (j)
the requirements of any other nondiscrimination statute (s) which
may app'y to the application.
15.2 Protection of Human Subjects
Subcontractor agrees to comply with P.L. 93-348 regard-
ing the protection of human subjects, if any, involved in re-
search, development and/or related activities under this Subcon-
tract. The rights and welfare of human subjects involved in the
performance of the work under this Subcontract will be protected
in accordance with procedures specified in Subcontractors
current Institutional Assurance on file with the Office of
Protection from Research Risks, Office of the Director, National
Institutes of Health. Subcontractor further agrees to provide
certification at least annually that an appropriate institutional
Review Board has reviewed and approved the procedures which
involve human subjects in accordance with the applicable Institu-
tional Assurance.
Subcontractor agrees to bear full responsibility for the
performance of all work and services involving the use of human
subjects under this Subcontract in a proper manner and as safely
as is feasible.
15.3 Care and Treatment of Laboratory Animals
To the extent warm-blood animals are involved in the
research work hereunder, Subcontractor agrees to comply with
applicable portions of the Animal Welfare Act of 1966 (P.L. 89-
544, as amended; 7 USC 2131 et seq.) and with the applicable
Federal laws, regulations and policy statements issued by the
U.S. Department of Health and Human Subjects and/or the U.S.
Department of Agriculture, as applicable, now currently in
effect.
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15.4 Debarment. S1jspension Repayment of Federal Debt
In accordance with Executive Order 12549, as implement-
ed at 34 CFR Part 85, Sections 85.105 and 85.110, Subcontractor
certifies, by signing this Subcontract, that neither it nor its
principal(s) is presently debarred, susr,- -1, proposed for
debarment, declared ineligible or voluntarily excluded from
participation in thie transaction by any Federal department or
agency. Subcontractor further certifies, by signing this Subcon-
tract, that neither it nor its principal(s) is delinquent on the
• repayment of ary Federal debt. • 0
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15.5 Lobbying Certification
Subcontractor certifies, to the best of its knowledge
and belief, that:
1. No Federal appropriated funds have been or will be
paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence
an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of
Congrese or an employee of a Member of Congress in
connection with the awarding of any Federal con-
tract, the making of any Federal grant, the making
of any Federal loan, the entering into of any
Federal cooperative agreement, and the extension,
continuation, renewal, amendment or modification
of any Federal contract, grant, loan or coopera-
tive agreement.
2. If any funds other than Federal appropriated funds
have been paid or will be paid to any person for
influencing or attempting to influence an officer
or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection
with this Federal contract, grant, loan or cooper-
ative agreement, the undersigned shall complete
and submit Federal Standard Form-LLL, "Disclosure
Form to Report Lobbying,' in accordance with its
instructions.
15.6 Drug-Free Workplace
Subcontractor agrees to comply with all requirements of
the Drug-Free Workplace Act of 1988, as implemented at 34 CFR
Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85,
Sections 85.605 and 85.610.
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15.7 nv r nental Standards
Subcontractor agrees to comply with environmental
standards which may be pre-,cribed pursuant to the following: (a)
institution of environmental quality control measures under the
flational Fnvironmental Policy Act of 1969 (P.L. 91-190) and Ex-
ecutive Crder (EO) 11514; (b) notification of -violating facili-
ties pursuant to EO 11738; (c) protection of wetlands pursuant to
EO 11990; (d) evaluation of flood hazards in floodplains in
accordance with EO 11988; (e) assurance of project consistency
with the approved Statement management program developed under
the Coastal Zone Management Act of 1972 (16 U.S.C. 55 1451 et
seq.); (f) conformity of Federal actions to State (Clear Air)
Implementation Plans under Section 176(c) of the Clear Air Act of
1955, as a mended (42 U.S.C. 5 7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended, (P.L. 93-523); and (h) protection
of endangered species under the Endangered Species Act of 1973,
as amended, (P.L. 93-205).
15.8 Hatch Act
Subcontractor agrees to comply with the provisions of
the Hatch Act (5 U.S.C. 55 1501-1508 and 7324-7328) which limit
the political activities of employees whose principal employments
activities are funded in whole or in part with Federal funds.
15.9 Anti-Kickback Act of 1986
Subcontractor certifies, by signing this document, that
to the best of its knowledge, it has not received any money, fee,
commission, credit, gift, gratuity, things of value or compensa-
tion of any kind, provided directly or indirectly, for the
p%irposa of improperly obtaining or rewarding favorable treatment
in connection with the prime contract or in connection with this
Subcontract relating to a prime contract.
15.10 Student Unrest
No part of the funds awarded under this Subcontract
shall be used to provide the salary of or any remuneration
whatever to any individual applying for admission, attending,
employed by, teaching at or doing research at any institution of
higher education who has engaged in conduct on or after August 1,
1969, which involves the use of (or the assistance to others in
the use of) force or the threat of force of the seizure of
property under the control of an institution of higher education,
to require or prevent the availability of certain curriculum, or
to prevent the faculty, administrative officials or students in
• such institution from engaging in their duties or pursuing their
studies at such an institution.
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15.11 Officials Not t9 Her1€ft.
Subcontractor certifies, by signing this document, that
no member or delegate to Congress, or resident commissioner,
shall be admitted to any share of part of this Subcontract or to
any benefit arising from the Subcontract.
15.12 Conflict of Interest.
As required by Federal regulations (42 CFR 50, 52 CFR
94, 59 FR 33308, et al.), Subcontractor certifies that it has a
valid Conflict of Interest policy in place and has taken all
necessary actions to reduce, mitigate, and/or eliminate all
conflicts of interest by any of its personnel who will have or
will be involved in the design, conduct, or reporting of the
research governed by this Agreement.
15.13 Other Assurances
Subcontractor agrees to comply with all applicable
requirements of all other Federal laws, executive orders, regula-
tions and policies governing the activities undertaken during the
performance of this Subcontract.
15.14 Lower Tier Agreements
Subcontractor agrees to include these assurances in any
lower-tier subcontracts or assignments that it executes.
Article lb. Independent Contract+o
The parties hereto agree that Subcontractor retains the
right to control and direct the performance of all work under
this Subcontract. No provision of this Subcontract shall be
construed as making Subcontractor the employee, agent, joint
venturer or partner of UNT or of the Federal Government. Subcon-
tractor agrees that it has entered into this Subcontract and will
discharge its obligations, duties and undertakings and the work
pursuant thereto, whether requiring professional judgement or
otherwise, as an independent subcontractor without imputing
liability on the part of UNT or the Federal Government for the
acts of Subcontractor or its employees. Subcontractor shall not
have the power to contract for or otherwise bind UNT, nor shall i
Subcontractor represent to any third party that it has such
power.
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Article 17, Indemnification
SUBCONTRACTOR AGREES TO DEPEND, ASSMM THE COST OF DEFENSE,
HOLD HARMLESS, AND INDEMNIFY, TO THE EXTENT LEGALLY POSSIBLE,
UNT, ITS BOARD OF REGENTS, OFFICERS, AGENTS, AND EMPLOYEES FROM
AND AGAINST ALL LIABILITY AND EXPENSES (INCLUDING COSTS AND
ATTORNEYS' FEES) RESULTING FROM ANY INJURY (INCLUDING DEATH) TO
ANY PERSON AND FROM ANY DAMAGES TO THE PROPERTY OF OTHERS ARrSING
OUT OF THE ACTS OR OMISSIONS OF SUBCONTRACTOR'S OFFICERS, AGENTS
OR EMPLOYEES IN CONNECTION WITH THE WORX UNDER THIS AGREEMENT.
SUBCONTRACTOR SHALL TAKE ALL REASONABLE PRECAUTIONS IN THE
PERFORMANCE OF THE WORK UNDER THIS AGREEMENT TO PROTECT THE
HEALTH AND SAFETY OF ALL PERSONS AND TO MINIMIZE ALL HAZARDS TO
LIFE AND PROPERTY.
