HomeMy WebLinkAbout07-01-1997
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City Council
Agenda Packet
July 1, 1997
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Agenda No
Agenda Item
AGENDA Date.. l
CITY OF DENTON CITY COUNCIL
July 1, 1997 a
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, July 1, 1997
at 5:45 p.m. in the Police Department Conference Room of the Denton Municipal Complex, 601
E. Hickory, Denton, Texas, at which the following items will be considered:
A. Consultation with Attorney under TEX. GOVT CODE Sec. 551.071.
1. Discuss and consider Sangster and Tetreault claims growing out of the
drowning irtridcnt which occurred at Bell and Robertson Streets in
November, I596.
B. Conference with Employees Under TEX. GOVT CODE Sec. 551.075. The
Council may receive information from employees or question employees during
a staff conference or briefing, but may not deliberate during the conference.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING 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 CI). 551. THE CITY COUNCIL RESERVES
THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX GOVT CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS
ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TC &ECONVENE IN A
CONTINUATION OF THE CLOSED MEETING ON THE CLOSE-) MEETING ITEMS
NOTED ABOVE„ IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT,
INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071.551.085 OF THE OPEN
MEETINGS AC'r.
Regular Meeting of the City of Denton City Council on Tuesday, July 1, 1997 at 7:00 p.m. in
the Jury Selection Room of the Denton Municipal Complex, 601 East Hickory, Denton, Texas
at wtdch the following items will be considered;
A 1. Pledge of Allegiance
A. U.S. Flag
B. Texas Flag
"Honor the Texas )'lag - I pledge allegiance to thee, Texas, one and indivisible."
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City of Denton City Council Agenda
July 1, 1997
Page 2
CITIZEN REPORTS
2, Receive a report from Ali Al-Khafaji regarding discrimination against Arabian-Americans
in the City of Denton.
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3. Receive a report form Ross Melton regarding trial by jury and actions of the City
Attorney.
PROCLAnfATIONSI AIVARDS
4. Keep Denton Beautiful Yard of the Month Awards
!!VBI,.C HEARINGS
5. Hold a public hearing and consider an ordinance approving a revised detailed plan for
70.654 acres in Planned Development 35 (PD-35). The subject property is located
between U.S. 377 (Fort Worth Drive) and F.M. 1830 (Country Cut, Road),
approximately 1,700 feet south of Hobson Lane. (Planning and Zoning Commission
recommends approval 5-0)
VARIANCES
6. Consider approval of an exaction variance to Section 34-114(17) concerning sidewalks.
The 1,977 acre tract is located oa the south side of University, west of Cindy Lane.
(Starting Over Addition) (The Planning and Zoning Commission recommended denial,
6-0, at its meeting on June 2S, i907 )
CONSENT AGENDA
A Each of these items is recommended by the Staff and approval thereof will be strictly on
the bests 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. r
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids and purchase orders to be approved for payment under the
• Ordinance section of the agenda. Detailed back-up information is attached to the ordinances f~ 0
(Agenda items 7-18). 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 below will be approved with one motion. A citizen may not speak or rill
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City of Denton City Council Agenda
July 1, 1997
Page 3
out a "request to speak" form on an item on the Consent Agenda unless the item is removed
from the Consent Agenda. The speaker shall be allowed to speak and the item shall then be
considered before approval of the Consent Agenda.
7. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for purchase of materials, equipment, supplies or services (Bid a 2050 - Public Official
& Employees Liability Insurance)
S. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for purchase of materials, equipment, supplies or services (Bid # 2058 - Distribution
Transformers)
9, Consider adoption of an ordinance accepting competitive bids and awarding a contract
for purchase of materials, equipment, supplies or services (P.O. q 75699 - TNRCC)
10. Consider adoption of an ordinance authorizing the execution of a change order tc a
purchase order between the City of Denton and; Department of Information Resou.ces
providing for an increase in the contract price (P.O. q 75355 Department of Information
Resources) (The Information Services Advisory Board recommends approval) l
11. Consider adoption of an ordinance authorizing the execution of a change order to a
purchase order between the City of Denton and; NTCS, Inc. (Denton) providing for an
increase in the contract price (P.O. M 75354 - NTCS, Inc.) (The Information Services
Advisory Board recommends approval)
12. 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 such purchases from requirements of competitive
bids (P.O. k 75700 Ilydrolab Corp.)
• 13, Consider adoption of an ordinance providing for the expenditure of funds for purchases
of materials or equipment which are available from one source in accordance with the I '
provisions of state law exempting such purchases from requirements of competitive bids
(P.O. q 75951 - Bobby Gray)
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14. Consider adoption of a resolution establishing maximum rates that Marcus Cable
® Associates, L.L.P. may charge its Denton Cable Television subscribers for the basic 0
service tier and associated equipment; establishing a maximum hourly charge.
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City of Denton City Council Agenda
July 1, 1997
Page 4
15. Consider adoption of an ordinance approving a certification agreement between the City
of Denton and the Texas Workforce Commission, to provide funding for support and
provision of child care to eligible clients; authorizing the Mayor to execute the
agreement; approving the expenditure of funds therefore.
16. Consider adoption of an ordinance approving an agreement between the City of Denton
and Fred Moore Day Nursery School, Inc. to provide funding to Fred Moore Day
Nursery School, Inc.; approving the expenditure of funds therefore.
17. Consider adoption of an ordinance approving an agreement between the City of Denton
and Denton City-County Day School, Inc., to provide funding to Denton City-County
Day School Inc.; approving the expenditure of funds therefore.
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18. Consider adoption of an ordinance approving an agreement between the City of Dentoa
and the Texas Workforce Commission, to provide funding to for support and provision
of child care to eligible clients; approving the expenditure of funds therefore.
ITEMS FOR INDIVIDUAL CONSIDERATION
19. Consider adoption of an ordinance authorizing the City Manager to enter into a
professional services contract with Teague, Nall and Perkins, Inc. for the design of the
stream PEC-4 storm drainage improvements and the Ruddell Street bridge and channel
improvements, authorizing the expenditure of funds therefore.
20. Consider adoption of an ordinance of the City of Denton, Texas providing for the
establishment of the schedule of rates in connection with the sale of the City of Denton
raw water to the Upper Trinity Regional Water District.
21. Consider adoption of an ordinance of the City of Denton, Texas, granting,
pursuant to Section 20-1 (c) (2) of the Code of Ordinances of the City of Denton,
• Texas, an exception to the limitations imposed by that section with respect to
hours of operation of an amplified loudspeaker system. (Pro Youth Rodeo j
Association) I
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22. Consider nominations/appointments to the City's Boards and Commissions.
• 23. Miscellaneous matters from the City Manager. f O O
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City of Denton City Council Agenda
July I, 1997
Page 5
24. New Business
This item provides a section for Council Members to suggest items for future agendas.
25. Passible Continuation of Closed Meeting under Sections 551-071-551.085 of the Texas
Open Meetings Act.
26. Official action on Closed Meeting items held under Section 551.071-551.085 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of
the City of Denton, Texas, on the day of 1997 at o'clock
CITY SECRETARY
NOTE: THE JURY ROOM OF THE DENTON MUNICIPAL COMPLEX IS
ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH
DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE
INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT
1 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
I-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE
SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. r
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APndr. No,. Agenda Item
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: July 1, 1997
SUBJECT: Hold a public hearing and consider an ordinance adopting a new detailed
plan for 70.654 acres in Planned Development 35 (PD-35). The subject
property is located between U.S. 377 (Ft. Worth Dive) and F.M. 1830
(Country Club Road), apprcximalely 1,700 feet souto of Hobson Lane.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the request (5-0).
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None. f
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Please advise if I can provide additional information
Respeclf suu itted:
Rick Svehfa
Deputy City Manager
Prepared by:
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Walter E. Reeves, Jr., AICP
Urban Planner
Approved by:
Da ' ill, AICP, ASIA -
i ector of Planning
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Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Ordinance,
Attachment p3: Draft minutes of 6111/97 P&Z meeting.
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PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: July 1, 1997
Subject: Z-97.011
GENERAL INFORMATION
Applicant: D.R. Cameron & Assoc.
2300 Highland Village Rd., Suite 530
Highland Village, Texas 75067
Owner: H,S. Osborne
P.O. Box 2267
Denton, Texas 76202
Action: Detailed plan for 70.654 acres of Planned Development 35 (PD-35).
Location: The subject property is located between U.S. 377 (Ft. Worth Drive) and
F.M. 1830 (Country Club Road), approximately 1,700 feel south of
Hobson Lane (Enclosure 1).
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Surrounding Zoning and Land Use:
LOCATION ZONING LAND USE
North: See Enclosure 2 Smos family resldenbal use along F.M. 1830, miniwarehous►s along U S 377,
South: See Enclosure 2 Railroad, vacant land.
East See Enclosure 2 Single lemily residential use, vacant land
West Sae Enciosur► 2 V.S. 377, mixed uses.
en on eve opmen an: ow Intensity Area k % allocated).
bject property is vacant and unplatted. Public improvements to the interior of
ject will include; streets, sidewalks, water and sewer lines, drainage, strFet
Lside IAL INFORMATION
and fire hydrants.
service for the project will connect to a fifteen (15) inch sewer line in U.S. 377
s a capacity of 1.6 million gallons per day, which in turn connects to a twenty-
4) inch line. The applicant will be extending a twelve (12) inch water line along
st side of U.S. 377 approximately 1,200 feet to the subject property. This line
® nect to an eight (8) inch line that will serve the property. Both sewer and water ! O o
is adequate to serve the proposed development. No service is being taken
es along F.M. 1830.
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No traffic study has been submitted for the proposal. The proposed project will
generate 3,253 trips per day. Based on the proposed layout, and assuming a 60.40
split in the trips between U.S. 377 and F.M. 1830, the projected impact would be
1,301 vehicle trips on F.M. 1830 and 1,952 vehicle trips on U.S. 377. The peak hour
impact would be 130 trips on F.M. 1830 and 195 trips on U.S. 377.
The City's 1997 Traffic Count Map shows F.M, 1830 having a traffic count of 5,568
south of Hobson Lane, and 6,830 south of U.S. 377. F.M. 1830 Is designated as a
secondary arterial on the Thoroughfare Plan and is a slate maintained right-of-way.
The capacity of this road Is approximately 10,000 trips per day. Assuming 90% of the
trips turn left and head north on F.M. 1830, the trip count south of Hobson Lane will
be 6,739 trips. Assuming another 10% turn right and head east on Hobson Lane, the
trip count south of U.S. 377 will be 7,884 trips.
Trip counts are not available for U.S. 377 except at the 1.35E intersection, and just
north of Brush Creek Road. U.S. 377 has both larger lanes and wider shoulders than
F.M. 1830, which increases its capacity even though it has the same number of lanes.
U.S. 377, therefore, has an estimated capacity of 15,000 vehicles per day. Assuming
that 10% of the trips will turn south, 1,757 trips will turn north out of this development
per day, The current traffic volume experienced on U.S. 377 will be measured in the
near future.
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BACKGROUND
August 25, 1981
The subject property was placed In the Agricultural (A) zoning district by Ordinance
81-76, which annexed the property into the City,
September 1, 1981
Ordinance 81.79 rezones the prnpsiiy is a Planned Development (PD) zoning district
and adopts a plan for the subject property The adopted plan consists of Single
Family 10 (SF-10), Two-Family (2F), and Multi-Family Restricted (MF-R) uses
(Enclosure 3).
NOTICE
Ten (10) notices were mailed on May 30, 1997. No written replies have been
• received, although people did speak in opposition at the Commission's public hearing,
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ANALYSIS
The table below will provide a summary of the Plan related analysis for this protect.
Denton Development Plan
Policy Analysts Summary
Low Intensity Area
Development Hating YS Policy
POLICY COMMENTS ayaksner uxnr.Mn towsrnr
Incmrl+rrnt erconafcLn
To be consistent with the Plen, a Allocated Intensity . 4,240 Intensity tops.
development should not exceed its Proposed Intensity . 3,6101ntensity trips. X
abocrded intensity,
Stnct site plan controt within 1,600 Law density residential use within 1,600 feet,
lust of existing low density Proposal Is for a PD. X
residential
Tratlic design to ensure that Multi- Proposed four plea ores would have direct
Family or Non-Posidenhal uses have access to US 377.
access to coilecturs or larger X
arlarlals with no direct access
through residential streets,
Suffklert green space, recreational No grsenspacs or recreational facilities
facilities and diversity of parlu are indicated, Park policy is voluntary X
provided
Input into planning by neighborhood No neighborhood meeting has bean held.
associabcns and councils is
encouragrd.
i Mulb-fnmiln conconfrahon The proposed tour plea area has a proposed
density of 6 units par acre, The plan defines X
mulbdamiy housing as 12 units per acre or
more. The maximum number of multi-family
units allowed by to DDP, having ci
access to a primary enacts! Is 150 units The
Proposal is for 60 units.
Mule family rti mile separation Proposal well within 'h mile of other multi-
family uses, however, the proposal mulb-
famiy density is 6 units per acre This does X
not meet the throshold 12 units per acre mulb-
famiy concentration.
Any form of continuous strip NA
• commercial development is strongly
discouraged in or near low Intensity
areas ,
Loop 288 and US 77 we also covered by this Major Ent,snce Way policies of the Plan. The major entrance ways an
those freeways and primary srtedals predominantly used by Incoming tratttc Into the City of Denton. Developments
along maJa entrance ways present the first Impressions of the City to the public eye. The policy of this Plan Lterelore
is to encourage and prorl good urban design to enhance the aesthetic quality and visual amenities along entrance
ways. The following specific guidelines are required.
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Development proposals should be Most of this information Wit be covered by a detailed plan.
reviowed to ensure adequate
comp6anrsr wm standards and
requirements including but not
limited to'.
Front yard setbacks
Sui idin g cove rage
Landscaping
Sgnage
Curb cuts
Off-street pariung
Facade design and construction
Pedestrian ai
Promote Integrated site design and No circulation proposed to adjacent properties
layout which considers adiacenl
tracts of land with amphasls given to
Internal circulation as opposed to
con7nuous sWp devalopmenL
equire on etas a an (Enclosure
4. Acreage. The acreage In the plan as shown by a survey, certified by a
registered surveyor.
Provided.
2. Land uses. Permitted uses, specific In detail as determined by the
department, and the acreage for each use.
Provided.
3. Oft-site Information. Adjacent or surrounding land uses, zoning, streets,
drainage facilities and other existing or proposed off-site Improvements, as
specified by the department, sufficient to demonstrate the relationship and
compatibility of the district to the surrr.)unding properties, uses, and
facilities.
Provided,
4. Traffic and Transportation. The location and size of all streets, alleys,
parking lots and parking spaces, loading areas or other areas to be used
for veNcitilar traffic.; the proposed access and connection to existing or
proposed streets adjacent to the district; and the traffic generated by the
• proposed uses.
Provided.
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5. Buildings. The location, maximum height, and minimum setbacks for all
buildings, and it nonresidential, the maximum total floor area.
Provided.
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6. Residential development. The number, location, and dimensions of the
lots, the minimum setbacks, the number of dwelling snits, and number of
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units per acre density.
Provided.
7. Water and drainage. The location of all creeks, ponds, lakes, floodplains,
or other water retention or major drainage facilities and improvements.
Orovided.
8. Utilities. The location and route of all major sewer, water, or electrical
lines and facilities necessary to serve the district.
Provided.
9. Trees and landscaping. The location of all protected trees and a landscape
plan as required by the city's landscape ordinance.
Provided.
10. Open space. The approximate location and size of greenbelt, open,
common, or recreation aces, the proposed use of such arets, and whether
they are to be used for public or private use.
None proposed.
11. Screening. The location, type and size of all fences, berms, or screening
features proposed between different land uses or adjacent properties.
Screening between Multi-Family and Single Family pruvided. A brick column
and wood fence is proposed along Country Club Road. A 40 foot wide 'buffer'
is proposed along U.S. 377 which will be maintained by a homeowners
Association.
12. Signs. Location, type, and size of all signs regulated by the city's sign
ordinance.
Provided.
13. Sidewalks and bike paths. Sidewalks or other Improved ways for
pedestrian or bicycle use.
Provided.
0 The existing plan (Enclosure 3) for the property allows for the `ollowing:
Single Family Uetaehed(SF•10) 148 units.
Duplex (2F) 66 units.
Four Plex 40 units. 's
Multi-Family P.esiricted 93 units it all onn bedroom.
82 units if all two bedrockn.
0 73 units I all three bedroom. 0 O
The zoning ordinance does not have a 'straight' density number for the multi-far0y
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zoning districts. Instead, density is determined on a per bedroom land area
requirement. Due to this, it is possible to only calculate the maximum number of units
that could be constructed on the property. The existing plan would allow 347 total
units, if all tile apartments were one bedroom.
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The proposed detail plan would allow for the `ollowing:
Single Family Detached(SF-5) 301 units.
Four Plex . 60 units.
Total 361units.
The proposed plan would allow approximately 10% more dwelling units than the I
existing plan. However, it is consistent with the Denton Development Plan as the
proposed Intensity is less than the Plan's maximum of 60 intensity trips per day per
gross acre in a low intensify area. The Commission feels this Is a superior plan when
compared to the existing plan, for the following reasons.
1. The proposed street layout reduces the number of intersections with F.M. 1830
from 5 to 2. It also removes a "straight shop situation that exists on the cu~renl
plan which has a single, direct street connection from U.S. 377 to F.M. 1830.
2. The proposed plan completely eliminates the multi-family and duplex portions,
and limits the four plex area to 60 units. This means tho vast majority of the
proposed project is single family detached housing (301 units), as opposed to
the existing plan where only 149 units were single family detached, and the
remainder was two-family, four ptex, and apartments.
3. The proposed plan has a designated "buffer' strip along the U.S. 377 frontage.
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RECOMMENDATION
The Planning and Zoning Commission recommends approval of this request.
ALTERNATIVES
1. Recommend approval without conditions.
2. Recommend approval with conditions.
• 3. Recommend denial.
4. Postpone consideratloo.
ATTACHMENTS
1. Location map.
2. Surrounding zoning.
• 3. Current plan.
4. Detailod plan. e
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ENCLOSURE1 f
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A REVISED DETAILED
PLAN FOR PLANNED DEVELOPMENT NO. 35 (PD-35) FOR THE 70.654 ACRES AS SHOWN
IN THE ATTACHED DETAILED PLAN, THE SUBJECT PROPERTY BEING LOCATED
BETWEEN U.S. 377 AND F.M. 1830, APPROXIMATELY 1,700 FEET SOUTH OF HOBSON
LANE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, D.R. Cameron & Associates, on behalf of H.S. Osborne, owners of the subject
property, has applied for approval of a revised detailed plan for the 70.654 acres described in Exhibit
A, which constitutes Planned Development 35 (PD-35), a planned development district established
by Ordinance 81-79; and
WHEREAS, on June 11, 1997, the Planning and Zoning Commission recommended approval
of the requested detail plan; and
WHEREAS, the City Council finds that this detailed plan will be in compliance with the
Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
Section That Ordinance No. 81.79, as it relates to Planned Development District 35 (PD-
35), consisting of 70.654 acres more particularly described by the legal description attached hereto
and incorporated herein as Exhibit A, is hereby amended by adopting a revised detailed plan for the
70.654 acres, said detailed plan being attached hereto and incorporated herein as Exhibit B for all
purposes.
Sectionl I. That Ordinance No. 81.79 as amended, shall remain in full force and effect, save
and except as amended by this ordinance.
Section 111 That a copy of this ordinance shall be attached to Ordinance No. 81.79.
Section . That any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $2,000.00 Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
Section V. That this ordinance shall become effective fourteen (14) days from the date of its
passage, and the City S.*cretary is hereby directed to cause the caption of this ordinance to be
• published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, O •
Texas, within ten (10) days of the date of its passage.
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PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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P&Z Minutes
June 11, 1917
Page 4 4 LI4r' 1U1++ R Ai(~"I ,
first. 1 know that the water line doesn't go out that far.
Ms. Russell: Is there anyone else to speak in opposition? Would the petitioner care to make any
final remarks?
Mr. Cameron: ITwre is a manhole on the other side of Hwy 377 tha: has the largest sewer line in
the city and we wiii have to bore under Hwy 377 to connect ,o it. We will also have to extend a
twelve inch water line eighteen hundred feet to this site. We have worked with Mr. Cosgrove and l
the city. We have backed up our houses to Country Club Road and we will have a fence along
C,cre.
Mr. Joms: How much of the traffic will come off of Hwy 377 versus F. St. 183(?
Mr. Clark: The way it is laid out I would think about sixty percent will come off of F.M. 1830.
The only improvements that would eventually be needed is to put in some signals. There is not a
capacity problem now and this will not create a problem. A highway like t)at can carry fifteen
thousand vehicles a day up to about twenty thousand. Hwy. 377 will eventually be vr',dened by
TXDOT, both of those roads are actually TXDOT highways and major improvements to those
should be done by TXDOT.
Nis. Russell: We will close the public heari.ig. Any final remarks?
Mr. Moreno: We have approved c,-,veral subdivisions along Lillian Miller and Country Club Roads.
Where ate these children going to go to school and are the roads In place? Are we working with
the school district?
M.r. Svehla: There is a group u£ city staff that is working with the school district staff. The district
does own another site at the southeast comer of I.ongridge and Teasley that is abo. t nine acres.
Mr. Gngelbrecht: 1 would like to say that I prefer tnii detailed plant over the original plan. The
density is up a little but there Pse nore single family homes which I find preferable, I believe the
traffic situation for the neighborhood is riesch better than what it was. It appears that there is going
to be a homeowner's association. It would have been nice if there was a place in this subdivision
where the neighborhood could come together. I think it would be good over the tong run.
Mr. Moreno: 1 am going to vote in favor of this because it is either this one or the old plan and
I prefer this one.
Mr. Jones: 1 move that we recommend approwd of the detailed plan for 70.654 acres of Planned
Cevelopment 35.
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Mr. Morenu: Second.
Mr. Jones: I do like this plan because of the street layout and I would much rather see single
family homes and duplexes as opposed to apartments.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (5-0)
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CITY COUNCIL REPORT Agenda No, Q q ^ Oa+
Ago* Item (o
TO: Mayor and Members of the City Council Palo ri - t -o
FROM: Dave Hill, Director of Planning
DATE: July 1, 1997
SUBJECT: Consider approval of an exaction variance to Section 34114(17) concerning sidewalks
for the Starting Over Addition. The 1.977 acre tract is located on the south side of
University Drive, west of Cindy Lane. (Starting Over Addition).
RECOMMENDATION:
The Planning and Zoning Commission recommended denial o lie variance (6-0).
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
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PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
Please advise it I can provide additional Information.
Respectfully submitted,
Rick Svehla
Deputy City Manager
Prepared by:
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Donna Bateman r
gnior Planning Technician
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Approved by,
D aAd-Hill
hector of Planning
Attachment #1: Planning and Zoning Commission Report.
Attachment #2 Draft Planning and Zoning Commission Minutes from June 25, 1997.
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
TO: Mayor and Members of the City Council
FROM: Planning and Zoning Commission
DATE: July 1, 1997
SUBJECT: EXACTION VARIANCE FROM SECTION 34-114(17, CONCERNING SIDEWALKS
FOR STARTING OVER ADDITION.
RECOMMENDATION:
The Planning and Zoning Commission recommends denial of the sidewalk variance.
SUMMARY:
The 1.977 acre tract is located on the south side of University (U.S. Highway 380), approximately
six hundred (600) feet west of Cindy Lane and across from the Crosstimbers Girl Scout facility.
The property recently was approved for a specific use permit in order to operate an in patient
alcohol/narcotics rehabilitation center.
BACKGROUND:
Starting Over Incorporated, owners of the proposed "Starting Over Addition" has applied for a
variance of Section 34-114 (17) of the Code of Ordinances concerning sidewalks. The cited
section requires that all new development install sidewalk along the frontage of all perimeter
striuvts. Though the building is existing, the alteration from a single family residence to a
business is defined as "new development Starting Over Addition has 176 feet of frontage on
Highway 380.
ANALYSIS:
The applicant has expressed that the cost of installing sidewalks for this facility is unwarranted
as opposed to there being a Physical obstacle to construction. If the following criteria were met
the request would be for an exaction variance that could be recommended to the City Council
Where the 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, to as to prevent such
excess, to the City Council, Waiver of developmental exactions shall be approved by the City Council.
e The Planning and Zoning Commission could not recommend the variance based on reasonable
relationship. The proposed sidewalk will cost approximately $1,700 to construct. Depending on
actual lot size, the average cost of sidewalk for a single family home is between 5900 and
$1,250. The proposed use will be somewhat more intense than a single family home based on
the number of people that could be living at the facility at any one time. In addition, there are
other sections of sidewalk in either direction on Highway 380, though not directly adjacent.
ENCLOSURE: i
1, Preliminary Plat.
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Minutes ATTACHMENT 2
June 25, 1997
Page 4
Ms. Russell: Any questions'? Is there anyone who wishes to speak in favor of the petition'? Is
there anyone to speak opposition? Seeing none we will close the public hearing. Any final
comments by staff?
Ms. Scherz: I will make the motion. 1 move we recommend approval of a change in zoning
from a Single Family 7 conditioned zoning district to a Planned Development, and the detailed
plan for the 0.536 acres to include a condition of the streetyard calculations and the landscape
calculations be includad on the plan.
Mr. Powell: I second.
NIs. Russell: Any discussion? All in favor please raise your right hand. All opposed same
sign. Motion passes. (6-0)
V. Starting Over Addition. The 1.977 acre tract is located on the south side of University,
approximately six hundred (600) feet west of Cindy Lane.
a. Consider a variance of Section 34-114(17) concerning sidewalks.
Ms. Russell read agenda item.
Mr. Salmon: Starting Over Incorporated, owners of this proposed development have applied
for this variance. As you are all familiar with the cited section of our ordinance requires that
sidewalks be constructed along the frontage of any property that is being developed and platted.
In this case we've got approximately two acres of property being platted for the Starting Over
Addition. The frontage is approximately 176 linear feet. The applicant feels that installing the
sidewalks for this particular facility is unwarranted due to the type of facility that it is and the
cost associated with those sidewalks would not be warranted which would make that an exaction
variance. You will be making a recommendation to the city council on this matter. Staff cannot
recommend the variance based on a reasonable relationship. The lot is only 176 feet wide. It
would cost approximately $1,700 to build that sidewalk. Compared to the cost of building a
sidewalk for an average single family home in Denton, it is a little bit more money. Typical
sidewalk for a home would be in the range of $900 to $1,200. However, thcre are going to be
quite a number of people possibly living at this facility at any given time. Probably more so
than a single family home. I would like to point out that there is existing sidewalk in the area
in both directions of this property. Not directly adjacent, but there is sidewalk in either
direction on Highway 380. Also, I would like to point out that even though the sidewalk is
somewhat sparse out there, currently almost all of the land is undeveloped which means as
property does develop we would be requiring them to install sidewalks as well. I will be glad
to answer any questions you might have.
O O
NIr. Powell: Why are they coming for a replat?
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Minutes
June 25, 1997
Page 5
Mr. Salmon: They have purchased two acres out of a twelve acre parcel. The remaining 10
acres is only preliminary platted.
Ms. Russell: Any more questions of Mr. Salmon? The applicant is r;ot in the audience? I just
have to ask you because 1 went out there, where is the sidewalk to the west of this property?
Mr. Salmon: The sidewalk to the west should be at the east side of CBS.
Ms, Russell: I didn't drive down that far. I would suspect that the fact that there is a church
and a school along here, or is it two schools, that might have also would have influenced you.
I know it influenced me in what was the available sidewalks.
Mr. Salmon: Yes, Selwyn school is to the east of here and the church is relatively close.
Actually, other than CBS those are really the only developed properties and they don't have
sidewalks and those were all developed back in the 70s and didn't require sidewalks.
Nis. Russell: Any discussion?
Mr. Powell: Discussion. And that is what it is, I am not asking a question I am just thinking
out loud. It would appear like being as the structures here are set 150 foot back, maybe 100 1
foot back, a long way back, that anybody giving there is not going to use the sidewalk. As I
remember, Selwyn school does not have a sidewalk. I may be wrong about that. And the other
school I remember being out there.
Ms. Russell; The residence does. Your right, the school does not, but the residence does.
Mr. Powell That would be what would make me think that we might be asking them to do
more than we should. What would make me think the other way would be the argument that
it is going to develop out there and it would be foolish not to put a sidewalk there. 1 still think
of it as country so I have a hard time thinking of a sidewalk there. This is all discussion here.
Sometimes I can think better saying it out loud.
Nis. Russell: It helps us all to know what's being your point of view would be perhaps
• different from my point of view.
Ms. Engelbrecht: There is a sidewalk going in at the development at 156 is that correct? At
380 and 156, the subdivision that came through at our last meeting.
Mr, Salmon: No sir, there wouldn't be because they are more than 8,000 feet from a City of
9 Denton water line at that location. Apparently someone has come in that would be representing tl
the owners if you would care for them to speak.
Ms. Russell: Please give your name and addicss.
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Minutes
June 25, 1997
Page b
Mr. Coleman: Bill Coleman, 1421 N. Elm Street. I am representing Starting Over Incorporated
with their platting process. I apologize for being late, so I did not get to hear staff's
presentation so forgive me if I go over material that they have already covered. Basically, 1
wish to make you understand. When they agreed to purchase the property, and I believe most
of you heard them make a presentation for this specific use permit. At that time they were
under the impression that a conveyance plat would be acceptable and they wouldn't have to go
through the formal platting process. They closed on the property with that in mind. After they
closed they found out that the city had made a determination that since it was less than five acres
a conveyance plat would not work. And they were asked to come back after they were ready
to go and had done everything else to comply with city codes to come back and go through the
platting process before they could get a CO. Their grant is structured, they had people coming
in June 1 st ready to start classes. Went down for a CO and they go no you've got to go through
the platting process. With that in mind, since they are not developing, this is not a new
development. This tract has been a two acre tract before and was joined into the six. This tract
has existed pretty much like it is not far enough back to be grandfathered under the subdivision
regulations but it has been a two acre parcel for quite a while. It was not just created for this.
And the fact that they are not doing any building. They do not need a building permit. They
are not making any improvements other than to come up with ADA code and things like this.
They feel like it is an exaction and that is the basis for the variance since they are not building.
Now I understand, I don't think I could stand up here with a straight face and make this appeal
to you if it was a new construction and people are laying out money to put up a new house and
do new construction and things like this, but it is an existing construction. They went into the
deal with the understanding that they were not going to have to go through any of this to get the
CO. And that's all they want is a CO. So that is the basis of the appeal, Questions?
Mr. Powell: Where did they get the concept that they would not have to plat and go through
the system?
Mr. Coleman: They were led to believe in their initial discussions with the City of Denton that
a conveyance plat would satisfy the requiv-ments for this transaction. That is a new plat that
the city has come up with to make it a little bit easier on people that are just parceling off a
piece of property and not developing it. And they said since you are occupying an existing
building and you are not doing new construction and your not pulling a building permit a
° conveyance plat concept works. And it appeared to fit the whole spirit of the conveyance plat
structure. It was later that they went, oh but that applies to five acres or more, sorry folks cause
you've only got two.
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Mr. Powell: I don't want to put words in your mouth, but you are saying to us that someone
inadvertently or whatever, somebody representing the city told them, explained to them that they
° wouldn't have to go through the normal platting process, aka they wouldn't have to put a
sidewalk in or anything else other than apply for a "conveyance plat" and get it and it wouldn't °
even come before us. Is that what we are saying?
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Minutes
June 25, 1997
Page 7
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Mr. Coleman: Yes, that is what I am saying. The city did not, they said a conveyance plat,
I believe the proper term was may apply. In the predesign notes, I believe I have them here and
I can dig through my file and maybe pull them out. And then later, upon further review when
it finally came down and we submitted a conveyance plat the city began to review the
conveyance plat their comments were conveyance plat won't work it must be a final plat because
it's more than five acres.
Mr. Powell: The terminology was that it may.
Mr. Coleman: Yes, it may. It is kind of sticky situation, 1 am not saying the city mislead the
people, but they were under the impression as were everybody in the deal was under the
impression that a conveyance plat would satisfy the requirements for them to get a CO. It was
after they purchased the property that they became aware that a conveyance plat would in fact
not.
Mr. Jones: It is stated in the subdivision regulations that it has to be five acres?
Mr. Coleman: I believe so.
Mr. Hill: One thing I just want to bring to the attention of the Commission is, in my experience
since I have been here, a lot of times there have to be some kind of discussion as a starting point
when a proposal begins to be a little bit more ftnaled and it is introduced to the DRC that is the
first time that any real good comments can be relayed to the developer, until that time it is very
hard to make any kind of promises and if there is some kind of an assumption that what was said
is going to hold then I think that was a mistake and an assumption until something was formally
submitted to go through the review process.
Mr. Bucek: I need to make a comment. I talked to Mr. Gibbons and he is operating or
received the grant. I had a long conversation with him and if you are going to use all hearsay
1 think I am going to have to relay some hearsay to you as well. He advised me that he had a
lot of difficulty in dealing with the seller in this project and the concept that the city was
relaying to him is that the sale by metes and bounds would be illegal under our ordinances. He
admitted to me that what he understood was that his seller was only willing to do a conveyance
• plat. Do the minimum. If he did a conveyance plat he would rot violate the law. This would
ha%e kxcn true, under the acreage issue, this would have been true. So all the conveyance plat
did, and Mr. Gibbons understood, was to get it from the seller into him without violating the
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metes and bounds issue. And he said he had to focus on the issues of CO's and that type of
stuff, that all came up subsequent and when those issues came up he knew about that issue of
the preliminary plat but he could not get the seller to agree to do a preliminary plat, so that is
tB why he ended up where he was. It's a gray issue, but a whole lot of this Mr. Gibbons knew
he was taking a gamble on that and I didn't want to leave that in your mind that he was mislead O B
on that.
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Minutes
June 25, 1997
Page 8
Mr. Coleman; I understand and again while it is a ticklish issue I want to make it very clear
I'm not saying that they were mislead by staff. 1 am saying that they were operating under this
assumption, regardless of where it came from. I think staff has conducted themselves in this
matter as usual. They are doing a good job. They are doing the best job they can. All 1 am
saying is that for some reason it fell through the cracks, he closed on it thinking that a
conveyance plat would do. I submitted a conveyance plat thinking that was it. 1 submitted the
conveyance plat, 1 got back the DRC comments that said you have to have a final plat. It was
a surprise to me. I thought we were doing a conveyance plat. This was the first conveyance
plat I had dealt with, It is a new concept, I support the concept. And then it was five acres,
oh dam. So that is not my point, that the city staff made a mistake or anything. What I am
saying is that on a basis of an exaction this is not new development, this is an existing property.
It has existed like it is, the house on the land for quite a while. Not long enough to be
grandfathered, but it has been there for a while. And to require a sidewalk just for a CO and
not for a building permit we believe is an exaction. If we could go the route of a conveyance
plat and get around that we will, but we can't. So we've got to do a preliminary, go through
the expense of doing a preliminary and a final, everything else and we have to process this
variance for a sidewalk and that's the basis upon which we are asking for the variance.
Ms. Russell: Any other questions? Discussion.
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Mr. Powell; I have one or two for staff, but not for this gentleman. Mr. Salmon, I have been
here for two years now and don't remember a conveyance plat before, could you bring me up
to snuff on that?
Mr. Salmon: Actually, I think we have only done or; conveyance plat. A conveyance plat is
n instrument that is used w sell property. It is like a final plat, you file it at the courthouse but
you can't get a building permit from a conveyance plat. It is just a legal document that you can
use to subdivide property with. So if someone did a conveyance plat and later on wanted to
come in and build something they would have to go through the regular platting process.
Mr. Powell: One more question. Assuming, this is an assurr Zion and this didn't bappen, but
let's just talk about the possibility. If they had bought the whole piece of property, he whole
twelve acres o, six acrs or whatever it is and then they had put this establishment there, they
e didn't build anything just decided to put it there. Would they have bad to go through this?
Mr. Salmon: It depends on whether the property has been in this configuration since prior to
1960. Our ordinance allows tracts of property that have been in that configuration since prior
to 1960 to remain unplatted, bec;.use prior to 1960 the City of Denton did not have subdivision
regulations. So at that time that would have Neen a legal subdivision. So yes if the total of
0 twelve acres had been in that configuration prior to 1960 and someone came in and just wanted
to use the existing house and were not going to be required to run any water lines or new streets 0
or anything of that nature, then yes they could probably just use the house and not have to go
through a platting procedure.
