HomeMy WebLinkAbout09-09-1997
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City Council
Agenda Packet
September 9 1997
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AGENDA Due
CITY OF DENTON CITY COUNCIL
September 9, 1997
After determining that a quorum is present and convening in an open meeting the City Council
will convene in a closed meeting of the City of Denton City Council on Tuesday, September 9,
1997 at 5:15 p.m. in the Police Conference Room of the Denton Municipal Cor3plex, 601 E.
Hickory, Denton, Texas, at which the following items will be considered:
1. Closed Meeting:
A. Consultation with Attorney Under TEX. GOVT CODE Sec. 551.071
1. Discuss and consider approval of an ordinance authorizing the City
Manager to execute a real estate contract wherein the City of Denton,
Texas purchases a certain one acre tract of land situated adjacent to
Mayhill Road, being part of a 19.969 acre tract in the David Hough
Survey, Abstract Number 646, for the future widening of Mayhill Road,
and establishing options for the acquisition of additional real property as
may be required.
B. Conference with Employees Under TEX. GOVT CODE Sec. 551.073. The
Council may receive information from employees or question employees during
a staff conference or briefirg, but may not deliberate during the conference.
ANY FINAI, ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH f
EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEX. GOVT CODE CH. 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 TO RECONVENE IN A
CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS
NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT,
INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071-351.085 OF THE OPEN
MEETINGS ACT.
Work Session of the City of Denton City Council on Tuesday, September 9. 1997 at 6:00 p.m.
• in the Central Jury Room of the Denton Municipal Complex, 601 E. Hickory, Denton, Texas
at which the following items will be considered:
NOTE: A Work Session is used to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving staff direction into whether or mot such
matters should be placed on a future regular or special meeting of the Council for citizen input,
City Council deliberation and formal City action. At a work session, the City Council generally -
• receives informal and preliminary reports and information from City staff, officials, members
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of City committers, and the individual or organization proposing council action, if invited by
City Council or City Manager to participate in the session. Participation by individuals and
members of organizations invited to speak ceases when the Mayor announces the session is being
I closed to public input. Although Work Sessions are public meetinat, and citizens have a legal
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City of Denton City Council Agenda
September 9, 1997
Page 2
right to attend, they are not public hearings, so citizens are not allowed to participate in the
session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior
to the beginning of the session, a written report regarding the citizen's opinion on the matter
being expWcd. Should the Council direct the matter be placed on a regular meming agenda,
the cuff will generally prepare a final report defining the proposed action, which will be made
available to all citizens prior to the regular meeting at which citizen input is sought. The
purpose of this procedure is to allow citizens attending the regular meeting the opportunity to
hear the views of their fellow citizens without having to attend two meetings.
1. Receive a report, bold a discussion and give staff direction regarding an early warning
system.
2. Receive a report, bold a discussion and give staff direction regarding residency
requirements for Airport Advisory Board.
3. Receive a report, hold a discussion and give staff direction regarding initiatives and
referendums.
Special Called Meeting of the City of Denton City Council on Tuesday. September 9. 1997 at
7:00 p.m. in the Central Jury Room of the Denton Municipal Complex, 601 E. Hickory,
Denton, Texas at which the following items will be considered:
CONSENT AGEl4MA
Each of these items is recommended by the Suff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received bxkground 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. Detaikd back-up information is attached to the ordinances
• (Agenda items 1-12). This listing is provided on the Consent Agenda to allow Councd Members
to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled,
Consent Agenda Items 1.12 below will be approved with one motion. A citizen may not speak
or fill out a 'request to speak' form on an item on the Consent Agenda unless the item is
removed from the Consent Agenda. The speaker stall be allowed to speak and the item shall
then be considered before approval of the Consent Agenda.