Article 18. Subcontractor Responsibility and Liability
Approval of UNT shall not constitute nor be deemed a release
of the responsibility and liability of Subcontractor, its employ-
ees, agents or associates for the accuracy and competency of
their designs, reports, information, and other documents or
services nor shall approval be deemed to be the assumption of
such responsibility by UNT for any defect, error or omission in
the documents prepared by Subcontractor, its employees, agents or
associates.
Article 19. Notices
All notices under this Subcontract given by either party to
the other shall be in writing and shall be sent by U.S. Postal
Service, Certified Mail, Return Receipt requested, postage
prepaid and addressed to the following individuals:
For UNT: Mark Elder
Assistant Vice President for Research
University of North Texas
P. 0. Box 5396, NT Station
Denton, Texas 76203-5396
• For Subcontractor:
Jim Coulter, Environmental Service Mang.
Pecan Creek Water Reclamation Plant
Denton Municipal Laboratory
1100 Mayhill Road, Denton, Texas 76208
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Article 20, Governing Law and Venue
This Subcontract shall be governed by and construed in accordance
with the laws of the State of Texas and venue shall lie in Denton
County, Texas.
Article 21 Assignment and SubcontzactinQ
This Subcontract may not be assigned in whole or in part
without the prior written permission of UNT. No portion of the
work hereunder may be subcontracted to a third party without the
prior written consent of UNT.
Article 22. Amendments
This Subcontract may be extended, renewed, or otherwise
amended at any time by the mutual written consent of the parties.
No modification of this Subcontract or waiver of the terms or
conditions hereof shall be binding upon either party hereto
unless approved in writing by an authorized representative, or
shall be effected by the acknowledgement or acceptance of pur-
chase order forms containing other or different terms and condi-
tions whether or not signed by an authorized representative of
the party.
Article 23. Captions
The captions to the various clauses of this Subcontract are
for informational purposes only and shall not alter the substance
of the terms and conditions of this Agreement.
Article 24. Entire Agreement
This Subcontract constitutes the entire agreement between
the parties and supersedes all previous agreements and under-
standings relating to the work to be performed,
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IN WITNESS WHEREOF, the parties have executed this Subcontract
as of the date of the last signature following.
CITY OF DENTON, TEXAS
BY:
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROU97Y, CITY ATTORNEY
BY: '
UNIVERSITY OF NORTH TEXAS
BY:
ILLI . DIESEL
VICE P ESIDENT FOR FINANCE
AND BUSINESS AFFAIRS
Ci\D0CS\F0W\"D65.ST0
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ATTACHI-S NT A
SCOPE OF WORK
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SCOPE OF WORK - CITY OF DENTON SUBCONTRACT/ACCOUNT NO. 72348
The City of Dentcn's responsibilities under the subcontract are
identified below by Phases of the project:
During Phase 1 of the project the City of Denton will:
+ Provide to the project in digital and/or mapped format
information regar:;ing the City's storm water drainage network,
landuse by eub-watershed, location of NPDES permit holders in
the City.
* Provide copies of current industrial user NPDES s*_ormwater
reports for the past two years.
During Phase 2 of the project the city of Denton will:
+ Identify and characterize candidate sites for pilot
monitoring studies.
During Phase 3 of the project the City of Denton will:
* The City of Denton will not participate in this Phase of
the project.
During Phase 4 of the project the City of Denton will:
* Develop an inspection questionnaire to be used to obtain
information on pretreatment, stormwater waste minimization and
pollution prevention from npdes permit holders in the City of
Denton.
During Phass 5 of the project the City of Denton will:
+ Assist UNT research team in conducting an inspection of the
selected pilot site.
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0 * Analyze stormwater samples for routine contaminants
collecting during monitoring activities at the pilot site.
1
During Phase 6 of the project the City of Denton will:
f
Assist in the development of a draft project technical !
report.
B During Phase 7 of the project the City of Denton will: • 0 !
+ Provide a technical review of the Draft Final Project
Report.
Ci\DK5\FOAMS\SCOPP. SVC
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EPA OrT9c7d: FIZ C7rT
AEft a A1113 S:Gt1Ara; PPX OF''mf Y.'',J :CIrY~ Paps 1 at t
ix'L?N AYTEA S1GNA'A=F" ApW..c OMa ws wwoe» Afvo.d. 0-11/10
ASSISTANCE ID NO.
U.S. ENVIRONMENTAL PROTECTION AGENCY CX824841-01.1 E
ASSISTANCE AMENDMENT AMENDMENT NO.
(Optional) 1
NOTE: The original Amendment with one copy must be execuled and tsturnad to the Grants Adr insuaflon Division for
Headquarters assistance awards and to the Grants AdmWstrailon Branches fee Slate and local asslaten.s swards wtthtn 3 weeks
char receipt or wtYdn any extension of tune as may be granted In writing by EPA. Except as may be otherwise provided, no cos" as
■ Iseult of the Amendment may be Incurred prior to the osscution of life Assistance Amendmani by tine parttas thereto.
Receipt of a written refus of, or failure to receive the property executed document within the proscribed time will result In the
termination of consideration of the Assistance Amendment by EPA.
GENFRat ~xFORNATION
s- AP PROPPIK ION AND ACCOUNTING DATA 11 She Name t ~°p' ~ EPro
l. rl e ro sd rgarl~iitlo BIT
umber
DESCRIPTION OF AMENDMENT runwAaT to SPA Asssm* a rlseutAnoe ad Us KT#L THE Aanva MUWKFP UNSTAxCS AOaRMa11T N Arcs DED
As FOLLOW,:
This Assistance Amertdmerlt reflects an extension of the Project and Bu~ddgpet Periods at no
addltionat cost to EPA In accordance with btie recipient's requested d3ted08/28/96,
fROM TO
Budget Period: 02JI5196 to 02/14/97 02/15/961o 12131/97
Project Period: 02/15196 to 02/14/97 0211 S/96 1o 12!31197
t '
METHOD OF PAYMENT: ACH F: 5007 EIN: 1756002149
Gran" specialist W this Project Is: ALICE THAVONGSA, Phone: (202) 260.9281
OFFICE OF WATER GRANTS ADMINISTRATION DIVISION
ADDRESS ADDRESS
• US ENVIRONMENTAL PROTECTI0N AGENCY
US ENVIRONMENTAL PROTECTION AGENCY 401 M STREET, S,W.
WASHINGTON, DC 20460 WASHINGTON, DC 20460
UNIVERSITY OF NORTH TEXAS PO BOXOO 96 PROJECTS ADMINISTRATION
• DENTON, TX 7620 -sage
Except as provided herein el! terms end conditions of the basic assistance agreement, Including prtw amandmanls, remain • •
unchanged and In fun force and effect and subject to ON applicable provW*M of 40 CFR CtApler 1, Subcheptw B.
STATE S OF GNATUREOFAWARDOPFICIAL TYPED NAME ANOT'ITLE I DATE
CHIEF, GRANTS OPERATIONS BRANCH ;30191el
k
TYPED NAME ANO III &Q RFCIPIFNI OFInANnomm-1 DATE
M fwa Frspeca trn. 1144 rn[v100a 101T10ae AN 0660LE E 22 i II
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APPROVED BUDGET
CITY OF DENTON SUBCONTRACT BUDGET
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Salaries & Wages
Principal Investigator
Jim Coulter (P.I.) $3,920/2 months $ 7,840.00
Project Manager
Bill McCullough (P.M.) $3,520/4 months $14,080.00
Total $21,920.00
Fringe Benefits
Salaries & Wages 0.36 X 21,920 $ 7,891.00
Materials & Supplies $ 11000.00
Travel (Pretreatment, Scormwater, Waste Minimization
and Pollution Prevention, Training
Conferences) $ 2,550.00
Equipment (Flow controlled-remote controlled
automatic sampling equipment) $101000.00
Subcontracts
North Central Texas Council of governments $ 7,500.00
Talem Laboratories $ 5,000.00
O
TDC $55,861.C0
Indirect Cost $ 3,947.00
0 TOTAL $59,808.00
c:\eecs\ecnxs\sascra.ew
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Agenda No r~
Agenda Ite 1
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Date_
CITY COUNCIL REPORT
TO: MAYOR AND Af EMBERS OF THE CITY COUNCIL
FROM: R. E. Nelson, Executive Director of Utilities
DATE: June 3, 1997
SUBJECT: APPROVAL OF AGENCY AGREEMENT ALLOWING ELECTRIC
RELIABILITY COUNCIL OF TEXAS TO INCLUDE DENTON
MUNICIPAL ELECTRIC UTILITY IN U.NIRRELLA AGREEMENT FOR
PLANNED AND UNPLANNED TRANSIMISSION SERVICE
RECOMMENDATION:
Approval of the attached Agency Agreement.