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Minutes
June 25, 1997
Page 9
Mr. Moreno; Mr. Salmon, your memorandum states that this is a new development, but we
were told otherwise a moment ago. Would you define the term new development?
Mr. Salmon: I think staff would c, .eider it a new development in that they have taken an
although existing building, they have otznged into a use that is somewhat more intense than what
it was originally. Originally it was a single family home, now they are converting it into
something that is a little bit more than a single family home. As a matter of fact, they have
already constructed a parking lot out there. That would indicate to me that there is probably
going to be more vehicles there than you would normally find at a sing!e family home. If I may
clarify a little bit of the time line and what they were told when and what they brought in.
Donna Bateman and myself visited with the Starting Over folks, my guess is starting back in
April. I think initially we did suggest that maybe a conveyance plat would be the way to go.
Then we discovered that there was a five acre minimum lot size for conveyance plats and Ms.
Bateman called them back and told them, well no, I am sorry we were wrong a conveyance plat
is not going to work, however, on May 1st they submitted a conveyance plat and I don't know
exactly how or why that happened. We ended up with a conveyance plat on May 1 st at DRC.
We told them that the conveyance plat wasn't going to work. It needed to be a minimum of five
acres, they only had two acres, they were going to have to do a regular plat. Never heard
anything, we didn't really know what was going on. All of a sudden June fat rolls arcund, they
walk into get a CO. It left us all kind of questioning, what is going on here, we haven't platted i
yet. That is sort of when this all started stirring up and they did come in about a week later
with the regular plat documents, so that is kind of how we got to where we are at now.
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Ms. Russell: Any other questions?
Mr. Englebrecht: I h ,ve a couple of comments. First of all it appears to me that area, 380
west, particularly west of 1-35 is being developed at a faster pace than we have seen in quite
some time. Secondly, 1 have concern that a variance in this situation and I know there have
been some of those in the last year or two, if we continue to do this I think there is some
question about how valid our subdivision regulations in regard to sidewalks becomes as we
continue to approve variances. In this situation, it is growing more rapidly out there, while this
is not a change in the building configuration, it is a change in the use. A considerable change
in the use. That is what we would expect to see along 380 for sometime to come now.
• Increased use all along that area, a more intense use. And with the direction we appear to be
moving from discussions of the new development plan with development of commer.ial uses,
proposals for commercial uses along those, this particular area as well, I think it is appropriate
that we require sidewalks, particularly since it is not that far from heavy foot traffic now, just
to the east. Therefore, I move that the variance of Section 34-114(17) of the Code of
Ordinances for Starting Over Addition be denied.
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111r, Moreno: Second.
Sir. Powell: On the other side of the argument I have been involved with a lot of projects that
are funded by grant. You have so many dollars to work with, there are no more dollars. A
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Minutes
June 25, 1997
Page 10
$1,700 hitch in yovr get along can mean that it doesn't work. That's another side of the
argument. To be just honest with you sir 1 am inclined to vote with you, but I feel sympathy
for these people because of the grant situation. They don't have income yet because they
haven't been able to put anybody in there. It puts them between a rock and a hard place. I am
just again talking out loud. I have been there, 1 have been on these situations where you are
going to use funding and you only have a certain number of dollars and you plan it down to the
penny and then wham you are hit with a situation like this that wasn't expected and when you
are on the other side of that issue you feel like the City has slapped you in the face with a sack
of nickels. Rightly or wrongly, that's how you feel because you were ready to go, you were
ready to get income and you can't do it because you can't get a CO. It bothers me that we hold
CO's up for so many, what I call little thi-qs. Now I am just talking. If there was a way, and
there probably isn't, to give people like tl,is their CO based on the sidewalk being put in within
a certain number of months, years, days. I don't care. They could begin to generate income and
pay for the sidewalk. 1 have seen it before with other businesses. They thought they bad it
made. They thought they had it to the point where they could get a CO. They go to the City
get the CO and slam, you have to close off that drive way, or you got to do something that h
wasn't mentioned before. Or at least they say wasn't. I have been in construction business, I
have had to work with these people. 1 have gone so far as to do the work and pay me in six
months, because I know you have to get it open to generate income to pay me. Made a few
friends, 1 am just between a rock and a hard place on this, because I have been in construction
business and help people get through a situation like that, by the way they say, that the city came
up with it at the last minute when we went for the CO. I just wish there was another way out
and if there isn't I am probably going to vote with your motion. The whole situation bothers
me.
Mr. F,ngelbrecht: I would like to respond to that. 1 have thought about the $1,700 as well. To
get into the situation of this entity I have the same feeling. Always on a shoe string, always
right at the edge with the funding in particularly early on. However in this situation, it wasn't
that a building inspector came along and change their mind after the fact. In this case, the rules
and regulations regarding the conveyance plat were available to anyone to read them. I have
little less infinity in this case for the petitioner in regard to that issue. 1 know what you are
saying.
• Ms, Russell: As I see it, the reason we don't go ahead and say ok do it in six months is, if its
not done then what do you do.
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Mr. Powell: That is the other side of the coin. It is very difficult to do anything at that stage
of the game. That is why I am probably going to vote with the motion. I just wish there was
a way out of this mess other than what we are doing and I don't see it and I'm not saying
® a,.ybody else should have done something. I just sympathize and empathize or whatever and I
am probably going to vote that way anyway. •
Nis. Russell: The other part of that is that everyday a lot of people call staff and say I'm
thinking about this and this and may I talk to you about it. You sit down and talk to them, they
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Minutes
June 25, 1997
Page 11
are experts in their fields and experts make mistakes or they don't see the total picture or maybe
I think of doing something a little different and it seems to me there won't be any difference
here. If we get so that staff can't counsel with us prior to sitting down with DRC, then they are
going to quite talking to us and I for one need that preliminary and there are a lot of people that
do. It is kind of a difficult situation. If you want to be able to run something by them and let
them give you their best guess, then you have to know that until you sit down with everything
that you have before them, they are not going to research, they can't research everything so I
understand it is difficult.
Mr. Jones: The only comment I would like to make is that we have heard this in the last two
years before that we were told this and then... The only thing I would say is :hat if we are
going to give preliminary brainstorming we need to be a whole lot more careful to make sure
they understand that that's all that was and it wasn't anything else but that. These are options
that have to be pursued, nothing is saying that we can do this or can't do this, because we have
heard this plenty of times before and I know where it is coming from as far as the person who
has got a project there are looking for the easiest way out and that's what they're hearing. We
just need to do a better job and make sure they are not hearing that.
Nis. Russell: Anything else? Any comments? Are you prepared to vote on the motion. All
in favor of the motion, please raise your right hand. All opposed same sign. Motion passes. b
(6.0)
b. Consider the preliminary plat of Lots 1 and 2, Block A.
Ms. Russell read agenda item.
Ms. Bateman: In light of the fact that you have recommended denial of the sidewalk variance,
this is the entire twelve acre tract, or approximately twelve acre tract. Staff does recommend
approval of it if you glace the added condition on there that the sidewalk be shown on the
preliminary plat. I wih be happy to answer any questions.
Ms. Russell: Will we hold them up any, could they move forward and get the sidewalk shown
to you?
Ms. Bateman: If you place the condition on it tonight that you approve the preliminary plat with
the condition the sidewalk be stiown then they won't need to come back to you, but if you deny
it due to the sidewalk being shown they will have to bring it back. We could have both the
preliminary and final on tonight but in light of the sidewalk variance you can't approve a final
until the variance has been consi&red by council.
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Mr. Jones: Is there a possibility that if they do that and instead of holding them up for their CO
until the sidewalk is put in, if they put on deposit $1,700 can they get their CO.
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Agenda No. 0.34
Agenda Item ~7
ORDINANCE NO. Date - I -q
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTR_aCT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EYSENDIPJRE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECT IVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFOkE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION. 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
2050 ALL EMPIRE INDEMNITY INSURANCE COMPANY 531,994.00 r YR.
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 111. That should the City an i persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the Written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
0 specified sums contained in the Bid Proposal and related documents herein approved and accepted. 0
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SECTIO'NAV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTIOXY. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED ANC 'APPROVED this day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY: - - -
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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SUPPLY.ORll
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DATE: JULY 1, 1997
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CITY..COU1yCI1, REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID # 2050 - PUBLIC OFFICIALS AND EMPLOYEES LIABILITY INSURANCE
RECOMMENDATION: We recommend Bid # 2050 Public Officials and Employees Liability insurance
be awarded to the lowest bidder, Empire Indemnity Insurance Company, with an option to renew for two
additional one year terms, in the amount of $31,994.00/yr.
SUMMARY: This bid is for the purchase of Public Officials and Employees Liability Insurance. The
policy is for $1,000,000 coverage with a $25,000 deductible. Coverage includes:
' The Public Entity
• Elected & Appointed Officials
' Members of the Board, Commission et al
• Employees of the Public Entity
• Esta!es, I{eirs, Legal Representatives
' Volunteers for the Entity
The lesser price offered by Calvert Insurance Company failed to include choice of Counsel or Employment
Practices coverage. `
PROGRAMS, DEPARTMENTS-OR-GROUPS- AFFECTED. All public officials, employees and
volunteers for the City of Denton.
FISCAL. IMPACT: The policy premiums will be paid from risk retention funds.
Attachments: Tabulation Sheet
Memorandum from Max Blackburn, Risk Manager
Respectfully submitted:
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• Executive erector of Finance
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Approved: \I_ i
Name: Tom Shaw.
Title: Purchasing Agent
86 B.ACEWA
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RIDNNME R7ILICO9FICLALAND NATIONAL TML E\IPIRI CALVERT %.4
EMPLOT7'LS LLARILIT' 9NSU RlNC'E UNION L\D[%IT' ENSLRUVCE RIGO
OPEN DATE .10E 141997 TIRE CO
TUT--.-.DLKDIPTON \SSIDOA S'[NDOR__-._\L\DOR _-.-VENDOR M[N'DOR
I %R FILL ANNUAL PRESIR?E 5II,IDt.D9 [7E977110 WI."&" w%wa99 NORID
EAILEDTO
MLET RID
REOLIRLMEN71
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CITY OF DENTON, TEXAS MU1J10PAL 8U![DlNG, 215 E. McKlNNEY, Df~VTON, TX 76201
19401349.8200 WN METRO (972) 434.2529
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: June 13, 1997
SUBJECT: PURCHASE OF PUBLIC OFFICIALS AND EMPLOYEES LIABILITY
INSURANCE (Bid 92050)
RECOMMENOATEON: That the City Manager be authorized to award an insurance
contract to Empire Indemnity Insurance Company for Public Officials and Employees
Liability Insurance with an option to renew for two additional years. Policy will
include Employment Related Practces and Choice of Counsel Endorsements as
outlined in the bid specifications.
SUMMARY: Due to the continuing "soft" insurance market, multi-year contract, and
the City's claims history, the 1997-98 premium has been reduced by $13,541 to
$31,994. A summary of quotes is listed below:
m n ove a Deductible Premium
National Union Fire $1,000,000 $25,000 $41,101
Texas Municipal League $1,000,000 $25,000 $78,837
e Calvert Ins. Company $1,000,000 $25,000 $30,000
(w/o Choice of Counsel r
or Employment Practices) !
Empire Indemnity Ins. $1,000,000 $25,000 $31,994
® Calvert Insurance failed to meet the minimum bid specifications and is therefore O a
eliminated from consideration. Empire Indemnity is the lowest, responsible bidder and
provides this type of insurance to many public entities in the metroplex.
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To Mayor and Members of the City Council
Subject: Purchase of Public Officials and Employees Liability Insurance IBid #2050)
Page 2
PROGRAMS. DEPARTMENTS 0RQRQUPS AFFE9.TED: All public officials, City
employees, and volunteers for the City will be covered under this policy.
FISCAL IMPACT: Premiums wili be paid from the Risk Retention fund.
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
Blackbtrn
Risk Manager I
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Approved by:
Keth e
Executive Director of Finance
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Ageoda Item
Data r
ORDINANCE NO,
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
RIIEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that he herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
W1iEREAS, 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 IIF,REBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
2058 1,2 GENERAL ELECTRIC EXHIBITA
2058 J PREFERRED SALES EXHIBIT %
2058 A TECHLINE EXHIBITA
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
• agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents. f
SECTION 111. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby i~
authorized 10 execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified b tms contained in the Bid Proposal and related documents herein approved and accepted.
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SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTIOU V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this -day of 1497.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: t
IIERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.ORD
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BION_._.
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BID NAME DISTRIBUTION TRANSFOMIEPS I GE PREFERRED TECHLINE
SALES
OPEN DATE JUNE 3,1997
_ VENDOR_~ EX
N TY _ DESCRIPTION . } ENDOR _ VENDOR
ti,
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2 '300hN.A 1201208 i 55,150.00 _
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2~ 7~SOOKVA12DR08 _ 56,41900~_.,_-
J _2r500kVA277480 I~DELTA 1201240
55,332.98
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DATE: JULY 1, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of finance
SUBJECT: BID H 2058 - DISTRIBUTION TRANSFORMERS
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RECOIN11MLENDATION: We recommend this bid be awarded to the low evaluated bidder for each items as
listed below:
ITEM QTY USCRIPTION VENDOR U-NIT._PPACE
1. 2 EA 300 KVA 120/208 General Electric $5,250.00
2. 1 EA 500 KVA 120/208 General Electric $6,410.00
3. 2 EA 500 KVA 277/480 Preferred Sales $6,629.00
4. 1 EA 300 KVA DELTA Techline $5,332.98
For a total expenditure of $35,501.00
SUMMARY: This bid is for the purchase of distribution transformers to be used as replacements and for new
installations in various areas of Denton. The low bidder is determined by using the load loss figures to find the
lowest operating and purchase cost of the estimated life of the transformer.
Bids were mailed to twenty-two vendors with responses received from seven vendors.
PROGRAMS, DEPARTMENTS_ORGROUPS AFFECTED: Electric Distribution, Electric Utilities, and
Flectric Customers of the City of Denton.
E
FISCAL I-MPACT. Budgeted funds for 96/97 for transformer purchases, account 610-103-1031.9222.
Attachments: Tabulation Sheet
Bid Evaluation from Don McLaughlin, Sr. Engineer
Respectfully submitted:
a u e
Executive rrector of Finance
Prepared by:
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ame: erase arpoo
Title; Senior Buyer
' • Approved:
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Dame: Tom Shaw, .F;i.
Title: Purchasing Agent
695.AGEMA
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BIDR 2056
lBIDNAME D ISTRISLT ION TRANS FORMERS SESCO K'I-" GE PREFERRED TEAIPI,E Im TECTILIN£
SALES ELECTRICAL
OPEN DATE JUNE J,1997
R, j_.QTY ~ DFSCRD'TlON ..VENDOR. __-VEDfDOR \'ENISOR \EAiDOR__. _\'E.VDOR._. ,_YE.1aOR_. _\YN'DOR_..~
300K VA _$5,261.90_-.. .._f6,_"Soo . S5457AO 55,x7935
1)
SOOA 120,709 130,306 206 _ fTd56.N fTAI[N. f6•i10.N t f6d0f.N S. t3,S.N f1A75.NF f6336.30i
1 SWKVA ~'---I-
_ , U N ~ f - 37 1~nEt.TA U7Pn e.. f6,366.N _ NO BID POBD.N I No Bm~ -NO BD , -%,720,"I
._f5_33 -3.11
i 500 KVA
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NO BID RESPONSES
DEALERS ELECTRICAL
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Locations
♦ Two 300 KVA 1201208 volt pad mounted transformer
D.1. S. D. Technical Center
Denton Bible the Learning Center
One 500 KVA 12MOS volt pad mounted transformer
Calhoun Middle School Main Building 1997
• Two 500 KVA 2771460 volt pad mounted transformer
Calhoun Middle School Main Building 1997
Maintenance and Operation
a One 300 KVA 120!240 volt delta pad mounted transformer
OH to UG Conversion Down Town V
Description Quantity Unit Coat Cost
300 KVA 12_0/208 2 5200 10500
Padmount
500 KVA 1201208 _ _1 6410 6410
Padmount
500 KVA 2771480 2 6629 13258
Padmount
900 KVA 1201240 - --~1 5332.98 5332.98
Padmount delta
dl Total Cost $35,501
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Sincerely
t) Donald 1.. Mcl nughlin O
Attachments:
L Llhubil 1, Lo!s /Cost Evaluation
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Bid Evaluation
Bid Number
2058
Description 99900016 TRANX., 3PH UG 300KVA 1201208
Quantity 2 Load Factor 0,38
Vendor / Mfg. NI. W'L Cost Delivery Evaluated Cost
GE / GE 680 1720 55,250.00 64 518,856.56
Prefened / Pauwole 474 2294 $5,261.00 84 $28,994.72
Techline / Howard 505 2394 $5,279.55 96 $29,63233
KBS / Cooper 536 2111 55357.00 133 $29,932.38
WESCO / ass 470 2348 ;5,578.00 84 530,203.82
Temple / GE 145 2603 $6,466.00 40 $31,304.; 1 \
San Angelo / San Angelo 623 2400 $6.004.00 90 533,083.14
Description 99900017 TRANX., 3PH UG SOOKVA 1201208
Quantity 1 Lrad Factor 0,38
Vendor/Nljg. NI, W'L Cost Delivery Evaluated Cos:
GE / GE 740 3760 $6,410,00 64 $3P,736.24
Preferrd / P:Uwe13 645 3183 $6.806.00 64 540,356.00
Techlire / Howard 765 4008 $6,53820 98 $41,163.07
• WESCO / ABB 994 Vol $7,016.00 84 $41,487.74
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KBS J Cooper 861 3377 $7,075,00 133 $41,77917
Temple / GE 189 5153 $7,528,00 90 643,334.61
San Angelo / San Angelo 1108 5300 67,85600 90 $52,56578
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.Monday, June 09,1997 7 Page 1 of 2
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Description 99900022 TRAMS. 3PH UG 500KVA 2771480
Quantity 2 Load Factor u.36
Vendor I IIfg. NL WL Cost Delivery Evaluated Cost
Preferred / Pau"s 646 3337 $6,629.00 84 538,370,63
GE / GE 700 3714 $6,250.00 84 $38,718.52
WESOO / ASID 876 3256 $6,29600 64 $38,888,33
Tecr,llne / Howard 770 3717 $6,237.30 N 539,266.33
KIDS / popper 612 2820 $7,12200 133 $39,766,52
Temple / GE 184 4774 $7,938.00 90 543,472.02
San Angelo / San Angelo 1108 5:.00 $7,50600 90 $31,382.78 r
Description 99900047 TRANXS..., 3PH DELTA, 12012410 300 KVA
Quantity 1 Load Factor 038
Vendor/Alfg NL 01! Cost Delivery Evaluated Cost
I
Techine / Howard 509 2361 $5,332.98 126 $29,741.76
San Angelo / San Angob 623 2400 $6,26a_00 90 $34,043.06 .
KIDS / Cooper 1030 3124 $5,720.00 133 $41,186.64
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Monday, June 09,1997 Page 2 of 2
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Agenda No ~
Agenda Item
Dale
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DE'.NTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE THIRD AND FOURTH QUARTER 1997
PAYMENTS 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 contract 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:
SECTION 1. That the expenditure of funds in the amount of 560,000.00 to be paid
to Texas Natural Resource Conservation Commission, is hereby authorized.
SECTION II. That this ordinanceshali 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. -
1 ! JI
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
+ - -
BY: • •
F66. ORD
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-_.__•m .err -
•
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DATE: JULY 1, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DUBose, Executive Director of Finance
SUBJECT: PURCHASE ORDER # 75699 TO TEXAS NATURAL RESOURCES CONSERVATION
COMMISSION (TNRCC)
RECOMMENDATION: We recommend purchase order # 75699 to TNRCC be approved in the amount
of $60,000.00.
SUIIIMARY: This purchase order is for +he 3rd and 4th 1997 Quarterly payment to the TNRCC in the
amount of approximately S30,000.00 per qua-ter. The payments are or Solid Waste Permit Fees based upon
the tonnage placed in our landfill.
In the past we have presented each quarterly payment to council in the form of a check request. This causes
delays that could lead to late fees being assessed. Approval of this purchase order will expedite required
payment to TNRCC.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Texas Natural Resources Conservation
Commission City of Denton Landfill
y II Opent' , ions.
P
FISCAL BIPACT. Each quarterly payment will be made as invoiced from budget hwAs, Account # 630-
024-0803-8982.
Attachments: Purchase Order #75699 to TNRCC
Respectfully submitted:
11
.1~ 056 .
a e
Executive rector of Finance
Approved:
i
O Tame: om aw,
Title: Purchasing Agent
a93.AGENDA
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. 1 a wJ i.
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PLHiCHASE ORDER NO: '15499 THIS IS A xxx
This number must appear on all CONFIRMING ORDER f
invoices, delivers slips. case. OF MARKED)
ctns,, coxes, packing slips and bills. DO NOV DUPLICATE
Req Na Sid Na Osts 06 16 97 Pays No 01 EXAS
PURCHASING 01VISIION / 9001 B TTEEXAS SONf TI DENTOR TEXAS 76201-4354
817/383-7100 DIFW METRO 8171287-UC42 FAX 8171383-7302
VENDOR T. N. R. C. C.
NAME/ P.O. BOX 13089 DELIVERY CONFIRMATION ONLY 023
ADDRESS ADDRESS SOLID WASTE DEPARTMENT x
AUSTIN TX 78711-3089 901 A TEXAS ST n
DENTON, TX 76201
VENDOR NO. TNR49000 DELIVERY QIJOTED 01 15 97 FOB DESTINATION BUYER TE TERMS
: 11 Mal 19101
ex
-UK I
001 60000.00 SS VENDOR CAT. i N / A MFG NAME 1.000 60,000.00
CITY / 96132
T.N.R.C.C SOLID WASTE FEE FOR 3 AND 4 QUARTER
•
P OE TOTAL 1 60,000.00
OR ND TOTAL-: 60,000.00
0 ( 01 630 024 0803 8982 60,000.00 •
4INOOA NSTAUCTIQNS 3. Terms Net 30 dMn..r.~...,. K•at
1. Sent wwad bwloe with a 1ysaM ~a 4, Seipplnp RntrucUorts FAR Destiestise prepaid u+....a.....,...u
I N11 q • Acq~tt4 P # } 3 in prket IilleltMa sales tea sfir! N ncluAs4
star
Willi
PURCHASING `
`.wa«r•*~.p ~`-.:trer'~xSM `~~~ixxmiamLTw4:(a:yr ~:.i:.~...~. -
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Agenda No
Agenda Item
Date?
ORDINANCE No.
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
PURCHASE ORDER BETWEEN THE CITY OF DENTON AND; DEPARTMENF.OF
INFORMATION RESOURCES PROVIDING FORA DECREASE IN THE PURCHASE ORDER
PRICE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on 06-03.97, the City awarded a purchase order for PO# 75355 -PURCHASE
LICENSED SOFTWARE in the amount of $200,418.33; and
WHEREAS, the City Manager having recommended to the Council that a change order be
authorized to amend such purchase order with respect to the scope and price and said change order
being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREB Y ORDAINS:
SECTION J. That the change order decreasing the amount of the purchase order between
the City and DEPARTMENT OF INFORMATION RESOURCES copy of which is attached hereto,
in the amount of ONE HUNDRED TWENTY EIGIIT_THOUSAND FIVE HUNDRED SIXTY
FIVE and 09JI00 Dollars ($128,565.09), is hereby approved and the expenditure of funds therefor
is hereby authorized. The purchase order amount is amended to read $71,853.24.
SECTION It. That this ordinance shall become effective immediately upon its passage and
approval
E
PASSED, tND APPROVED this the day of _ 11997.
JACK MILLER, MAYOR
ATTEST:
r
• JENNIFER WALTERS, CITY SECRETARY
BY:
J
APPROVED AS TO LEGAL FORM:
I HEBERT L PROUTY, CITY ATTORNEY
• i,
BY:- - f • O
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DATE: JULY 1, 1997
I
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: PURCHASE ORDER #75355 - DEPARTMENT OF INFORMATION RESOURCES
RECOMMENDATION: We recommend this change order #I decreasing the order by $128,565.09 be
approved and the purchase order amount be revised to $71,853.24.
SUMIN ARY: This change order allows us to take advantage of existing City owned software licenses and
also allows us to take advantage of less expensive sources of software from other Qualified Information
Resources Vendors. The overall integrity of the new information services networking system will not be
adversly affected.
Some soh-ware acquisition is being redirected to other vendors and some simply eliminated as duplicates.
Information Services Advisory Board recommends approval.
PROGRAMS, DEPARTMENTS -OR GROUPS AFFECTED. Information Services Division and PC
users throughout the City of Denton organi-ation. 1
FISCAL IMPACT: $128,565.09 will be returned to account 4468-044•COMP-9647-8502 for redistribution.
Attachments: Purchase Order 8 75355 i
Respectfully submitted:
u
ath3~DuBq~k
Executs~e ' ector of Finance f
• Approved;
ame: om aw,
Title: Purchasing Agent
• 891.WENDA t
2
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•
•
PUIIC1IASE ODDER NO: sh4 THIS IS A I XXX
161% ne•Q,nt rnrr:l miKrom rv+ etl CONFIRMING ORDER Ill
invoices, dolrvery slips, cases, . (IF MARKED)
ctns., boxes, pa inp slips " bills, '
DO NOT DUPLICATE
Rey Na Gid Na FILE #2045 Dale: O6 16 97 Pape No. O1
CY OF DEN PURCHASING DIVISION 11 9011- TEXAS 6TTREEI DEEN OR TEXAS 76201-4354
8171383-7100 O/FW METRO 6171267-0042 FAX 8171383-7302
VENDOR DEPT. OF INFORMATION RESOURCES
NAME/ P 0 BOX 13564 DELIVERY CONFIRMATION ONLY C11
ADDRESS ADDRESS INFORMATICN SERVICES
AUSTIN TX 78711 601 E HICKORY
DENTON, TX 76205
STEPHANIE MILLER
VENDOR NO. DEP11000 DELIVERY OWTED 07 15 SP7 FOB DESTINATION BUYER "S TERMS
I
001 71853.24 LT VENDOR CAT. 1 N / A MFO MAKE 1.000 71,853.24
CITY 1 7.0582
NETWORK AND WORKSTATION SOFTWARE FOR 600 NODES AND 500 USERS
i
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P OE TOTAL It 71,853.24
OR NO TOTAL t 71,853.24
• 01 468 044 COMP 9647 9103 71,853..24 •
{
- S. a,VFNOOR INSTRUCTKIN , 3. Tvms - Net 30
L Sand eryi J bwrce with di copy d. Wppinp instructions F,6a 0estinnien prepaid &M..+v«e.U
6e 'vrc'+ded i
L Bill to Ilountf Peyeble No federal or stele Wes es tams stall Ite
. 6 61 prices billed ve esusp sloe I
216 E. McKirsuy I
PURCHASING c
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Agenda No.
Agenda Itrm 44- I
Dale 7 r -
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
PURCHASE ORDER BETWEEN THE CITY OF DENTON AND; NTCS, INC. (DENTON)
PROVIDING FOR AN INCREASE IN THE PURCHASE ORDFR PRICE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on 05-21.97, the City awarded a purchase order for PO# 75354 -MEMORY
UPGRADES, HUBS, ROUTERS AND. SWITCHES, NETWORK PRINTERS ANTI) FILE
SERVERS in the amount of 5745,489.03; and
W}IEREAS, the City Manager having recommended to the Council that a change order be
authorized to amend such purchase order with respect to the scope and price and said change order
being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the change order increasing the amount of the purchase order between
the City and NTCS, INC. (DEN TON) copy of which is attached hereto, in the amount of EIGHTY
SIX THOUSAND TWO HUNDRED FORTY SIX and 961100 Dollars (586,246.96), is hereby ~
approved and the expenditure of funds therefor is hereby authorized. The purchase order amount
is amended to read 1,735.99.
SECTION 11. That this ordinance shall become effective immediately upon its passage cnd
approval.
PASSED AND APPROVED this the day of _ 1997.
JACK MILLER, MAYOR
• ATTEST:
JENNIFER WALTERS, CITY SECRETARY
r
BY:
APPROVED AS TO r,EGAL FORM:
• HEBERT L. PROUTY, CITY ATTORNEY
• •
B1':
1
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Ali,
•
DATE: JULY 1, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FRW t: Kathy DuBose, Executive Director of Finance
SUBJECT: CHANGE ORDER #1 TO PURCHASE ORDER 075354 TO NTCS, INC. (DENTON)
RECOMMENDATION: We recommend chajtgge order # I in the amount of $86,246.96 be approved and
that purchase order 475354 be revised to $831,715.99.
SUMMARY: This change order reflects revisions recommend by the Information Services Division and
the design consultants for the new information services network and approved by the Information Services
Advisory Board. The char es allow the City to take advantage of existing equipment and lesser negotiated
pricing for NTCS, Inc. a Qualified Information Services Vendor of the State of Texas General Services
Commrssron.
The integrity of the overall information sen'ce network system dill not be adversely affected.
PROGRAALS,DEPARTMENTS OR GROUPS AFFECTED. Infonnation Services Division and all PC
users throughout the City of Denton organization.
FISCAL IMPACT: The additional funds will come from a reduction change order to Department of
Information Resairces purchase order # 75355, Account # 468-044-COMP-9647-9103.
Original PO approved by Council Revised Amount Requested
NTCS, Inc. $745,489.00 $831,735.99
D.1. B. $20,418.33 $ 71,853.24
$945,907.33 $903,589.23
Combined change order result is a $42,318.10 reduction 1n approved expendi,ure.
Attachments: Purchase Order # 75354
Respectfully submitted:
o ~a S L
96~t , 0. ~ a u o
Executive ector of Finance
Approved:
Name: om :~FiawZT~vT-
Title: Purchasing Agent
892. AGENDA
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PURCHASE ORDER NO,. '+53,4 THIS IS A I XXX
this nurnbor must appear on NI CONFIRMING ORDER Ilt
Invoices, dehvery stops, uses, a (IF MARKE91
tins, boxes, packing aliq and blur. DO NOT DUPLICATE -
Rey No! Bid No: FILE 12045 Date: 06 17 97 Page No. 01
CITY OF DENTON TEXAS j
PURCHASING DIVISION 1901-B TEXAS STREET 1 DENTON. TEXAS 76201-4354
8171383-7100 D/FVV METRO 8171267-0042 FAX 8171363-7302
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 76205 r+
STEVE MEEKS
VENDOR NO. NTC49100 DELIVERY QW1EO 07 15 97 FOB DESTINATION BUYER TS TERMS
tltl
IM I
001 126301.64 LT VENDOR CAT. i N / A MFG MAKE 1.000 126,307.64
CITY / 20536
MEMORY UPGRADES TO EXISTING PCIS TO MEET MINIMUM
CONFIGURATION
i
002 281695.00 LT VENDOR CAT. 4 N / A MFG NAME 1.000 281,895.00
CITY 4 28578
NETWORK HUBS, ROUTERS AND SWITCHES
003 212294.35 LT VENDOR CAT, / N / A MFG NAME 1.000 212,294.35
CITY # 2Vb47
NETWORK PRINTERS
004 181684.00 LT VENDOR CAT. i N / A MFG ,'AKE 1.090 181,684.00
CITY / 20582
FILE AND APPLICATIONS SERVERS
P GE TOTAL t 802,180.99
1.4No0R INSTRUCTIONS 3. Terms • Net 10 w.,, •a~~,• r•„"u
1. Send orlill Invoke with dapl eale copy. 4. Shipping instructions F OIL Oestinatioe prepaid
2 Bill to - AccaunU flyable i S. Ne federal or state sales tax sMI11o Included _
215 E. W" SL In prkn ►'lled ~+7s c mg vision
Qentar, ix 7i201.4IS! . PURCHASING 4
a
•
PURCHASE ORDER NO: 'JL3'~4 'fills IS A 3XX
This number moil appear on an WIFIRIVIll ORDER
krvoices. delivery slips. cases. (IF MARI(ED)
ctna, boxes, packkq slips wW bins. . DO NOT DUPLICATE
Re4 No: Bid No: FILE #2U45 Date: 06 17 97 Pape No. 02
CITY OF DENTON TEXAS
PURCHASING DIVISION i 901-A TEXAS STREE} i DEN70K TEXAS 76201-4354
817J383-7100 DJFW METRO 6171267 1042 FAX 8171383-7302
VENDOR NTCS, INC. (DENTON)
NAME/ 3801 I-35 NORTH DELVERY CONFIRMATION ONLY C11
ADDRESS SUITE 126 ADDRESS INFORMATION SERVICES
DENTON TX 76207 601 E HICKORY d
DENTON, TX 76205
STEVE MEEK9
VENDOR NO. NTC49100 DELIVERY OU)TED 07 15 97 FOB DESTINATION BUYER T9 TERMS
LIM a, fWk -01
i
005 29555.00 LT VENDOR CAT. # N / A MFG NAME 1.090 29,555.00
CITY # 20587.
SERVER BACKUP SOFTWARE
1
•
P GE TOTAL t 29,555.00
GR ND TOTAL : 831,735.99
#1 01 466 044 COMP 9647 9103 931,735.99 •
v
VENDOR IN5IALCTNkIS I 3. Terms • Net 30 a • M.'r,,1 E
1. Sand sogied "Ice with duplu,4ls co". Shipping "tructimn F.0,6. Oestiination repaid ss+.., ,e«~. is q..4.,l
2 Bin to - Acawnts Pryslb I S. No fedeid or stns sdps 4a 06:11 be LutuLe4
21S E Md( s.ey St in rites, lined -Fsrcfias np Division
C~ntan Tk 71701.42!1 j PURCHA.SINO
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' Agenda No
Agenda liem----
ORDINANCE NO.
AN ORDINANCE PRO VI DING FOR TIIE EXPENDI IURE OF FUNDS FOR PURCHASES OF
MATERIALS OR EQUIPMENT w'HICI I 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.
AIIEREAS, Section 252.022 of the Local Government Code provides that procurement of items
tha! 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 pans 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
WI IEREAS, the City Council ssishes to procure one or more of the items mentioned in the above
paragraph, NOW, THEREFORE,
THE, COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following purchases of materials, equipment er supplies, as described in
the "Purchase Orders" attached hereto, are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
75700 HYDROLABCORPORATION $16,915,00
I
SECIION II. That the acceptance and approval of the above items shall not constitute a contract
• between the City and the person submitting the quotation for such items until such person shall
comply with all requirements specified by the Purchasing Department.
SECTION III, Ihat the City Manager is hereby authorized 10 execute Fny contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
• authorized.
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SECTION 1V. 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
P
t
BY:
{
APPROVED AS TO LEGAL FORM:
IIF.RBF.RT L. PROUTY, CITY ATTORNEY
BY:
SOLE SOURCE
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DATE: JULY 1, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: PURCHASE ORDER # 75700 - HYDROLAB CORPORATION
RECOMMENDATION: We recommend purchase order #75700 to Ilydrolab Corporation be approved in
the amount of 516,915.00.
SUMMARY: This purchase order is for the sole source acquisition of equipment for the monitoring of
storm water. It will be utilized in conjunction with the University of North Texas research project with the
City of Dt:nton as a subcontractor approved by Council at a previous meeting on June 3, 1997. The project
known as "Demonstration of Improved Monitoring end Oversight Strategies for Municipal NPDES Program
Project" is intended to perform a 3 year study of water quality at the outfall of Pecan Creek to Lake Lewisville.
The equipment listed on this purchase order is for all practical purposes a floating lap top computer utilized
for data collection and telemetry relay to the Water Reclamation Plant, Service Center and UNT.
The equipment is available from only one source and Is protected by patents and copyrights. In addition it
must be compatible with existing equipment owned by UNT.
Chapter 252 of the Texas Local Government Code exempts single source acquisitions from the bid process. 1
Public Utility Board recommends approval.
PROGRA,IIS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton Water Reclamation
Division, University of North Texas and TNRCC.