• I. Consider adoption of an ordinance accepting competitive bids and awarding a contract • •
for purchase of materials. equipment, supplies or services. (Bid rM - Refuse
Conulners)
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City of Demon City Council Agenda
September 9, 1997
Page 3
2. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for purchase of materials, equipment, supplies or services. (Bid 12094 - Child Care
Program for Low-Income Families)
3. Consider adoption of an ordinance accepting competitive bids and awarding a contract
F for purchase of materials.:Wipment, supplies or services. (Bid /2095 - Congregate dt
Home Delivered Meal)
4. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for purchase of materials, equipment, supplies or services. (Bid 12097 - Infant dt Child
Care Program for Low-Income Families)
5. Consider adoption of an ordinance sccgdng competitive bids and awarding a contract
for purchase of materials, equipment, supplies or services. (Bid 12095 - Domestic
Violence, Sexual Assault, Crisis Intervention dt Prevention)
6. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for purchase of materials, egtwipmrn , supplies or services. (Bid 12098 - Self Sufficiency
Program)
7. Consider adoption of an ordinance accepting competitive bids an U awarding a contract
for purchase of materials, equipment, supplies or services. (BH 120)9 - Health Care
Program for the Medically Underserved)
8. Consider adoption of an ordinance accepting competitive bids ante ^roviding for the
award of contracts for public worms or irnprovements. (Bid 12092 - k.:-roofing Deacon
Municipal Complex)
9. Consider adoption of an ordinance approving an Werlocal apeement with the town of
Flower Mound for office supplies and pagers.
10. Consider adoption of an ordinance providing for the expenditure of fur Is for emergency
• purchases of materials, equipment, supplies or services in aecom4m with the provisions
of state law exempting such purchases from requirements of competitive bids. (PC -
177507 - BCI Mechanical, Inc.)
11. Consider adoption of an ordinance providing for the expenditure of fads for purchases
of materials or equipment which are available from one source in accordance with the
• provisions of state law exemptc+g such purchases from requirements of competitive bids.
(PC 177183 - American Management System - fuuncisl soft etc) • •
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City of Denton City Council Agenda
September 9, 1997
Page 4
12. Consider adoption of an ordinance authorizing the City Manager to exentte a real estate
contaact wherein the City of Denton, Texas purchases a certain one acre tract of land
situated adjacent to Ma) hill Rood, being part of a 19.969 acre tray in the David Hough
Survey. Abstract Number 646. for the f»ture widening of Mayhili Road, and establishing
options for the acquisition of additional real property as may be required.
ITEINIS FOR L\'DIVIDUAL CONSIDERATION
13. Consider adoption of an ordinance authorizing the Mayor to execu a second amendment
to the existing agreement between the City of Denton and Texas Utilities Electric
Company extending the term therefor for an additional one year period; finding and
determining that the two meetings at which this ordinance is passed is open to the public
as required by Inw; providing for soceptance of the agreement by Texas Utilities Electric
Company and publication of notice of passage of this ordinance.
14. Consider adoption of an ordinance authorizing the City Manager to execute an agreement
for professional legal senvim with the Law offoa of Jim Boyle.
15. Consider approval of a resolution supporting the existing boundary between Denton
County and Tarrant County and supporting Denton County in its dispute with Tarrant
County over approximately 5,500 acres of Denton CouzYy's southern-most boundary.
16. Consider approval of a resolution approving the roodiatted senkmem agreement between
the City of Denton and the individuals protesting the City of Denton 's kWfdl permit
414ication for the expansion of the existing landfill; and authorizing the City Manager
to execute said mediated settlement agreement.
17. Consider nanitatiorslappointments to City's Boards and Commissions.
1 CERTIFICATE
R 1 certify that the above notice of meeting was posted on the bulletin: board at the City Hall of
the City of Denton, Texas, on the day of , 1997 at o'clock
(a.m.) (p.m.) ,
CITY SECRETARY
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City of Denton City Council Agenda
September 9, 1997
Page S
NOTE: THE CENTRAL JUICY ROVM OF THE DENTON MUNICIPAL COAtPM
IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH
DISAWLITI S ACT. THE CITY WILL PROVIDE SIGN LANGUAGE
INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT
LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (IDD) BY CALLING
14800-REIAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE
SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
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CITY COUNCIL REPORT
TO: Mayor and members of the City Couna
FROM: Mike Je:, Executive Dvedor of Operations
DATE: September 4,1997
SUBJECT: E /CY wARNWO SYSTMO WORKSHOP
SiMbwbM So 1997
RECOMAfENDA710NS;
h is our recomrnerxWion that the City Couroi receive stag input and Continue ft dsc rssion on the
issue of emergency waming systems at a City Council Wonkafop on Septembef 9.1997.