SUMMARY:
PURA 95 requires all utilities in Texas to make their transmission system available for use
as part of statewide transmission system. The Public Utility Commission of Texas (DUCT)
adopted rules which implement this requirement. Those rules require all transmission
owners to have tariff agrecnients with each entity vsho makes use of their transmission
system. The effect of this requirement, coupled with the structure of the statewide
transmission system create I by the PL'CT, would be for Denton to have to sign two tariff
agreements v, ith every electric utility in Texas.
In order to avoid a tremendous amount of paper work for all the utilities In Texas, the
Electric Reliability Council of Texas (ERCOT) has developed an Umbrella Agreement for
Planned and Unplanned Transmission Senice. Approval of the attached Agency
Agreement will a11pw ERCOT, as Denton's agent, to list Denton as a participant in the
• Umbrella Agreement.
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PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Electric Utility Department
0 FISCAL IMPACT: 0
Improved efficiency resulting from avoidance of need to issue, review and approve
approximately 60 separate agreements.
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Please advise if 1 can provide additional information.
RESPECTFULLY Si 1'-HTTED:
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E. Nelson, Executive Director
Department of Utilities
Prepared by:
haren plays, Director
Electric Utilities
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C,\COCS\RE5~EACDTAES
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE ELECTRIC
RELIABILITY COUNCIL OF TEXAS, INC. ("ERGOT") APPOINTING ERCOT AS
THE AGENT OF THE CITY OF DENTON FOR THE PURPOSE OF EXECUTING
CERTAIN UMBRELLA AGREEMENTS PERTAINING TO ELECTRIC TRANSMISSION
SERVICE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Public Utility Regulatory Act of 1995 ("PURA")
required all electric utilities in the State of Texas to make their
transmission system available for use as part of a statewide
transmission system; and the Public Utilities Commission of Texas
("PUC") thereafter adopted rules which implement this requirement,
Which rules require owners of electric transmission facilities to
have tariff agreements with each entity which makes use of their
transmission system; and
WHEREAS, the practical effect of this requirement, coupled with
the structure of the statewide transmission system created by the
PUC, would result in Denton having to sign two tariff agreements
with every electric utility in Texas, consisting of one tariff
agreement for planned and unplanned transmission service, and one
tariff agreement for unplanned transmission service; and
WHEREAS, in order to avoid voluminous amounts of paperwork for
all electric utilities in Texas, ERCOT has developed umbrella
agreements for both planned and unplanned transmission service and
unplanned transmission service. Denton is a member of ERCOT.
ERCOT is willing to serve as the lawful agent of its member
electric utilities for the sole purpose of executing uniform
agreements for planned and unplanned transmission service and for
unplanned transmission service, at no cost to its member electric
utilities; and
WHEREAS, Denton's approval of the attached Agency Agreement,
will permit ERGOT, as Denton's agent, to list Denton as a partici-
pant in the umbrella agreements; and as a result, will relieve
Denton's Municipal Electric Utility from a considerable amount of
paperwork which would otherwise be needed to comply with PURA; and
WHEREAS, the appointment of ERCOT as Denton's agent as
referenced hereinabove will result in improved efficiency of the
administration of Denton's municipal electric utility, and
® accordingly, is in the best interest of Denton; NOW THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council authorizes and directs the
Mayor to execute an Agency Agreement with the Electric Reliability
Council of Texas, Inc., appointing ERCOT as Denton's agent for the
purpose of listing Denton as a participant in certain umbrella
agreements for planned and unplanned transmission service and for
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unplanned transmission service. A copy of said Agency Agreement is
attached hereto and incorporated by reference herein.
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
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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,~,A~~GEENCY AGREI MYM
Agreement naRfde'o"entono, f ed affective this day of ,
'7ransmissinn Owning
1997, by and between "'a
UUUty) and the Electric Reliebi 'ty Council of Tatas, Inc. CT-RCOTI (together bereinaRer
referred to as the "Pales")-
WHEREAS, in the interest of proruotiag the efficient and economically viable use of the
ERGOT transmission grid, the Parties agree that it is desirable to develop a means of
atramliaing the administrative aspects of aansacting business within the ERCOT transmission
grin including, without limitation, obviatigg the need for a c'tawiaaion customs to execute
tariff egreemeats with each Trsatmiusion-Owning Utility involved in a planned of unplanned
trmsacdon; and
WHEREAS, an Umbrella Agreement for Planned and Unplanned Transmission Soviet
and an Umbrella Agreement for Unplanned Transmission Service have been traded and we
attached hereto as Exhibit A and Exhibit B. respectirrly (together hervinatter referred to as the
"Umbrella Agreements");
NOW, THEREFORE, in comideuetion of the mutual pmmises contained herein, the
Parties agree as Ibllows:
1. The Traamnission Owning Utility hereby constitutes sad appoints ERGOT as the
true and lawful agent for the Traamission-Owning Utility far the sole purpose of ERCOT's
execution and termination of the Umbrella Agreements as specifically act forth Irk the firms
attached barite as Exhibit A and Exhibit B.
2. ERCOT is only authorized by the Transmission-Owning Utility to invents and
terminate the Umbrella Agmanetus in its representative capacity on behalf of the Trummiasien-
Owning Utility, in accordance with the provisions of this Agmcy Agreement. ERGOT shall
have no other authority in its represeMative capacity as agent for the TtmsmiWon-Owning
Utility, other than the authority to execute and terminate the Umbrella Agrerm outs as specifically
delinated in this Agency Agreement The authority to execute and terminate Umbrella
Agreements as delineated in the Agency Agreement does not include the auhority to
communicate, negotiate or vary the ternv end conditions of service to be provided under the
Umbrella Agreements as set forth in Exhibit A end Exhibit B. The Transmission-Owning Utility
• and ERCOT expressly stcimow•ledge that ERCOT has no authority as agent to waive the rights of
the Trawniissioa-Owning Utility to challenge in court die validity of Substantive Rules 23.67
and 23.70 or their application to any traametion invoking the Transmission-Own(ng Utility.
3. Prior to executing an Umbrella Agreement on behalf of the Transmission-Owning
Utility, ERCOT will consult with the Transmission-Owning Utility and obtain its eomeat to such
• execution. Any Umbrella Agreement executed by ERCOT without pr'or consultation with and j~ O e2
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consent of the Transmission-Owning Utility shall not be binding upon the Transmission-Owning
Utility. At least five (5) business days prior to execution by ERCOT of an Umbrella Agreement
on behalf of the Ttms i`sion-Owning Utility, ERCOT shall forward a copy of such Umbrella
Agreement to the Transmission-r'wning Utility via e-mail or facsimile Each Transmission-
Owning Utility shall keep ERCOT informed of the contact person so designated to receive this
notifl ation. If the Transmission-Owning Utility does not reject the Umbrella Agreement within
the five (5) business days, the Transmission-Owning Utility shall be deemed tD have consented
to the agreement
4. ERCOT shall deliver to the Transmission-Owning Utility in a timely wan= a
copy of any correspondence or other document received by ERCOT that is related to any
Umbrella Agreement, including information provided in aceordetnee with Substantive Rule
23.70(e) which results in approved t-easmission service, executed by ERCOT as agent for the
Transmission-Owning Utility.
S. ERCOT shall not have the authority to initiate the termination of services
provided pursuant to validly executed Umbrella Agreement. Termination of services under an
Umbrella Agreement must be initiated by written notification by a Transmission Customer or
Transmission-Owning Utility.
6. Within twenty-four (24) hours after receipt by ERCOT of any written notification
by a transrnissioa customer req;Lesting termination of services provided under an Umbrella
Agreement executed by ERCOT as agent for the Transmission-Owning Utility, ERCOT shall
deliver a copy of such written notification to the Transmission-Owning Utility.