FISCAL IMPACT: This purchase is funded from a combination of Grant and budget funds:
Grant 285.082-NPDF,-8343 $ 9,970.00
Budget 625-082-0470-9107 $ 6,945.00
$16,915.00
Attachments: Purchase Order # 75700
• Respectfully submitted:
i
Ka u
Execu : e rector of Finance
Approved:
Name: Tom Shaw. C.P.V.-
Title: Purchasing Agent
890.ACENDA
3
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I'UHCHASE 0110EII NU: 'otoor1 THIS IS A XXX f
lln. oundm, ,nu;l ogler on all CONFIRMING ORDER
rmoices, dchvory Slips, case:. {IF MARKED)
clns, t,Oxee, packing slips and bins. DO NOT DUPLICATE
Req No, Bid No: Dale: 06 16 97 Page No. 01
PURCHASING DIVISION 1901 01B DEN SONt T~X~SEXAS 76201-4354 TEXAS 8171383-7100 OIFW METRO 8171267-0042 FAX 8171383-7302
VENDOR HYROLAB CORPORATION
NAME/ PO BOX 50116 DELIVERY CONFIRMATION ONLY C19
ADDRESS ADDRESS MUNICIPAL LAS (ENVIRON SERV)
AUSTIN TX 78163 1100 MAYHILL RD d
DENTON, TEXAS 76208
DAVID MOHR
VENDOR NO. HYR49000 DELIVERY OUOTED 07 15 97 fDB DESTINATION BUYER TS TERMS
W"f .duo,'"<zF, ..~'.f,:~,.; v7.,, 'r.;Y.'e aw d>Ww w'»",, Tafra":i `,$uG;s`.. L':LPiAhQffl
~•a w.
001 1.00 EA VENDOR CAT. #DS4 311 992 949 MFG NAME 6,825.000 6,825.00
CITY N 49396
DATA SONDE 4 MULTIPROBEI CONDUCTIVITY DO FRESH FOOD FLOW1
PHI TURBIDITY; STND MEMORY INTERNAL BATTERY PACK; TWO EXPAN3 ON
002 1.00 EA VENDOR CAT. #15010 MFG NAME 450.000 450.00
CITY # 49396
DETACHABLE CABLE (ION)
003 1.00 EA VENDOR CAT. #13390 MFG NAME 150.000 150.00
CITY # 49396
• CARRYING CASE
,004 1.00 EA VENDOR CAT. #S4 191 00 MFG MANE 2,400.000 2,400.00
CITY # 49396
SURVEYOR 4 DATA DISPLAY[ STD. MEMORY[ BAROMETRIC PRESSURE
P OE TOTAL t 9,825.00 ii
• 1
VENDOR INSTRU6DNS 3. Terms - Net 30 0 .d...^• n•r'i.u
1. Send original invoice with duplicate coy, 4. Shipping inslructionC F.0.8 Destination Prepaid aMa., .RU.I.s s,..a,..l
2. 8411 to - Accounts Payable 5. No federal or state ides ua shall to Included
215 E. McKilney St in prices lined ° v s•on
Damon. TX 71201.4104 PURCHASING
f
It 14601 1 1,
•
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•
I
PUHCIIASE ORDER NO: '1r.7uu THIS IS A XXX +
II Ilns rntndun naCl 2145ci oil all CONFIRMING ORDER
invoices, delivery sops, cases, . (IF MARKED}
tins„ boxes, Packing shPS and bills DO NOT DUPLICATE
Req No Bid No Dale: 06 16 97 Page No 02
CITY OF DENTON TEXAS
PURCHASING DIVISION f 901-B TEXAS STREET / DENTON. TEXAS 7620 1-4354
8171383-7100 DJFW METRO 8171267-0042 FAX 817/383-7302
VENDOR HYROLAS CORPORATION
NAME/ PO BOX 50116 DELIVERY CONFIRMATION ONLY C19
ADDRESS ADDRESS MUNICIPAL LAB (ENVIRON SERV)
AUSTIN TX 78763 1100 NAYHILL PD
DENTON, TEXAS 76208
DAVID MOHR
VENDOR NO. HYR49000 DELIVERY QUOTED 07 15 97 FOB DESTINATION BUYER TS TERMS
TY i Ip W..
005 1.00 EA VENDOR CAT. 013150 MFG NAME 50.000 50.00
CITY 149396
SURVEYOR 4 TO PC ADAPTER
006 1.00 EA VENDOR CAT. 113500 MFG NAME 95.000 95.00
CITY 0 49396
SURVEYOR 4 ADAPTER
007 1.00 EA VENDOR CAT. IDS4 319 994 949 MFG NAME 6,375.000 6,375.00
CITY 0 49396
DATASONDE4 MULTIPROBEt CONDUCTIVITY DO FRESH FLOW PHI
• EXTENDED MEMORY, INTERNAL BATTERY PACK; TWO EXPANSION PORTS
008 1.00 EA VENDOR CAT. 015015 MFG NAME 475.000 475.00
CITY 1 49396
DETACHABLE CABLE (15111)
P .GE TOTAL t 6,995.00
•
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VENDOR 1. Send Norigi al InESIRATIONS ice with ~duStcaU copy 3 4- TShippierms ng • inb Net 30
dkdens: F.00 Destination fwepeid ow....w..,. v.=,cw
L Bill to - Accounts Payable S. No federal or stale faits tall short be Inclu6ed Ifl
y C ng vision
216 McKin
canton, IX 71271.4711 PURCHASING
e
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PURCHASE ORDER NO: '1i1'Illli THIS IS A XXX
Rns n.urd.m mu:l appear on all CONFIRMING ORDER
invoices, delivery slips, cases, OF MARKEDI
cins„ boas, px►inq dips and bills. . DO NOT DUPLICATE
Req. No: Bid Na Date- 06 16 97 Pape No, 03
PWCHASING DIVISONII 9001 B DEN SON{ /rDENTON. TEXAS 76201-4354 TEXAS 817/383-7100 DOW METRO 8171287-0042 FAX 817/383-7302
VENDOR HYROLAB CORPORATION
NAME/ PO BOX 50116 DELIVERY CONFIRMATION ONLY C19
ADDRESS ADDRESS MUNICIPAL LAB (ENVIRON SERV)
AUSTIN TX 78763 1100 MAYHILL RD `p
DENTON, TEXAS 16208
DAVID MOHR
VENDOR NO, HYR49000 DELIVERY OLIOTED 07 15 97 FOE DESTINATION BUYER TS TERMS
f.. ,y, ;ikas..°~%"'r~.<. ~„.w., .4 fA '~,S ~`,8.n E£@'::?^° •;;@~° r e.~; W"~ ~,.{`,ri.~E ~ M:. Rs.»~i:`..,
009 1.00 EA VENDOR CAT. 0113910 MFG NAME 95.000 95.00
CITY 1 49396
CALIBRATION STAND (UNT)
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P OE TOTAL a 95.00
GR ND TOTAL a 16,915.00
• 01 285 082 NPDE 8343 9, 970. 00 •
02 625 082 0410 9107 6,945.00
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VENDOA INSTRUCAONS: . 1. tame Nei IO a1.r... Aarnr
1, send atillo l Inyolu with 041"1 copy. I 4. Shipping instrKlions: F.0.6. Deslination pipped &w.....v...+,. y.,e.dj
sill is - ounls PayIltr~r S. No federal a sins Was us dull be Waded
SL in prices billet a is v s i
t15~ ~ McKinney
PURCHASING r,
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Agenda No-111
Agenda Item t 3
ORDINANCE NO. Date
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 procur,:ment 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 he 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,
TILE 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
ORDER NUMBER VENDOR AMOUNT
75951 BOBBY CRAY $28,500.00
SECTION IL That the acceptance and approval of the above items shall not constitute a contract
• between the City and the person submitting the quotation for such items until such person shall
comply with all requirements specified by the Purchasing Department.
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SECTION III. That the City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
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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: JULY 1, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: PURCHASE ORDER N 75951 TO BOBBY GRAY
RECOMA ENDATION: We recommend purchase order 475951 to Bobby Gray be approved in the amount
of $28,500.00.
SUNIIVIARY: This purchase order to Bobby Gray in the amount of $26,500.00 is for a professional services
contract to upgrade our Employee Information System (EIS) software to be year 2000 compliant and to bring
the EIS software into compliance with new laws affecting COBRA insurance.
Bobby Gray currently serves as our consultant to maintain the EIS software on a normal activity basis and has
done so since 1986. He is a member of the original team that developed the software in 1980-81.
Information Services Advisory Board has recommended approval
PROGRAMS? DEPARTMENTS OR GROUPS AFFECTED: Information Services Division, Human
Resources Division and Civil Service Employees.
FISCAL INIPACT: Funds for this acquisition will come from 1996/97 Budget Accounts 100-044-0080-
8502 and 808-003-0008-8539.
Attachments: Professional Services Contract
Purchase Order 11 75951
Draft Minutes of Information Services Advisory Board
Respectfully submitted:
4L ~03;Ls't
at u
Execuu ctorof Finance
• A rov
Name; om aw, V.P.W-
Title: Purchasing Agent
• 8 8 9.ACEHI'A ~ _ ~ • •
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PROFESSIONAL SERVICES AGREEMENT
FOR-RIa-S OETWABE_CONVERS ION
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STATE OF TEXAS S
COUNTY OF DENTON 5
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THIS AGREEMENT is made and entered into as of the 1 day of
JULY, 1912, 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, herein after called mOWNER" and
BOBBY-CRAY, with its office at ~~0.~9_Sha^fi~x.ldln.Dx.,. ~1dD~~.Tez3s,.
75D23, hereinafter called the "CONSULTANT", acting herein, by and
through their duly authorized representatives.
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
herein are in connection with the following described project:
e ,
Modify EIS Software currently implemented by the City of Denton
to be year 2000 compliant and compliant with latest revision to
COBRA law. j
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ARTICLE TT
SCOPE OF SERVICES
The CONSULTANT shall perform the following services .n a
professional manner:
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A. To perform all those services set forth in CONSULTANT'S (herein
describe any proposal of CONSULTANT which has been provided
including the date of said proposal)
which proposal is attached hereto and made a part hereof as
Exhibit "A" as if written word for word herein.
B. If there is any conflict between the terms of this Agreement
and the exhibits attached to this Agreement, the terms and
conditions of this Agreement will control over the terms and
conditions of the attached exhibits or task orders.
ARTICLE-III
ADDITIONAL SERVICES
DELETED IN ITS ENTIRETY
ARTICLE--IV
PERIOD OF SERVICE
This Agreement shall become effective upon 3xecuticn of this
Agreement by the OWNER and the CONSULTANT 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
f the essence in this Agreement. The CONSULTANT shall make all
y reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule established by
the OWNER, acting through its City Manager or his designee.
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ARTICLE-V
COMPENSATION
A. BILLING AND PAYMENT:
For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, f
based on the cost estimate detail which is attached hereto and
made a part of this Agreement as if written word for word I
herein, a total fee, not to exceed _$2g,5DO-00 .
r 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 designee; however, under
no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement
is rendered.
Nothing contained in this Article shall rewire the OWNER to
pay for any work which is unsatisfactory, as reasonably deter-
mined by the City Manager or his designee, or which is not
submitted in compliance with the terms of this Agreement. The
OWNER shall not be required to make any payments to the CONSUL-
TANT 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
to exceed fee as stated, without first having obtained written
authorization from the OWNER.
B. PAYMENT
If the OWNER fails to make payments due the CONSULTANT for
services and expenses within sixty (60) days after receipt of
• the CONSULTANT's undisputed statement thereof, the amounts due
the CONSULTANT will be increased by the rate of one percent
(1k) 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 (1k) set forth herein if the OWNER
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reasonably determines that the work is unsatisfactory, ir
accordance with this Article V, Compensation.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due dilige.ce
in discovering and promptly reporting to the OWNER any defects or
deficiencies in the work of the CONSULTANT or any subcontractors or
subconsultants.
ARTICLR v==
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and
CONSULTANT's subcontractors or subconsultants) pursuant to this
Agreement are instruments of service, and shall become the property
of the OWNER upon the termination of this Agreement. The CONSUT,-
TANT 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 any of the information or
materials developed pursuant to this Agreement in another project
or for other purposes than specified herein, CONSULTANT is released
from any and all liability relating to their use in that project.
ARTICLE-YIII
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.
ARTI-MA]"
INSURANCE
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DELETED IN ITS ENTIRETY
ARTICLE-IX
INDEMNITY AGREEMENT
O • •
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,
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including, but not limited to court costs and reasonable attorne.,,
fees incurred by the OWNER, and including, without limitation,
damages for bodily and personal injury, death and property damage,
resulting from the negligent acts or omissions of the CONSULTANT or
its officers, shareholders, agents, or employees in the execution,
operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a
liability to any person who is not a party to this Agreement, and
nothing herein shall waive any of the parties' 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-CI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree ':o 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's approval.
ARTICLE %3.I
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either
party may terminate by giving thirty (30) days advance written
notice to the other party.
S. This Agreement may be terminated in whole or in part in the
• event of either party substantially failing to fulfill its
obligations under this Agreement. No such termination will be
affected unless the other party is given (1) written notice
(delivered by certified mail, return receipt requested) of
intent to terminate and setting forth the reasons specifying
the nonperformance, and not less than 30 calendar days to cure
• the failure, and (2) an opportunity for consultation with the ® O
terminating party prior to termination.
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C. If the agreement is terminated prior to completion of the ser-
vices to be provided hereunder, CONSULTANT shall immediately k
cease all services and shall render a final bill for services
to the OWNER within 30 days after the date of termination.' The
OWNER shall pay CONSULTANT for all services properly rendered
and satisfactorily performed and for reimbursable expenses to
termination incurred prior to the date of termination, in ac-
cordance with Article V 'Compensation'. Should the OWNER sub- i
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.
T
ARTZCF.R 211
RESPONSIBILITY FOR CLAIMS AND LIABILITIES f
Approval by the OWNER shall not constitute, nor be deemed a
release of the responsibility and liability of the CONSULTANT, its
employees, associates, agents, subcontractors, and subconsultants
for the accuracy and competency of their designs or other work; nor
shall such approval be deemed to be an assumption of such responsi-
bility by the OWNER for any defect in the design or other work
prepared by the CONSULTANT, its employees, subcontractors, agents,
and consultants.
ARTICLE I
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. Mailed notices shall be deemed communi-
cated as of three days mailing:
•
To CONSULTANT: To OWNER:
City of Denton
ATTN: _ aaRY OnT.T.TNC
Title: DIRFCTDu TNFARMnTL*D SFRy VICE t
• 215 E. McKinney •
Denton, Texas 76201
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All notices shall be deemed effective upon receipt by the party
l to whom sued notice is given, or within three days mailing.
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ARTICLE-"
ENTIRE AGREEMENT
This Agreement, consisting of, it) pages and 1 exhibits,
constitutes the complete ai.d 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 con-
temporaneous offers, promises, representations, negotiations,
discussions, communications, and agreements which may have been
made in connection with the subject matter hereof.
ARTICLE-Ma
SEVERABILITY
If any provision of this Agreement is found or deemed by a
court of competent jurisdiction to be invalid or unenforceable, it
shall be considered severable from the remainder of this Agreement
and shall not cause the remainder to be invalid or unenforceable.
In such event, the parties shall reform this Agreement to replace
such stricken provision with a valid and enforceable provision
which comes as close as possible to expressing the intention of the
stricken provision.
ARTICLEZYII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local
laws, rules, regulations, and ordinances applicable to the work
covered hereunder as they may now read or hereinafter be amended.
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ARTICLE XV1u
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT
shall not discriminate against any person on the basis of race, • •
color, religion, sex, national origin or ancestry, age, or physical
handicap.
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ARTICLE YX
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at•its
own expense, all personnel required to perform all the services
required under this Agreement. Such personnel shall not be
employees or officers of, or have any contractual relations
with the OWNER. CONSULTANT shall inform the OWNER of any
conflict of interest or potential conflict of interest that may
arise during the term of this Agreement.
B. All services required hereunder will be performed by the
CONSULTANT or under its supervision. All personnel engaged in
work shall be qualified, and shall be authorized and permitted
under state and local laws to perform such services.
ARTICLE
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 XXT
MODIFICATION
No waiver or modification of this Agreement or of any covenant,
condition, or limitation herein contained shall be valid unless in
writing and duly executed by the party to be charged therewith, and
no evidence of any waiver or modification shall be offered or
received in evidence in any proceeding arising between the parties
hereto out of or affecting this Agreement, or the rights or
• obligations of the parties hereunder, and unless such waiver or
modification is in writing and duly executed; and the parties
further agree that the provisions of this section will not be '
waived unless as herein set forth.
ARTICLE XXII '
A MISCELLANEOUS + • •
A. The fallowing exhibits are attached to and made a part of this
Agreement (list e)6hibits): NONE
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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 pertihent
books, documents, papers, and records of the CONSULTANT involv-
ing transactions relating to this Agreement. CONSULTANT agrees
that OWNER shall havo access during normal working hours to all
necessary CONSULTANT facilities and shall be provided adequate
and appropriate working space in order to conduct audits in
compliance with this section. OWNER shall give CONSULTANT
reasonable advance notice of intended audits.
C. Venue of any suit or cause of action under this Agreement shall
lie exclusively in Denton County, Texas. This Agreement shall
be construed in accordance with the laws of the State of Texas.
D. For the purpose of this Agreement, the key persons who will
perform most of this work hereunder shall be RORRY GRAY
However, nothing herein shall limit CONSULTANT from using other
qualified and competent members of its 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 pertinent to
the Project, including previous reports, any other data
relative to the Project, and arranging for the access thereto,
and make all provisions for the CONSULTANT to enter in or upon
public and private property as required for the CONSULTANT to
perform services under this Agreement.
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G. The captions of this Agreeme.it are for informational purposes
only, and shall not in any way affect the substantive terms or
conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this
• Agreement to be executed by its duly authorized City Manager, and O a
CONSULTANT has executed this Agreement through its duly authorized
undersigned officer on this the 1 day of .nMX 19 97 .
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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:
CONSULTANT
By: _
Name: SOB., MAY
Title:-----OWNER--
WITNESS:
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UWAli VI V§:J• -alt db0"_0061........ UAW OI u"Ton rY UU:•yo:' t
EIS SUPPORT SERVICES
23119 CHAMBERLAIN DRIUE, PLANU, TX 75028
(972) 596-7048 Eissuppsuc6Naol.cox
QUOTATION FOR PROFESSIOMgL SERVICES
CUSTOMER INFORMATION:
NAME: CITY OF DMaM
ADDRESS: 901-8 TEXAS STREET
DENTON, TEXAS 76221-4354 i
ATTN: PURCHASING DIVISION
STATEMENT OF YORK FOR EIS YEAR 2620 PROJECT:
Professional services to nedify all coxpoxents of the
Epployee Information System (EIS) that have been
i:aplosented by the City of Denton to insure that posting,
calculatitn and processing of dates provide for
consideration of the century in addition to the year,
xonth and day.
Fixed Charge for the York: $25,880.
STATEMENT OF YORK FOR EIS COBRA PROJECT:
Professional services to 1wdiFy EIS COBRA processing in
accordance with latest changos to the law, to IncAude
report muter ons, addition of dependent coverage
information and control of insurance data after
terlaination.
Fixed Charge for the York: $3,508.
TAORY aASUPPORT RUICES
PROJECT OFFICER
ORTE: June 16, 1991
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POItCHASL OfIOI.II NO: 7'r'l'r l 11115 IS A
Ilim lnenhim mu:h ;4qoan oil in (DNF MAR ORDER
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..n+e"s, Junvoay sups, eases, (IF MARKED)
tiro., "rot, Packing siiPe old hills. 00 NOT DUPLICATE
Rey Na Bid No: Data. 06 16 97 Page No. 01
PURCHASING DINISIION 1 901 8 TEXAS STTRREE'f TDEENTTOR TEXAS 75201-4354 ~
8171383-7100 DIFW k9TRO 817/287-0042 FAX 6171383-7302 E
FNDOR BOBBY OKAY f
AME/ 2309 CHAMBERLAIN DR DELIVERY CENTRAL RECEIVING 611
DDRESS ADDRESS INFORMATION SERVICES
PLANO TX 75023 901 B TEXAS ST
DENTON, TX 76201
VENDOR NO, GRA49050 DELIVERY QUOTED 06 30 91 FOB DESTINATION BUYER TS TERMS
001 25000.00 $S VENDOR CAT. # N / A MFG MANE 1.000 25,000.00
CITY # 93921
MODIFY EIS SYSTEM TO BE YEAR 2000 COMPLAINT
002 3500.00 SS VENDOR CAT. # M / A MFG VANE 1.000 3,500.00 1
CITY # 93921
MODIFY EIS SYSTEM TO HANDLE "COBRA" CHANGES REQUIRED BY LAW
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P OE TOTAL a 28,500.00
OR NO TOTAL a 28,500.00
• 01 100 044 0080 8502 25,000.00
02 808 003 0008 8539 3,500.00
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TND04 WSTAIJCTIONS I. Terms ' Nei 30 0+.., .a."•,. ./••,r"/1
Sea Yipihel k"ke W6 6000% t!M/, d. Shipping im4ucliorit F.OE. Desunallan prepaid W.u .w an "..IrU
Bid to • Acuams f ey11d S No federal it eWe was as sw be Include/ u v s
y S In Mices 1iNal
MTr11*T120IStlf PURCHASING k
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MINUTES OF
INFORMATION SERVICES ADVISORY BOARD
MEETING OF MAY 22, 1997
The Information Services Advisory Board meeting was held on Thursday, May 22, 1997,
at 7:00 p.m„ in the Information Services Conference Room.
NMfBERS PRESENT: Don Edwards, Lisa Green, Vicki McCombs, and
Maureen Saringer
MEMBERS ABSENT: Lupe Tovar, Warren Searls, and Renae Seely
OT1 ERS PRESENT: Gary Collins, Kathy DuBose and Harlan Jefferson from the City
staff, Steve Meek and Mark Tinker from North Texas Computer
Services, Inc.
Maureen Saringer made a motion that the minutes of the April 17, 1997 Information Services
Advisory Board meeting be approved as written. Lisa Green seconded the motion, and it
passed unanimously.
Gary stated that there were two issues regarding the laws of COBRA. Come January 1998
we run into an issue that all of our civil service employees are on a two year evaluation
period. The system at this time is not geared to be year 2000 compliant. $25,000 of the
$28,500 will be used to make the entire system be 2000 compliant in all areas not just the
next performance evaluation. The first major issue is planning on replacing that system.
Even though we are planning on replacing that system, and even though we have to get
compliant with the year 2000. In the past we have used Bobby Gray to maintain that system.
His normal fee has been about $12,000 a year. The system cost us about a quarter of a
million dollars back in 1981, so if you look at what maintenance on most systems cost you
anymore in a 10 - 15% purchase price $12,000 a year is pretty good.
• Maureen asked if he was an independent contractor on this particular project. Gary
responded he is part of the team with the company that we purchased that software from.
We have utilized him from about 1986.
Maureen also asked when that program was written. Gary stated that he wasn't for sure
when it was written but that we purchased it in 1981 and it was an existing software. What
• we are basically looking at is that we are not going out and buying a new HR system. What •
are plan is to see if we can buy a part of an integrated package. If not we will go out and
buy another full-blown package. What platform that's going to run on we don't know yet.
1 would expect what we are talking about for an HR system is another quarter million or up.
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Information Services Advisory Board Minutes
May 22, 1997
Page 2
This is a temporary fix to buy us time until that solution takes place. As you are aware, the
monies that we are going to use implement that do not become available until the fiscal year
1998-1999. Worst case scenario it could be as late as October 1998 before we will have
funding.
Kathy stated in actuality it would be until the spring of 1999.
Gary said that he would not be comfortable going out with an RFP until funding is available.
Lisa Green made the motion to recommend that the City Council approve agreement with
Bobby Gray to modify Payroll/Personnel system to handle year 2000 issues and track
Consolidated Omnibus Budget Reconciliation Act (COBRA) participants. Vicki McCombs
seconded the motion, and it passed unanimously.
Next item on the agenda was the approval for recommendation to the City Council regarding
the acquisition and implementation of the next steps in the Long Range Technology Plan.
Vicki said that she would like to see and overview from NTCS, Inc.
Steve talked about when we came into the City and looked at all the business process more
than anything there was technology in place and technology that was on the way. The
biggest thing that we did was looked at the basically the systems that were in place and the
business processes that were needed. More than anything was the different work groups and
the different executives, it just takes a long time to do a lot of things (ie adding more
capacity, good *plan, built-in flexibility, more redundancy, etc.) Steve continued to explain
the program, they (NTCS) has recommended, that will take us through the next three years.
Vicki then asked about more specifics regarding redundancy, overkill, duplication, acid
backup system.
1 Mari: stated that they did not implement redundancy as far as servers go everywhere. We
did it with strictly mission critical servers. Specifically the server that is going to control
• all mainframe access. If for some reason that server were to crash anybody and everybody
that had a mainframe system is out of luck until that machine is fixed, which means that you
would have x number of employees in the City sitting on their hands. You just are going
to have to look at if we are going to go ahead and spend $5,000 on an extra machine right
now how much money are we willing to loose with those people sitting on their hands, if it's
three, five hours day waiting on parts or whatever. Can you really quantify a number? I
® think if you would look at it like that you would see it as a no-brainer. • •
Vicki also asked if what if this was quarter million less and Mark stated that they couldn't
do it.
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Information Services Advisory Board Minutes
May 22, 1997
Page 3
Next the software (Groupwise) was discussed. Vicki said she had experienced some
problems with this software. Mark stated that yes there were some bugs in Groupwise 5.0,
but 5.1 has really been cleaned-up.
Don stated that he had a concerns with seeing this coming before to them without having
another vendor look at it. Also why the cit)- did not go out and get pricing? Mark said that
you might be able to find better pricing, but there are box pushers and warehousers out there
then who would you get to maintain this?
Vicki asked if there was a plan in place to get more money if a major problem arose? Kathy
said that if necessary there is a committee made up of people within the organization and
they would make a recommendation to the City Council, that when a department has a need
for funding, and at the discretion of the City manager funds could be available.
After a continued discussion of all the concerns of the Long Range Technology plan Vicki
McCombs made the motion to recommend to City Council approve the acquisition and
implementation of next steps in the Long Range Technology plan. Lisa Green seconded the
motion, and it passed with a 3-1 vote.
Gary then introduced Harlan Jefferson to the board.
Harlan was here to present to the group a management type investment software system
called "Treasury Management :system Request," Harlan is leaving the City of Denton and
going to the City of Flower Mound and staff wanted him to implement this recommendation
before his departure. Due to this information only being presented to the board at tonight's
meeting it was requested that some time be given to them to read all the information on this
and that vote be taken electronically at a later date. It was agreed upon that next Tuesday,
May 27, the members of the board would vote either by E-mail or fax and afar all votes
were received Gary would then notify the members of the decision made.
Vicki had some additional items for discussion, I) Lupe has attended only one or two
meetings. Kathy stated that at this time Council was looking at several boards and
O commissions to rectify situations of this type. 2.) if we could get more notice on items so
we can be better prepared. Gary said on things of magnitude he would try and get them out
a week to a week and a half. If possible by E-mail or by fax.
There being no further business, the meeting was adjourned at 8:35 pm.
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Agenda Na
. Agenda Item
Otter.. 'T- I - ci 7
CITY of DENTON, TEXAS MUNICIPAL BUILDfNG • 215 E MCKINNEY • DENTON, TEXAS 7620f
(817) 566.8200 • DFW METRO 434-2529
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Tad Benavides, City Manager
DATE: June 16, 1997
SUBJECT: RESOLUTION APPROVING MARCUS CABLE RATES FOR BASIC CABLE
SERVICE, REMOTE CONI-ROLS, CONVERTERS, AND HOURLY SERVICE
CHARGE.
RECOMMENDATION:
Staff recommends approval.
SUMMARY:
The City Council approved Marcus Cable's rates as filed in FCC Forms 1240 and 1205 at their
May 20, 1997 meeting after holding a public hearing. Section 8-136 (b)(3) of the City's Code of
Ordinances states:
"Within ninety (90) days after the hearing, the council shall render a written decision on
the company's petition, either accepting, rejecting or modifying the petition and reciting
the basis of its decision."
The rates have already been approved and became effective on June 1, 1997. Approval of this
resolution satisfies the requirement of the Cable Television Ordinance that the Council render a
written decision on the rates.
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BACKGROUND:
The City is certified to regulate cable television rates for basic cable service, associated equipment
I (remote controls and converters) and the hourly service charge. The cable company, in accordance
with FCC guidelines, filed FCC Forms 1240 and 1205 to implement changes to these rates effective
]one 1, 1997. -
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J The Council received a briefing on the new rates at their work session on May 13, 1997. At their
re5ular meeting on May 20, 1997, the Council held a public hearing and approved the new rates by
a 5.2 vote. The new rates went into effect June 1, 1997.
"Dedirared to Quafiry Service"
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City Council Report
Page 2
i The new rates exclusive of the 5% franchise fee are: for bac;c cable service, $9.881mo.; for remote
controls, $.16/mo.; for non-addressable conveners, $.95/mo.; for addressable conveners, $2.57/mo.;
for the hourly service charge, S19.031hr. With the 5% franchise fee included, the new rates are: for
basic cable service, $10.37/mo.; for remote controls, $.17/ma.; for non-addressable conveners,
$1.00/mo.; for addressable conveners, $2.701mo.; for the hourly service charge, $19.98fir.
At the May 20 meeting, City Attorney Herb Prouty stated that the City's Cable television ordinance
required the Council to render a written decision on the rates within ninety (90) days. This resolution
is being brought before the Council to satisfy that requirement.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: "
None
FISCAL IMPACT:
None
Please advise if 1 can provide additional information.
RESPECTFULLY SUBMITTED:
Prepared by: Ted Benavides
City Manager
1'~Z ~ Richard Foster
Public Information Officer
Approved:
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AMOSIEE
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RESOLUTION NO.
A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT MARCUS CABLE AS-
SOCIATES, L.L.P. MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS
FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT; ESTABLISHING A
MAXIMUM HOURLY SERVICE CHARGE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City') is the Grantor of a Franchise Ordinance exe-
cuted on or about November 15, 1988, by and between the City and Sammons Communications,
Inc. ("Sammons"), which the City, by ordinance on September 19, 1995, approved the transfer of
the Franchise Ordinance along with attached amendments to Marcus Cable Associates, L.L.P.
("Marcus'); and
WHEREAS, on May 17, 1994, the City Council passed Resolution No. R94-019 author-
izing the regulation of basic service tier rates and related equipment, installation, and service
charges or any cable television system operating within the City in accordance with the applica-
ble Federal Communications Commission ("FCC'7 regulations; and
WHEREAS, on July 2, 1996, the City Council passed Resolution No. R96-027 authoriz-
ing changes in the rates that Marcus may charge its Denton cable television subscribers for the
basic service tier and associated equipment; and
WHEREAS, the City, pursuant to the Cable Consumer Protection and Competition Act of
1992 ("Cable Act') and the rules and regulations adopted thereunder by the FCC and other ap-
plicable laws, is certified as a franchising authority to regulate the rates for the basic cable serv-
ice, equipment, and installation rates; and
WHEREAS, in accordance with Section 8-136 "Rates", of the Code of Ordinances of the
City of Denton, Texas and in accordance with Section XXI "Rates" of the Franchise, Marcus
filed a petition wits the City on or about February 28, 1997 along with FCC Forms 1205 and
1240, in conformance with this section and all applicable laws, requesting a change in its basic
cable service, equipment, and installation rates as above described, which the City is certified to
• regulate; and
WHEREAS, the City held a public hearing in conformance with Section 8-136 of the ,
Code of Ordinances of the City of Denton on May 20, 1997, after all interested citizens had been
properly notified in accordance with the law, and all interested members of the public had an op-
portunity to be heard; and
• WHEREAS, as the local regulator of rates for the basic service tier, the City may choose • O
to make a rate ruling on the proposed rates submitted by Marcus to be charged to subscribers of
the basic service tier; and
WHEREAS, the City has reviewed and determined that Marcus' adjusted rates reflected
in its FCC Form 1240 and revised FCC Form 1205 are justified under FCC rules and regulations
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and the City Council desires to make a rate ruling adopting these revised rates; NOW, THERE-
FORE,
I
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. Findings:
(1) The City is the Grantor of a Franchise Ordinance executed on or about November 15,
1988, by and between the City and Sammons.
(2) The Franchise Ordinance, as amended, was transferred to Marcus, in accordance with
the terms and conditions of that ordinance on or about September 19, 1995.
(3) In accordance with the applicable provisions of the Cable Act, the rules adopted by
the FCC, Chapter 8 of the Code of Ordinances of the City of Denton, Resolution No. R94-019,
and other applicable laws, the City has undertaken all appropriate procedural steps to regulate the
basic cable service tier and related equipment.
(4) In accordance with the applicable FCC regulations, on or about January 7, 1994, the
City filed FCC Form 328 - Certification of Franchising Authority to Regulate Basic Cable
Service Rates and Initial Finding of Lack of Effective Competition - with the FCC.
(5) In accordance with applicable FCC regulations, on or about May 17, 1994, the City
passed and adopted a resolution providing for the regulation of rates charged by cable television
operators within the City for the basic service tier and related equipment and installation charges.
(6) On or about February 28, 1997, Marcus submitted FCC Form 1205 and Form 1240 to
the City.
(7) Pwsuunt to FCC regulations and applicable law, on or about May 20, 1997, the City
held a public hearing and gave the public adequate opportunity to continent on the proposed rate
request. Prior to the public hearing, the City regularly conducted meetings which were open to
the public, in accordance with the Texas Open Meetings Act, TEX. GOVT CODE ch. 551, and
provided an opportunity for interested parties to present information to the City during the
meeting of May 20, 1997, or at prior public meetings.
(8) The City must act upon the pending rate request consistent with current FCC rules
and regulations and other applicable laws.
• SECTION 11. Conclusions: O O
(1) That for the period beginning June 1, 1997 until May 31, 1998, Marcus' request for
cable rates approval for the maximum permitted rate for basic cable service (these numbers do
include the 5% franchise fee) of S 10.37 per month, as reflected in Form 1240 filed with the City,
which is attached hereto and made a part of this resolution, is granted and approved.
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(2) That for the period beginning June 1, 1997 until May 31, 1998, Marcus' request for
cable rate approval for the maximum permitted charge for installation and hourly service (these
numbers do include the 5% franchise fee) of $19.98, as reflected in Form 1205, which is attached
hereto and made a part of this resolution, is granted and approved.
(3) For the period beginning June 1, 1997 until May 3l, 1998, Marcus' request for the
maximum fee (these numbers do include the 5% franchise fee) for leased customer equipment of:
remote control - $0.17, non-addressable converter - S 1.00, and addressable converter - $2.70, as
reflected in Form 1205, which is attached hereto and made a part of this resolution, is granted j
and approved.
SECTION Ill. Incorporation of Findings and Conclusions. That the Findings and Con-
clusions set forth in Sections I and lI of this resolution are found to be true and correct and are
made a part of this resolution for all purposes.
SECTION IV. Orders for Action. Based on the foregoing Findings and Conclusions, the
City Council hereby enters the following orders adopting the rates reflected in Forms 1240 and
1205:
(1) Pursuant to current FCC regulations and applicable law, for the period commencing
June I, 1997 until May 31, 1998, or until further order of the City, Marcus will be permitted to
charge an initial rate for the basic cable service of $10.37 per month (these numbers do include
the 5% franchise fee).
(2) Pursuant to current FCC regulations and applicable law, for the period commencing
June I, 1997 until May 31, 1998, or until further order of the City, Marcus will be permitted to
charge the following equipment and installation rates (these numbers do include the 5% fran-
chise fee):
ui me t & Installation Maximum Permitted Rate
Hourly Service Charge $19.98
O Equipment Charges
I ~
Remote Control $ 0.17 '
Convertcr(Add ressable) $ 2.70
Converter (Non-Addressable) $ 1.00
(3) This resolution shall not be reconsidered should any further analysis pursuant to fu-
ture FCC rules and regulations result in or indicate higher rates to subscribers, unless such future
FCC Rules and regulations mandate that the City order such an upward adjustment.
(4) The City Manager and the City Attorney, or their designees, are hereby authorized
and directed to take action necessary to enforce the orders contained in this resolution, including,
without limitation, to execute and file with the FCC such certification form documents or other
Page 3 S,
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instruments or take any other actions as are now or hereafter may be required by the FCC rate '
regulations or applicable laws to enforce the rate ruling set forth herein, to defend this rate ruling
in any appeal to the FCC, administrative proceeding or litigation involving this matter.