Staff wo SMC&aly recortwnend the following Corxerniirg emergency warring sysilems for the City of
Oenton.
Short-RefW Sohidons:
1. Develop spediications and purchase an AM WarrwV Rado system soon as fossbk.
2. Develop Con mo* Partnerships as part of an kitegrated Errrergw* y ManapemerA
System. Schedte and host an 'Emergency Decision Makers Cordererxa' for
:anuary,199e.
3. Develop a Public Education Program for Emergency W wrvrQ:
Provide public education maiensis f m h A the City on emergency wxr*-w.
0 Use an krt grWV Program from UNT to develop videos for public education.
4. Entrance our cable Wevision override and Emergency Alert System capabPdies.
5. Improve the City's Emergency Managert>ant Team Cal-back , ystem.
Long-Range Warrting Systom Enhanc n»nto:
6. As part o (the Commuruty Emergency Manaipemerif Partnerships, gather krput ftm the
corrrr ur* on our emergency warniong systems reeds (inck'*Q ekens) and idenWy krdf p
sources.
RACKGRDUNO:
At a City Counci Workshop on June 10, 1997, Staff presented an overview of emergency warrikg
systems in the City of Demon, irxk)&v our arrest capab Res as we0 as potential wVfove, wife.
Staff recommended looking seriousfy at Ue foiowkV
purchasing an emergency siren warring syslem (estimated Cost of $400.100).
• • Seeking Cornrrwnity Partrxrship% to fund this system. • •
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• Phaskg in a siren system over throe (3) years as part of the Ws CIP.
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At the June 10th Wo6shoo Council oa" Staff the foffowfnp difsctiof►:
• Develop immediate shorttange solutions 10 Mire City's warring system shortcomings. (less than
one year - FY1997M budget impact)
• Look at long-range warning system enhancement possiblies. (Mora MW One year- future
budgets impact)
• Consider an incremental approach to expanding our emergency warning system.
• Bring back furttner information on the needs of a siren system-
s Provide the back-up material on the survey that was done of other communities ooncerning
emergency warning systems.
At the Counpl Workshop on September 9, 1997, Staff wiz respond to Counci's direction from the June
10. 1997 workshop.
SUMMARY:
Sfren System:
After fu ew research and discussion with membws of Une oomnxrirty and other jurisdictions with
siren systems, Staff discovered several ovvwns about the value of a siren system. Dr. David Neal,
D' ector of UNT's InstiMe of Emergency Adm''Mbabon a-APtanni g, irxkated the fo6owing research
citations which raise issues about warning sirens:
• LindeM" rWarrwy Meduvwsms in Emergency Response Systems,' 1987) and Mqg
rCorrmaucabon and Behavior Orpanuaborsal and tndividual Response So Ww wgs,
1987) research both provide a nice overview on wanwg knWi» g problems with sirens.
• Rezearc h by Aguirre ('Saregoss, Texas, Tornado: May 22. 1987, An Evaluation d the
W'arri4W Sysrem,' 199 f) deals with sirens not coverrg certain areas and Problems *10
noo-Ergfish spoakbq populations.
• Also of Oak Ridge NafiofW Lab in 1987, an ex ensive review by John Sorenson, Demis
V eb and Barb Vogt documents (among many other Nwsgs) problerm with sirens as part
0 3 warrwV system.
While an outdoor siren system is not perfect ki and of itself, when used as part of a oomprehensM
wamog system, sirens serve as another layer of protection.
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After working wfth a siren company who did a twoday survey of the City. Staff also determined that a
more aouxate cost of a siren system to be approximately 5250,000 rather Man the OrVuWy projected
$374,o0n.