7. Within twenty-four (24) hours after race4)t of written instructions kam the
Transin ion-O~wni tg Utility to terminate one or mote of the Umbrella Agreements, ERCOT
will, on behalf of the Transmission-Owning Utility, give to the applicable transmission
customer(s) the written notice required under the Umbrella Agreement to terminate same.
ERCOT will promptly provide a copy of such termination notice to the Transmission-Owning
Utility.
S. ERCOT shall maintain orderly files of all Umbrella Agreements executed by
ERCOT as agent for the Transmission-Owning Utility, togatltec with all correspondence and
other documents related to the executed Umbrella Agreements, at ERCOT's central offices.
® 9. ERCOT shall not receive a fee or payment of any 16nd from the Transmission-
Owning Uti lity for ERCOT's perfomtancc !n accordance with this Agrc=eot
10. The Transmission-Ovming Utility my at any time terminate ERCOT's authority
as agent for the Transmission-Owning Utility tinder this Agreement by sending written notice of
the termination of authority to ERCOT. Effective upon re,:eipt of such notification of
• tcmArmtion by ERCOT, ERCOT (a) shaU no longer be authorized to act in any t.presentative p p
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capacity for the terminating Traosmiuion-0wning Utility, and (b) shall, before executing any
other Umbrella AgreemenL% remove the name of the tamirtatinS Tr&ramis6oaOwning Utility
from the Schedule A attached to the respective Umbrella Agreements and add the name of the
terminating Transmission-0wning Utilities to the Schedule B attached to the respective Umbrella
Agrecromts. Tcrmbu ion by the Transmission-Owulq Utility shall not aA'oct any agewy
relationship existing b*wwa ERC'OT And any other ttarrsmissionowning utilities.
11. This Agroemant sball be construed and intetpretod under, and governed and
enforced in socoedance with, the laws of the Sum of Tense.
The Parties have caused this Agrmnent to be exeetrted as of the date set forth above.
City of Denton, Texas ELWMCRELL!~ HM COUNCIL OF
Mun c pal E ectric Utility TEYAS,INC.
By: By.
Jack Miller
ydecd w ppeq Q+w p~ ~ 9'Nd1
Title: Mayor Title:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY LR 4=~
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03/13!97 1701 88173837331 UTILITIES ® 007/011
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03/15/97 17:04 128173SJ7334 UTILITIES 2009/014
UMRET.T.A. AGREEMENT'
FOR
pLANNED AND UNPLANNED TRANSMSiON SERVICE
This Agreement is made, entered into, and effective this _ day of
149by and between C~Ctletomcn ad Electric
Reliability Council of Texas, Inc. CTRCOTl, as agent for the traasmission-cwning utilities
listed on Schedule A.
WHEREAS, Customer wants to participate in planned and unplanned tsarumissioa
service ti actions pursuant to Substantive Rules 23.67 and 23.70 promulgated by the Public
Utility Commission of Texas; and
WHEREAS, pursuant to the Substantive Rules promulgated by the Public Utility
Commission of Texas, the U=smission-owning utilities are required to have on file toriffii for
planned and utlplaoned transmission service; and
WHEREAS, in the interest ofpromtnting the efficient end economically viable use of the
ERCOT transmission SrA the parties agree that it is desirabt: to develop a means of
sueamlining the administrative aspect of transactk3 business within the ERCOT rra=nlpu+n
grid, including, without limitation, obviating the naod to execute tariff agreements with eacb
tttaumissioo-owning utility involved is a trmunission service transaction, prorvidad, however,
that Customer is not obligated to execute this Agreement, but may, in its discttwion, sleet inatead
to execute individual transmission service tariff agreements with the trw miuioo-own
ut1des; and provided further, however, that Customer sad ERCOT aclmowledge that ERCOT
has no authority as agent to waive the rights of any transmission-owning utility to challenge in
court the validity of Substantive Rules 23.67 and 23.70, or their application to any trmseetioa
involving such utility and Customer and that a trenstttissioq awrlirtg utility that agrws to the
execution of this Agreement by ERCOT on it behalf expressly reserves such rightsi
NOW THEREFORE, in consideration of the mutual promise contained herein, the
parties agree is follows:
1. (a) The trw=issioo-owning utilities whose tariffs are listed is Schedule A
have agreed and the Customer agrees that execution of this Agreement shall constitute execution
by Customer of all applicable planned and unplanned transmission service tariff agreements
(including applicable rate schedules and tams and conditions). The tariffs included in Schedule
A (in its current form, or as it may be revised from time to time) are incorporated herein by
reference for all purposes. It is understood and agreed that the terms and conditions of such
tariffs are subject to change from time to time, with the approval of regulatory authorities having
8 jurisdiction thereof, and such changes shall automatically become applicable to Customer based
upon the effective date of the Vproved change. 7be transmission-"Ting utilities listed on 0
Schedule A will provide planned and unplanned transudsaion service to Customer and Customer
will take such service in accordance with such tariffs. Customer understands and agrees that
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OS/15197 17:04 88173607534 UTILITIES ri009/014
ERCOT is executing this Agreement only in its representative capacity as the agent for the
transmission-owning utilities listed in Schedule A, with only the authority to execute this
Agreement on their behalf and with no authority to communicate, negotiate or vary the terms and
conditions of service to be provided under this Agreement. By executing this Agreement,
ERCOT is not obligating itself to provide any service to Customer sad does not ustane any
obligation or liability in connection with any service provided to Customer by any transmission-
owning utility.
(b) It will be necessary for customer to mace arrangements directly with those
traastalssicn-owningq utilities whose taritTs are 14ed in Schedule B (in its current form, or as it
may be revised from time to time).
2. C`.rstomer agrees to pay to the transmissiote-owning utilities listed on Schedule A
the facilities charges forptanned transmission aervice owed to such troasm1b" oaowning utilities
in accordance with the pricing acrd psymeat methodologies and tariffs approved by the Public
Utility Commission of Texas for planned transmission service. Customer acknowledges that the
p:snned transmission service facilities charge pricing and payment methodologies arc subject to
judicial challenge and specs that, if it is determined nrbsequemt to the date hemof that the
pricing or payment methodologies are invalid, Customer's obligations to pay abaft be in
accordance with a final judicial decision or sctlememt.
3. Customer agrees to comply with all applicable ERCOT Guides, including,
without limitation, the Operating Guides. It is understood and agreed that such Guides are
subject to change from time to tiwc, and such changes shall automatically become applicable to
Customer based upon the effective dam of the approved change.
4. Customer agrees to pay the heasmission-0waing utilities Usted on Schedule A for
losses associated with ea- -h transaction under this Agreement, which [uses shall be calculated
and paid in accordance with ERCOT loss accounting methodology. L%gomcr acknowledges that
the ERCOT loss accounting methodology is subjxt to judicial challenge and egress that, if it is
determined subsequent to the date hereof that the 1EtCOT loss accounting methodology is
invalid, Customer's obligations to pay shall be in eccordame with a final judicial decision ot.
settlement.
5. The Customer's trailing address, b0ling address (if diff=t 8vm the marling
address). telephone number, facsimile number, and the tome of an authorized representative of
the Customer are listed on SchedulcC. Customer will promptly notify the ERC'OT ISO, in
writing, of any changes to the information listed on Schedule C.
6. It is twdeastood and sgreod that the initiation and continuation of transmission
service under this Agreement is subject to:
• (a) the requirements in Substantive Rule 23.70 (e) for the initiation of service, • O
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05/15/97 17:03 03173337331 o UTIES ®0101014
(b) exem,600L and Conti I'ation of agreements with'PPFOPr'ue 8"ce Provider for
any distribution level wholesale tran~nission service necessary for the transaction,
and
(c) say credit reviews and related requirements required by a transmission-owning
utility listed on Schedule A in accordance with Substantive Rule 23.70(m).
7. This Agreement does not atinend, supersede, modify, affect or terminm say other
agreement between the Customer and any of the mosmiaaion-owning utilities listed On Schedule
A, unless otberwise expressly rgreed Lo writing by the Customer and the trmsmission-owaing
utw".