(5) That the City Secretary is hereby directed to send a certified copy of this resolution to
Marcus.
SECTIt~I V. That if any section, subsection, paragraph, sentence, clause, phrase or
word in this resolution, or application thereof to any person or circumstances 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 validity.
SECTION VI. That the City Council has found and determined that the meeting at Aldch
this resolution is considered is open to the public and that notice thereof was given in accordance
with the provisions of the Texas Open Meetings Act, TEX. GOVT CODE ch. 551, as amended.
_~N1 QNI VII 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:
0 APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: f:. v
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EMOCSSLEYCABLE KATE M1FSOLMON
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OMarcus Cable
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February 27, 1997
Mr. Richard Foster, Administrative Assistant
City of Denton
215 East McKinney
Denton, TX 76201
Dear Mr. Foster:
Enclosed, please find Marcus Cable's ("Marcus") Form 1240 and Form 1205 filings for 1997.
Consistent with the prior year, Marcus has elected to file for rate adjustments on an annual basis
pursuant to the Federal Communication Commission's ("FCC") MM Docket No, 92-266,
Thirteenth Order on Reconsideration adopted on September 15, 1995. The annual adjustment for
basic and cable programming service rates is calculated using the FCC's Form 1240. The FCC
Form 1205, which calculates the annual adjustment for equipment and installation rates, must be
filed along with the FCC Form 1240.
Upon receipt of this letter, the City is notified of Marcus' intent to change basic service rates
effective June, 1997. The rates for basic service will be changed to $9.88. Revised equipment
rates can be found on the last page of the Form 1205. These changes are the result of certain
external ousts (i.e., programming), inflation, true-up adjustments and increased costs associated
with delivering cable service, as allowed by the Forms 1240 and 1205. Please be advised that all
customers will be notified of rate changes at least thirty days prior to the effective date, on or
before Ma) 1, 1997, in accordance with FCC rules.
If you have any questions, please feel free to call Denise Jones, Regulatory Analyst, or myself at
(214) 521-7898.
Respectfully submitted,
Amy M. Walker
Director of Regulatory Compliance and Planning
enclosures
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2911 Turtle Creek Boulesard, Suite 13011 • Dallas. Ttus 7:219.1214) $21.7898 • Fax 12141 526.2154
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Marcus Cable
FCC Form 1240 Filing
Overview
Attached, please find Marcus Cable's annual FCC Form 1240 filing for 1997. This fonn calculates
the maximum permitted rates for regulated tiers of service and may be updated on an annual basis.
The FCC requires that the fonts be filed with the franchising authority 90 days before the date that
an operator intends to implement the rate. Marcus Cable intends to change the basic service rate
during June, 1997 to equal the rate listed on Line 110 of the filing.
The following narrative is an overview of the Form 1240 and the supporting worksheets utilized
to calculate the rates reported in the form. If you have any questions regarding the information
presented in this filing, please feel free to call Denise Jones at (214) 521.7898.
FCC Form 1240 - Overview
On September 15, 1995, the FCC adopted rules giving regulated cable operators the option of
filing for rate adjustments on an annual basis instead of the existing quarterly system. When
operators elect the annual filing method, the FCC Form 1240 is utilized. The form is divided into
two time periods for the purpose of calculating the maximum pennitted rate: the "true-up" period
and the "projected period." The true-up period ransists of the prior year's projected period (in
this case, June 1, 1996 through May 31, 1997) The projected period consists of a twelve month
period, commencing with the month that the new Form 1240 rates are implemented (in this case.
June I, 1997 through May 31, 1998)
The Form 1240 is a four page document that summarizes the components of the calculation. It
begins with the maximum permitted rates from the last Form 1240 filing and rolls them forward
through the true-up period to end with the rates in effect for the projected period, The rates in
the true-up period are never actually put into place. They are calculated in order to adjust the
projected period rate for any over or under charges incurred during the true-up period. As noted
above, the rate listed on Line 110 of the Form 1240 is the maximum permitted rate for the twelve
months beginning June I, 1997.
FCC Form 1240 - Supporting Worksheets
• The Form 1240 includes a series of supporting worksheets that calculate the following
information: true-up period inflation, CAPS channel information, mark up channel information,
channel residual, channel movement and deletion, headend upgrades (small systems only), external
costs, and the average rate charged during the true-up period. A description of each worksheet is
provided below
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I Worksheet l: True-up Period inflation
This worksheet calculates the weighted average inflation factor that should have been used during
the true-up period. Operators must report the official inflation factor released by the FCC for the
time covered in the true-up period. If the true-up period includes months in a quarter for which
the FCC has not released an official figure, operators are required to use the most recent inflation
factor.
Worksheet 1: CAPS Method
The CAPS Method worksheet must be filled out for both the true-up and projected periods. It
calculates the per channel adjustments and costs of programming during the rate period. Tha . -
FCC's going forward methodology governs the CAPS Method worksheet. The CAPS method is
elected when adding charnels to the cable showcase tier and does not impact the basic rati-.
Worksheet 3: Markup Method
The Markup Method worksheet must be filled out for both the true-up and projected periods.
This worksheet calculates the rate adjustments associated with adding channels under the mark up
method. It does not include programming adjustments for the mark up channels.
Worksheet 4: Channel Residual
The Channel Residual worksheet calculates the "residual" amount of the rate that is associated
with each channel. The residual comes into play when an operator moves a channel from one tier
to another, or deletes the channel. This worksheet must be filled out for both the true-up period
and the projected period.
Worksheer S: Channel Movement and Uelelion
This worksheet uses the residual amounts calculated in Worksheet 4 to account for channel
movement between tiers and channel deletions The Channel Movement and Deletion worksheet
must be filled out for both the true-up period and the projected period.
Worksheel6: Headend Upgrades
• The Headend Upgrade worksheet is utilized by systems that meet the FCC's small system
definition to apply for rate adjustments associated with headend upgrades. This worksheet must
be filed for both the true-up and projected periods.
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Worksheet 7: External Costs
This worksheet calculates the external costs for the true-up period and the projected period.
External costs include programming associated with markup channels, franchise related costs,
copyright fees, etc.
Worksheet 8: True-up Period Rate Charged
The True-up Period Rate Charged worksheet calculates the average rate charged by the operator
during the true-up period. It is used to support Modules F snd G of the Form 1240.
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Federal Communicutotu Csmmiset"• Appmod by OMB 306406&7
Wuhlnaton, DC HSU
FU24G DATE FOR TWS FORM
FCC FORM 1240
UPDATING MAXIMUM PERMFITED RATES FOR REGULATED CABLE SERVICES
Cable Operator:
Name o able Operator
Marcus Cable Assmclates L,Pn
Wing A reee Cab Of Cable
2911 Turtle Creek Sot 1tward, Suite 1300
11
Dallas TX 7$209
YES NO
1. Does thIs filing involve a single franchise authority Rod a stogie community unit! F-x
If yes. complete the franchise authority information
below and enter the associated CUID number hem: TX0580
YES NO
2. Does this filing Involve o single fraackise authority but multiple community units? X
If yes, enter the associated CUIDe below and complete the franchise authonry infonnetion at the bosom of this page
nfa
3. Does this filing Involve multiple franchise authorities?
If yes, attach a separate shed for each franchise euthoriry and include the following franchise wrtlnnty information wah
its Associated CVID(s):
Franchise Authority Informadlaa:
Name of Local Franchising Authority
Denton CI of
Mailing Ad rose o oc rant ing Authority
295 E. %kKinn
City State ZIP Code
Denton TX 76201
reiephona number AR Number
817.566.8236
4. For what purpose b this Form 1240 bein8 Ned! Please put ED "X" in the appropriate box.
A. Or tmal Form 1240 for Buic Tier X
b, Amended Form 1240 for Buic Tier
c. Original Form 1240 for CPS Tier
d. Amended Form 1240 for CPS Tier
TO
S. Indicate the one year time pwW for which you are selling rates (the Projected Period). 06fo1197 03;31!98 (mnu'yy)
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6. Indicate the time period for which you are performIDg a true-up. 03101/% 05iJ1197 (W..✓yy) i
7. Status of Previous FLing of FCC Form 110 (enter an "x" In the appropriate box)
YES NO
e, Is this the first FCC Fortn 1240 fled in any ju rWlotion? X
b, Hu an FCC Form 1240 been fled previously with the FCC? X
If yes, enter the date of the mat recent filing: (mm/dd/yy)
® YSS NO • •
c. Has an FCC Forst 1240 beta filed previously with the Fra rchising Authority? X
If yes, enter the date of the mnst recent fiin8, ® (mrdddlyy)
1
FCC Ford 1140 l
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Pap 1 luuary 1996 1
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Wuhlneram DC IMS4
8. Status of Previous Filial or FCC Form 1210 (enter as "x" is the appropriate box)
NTS NO
a. Has an FCC Form 1210 been previously fled with the FCC? X
If yes, ester the date of the moat recent filing. (mmlddlyy)
YES NO
In. Ha, w FCC Form 1210 been previously filed with the Fnuwhioxg Authonty!
If yn, enter the data of the most recent idling: OU2119S (rrvrU ddyy)
9. Status of FCC Form 1200 F51tol (enter an "x" In the appropriate box)
YES NO
a Has an FCC Form 1200 been previously fled with the FCC? X I
If yes, enter the data filed! l~ (mm'ddlyy)
YS NO
b, Has an FCC Form 1200 been previously filed with the Franchising Aut)arity? X
If yes, enter the date fled. 0811619/ (nuddd/yy)
10. Cable Programming Services Complaint Status (enter an "a" to the appropriate box)
YES NO
a Is this turn Ninl filed in respeaee to an FCC Form 329 complaint? X
If yes, enter the date of the complairm ~.J (tnm'dd/yy)
11. Selection of "Going Forward" Channd Addition Methodology (enter an "a" In the appropriate box)
a Check hen if -ou an using tha oriy,rtal rules (MARKUP NIMODI.
Check hero dym we using the new, alternative rules (CAPS MMODI
If using the CAPS METHOD, have you elected to revise recovery for YES NO
channels added dung the period May 15. 1994 to Dec 31, 1994? X
12. Headeod Upgrade Methodology
"•vOT£ Operaran rwrsu cerah m rite Cam-dislan Adr ellribiaty to we our aprrade me"90.q and attach an egarpm Lrs mud dq•eoarim s, hedale
Check here if you we a qualifying small system using the streamlined headend upgrade methodology.
Part 1: Preliminary Information
Module A:.Marimum Permitted Rate From Previous Filing
b e d
I.lee Igoe Dacripdm Wk Pr 2 TLr 3 Tier 4 rats S
\1 Clrteat histimum Armined Rob f9?6311 I
Module B: Subscribershl
a D is e
31ae past m Bade T1r 3 Tier 4 raw S
Bt Avvrsee 5u1necnbembip Fur Tr Up Period 3 14,7931 1
B2 Ave tar Subscnbersbip For Tr Up Period 2 19.263
B) Estimated Aversts Suhscribenbip For Pm*ud Period 19,733
• Module C: Inflation Information
In. 11o. Dacri w ,
C I l oflsti on Facut For TnbrUp Period I (tuki I I 0221 1
C2 1JIstioa Fsyor For Tt Up Perod 2 (Wks II 10033
C) C1mnt FCC Inflation Fscicr 1.0221
FCC Form 1240
Pets 2 7aausry 1996
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Frder,tl Comm unk-Worta Commlulan Approved by CMB Y>40693
H'uhinrm DC IU554
Nodule D: Calculating the Base Rate
It d
Um Descriptka Bade Ifl r 3 TSr 1 T&w !
DI Current Headood Upgrade 4ymect $D 0000
DI Cumat External Com Segmeot $0.1029
D3 C. Mat Cape Method Sejmaot $0.0000
D0 Cumm Mtrkvp Method Sejmeat $o.0000
05 Cu mm Chaasl \tovemeot/13ektioa Segm at $0,0000
D6 Curmm True-Up Segment $0.0952
D7 C1mm rafletica Segmoat $0.2660
DA Baw;Ute [A[Dl-D2-D3-D4-D5-D6-D71 $9.0001
Part U: True-Up Period
Module E: Ttmtn Information
I IJne Deerti
EI How long It tee Trw-Up Period! I'1' for "Late than or equal to 12 months' or fir et time Run. '2' for'Oteeoer t>m 12 mouiha']t
Il'l', aoewr E3and V'I', srwr E4 and E9
F1 Number of Moothe In the Ttur Up Period I$
E3 Number of Months berweeo the piling dour of this Form 1240 end the tad of tbo lee; Pmjeaed Period 3
FA Number of Moatht in the oocood pen of the Tnu►Up Period Eligible for Interest 3
FS Number of Months is the t ad pan of the TrorUp Period Ineligible far roumet 0
Module F: Maximum Permitted Rate For True-Up Period I
a Or d e
r in. Ilne Ducriptim Bade nr I nr 4 nr S
FI Caps Method Sejm of For Ttvr Up Period I IRL II $0.0000
F2 Markup Method Segawat For TrurUp Period I (Wks 31 $O. D043
F3 Chen M, mar Demat Segmeu For Tr Up Period 1 (VII 1r31 $0.0000
F6 True -Up Period I Rau Ehjib:e For lotlatian [DO rFl+F2+FJ $9.0019
FS Io Ootioa Segment for TNv Up Period I IiFS'CI)441 So. 1994
F6 Headend UVOJe Segment For Tmu ]Jp Period I lake 61
F7 Ecurcal Coeu Segmeu For Tr Up Period I (%Ij 71 so 359g
FS True-Up Segment For TrurVp Period 1 $0.0661
F9 Mu Perm 3teu for `f a Vp Period 11F4+F5+F6+F7+Fgl $9.6SN
Module G: ?*hXimum Permitted Rate For True-U Period 2
■ It d
e Wo Dw -H don Back nr I Tir 4 Ttr 3
G I Cape Method Segment for TnwUp Period 2 [Wks 21 $0 0000
G2 kfeAup Mehod Sejmew For Tn Up Period 2 J%'u 31 $0 0:00
GJ Ctaa hlvmat Delete Segmntt For Tr rUp Period 21Q'te' 4 51 $0.0000
G4 11f Penod 2 Ran Eligible For Iaflttico (D I + F3 + 0 t + 02 + 0 $9.22
G5 Iomboact Segmem for TrurVp Period 21(G4'C2)G;1 so oxg
G6 Headeod Upg ride Seg moot For Trur Up Period I (VU 61 ~I
G7 Ecurtal Coeu.'+gmeat For Tmu Lrp Period21Wke71 $0.3661 I,
G6 TrueUp Segmea For Tme-Up Period I $o 0664 II f~
09 St" Perm Rau for TrvrVir Period S IGt+W +G6+O2+rill $9.7441 p
J
I
FCC Form 1240 'i
Pete 3 foauary 1996
•
•
Feder) Comm""dow CommU ke
N'uhlnttaq DC 20554 Approval by OMB 3060-06!5
Module H: True-U Adjustment Calculation
lla• Dual Prim ' TS e d a
B..le r 2 Tlar 4 rice 5
Ad ww.me For Trull; Period 1
HI Raemue From Period l.
p.17J.41O4!
H2 Raveow From lest Permitted Rao f tr Ariod I 52,177,:64 611
H3 Tme-Up Period I Adju"med OU-H I' 93.W 191
H4 Interest as Period I Adjuam•d $3331, W54
Ad u UMM Far Tr U FwW 1
H5 Raveaw From Period 2 Eligible for latamm 556s.M.a00i
96 Revenw From Mu Pore Rau for Period 2 Eligible Fm fast 5.463,094 .3156
H7 period 2 Adjustmed Eligible Fu [awest (H6-H7] (5I,491,102)
Ht later" ou Period 2 Adjustomm (Su i44maiou for formula) (321.0771)
H9 Revenw From Poled 2 Im ligible for Imumd $0.00
H10 "a" From Max Form Rau for N&-4 2 Imaligible for 1a $0.00
Hi l Period 2 Adju"m at foslillible For Imeroot (HIO-H9]
TAW 3TuoV Ad uataseM
H 12 Pr•viout Ra mid wag Tru Ule Adjummed
HIJ Total Tm►Up Adju" s%[H3+H4+H7+Hi+Hli+H12] $2,665,6012
His Amouor of Tm Up Being C,W m•d Tbta Projected Rau Period 32,663,6012
H1! Remelmag Tma-Vp Adjunmer[HI3-H14) $0.0000
Part III: Projected Period
Module I: New Maximum Permitted Rate
■ b d
W Dururi B■sle 71: 2 no 4 Tier s
11 Ceps 61"bod Segmem For Prgwvd Period [Wks 21 so 0000 r~
12 S110"p 6ktbod Seamed Fnr Pmjecvd Period (Wks 31 so TOO
Il n" htvmd Drlsu Selmeot For Projected Period 1Wks 4151 50.0000
14 Pmj Period Rau Eligible For lmfletiom ID4+FJ+GS+(1+12 3917M
15 Totlatioa Segmem for Projected period [(14'C7 )-I4] $0.2049
16 Hudead Upgrade Segmem For "ft-W Period lwks 5]
17 External Costs Segmed For Projected Period (Wks 71 so ma
19 Trv Up Cegmed For Projected Period 50.0113
I9 Stu Ptmitud Rau for Pmjwisd Period (14+I5+I6+17+Ii1 59.ti19
HO Oper"nr Selwted Rau For Projected Period •t $9. u
' • If U94 110 U pwt" tb" 19, ea CAP POW Anarlme■l.
~ Certificatio0 Statement
R'1LLFUL FALSE STAT'EMENrS MADE ON THIS FORM ARE PUNISHABLE BY FINE ANDIOR IFSPRISONMENT r
IV 5, CODE TITLE 11, SECTION (001), AND/OR FORFErn'RE (U 5 CODE, TILE 47, SEMON 303).
~u d• with.
Am M. k Iker Director of R utat Corn Rance gad Plannln 12)27J97
0 Veme and Titie of Pet Completing this Form: Denim M. 2oriel, Regulatory Autyst
J Telephone number Fat Number
(214 521--'898 214 S21-SW
FCC Fomt 1240
Pigs 4 3smary 1996
i
f...,
I
Federal Corr nunicatiom Conunlnion Approved By OMB 7060-0675
Waahir", DC 20534
+~y
l
Worksheet 1- True-Up Period Inflation
For wuumom w Appwb iz A of h matiom For FCC Farm 1240
QucoAm 1. How bn! is Tmc-Up Period 1. in mr a 7 17
Quenon 2. How ImS is Tme Vp Period 7, in mark? )
Um Perleil PCC Jdfalks PaAer
IOl Mnc60% 7]2%
102 April 19% 2]2%
10) May 19% 222%
104 lure 19% 122%
105 July 1996 2 21%
-
106 Au" i9% 231%
107 Saplembr 19% 2.2141
101 0110ber 1996 7.21%
109 Novambw 19% 7.21%
110 Deumbw 19% 221%
III larwary 1997 2.21%
117 February 1997 2.21% ,
113 Avv%v b,94M FKw far True 1.0725
Up period l
114 Slarcb 1997 2,21%
115 Apri11997 2.21%
116 MAY 1997 7.21%
117 NIX& 16
III \ladh 17
119 llareh 11
120 \lonlh 19
121 March 20 -
132 Monrh 21 '
133 Marub 72 "
124 Mordh 33
123 SSomh 24
126 Avaap 1n0akm Fwwr for True 10053
Vp Pr o6 3
FCC Fo 124
Pap I lamary 19%
%'rw4l4herr«wl+r 4 F u.l a c v• r r.
MWIIBBIIBI~I
•
•
Federal Comniunieetionr Commission Approved By OMB 3060-0613
Washtngwn. DC 20551
Worksheet 2 - Caps Method
True-Up Period, Basic Tier
For irutru Yioru, are Appendix A of hvl 2 ctiorn For FCC Form 1:10
Penad Pmj ected Pm {
Qu9mm i. lndiuts die pen od for which du worksbeet is being used (Put m "V in the appropriate Doti) X
Question 3. Indicate the tier fa Ouch this worksheet is being used (Pat m I.V in the appropriate box.)
&sie Tar 3 Tier 3 Ter L Ti" S
X
Question 3 How long is the rust period in morwlwlor Ohich rust m bring ad with this wwbhxt7 13
Question 4. Haw long as the second period in rno Owfor which run are bring set with Otis workshea7
3 1 S g S 6 7 B f
rnrioa Cernrt Opesrtan Operator's L3teseeFee ToWLkwe TOW
Net Cep For Twat Cap
3Jee Period ReguVtrd Ragweed Cap For Rosena r"RSeree Operewrs
Ck a ds C►artnrb Comte ~ Lieese Fes L'"d Used Cap Used
201 pravim
Month
203 March 0 0 0 $0.00 $0.0000 500000
203 April 0 0 0 $0.00 3o 00110 30.9000
.01 Msy 0 0 0 $000 30.0000 30.0000
205 June 0 0 0 30.00 30 .0000 $0.0000
206 July 0 0 0 S0.00 $0.0000 30.0000
207 August 0 0 0 $0,00 50.0000 30.0000
206 September 0 0 0 $0.00 50.0000 30.0000
209 Omber 0 0 0 $000 50.0000 SO.OOW
210 November 0 0 0 f0 (q 30.0000 $0.0000
211 Drrmber 0 0 0 $0.00 500000 30.0000
212 January 0 0 0 30,00 SO WW 30,0000
2217 February 0 0 0 30.00 so 0000 30,0000
211 Averse Period I Caps Ms" Ad'urtmera
215 Mamb 0 0 0 30.00 $0. DODO 30.0000
216 April 0 0 0 $0.00 so 00m 30.0000
217 Mey 0 0 0 WOO $0.0000 30.0000 'i
211 Month 16
219 Wnth 17 _
• 220 Month 13
221 Mcmih 19
^2 Month 20
323 Month 21
221 Month 22
123 Month 23
2:6 S}onth 21 i
227 Arere • Period 2 Caps Metnod Ad unrnr.7 -
4JD
J1
7
FCC Form 1240 1
Page I lst ry 1996
•
Federal Cottunutticatom Comquial06 Approved By OMB 1060-0613
Wmahinpoe. DC 20351
Worksheet 2 - Caps Method
Projected Period, Basic Tier
For wwniom ew Apprb&x Ad btraunions Fw FCC Pam 1210
Tme11p Rajwded P t
Peril
QYefIim 2. Wks" *0 Pwid fat which due wakilseel is beisq wad (IV m'7C in Ow appmOda box) X
Queries 2. hstbcals Or riar far whwb dds warluheaa is bebj used (Put an 'x' is the appv ono box)
Boris Tiw 2 Tear S Tier ♦ Tier S
X
QwAm 3. Haw long is the fint priori in mmth m *t kh ntr sn being. sr with this wwl wal SI ,
Qu*A om 4. Flow tong is dw board paiod in mondula whir6 ran an beoq ar with this wo&-hoe?
•'a
2 2 7 / 1 6 7 B !r
Prari6aa C6rrra rM Opw*wIa Shame Poo To4F Lksm Total rot t3aa Prod 1110801411111 R4111"401 Not Cap Cap par Raarva pw aaarve OprWn
Told Cap
C1uraY Clara C Amm Mooney" vow Ua►1 Cap VOW W°W
201 Pnvioua Mande
202 Jun 0 0 0 1000 $0.0000 20.0000
07 July 0 0 0 10.00 SO.000O 500000
201 Augur 0 0 0 30.00 10.0000 10.0000 .
201 Sepumbr 0 0 0 $0,00 50.0000 50.0000
206 October 0 0 0 $0.00 $0.0000 $0.0000
207 November 0 0 0 SOX $0.0000 $0,0000
201 December 0 0 0 $000 $00000 SO.0000
209 laroury 0 0 0 37.00 )0,0000 10.0000
210 Febmary 0 0 0 SD DD $0.0000 $0,0000
211 Much 0 0 0 10,00 500000 $0,0000
212 April 0 0 0 50.00 50.0000 50,0000
12 May 0 0 0 50.00 s0,0000 $0,0000
211 Awn a Period 1 Cops Mrbod Ad'urrtwna
r
Y • O
r
f 1
FCC Foam 1210
Pegs F January 1996
1 .+l5.~ r , r e Y t r a t o _ i Y t N T 1♦ ♦ u y d
jig
•
r
•
Federal Commufuc atic ne Cc mrniuica Approved By OMB 3060-0615
We.hington, DC 20550
Worksheet 3 - Markup Method
True-Up Period, Basic Tier
For mArvctiom ate AppcAx A of Inmaioee For FCC Form 1200
rme t'p Period projected Pmod
Quemon I. I dicate the period for whicb thi. wexVW is being wed (Put ee'7C in the affopriW box) %
Question 2. indicate the tier fa which this wmkphw ie being used IN w ".V in t ho &Mopiwe Ito K.)
B. .k for 2 rer 3 Tier 0 rer s
%
Quesion 3. Haw long is Uhe Pint period, in eneetlhs, for which raw an being tart with this worksheart 12
Question k How long u the aecexd perod, m months, far which rata are bring set wih this woriahws7 3
1 7 3 4 ! f 7
Sum of Pneim Sus o8 Cons/ Average Per Clamed Chmah Total C®dative
[Am Period Reghhlamd Rego1W01 Chaaada Adjub"m Added Adjmdeat AQ%manem
Chaooele Ckawd
301 p". $0.00
Mon h
302 Manh 56 54 34.0 $0.01 0 $0.00 $0.00
303 April 56 $6 56.0 $0.01 0 $0.00 $0.00
300 Mey 56 56 56.1 50.01 0 $6.00 50.00
305 Jim 56 $7 S61 $0.01 1 $0.01 50.01
306 July 57 57 57.6 $0,01 0 $0.06 $0.01
307 Au guu 57 57 57.1 $0.61 0 $0.00 $0.01
301 September 51 57 $7.0 $0.11 0 $0.10 $0.01
309 October 57 57 $7.1 $0.91 0 $0.00 $6.01
310 November S7 57 me 50.01 0 50.00 f0.91
311 December 57 57 57.0 36.11 0 $0.01 56.01
312 16wary 57 59 58.1 SOAI 0 will 10.01
313 February 59 60 S9.5 50.01 1 WA1 $4.02
311 Avenge Period I Markup Method / d'unman f0.0083
315 March 60 60 64 $0101 0 50.01 $0.02
316 Apra 60 60 60 Wit 0 56A0 $0.12
317 May 60 60 60 WW1 0 50101 $0.02
318 Month 16 E
339 Month IJ
• 320 Month It
321 Month 19
322 Month 20
313 Month 21 '
3'1 Month 22
325 Month 23
316 Month 20
327 Avenge Pan:d 2 Ca r Method Ad'uamaM $0,1200
j 1
FCC Form 1210
Page I 7emury 1996
1 c
h 4
Federal Communications Commission Appmvod By OMB 3060-0645 ,
Washington, DC 20554
F
k
Worksheet 3 - Markup Method
Projected Period, Basic Tier
Foe instructiom ere Apperdi.[ A of krow"m For FCC Form 1210
Tnrbp fwWd f3q►"d Faiod
Qusteim I. lndiuta the pwW for which 0,s workshaat s bring used (N4 m W in Ow approprida box) X
Question 3. Gdiau the tie he which thin wwksbeal s being wed (Put an'V to tM appropialt box)
B.ak Twr 3 rw 3 rw 4 _ T•w {
C
Queawn 3. How kmg is The fut period in monft far %Iu& rat" are being erl wish this wvrkshau7 32 {
Quutim 4. How tang u fit fcroed period to month, for which rues are being ed with Our wpkalwae7 E_ Nn
1 7 7 ! 0 1 i -
Sua of Mrious Son of Catm.1
[Jaw AwwW pedw A48"I'd RgMWW For Clammamad Chustcf ToW
Clast:ri C UL"d Cblamu annaY Adjoaebmhmad r Ad1[d Adjremant A4djut uo■aw
ma
301 I'micus
MUSA 1043
302 June 60 60 "A $$At 0 N.N $443
303 July 60 60 6011 "AI 0 N.N 10A3 i
301 August 60 60 NA SOAI 0 WAS 50 A3
305 Spumbr 60 60 "A SOAI 0 _ NAI $0.13
306 October 60 60 WA $#AI 0 N'N $4.13 ~
307 Novrmber 60 60 61.1 90111 0 50.01 5043 E'
304 December 50 60 NA 96.01 0 $4,01 10.03
309 January
60 60 60.9 5441 0 90.00 10.03
310 February 60 60 L V 60.1 SOA1 O S/AI $0.13
i
311 March 60 60 604 50.11 0 $0.N $0.03 i`
312 April 60 60 60.1 11.11 0 SO.N $0.10
313 May 60 60 60.0 $0.01 0 "AS $0.01
314 Average
Yariod I Ma Lfathad Ad'ustaroa 10.0301
I /
~f
C t
e i ~ ® a
FCC Fcrm 1240
Fags I January 10% i
1
f.
l `1
wmo-
~M~'"R'~'YTY+
•
•
Fads ml Com meat ow CommiWoa Approved by OMB 70604615
'
Wa"o&ri. DC 20554
TABIt A.
NON-EXTERNAL COST ADIUSTMENT FOR
C BANOF.S ON CHANNEW
Avmp Chsaa" Adjuamsat
From: To: par cAamsl
7.5 7.5 $0.45
j i.
t 1 $0.40 S
6S 1.5 $0.76 1.
1 9 9 $013
9.3 29
10 10 $0.27
1015 10.5 14 '
11 I1 $0.21
133 11.5 9D.20
I] 11 90.19
11.5 12.5 S017
1) 13 Solis
lis Ms WAS
14 14 .t4 -
14.3 14.3 70, 11
05 15.5 70.12 ,
16 I6 $0.11
16.S 17 5010
17.5 II so Do
Its 19 $0.01
195 21.5 $0, D7
] 735 $006
24 26 50.05
'6.! 29.5 f004
O 7s.S 5097
3%,
136 46 50.02
/6.S 99 9091
•
FCC Fwm 1240
Pots 2 kawry 1996
1
• I'. y'~ V d71 k'~
i i x' t r 4. .,r i~
•
•
Federal Conununication Ccramiwion Approved By OMB 3066-0615
Washington, DC 20554
Worksheet 4 - Residual
True-Up Period
Far vutru4cm. we Appendix A of ImW Rion For FCC Fina 1240
Question 1. Iedimw In period for which tlua worksheol is being used (Put a *V in the appropriate hot) True-up Paw Nectd Period .
x
a b e d e
ILa DINK145 w Bade Ter 7 Tier 3 MW 4 Tier 5
Period one
401 Avenge Pemria" Charge $9.6375
402 Avenp External Corte 50359! -
403 Avenge Towl Par C?tuuW Adjustments after $0.0000
It IC94 for Channels Added Using Cape Method
404 Avenp Tier Rssidual (4014024031 59.7776
405 Avenge Channels per Resutatd rise 25,5000
406 Avenge Caps Method Channels per Tier 0,0000
407 Avenge Remaining Channels 1405-406) 13.5000
409 Avenge Period 1 Pee Channel Residual (W4071 5039M
raw Two
409 Avenge Pormined Charge 59.7700
410 Avenge Ectemal Coate $0.31"
all Avenge Toul Per ChemW Adjurnrrds attar
5~14,'94 for Ch annats Added VON Ca r Method -
412 Avenge Tier Residual (4094104111 $93173
413 A ve nge C6enruls per Regulated rise 24.0000
414 Average Caps Method Channels pot Tier 0.0000
415 Avenge Rsrnainung Channete 14134141 24.0000
416 Average Period 2 Per Charter! Residual (412)4151 !03920
FCC Form 1240
Page 1 3mus7 1096
FedenI Comma niationi COmInissiOn Approved By OMB 30640615 ,
Weehingwo, DC 20556
IWorksheet 4 - Residual
Projected Period
Question I, Wiwi do period for %Wch dls norksifeee is being used (Put sn'V in Ow appmpriab box) Tnx.Up Period Projated Pviod
e IS 41
Bane Use De"plies Brie Tfs 8 Ties, 4 Tis s
Mod Or
401 Avenge Permined Charge 59.7"1
402 Avenge Exbtnel Cab $6.3918
Avenge Tolai Per Chenwl Adjustments efts
407 S114194 for Channels Added Using Cape Merhad 10.0000
404 A•Imge'rw Residual [401-402-401 19.3703
405 AV enye Chancels ps Raguhted Tier 24.5000
406 Avenge Ceps Medwd Cbanwls ps Tior 0.0000
407 Avenge Romining Channels (4054061 245000
408 Avenge Period I Per, Channel Rridual (404!407( 50.3825
FCC Form 1240
Page 2 Jewry 19%
loll IN 14
0
•
Federal Can municstioru Commiraion Approved By 01613 7060-0615
Wa shingba, DC 20554
Worksheet 5 - Channel Movement and Deletion
True-Up Period, Basic Tier
For vortruvliala, see Appetdi: A of Luauctiom Fos FCC Fam 1240
Qum aim 11"cau the period for which this workshat is being used (PA an W m dre appeopri W boa)
TruWp Patiod "euted Period
C
Quesum 2. Indicate the tier for which this wwbhee is being used (Pus a "V N the appropriate boc)
Basic Tier 2 Tin) Tor Tier 3
X
Question 3. How long w & fort period, in rnonths. fir which rem an b" set with &a wwWem7 17
Quesion 1. How long is the aemnd period in mocobs. fa which rum are being ad with Otis workdw07 3
1 ! ] 4
Maddest! of Cltarda Dialectal Residual of Chaoada Moved Net Par-Cho"d Cad Cttmtiadw Not Per,
From hr5od From Tke (added) to Tier Adjoismoset ,[C latau 2 • Chases) Coat Adjurtsom
Cohno
501 Previous Period $04006
502 March 50.0000 50.0000 SIAM 50.0006
503 April $0.0000 $0.0000 50.6006 50.0000
504 May $0.0000 $0.0000 50.1606 $0.0000
505 )un6 $0.0000 So D000 S0.0o00 50.0000
506 July $0,0000 100000 $0.0600 WIM"
$07 August $0.0000 $0.0000 S41.0i3N 50.0000
506 September $0.0000 $0.0000 WOW $0.0006
509 Octctm 50.0000 $0.000D $1.0m $0.0000
510 November so 0000 30 .0070 50.0006 50A000
511 D«embu 50.0000 50.0000 $0.0006 5010000
512 January 1997 50 .0000 1o.0000 14.8060 50.0000
513 February 1997 10.0000 50.0000 SOAM 50.0000
,514 Are" hriod t Chaand Mo•emew and 1Medoo A 'tuhmM $0.0000
515 March 1997 so DOW 50 .0000 50.0000 30.0000
516 April 1997 $0,0000 10 .0000 So :100 $4.0000
517 %lay 1997 $0,0000 10.0000 $0,0000 $0,0000
511 Month 16
Sl9 Month 17
5^0 Month 18
511 Month 1)
• 5:2 Month 20
523 Month 21
-4
524 Month 22 /
525 Month 73
56 Month 24
50.0000
527 Avers s Period 2 Channd Movemorm and Delednn A tsstmead
. e j~ • o
FCC Forth 1740
Pig* I tanuory 19%
,z
C s
~m_.. ~ tiler
•
.
Federal Communicatioru Commission Approved By OMH )060.06!5
Washlnron, DC 10554
Worksheet S - Channel Movement and Deletion
Projected Period, Basic Tier
For noW ctiorw, are Appendix A of biwu 4ione Far FCC Farm 1740
Quedim 1. hrdKal. fie period for which this worAilrA 6 Min( used (Put an 'X' in Ow 4ppiopriau box)
Trw•Up Period PmjwW Period
X
Queom 7. htdia4 Qw tier for which Ous worksheet i wed !Put a ?C i priau Mx)
&aia Awl Tir7 tM agpra Twt4 TwrS
Qu eaion 3. How lay 6 the Gra period in enwhe, for which race we being 6d wish dtia warkahert? 11
Qutawa 4. How T-16 the rmeW Pori* in maahk for which Ms are b" ea with this wakslaw? da
r l 7 7 0
Raeldaa) of Cbaaaak Do" Raided of CNaai Hard NA For[7trrral Cal Camalmlp Not Pa
IJaa rerbd rroll riar (added! to Tier AdjamRal )C411to 1 • Cost Adjwb*ud
Cohere p
501 Pnvioue Priori $4.0001
501 7uu 50.0000 50.0000 $4A(M1 $4AON
503 luty $0.0000 $0.0000 $4AIM $4.0000 ~ .