Emergency Oecfslon Makers Confwomc
One of the key ways to develop theme partnerships is on Emergency Decision Makes Conferernce. j i
• This is an idea ttat wl# work in Denton. ht's a mirwcwm haM day conference !a ! day b aefenedl IE • •
where the City hosts all the key people in the community wbo might have to make decisions in the
case o( a dsaslw or severe emerger y.
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Key representatives should come from the following
City County Government
State FEMA
School District Chamber of Commerce
Red Goss Other support organizations
Amateur radio group Media
Life tines (fnartce, u Uifies) Hospitals
Neighborhood groups Universities
Large Corporatbr&13u;inesses
The Emergency Decision Makers Conference presents a great opportunity for everyone to see low
serious the City is about preparedness and laving i In Jarnrary, 1996, corner before severe weather.
The subject matter would be a c mplete hazard analysis (what risks we have that make us
vulnerable), the roles all the groLpstagencies wit play in a disaster, low we warn people in tf e
community of an emergency and emphasizes a'partnershOO theme. tf we make it fairty ergertaining,
people should get sornettwig out of i. In addition, after hearing the facts, people wit give us their
input concerning warning syslema, espeaaAy sirens. We estimate an expenditure of up to $5,000 for
a fadlity, lunch, i vitat»ns and handouts. This could be considerably less K a facility is donated, W.
AM Radlo Station:
Inslaning a City-run and maintained A' 1 Radio Station provides a warning that the public can depend
on before, during and after an emergency. All residents h our commumty, N wW" Ube broadcast
zone, will be able to listen to im;odant up-tO the-minute, inlormatlve messages over a standard AM
radio frequency. Whether in a house, a place d business, a car, anywhere an AM radio is available,
the City's AM Warning Station can reach than. The City can ensure the public will be property 0
informed of the emergency and what precautions and procedures are tote followed. The system
provides the capabi ty to reach more people, more economically than any other warning system when
an emergency arises.
Requesting and receiving an FCC license takes approximaley 6 to 10 weeks. Staff has begun the
survey process of identifying sites for an AM station.
Public Education Program:
As discussed at the June 10th worlahop, pubk education still remains the most knportant piece of the
warning puzzle. The most critical asped of any emergency warning is that It will have been preceded
by education. Those who are Wert k*m*d about hazards and the risks present wig recognize
warning signs and read appropriatey. Research suggests that they wit read especialy wet if they
know w.We they are to go and haw to" there. We have delermined that t5e two key components
of a Public Education Program conceming disaster preparedness and errtergency warning systems
are:
• . We need to get educational materials into the hands of our citizens. This can be accomptisted
through current channels by both the City Public Information Office, the Fire Departmen's Public ~
Education Prograrn and the Police Department's Neighborhood Watch Program and other
Community PdickV charts. City Staff wilt need some training on 0* use of these mataiats.
Develop videos that can be shown during fines of potential emergencies as well as orrgoirg t v
public service arroxu cernents (PSA's) on local cable television. Staff reconmtends a dual • •
• otemship program ihrouglt LINT's Wevislon and radio department and its emergency
management program to develop educational videos. PSA's should also be developed for local
radio stations as weft as for the Cry's AM wamingrrdormation station.
in addition, we need to identify what materials are necessary far partialx populia6On groups such as
handicapped or ristimenat Devote or those speaking targuagea other than English.
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Enhance Emergency Alerting System (EAS) and Cable TV Override:
Staff win look at al options avaiabte to enhance our orrent television and radio warrvey capalA ties
with the local cable television company and radio statioex
improve Chy's Emergency Call-back of Emergency Management Team:
Warning key City Staff of impending emergencies determines to a great extent how wed we warn the
puWlo. Over the past several months. Gty Staff has developed an Emergwvy titanagemenw Program
consisting of a Basic Plan and functional Annexes. In addition, a CRY Task Force merle up of most
City Departments has worked on standard operating procedures for emergency operations center
activation and cal4mck of key City staff. We are curer imp*nenling these procedures and wihin
the next three months the Plan and Procedures will be In place and wit have been exercised.