8. This Agreweat shall continue in effect until eersuinoW by tither party. Such
termination Shalt be effected by providing written notice to the other party At Least ninety (90?
days in advance of the date of termination However, obl4dioru to make payments when die,
a wa as my other obllgatiom that by their name r uvive termisadm4 shall aavive termbo6on
of this Agreement Taminatioo of this l gaemant by a Mwsmia(oo-ownlnj utility listed on
SdwdWe A will only ooastitute termination IS to dust rerminuiag utt7ity and the ASMeMMA will
remain in effect as to the remaining hansmissionowning utilities listed on Sduxl rla A.
Termination of Us Agreement shall Dot limit, as, affect, of terminate gory applieabie tariff or
otbar agreement in any way.
9. Nothing in tui,s Agreement sbail affect the tight of eitltar the Customer or the
Tnasmission-0s~7ing Utilities listed in Schedule A to seek revolution of soy d*ue that arises
over the provision of twumission services, or the pricing or other to a or conditions of
transmission service, Calder the provisions of Substantive Rule 23.67 (s).
The parties have caused this Agteemtmt to be executed as of the date set forth above.
CUSTOMER ELECTRIC RELIABILM COUNCi. OF
TEXAS, INC.
Mrs prmd a ppiJ)
By: By: _
or..+ v„wd a 9th) 0bW Pia w or "W)
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Title- Title!
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O6/IS/0T 1T:oS Qal7aestaal UrILIYIE9 ®011/011
FJC= T B
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03/18/97 17:0$ 08173837334 UTILITIES ®012/014
umRELLA AGREEMENT
FOR
UNPLANNED TRANSMISSION SERVICE
This Agtemaul is made, enured into, and effective this _ day of
199_,, by and between Customdn and Electric
Reliability Council of Texas, Inc. ERGOT?, as agens for the tranamission-owning utilities
Used on Schedule A.
WFMRPAS, Customer wants to P816 ipate in unplanned traat"lation savla
M sactiotss pursuant to Substantive Rules 23.67 and 23.70 promulgated by the Public Utility
Commission of Texas; and
WHEREAS, pursuant to the Substantive Rules promulgated by the Public Utility
Comasisaioo of Texas, the Mtrustaission-awning utilities are squired to have on file tariffs for
unplarmed transmission smite; and
WHEREAS, in the Inta w of promoting the efficient and economically viable use of the
ERCOT traasmlssiott grid, the parties agree that it is desirable to develop a means of
aQesmlining the administra&4 aspects of transacting business within the ERCOT transmission
grid, including, without Iim;tattoa6 obviativg the need to execute tariff agreements with each
traauaission-owning utility involved in a transmission cer%ice transaction; provided, however.
the Cuatotzer is not obligated :o exoaute this Agreement, but may, in its disaetion. elect instead
to execute individual trmumd aion service tariff aptements with the tramftireion-owntng
tuiiidta; and provided further. however, that Customr and ERCOT seimowledge that ERCOT
has no authority as agent to waive the rights of any traasmissioo-owning utility to ebaileage is
court the validity of Substantive Rules 23.67 and 23.70, of their application to any transaction
involving sueb utility and Customer and that a transmission-owning utility that agrees to the
execution of this Agrearrlant by ERCOT on its behalf agrressly reserves such rights;
NOW, THEREFORE, in consideration of the mutual promises contained basin, the
parties agree as follows:
I. (a) The transmissian-owaing utilities whose tariffs art; listed in Schedule A
® :,ave agreed Lac' the Customer agrees slur execution of this Agreement shall constitute execution
by Customer of all applicable unplanned transmission service tariff agreemew (including
applicable rate scheiules and terms and conditions). The tariff's included in schedule A (in its
current form, or as it guy be revised from time to time) are Incorporated herein by reference for
all purposes. It is understood and agreed that the terms and conditions of such tariffs are subject
to change Gem time to time, v0h the approval of regularory authorities having jurisdiction
thereof; and such changes shall automatically become applicable to Customer based upon the
8 l effective date of the approved change, The transmimiou-owning utilities listed on Schedule A t>t 0
will provide unplanned atrumissioa service to Customer and Customer will take sucb service in
accordance with sub twiffs. Customer understands and agrees that ERCOT is executing this
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03/15/97 17:06 !'18173837703 L71LITIES X 013/013
Agreement only in its representative capacity as the agent for the trattsmission-owning utilities
listed in Schedule A, with only the authority to execute this Agreement on their behalf and with
no authority to communicate, rnotiate or vary the terns and c9rAtions of service to be provided
under this Agreement. By executing this Agreement, ERCOT is not obligating itself to provide
any service to Customer and does not assume any obligation or liability in eorurection with any
service provided to Customer by any transmission-owning utility.
(b) It will be necessary for customer to make arrangements directly with those
traaslnMon-ow niag utilities whose tariffs are listed in Schedule B (in its current form, or as it
may be revised from time to tittle).
2. Customer agrees to comply Mth all applicable ERCOT Guidea, including,
without limitation, the Operating Guides. It is understood and agreed that such Guides ate
subject to change from time to time, and such changes shall atltomacically become applicable to
C%rstomar based upon the effective date of the approved change.
3. Customs agrees to pay the ttansmiWon-owning utilities listed on Schedule A for
losses associated with eu:h ttattsaction under this Agreement, which looses shall be calculatad
end paid in asccordamce with ERCOT loss accounting methodology. Customer acknowledges that
the ERCOT loss accounting methodology is subject to judicial challenge and agrees that, if it is
determined subsequent to the date hereof that the ERCOT loss ac^L=nting methodology is
invalid. Customer's obligations to pay shall be itt accordance with a final judicial decision or
settlement.
4. The Customer's mailing add-us, billing address (if different from the Mailing
address). telephone number, facsimile number, and the dame of an authorized representative of
the Customer are listed on Schodnle C. Customer will promptly notify the ERCOT ISO, in
writing, of any changes to the information. listed on Schedule C.
5. It is understood &M agreed that the initiation and continuation of transmission
service under this Agreement is subject to:
(a) the requitemews in Substantive Rule 23.70 (e) for the initiation of service,
(b) execution and continuation of agreements with appropriate service providers for
any distribution level %Aolesale transmission service nectssary for the tteatsaction,
@ end
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(c) any credit reviews and related requirements required by a transmission-owning
utility listed on. Schedule A in accordance with Substantive Rule 23.70(m).
6. This Agreement does not amend, supersede, modi y, affect or ter Wwc aay other
@ agreement lxtwten the Customer and any of the transmission-ownu 3 utilities listed on Schedule •
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05/15/07 17:07 06173607331 IIt1LITIES Q014/011
A, unless otherwix expressly agced in writing by the Customer and the tran=ission-ci n
utility.
7. This Agreement shall continue in effect until terminAM by either parry. Such
termination shall be effected by providing written notice to the other party at least thirty (30)
days in advance of the dete of termination. However, obligations to make payments when due,
as well u any other obligations that by their nature survive termination, shall wrAve termination
of this Agreement Termination of this Agreement by a trrosmis6iM--owning utility listed on
Schedule A will only constitute terminatioa as to that terminating utility and the Agreement will
remain ir. effect as to the remaining munission-owning utilities listed on Schedule A.
TamWition of this Agreement sball not limit, aitar, affect, or terminate say applicable wiff or
other agreement in any way.
g. Nothing is this Agtsemett shall affect the right of either the Customer o: the
Transmissloo-Owning Utilities listed in Schedule A to seek resolution of any dispute that arises
ova the provision of transntissioo service, or the pricing or other tams or conditiow of
transmission service, under the provisions of Substantive Rule 23.67 (sj
The parties have caused this Agreement to be executed as of the date set forth above.
CUSTOM ER EUCTRIC RELIABIIM COUNCIL. Of
TEXAS, INC.
tNaoe w~ or om0
By. By;
(Kane WWW m "adn (I4w pMrd s WPW
Title: Title: R
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Agenda No._._ 'i!~
Agenda Ite
CITY COUNCIL REPORT
Date_
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: June 3, 1997
SUBJECT, Apprm al of a resolution authorizing the City Manager to sign and submit the City
of Denton's 1997 Action Plan for Housing and Community Development to the
U.S. Department of Housing and Urban Development.