504 Au7ua $0.0000 So.ooo0 "AM $4.6000
505 SeptemMr $0.0000 50 .0000 soma $0.0000
506 October $0.0000 50 .0000 $4.0001 50.0000
SOT Nrnembw 50.0000 . $0.0000 $4.0011 $4.0000
508 December 50 .0000 $0.0000 So."" $4.0001
500 lomary 50,0000 50.0000 $4.0$41 50.0000
$to Febnury So .D000 50 .0000 Sco000 $4.0000
511 March 20.0000 so 0000 $40001 $0.0000
511 AprU So.0000 so 0000 50.0001 50.0000
$13 May 50.0000 to 0000 $4.0001 $4.0101 -
514 Aroma* lerind I Claaod Mortmam sad Ddedw mtaok $4.0000
i
I
e
.r
e ~ O O
FCC Form 1140 I
Page I I mary 19% fff
s,:... ~,ia r,' ` ~ ,a ."i r ,.•.er , ° . r .
•
A
Faders] Communications Corm uion Arproved By OMB 3060-0613 ,
Washington. DC 20536
Worksheet 6 - Headend Upgrade
True-Up Period, Basic Tier
For mdru lion set Appendix A of lnAnutiorm For FCC Form 1260
l(UM1011 I 1lId1ClI11h! plTnd tOr w'blGb 1}Le WIX11}letl Il6ting Wed (Put N'X~ In 1fw appoheiatt 1"1SI
Tmv Vii Pmod Projected Period
X
QueAIM 2. Indicate the 4er for %fiich I I'e workshed is being wed (Pm m "V in the appropriW box)
Basic Tier 2 Te 3 Time 6 Tier S
X
Question 3. How long u the fast penod iia nromho, far which rain an being td with dtis waksheetl 12
Question 6. How long is the uc.xd Period to morru for uhkh raw ale being sd with this worksheet? 3
3 2 3 6 S
Original Com of Readmit! Upgrade
lice Period dood Cat of Eopommit leas Computed mmt oa Depra iadoo Readmit! Upgrade
9mdecd
EQtdpsrW Depretdalim Eytdptoatl For Preview w Yeas r Cobrru 61
601 Pmims
Inveetmaou I,
602 Month 1 $0.00
60) Month 2 $0.00
606 Month 3 $0.00
605 Month 6 WA
606 Month 3 $0.00 Q
607 Month 6 $0.00
601 Math 7 $0.00
609 Momh 3 $0.00
610 Month 9 SOHO
611 Month 10 $0.00
02 Month 11 50,00
613 Month 12 $0.00
616 Total Hudetd Adjuianlent
fil3 Per Subscriber Adjuramux
616 Moothly Per Subx6ber A oirtin et For Period 1
617 Pnvioue
Tnvestmaw,
611 Month 13 $0.00
019 Month 14 $0.00
6:0 Month 13 S&H
021 Month 16 $0.00
• 622 Month 17 $0.00
623 Month 11 _ $0,00 /
6'/ Month 19 $0.00
625 Month 20 $0,00
626 Month 21 S0.04
627 Month 22 50,01
i 621 Month 23 $0.01 ,
629 Month 26 WOO ~ • ~
630 Total Hudend AdjuArnom
631 Per Subscriber Adjunmetg
v 632 %fm Per SubKrAw A i atmem For Ferlod 3
FCC Form 1240
Pala I 16t ry 19%
ww~
s
•
Federal Con m rticaliom Cot seioa APProvd ft OMB 3060-MS ,
Washington, DC 20531
Worksheet 6 - Headend Upgrade
Projected Period, Basic Tier
Fa VitNcYion/, set Appeodix A a(kimb"en For FCC Form 1240
Quemm 1. Indicate the Period for whA this wakSm 4 bring used (Put an *V in the &Mopnat, box)
True-UP?mod "WA Period
X
Queam 2. tndicau the tier for which this workshm is being wed (Put m "V in the &M opriaw box)
role Trey 2 Tim 3 Tim 1 nee
X
Queaim 3. How long u the fire per" is csantla for whisk was m being ee wah this worksheet? u
Question 1. How Ims W Ow sewed period, in monde, for w%A mw w being ed with this workdrt) ode
ter,
l 7 S d s [ImSew l:oe rerbd Ori;irsot Cod of oriffibli ~COM Of Competed Itatem as Doprodadee KOro I 2
8etlsd [iq~pnat 1016 fgipwwt aria ho.b./ Yrr + CAMS d]
601 PmAml
Invema ma
602 Month 1 fO.N
603 Month 2 SO.N
601 Month 3 "A
605 Month / SOAR -
606 Month 5 SOAR
607 Mondt 6 $0.00
608 Month 7 $O,N
609 Month 8 66A0
610 Month 9 $0.04
611 Month 10 $0.00
612 Month 11 fO.N
613 Month 12 SO.N
611 Tout Headsnd Adjurrmen
615 Per Subwnbm Adjustttrte
616 %ton per Swb«rtRw A ubam ror Per(od 2
B
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~J FCC Form 1210
Page I fenuary 19%
- 2"J
~ ,
• 5
•
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I
Federal Corr uamcatioru Comnuwioo Approved Ry OMB 1060-0615
Washingron. DC 20556 '
Worksheet 7 - External Costs
True-Up Period
For vmtr mvrw, see &v"i x A of htawtuims For FCC Form 1260
Tn+e-l''p Period ProjeAed Period Ifi
Qucsti0n 1. For %iuch lime Period are yatt filling ash this worksheet? IPtm w'\ a the eppropriau Wx I X
Queao11 2. Now 10116 it the rVA period in Writhe. far which rata are being Sd with this Workebea7 11
Qhvmon 3. How long v the second pencA w nwatls, far AiA rue are bewg id with qua %O&Ah at7 3
L.Ine Line Deurfmtloo Bek Tler1 Tkr3 Tier4 TIrrS~
Period I
stern Costs Eligible or Markup
Coa of Pmg w rung For Chamek Added Prior w
701 5 1796 or After 3, 15,941'a int.Makup 51 eM
For Period $4 1 PgS.37
702 RrVYmrlLN" Corium Fee For Period $000
.
703 C.Vy nght Feu For Period $34,061. t3
704 F xtemai Ctws Elipble For 7.5% Markup 1754103_1
703 Nuked Up Eternal CosU
External Costs Nol Eligible rot Markup
706 Cable SM-&c Tare For Period $000
. 1
707 Fruuhm Rslatcd Coax For Period 50.00
708 C,m nioo Regulatory Feu For Period $0 .
,09 Tats Ertenul Cots For Period 1181040595
710 1f mthly, Per-Subrmbu Extend Con For Period
I SOJS99
Period 2
External Costs EUgible for Markup
Coss of Progrunming Fa Chw is Added Prior to
711 5 15 94 or Alter 3 1594 Cuing \lukup Method
For reriod $11,703.17
712 Rctrumrtuuion Consem Fm For Period 5000 '
717 Capynda Fm For Period 59.019 57
714 Evtens Costs Eiipble For 7 5e'. klwkup 530.791.73
715 Narked Up Externa5 Cow $33351.0941
Esternal Costs Not Eligible ror Markup
16 Cable Specific Tarn For Period $000
.
• 717 Fru hw Related Care For Putiod $000
.
711 Ccrn uioo Regutwory Feu For Period S000
719 Total Evtemal Cori For Period 11123S14641 i
'30 111o11gily. Per-Subs bu Extemal Caere For Period
3 103666
FCC Forty 1140
Page I f4a ary 1996
y,
•
r.
Fedsrel Communica6oa Commiuiaa Approved I7 OMI 30604615
Waebinpon. DC 20554
Worksheet 7 - External Costs
Projected Period
For mewcuom w Appendix A of Uwv%i&iom For FCC Form 1240
Trw-Up period pmj%,.w Period
Quemi I. For width time period sreyou filling out thin worksheet? IN m'..V in t}w eppypriw t,.a I X
Qumm 2, How long L N fuv period k moaA for whkb rum an bring b with"wwleA xT 12
Quemw. 3. W w tong is the womd pwioa m moot,; for which nus m laity mt witb day wakAm? ds
Ltne LhmDwrImloe Berk TTer3 _ Tier4 TIer5
Period
stern ost5 _lgiba or arawp
Cwt of hwwre ing for Cbmwh Added him to
701 3;1594 err After 515,94 L4ing Mukup Method
For Period 54[,949,70
702 Rcuww%iW w Craern Fem Far Period 50.
703 co" O Fm For Priori MAN 9
704 Emeral Cold Eli p'bk For 7, 5% Markup S"XQ-3
703 Masked Up E>temsl Cats 513,4919911
ESterud Corts Not Ellppk for Marko
706 Cable Speaifk Taw Few PwiW $900
707 Frmldse Relaw Caw For Period 50.
102 Cormtim;w Rego Wary Few For Period S0.
709 ToW Ezteme Cow far period S91,49199t1
710 kfowNy, PwSubwbr Eetem-4 Curti For
Projected Period 50394
s ,
• o •
FCC Form 1240
Pags2 Jawary 1996
l
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C 41
Y.
im III ON
•
Fedenl Communi"%iom Commiuion APpmved By OMB 3060-0615
Weihington, DC 20551 '
Worksheet 8 - True-Up Rate Charged
For instructiom w Appmdirt A of VAnwtioor For FCI: Form 1210
Quevion 1 How Tory is Ihs True-Up Period 1. ie moab7 13
Quutioo How ton{ is the Tme-Up Period 2, in rnmdn7
[jam [ltoe Decd pdn Dlek Tor 7 Tsar 7 Tier 6 Tkr!
801 March $9.2100
802 April 591100
$03 May $9,2100 _
601 lung $9.7700
603 Zuy $9.77010
806 August 39.7700
$07 Sepum)w $9.1700
601 October $9.7700
109 NovrmLec 19.7700
110 December $9.7700
IIS Zunwry S9.T700
$12 Febwry 39.7700
III Period 1 Avarrge Raw 39.6379
$11 Mom% $9.7700
$15 April 19.7700
816 Moy 59.7700
{ 117 Morvh 16
111 Month 17
$19 Month II
IN Month 19
321 Month 20 ,
122 Month 21
$23 Month 22
321 Month 23
325 Month 21
126 Period 2 Avenge Raw $9.7708
L
FCC RM 1210
Page 1 lomry 19%
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Marcus Cable Associates, L.P,
1997 Form 1240 filing • Addltlonal Information & Attachments
City of Denton
TX0660
1. Marcus Cable plans to implement the following rate structure at the beginning of the
Projected Period.
Basic
$ppjfJ
Rates as of June, 1997 $988
2 A cunent chamrel line-up is e7closed with this attachment. The following is a detail
of channel additons during the true•up and projected periods:
True -up Period.
Bask. The Barka Channel Marcus Channel
CPST: Speedvisian, TV Lard. Drop Ndeo Jukebox, Replace with Cartoon
Prajected Period
Basic No channel additions
CPST. No channel addit+dns
3 The fanowmg schedule detains total programming costs for the we-up R projected periods:
Programming Costs
Mark- CABS
Beginning of the true-up Period SS 99 $030
End of the True-up period. S636 $030 .
Segmrimg of the projected period $838 S030
End of the projected period. $d 66 $030
_
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Marcus Cable
FCC Form 1205 Filing
Overview
Attached, please find Marcus Cable's FCC Form 1205 filing for 1997. This form calculates the
ma.-imum permitted rates for regulated equipment and installations. The form must be updated
on an annual basis and must be filed with the FCC's annual rate adjustment Form 1240 The
following narrative is an overview of the Form 1205 and the allocation methods utilized by
Marcus Cable when completing the form. If you have any questions regarding the information
presented in this filing, please feel free to call Denise Jones at (214) 521-7898.
FCC Form 1205 - Overview
The FCC Form 1245 is used for computing equipment rates. It is a modified version of the
equipment schedule in Part III of the FCC Form 393 used in Re-Regulation 1. All equipment
rates must be priced on the basis of actual cost. Cost is determined in the form by developing an
"equipment basket" of costs for instapation, repair and maintenance activities, and a "reasonable
profit" presumptively set at 1125%. plus income tax. The aggregate figure is divided by annual
service hours to yield an hourly service charge, known as "HSC." Charges for installation and
maintenance of equipment are based on the amount of time it takes to complete the task,
multiplied by the HSC. Charges for equipment (i.e., conveners and remote control units) are
intended to recover the capital costs of the equipment and the average maintenance cost for each
unit,
Hourly Service Cha: ge Calculation
The figures shown on the form were computed by using actual installation and maintenance hours
as measured from service reports produced by our field offices. Assets and costs were allocated
from the partnership level to the "equipment basket" based on the average hours spent on
"equipment basket" items.
F,gU4plrittnt Rate Calculation
Equipment rates are broken into four categories: basic remote, addressable remote, non-
addressable converter, and addressable converter. The rates computed on the form are derived
from the actual cost of the equipment leased to customers. The cost and number of units reported
are at the partnership level. Maintenance and service hours were obtained from service reports
prepared by field personnel
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Agenda No.
Agenda Item
Data 9 - I -g`7
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DATE: 07-01-97
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJ: An ordinance approving a certification agreement between the City of Denton and
the Texas Workforce Commission, to provide funding for support and provision
of child care to eligible clients; authorizing the Mayor to execute the agreement;
approving the expenditure of funds therefor; and providing for an effectivt date.
RECO,MMEN ATION:
Community Development staff recommends approval.
BACK6ROUND:
The Texas Workforce Commission is the lead agency for the administration of !
child care funds available under Title VI of the Personal And RespLisibility and
Work Opportunity Recorciliation Act of 1996. Title V1 authorizes federal funding
for children of pareuts who are working, in school, or in training and who meet
federal income guidelines. Clients must be children who live within the City of
Denton, in need of care, meet all other eligibility requirements for PRWORA
funding, mid receiving services at any of the following:
Demon City County Day School Inc.
Fred Were Day Nursery School Inc.
MIX/Rivera Alter School Action Site Program
Denton Independent School District - Teen Parent Program
AILK Kings Kids Summer Day Kamp
Owsley Summer Playground Program.
O ~
'I he City is eligible to receive matching funds from the Texas Workforce
Commission for support and provision of child care to eligible clients which
occurred during the period from September 1, 1996 through August 31, 1997.
TWC will pay 63.31 °:o of the cost of care for eligible children. The city will pay
O 36.69° o of the cost of care for eligible children; this amount will be covered with O 0
monies allocated by the City Council for FY 1996-1997 to the
organizations/programs named above.
Hatching funds received from TWC based on eligible children at Fred Moore Day I
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Nursery School Inc,, and Denton City County Day School will be provided to i
tl-ose agencies to cover the cost of providing care to eligible children.
Matching funds received from TWC bawd on eligible children at MLK/Rivera
After School Action Site, DISD TT RIPS, NILK Kings Kids Day Kamp and the
Owsley Simmer Playground will be provided to the Community Development
Office because the CDBG grants these organizations received covered the full
cost of care. These monies will be used to fund additional Community
Development activities.
S UM gAtLY:
The funds from Title VI will assist rhild care providers in providing care to
children of parents who are working, in school, or in training and who meet
federal income guidelines.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Beneficiaries of Denton City-County Day School Inc„
Beneficiaries of Fred Moore Day Nursery School Inc.
Beneficiaries of hILK/Rivera Afler School Action Site }
Beneficiaries of Denton Independent School District
Beneficiaries of MLK Kids Summer Day Kamp
Beneficiaries of Owsley Summer Playground Progi-arn
Human Services Committee
Community Development Advisory Committee
Community Development Staff
FISCAL IICIPACT:
The city will pay 36.69°i6 of the cost of care for eligible children; this amount will
be covered with monies allocated by the City Council for FY 1996-1997 to
organizations/programs providing child care to children of parents who are
working, in school, or in training.
O Attachments:
Certificatior, Agreement Between Texas Workforce Commission and City of Denton
Local Operating Plan, 1997
6 t' O O
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Respectfully submitted:
Ted Benavides
City Manager
Prepared by.
Barbara Ross
Community Development Administrator
Approv
ed: ~Z
- I , -~Z_ -
D Hill
irector of Planning and Development
e
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ORDINANCE NO.
AN ORDINANCE APPROVING A CERTIFICATION AGREEMENT BETWEEN THE CITY
OF DENTON AND THE TEXAS WORKFORCE COMMISSION, TO PROVIDE FUNDING
FOR SUPPORT AND PROVISION OF CHILD CARE TO ELIGIBLE CLIENTS; AUTHOR-
IZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDI-
TURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City desires to provide funding under an agreement with the Texas
Workforce Commission ("TWC') to support child care eligibility under Title VI of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act) and provide such
social and/or other services for the benefit of eligible individuals through the Denton City- !
County Day School, Inc. and the Fred Moore Day Nursery School, Inc. from September 1, 1996
to August 31, 1997; and !
WHEREAS, by entering into an agreement with TWC subsequent to Tide VI of the Act
to acxpt and expend funds for the purpose of providing these social and other services for child
care, additional reimbursements may be provided pursuant to the attached Certification Agree-
ment with TWC contract number UCN 40353923 ("Agreement') which will enable the two or- I
ganirations to provide better quality services; and
WHEREAS, Me Agreement with TWC will provide the opportunity to obtain funding of
approximately $200,000, the federal share being $126,620 and the local snatching share S73,380,
and the City Council deems it in the public interest to enter into this Agreement; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That the City Council hereby approves the Agreement attached hereto be-
tween the City of Denton and the T\VC, to provide funding for child care services as described
above, and authorizes the Mayor, or in his abset:ce, the Mayor Pro Tem, to execute said Agree- I,
ment or any other documents necessary to the Agreement or the program.
• SECTION IL That the City Council authorizes the expenditure of funds in the manner as
specified in the Agreement.
SECTION Ill. That this ordinance shall become effective immediate'ry upou its passage
and approval.
• PASSED AND APPROVED this the day of 1997. •
1
4 JACK MILLER, MAYOR
E
7 .11 "Z' 7 71
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY i
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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C.000S%0Ml WC AGREEMENT
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STATE OF TEXAS
COUNTY OF TRAVIS
CERTIFICATION AGREEMENT
BETWEEN
TEXAS WORKFORCE COMMISSION
AND
CITY OF DENTON
UCN# 0353923
The TEXAS WORKFORCE COMMISSION, herein referred to as TWC, and CITY OF
pFNTON• hereinafter referred to as the Certifier, do hereby nuke and enter into this contract
which constitutes the entire agreement.
I . CONTRACT AUTHORITY
TWC is the lead agency in Texas for the administration of child care funds available under
Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA). TWC has insufficient appropriations of state funds necessary to fully utilize
tti, federal child care funds available under the PRWORA. The state's matching share for
costs of child care services is 36.69 percent. Entities may contribute the state's share in
matching federal child care funds by expenditure certification.
2 The Certifier agrees:
a. To certify expenditures of approximately EMPLOAL0
FEDERAL SHARE LOCAL SHARE TOTAL PROGRAM
$ 126,620.00 1$73,38000 S 200,000.00
for support and provision of child care to eligible clients which occurred during the
0 period from Member 1. 1996 rhroygh August 31. 1997
b. To make its certification of expenditures to TWC within the time frames specified
by T1VC.
c. To keep, and make available to TWC upon request, records adequate to show that
9 the total amount expended for s-rvices to eligible clients is equivalent to reported 0 0
certified expenditures and that the non-federal share qualifies as the non-federal
matching share Said records shall be retained for three years and 90 days after the
termination of the certification.
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d That the only child care services covered under this agreement are those provided
in accordance with all applicable local, state and federal laws and regulations.
C. To provide TWC with certification information detailing expenditures for care and
support in the format and within the time frames prescribed by TWC.
I
IF To provide TWC with data needed for federal reporting purposes upon request.
3. IVC agrees to:
a. Inform the Certifier of the time frames and procedures for certification of
expenditures during the funding period
b. Pay the Certifier the applicable federal matching share of the Amount certified as
total expenditures for support and provision of child care to eligible clients
c. Prepare all reports to the federal government on expenditures and services in order
to obtain federal matching funds.
4. TWC and the Certifier mutually agree as follows:
a. Mutually agreed upon local operating plans and procedures will be used to
implement and carry out the terms and intent of this agreement relating to the time
period for the certification.
b. This agreement may be amended by the mutual agreement of both parties at any
time,
c This agreement is contingent upon the availability of local, state, and federal funds
If funds are unavailable or reduced, written notice will be given by either party of
termination, payment suspension, ;,r funding reduction.
d That if federal, state or local laws or other requirements are amended orjudicially
• interpreted so as to render continued fulfiliment of this contract, on the part of
either party, substantially unreasonable or impossible and if the parties should be
unable to agree upon any amendment which would therefore be needed to enable
the substantial continuation of the services contemplated herein, the parties shall be
discharged from any further obligations cleated under the terns of this contract,
except for the equitable settlement of the respective accrued interests or
• obligations incurred up to the date of termination •
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e. This agreement may be terminated by either party, for any reason, upon written
notification to the other party at least 90 days in advance of such termination.
Notlung in this paragraph shall be construed to profdbit immediate cancellation
pursuant to items (c.) and (d.) above.
5. SIGNATURES:
The signatories below certify that they are authorized to bind their respective
organizations in the manner described above.
TEXAS WORKFORCE COMMISSION ClTYOFDENTON
(Signature) (Signature)
Hazel B or Jack Miller
(Name) (Name)
Director of Welfare to Work/Spocial
Services Intecration Mayor
(Title) (Title)
ATTEST:
JENNIFER SJALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
`
BY:
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LOCAL OPEF.ATING PLAN
1997
L TYPE OF CONTRACT:
Certification contract
II. INFORMATION ABOUT CONTRACTOR:
Name of Contractor: City of Denton
Contact Person Derrick Collins
Title: Human Services Coordinator
Address: 100 W. Oak Street, Suite 208
Denton, Texas 76201
Phone 4: 817.838-7235
Fax t!: 817-838.2445
III. OPERATING PROVISIONS:
1. Referral of clients:
Clients to be funded under this program can be self referred or referred by anyone
within the community.
I
2. Eligibility:
The Contractor will determine eligibility using tha most current income eligibility
code card. Specific criteria applicable to this agreement are-
a Clients must be children who live within the City of Denton, in need of
care, and are receiving services at any of the following:
• ' Denton City County Day School
• Fred Moore Day Nursery, Inc r
' After School Action Site Program
' Denton Independent School District - Teen Parent Program
(Children not being paid for by the CCMS or DISD PEP funds)
' MLK Kin; 1s Summer Day Kamp
• • Owsley Sunin:er Playground Program • O
b. Children must meet all other eligibility requirements for PRWORA
funding.
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c An acknowledgement of time-limited funding will be included in the
paperwork that parents sign during the intake process
R
3. Delivery of Child Care
Child Care will be provided at the zbove sites -r at sites previously approved
by the City of Denton.
4. Parent Fees:
Parent fees %ill be assessed in accordance with standard TWC policies. In
general, a family with one child in care will have a parent fee of 9% of the gross
monthly income, while a family with two or more children in care will have a
parent fee of 11016 of the gross monthly income.
5. Attendance:
Each entity will maintain documentation of each child's attendance in day care.
This information will be provided to the City of Denton on a monthly basis by the
child care providers. Standard TWC attendance policies will apply to children
served under this agreement
6. Funds Management
a. Payment for child care provided to these children will be made by
the City of Denton.
b Reimbursement of the Fedcral share (63.31%) of the amount spent by
the City of Denton for child care will be managed by the T`VC contract
manager.
c Prior to billing, all sites will be licensed by either the Child Care
Licensing Division of the Department of Protective and Regulatory
• Services or the Health Department, whichever is applicable.
d Child care providers will bill the City of Denton each month for child
care provided to eligible children using Form 2016.
e. T he City of Denton will pay the providers for all eligible child care
• O •
f, On a regular basis, the City of Denton will review the form 2016's for
accuracy, complete and attach a form 4116 and mail it all to the TN'C
contract manager,
to
•
g. The TWC contract manager will monitor the billing for accuracy and
finds availability and send the documents to State Office for payment,
h. The final billing must be completed by the City of Denton and in the
hands of the Contract Manager by no later than September 17, 1997.
IV. SIGNATURES:
TEXAS WORKFORCE COMMISSION CITY OF DENTON
By. By:
Suzy Peterson Barbara Ross
Title: Contract Manager Title, Director of Community
Development
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Apen6a Aio. all O -
Agenda Item #
Date -
i
DATE: 07-01-97
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: 'Fed Benavides, City Manager
SUBJ: An ordinance approving an agreement between the City of Denton and Fred
Moore Day Nursery School Inc., to provide funding to Fred Moore Day Nursery
School Inc„ authorizing the Mayor to execute the agreement approving the
expenditure of funds therefore; and providing for an effective date.
RECOMMENDATION:
Community Development staff recommends approval.
F
BACKGROUND:
The Texas Workforce Commission is the lead agency for the administration of
child care funds available under Title VI of the Personal And Responsibility and t
Work Opportunity Reconciliation Act of 1996. Title VI authorzes federal funding
for children of parents who are working, in school, or in training and who meet
federal income guidelines. Clients must be children who live within the City of
Demon, in need of care, meet all other eligibility requirements for PRWORA
funding, and receiving set-vices at Fred Moore Day Nursery School, Inc.
'I he City is eligible to receive matching funds from the Texas Workforce
Commission based on the number of eligible children and the 1996-1997
agreement with Fred Moore Day Nursery School Inc. for $35,000.
fhe City will provide the matching funds to Fred Moore Day Nursery School Inc.
to cover the cost of providing care to eligible children. TWC will pay for 63.31%
of the cost of care for eligible children. The city will pay 36.69% of the cost of
• care for eligible children; this amount will be covered with the $35,000 from the
1996-1997 general fund agreement with Fred Moore Day Nursery School Inc.
S1~1&fARY
The funds from the Texas WWorkforce Commission will assist Fred Moore Day
Nursery School Inc., in providing care to children of parents who are working, in
• school, or in training and who meet federal income guidelines. •
PROGRAMS. Df?PARINIENTS OR GROUPS AFFECTED:
Beneficiaries of Fred Moore Day Nursery School Inc.
Human Services Committee
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Community Development Staff
FISCAL IMPACT:
The 1996-1997 agreement with Fred Moore Day Nursery School Inc. for $35,000
of general fund monies previously approved by the City Council %0I be used a3
the local match.
t
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Attachments:
Child Care Certified Expenditures Agreement Between the City of Denton, Texas and Fred
Moore Day Nursery School Inc.
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Respectfully submitted:
Ted Scnavides
City Manager
Pre ared by:
Barbara Ross
Community Development Administrator
Approved:
Daector !
' rzector of Planning and Development
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W'~f^w ~ _ -s-3/L"~71f~1f1111 • 1`•y' ~}.....~L ~ra1. ..,..,a x^.l~m..i i.'__ ,.n.~ ~
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ORDINANCE NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND FRED MOORE DAY NURSERY SCHOOL INC., TO PROVIDE FUNDING TO FRED
MOORE DAY NURSERY S!:i IOOL INC.; AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City's Human Services Committee ('IISC') has reviewed the services of Fred
Moore Day Nursery School Inc. (hereinafter referred to as'OrgWzation`) and has determined
that Organization performs an important ser ice for the residents of Denton; and
WHEREAS, the City has entered into an agreement with the Texas Workforce Commission
(hereinafter referred to as TWC) subsequent to Title VI of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 to accept and expend funds for the purpose of providing
social and/or other services for the benefit of eligible individuals; and
V, HEREAS, the City desires to provide funding reimbursed under the agreement with TWC to
the Organization to support child care eligible under Title VI. Such type of services are currently
being provided by the Organization with funding from the City pursuant to a separate agreement
with Organization, The additional reimbursement provided pursuant to the attached Child Care
Certified Expenditures Agreement ('AGREEMENT') will enable Organization to provide better
quality scrvices. NOW THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS:
SECTION I. That the City Council hereby approves the 'AGREEMENT, attached
hereto, between the City of Denton and Organization, to provide funding to Organization, and
authorizes the Mayor to execute said AGREEMENT.
SECTION 11. That thi City Council authorizes the expenditure of funds in the manner as
specified in the AGREEMENT.
SECTION 111. That this ordinance shall become effective immediately upon its passage
• and approval.
PASSED AND APPROVED this the day of , 19_.
• JACK MILLER, MAYOR
• O
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
4
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e
e
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
e.
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CHILD CARE CERTIFIED EXPENDITURES AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS
AND FRED MOORE DAY NURSERY SCHOOL, INC.
This Agreement is hereby entered into by and between the City
of Denton, Texas, a Home Rule Municipal Corporation, hereinafter
referred to as "City", and the Fred Moore Day Nursery School, Inc.,
a non-profit corporation, 821 Crosstimbers, Denton, Texas 76201,
hereinafter referred to as "Organization."
WHEREAS, City's Human Services Committee ("HSC") has reviewed
the proposal for services and has determined that Organization per-
forms an important service for the residents of Denton without re-
gard to race, religion, color, age or national origin, and HSC
recommends the purchase of services; and
WHEREAS, the City has entered into an agreement with the Texas
Workforce Commission (hereinafter referred to as TWC) subsequent to
Title VI of the Personal Responsibility and work opportunity
Reconciliation Act of 1996 (PRWORA). Title VI authorizes federal
funding for children of parents who are working, in school, or in
training and who meet federal income guidelines. TWC is authorized
to enter into agreement with public or private agencies to accept
and expand funds for the purpose of providing social and/or other
services for the benefit of eligible individuals; and
WHEREAS, the City desires to provide funding reimbursed under
this agreement to the Organization to oupport child care eligible
under Tit?e VI. Such type of services are currently being provided
by the organization with funding from the City pursuant to a
separate agreement with organization. The additional reimbursement
provided pursuant to this Agreement will enable organization to
provide better quality services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform
• the following tasks:
A. To provide low cost day care to low income parents who are
receiving public assistance and/or meet income guidelines, and are `
working or receiving education or training and parents who are
transitioning from public assistance and need child care in order
to work and/or receive education or training.
® B. Organization shall perform those services described in the • •
Work Statement herein attached as Exhibit "A."
C. Said services shall be of better quality than those
services currently provided pursuant to the 1996-1997 Agreement
between the City of Denton, Texas and Fred Moore Day Nursery
School, Inc. The funds provided pursuant to this Agreement will
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enhance teacher training, provide a more diverse curriculum and
provide more parent education concerning parenting skills and
nutrition.
D. All services s"-,all be provided in accordance with the
requirements of the Certification Agreement between TWC and the
City UCN #0353923 including, without limitation, the Local
Operating Plan, the provisions of which are incorporated herein by
reference.
II. OBLIGATIONS OF _ORGANIZATION
In consideration of the receipt of funds from City, Organiza-
tion agrees to the following terms and conditions:
A. Funds provided to Organization by City shall be spent for
staff training and supplies, including supplies needed to teach
cooking and parenting skills classes.
B. To prepare and submit all appropriate certifying informa-
tion for support and provision of child care to eligible Title VI
clients as determined by TWC to the Community Development Office,
100 W. Oak Street, Suite 208, Denton, Texas 76201. Information
submitted will detail expenditures for care and support and be in
a format acceptable for processing through the State Controller's
Office.
C. To keep records adequate to show that the total amount of
match requested for services to eligible Title VI clients does not
exceed the amount provided by the City during the certification
period.
D. To utilize all funding received under this agreement to
provide low cost child care to low income families in accordance
with all applicable local, state and federal laws and regulations.
E. To provide quarterly and annual reports to the City
including such non-confidential information as may be requested by
the City.
• F. To provide all information and reports which are necessary
for City to perform its duties pursuant to the Child Care Expendi-
ture Contract, Contract Number 0353923 which is attached hereto as '
Exhibit "6" and incorporated herein as if set forth at length.
G. It will permit authorized officials of City to review its
• books at any time. -
H. It will reduce to writing all of its rules, regulations,
and policies and file a copy with City's Community developme.:-
Office along with any amendments, additions, or revisions whenever
adopted.
Page 2
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1. It will not enter into any contracts that would encumber
City funds for a period that would extend beyond the term of this
Agreement.
S. It will appoint a representative who will be available to
meet with City's Executive Director of Finance and other City
officials when requested.
K. It will indemnify and hold harmless City, its officers,
agents, and employees from any and all claims and suits arising out
of the activities of organization, its employees, and/or contrac-
tors, and save and hold City harmless from all liability, including
costs, expenses and attorneys fees, for or on account of, any
claims, audit exceptions, suits, or damages of any character
whatsoever, resulting in whole or in part from the performance or
omission of any employee, agent or representative of Organization.
L. It will submit to City copies of year-end audited
financial statements.
M. It will establish, operate, and maintain an account system
for this program that will allow for a tracing of funds and a
review of the financial status of the program.
N. It will permit authorized officials of the City to review
its books at any time.
III. TIME OF PERFORMANCE
The services funded by City shall be undertaken by Organiza-
tion within the following time frame:
September 1, 1996 through August 31, 1997.
IV. REIMBURSEMENT REQUEST AND PAYMENT OF MATCHING FUNDS
The City agrees:
A. City shall complete and submit, after receipt of certify-
ing information from the Organization, a State of Texas Purchase
Voucher requesting reimbursement of certified expenditures. 1
Organization understands and agrees that City has entered into a
certification agreement with 7140 to fund this Agreement and that
funding of this Agreement is contingent on the availability of
local, state, and federal funds. If funds are unavailable or
• reduced, written notice will be given by City to Organization of -
termination, payment suspension, or funding reduction. • 8
a. City shall pay the organization all matching funds
received from TWC under Contract Number 0353923 within 30 days of
receipt providing such amounts do not exceed the reimbursement
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request.
C. Excess Payment. Organization shall refund to City within
ten (10) working days of City's request, any sum of money which has
been paid by City and which City at any time thereafter determines:
1) has resulted in overpayment to Organization; or
2) has not been spent strictly in accordance with the
terms of this Agreement; or
3) is not supported by adequate documentation to fully
justify the expenditure.
D. Deobligation of Funds. In the event that actual expendi-
tures deviate from Organization's provision of a corresponding
level of performance, as specified in Exhibit "A,^ City hereby
reserves the right to reappropriate or recapture any such under
expended funds.
E. Contract Close Out. Organization shall submit the
contract close out package to City, together with a financial
expenditure report, from the time period covered by the last
invoice requesting reimbursement of funds under this Agreement,
within fifteen (15) working days following the close of the
contract period. Organization shall utilize the form agreed upon
by City and Organization.
V. EVALUAPIO-N
Organization agrees to participate in an implementation and
maintenance system whereby the services can be continuously
monitored. organization agrees to make available its financial
records for review by City at City's discretion. In addition,
organization agrees to provide City the following daPa and reports,
or copies thereof:
A. All external or internal audits. Organization shall
submit a copy of the annual independent audit to City within ten
• (10) days of receipt.
B. All external or internal evaluation reports. i
C. Quarterly performance reports to be submitted in January,
April, July, and September, to include the following data:
• 1) Number of children served each month.
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2) Income level of families participating in program.
1.00 3) Race and/or ethnicity of participating children.
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D. Organization agrees to submit quarterly financial state-
ments in January, April, July, and September. Each statement shall
include expenses and income, outstanding obligations and beginning
and ending balances.
E. An explanation of any major changes in program services.
F. To comply with this section, organization agrees to
maintain records that will provide accurate, current, separate, and
complete disclosure of the status of funds received and the
services performed under this Agreement. Organization's record
system shall contain sufficient documentation to provide in detail
full support and justification for each expenditure. Organization
agrees to retain all books, records, documents, reports, and
written accounting procedures pertaining to the services provided
and expenditure of funds under this Agreement for the period of
time and under the conditions specified by the City.
G. Nothing in the above subsections shall be construed to
relieve organization of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
services provided under this Agreement.
VI, DIRECTORS' MEETINGS
During the term of this Agreement, Organization shall deliver
to City copies of all noticee of meetings of its Board of Direc-
tors, setting forth the time and place thereof. Such notice shall
be delivered to City in a timely manner to give ad^quate notice,
and shall include an agenda and a brief description of the matters
to be discussed. Organization understands and agrees that City's
representatives shall be afforded access to all meetings of its
Board of Directors.
Minutes of all meetings of organization's governing k iy shall
be available to City within ten (10) working days of apl :,val.