FISCAL IMPACT:
Short-Range (FY1991199) Program Costa:
AM Raft Station $25,000
Emergent. Decision Mak..rs Conference $5,000 i
Public Education Program
Materials $6,000
kRorn" $4.000 510.000
TOTAL SNORT-RANGE COSTS $40,000
These are esttmaled_ one time cods. Ongoing costs for public education would be evaluated as
part of next year's budget process for effectiveness after one years experience. In addition, Owe
may be some on-going maintenance costa necessary for the AM raft station to be addressed in need
year's budget. These costs will be estimated as part of this speciflcabon and bidding process.
Long-Range (FYf99N99) Program Costs:
Fundng for wens ($250.000) which are targeted for purchase In this 19MM fecal year. is yet to be
determined. Possible funding includes the use of ww%- a resources as available or the issuance of
CO's.
Psease advise if I can provide additiorai iinlormbon.
RESPECTFULLY SUBMITTED:
Alike Sez
• Executive D"clor d Operations
Preparp~
Ross Chadwick
Fire Chief/Emergency Management Coordinator
• Atfachmenfs: ` • •
Enxrgency Warning Systems Overheads
North Texas Warning System Survey Result
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EMERGENCY WARNING SYSTEMS
Part H
CI& council wor*~
se/,t~er„ae,r 9, 1.97
Culty of Denton
Emergency
Management
Program
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WARNING SYSTEMS
Direction From City Council
June 10, 1997
♦ Develop immediate Short-Range Solutions to
the City's Warning System shortcomings (less
than 1 year).
♦ Look at Long-Range Warning System
Enhancement possibilities (more than 1 year).
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♦ Consider an Incremental Approach to
expanding our emergency warning system.
♦ Bring back further Information on the needs
of a Siren System.
♦ Provide the Back-Up Material on the survey
• that was done of orther communities
concerning emergency warning systems
(sirens).
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Common Goals of
Emergency/Disaster
Management
♦ Save lives.
♦ Care for casualties.
♦ Limit fwrt bw CasYaltN&
♦ Limit further damage to structures and environment.
• ReassuM and cailrO 1'or, 00 pubNc-
♦ Restore area to normal as soon as possible.
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Citizen Expectations
of Local Government
• Alert Aftcom In advances of a
eHsastvr.
♦ Be able to adequately protect life and property. {
♦ Quickly and accurately assess the magnitude of all
emergencies.
. Properly keep "toy n intorNwd of
the situation.
♦ Be able to adequately protect Ilfe and property.
♦ Relocate citizens to a safe place.
♦ Provide for a rapid restoration of services.
♦ Give assistance In the form of recovery services.
♦ Mitigate the impact of future emergencies. _
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WAURMIM SY87 MS
Key Elements
. Clem nwst be ent@cWd.
. D.cW" must be noe. about what to do.
• D.clsion nwst be acted Upon - ONLY d ISO
Public wafnine issue.
• The Vfwv* Vis only ~tlw M thous
it UNDERSIM It and anM_L1NIi TO
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A Disaster Waming Must.. .
. Be speaft abort the dmWo
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. se specHic about what to do.
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♦ no spacMc about who is b.ift WWO64 .
♦ se issued by ON posslbi. SOWCO 6
♦ se based on p olulors edre ktkwL
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A Disaster Warning Must.. .
♦ Be spwa% about On D/IMM
rllw" b. oo-Aw,
't!r aw Mra+ aw Nff
• Be spocift about WHAT TO DO.
Me" for yaw dl/~ti/rIMMt or o
Tam a pw "his ram ra* yw aad k"W It
a& aw fbwtr wild YOU hM w f m AN Cdr."
♦ Be spocift about WMO is b"" wa to&
M& wa IOW apwAW !b SIPOOV M to
♦ Be issued by all PCOMME sOVRCES.
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WARNING SYSTEMS
A Disaster Warning Must.. .