RECOMMENDATION:
Community Development Advisory Committee recommends approval of the City of DentoWs
1997 Action Plan.
SUMMARY:
This resolution adopts the City of Denton s 1997 Action Plan for Housing and Community
Development. The Action Plan is the City of Denton application for Community Development
BILKk Grant and 1101ME Partnership Investment Program fords. Total funding available for
1997 is $1,720,90" and includes the 1997 grant allocation. grogram income and unprogrammed
funds from 1996. Regulations require that the Action Plan be submitted on or before June 15.
Therefore, Council must take action at the June 3 meeting, Amendments to the Action Plan may
be considered at any time.
BACKS+RQUND:
At the May 13, 1997 council meeting, council members received a report on the City of Denton's
1997 Action Plan for housing and community development. Council members proposed
revisions to 1997-'98 human services funding. The updated 1997 Action Plan includes the
revisions requested by council. These revisions are reflected in the attached list of Action Plan
activities and the proposed human services budget,
1 PROGRAMS. DEPARTMENT OR GROUPS r FFECTED:
Implementation of the 1997 Acti m Plan Hill affect neighborhoods, households and individuals
benefitting from the expenditure of CDBG and/or HOME funding. It Hill also affect those
organizations who must plan and carry out projects~programs. Some of those organizations are r
listed belmv.
Community Development Advisory Committee
Neighborhood Organizations
9 Social Service Agencies 0 ty
Home Owners and Buyers
J L. !nton Affordable Housing Corporation
Fairhaven Retirement Center
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Community Development Office kk
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City Council Report
Page - 2
FISCAL IMPACT:
All activities included in the 1997 Action PIan will be funded through programs administered by
the U.S. Department of Housing and Urban Development and local program income. All
Community Develcpment staff positions are funded with CDBG and HOME dollars. `
Please advise if I can provide additional information,
RESPECTFULLY SUBMITTED:
Rick Svehla, Deputy City Manager
Prepared by:
~,A ~ -
Barbara L. Ross
Community Development Administrator
Approved by:
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Ds id M. Hill, AICP, ASL
Director of Planning and Development
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• Attachments: @
L List of activities included in the 1997 Action Plan for Housing and Community
Development
2. Proposed 1997-'98 Human Services Budget
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1997 Action Plan for Housing & Community Development
1997 PROJECTS/ACTIVITIES
CDBG AND 1110'ME FUND
The City of D^_nton's totat . n• or 1997 is 61,720,907. Program funds have been allocated to an array of
projects and activities to t ..v and moderate income households. Each project is described in detail from
pages 9 to 23 and are arm.ig.., , y project number. See the following list of CDBG and HOME proposed proj.-cis
and activities for their assigned project and page number;
I' sleet 4 Project/Activit) Name Amount Page
18 Adult Day Care of North Texas (Services) 12,000 18
1 Adult Day Care of North Texas (Rehabilitation Project) 10.500 9
14 AIDS Services of North Texas 15,000 16
19 Boys & Girls Club of Denton County 7,600 18
2 Bradshaw St. Culvert Drainage Project 160,000 9
15 Camp Summit 8,000 16
3 Community Development Administration . 293,480 10
4 Denton Affordable Housing Corp. - Administration 22,450 11
5 Demon Affordable Housing Corp. - AHOP 82,832 11
20 DISD - Teens Taking Responsibility in Parenting Skills (TTRIPS).. 10,000 19
6 Er•.,ergency Repair Program 50,000 12
7 Fairhaven Retirement Home - Rental Subsidies 14.544 12
8 Horrebuyers Assistance Program 241.832 13
16 1IOPE-Transitional Housing 25,000 17
9 Homeowner Rehabilitation Program 391,318 13
17 Interfaith Ministries 10,000 17
21 Juvenile Diversionary Services 11,000 19
10 Lake), St. Paving/Drainage Project - Phase 2 126,651 14
1 I Optional Reconstruction Program 97,332 14
22 PARD: King's Kids Summer Program 25,000 20
23 PARD: Owlsey Summer Program 16,800 20
26 Riding Unlimited 3,000 22
a 12 SPAN - Curb Cuts/Ramps Project 13,811 15 i
24 SPAN- Fairhaven Homemaker Services 11.000 21 i f
27 Special Olympics of Denton 9,257 22
13 JWUCARES - DentalClinicRenovation 30,000 1s
25 TAVU CARES - Health Services 20,000 21
TOTAL FUNDS ALLOCATED 1,718,407 0 O
LESS: 1997 FUNDING AVAILABLE....... . . . : . . . . . 1,720,907 23 1
33 UNPROGRANINIE•D FUNDS (2,500)
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Proposed 1997 Human Services Budget
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1997 1997 Proposed Budget
Agency 1993 1994 1995 1 1991 General Fun
Y
North Texass a 12000 20000 ;i
k
Adult IDS Serv+ceaseof of
p r a+ 15'000
e
A
Ann's Havan VNA 1 9,942
Boys d Girls Clubs of Denton County _t 11'1DO
Camp Fire First Texas Council _ 3,300
Camp Summit 1000
Co,nmunityFcodCenter 3,200 3,500 J 3,500 3,500 3500 3,500
Denton Christian Preschool 1 2,000
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Denton Crty-0o Dey School 15,000 21,000 21,000 121,000 -..23,0W 23,000
t - - - -
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Denton Co Cooperative-Ministries 14,500 7,000
Denton Co. Children's Advocacy Center 1 t 20,000 - 10,000
i i
Denton Co. Friends of the Family 33,1100 33,000 36 000 40,1160 45,000 40,000
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Denton Family Resource Center ! 20,000 5,000
DISD TTRIPS 20,600 6.D00 10,000 16000 20,0170
Family Health Care Inc _ t ' 45 Dl
Fred Moore Da Nursery School 28 Q~Owo 35,DW 35,000 35,000 ?7,ODO 37,000
HOPE, Inc (30-90 Program) 5,000 5000 5,000 50W 5,000 5,000
HOPE, Inc. (Trans Housing) 10000, ; . ; 25 D00
s 15000
Interfaith Ministries of Denton, inc. 7,500 '
Juvenile Diversionary Services of Denton, Inc. j 21,000
Kids Unlimited _ , _ _..5,115 y
Library 0 ai
MHMR
North Texas Education 8 Training 14300
North Texas Education R Training 3,568
N.T. Challenge Program, UNT I 15,Dt10
r ...5,258_.
Parks (Altemalive Avenues Program)
Parks (Kings Kids Day Kamp) 37,990
29254
Parks (Owstey Summer Playground Program) x[ 7
Effm6m
Parks (Rivera 1 MLK ASAS) " -
Riling Untimiled : 3,300 _
RSVP 7,500. 7500..: 7,600 7.800.. 8,200 8,200..
SPAN 26,000 26,000 2601)0 26,000 25900 26,000
SPAN (Fairhaven Homemaker Services) 20000
r
Special Olympics, Denton Dynamos 15, D00 743
Starting Over 35,0W
TWU CARES Health Center.`'' ' 21000
United Way (Owsle Services) 1 7,E00
0 United Way (Owsley Serous) G >~N
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1997 TOTAL REQUESTED 111.117
MACAW
CD8($ (Shaded} e S c k o
GENERALFUND 548,300 45/,000 1156100 113881 4-
TOTAL FUNDED $248,300 {$306.000 '1$321,100 $349,168 $349,100
' Specla I In structJons R"'t,e°. 0511347
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E:\WPDCC5\&F.S\PL.M CD
RESOLUTION NO.