VII. SUSPENSION OR TERMINATION
• A. The City may terminate this Agreement with cause if the
Organization violates any covenants, agreements, or guarantees of
this Agreement, the Organization's insolvency or filing of r
bankruptcy, dissolution, or receivership, or the organization's
violation of any law or regulation to which it is bound under the
terms of this Agreement.
• B. The City may terminate this Agreement for convenience at
any time. If this Agreement is terminated for convenience by the • 0
City, organization will be paid an amount not to exceed the total ~
amount of accrued expenditures as of the effective date of termi-
nation. In no event will this compensation exceed an amount which
bears the same ratio to the total compensation as the services
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actually performed bears to the total services of organization
covered by the Agreement, less payments previously made.
In case of suspension, City shall advice Organization, in
writing, as to conditions precedent to the resumption of funding
and specify a reasonable date for compliance.
In case of termination, organization will remit to City any
unexpended City funds. Acceptance of these funds shall not
constitute a waiver of any claim City may otherwise have arising
out of this Agreement.
VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Organization will submit for City approval, a written plan
for compliance with the Equal Employment and Affirmative Action
Federal provisions, within one hundred twenty (120) days of the
effective date of this Agreement.
B. Organization shall comply with all applicable equal
employment opportunity and affirmative action laws or regulations. ~
C. Organization will furnish all information and reports
requested by City, and will permit access to its books, records,
and accounts for purposes of investigation to ascertain compliance
with local, State and Federal rules and regulations.
D. In the event of Organization's non-compliance with the
non-discrimination requirements, the Agreement may be canceled,
terminated, or suspended in whole or in part, and organization may
be barred from further contracts with City.
IX. h RRRkNTIES
ORGANIZATION represents and warrants that:
A. All information, reports and data heretofore or hereafter `
requested by City and furnished to City, are complete and accurate
as of the date shown on the information, data, or report, and,
since 0 at date, have not undergone any significant change without
written notice to City.
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B. Any supporting financial statements heretofore requested
by City and furnished to City, are complete, accurate and fairly
reflect the financial conditions of Organization on the date shown
on said report, and the results of the operation for the period
9 covered by the report, and that since said data, there has been no
material change, adverse or otherwise, in the financial condition • •
of organization.
C. No litigation or legal proceedings are presently pending
or threatened against Organization.
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D. None of the provisions herein contravenes or is in
conflict with the authority under which organization is doing
business or with the provisions of any existing indenture or
agreement of Organization.
E. Organization has the power to enter into this Agreement
and accept payments hereunder, and has taken all necessary action
to authorize such acceptance under the terms and conditions of this
Agreement.
F. None of the assets of Organization are subject to any lien
or encumbrance of any character, except for current taxes not
delinquent, except a3 shown in the financial statements furnished
by Organization to City.
Each of these representations and warranties shall be
continuing and shall be deemed to have been repeated by the
submission of each request for payment.
X. CRANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of
this Agreement shall be by written amendment executed by both
parties, except when the terms of this Agreement expressly provide
that another method shall be used.
B. Organization may not make transfers between or among
approved line-items within b•:dget categories set forth in Exhibit
"B" without prior written approval of the Community Development
Administrator for the City. Organization shall request, in
writing, the budget revision in u form prescribed by City, and such
request for revision shall not increase the total monetary
obligation of City under this Agreement. In addition, budget
revisions cannot significantly change the nature, intent, or scope
of the program funded under this Agreement.
C. organization will submit revised budget and program
information, whenever the level of funding for Organization or the
program(s) described herein is altered according to the total
• levels contained in any portion of Exhibit "8."
D. It is understood and agreed by the parties hereto that
changes in the State, Federal or local laws or regulations pursuant j
hereto may occur during the term of this Agreement. Any such
modifications are to be automatically incorporated into this
Agreement without written amendment hereto, and shall become a part
• of the Agreement on the effective date specified by the law or
regulation. •
E. City may, from time to time during the term of the Agree-
ment, request changes in Exhibit A Which may include an increase or
decrease in the amount of Organization's compensation. Such
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changes shall be incorporated in a written amendment hereto, as
provided in Subsection A of this Section.
F. Any alterations, deletions, oy additions to the Contract
Budget Detail incorporated in Exhibit B shall require the prior
written approval of City.
G. Organization agrees to notify City of any proposed change
in physical location for work performed under this Agreement at
least thirty (30) calendar days in advance of the change.
H. Organization shall notify City of any cha•.gce in personnel
or governing board composition.
1. It is expressly understood that neither the performance of
Exhibit A for any program contracted hereunder nor the transfer of
funds between or among said programs will be permitted.
XI. INDEMNIFICATION
A. It is expressly understood and agreed by both parties
hereto that City to contracting with Organization as an independent
contractor and that as such, Organization shall save and hold City,
its officers, agents and employees harmless from all liability of
any nature or kind, including costs and expenses for, or on account
of, any claims, audit exceptions, demands, suits or damages of any
character whatsoever resulting in whole or in part from the
performance or omission of any employee, agent or representative of
Organization.
B. Organization agrees to provide the defense for, and to
indemnify and hold harmless City its agents, employees, or
contractors from any and all claims, suits, causes of action,
demands, damages, losses, attorney fees, expenses, and liability
arising out of the use of these contracted `.undo and program
administration and implementation except to the extent caused by
the willful act or omission of City, its agents or employees.
XII. INSURANCE
A. Organization shall observe sound business practices with
respect to providing such bonding and insurance as would provide
adequate coverage for services offered under thin Agreement.
k B. The premises on and in which the activities described in
{ Exhibit A are conducted, the employees conducting these activities,
• shall be covered by premise liability insurance, commorly referred
to as "Owner/Tenant" coverage with City named as an additional O
J insured. Upon request of organization, City may, at its sole
discretion, approve alternate insurance coverage arrangements.
C. Organization will comply with applicable workers,
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compensation statutes and will obtain employers' liability coverage
where available and other appropriate liability coverage for
program participants, if applicable.
D. Organization will maintain adequate and continuous
liability insurance on all vehicles owned, leased, or operated by
organization. All employees of Organization who are required to
drive a vehicle in the normal scope and course of their employment
must posses a valid Texas Driver's license and automobile liability
insurance. Evidence of the employee's current possession of a valid
license and insurance must be maintained on a current basis in
organization's files.
E. Actual losses are not covered by insurance as required by
this Section are not allowable costs under this Agreement, and
remain the sole responsibility of Organization.
F. The policy or policies of insurance shall contain a clause
which requires that City and Organization be notified in writing of
any cancellation or change in the policy at least thirty (30) days
prior to such change or cancellation.
XIII. CONFLICT OF INTEREST
A. Organization covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Agreement.
Organization further covenants that in the performance of this
Agreement, no person having such interest shall be employed or
appointed as a member of its governing body.
B. Organization further covenants that no member of its
governing body or its staff, subcontractors or employees shall
possess any interest in or use his/her position for a purpose that
is or gives the appearance of being motivated by desire for private
gain for himself /herself, or others; particularly those with which
he/she has family, business, or other ties.
C. No officer, member, or employee of City and no member of
its governing body who exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
this Agreement shall (1, participate in any decision relating to
the Agreement which affects his personal interest or the interest
in any corporation, partnership, or association in which he has
direct or indirect interest; or (2) have any interest, direct or
e indirect, in this Agreement or the proceeds thereof.
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XIV. NEPOTISM
Organization shall not employ in any paid capacity any person
who is a member of the immediate family of any person who is cur-
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rently employed by Organization, or is a member of Organization's
governing board. The term "member of immediate family" includes:
wife, husband, son, daughter, mother, father, brother, sister,
in-laws, aunt, uncle, nephew, niece, step-parent, step-child,
half-brother and half-sister.
XV. NOTICE
Any notice or other written instrument required or permitted
to be delivered under the terms of this Agreement shall be deemed
to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or
certified, return receipt requested, addressed to organization or
city, as the case may be, at the following addresses:
CITY ORGANIZATION
City of Denton, Texas Director
Attn: City Manager Fred Moore Day Nursery School
215 E. McKinney Inc.
Denton, TX 76201 621 Crosstimbers
Denton, Texas 76201
Either party may change its mailing address by sending notice
of change of address to the other at the above address by certified
mail, return receipt requested.
XVI. MISCELLANEOUS
A. Organization shall not transfer, pledge or otherwise
assign this Agreement or any interest therein, or any claim arising
thereunder to any party or parties, bank, trust company or other
financial institution without the prior written approval of City.
B. If any provision of this Agreement is held to be invalid.
illegal, or unenforceable, the remaining provisions shall remain in
full force and effect and continue to conform to the original
intent of both parties hereto.
C. In no event shall any payment to Organization hereunder,
or any other act or failure of City to insist in any one or more
instances upon the terms and conditions of this Agreement consti-
tute or be construed in any way to be a waiver by City of any
breach of covenant or default which may then or subsequently be
committed by organization. Neither shall such payment, act, or
omission in any manner impair or prejudice any right, power,
privilege, or remedy available to City to enforce its rights
hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of City may
waive the effect of this provision.
D. This Agreement, together with referenced exhibits and
attachments, constitutes the entire agreement between the parties
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hereto, and any prior agreement, assertion, statement, understand-
ing, or other commitment occurring during the term of this
Agreement, or subsequent thereto, have any legal force or effect
whatsoever, unless properly executed in writing, and if appropri-
ate, recorded as an amendment of this Agreement.
E. In the event any disagreement or dispute should arise
between the parties hereto pertaining to the interpretation or
meaning of any part of this Agreement or its governing rules,
codes, laws, ordinances, or regulatiors, City as the party
ultimately responsible to HUD for matters of compliance, will have
the final authority to render or to secure an interpretation.
F. This Agreement shall be interpreted in accordance with the
laws of the State of Texas and venue of any litigation concerning
this Agreement shall be in a court of competent jurisdiction
sitting in Denton County, Texas.
IN WITNESS WHEREOF, the parties do hereby affix their signa-
tures and enter into this Agreement as of the day of
1997.
CITY OF DENTON, TEXAS
BY:
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT PROUTY, CITY ATTORNEY
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BY:
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FRED MOORE DAY NURSERY SCHOOL
INC.
BY:
DIRECTOR
ATTEST:
BY:
SECRETARY
E:\DOCS\A\F ED. MCA
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EXHIBIT "A"
WORK STATEMENT
FRED MOORE DAY NURSERY SCHOOL INC.
The Fred Moore Day Nursery school is a non-profit child care center
which provides child care on a sliding scale. Children six weeks
through five years of age are eligible for the program. Ninety
percent of the children are from low income families. The parents
must be working to be eligible to enroll their child.
The purpose of the center is to provide a safe, healthy environment
that will meet the development needs of the child. Activities are
designed for each age group to meet the individual and group needs.
The curriculum includes creative arts, motor skills, speech
development, music as well as personal hygiene and manners.
The center provides breakfast, lurch, and an afternoon snack for
each child. All meals meet the USDA food requirements for children L
in child care. {
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Apenda No. ^O
Agenda Item 1'7
Dale -
DATE: 07-01.97
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJ: An ordinance approving an agreement between the City of Denton and Denton
City-County Day School Inc., to provide funding to Denton City-County Day
School Inc., authorizing the Mayor to execute the agreement approving the
expenditure of funds therefore; and providing for an effective date.
RECOMMFNDA71ON:
Community Development staff recommends approval.
BACKGROUND:
The 'T'exas Workforce Commission is the lead agency for the administration of
child care funds available under Title VI of the Personal And Responsibility and
Work Opportunity Reconciliation Act of 1996. Title VI authorizes federal funding
for children of parents who are working, in school, or in training and who meet
federal income guidelines. Clients must be children who live within the City of
Denton, in need of care, meet all other eligibility requirements for PRWORA
funding, and receiving services at Denton City-County Day School, Inc.
The City k eligible to receive matching funds from the Texas Workforce
Commission based on the number of eligible children and the 1996-1997
agreement with Denton City-County Day School Inc, for $21,000.
The City will provide the matching funds to Denton City-County Day School Inc.
• to cover the cost of providing care to eligible children. TWC will pay for 63.31%
of the cost of care for eligible children. The city will pay 36.69% of the cost of
care for eligible children; this amount will be covered with the $21,000 from the
I990-1997 general fund agreement with DCCDS.
SUMMARY:
• The funds from the Texas Workforce Commission will assist Denton City-County + O 0
Day School Inc., in providing care to children of parents who are working, in
school, or in training and who meet federal income guidelines.
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PROGRAbI$, DE.PAR7'MENTS OR GROUPS AFFECTED:
Beneficiaries of Denton City-County Day School, Inc.
Human Services Committee
Community Development Staff
FISCAL IMPACT:
The 1996-1997 agreement with Denton City-County Day School Inc. for $21,000
of general fund monies previously approved by the City Council will be used as
the local match.
Attachments:
Child Care Certified Expenditures Agreement Between the City of Denton, Texas and Denton
City-County Day School Inc.
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Respectfully submitted:
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Ted Benavides
City Manager
Prepared by.,
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Barbara Ross
Community Development Administrator
Approved: 14
D ~d Hill
Director of Planning and Development
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, . r.,., ...w..;.r. ,.ru....-r voia..aa...u aaw.:!.9.o.•*T`b^UfiAf::wl ~
ORDINANCE NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON CITY-COUNTY DAY SCHOOL INC., TO PROVIDE FUNDING TO
DENTON CITY-COUNTY DAY SCHOOL INC.; AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City's Human Services Committee ('HSC') has reviewed the services of Denton
City-County Day School Inc. (hereinafter referred to as 'Organization') and has determined that
Organization performs an important service for the residents of Denton; and
WHEREAS, the City has entered into an agreement with the Texas Workforce Commission
(hereinafter referred to as TWC) subsequent to Tide VI of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 to accept and expend funds for the purpose of providing
social arWor other services for the benefit of eligible individuals; and
WHEREAS, the City desires to provide funding reimbursed under the agreement with TWC to
the Organization to support child care eligible under Title VI. Such type of services ure currently
being provided by the Organization with funding from the City pursuant to a separate agreement
with Organization. The additional reimbursement provided pursuant to the attached Child Care
Certified Expenditures Agreement ("AGREEMENT') will enable Organization to provide better
quality services. NOW THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council hereby approves the 'AGREEMENT" attached
hereto, between the City of Denton and Organization, to provide funding to Organization, and
authorizes the Mayor to execute said AGREEMENT.
SECTION 11. That the City Council authorizes the expeuditure of funds in the manner as
specified in the AGREEMENT.
SECTION 111. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED th°s the _ day of l9_.
A JACK MILLER, MAYOR 0 tD
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
f,PPROVED AS TO LEGAL FORM:
I,'ERBERT L. PROUTY, CITY ATTORNEY
BY:
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CHILD CARE CERTIFIED EXPENDITURES AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS
AND DENTON CITY-COUNTY DAY SCHOOL INC,
This Agreement is hereby entered into by and between the City
of Denton, Texas, a Home Rule Municipal Corporation, hereinafter
referred to as "City, " and the Denton City-County Day School, Inc.,
a non-profit corporation, 1603 Paisley, Denton, Texas 76201,
hereinafter referred to as "Organization."
WHEREAS, City's Human Services Committee ("HSC") has reviewed
the proposal for services and has determined that Organization per-
forms an important service for the residents of Denton without re-
gard to race, religion, color, age or rational origin, and HSC
recommends the purchase of services; and
WHEREAS, the City has entered into an agreement with the Texas
Workforce Commission (hereinafter referred to as "TWC") subsequent
to Title VI of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 ("PRWORA"). Title VI authorizes federal
funding for children of parents who are working, in school, cr in
training and who meet federal income guidelines. TWC is authorized
to enter into agreement with public or private agencies to a:cept
and expand funds for the purpose of providing social and/or other
services for the benefit of eligible individuals; and
WHEREAS, the City desires to provide funding reimbursed under
this agreement to the Organization to support chile: care eligible
under Title VI. Such type of services are currently being provided
by the Organization with funding from the City pursuant to a
seoarate agreement with Organization. The additional ro.imbursement
provided pursuant to this Agreement will enable Organization to
provide better quality services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES
• Organization shall in a satisfactory and proper manner perform
the followiny tasks:
A. To provide low cost day care to low income parents who are
receiving public assistance and/or meet income guidelines, and are
working or receiving education or training and parents who are
transitioning from public assistance and need child care in order
to work and/or receive education or training.
I~ O •
B. Organization shall perform those services described in the
`J Work Statement herein attached as Exhibit "A."
C. Said services shall be of better quality than those
services currently provided pursuant to the 1996-1997 Agreement
between the CiLy of Denton, Texas and Denton City-County Day School
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Inc. The funds provided pursuant to this Agreement will enhance
teacher training, provide a more diverse curriculum and provide
more parent education concerning parenting skills and nutrition.
D. All services shall be provided in accordance with the
requirements of the Certification Agreement between TWC and the
City UCN #0353923 inc)",ing, without limitation, the Local
Operating Plan, the provL~iens of which are incorporated herein by
reference.
II. OBLIGATIONS OF ORGANIZATIQN
In consideration of the receipt of funds from City, organi-
zation agrees to the following terms and conditions:
A. Funds provided to organization by City shall be spent for
staff training and supplies, including supplies needed to teach
cooking and parenting skills classes.
B. To prepare and submit all appropriate certifying informa-
tion for support and provision of child care to eligible Title VI
clients as determined by TWC to the Community Development office,
100 W. Oak Street, Suite 208, Denton, Texas 76201. Information
submitted will detail expenditures for care and support and be in
a format acceptable for processing through the State Controller's
Office.
C. To keep records adequate to show that the total amount of
match requested for services to eligible Title VI clients does not
exceed the amount provided by the City during the certification
period.
D. To utilize all funding received under this agreement to
provide low cost child care to low income families in accordance
with all applicable local, state and federal laws and regulations.
E. To provide quarterly and annual reports to the City
including such non-confidential information as may be requested by
the City.
O
F. To provide all information and reports which are necessary
for City to perform its duties pursuant to the Child Care Expendi-
ture Contract, Contract Number 0353923 which is attached hereto as
Exhibit "B" apd incorporated herein as if aet forth at length.
G. It will permit authorized officials of City to review its
® bcoks at any time.
H. It will reduce to writing all of its rules, regulations,
and policies and file a copy with c.!_y's Community development
Office along with any amenrimepts, additions, or revisions whenever
adopted.
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1. It will not enter into any contracts that would encumber
City funds for a period that would extend beyond the term of this
Agreement.
J. It will appoint a representative who will be available to
meet with City's Executive Director of Finance and other City
officials when requested.
K. It will indemnify and hold harmless City, its officers,
agents, and employees from any and all claims and suits arising out
of the activities of Organization, its employees, and/or contrac-
tors, and save and hold City harmless from all liability, including
costs, expenses and attorneys fees, for or on account of, any
claims, audit exceptions, suits, or damages of any character
whatsoever, resulting in whole or in part from the performance or
omission of any employee, agent or representative of Organization.
L. It will submit to City copies of year-end audited finan-
cial statements.
M. It will establish, operate, and maintain an account system
for this program that will allow for a tracing of funds and a
review of the financial status of the program.
N. It will permit authorized officials of the City to review
its books at any time.
III. TIME OF PERFORMANCE
The services funded by City shall be undertaken by organiza-
tion within the following time frame:
October 1, 1996 through August 31, 1997.
IV. REIMBURSEMENT REQUEST AND PAYMENT OF MATCHING FUNDS
The City agrees:
A. City shall complete and submit, after receipt of certify-
ing information from the Organization, a State of Texas Purchase
Voucher requesting reimbursement of certified expenditures.
Organization understands and agrees that City has entered into a
certification agreement with TWC to fund this Agreement, and that
funding of this Agreement is contingent on the availability of
local, state, and federal funds. If funds are unavailable or
reduced, written notice will be given by City to organization of
® termination, payment suspension, or funding reduction.
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B. City shall pay the Organization all matching funds
received from TWC under Contract Number 0353923 within 30 days of
receipt providing such amounts do not exceed the reimbursement
request.
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C. Excess Payment. Organization shall refund to City within
ten (10) working days of City's request, any sum of money which has
been paid by City and which City at any time thereafter deterr.tines:
1) has resulted in overpayment to Organizatior; or
2) has not been spent strictly in accordance with the
terms of this Agreement; or
3) is not supported by adequate documentation to fully
justify the expenditure.
D. Deobligation of Funds. In the event that actual expen-
ditures deviate from Organization's provision of a corresponding
level of performance, as specified in Exhibit ^A,^ City hereby
reserves the right to reappropriate or recapture any such under
expended funds.
E. Contract Close Out. Organization shall submit the
contract close out package to city, together with a final expen-
diture report, for the time period covered by the last invoice
requesting reimbursement of funds under this Agreement, within
fifteen (15) working days following the close of the contract
period. Organizatinn shall utilize the form agreed upon by City
and Organization.
V. EVALUATION
Organization agrees to participate in an implementation and
maintenance system whereby the services can be continuously
monitored. Organization agreez co make available its financial
records for review by City at City's discretion. In addition,
Organization agrees to provide City the following data and reports,
or copies thereof:
A. All external or internal audits. Organization shall
submit a copy of the annual independent audit to City within ten
(10) days of receipt.
• B. All external or internal evaluation reports.
C. Quarterly performance reports to be submitted in January,
April, July, and September, to include the following data:
1) Number of children served each month.
® 2) rncome level of families participating in program.
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3) Race and/or ethnicity of participating children.
D. Organization agrees to submit quarterly financial state-
ments in January, April, July, and September. Each statement shall
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include expenses and income, outstanding obligations and beginning
and ending balances.
E. An explanation of any major changes in program services.
F. To comply with this section, Orga.ization agrees to
maintain rec:orde that will provide accurate, current, separace, and
compleCe disclosure of the status of funds received and the
services performed under this Agreement. Organization's record
system shall contain sufficient documentation to provide in detail
full support and justification for each expenditure. Organization
agrees to retain all books, records, documents, reports, and
written accounting procedures pertaining to the services provided
and expenditure of funds under this Agreement for the perioJ of
time and under the conditions specified by the City.
G. Nothing in the above subsections shall be construed to
relieve organization of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
services provided under this Agreement.
VI. DIRECTORS' MEETINGS
During the tezm of this Agreement, Organization shall deliver
to City copies of all notices of meetings of its Board of Direc-
tors, setting forth the time and place thereof. Such notice shall
be delivered to City in a timely manner to give adeq-late notice,
and shall include an agenda and a brief description of the matters
to be discussed. Organization understands and agrees that City's
representatives shall be afforded access to all meetings of its
Board of Directors.
Minutes of all meetings of Organization's governing body shall
be available to City within ten (10) working days of approval.
VII. SUSPENSION OR TEMINATION
A. The City may terminate this Agreement with cause if the
Organization violates any covenants, agreements, or guarantees of
i this Agreement, the Organization's insolvency or filing of bank-
ruptcy, dissolution, or receivership, or the Organization's
violation of any law or regulation to which it is bound under the
terns of this Agreement.
S. The City may terminate this Agreement for convenience at
any time. If this Agreement is terminated for convenience by the
• City, Organization will be paid an amount not to exceed the total O
amount of accrued expenditures as of the effective date of termi-
nation. In no event will thin compensation exceed an amount which
bears the same ratio to the total compensation as the services
actually performed hears to the total services of organization
covered by the Agreement, less payments previously made.
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In case of suspension, City shall advise organization, in
writing, as to conditions precedent to the resumption of funding
and specify a reasonable date for compliance.
In case of termination, Organization will remit to City any
unexpended City funds. Acceptance of these funds shall not
constitute waiver of any claim City may otherwise have arising
out of t' reement.
EOUAL OPPORTUNITY AND COMLLIANCS WITH LAWS
A. Organization will submit for City approval, a written plan
for compliance with the Equal Employment and Affirmative Action
Federal provisions, within one hundred twenty (120) days of the
effective date of this Agreement.
B. organization shall comply with all applicable equal
employment opportunity and affirmative action laws or regulations.
C. Organization will furnish all information and reports
requested by City, and will permit access to its books, records,
and accounts for purposes of investigation to ascertain compliance
with local, State and Federal rules and regulations.
D. In the event of Organization's non-compliance with the
non-discrimination requirements, the Agreement may be canceled,
terminated, or suspended in whole or in part, and organization may
be barred from further contracts with City.
IX. WARRANTIES
ORGANIZATION represents and warrants that:
A. All information, reports and data heretofore or hereafter
requested by City and furnished to City, are complete and accurate
as of the date shown on the information, data, or report, and,
since that date, have not undergone any significant change without
written notice to City.
S. Any supporting financial statements heretofore requested
by City and furnished to City, are complete, accurate and fairly
reflect the financial conditions of Organization on the date shown
on said report, and the results of the operation for the period
covered by the report, and that since said data, there has been no
material change, adverse or otherwise, in the financial condition
of Organization.
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C. No litigation or legal proceedings are presently pending 1
J or threatened against organization.
D. None of the provisions herein contravenes or is in con-
flict with the authority under which Organization is doing business
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or with the provisions of any existing indenture or agreement of
organization.
E. Organization has the power to enter into this Agreement
and accept payments hereunder, and has taken all necessary action
to authorize such acceptance under the terms and conditions of this
Agreement.
F. None of the assets of Organization are subject to any lien
or encumbrance of any character, except for current taxes not
delinquent, except as shown in the financial statements furnished
by organization to City.
Each of these representations and warranties shall be
continuing and shall be deemed to have been repeated by the
submission of each request for payment.
X. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of
this Agreement shall be by written amendment executed by both
parties, except when the terms of this Agreement expressly provide
that another method shall be used,
B. Organization may not make transfers between or among
approved line-items within budget categories set forth in Exhibit
"B" without prior written approval of the Community Development
Administrator for the City. Organization shall request, in
writing, the budget revision in a form prescribed by City, and such
request for revision shall not increase the total monetary
obligation of City under this Agreement. In addition, budget
revisions cannot significantly change the nature., intent, or scope
of the program funded under this Agreement.
C. Organization will submit revised budget and program
information, whenever the level of funding for Organizacion or the
program(s) described herein is altered according to the total
levels contained in any portion of Exhibit "B."
y r D. It is understood and agreed by the parties hereto that
changes in the State, Federal or local laws or regulations pursuant
hereto may occur during the term of this Agreement. Any such
modifications are to be automatically incorporated into this
Agreement without written amendment hereto, and shall become a part
of the Agreement on the effective date specified by the law or
regulation.
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J E. City may, from time to time during the term of the Agree-
ment, request changes in Exhibit "A" which may include an increase
or decrease in the amount of organization's compensation. Such
changes shall be incorporated in a written amendment hereto, as
provided in Subsection A of this Section.
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F. Any alterations, deletions, or additions to the Contract
Budget Detail incorporated in Exhibit "B" shall require the prior
written approval of City.
G. Organization agrees to notify City of any proposed change
in physical location for work performed under this Agreement at
least thirty (30) calendar days in advance of the chana~.
H. Organization shall notify City of any changes in personnel
or governing board composition.
I. It is expressly understood that neither the performance of
Exhibit "A" for any program contracted hereunder nor the transfer
of funds between or among said programs will be permitted.
XI. INDEMNIFICATION
A. It is expressly understood and agreed by both parties
hereto that City is contracting with Organization as an independent
contractor and that as such, organization shall save and hold City,
its officers, agents and employees harmless from all liability of
any nature or kind, including costs and expenses for, or on account
of, any claims, audit exceptions, demands, suits or damages of any
character whatsoever resulting in whole or in part from the
performance or omission of any employee, agent or representative of
Organization.
B. Organization agrees to provide the defense for, and to
indemnify and hold harmless City its agents, employees, or
contractors from any and all claims, suits, causes of action,
demands, damages, losses, attorney fees, expenses, and liability
arising out of the use of these contracted funds and program
administration and implementation except to the extent caused by
the willful act or omission of City, its agents or employees.
XII. INSURANCE
A. Organization shall observe sound business practices wit.!,
respect to providing such bonding and insurance as would provide
• adequate coverage for services offered under this Agreement.
B. The premises on and in which the activities described in
Exhibit "A" are conducted, the employees conducting these activi-
ties, shall be covered by premise liability insurance, commonly
referred to as "Owner/Tenant" coverage with City named as an
additional insured. Upon request of Organization, City may, at its
® sole discretion, approve alternate insurance coverage arrangements.
C. Organization will comply with applicable workers' compen-
sation statutes and will obtain employers' liability coverage where
available and other appropriate liability coverage for program
participants, if applicable.
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D. Organization will maintain adequate and continuous
liability insurance on all vehicles owned, leased, or operated by
organization. All employees of Organization who are required to
drive a vehicle in the normal scope and course of their employment
must posses a valid Texas Driver's license and automobile liability
insurance. Evidence of the employee's current possession of a
valid license and insurance must be maintained on a current basis
in organization's files.
E. Actual lasses are not covered by insurance as required by
this Section are not allowable costs under this Agreement, and
remain the sole responsibility of Organization.
F. The policy or policies of insurance shall contain a clause
which requires that City and Organization be notified in writing of
any cancellation or change in the policy at least thirty (30) days
prior to such change or cancellation.
XIII. CONFLICT OF INTEREST
A. Organization covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Agreement.
Organization further covenants that in the performance of this
Agreement, no person having such interest shall be employed or
appointed as a member of its governing body.
8. Organization further covenants that no member of its
governing body or its stafE, subcontractors or employees shall
possess any interest in or use his/her position for a purpose that
is or gives th- appearance of being motivated by desire for private
gain for himself /herself, or others; particularly those with which
he/she has family, business, or other ties.
C. No officer, member, or employee of. City and no member of
its governing body who exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
this Agreement shall (1) participate in any decision relating to
A the Agreement which affects his personal interest or the interest
in any corporation, partnership, or association in which he has
direct or indirect interest; or (2) have any interest, direct or
indirect, in thin Agreement or the proceeds thereof.
XIV. NEPOTISM
• organization shall not employ in any paid rapacity any person
who is a member of the immediate family of any person who is cur- • {
rently employed by organization, or is a member of organization's
governing board. The term "member of immediate family" includes:
wife, husband, son, daughter, mother, father, brother, sister,
in-laws, aunt, uncle, nephew, niece, step-parent, step-child,
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half-brother and half-sister.
XV, NOTICE
Any notice or other written instrument required or permitted
to be delivered under the terms of this Agreement shall be deemed
to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or
certified, return receipt requested, addressed to organization or
City, as the case may be, at the following addresses:
CITY ORGANIZATION
City of Denton, Texas Director
Attn: City Manager Denton City-County Day School
215 E. McKinney Inc.
Denton, TX 76201 1603 Paisley
Denton, Texas 76201
Either party may change its mailing address by sending notice
of change of address to the other at the above address by certified
mail, return receipt requested.
XVI. MISCELLANEOUS
A. Organization shall not transfer, pledge or otherwise
assign this Agreement or any interest therein, or any claim arising
thereunder to any party or parties, bank, trust company or other
financial institution without the prior written approval of City.
B. If any provision of this Agreement is held to be invalid,
illegal, or unenforceable, the remaining provisions shall remain in
full force and effect and continue to conform to the original
intent of both parties hereto.
C. In no event shall any payment to Organization hereunder,
or and other act or failure of City to insist in any one or more
instances upon the terms and conditions of this Agreement consti-
tute or be construed in any way to be a waiver by city of any
breach of covenant or default which may then or subsequently be
• committed by Organization. Neither shall such payment, act, or
omission in any manner impair or prejudice any right, power,
privilege, or remedy available to City to enforce its rights
hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of City may
waive the effect of this 1revisien.
® D. This Agreement, together with referenced exhibits and O 0
attachments, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertion, statement, understand-
ing, or other commitment occurring during the term of this
Agreement, or subsequent thereto, have any legal force or effect
whatsoever, unless properly executed in writing, and if appropri-
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ate, recorded as an amendment of this Agreement.
E. In the event any disagreement or dispute should arise
between the parties hereto pertaining to the interpretation or
meaning of any part of this Agreement or its governing rules,
codes, laws, ordinances, or regulations, City as the party
ultimately responsible to HUD for matters of compliance, will have
the final authority to render or to secure an interpretation.
F. This Agreement shall be interpreted in accordance with the
laws of the State of Texas and venue of any litigation concerning
this Agreement shall be in a court of competent jurisdiction
sitting in Denton Cojnty, Texas.
IN WITNESS WHEREOF, the parties do hereby affix their signa-
tures and enter into this Agreement as of the day of
1997.
CITY OF DENTON, TEXAS
BY: _
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT PROUTY, CITY ATTORNEY
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BY:
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DENTON CITY-COUNTY DAY SCHOOL
INC.
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DIRECTOR
ATTEST:
BY:
SECRETARY
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Agenda Ho. C~~
Agenda Item _1191_1. -
Data q - I
DATE: 07.01-97
CITY COUNCIL, REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SIJBJ: An ordinance approving a certification agreement between the City of Denton and
the Texas Workforce Commission to provide funding for support and provision of
child care to eligible clients; authorizing the Mayor to execute the agreement;
approving the expenditure of funds therefor; and providing for an effective date.
RECOh1MENDA1ION:
Community Development staff recommends approval.
BACKGROUND:
The Texas Workforce Commission is the lead agency for the administration of `
child care funds available t,nder Title VI of the Peisonal And Responsibility and
Work Opport4nity Reconciliation Act of 1996. Title VI authorizes federal funding
for children of parents who are working, in school, or in training and who meet
federal income guidelines. Clients must be children who live within the City of
Denton, in need of care, meet all other eligibility, requirements for PRWORA
funding, and receiving services at any of the following:
MLK/Ri%era After School Action Site Program
ID,n!on Independent School District - Teen Parent Program
MLK Kings Kids Summer Day Kamp
Owsley Summer Playground Program
The City is eligible to receive matching funds from the Texas Workforce
• Commission for support and provision of child care to eligible clients which
occurred during the period from September 1, 1997 through August 31, 1998.
TWC will pay 63.31% of the cost of care for eligible children. The city will pay '
36.69% of the cost of-are for eligible children; this amount will be covered with
monies allocated by the City Council to the organizations(programs named above
• in the 1997 Action Piar. for Housing and Community Development. 0
Matching, funds received from TWC based on eligible children at MLK/Rivera
After Sch-)ol Action Site, DISD TT RIPS, btLK Kings Kids Day Kamp and the
Owsley Summer Playground will be provided to the Community Development
1
rt.e....w.u1 .,....,......:....~....,...r
.s . L.., .::'1i4.~J.r..,r.•,.., xa:;~:umx,.,'.tiaM.+w-... y ,".«~YC«~1rr34~'P;f'd':>.?.Kt'7d~.cS?+/'d1i'2'iNP.S t»*
,
Office becau: L -lie CDBG grants th-s•'. organi,ations received covered the full
cost of care. These monies will be useu to fund additional Community
Development activities.
SUMMARY:
The funds from Title VI will assist child care providers in providing care to
children of parents who are working, in school, or in training and who meet
federal income guidelines.
PROGRAMS. DEPARTMENTS OR GROUP$AEFECTED:
Beneficiaries of MLK/Rivera After School Action S;te
Beneficiaries of Ihnton Independent School District
Beneficiaries of MLK Ki as Sputtmer Day Kamp
Beneficiaries of Owsley £ammer Playground Program
Human Services Committee
Community Development Advisory Committee
Community Development Staff
FISCAL IMPACT: `
The city will pay 36.( of the cost of care for eligible children; this amount will
be covered with monies allocated by the City Council in the 1997 Action Plan for
Housing and Community Development to organizations/programs providing child
care to children of parents who are working, in school, or in training.
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Attachments:
Certification Agreement Between Texas Workforce Commission and City of Denton
Local Operating Plan, 1999
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Respectfully submitted: `
Ted Benavides
City Manager
Prepared by:
Barbara Ross
Community Development Administrator
Approved: j "
1 svid Hi1i
Director of Planning and Development
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ORDINANCE NO.
AN ORDINANCE APPROVING A CERTIFICATION AGREEMENT BETWEEN THE CITY
OF DENTON AND THE TEXAS WORKFORCE COMMISSION, TO PROVIDE FUNDING
FOR SUPPORT AND PROVISION OF CHILD CARE TO ELIGIBLE CLIENTS; AUTHOR-
IZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDI-
TURE OF FUNDS THEREFOR; AND PROVIDINO FOR AN EFFECTIVE DATE.
WHEREAS, the City desires to provide funding under an agreement with the Texas
Workforce Commission ("TWC'7 to support child care eligibility under Tide VI of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act') and provide such
social and/or other services for the benefit of eligible individuals from September 1, 1997 to
August 31, 1998; and
WHEREAS, by entering into an agreement with TWC subsequent to Tide VI of the Act
to accept and expend funds for the purpose of providing these social and other services for child
care, additional reimbursements may be provided pursuant to the attached Certification Agra-
ment with TWC contract number UCN #03100002 ("Agreement'); and
WHEREAS, the Agreement with TWC will provide the opportunity to obtain funding of
approximately $200,000, the federal share being $126,620 and the local matching share $73,380,
and the City Council dams it in the public interest to enter into this Agreement; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That the City Council hereby apP:aves the Agreement attached hereto be-
tween the City of Deacon and the TWC, to provide funding for child care services as described
above, and authorizes the Mayor, or in his absence, the Mayor Pro Tem; to execute SPA Agree-
ment or any other documents necessary to the Agreement or the program.
5_ECJ Il. That the City Council authorizes the expenditure of funds in the manner as
specified in the Agreement.
A
SECTION IH. That this ordinance shall become effective immediately upon its passage
and approval. '
PASSED AND APPROVED this the day of , 1997.
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVFD AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
BY: -ce.
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EiDXSSDRD4TK'C AGREEMENT 97-95
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STATE OF TEXAS
COUNTY OF TRAVIS
CERTIFICATION AGREEMENT
BE7 WEEN
TEXAS WORKFORCE CO,jWSSION
AND
ITY EDEN N
UCN# 03100002
The TEXAS WORKFORCE CONMSSION, herein referred to as TWC, and CITY OE
DFNTON, hereinafter referred to as the Certifier, do hereby make and enter into this contract
which constitutes the entire agreement.
1. CONTRACT AUTHORITY
TWC is the lead agency in Texas for the administration of child care funds available under
Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA). TWC has insufficient appropriations of state funds necessary to fully utilize
the federal child care finds available under the PRWORA. The state's matching share for
costs of child care services is 36.69 percent. Entities may contribute the state's share in
matching federal child car: funds by expenditure certification.
2. The Certifier agrees.
a. To certify expenditures of approximately $20.000.0
,
FEDERAL SHARE LOCAL SHARE TOTAL PROGRAM
$ 126,620.00 $73,38000 $ 200,000 90
for support and provision of child care to eligible clients during the period from
Sepr ,rber 1. 1997 through August 31. 1998.
• b. To make its certification of expenditures to TWC within the time frames specified
by MC.
C. To keep, and make available to TWC upon request, records adequate to show that
the total amount expended for services to eligible clients is equivalent to reported
certified expenditures and that the non-federal share qualifies as the non-federal • •
matching share. Said records shall be retained for three years and 90 days after the
lerminatiun of the agreement.
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d. That the only child care services covered under this agreement are those provided
in accordancewith all applicable local, state and federal laws and regulations.
e. To provide TWC with certification information detailing expenditures for care and
support in the format and within the time frames prescribed by TWC.
f. To provide TWC with data needed for federal reporting purposes upon request.
3. 'IWC agrees to:
a. Inform the Certifier of the time frames and procedures for certification of
expenditures during the funding period,
b. Pay the Certifier the applicable federal matching share of the amount certified as
total expenditures for support and provision of child care to eligible clients.
C. Prepare all reports to the federal government an ti.penditures and services in order
to obtain federal matching funds.
4. TWC and the Certifier mutually agree as follows:
a. Mutually agreed upon local operating plans and procedures will be used to
implement and carry out the terms and intent of this agreement relating to the time
period for the certification.
b. This agreement may be amended by the mutual agreement of both parties at any
time.
c. This agreement is contingent upon the availability of local, state, and federal funds.
If funds are unavailable or reduced, written notice will be given by either party of
termination, payment suspension, or funding reduction.
d, That if federal, state or local laws or other requirements are amended or judicially
interpreted so as to render continued fulfillment of this contract, on the part of
either party, substantialiy unreasonable or impossible and if the parties should be
unable to agree upon any amendment which would therefore be needed to enable
the substantial continuation of the services contemplated herein, the parties shall be
discharged from any further obligations created under the terms of this contract,
except for the equitable settlement of the respective accrued interests or
obligations incurred up to the date of termination.
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C, This agreement may be terminated by either panty, for any reason, upon written
not fication to the other party at least 90 days in advance of such terminat:om.
Nothing in this paragraph shall be construed to prohibit immediate cancellation
pursuant to items (c.) and (d) above.
5. SIGNATURES,
The signatories below certify that they are authorized to bind their respective
organizations in the manner described above.
TEXAS WORKFORCE COMMISSION CITYOFDENTON
(Signature) (Signature)
Jack Miller
(Name) (Name)
Director of Welfare to WorklSpecial
Services Integration tjEyor
(Title) (Title)
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APFROVED AS TO LEGAL FORM:
HERBERT L. PROUPTY, CITY ATTORNEY
BY: /
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LOCAL OPERATING PLAN .
1998
1. TYPE OF CONTRACT:
Certification contract
IL INFORMATION ABOUT CONTRACTOR:
Name of Contractor: City of Denton
Contact Person: Derrick Collins
Title: Human Services Coordinrtor
Address: 100 W. Oak Street, Suite 208
Denton, Texas 76201
Phone 817-6399-7235
Fax k 817-838-2445
III. OPERATING PROVIQ?;~FNS:
Referral of clients:
Clients to be funded under this program can be self referred or referred by anyone
within the community.
2. Eligibility:
The Contractor will determine eligibility using the most current income eligibility
code card Specific criteria applicable to this agreement are:
a. Clients must be children who lice within the City of Denton, in need of
care, and are receiving services at any of the following:
' After School Action Site Program
' Denton Independent School District - Teen Pareni Program
(Children not being paid for by the CCMS or DISD PEP funds)
' MLK Kings Kids Summer Day Kamp
• Owsley Summer Playground Program
9 b Children must meet all other eligibility requirements for PRWORA 0
funding
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c. An acknowledgement of time-limited funding will be included in the
paperwork that parents sign during the intake process.
3. Delivery of Child Care:
Child Care will be provided at the abo%a sites or at sites previously approved
by the City of Denton
4. Parent Fees.
parent fees will be assessed in accordance with standard TR'C policies. In
general, a family with one child in care will have a parent fee of 9°/a of the gross
monthly income, while a family with two or more children in care will hhve a
parent fee of I I% of the gross monthly income.
5. Attendance:
Each a itity will maintain documentation of each child's attendance in day care.
This information will be provided to the City of Denton on a monthly basis by the
child care providers. Standard TWC attendance policies will apply to children
served under this agreement
6. Funds Management
e. Payment for child care provided to these children will be made by
the City of Denton.
b. Reimbursement of the Federal share (63.31 of the amount spent by
the City of Denton for child care will be managed by the TWC contract
manager.
c. Prior to billing, all sites will be licensed by either the Child Cue
• Licensing Division of the Department of Protective and Regulatory
Services or the Health Department, wfichever is applicable.
d. Child care providers will bill the City of Denton each mos'3t for child
care provided to eligible children using Form 2016.
e. The City of Denton will pay the providers for all eligible child care.
f On a regular basis, the City of Denton will review the form 2016s for
accuracy, complete and attach a form 4116 an; snail it all to the TWC
contract manager.
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g. The TWC contract manager will monitor the billing for accuracy and
funds availability and send the documents to State Office for paji xnt. `
h. The final billing must be completed by the City of Denton and in the
hands of the Contract Manager by no later than September 16, 1949.
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IV. SIGNATURES:
TEXAS WORKFORCE COMMISSION CITY OF DENTON
By:_ By: _
Suzy Peterson Barbara Ross
Title: Contract Manager Title: Director of Community
Development
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Apenda No. CS ~A 4
Apen@a item
ED
CITY 0FDEN7ON, TEXAS MUNICIPALBUlLDfNO • DENTON, TEXAS 76201 TELEPHONE (817) 566-&V7
Office of the City Manager
MEMORANDUM
DATE: June 10, 1997
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: CONTRACT WITH TEAGUE, NALL & PERKINS
Attached is the ordinance and Professional services agreement with Teague, 1`,'all and Perkins.
This contact is for the design of the Ruddell bridge, channel and all of the channel
improvements and crossings from the main channel of Pecan Creek to ilie Robertson Street
crown span culvert. The contract is for $217,647. We have existing bond money to do this.
Council may remember from the s,. •nario that staff presented last inomh, bond move up money
and CDBG funding would be included in the budget which will allow us to begin the
construction of these improvements in the fAl of this year.
If you or cos 'has any questions, I will be happy to try and answer them.
Rick Svehla
Deputy City Manager
• A • •
AS of
J AMnm
AMM00A69
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'Dedicated to Quatity Barite" Y
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CITY COUNCIL REPORT
DATE: June 9, 1997
TO: Mayor and Members of the City Council
1
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Professional Services Agreement for PEC-4 with Teague, Nall, and
Perkins
RECOMMENDATION:
Approve the ordinance that will authorizing the City Manager to execute the
Agreement for Professional Engineering Services
S4+J+R Y:
PEC-4 flows through the center of southeast Denton. It carries most of tho storm
water runoff from UNT and the Southcentral part of Denton to Pecan Creek near
Fuddell Street. This contract will design the Bridges/Culverts and the channel
from Ruddell to the Robertson Culvert that has been designed.
BACKGROUND:
This stream has been a focus of the CIP process for many years. In the 1995 Bond
Election, some funding was approved for this channel. Additional funds are coming
from CDBG, City of Denton Utility Department, and the General Fund.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED,
Citizens in Southeast Denton, Engineering and Transportation Department, Drainage
Division, Police, Fire, and the General Public. The Drainage subcommittee and the
overall Oversight Committee have both reviewed and recommend approval of the
design phase PEC-4.
FISCAL IMPACT;
The total fee in consideration of the professional services to be performed are
$217,647.
RE ECTFUL a SUBM TIED:
R c Sv a
Deputy City Manager
•
Prepared by:
'I
Jer y C ark
• Dir c r of gineering 6 Transportation
AEEO083A
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFES-
SIONAL SERVICES CONTRACT WITH TEAGUE, NALL AND PERKINS, INC. FOR THE
DESIGN OF THE STREAM PEC 4 STORM DRAINAGE IMPROVEMENTS AND THE
RUDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
SECTION 1. That the City Manager is hereby authorized to enter into a professional
services contract with Teague, Nall and Perkins, Inc, for the design of the stream PEC 4 storm
drainage improvements and the Ruddeli Street bridge and channel improvements, a copy of
which is attached hereto and incorporated by reference herein.
SECTION II. That the City Manager is authorized to expend funds as required by the
attached contract.
SECTION III. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of .1997.
JACK MILLER, MAYOR
ATFEST:
JENNIFER WALTERS, CITY SECRETARY
1
• BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
f
BY:
E 0XSOPD1TEAGUE NALL PERKINS ORD
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PROFESSIONAL SERVICES AGREEMENT
for the design of
STREAM PEC4 STORM DRAINAGE IMPROVEMENTS
(Pecan Creek to T & P Raisoad)
and
RUDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS
(Ruddell Street to Stream PEC4)
STATE OF TEXAS ¢
COUNTY OF DENTON 4
THIS AGREEMENT is made and entered into as of the day of _ , 1947,
by and between the City of Denton, a Texas Municipal Corporation, with its principal office at
215 E. McKinney Street, Denton, Denton County, Texas 76291, (hereinafter sometimes referred
to as "OWNER") and Teague Nall and Perkins. Inc„ with its corporate office at 415 Florence St..
Fort Worth. Texas 76102, hereinafter called the ('CONSULTANT`) acting herein, by and
through their duly authorized representative.
WITNESSETH, that in consideration of .1e covenants and agreements herein contained, the
parties hereto do mutually agree as follows:
ARTICLE I
•
ENIPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an ind, pendent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the Project as
• ~ A O ,
stated in the sections to follow, with diligence and in accordance with the professional standards
customarily obtained for such services in the State of Texas. The professional services set out
herein are in connection with the following described project:
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The Project shall include without limitation: the design of concrete channel liner
improvements along Stream PEC 4 from Pecan Creek westerly to the T&P Railroad including
water and sanitary sewer relocations as needed; preparation of required easement documents;
preparation of a CLOMR for this rum reach of the stream; and the design of bridge
improvements at Ruddell Street and related concrete channel liner improvements from the bridge
to Stream PEC-4 including water and sanitary sewer relocations as needed; preparation of
easement documents; and preparation of a CLOMR for the bridge improvements.
ARTICLE 11
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. The CONSULTANT shall perform all those services as necessary and as described in the
OWNER's verbal request for a priced, scope of work proposal, which the owner bas
utilized to solicit the CONSULTANT's services.
B. To perform all those services set forth in CONSULTANT'S revised proposal dated April
21, 1997, which proposal is attached hereto and made a part hereof as Exhibit "A" as if
written word for word herein.
C. CONSULTANT shall perform all those services set forth in individual task orders which
shall be attached to this agreement and made a part hereof for all purposes as separate
•
agreements.
r
Task Orders
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I . Preparation of plans, specifications, and contract documents. O
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2. Topographic field surveys for design.
3. Boundary surveys,
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4. Easement document preparation.
5. Preparation of Conditional Letter of Map Revision (CLOMR).
Detailed descriptions of the specific responsibilities of the CONSULTANT for the above
services are found in EXHIBIT "A" attached hereto.
D. If there is any conflict between the terms of this Agreement and the exhibits attached to this
Agreement, the terms and conditions of this Agreement will control over the terms and
conditions of the attached exhibits or task orders.
ARTICLE IT
ADDITIONAL SERVICES
Additional Services to be performed by the CONSULTANT, if authorized by the OWNER,
which are not included in the above described basic services, are described as follows:
A. During the course of the project, as requested by OWNER, the CONSULTANT will be
avaiiaLle ;o 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,
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shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties
O outside of and in addition to this Agreement.
O •
C. Sampling, testing, or analysis bayond that specifically included in Basic Services.
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D. Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawings, or
files for the OWNER's use in a future CAD system.
E. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
F. Appearing before regulatory agencies or courts as an expert witness in any litigation with
third parties or condemnation proceedings arising from the development or construction of
the Project, including the preparation of engl=ring data and reports for assistance to the
OWNER.
G. Providing geotechnical investigations for the site including soil borings, related analyses,
and recommendations.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
E CONSULTANT of this Agreement and upon issuance 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
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to complete the services set forth herein as expeditiously as possible and to meet the schedule
established by the OWNER, acting through its City Manager or his designee.
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ARTICLE V
COMPENSATION
A. COMPENSATION TERAIS:
1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services in the nature of geo-technical.
2. "Direct Non-Labor Expense" is defused as that expense for any assignment incurred
by the CONSULTANT for supplies, transportation and equipment, travel,
communications, subsistence, and lodging away from home and sim.iiar incidentals in
connection with that assignment.
B. BILLING AND PAVAIENT:
For and in consideration of the professional services to be performed by the
CONSULTANT herein, the OWNER agrees to pay CONSULTANT based on the cost
estimate detail at an hourly rate shown in Exhibit `B", which is attached hereto and made
a part of this Agreement as if written word for word herein, a total fee including
reimbursement for direct non-labor expense not to exceed S 217,647.
Partial payments to the CONSULTANT will be trade on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
•
designees, however, under no circumstances shall any monthly statement for services exceed
the value of the work performed at the time a statement is rendered. The OWNER may /
withhold the final S% 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
nct submitted in compliance with the terms of this Agreement. The City shall not be
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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-to-
exceed fee as stated without first having obtained written authorization from the OWNER.
The CONSULTANT shall not proceed to perform the services listed in Article IV.,
Additional Services, without obtaining prior written authorization from the OWNER.
C. ADDITIONAL SERVICES
For Additioaal Services authorized in writing by the OWNER in Article IV, the
CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in
Exhibit "B". Payments for additional services shall be due and payable upon submission
by the CONSULTANT and shall be in accordance with subsection B hereof. Statements
shall riot be submitted more frequently than monthly.
D. PAYMENT
If the OWNER fails to make payments due the CONSULTANT for services and expenses
within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof,
he amounts due the CONSULTANT will be increased by the rate of one percent (I 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 Ml all amounts due for services,
expenses and charges provided, however, nothing herein shall require the OWNER to pay '
• the late charge of one percent (l set forth herein if the OWNER reasonably determines O O
that the work is unsatisfactory, in accordance with this Article V, Compensation.
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ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any subcontractors or subconsultants.
ARTICLE. 191
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall
become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entided 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 thaw specified herein
any of the information or materials developed pursuant t • this Agreement, CONSULTANT is ii
rcl~ ased from any and all liability relating to their use in that project. I
ARTICLE VIII
INDEPENDEiv f CONTRACTOR
•
CONSULTANT shall prorelde 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 I
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harm!ass 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 damage,, for bodily and personal injury, death
and property damage, resulting from the negligent arts or omissions of the CONSULTANT or
its officers, shareholders, agents, or employees in than execution, operation, or performance of this
Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law
or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE X
INSURANCE
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
1 of Texas by the Stale Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than E
$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. • •
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B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident and with property damage limits for not
less than $100,000 for each accident.
I
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.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
E. The CONSULTANT shall furnish insurance certificates or insurance policies at the
OWNER's request to evidence such coverages. The insurance policies shall name the
OWNER as an additional insured on all such policies and shall contain a provision that such
insurance shall not be canceled or modified without 30 days prior written notice to OWNER
and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date
of the change or cancellation, serve substitute policies furnishing the same coverage.
ARncLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes corder 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
e disagreement may include the other party to the disagreement without the other's appLwal. E
ARTICLE XII
TERMINATION OF AGREEMENT
0 e
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days advance written notice to the other parry.
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B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination will
be affected unless the other party is given (1) written noice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance, and not less than 30 calendar days to cure the failure, and (2) an
opportunity for consultation with the terminating party prior to termination.
C. If the Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services and shall render a fowl bill for services
to the OWNER within 30 days after the date of termination. The OWNER shall pay
CONSULTANT for all services properly rendered and satisfactorily performed and for
reimbursable expenses to termination incurred prior to the date of termination in accordance
with Article IV, Compensation. Should the OWNER subsequently 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 CLAIMS AND LIABILITIES
1 Approval by the OWNER shall not constitute nor be deemed a release of the responsibility
and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and
•
subconsultants for the accuracy and competency of their designs or other work; nor shall such
approval be deemed to be an assumption of such responsibility by the City for any defect in the
design or other work prepared by the CONSULTANT, is employees, subcontractors, agents, and
• sub consultants.
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ARTICLE XIV
NOTICES
All notices, communisations, 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 (3) days mailing:
To CONSULTANT: To OWNER:
Teague Nall and Perkins, Inc. City of Denton
J. Richard Perkins, P.E. ATTN: Jerry Clark, P.E.
Title: Principal Title: Director of Engr. & Tramp. Dept.
2001 W. Irving Blvd. 213 E. McKinney
Irving, Texas 75061 Denton, Texae 76201
All notices shall be deemed effective upon receipt by the party to whom such nodoe is given
o* within three (3) days mailing.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of 1_, pages and _ 2 exhibits constitutes the complete and
final expression of the agrcement of the parties and is intended as a complete and exclusive
• statement of the terms of their agreements and supersedes all prior con:rmporaneous offers,
promises, representations, negotiations, discussions, communications, and agreements which may
have been made in connection with the subject matter hereof.
PAGE I I
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ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deerred by a court of competent jurisdiction
to be invalid or unenforceable, it shall be considered severable from the remainder of this
Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the
party shall reform this Agreement to replace such stricken provision with a valid and enforceable
provision which corns as close as possible to expressing the intention of the stricken provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal. stare, local laws, rules, regulations, and
ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended.
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ARTICLE XVIII
DISCRIMMATION PROHIBITED
~ In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the bass of race, color, religion, sex, national origin or ancestry, age, or
•
physical handicap.
ARTICLF, XIX +
t) PERSONNEL I -
O •
A. The CONSULTANT represents that it has or will secure at its own expense all personnel
required to perform all the services required under this Agreement. Such personnel shall
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not be employees or officers of, or have any contractual relations with the City.
CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict
of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified and shall be authorized and
permitted under state and local laws to perform such services.
ARTICLE X
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.
AR11CLE XU
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duty 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
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unless as herein set forth.
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ARTICLE XXII
hIISCELLANEOUS
i
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit "A" Consultant's Revised Proposal.
Exhibit "B" Employee Hourly Rates
B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers, and records of the CONSULTANT involving
transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have
access during normal working hours to all necessary CONSULTANT facilities and shall be
provided adequate and appropriate working apace in order to conduct audits in compliance
with this section. OWNER shall give CONSULTANT reasoiable 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
1 hereunder shall be J. Richard Perkins. Gary Vickery. Delvin Black. M ke Crenshaw. KClly
e Dillard, and Kelly }_Qgd. However, nothing herein shall lint CONSULTANT rTom using
other qualified and competent members of their firm to perform the services required
herein.
• E. CONSULTANT shall continence, carry on, and complete any and all projects with all
• •
applicable dispatch, in a sound, economical, efficient manner, and, in accordance with the
1./ 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
PAGE 14
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being carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all available information pertinent to the project, including previous reports, any other data
relative to the project and arranging for the access to, and make all provisions for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform services under this Agreement.
G. The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this the day of , 19-2L.
CITY OF DENTON, TEXAS
Ted Benavides, City Manager
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. - . . _ ..r w...~..n.. w ra.rls.u,gl.9C'C'st4?.'.y"
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
TEAGUE NALL AND PERKINS, INC.
By:/1D
Nam,;. P.E.
Title: Principal
WITNESS:
•
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PAGE 16
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EX MIT "A"
CONSULTANT'S REVISED PROPOSAL
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3, ~ s n riX 4u r p 1
MEN
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TEAGUE NALL AND PERKINS 1
C O N S U L T I N G E N G I N E E R S 1
April 21, 1997 i
Mr. Jerry Clark, P.E.
Director of Engineering and Transportation Dept.
City of Denton
City Hall West
221 N. Elm St.
Denton, TX 76291
Re: Engineering Services Proposal for
Drainage Channel Improvements
For Stream PEC4 & Ruddell Street Bridge
(3rd Revised)
Dear Jerry:
We sincerely appreciate the opportunity to submit the enclosed revised proposal for the provision
of professional engineering and surveying services for the subject project. This proposal is
intended to append our previous proposal for Drainage Channel Improvements to PEC4, dated
April 3, 1997, This newest proposal includes the Base Protect (Stream PEC4 from Pecan Creek
to the T & P Railroad) and Alternates 3 & 4). Alternate No. 3 Is the Ruddell Street bridge, and
Alternate No. 4 is the proposed concrete lined-channel from Ruddell Street to the confluence with
PEC-4 as identified in our Pecan Creek Drainage Master Plan. The Base Project and Alternates
3 and 4 are described below:
STREAM PEC4 (Femn Creek to UP RR) [Base Project]
The limits of this portion of the project are Stream PEC 4 from its confluence with Pecan
Creek to the T&P Raihoad, Construction plans will be based on the hydrology performed by
Freese & Nichols (F&N) in their study dated December, 1996, and on detailed field surveys
as indicated below. Preliminary review of the F&N study indicates that the channel was
designed for a 25-year storm (ultimate development conditions) with at least one (I') foot of
freeboard. Their report indicates that runoff from the 100-year ultimate conditions storm is
• contained in the channel as well. Our channel design is proposed to be based on that same
criteria.
Construction Plans and Specifications
Channel design will be accomplished using the Corps of Engineers HEC-2 backwater
® modeling software. This data will also be a siolicant part of the CLOMR preparation. TNP
will prepare complete =s3ruction plans, specirkations, and contract documents per City of
Denton standards and suitable for bidding and c+>mstrucdon of the proposed Improvements.
915 FLORENCE STREET 2001 W. IRVWO 6EVD.
IRVINO. TEXAS 76061
FORT WORTH, TEXAS 76102 12141 254-1765
16171 336 577J METRO 12f 41251.1627
FAX 161 71 336 2 013 FAX 12 141 25t-434S
1.
• _ •
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Mr. Jerry Clark, P.E.
April 21, 1947
Page 2
(3rd Recision)
Plan and profile sheets will be developed for the proposed channel improvements including
detailed plans for the road crossings. TNP will evaluate the use of crown-span crossings as
well as conventional box culverts at street crossings (Bradshaw, Lakey, and Skinner) in the
development of the plans. Erosion control plans, traffic control plans, and any necessary
utility relocation plans will also be prepared. TNP will coordinate with the City staff to obtain
available information regarding existing utilities in or near the project area and incorporate
these into the design. There are at least four (4) aerial sanitary sewer crossings in the project
area which will need to be rebuilt to accommodate the wider channel. There are also at least
four (4) water line crossings that will need to be replaced (lowered) as well, TNP will notify
and coordinate with the providers of gas, electric, phone, and cable service, but plans for the
relocation of these facilities, if necessary, are not a part of this proposal. Adjustments in the
alignment of the channel will be considered where feasible. Factors such as hydraulics,
existing improvements, and economics will all affect consideration of alignment adjustments
in the design of the project. All such potential alignment adjustments will be presented to the
City for approval prior to inclusion in the final construction plans.
Topographic Surveying and Mapping
Detailed design field surveys will be necessary to prepare the base plan for the design of the
proposed channel. TNP will perform all necessary field work to accurately define the existing
channel conditions. The existing channel will be cross-sectioned based on control established
by our GPS equipment. Existing topography, visible improvements, and existing utilities will
be depicted on the plans. Base maps will be prepared for use as part of the construction plans.
No boundary surveying is included in this portion of the proposal. Surveying and exhibit
preparation for any necessary easements are addressed below.
Boundary Survey
Boundary surveying will be necessary to establish property lines throughout the project area.
• This work will serve as a basis for any necessary easement preparation and for the evaluation
of existing easements. The boundary survey will be tied to City of Denton monumentation
and prepared in accordance with standards set by the State Board of Land Surveying. TNP
will research public records for necessary plats and deeds; however, existing easements will
be provided by the City,
• Easement Documents ® •
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It is likely that additional easements will be necessary to acAmmodate the proposed drainage
channel and culvert improvements. Because the State Board of Land Surveying requires that
easements be sealed by a Registered Professional Land Surveyor and to be based on on-the-
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Mr. Jerry Clark. P.E.
April 21, 1947
Page 3
(3rd Revision)
ground field surveys, we propose to provide the necessary easements based on the boundary
survey services described above. Because it is not yet possible to determine the number of
easements needed, we have assumed that all properties adjacent to the proposed channel will
require easements. As the project progresses, we may find that not all of the easements
projected are actually necessary. The fee will be. adjusted downward as the exact need for
easements is determined based on a "per parcel" fee of $ 300. The fee indicated herein is
based on a worst case situation.
Conditional Letter of Map Revision (CLOMR)
Based on the construction plans prepared by TNP, we will prepare models, documents, and
exhibits necessary for submittal to FEMA to request a CLOMR. This service will include
documentation of existing wndidons as well as proposed improvements. This fee does not
include application for a LOMR after construcion is completed. The effort involved in
preparing an "As-Built" LOMR can vary depending on: (1) the degree of involvement TNP
has during the construction of the project and, (2) on the significance of changes trade during
the construction of the channel.
Time to Completion (Base Project Pius Alternates 3 and 4)
TNP will provide final plans, specifications, and contract documents to the City within 90
calendar days after receipt of an executed Engineering Services Contract and a "notice to
proceed" from the City.
ALTERNATE NO.3 " RUDDELL STREET BRIDGE
The bridge will be designed in accordance with the Pecan Creek Master Plan, capable of
passing the 100-year storm when the downstream improvements recommended in the Master
Plan are implemented.
•
Construction Plans, Specifications, and Contract Documents '
Bridge hydraulic design will be accomplished using the Corps of Engineers HEC-2 backwater
modeling software. This data will also be a significant part of the CLOMR preparation.
Complete construction plans suitable for bidding and construction of the proposed
• improvements will be prepared. Erosion control plans and traffic control plans will be O •
prepared along with necessary utility relocation plans. We anticipate that relocation of the
water line crossing in Ruddell Street will be the only utility relocation necessary. We will
notify and coordinate with providers of gas, electric, attd phone service, but plans for
`tea ~.___.....:.a.w~~.~Y~~l~r~ r. p .wYY"""Y J~ .T ♦I
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Mr. Jerry Clarx, P.E.
April 21, 1997
Page 4
Ord Revision)
relocation of these facilities, if necessary, are not a pan of this proposal.
Topographic Survey for Design
Detailed surveys will be necessary to provide the base `^r design of the proposed bridge.
TNP will perform all necessary field work to accurately de:i,e the existing conditions. The
existing channel will be cross-sectioned based on control established by our GPS system.
Existing topography and visible improvements and utilities will be depicted on the plans. The
survey will extend a sufficient length along Ruddell Street to permit a smooth transition of the
roadway into the bridge. Base maps will be prepared for use as pan of the construction plans.
Boundary surveying and exhibit preparation for any necessary easements is addressed below.
Boundary Survey
Boundary surveying will be necessary to establish property lines throughout the project area.
This work will serve as a basis for any necessary easement preparation and for evaluation of
existing easements. The boundary survey will be tied to City of Denton rnonumentadon, and
prepared in accordance with standards set by the State Board of Land Surveying. TNP will
research public records for necessary plats and dads, however, existing easements will be
provided by the City. We also anticipate the possible need for temporary construction
easements for this portion of the project.
Easement Document Preparation
It is likely that additional easements will be necessary to accommodate the proposed
improvements. Because the State Board of Land Surveying requires that easements be sealed
by a Registered Professional Land Surveyor and be based on field surveys, we propene to
provide the necessary easements based on the above described boundary survey. Because
it is not yet possible to determine the number of easements needed, we have assumed that all
• properties adjacent to the proposed bridge will require easements. As the project progresses,
we may well find that not all of the easements projected are actually necessary. The fee will
be adjusted as the need for easements is determined, based on a fee of $300 per easement.
The fee indicated herein is baud on a worst case situation.
• Conditional Letter of Map Revision (CLOMR) - • •
Based on the construction plans, we will expand the scope of the previous proposal to include
this portion of the project in the CLOMR. This will include documentation of existing
conditions as well as proposed improvements. This fee does not include an application for a
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Mr. Jerry Clark, VE.
April 21, 1997
Page 5
(3rd Revision)
LOMR after construction.
ALTERNATE NO.4 - PECAN CREEK - (RUDDELL STREET TO PE44)
'The limits of this option are Pecan Creek from the Ruddell Street bridge to the confluence
with PEC-4. This portion of Pecan Creek has been identified in the Pecan Creek Drainage
Master Plan as a concrete-lined channel.
Construction Plans, Specifications, and Contract Doctunents
Pian/proftle sheets will be prepared for this portion of the channel. We anticipate that the
existing sanitary sewer line will not need to be relocated, but that manhole adjustments will
likely be necessary.
Topographic Survey for Design
See description above.
Boundary Survey
See description above. No significant additional effort will be necessary to include this
portion of the channel in the boundary surveying necessary for other parts of the project.
Easement Document Preparation
See description above.
Conditional Letter of Map Revision
0 ' No significant additional effort will be necessary to include this portion of the channel in the
CLOMR prepared for the bridge project. r
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Mr. Jerry Clark, P.E.
April 21, 1997
Page 6
(3rd Revision)
FEE SCHEDULE
I he following lump sum fees are based on the above scope of work descriptions.
BASE PROJECT - STREAM PEC4 (Pecan Creek to UP RR)
Construction Plans, Specifications, and Contract Documents $116,100
Topographic Survey for Design S 14,500
(16 working days in the field)
Boundary Survey $ 20,800
Easement Document Preparation $ 15,000
Conditional Letter of Map Revision $ 14,600
Subtotal Engineering Services Fee (Base Project) = $ 180,900
ALTERNATE NO.3 - RUDDELL STREET BRIDGE
Construction Plans, Specifications, and Contract Documents $ 22,048
Topographic Survey for Design $ 2,200
(2 working days in the field)
Boundary Survey $ 2,200
Easement Document Preparation $ 1,200
Conditional Letter of Map Revision S 2,000
Subtotal Engineering Services Fee (Alternate No. 3) = $ 29,648
ALTERNATE NO. 4 - PECAN C507EK - RUDDELL STREET TO PEC4
•
Construction PIans, Specifications, and Contract Documents $ 2,499
Topographic Survey for Design $ 1,600
(2 working days in the field)
Boundary Survey N/A
Easement Document Preparation $ 3,000
• Conditional Letter of Map Revision N/A • •
J Subtotal Engineering Services Fee (Alternate No. 4) = $ 7,099
TOTAL ENGINEERING SERVICES FEE (Base Project and Alt's 3 & 4) = $ 217,637
Mr. Jerry Clark, P.E.
April 21, 1997
Page 7
(3rd Revision)
Items To Be Provided By the City of Denton:
Records of GPS monuments
Benchmarks
Construction plans of existing utilities and improvements, as available
Fxisting easements
We are prepared to begin field work within ten (10) working days of formal acceptance of this
proposal, (i.e. receipt of executed contract documents and "notice to proceed"), rnd we will begin
engineering work as soon as field data is available. We have also prepared and enclosed a formal
contract based upon the new City of Denton contract forms you recently sent to us.
Once again, we appreciate the opportunity to provide this revised proposal to the City of Denton.
We look forward to continuing to work with you and your staff on this very important project.
Should you have any questions or recd further information regarding this proposal, please do not
hesitate to call.
Very truly yours,
TEAGUE~NALLL AND PERKINS, INC.
JRP/czf 1. d Perkins, P.E.
Enclosures
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® _ • IN
P DEN96153 DOCSIAEVISPR.1 PD
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F,j~FiIRIT N
EMPLOYEE HOURLY RATES
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TE.AGUE NALL. AM PERKINS, INC.
EMPLOYEE HOURLY BILLING RATES
EYING
SURVEYING
R.P.L.S. $ 70.00
1-Man O.P.S. Crew 90.00
1-Man Robotics Crew 75.00
2-Man G.P.S. Crew 105.00
2-Man Robotics Crew 85.00
Std. 2-Man Crew 75.00
3-Man G.P.S. Crew 115.00
Std. 3-Man Crew 85.00
W. 4-11an Crew 100.00
Technician 45.00
ENGINEERING
Principal $ 110.00
Project Manager $80.00 - 90.00
Project Engineer $50.00 - 70.00
CAD Technician $40.00 - 58.00
Clerical $33.00 - 55.00
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Apenda No. -C)-J4
Agenda Item
Date_ I ^ + -
July 1, 1997
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Ted Benavides, City Manager
SUBJECT: CONSIDER APPROVAL OF THE UPPER TRI14ITY REGIONAL WATER
DISTRICT INTERIM WHOLESALE RAW WATER RATE ORDINANCE
RECCMMNDATION:
The Public Utility Board and Staff recommends the City Council
approve the Upper Trinity Regional Water District (UTRWD)
interim wholesale raw water rate ordinance. Denton will sell
raw water to the UTRWD at 858 of the Dallas raw water price,
based on the Interim Sale Of Wholesale Raw Slater Contract with
the City of Denton and the UTRWD dated July 21, 1992.
Raw Water Volume Rate $ 0.3939 / 1,000 Gallons `
SUMMARY / BACKGROUND:
The UTRWD negotiated the purchase of raw water from the City
of Denton, culminating in the signing of a contract in 1992.
Their raw water purchase is designed to coincide with the
start up of the UTRWD water treatment plant south of the
Lewisville Lake dam. UTRWD will treat raw water purchased from
the City of Denton, and then resale the treated water to its
participating member cities.
Major points of the Interim Sale Of Wholesale Raw Water
Contract are as follows:
1. No transfer or sale of water rights occurs.
2. If Denton determines it has a raw water surplus, it may
offer this water for sale to the UTRWD.
• 3. The quantity of water sold is to be determined annually.
4. The price is no greater than 858 of the Dallas price.
5. The determination of water availability rests with Denton.
Dallas finalizes a raw water rate study each year around July.
The official fiscal year 1998 Dallas raw water rate will be
available near that time, updating the existing rate of
• $0.4634 / 1,000 Gallons, to become effective for fiscal year
J 1998, October 1, 1997. The preliminary fiscal year 1998 Dallas O O
J raw water rate is $0.4240 / 1,000 Gallons.