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT A 1997 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOP-
MENT WITH APPROPr:'ATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY
THE HOUSING AND CLMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND
THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is concerned with the
development of viable urban communities, including decent housing,
a suitable living environment and expanded economic opportunities;
and
WHEREAS, the City of Denton, Texas, has a special concern for
persons of low and moderate income; and
WHEREAS, the City of Denton, Texas, as a CDBG entitlement City
and a Home participating jurisdiction, has prepared, through a
citizen participation process, a program for utilizing its
entitlement funds and program income in the approximate amount of
$1,720,907; and
WHEREAS, citizen participation requirements, including the
holding of public hearings, have been met; and
WHEREAS, the Community Development Act of 1974 and the National
Affordable Housing Act of 1990 require an application and appropri-
ate certifications included in the Consolidated Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council of the City of Denton, Texas,
authorizes the City Manager to sign and submit to the Department of
• Housing and Urban Development an Action Plan and appropriate
certifications for entitlement funds under the Housing and
Community Development Act of 1974, as amended and the National
Affordable Housing Act of 1990, as amended. i
SECTION II. That the City Council of the City of Denton,
Texas, authorizes the Director of Planning and Development to
A handle all fiscal and administrative matters related to the
application, the Consolidated Plan and the certifications. f~ A O
SECTION III. That the City Secretary is hereby authorized to
furnish copies of this resolution to all interested parties.
SECTION IV. That this resolution shall become effective
immediately upon its passage and approval.
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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:
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Agenda No. 7'QoL
Agenda Ite
Date _
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CITY OFDENTON, TEXAS MUNVPAL BUILD1Nd DENTON, TEXAS 76201 P TELEPHONE 817.566.8309
Office of the City Secretary
MEMORANDUM
DATE: May 29, 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 - Council Member Beasley has nominated
Geri Aschenbrenner.
Planning and Zoning commission - Mayor Pro Tem Brock has nominated
Jim Englebrecht.
Keep Denton Beautiful Board - Gayla Robles has resigned. This is
a nomination for Mayor Pro Tem Brock.
If you require any further information, please let me know.
~ I
J n fee alters
y Sec tary
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ACCOOOF4
'Dedicated to Quality Service"
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MAY-20-1997 06:32 CITY OF DENTON PL" ING P.02i02
Gayla Wilkinson Robles
1823 North Sell Avenue
Denton, Texas 76201
May 14,1997
Keep Denton Beautiful Board of Directors
Cecile Carson, KDB Coordinator
P.O, Box 374
I)2:.ton. T.Y. 76202
Regretfully, I resign my position as director on the board cf Keep Denton Beautlful. Recent develop- '
ments in my personal and professional life are such that 1 can no longer devote the time necessary t0 '
fulfill the duties as a member of the board.
I support the mission of Keep Denton Beautiful, and respect the goals of the organization and the .
work of all board members and volunteers. It has been an honor to be associated with such a
worthy organization and its impressive group of members who guide its activities and programs. I
will continue to assist, whenever possible,in the endeavors to maintain and improve the beauty
of our city.
Sincerely,
lfR M
a la bles
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Agenda No.
Agenda Item
® Date -
CITY CITY OF DENTON, TEXAS ___MUMCppAL-SVIDJQa2l5f. McKWy Y.OENTON TX 7620E
r940) 349.8200 DFw METRO (972) 434.2529 I
MEMORANDUM
DATE: June 3, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: DELINQUENT TAX COLLECTION ATTORNEY RFP's
The City's current contract with McCreary, Veselka, Bragg & Allen, P.C. and Hayes, Coffey
and Berry, P.C. to collect delinquent ad valorem taxes will expire June 30, 1997. Typically,
when the delinquent tax collection attorney contract expires, it is standard procedure to request
new bids for delinquent tax collection services. In keeping with past practices, this year the City
made requests for proposals and five law firms responded. They are listed below.
I. Blair, Goggan, Sampson & Meeks and Mike Gregory
2. McCreary, Veselka, Bragg & Allen, P.C. and Hayes, Coffee and Berry, P.C.
3. Nichols, Jackson, Dillard, Roger & Smith, L.L.P.
4. Perdue, Brandon, Fielder, Collins & Mott, L.L.P.
5. Sawko & Burroughs, L.L.P.
Each proposal has been reviewed and a succinct description of each law firm is included under
the City Attorney's Status report. For your review, I have attached a copy of the RFSP that was h
sent to various tax collection law firms. Also, o copy of each proposal is located in my office
in the Finance Department and the City Secretary's office for your review.
• All respondents except the Nichols, Jackson, Dillard, Hager & Smith firm, whose response to
the City's RFSP did not meet minimum requirements, will make a brief 10 minute presentation
regarding their firm's services at the June 3 City Council meeting. Final selection of a firm is
scheduled for June 10, and contract approval is scheduled for June 17.
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• If I may be of any t.ssistance, please advise. Thank you. •
AD 11h
AFF014As
Aluhmrni,
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"Dedlcaled to Quality Sen ice"
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CITY of DENTON, TEXAS MUNICIPAL BUILDI VG 215 E McKINNEY DkNTON TEXAS,-,:-,:
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(8171666.5200. OFW METRO 43
April 15, 1997
REF: RFSP #:032 - DELINQUENT TAN COLLECTION SERVICE
The City of Geaton, Texas will receive sealed proposals consisting of 3 copies until 2:00 p.m..
\La-*11997 for Delinquent TaN fbllection Service.
This request for proposal is not a bid and will not be opened publicly.- The proposals ,eiil be
received by the Purchasing Agent and no part of this request for proposal will be made public
except as required by State Statute after award.
The City of Denton staff and City Council will review and c4uate the proposals. Selection will
be made by this process as stated funhe- :n this request for proposal.
All information, clarifications, or changes in content or instructions of this request for proposals
must be submitted in writing to the Purchasing Agent at 901-B Texas Street, Denton. Texas
7.5231, Phone Number (817) 383-7100. r
Additional proposal documents may be requested by mail or picked up at the City of Denton
Purchasing Department. 901•B Te>>s Street. Denton. Tern 76_01.
All questions or requests for more information regarding this RFSP of the City of Denton ax J
collections must be submitted in writing by 12:00 p.m. on stay I. 1997. Both questions and
responses will be sent to all potential bidders. 1
• Attached is a fine year history of the City of Denton's delinquent tax collection percentages. •
Please refer to this information %khen necessary.
.!)"aware- to Qualm ~rn1'.4.
.-.,......•.__..._,-n^.wfw+N.+'~gSM! ,1• 4 ,tLl~! .nrr~..K ,:.,:vu
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Apr-it 1997
Page 2
4 We are soliciting a proposal from your firm because of your capabilities in delinquent tax
'F collection. Proposals should be as brief as possible and include the following:
I . A statement of firm's experience in delinquent tax collection; including years in the
business, number of staff, office location, clients serviced (a list of clients with
addresses, p'tone number and contact person should be provided).
2. Resumes o' key managerial staff to be assigned as the City's representatives.
3. Proposed sc(•pe of services to be offered based on the information attached.
4. Suggested performance criteria for the City to utilize in evaluating the success of the
contract and non-performance guidelines if collections do not equal sixty (607c)
percent of the celinquent tax base amount.
Proposals well be e%alua:ed based upon the attached criteria and interviews with selected firms.
If your firm is interested in malting a proposal to the City of Denton for these services. three 131
copies of the proposal, in sealed envelopes marked on the outside RFSP 1!2032 - Delinquent Tax
Collection Service, should be submitted no later than May 13, 1997 at 2:00 p.m. to:
City of Denton
Purchasing Department
901-B Texas Street
Denton, TX 76201
Attention: Tom Shaw. Purchasing Agent
We look forward to receiving a proposal from your firm for this very important service.
Sincerely,
Tom D. Shaw. C.P.M.