•
CITY COUNCIL AGENDA ITEM
PAGE 2
FISCAL SUMMARY:
The UTRWD has requested an average of 4.5 MGD for the 1997
water year, June 1, 1997 - May 31, 1998. Converting to a
fiscal year basis will approximate the following volumes and
revenues.
The Interim Raw Water Contract Rate is equal to the Dallas Raw
Water Rate per 1,000 Gallons x 858:
FY 1997: $0.4634 x 853 = $0.3939
FY 1998: $0.4240 x 85% _ $0.3604
FY 1997: (June 1997 - Sept. 1997)
122,700,000 Gallons x $0.3939 = $284,672
FY 1998: (Oct. 1997 - May 1998)
919,800,000 Gallons x $0.3604 = $331,496
Total 1997 water year raw water sales are projected to be
1,642,500,000 gallons, with revenue of approximately $616,167,
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: P
Citizens of Denton, Participating Members of the Upper Trinity
Regional Water District, Denton Municipal Utilities, Upper
Trinity Regional Water District, Legal Department, Finance
Department, Public Utility Board, and City Council.
•
Prepared by:
• R. E. Nelson, Executive
Director of Utilities • •
5
Exhibits:
1. Raw water rate ordinance.
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C:\DXSWQ0D RAWASEE.M
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
ESTABLISHMENT OF THE SCHEDULE OF RATES IN CONNECTION WITH THE SALE
BY THE CITY OF DENTON OF RAW WATER TO THE UPPER TRINITY REGIONAL
WATER DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") and the Upper Trinity
Regional Water District ("UTRWD") entered into an "Interim Sale of
Wholesale Raw Water Contract" ("Contract") on July 21, 1992, which
provided for City's sale of raw water to UTRWD on a wholesale basis
and contemplated that UTRWD would treat the water purchased from
City, and then resell the treated water to its participating member
cities; and
WHEREAS, UTRWD desires to purchase wholesale raw water from
Denton at this time as UTRWD's water treatment plant located south
of the Lewisville Lake Dam is now operational; and City has
determined that it has raw water surplus and desires to sell a
portion of that surplus to UTRWD in accordance with the contract;
and
WHEREAS, Denton has, for the period beginning April 1, 1997,
and ending May 31, 1997 provided UTRWD with small quantities of raw
water for testing purposes, pursuant to the Contract; and further
effective June 1, 1997, has commenced, at UTRWD's request,
providing raw water to UTRWD under the Contract; and accordingly,
City desires to establish the effective date of this wholesale rate
as of April 1, 1997; and
WHEREAS, the Public Utilities Board of the City of Denton at
its June 23, 1997 meeting considered the proposed rate ordinance
providing for "Wholesale Raw Water Service to Upper Trinity
Regional Water District" and recommended to the City Council the
approval of the attached Rate Schedule WRW, effective as of April
1, 1997; NOW THEREFORE,
•
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i_ That the Rate Schedule pertaining to wholesale
treated water service to the Upper Trinity Regional Water District,
• by the City of Denton, as authorized by Sections 11.01 and 12.02 of • •
Article XII of the Charter of the City of Denton, and Section 26-
127 of the City of Denton Code of ordinances, is hereby established
as follows:
•
WHOLESALE RAW WATER SERVICE TO UPPER TRINITY
REGIONAL WATER DISTRICT SCHEDULE
Paae
WRW WHOLESALE RAW WATER SERVICE TO UPPER 3
TRINITY REGIONAL WATER DISTRICT
SECTION 11, That if any section, subsection, paragraph,
sentence, clause, phrase, or word in this ordinance, or application
thereof to any person or circumstances 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. That this ordinance shall become effective for
the city of Denton's sale of wholesale raw water service to the
Upper Trinity Regional Water District, on and after April 1, 1997;
and a copy of said rate shall be maintained on file in the office
of the City Secretary.
PASSED AND APPROVED this the ^ day of , 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM: 1
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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SCHEDULE WRW
WHOLESALE RAW WATER SERVICE TO UPPER TRINITY
REGIONAL WATER DISTRICT
(Effective 4-01-97)
APPLICATION
Applicable to all raw water sales to the Upper Trinity Regional
Water District (UTRWD) per the Interim Sale of Wholesale Raw Water
Contract.
MONTHLY CHARGES
The monthly charge for service shall be expressed as a volume price
per 1,000 gallons.
(1) Water Volume Rate $ 0.3939 per 1,000 gallons
(FY 1997)
MINIMUM DILLING
The minimum monthly billing shall be the volume charge applied to
the monthly volume metered.
BILL PAYMENT DELINQUENCY
Denton shall render bills by the tenth (10th) day of each month.
Bills shall be due and payable when rendered. Bills are considered
delinquent if not paid within 20 calendar days of the date a bill
for service is rendered. There shall be a ten percent per annum
interest charge on the amount due, from the date when due until
paid, if not paid within 20 calendar days of the date a bill for
service is rendered.
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Agenda NA
Agenda Item
ED Date r C- ,
CITY OF DENTON, TEXAS MUN1C(PAL BU1LDtNG DENTON, TEXAS 76201 • TELEPHONE (017) 566.8307
Office of the City Manager
CITY COUNCIL REPORT
:
TOs Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATES July 1, 1997
SUBJECTS Ordinance Granting a Three Year Exception to the Noise
Ordinance to the Pro Youth Rodeo Association for the Pro I
Youth Rodeo. !r
BACRGROUNDs
J. Mike Riley, of the Pro Youth Rodeo Association has requested
that the City Council grant an exception to the noise ordinance for
the use of loudspeakers for the Pro Youth Rodeo from July 3-5, 1997
(Attachment 1).
Upon receiving Mr. Riley's request, the Pro Youth Rodeo Association
was advised by staff that they met the requirements to seek a
multiple year exception. You may recall that on June 6, 1995, the
City Council approved a resolution that adopted a policy to allow
three year exceptions to the noise ordinance for qualifying
organizations (Attachment 2). In order to qualify for
consideration of the exception, the annual event shall have
demonstrated three consecutive years of responsible activity in
connection with Section 20-1 (c) (2) of the Code of Ordinances.
Since 1994, the City Council has granted annual exceptions to the
noise ordinance for the ' Youth Rodeo and there have been no
• complaints regarding thei! ctivities. The rodeo takes place on
Thursday, Friday and Sat- ay of the first week in July at the
North Texas State Fairgrounds (Attachment 3). The organization is 1
requesting that the exception be granted for the following hours:
Thursday until 12:00 midnight
Friday until 12:00 midnight
" • Saturdays until 1s00 a.m. • •
PROGRAMS, DEPARTMENTS AFFECTEDs
Area Residents.
'nrd:cated to Quality &r&e"
North Texas State Fair Association
July 5, 1995
Page 2
rISCAL IMPACTS
None.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED,
1 .~tp
Ted Benavides
City Manager
Prepared By:
Veronica S. Rolen 1
Administrative Assistant II
Approved By:
C'
B4btty 1 liams
Assistant to the City Manager
ATTACHMENT: 1. Request from the Pro Youth Rodeo Association
2. Resolution (R95-030)
3. ordinance
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,J(!fd 0 ~ L9 g'7
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June 2, 1997
Denton City Council
215 East McKinney Street
Denton, TX 762014228
To Members of the Denton City Council:
Pro Youth Rodeo Association respectively r )quests an exemption for the use of a loudspeaker for the purpose
of conducting a youlh rodeo at the North Te; as State Fairgrounds Arena. The rodeo dates areas follows:
UN UNM
Thursday, .",;y 3, 1997 12:D0 Midnight
Friday, July 4, 1997 12:00 Midnight
Saturday, July 5, 1997 12:00 Midnight
The location Is 2217 North Carroll Boulevard, North Texas State Fairgrounds.
Pro Youth Rodeo Association Is a non-profit organization that introduces children to the sport of rodeo. The
association draws contestants from 4 years of age to 19 years of age. This event will be sponsored by
several local businesses. Many children from Denton County will participate.
Thank you for your consideration.
Sincerely,
C) Ck,U-` '
Pro Youth Rodeo Associ non
cro J. Mike R ey
122 Leesley Lane
Argyle, TX 76226
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snnu"on. too
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RESOLUTION NO. r 5-434
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING AN ORDINANCE
FORMAT TO BE USED IN GRANTING TO PERSONS RESPONSIBLE FOR ANNUAL
EVENTS WHICH HAVE DEMONSTRATED A HISTORY OF PAST RESPONSIBLE
COMPLIANCE WITH THE CITY'S NOISE ORDINANCE, EXCEPTIONS TO THE
LIMITATIONS IMPOSED BY SECTION 20-1 (c) (2) OF THE CODE OF ORDINANCES
OF THE CITY OF DENTON, TEXAS, WITH RESPECT TO HOURS OF OPERATION OF
AN AMPLIFIED LOUDSPEAKER SYSTEM, PURSUANT THE PROVISIONS OF THAT
SECTION.
WHEREAS, a number of annual events taking place in the City of
Denton utilize amplified loudspeaker systems in connection with
their festivities; and
WHEREAS, many of these events contribute to an increased
quality of life for many of Denton's citizens, and help to promote
tourism and commerce; and
WHEREAS, many of these events seek authorization from the City
Council to utilize such loudspeaker systems after the hours
normally approved by the Code of Ordinances; and
WHEREAS, the City Council wishes to recognize and reward those
organizations sponsoring annual events which have demonstrated a
past history of responsible operation of such amplified loudspeaker
systems by eliminating the need to seek authorization for the same
event each year; and
WHEREAS, the City Council hopes that such a program will
provide an incentive for other annual events to operate amplified
loudspeaker systems in a responsible fashion; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. That the ordinance format attached hereto as
Exhibit A is hereby approved for granting ongoing exceptions to
Section 20-1(c)(2) of the Code of Ordinances of the City of Denton,
O Texas, with respect to hours of operation of amplified loudspeaker
systems, pursuant the provisions of that section.
SECTION II. That, in order to qualify for consideration of an
ordinance of the type attached hereto, the City Council intends
that such annual events shall have demonstrated a minimum of three
consecutive years of responsible activity in connection with the
O use of such amplified loudspeakers pursuant to prior ordinances f~ O O
granting exceptions to Section 20-1(c) (2) of the Code of Ordinances
of the City of Denton, Texas.
5E ION III That the duration of ordinances of the format
attached hereto should not ordinarily exceed three years.
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SECTION IV. That this resolution shall become effective imme-
diately upon its pasuage and approval.
PASSED AND APPROVED this the41 day of
1995.
F
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
W
BY
APP ED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO
SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH
RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM;
AND SETTING AN EFFECTIVE DATE.
WHEREAS, pursuant to 520-1(c)(2) of the Code of Ordinances of
the City of Denton, Texas, (name of person or entity responsible)
has made application to the City Council for an exception to the
provision of that same section restricting the operation of ampli-
fied loudspeakers after 10:00 p.m., in connection with the (name
oa"ual (vent) annual event held at (location of event) , and
in connection with said request, has requeated the exception to be
granted on an ongoing basis for said annual event at said location
(etate time ofsvent, e.q., on the third weekend of tag October) ;
and
WHEREAS, upon prior application and approval by the City
Council of the City of Denton, Texas, (name of virson or ntity
reapOnsible) has consistently demonstrated over the past qff
years) years au ability to responsibly operate amplified loud-
speakers in connection with the (name of aa:gual event) annual
event held at (location of evjnW_, at times past the hours
defined in 520-1 (cl (2) of t;Le r.de of ordinances of the City of
Denton, Texas, within the public interest and without materially
disturbing persons of ordinary sensibilities in the immediate
vicinity thereof; and !
WHEREAS, based upon this past history, the City Council of the
City of Denton, Texas finds that granting an exception for this
annual event on an ongoing basis, subject to the restrictions
contained herein, would serve the public interest; NOW, THEREFORE, `
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S SECTION I. That, pursuant to 520-1(c)(2) of the Code of
ordinances, _ (name of,person or entity responsible) is hereby
granted an exception said section's 10:00 p.m. limitation upon the
operation of amplified loudspeakers, subject to the conditions
listed below:
• (list conditions here, which could include, among other f
p things, the followings)
O •
i. This exception is granted only in connection with the
operation of the (name of annual event) annual event at
1 ca ion of even_U_, on (state time of event, e.g., on the
third weekend of each October) .
rw.~t w r:~a de;44M1F~1!!Rb KM
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2. (past of person or entity responsible) agrees to take 4
full responsibility for ensuring that the conditions of this
exception are met, and to take all reasonable measures
necessary to avoid disturbing persons of ordinary sensibili-
ties in the immediate vicinity of the event.
3. (name of person or entity responsible) agrees to cease
using amplified loudspeakers at (1100 p.m.)
4. Under no circumstances shall the annual event employ the
use of amplified loudspeakers between the hours of 12:00 mid-
night and 7:00 a.m.
S. This ordinance confers no personal or property rights,
and may be amended, modified, superseded or revoked in whole
or in part at the will of the city Council of the City of
Denton, Texas, without any advance warning, hearing or compen-
sation, for any reason at all, or for no reason.
6. This ordinance shall be strictly construed as an excep-
tion granted pursuant to 520-1(c)(2) of the Code of Ordinances
of the City of Denton, Texas. The City of Denton, Texas
expressly reserves unto itself and all other persons any and
all legal remedies, civil or criminal, relating to excessive
noise in connection with this annual event, and hereby dis-
claims any promissory or equitable estoppel which might in any
way impede the pursuit of such remedies by any person.
(add other provisions as desired, e.g., not within 300, of a
church, school or hospital) not within 100, of residentially
zoned property, etc.]
SE EON II, That this ordinance shall become effective
immediately upon its passage and approval, and expire three years
hence, unless sooner repealed, modified or rescinded.
PASSED AND APPROVED this the day of ,
19
BOB CASTLEBERRY, MAYOR
ATTEST:
• JENNIFER WALTERS, CITY SECRETARY -
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BY:
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e:\doci\osd\p royouc h.ord
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO
SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH
RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM;
AND SETTING AN EFFECTIVE DATE.
WHEREAS, pursuant to 520-1(c)(2) of the Code of Ordinances of
the City of Denton, Texas, Pro Youth Rodeo Association has made
application to the City council for an exception to the provision
of that same section restricting the operation of amplified
loudspeakers after 10:00 p.m., in connection with the Pro Youth
Rodeo annual event held at North Texas State Fair Grounds at 2217
North Carroll Boulevard in Denton, Texas, and in connection with
said request, has requested the exception to be granted on an
ongoing basis for said annual event at said location Thursday,
Friday, and Saturday of the first weekend in July; and
WHEREAS, upon prior application and approval by the City
Council of the City of Denton, Texas, Pro Youth Rodeo Association
has consistently demonstrated over the past four (4) years an
ability to responsibly operate amplified loudspeakers in connection
with the Pro Youth Rodeo annual event held at North Texas State
Fair Grounds, at times past the hours defined in 520-1(c) (2) of the
Code of Ordinances of the City of Denton, Texas, within the public
interest and without materially disturbing persons of ordinary
sensibilities in the immediate vicinity thereof; and
WHEREAS, based upon this past history, the City Council of the
City of Denton, Texas finds that granting an exception for this
annual event on an ongoing basis, subject to the restrictions
contained herein, would serve the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That, pursuant to 520-1(c) (2) of the Code of Ord-
inances, Pro Youth Rodeo Association is hereby granted an exception
f to this section's 10:00 p.m, limitation upon the operation of
amplified loudspeakers, subject to the conditions listed below:
1. This exception is granted only in connection with the
operation of the Pro Youth Rodeo annual event at North Texas
State Fair Grounds at 2217 North Carroll Boulevard in Denton,
Texas, on Thursday, Friday, and Saturday of the first weekend
0 in July. 0
2. Pro Youth Rodeo Association agrees to take full
responsibility for ensuring that the conditions of this
exception are met, and to take all reasonable measures
necessary to avoid disturbing persons of ordinary sensibili-
ties in the immediate vicinity of the event.
-1 0-44, lop,
•
3. Pro Youth Rodeo Association agrees to cease using
amplified loudspeakers at 12:00 midnight on Thursday and
Friday and 1:00 a.m. on Saturday.
4. Under no circumstances shall the annual event employ the
use of amplified loudspeakers between the hours of 12:00 mid-
night and 7:00 a.m., except as listed above.
5. This ordinance confers no personal or property rights,
and may be amended, modified, superseded or revoked in whole
or in part at the will of the City Council of the City of
Denton, Texas, without any advance warning, hearing or ccmpen-
cation, for any reason at all, or for no reason.
6. This ordinance shall be strictly construed as an excep-
tion granted pursuant to §20-1(c)(2) of the Code of Ordinances
of the City of Denton, Texas. The City of Denton, Texas
expressly reserves unto itself and all other persona any and
all legal remedies, civil or criminal, relating to excessive
noise in connection with this annual event, and hereby dis-
claims any promissory or equitable estoppel which might in any
way impede the pursuit of such remedies by any person.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval, and expire three years
hence, unless sooner repealed, modified or rescinded.
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
e U j e a
BY:
PAGE 2
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...,....,.,.:,.r.....,:,....N,.B!H. Y~Srir.4"Y.MN:;dvt^XY.'S9"vT:~1~`. f Y._
Agenda No. aa.+
BOARD/COMMISSION NOMINATIONS Agenda Item # _Z
rate-
AIRPORT ADVISORY BOARD
Dist CURRENT MEMBER NOMINATION TEAM COUNCIL
1 Hal Jackson 1995-97 Young
2 Rick Woolfolk 1995-97 Durrance
6 Mike Stephens 1995-97 Brock
ANIMAL GRELTER ADVIBORY BOAR
DS'z CMBE1T MEMBER NOMINATION Tf,$tj COUNCIj~
7 Bob Rohr 1995-97 Miller
1 Brenda Sherpoll 1995-97 Young
3 Lynn Stucky 1995-97 Cochran
4 Veronica Rolen 1995-97 Kristoferson
BOARD OF ADJUSTMENT
DIST CURRENT MEMBER NOMINATION T~BM COUNCIL
6 Rachel Mays _ ;995-97 Brock
7 Bill Colville 1995-97 Miller
1 Ed Terry 1995-97 Young
BUILDING CODE BOARD
DIST CURRENT MEMBER NOMINATI,QN z= COUNCIL
1 Willie Hudspeth 1995-97 Young
2 Nicholas Eassa 1995-97 Durrance
• CABLE TV ADVISORY BOARD
DIST CURRENT MEMBER NOMINATIOLI TF~BdS COUNCIL
5 Mark Burroughs 1996-97 Beasley
7 John Kuiper _ 1996-97 Miller
• 6 Hank Dickenson _ 1596-97 Brock O
s
•
CIVIL SERVICE COMMI88ION
551 9URRENT MEMBER NN MIINATION TE$!1
CM Charldean Newell 1994-97 City
Manager
COMMUNITY DEVELOPMENT ADVISORY COMMI76rEE
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
1 Nathaniel Johnson 1995-97 Young
2 Lisa Polack 1995-97 Durrance
4 James McDade 1995-97 Kristoferson
6 Roberta Donsbach 1995-97 Brock
pPNTON ROUSING AUTSQRXTY
SEAT CURR NT t~,0jR NOMINATION-
7 ERM
Ralph Flesher 1995-97 Miller
7 Warren Whitson 1995-97 Miller
7 Vicki Hill 1995-97 Miller
DOWNTOWN ADVISORY BOARD
DIST CURRENT MEMBER NOMINATION$ji COUNCIL
5 Uan Martin 1995-97 Beasley
6 Don Davis 1995-97 Brock
7 Teri Rheault 1995-97 Miller
1 Vernie Wilson 1995-97 Young
2 Don Hill 1995-97 Durrance
1 Bill Thomas 1995-97 Young
•
~~LECTRICAL CODE BOARD
DIST CURRENT MEMBER NOMINATION T E COUNCIL
i
2 Doug Grantham 1995-97 Durrance
• (Electrical Contractor) • •
J 7 Fred G. Reed (ALT) 1995-97 Miller
5 Terry Schert2 1995-97 Beasley
(Building Contractor)
6 Perry McNeill 1995-97 Brock
(Electrical Engineer)
a.
^M
•
HISTORIC LANDMARK COMMISSION
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
2 Bill Coleman 1995-97 Durrance
4 Bullitt Lowry 1995-97 Kristoferson
5 Suzanne Byron 1995-97 Beasley
6 Mark Merki 1995-97 Brock
1 Charlye Heggins 1995-97 Young
3 Alan Smart 1995-97 Cochran
HUMAN SERVICES CQl fITTSE
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
4 Wesley H. Stewart 1995-97 Kristoferson
5 Catherine Bell 1995-97 Beasley
1 Sandra Cross 1995-97 Young
3 Roy Davenport 1995-97 Cochran
5 Carol Riddlesperger 1995-97 Beasley
6 Ramiro Valdez 1995-97 Brock.
7 Mary Morimoto 1995-97 Miller
INFORMATION SERVICES ADVISORY BOARD
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
7 Don Edwards 1995-97 Miller
1 1 Lure Tovar, Jr. 1995-97 Young
KEEP DENTON BEAUTIFUL BOARD
DIST CURRENT MEMBBE NOMINATION TERM COUNCIL
3 Cresha Beattie 1995-97 Cochran
4 Douglas Ebersole _ 1995-97 Kristoferson
1 L.E. Lawson 1995-97 Young 0
2 Mark Osborne 1995-97 Durrance '
6 Gayla Robles 1996-98 Brock
(Resigned)
c
s
i
s
LIBRARY BOARD
DIST CURRENT MEMBER NOMINATION COUNCIL
5 Linnie McAdams 1995-97 Beasley
6 Jean Greenlaw 1995-97 Brock
1 Fran Morgan 1995-97 Young
2 Keith Swigger 1995-97 Durrance
PARRS AND RECREATION BOARD
DIST gURRENT MEMBER NOMINATION ~$t{ COUNCIL
0 Doug Chadwick 1995-97 All
0 Burkley Harkless 1995-97 All
0 Gwendolyn Carter 1995-97 All
PLANNING AND SONING CONHISSION
DIST CURRENT MEMBER NOMINATION T~ COUNCIL
4 Rudy Moreno 1995-97 Kristoferson
7 Barbara Russell 1995-97 Miller
1 Guy Jones 1995-97 Young
2 Bob Powell 1995-97 Durrance
PLUMBINO AND MECHANICAL CODE -BOARD
DISr CURRENT MEMBER NOMINAT~Qp{$~ COUNCIL
3 Frank Cunningham 1995-97 Cochran
(Mechanical Contcactor)
4 Karl Martino 1995-97 Kristoferson
s (Mechanical Engineer)
7 Wiley Cunagin 1995-97 Miller
(Mechanical Engineer)
2 Dave Reynolds 1995-97 Durrance
(Master Plumber)
® PUBLIC UTILITIES BOARD
CURRENT MEMBER NOMINATION TERM COUNCIL
v
C John Thompson 1993-97 All
4
n
•
SIGN BOARD OF APPEALS
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
2 Eldon Seaton 1995-97 Durrance
4 John Weber 1995-97 Kristoferson
5 Brent Thornton 1995-97 Beasley
(ALT)
6 Rebecca Arnold- 1995-97 Brock
Moore
TTHYA BOARD OF DIRECTORS
,FAT CURRENT MEMBER NOMINATION
0 Bill Giese 1995-97 All
TRAFFIC SAFETY COMMISSION
LIST CURRENT MEMBER NOMINATION T~EBM COUNCIL
3 Carolyn Bacon 1995-97 Cochran
4 Harry Phillips 1995-97 Kristoferson
5 Charles Ridens 19'95-97 Beasley
7 Jim Hobdy 1995-97 Miller
ACCO0128
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CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 7620' TELEPHONE (6f 7) 568-8307
Office of the City Manager
X E X 0 A A N D U X
DATE: June 11, 1997
TOt City Council Membars
YROKt Ted Benavides, City Manager
BUBJECT9 Civil Service Commission Re-appointment
Each year in June, a Civil Service Commissioner comcs up for
appointment or re-appointment. According to state law, they are
appointed for 7 year staggered terms. Local policy is for board
members or commissioners to hold no more than three consecutive,
full terms.
My recommendation for this year is that Charldean Newell continue
service with her third three year term. Charldean has been a
dedicated and valuable member of the commission, and we would like
to see her continue in that capacity.
Sincerely,
Ted Benavides
City Manager
•
J APPOODI9/d}
'Ihli.atrl t, Qualih• Srn^a"
•
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END
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LEGEND
LSD PROP. 'NATER LINE p,- AG
0 50 100 200 wNN ^%OES ayES µ f USE PROP, FIFE HYDRANT A"k) VALVE
-,k P4
AG OSE PROP. GATE VALVE AND PLUG
TRAFFIC FLOW SCALE 1° • 100' SHALL ZO~Ne OSE DD
BE EVALUATEQ PRIOR FC / O 1) 0 pEP1S PROP. SANITARY SEWER
PRELIMINARY PLAT W10 5~5 1 APPROVAL NE DETERMINE - - " _ r kAG
If TURN LANES ARE NEEDED. e
AWL
~ I
49 111111 48 ~ i 47 I ~ 461 45 44
+ soewAix sKS 1'i ~25'Bl~ 43 BE REpI.FfD ALONG "1r 'on~ `~Y i
HWY. 377 6V 50' 44 I dp
50 \ 5 so 3 ; ,
WIL
42 l pp _ 0€------ 1 i
1 usel, e.
C7~ •n ' rr S ~g110R f 51 i - ~j 2 55 t PvjLL*FlS
~O s l is r~'' /rJ~ f I - A 41
00~-s~osw 54 -
o / 56 W f " n
t` , j - 0 U.vo,, AS , . 52 53 0 j . 1 o ~ Br. 2
. oPOA 57 R 39
~ti L., a ~0`; p 0 \ y~ V i • i - - - ?YI _ - _ I~
Q• ~d~' '8, / / Sn \ ~P
X25' i / 0 / °JV 0 d Alie,
~ 2 ~ / ,fie rV Q ru,\ b4~~p 61
r+r
6a6 o Jf. , \ `3Dt 62 50' a
-
63 1 It
6 5 4 3 ISnE i Idoa 1
~N r~ a°" n g vv F.._. : L.._., j..,.J L_, L.r..i L
/ 65 e o \ i 6 _
M1~° Q\AP' 7 66\;'4j~yo 10 i • tvr 1 t j 'I i j I f
n i / se. es \e, 36 31 + 38 t 39 ' i n c\ 4 : i 35 'I ~ II i
~~~~~~~~i^ °e ~ _ CA 11'x+- 'V t,° 0 /~•\V •i~ 34 I
12
rb~0 l a tie` G~ 28~\ 33 je 1 13 \ J 0„ SS
32
f~~tyA~ 6 a. 10 27 ~0~ \ /,i : i 65, 7rr y 1( 14
31 i15 e1, I I j ~r ) \ 26'~
e 9 75X/ 15 v . 15 14 "i (13
9581. 25•\ ,i ~A. i 1Ij 1
16
29" .-t57-1
6 9 17A~ _I. 1P._ r kl\
~Y fi. 19'.' ( 16 19 i j 20 1 i21
27
LMTS OF HEAVE TREED ; ~`•a 22 ' e` I j 25'01. -
AREA IN EXISTING NAOE .~Z',• i $ ,y.,;•~ 19 r, All 7 AREA All 50, is
20
o 7j ^ 5& n., \ 25 8/0 i i 6 \ 8 NL
EXIST. X 21 ~ 8 s i
CULVER x ea •e
/o r 5 ~ 24 ~ d 5 r 20 YS' 97 ,p ^.~f` 4 b~I 3 4i 2
22 j 10 ~k@ i ! i ! I rl i
m yr ; 1I 619 \t ed e. d v lo- "lo
12
12i 13dIi1415i1617R
.,T
l 17 10 ey
~L/ ~ 'r ~ S V r 14 3 9r. \ so
So YIL
16 'r. -6* SS 15 43- 60, SENT CREEK ESTATES ~i ~ r~ ii/ B '112je I ' so'
sa
2s7sj -i
1, DF.VFlM.CWfSTANDARDS P}IA.SEI PILAM.1I Yl1ASHIII PEAS' I, 15~~~ 16 ®7 6 "j 5 "j 4 3: i 2 .1j 1 ~I~
MalAxAm(SgFt) 50U0 Y" 5000 16,1On ~ I j "i j
MmInc Wkd@B1, Sol W' 5lr 11L7 ; L. .1 3 Min I.al Depth$ 1101' 110+ 110's 1151# 17
-7f _ .f L. . L. j 'Kdr'
'90 min foraildesac W 14 . i i"~r y R
" Front fWdmg Lim 2i' 2 25, r ' 'o, I 1 1 ; r
Side Yard %db*cks 18 1 I I 1 I 1 1 I I I I i j 'V4 I
Man s s' s' s ! 13 '''61 !19 20-1 1 21 22'~ i 23°; j 242j 25`1 j26- 1
r- Acutxxy J' 3' J wlStreel is, IS' 13' 15'
Pear Yard Setbw4:s >r~ sa' _ sa 6a r
1 Main 10' 10 lo' 12
AoccmD z T 1' 3' ~ °'i 0" IML
M x~eucm ina ye «a.w,m u~xiurm ie~,.~u ~0 517
MawFkrwArea RMin BAs !Iei SfP„ 5in„ 4 sa d se' Max ~ ~T Buildmglkighl ~aknkf .arias
2 erwws 2 AOnes B.B.B. & C.R.R. C0 SURVEY, ABSTRACT NO. 196
lprn.q NakPRSxrvj1Hn.lg,4 Sq Rbu&rkngIN-, 177, whicha4il,uo1 I! I I J ip P. 1. 0
I:AsNrJxJi4hlxrO traykutllhksAin nllurtlnale(01AMdA I 1 9 8 17 6 13 i 4 13 12 1 tf~ $ g120!i1g'1i18~!11741$615~!11-1
i131!i12!if110i9i8 l 71 ~ IN
mairdsinsJb} Ik)A,afTcomg IAlsI-11,BkockLmiI *s1.4, MA ki I~ I~ li II I~ f~ I~ I~ I CITY OF DENTON
D-Arllmg lkndty (amts pu I ' 1 L.K, L. L.J p5,_..
aae) 5 '!.'Ac 4 gu'Ae 4 211Ae 7 96/Ac t
Txt1m6kTr+}Gc(unitsis 111x955 I'Qy955 66x955 10\ 47 Z svasgetrips pcrdq) =10(10Lyip. 1741npe =840 trips =1101 trips
Z 0 Tail Trips (All phawc4) 1.62 nN
~J
Q 2 All Gent" and -4& eny garsec Jull lc s nunam1111.4 '0 fast fawn pr(lxtity lick
0.N
C ! r` 3. Lim rlcal fxdmas sMll he UnLk-t go Kirk! i
W 4 AllkRrSadigwrNeswrsi duilllerttjwuln,hjsrwu °udluhiJishillkaonlnwPol},tUkbwldrx BENS CREEK b
-t dxtime 4hrmeun*%kL~mmmh1,4 ESTATES
iJ i Ezlli. I- - -
J (il W Q 'H
~i~ > o ENTRY FEATURE ■
PIIOPOSFDMNDVSE SIGN DETAA. N.T.S.
111ACF 1 DIJACI DI) SINGLE FAM11 Y R),Sx l d N 1141. t
PIIASI:If t)ETA{l4I)SINGSI{FA~111.YRIaE]'I.NIIAI.
FILM BI INiTACIOI3 SIW'olF FAMILY RI:SII r1 N f IAI~
%IA&%:IV MULTIFAMILY
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These plans are the
4 property of PMnium
r Pons, and are not to
reproduced, traced or
reused for construction without the written
permission of Platnium
Plans, These plans
ore intended to pFovide
tho construction informatio..i necessary to
build this structure.
Builder/Owner sholf verify
SIDECAR U. S. HIGHWAY 377 and `heck all aspects prior to any construction. i Any jobsite changes wili
void Designer's liability.
Designer's liability not to
exceed fee poid for pans.
I ~ •
I
I I i
i SIDECAR DRAWN BY: TMIB
I I I r--° -G r---- 05/10/97 347 • e • DATE: CHECKED 6r:
_ , _ ' _ - • • OPEN SPACE FOR BUFFER _ r_ •
I I I I I I uu ppUR _ DATE:
R 24' U.E. LEFT INNATAL0_ ; • • 20' 1-1E- - - - - - - REMWN I Aumrr% F 16 ON T DI
DRIVEWAY I I I 1 I ! I I II 115' 1 8Y: DATE: 214' ,
, i 1SLRJ •i___ -ice _ + - ' l _
14 SM&K - ~ - - - ~ - - ~ R.Y. REVISION 2
DRM1Y 1 • S.Y. ' • • 8Y:
t J • t 2 co
• • • I I oe I 1 I IJ • DATE:
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TYP. STEET YARD TYP. STEET YARD
CUL-DE-SACK LOT STMAW LOT I
j 3T • 1 1' F---~ n (n L
STREET YARD
r DETAIL PLAN NOTES: BENT CREEK ESTATES LANDSCAPING PERCENTAGES
Z;
LOT NUMBER TOTAL SO, FT. TOTAL SO, FT, LANDSCAPED
1.) DEVELOPMENT STANDARDS: LOT 1 BLOCK K: 4579 2847 62%
LOT 2 BLOCK K: 4579 2847 62% r MIN, LOT AREA = 16,1 DO S.F. LOT 3 BLOCK K: 4579 _ 2847 62%
;T
MIN. LOT WIDTH = 110' LOT 4 BLOCK K: 4579 2847 62% 0 I
LOT 1 BLOCK L• 4778 3046 63% Q rr -•w
MIN. LOT DEPTH = 115' LOT 2 BLOCK L• 5692 3778 66% O I „ If _
NOTE: CUL-DE-SACK LOTS MY BE LESS IN DEPTH i LOT 3 BLOCK L 4919 2373 48% c
BUT OVERALL S.F. MWAINED LOT 4 BLOCK L• 6006 4023 67% J
LOT 5 BLOCK L' 4708 2976 63%
FRONT BLDG, LINE = 25' ` LOT 5 BLOCK L• 4708 2976 63%
SIDE YARD SETBACKS LOT 7 BLOCK l: 4936 3112 63% f r
MAIN BLDG. = 5' LOT 8 QLOCK L 4498 2419 g63% LOT 9 BLOCK L• 4624 2469 B
ACCESSORY LDG. THAT BLDG. = 3' LOT 10 BLOCK L: 4780 3112 co 10' R.Y
ON CORNERS I~ = 15' LOT 11 BLOCK L' 4708 2916 s- - -
REA R YARD SETBACKS
MAN BLDG. = 10' i
ACCESSORY BLDG. = 3' V f • I rrrj i
DRIVEWAY ACCESS = DIRECT TO STREET NO ACCESS r.
TO F.M. 1830 OR HWY 377 a <
MAX, FLOOR RATIO _ 50% LEGEND
MAX, BLDG, HIGHT = 2 STORIES 1 1 ~i 1 IrJ F~/T 1J
F.STNATED TRAFFIC 388 I `
• EXISTING TREES I-T 0.
OPEN SPACE = NONE FOR RECREATION: 18,480 S.F. HEDGES e~
BUFFER ALONG HWY. 311. THIS PORTION yy~
CONTAINS ESTABLISHED GRASS MID TREES RED OAKS (OR AS L. _1 ' u.~ +pf
AND WILL BE LEFT IN THE NATURAL' STATE, APPROVED FROM I
IT WILL BE OWEND AND MAINTAINED BY THE TREE LIST) rllt
HOME OWNERS ASSOC. CONSISTING OF: , Ile LOTS 1-4 BLOCK K FENCE
LOTS 1-11 BLOCK L - - SEWER LINE f T 1
DWELLING DENSITY = PHASE IV 7.18 AC. - -WATER LINE I
2.) ELECTRIC FACILMES WILL BE UNDERGROUND. -0 MANHOLE I `,J \
J-) ALL Luis MUNI U Unw AN INIMK SIKLLI ARE RLQUILRED
TO HAVE 4' SIDEWALKS WHICH SHALL BE CONSTRUCTED BY THE ~ HYDRANTS ~ g ~ Sri 1 ~ ~ ' • t 1•-
- - - - - -
BIULDER AT THE TIME OF CONSTRUCTION OF EACH BU WNG, GATE VALVE
4.) 4' SIDEWALKS SHALL BE REQUIRED ALONG HWY. 317 AND SHALL ' AND PLUG j
BE CONSTRUCTED ALONG WITH THE DEVELOPMENT OF PHASE N, to R r
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