Purchasing Agent
o wP
Attachments
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CITY OF DENTON TAX COLLECTIONS
HIVE VEAR IIISTORV
(Base) All Years All Years
Ending Current Total 'Delinquent Delinquent Attorney Delinquent Delinquent
Tax Levy as of Collections Collections as of Tax Submitted Tax Collected Y-T•D Collections Collection,
Year _ Scy,l 30 As of Sept 30 Sept 30 Percent to Firm July I as of Jun 30 Percent (Excluding P & 1) Plus P & I
1()91 1:,496,916 13,188,356 97.71°0 433,020 264,768 61.15'% 348,095 445,539
1992 13,732,609 13,451,202 97.95% 368,753 225,516 61.16`/. 417,187 542,127
1991 14,023,943 13,813,826 98.50% 321,304 203,877 63.45',0 293,716 383,341
1994 11,080,169 10,930,077 98.65% 214,760 135,598 63.14% .0.68,819 354,089
1995 11,076,657 10,953,056 98,99% 224,353 144,161 64.26'/. b 239,560 326,692
•
I I Aiimpmul log udJL%ICJ FK lad ; crr 1995 is I11nw811 Mnllh It, 1997 1
1 khnqurnl nix %ubnutrr l iu tin Iv I has hxn udlmint fir sulgdcrncnl papwnls, ncvr 65 ywrlorly puymcnls, and Junc paymmis rwc&I in July
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UIE LAZY FULM WILL
1. Receive and review the delinquent tax rolls.
2. Substitute as attorney of record on all existing tax suits and interventions; pay all court
coots and tiling fees related thereto.
3. Perform all research and papenyork necessary to provide taxpayers and the City Tax
Collector with correct or corrected information to update the City files, including
forwarding addresses as located.
3. Submit monthly state; reports regarding suits filed on accounts and provide City Tar
Collector with duplicate letters sent to taxpayers.
5. Provide a quarterly report to City staff in sufficient form that it could be submitted to the
City Council for review. Provide monthly reports on pending suits, judgments and
foreclosures.
6. File suits on delinquent taxpayers that do not respond in accordance with the demand of
and directions provided by the City o; Denton.
7. Intervene in delinquent tax suits filed by Denton County and/or Denton Independent
School District, if applicable, pursuant to Sec. 33.44, Property Tax Code.
8. Firm sh tll be responsible for filing of delinquent tax claims in bankruptcy pro.eedings;
including claims and actions required to be filed with Federal agedcies such as the FDIC;
and consult with the City of Denton City Attorney's office on such matters.
9. File suits for collection of delinquent taxes pursuant to Secs. 33.41 and 33.42. Property
Tax Code; or file suits of judicial foreclosure of tax liens.
10. Pursue all suits diligently and pru:ide reports to the City of Denton.
ll. Provide the City recommendations, for qualified individual taxpayers, pursuant to
Sec. 33.02. Property Tax Code, regarding the advisabil''t}, of an installment agreement
being entered into between City and taxpayer.
12. Provide legal support and research to the City as needed.
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a. Provide recommendations to not pursue a case if a case is legally barred, is weak, or
the likelihood of collection is low or unlikely,
b. Provide City of Denton's Assesscr/Collector with legal advice and written opinions
upon request.
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l?. Only collect those :roues or Individual accounts which the Cin of Denton determines in h
its discretion are to be collected by firm.
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The Law Firm Will
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14. Provide all supplies and postage necessary to handle billing and necessary mailings.
15. Obtain appropriate title research and relevant ownership records of all property upon
which a suit is to be filed, at firm's expense.
16. Provide total and complete delinquent tax collection, including court tiling fees and all
other costs, pursuant to Secs. 33.07 and 33.48. Property Tax Code. ;nd will indemnify
and hold the City harmless from any suits or liabilities that may result from the Firm's
delinquent tax collection activities.
17• Propose a method of assuring that the amount of delinquent tares collected by the Law
Firm will be at least equivalent to the amount projected to be collecter by in-house staff
for each fiscal year of the firm's engagement.
IS. Propose a method of payment
19. Be entitled to fees on amounts actually collected while contract is in effect, pursuant to
Sec. 33.07 of Property Tar Code.
20. Provide information concerning minority involvement regarding the work to be performed
by your firm pursuant to this engagement. Indicate the ethnic makeup and the gender of
your staff, both at present and projected, if not presently fully staffed. Also, indicate if
you would consider sub-contracting parts of this contract to minority contractors and, if
so, please describe your plan to do so. Also indicate your compliance with EEOC
regulations and guidelines. ,
21. Coordinate the filing of all tax suits with the City Attorney and all tax collection efforts
with the City of Denton Tar Department.
22. Provide for the orderly delivery of copies of all complete tar tiles to be turned oxer to the
City Attorney when the Contract is terminated.
23. Make recommendations to the City Tax Department on accounts to be collected (i.e.,
mobile homes, aircraft and business personal property) by summary seizure (Tax
Warrants) and diligently perform all legal work necessary to reduce those accounts to
payment of tares pursuant to Secs. 33.21, 33.22 and 33.23, Property Tax Cele.
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24. Maintain collection rate of at least sixty (60`c) percent of the current delinquent tax base:
with a penalty clause initiated on the firm should be the collection rate fail to research
60%.
25. Provide concenu-med effort to%kard the collection, within the statute of limitation petlod. -
• of delinquent mobile home business personal property accounts. O it
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26. Upon request by the City, undertake the collection of delinquent accounts for special
paving assessment liens, substandard housing demolition liens, and privileged (mowing)
liens.
27. Upon reasonable request, represent the City in the acquisition of prop:rty pursuant to the
Property Tax Code for public purpose use.
28. The firm should be willing to enter into a three year contract with the City with two
additional one year optional extension periods being provided for.
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UIE CITY OF DENTON WILL
1. Provide a roll of delinquent accounts to be collected
2. Provide for updated information (i.e., adjustments, payments, errors, double assessments,
or other discrepancies) on delinquent accounts to be forwarded to the law firm.
3. Be able to terminate contract for any reason, with or without cause, upon thirty (30) days'
written notice to the firm.
4. Pay the law firm fifteen (15%) percent of the amount of all delinquent tares, (pursuant
to Sec. 33.07, Property Tar Code), penalty and interest actually collected and paid the
LolIector of taxes during the term of this contract. The collector shall pay said funds to
the firm monthly by check.
5. Notify the law, firm of any taxpayer that has filed bankruptcy. when the City has been
notified of such.
6. The City will allow firm an additional six (6) months to reduce to judgment all suits riled
prior to the expiration date of the contract.
7. Prepare and mail tax statements at least thirty (30) days [no more than sixty t60) days]
prior to delinquency date, givi ; clear written notice to the delinquent taxpayers of the
potential add-on costs of collection.
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CITY OF DENTON CRITERIA FOR SELECTING FMI
In order for all proposals to be reviewed in a consistent manner, please reference the following
criteria by its reference number set forth below:
1. Pleasc provide a summary titled "Law Firm Summary," not to exceed three pages, that
addresses the following questions:
a. Is your l1w firm's principal business the collection of delinquent taxes?
b. Please describe the extent of your law practice.
c. Please describe, in detail, your firm's collection software and hardware and any
established systems which you have in place regarding ad valorem t LX collection.
d. Do you currently collect delinquent taxes for other taking entities in Denton County?
If yes, who?
e. How many clients do you currently represent regarding the collection of delinquent
tares?
f. Where is your nearest office location to the City of Denton?
g. Is your law firm affiliated with local counsel? If so. who? How long has your firm
been so affiliated?
h. What is the total number of staff employed by your firm? Please breakdown by the
following categories: Attorneys: Liw Clerks: Paralegals: Legal Assistants: Legal
Secr;taries: Other Staff.
i. What is the number of staff that will be responsible for the City of Denton's collection
if your proposal is accepted?
j. What is the name(s) of the attorney(s) that will be responsible for the City of Denton's
collections?
k. Is your law firm an Equal Employment Opportunity (EEO) employer?
L Is your firm agreeable to a performance goal, which is equal to, but not less than.
6017Q of the total dollar value of the base taxes coiiecred as of July 1 of each year of
the contract?
2. Firm must have an established history of expertise in the delinquent tax collection field
• and provide a complete list of past and current Texas clients including a five year
summary of delinquent tax collections listed as a percent of base tax. excluding P&L
submitted to the firm for collection.
3. Law firm has to show capability to staff and operations sufficient to efficiently process up
to 25.00 delinquent accounts annually.
• 4. Firm will pace, or ~,%ill establish, a Denton office be tFe date the delinquent accounts are
turned o%er to firm, and %%ill provide a 1-800 number, or other toll-free service, to its
main ottice.
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