• Be bmed on PWMOUS EDUCATION.
rho moo Axpe t of a w Mhw Is
OW N w W /ww Awn po W cwdM by
T>Mooa wino am wMM ~rMforrw~sd
Ab"t wanws mw me A fam po""t wail
s6m auod pct
awrop/iMlp. Jii2 b ow fitey b,
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w*A of amy am to so and borr ft yet NwrE►
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WARNING SYSTEMS
Questions - Public Officials
An weather and other iadicstors of Potential
emergencies monitored conti~wousiy?
Would Key Emergency Personnel be notiAed rapidly of
a dhmmter or a potential disaster situation? What H a
Kell lndhdduai were out of town?
Who Is swons • for akwtleg the general Public
about an actoW or potential emergency?
Has the role of the nwAS in alerting the public been
coordinated with in"a r,epresentatiws? i
Has the general public been educated about the
mearMng of the alerting sNpmft and about
corresponding actions to take?
Are there special provft"m for alerting particWW
populstbn groups such as Its- - di or
• i people or tlaee spealdn languages
other than English?
Pop 13
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Wig NN/NG SYSTENS
CURRENT City of Denton
WARNING CAPABILITIES
♦ Matlonal ws w** System (MAWAS)
♦ Texas Vim key System (TEWAS)
♦ Texas Law E efacement T
(TLETS)
♦ National Weather Service (MM)
♦ SkyWom
♦ Emergency Alerd" System (EAS)
♦ Cable Tok wislon Over Ride
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*T aw l~onelPSystem
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WARNING SYSTEMS
ADDITIONAL City of Denton
WARNING POSSIBILITIES
LONG-TERM:
♦ Sirens
♦ Telephone System (Community Alert
Network)
SHORT-TERM:
♦ Future extensions of the Emergency Alerting
Systems (EAS)
♦ Public Education Programs
♦ AM Radio Station
• ♦ Community EM Partnerships r
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po. fs ,
• - rd'r.~ . ,P____ '.il ,W'+ . r fev'~" 'e'cF.: ~ti m`1 tl: _-ttb
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WARNING SYSTEXS
INTEGRATED COMMUNITY
WARNING SYSTEMS
Since This Is A Community Warning
System, All Levels of the
COMMUNITY Must Form a
Partnership to Determine How
Warning Systems Should Be:
• FUNDED
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♦ IMPLEMENTED
• ADMINISTERED
• MAINTAINED
• • EVALUATED I t # • •
Pw to
Z4 MZNKV-M-
WARNING SYSTEMS
RECOMMENDATIONS
SHORT TERM SOLUTIONS:
♦ Install an AM Radio Station ($25,000)
♦ Develop Community Partnerships {
($590W):
=>FEMA, Mate and County
~D/SD
l/nlveisNI"
Red Ciasslother Snort opvantsat/ons
=>State School
Lame Corp"Hons
1 ~Ne/ghborhooet Assoc
=>m sp"s
~Medls , ` '
Chamber of Corm "er+ce
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WARNING SYSTEMS
RECOMMENDATIONS
SHORT TERM SOLUTIONS:
(continued)
♦ Develop and Implement a Public Education
Program:
=t, ftw C Edacst rk"a AtiN,nfi~i (~8,AA0)
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♦ Enhaece Cable TV Override and EM
♦ Improve City Erriereency Manaeement Team
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WARNING SYSTEMS
RECOMMENDATIONS
LONG TERM ENHANCEMENTS:
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A4enda He ...9.9.
Agenda Ite lul a
Date
CV Y OF DEMTq TEXAS ~i GwMpf to tnt • ? is E Alexr►ntr • Wr~ton Tao 7670!
Tfkphww 1940) 3499306 • FAX 19401 3437239
MEMORANDUM
DATE September S, 1997
TO Mayor and City Council Members
FROM Linda Ratliff, [erector of Economic Development / t
(J
THRU: Ted Berimidcs, City Manager
I
SUBJECT. Airport Advisory Hoard
During the nominationlappointment process fa boards and commissions, a quevion wu raised as f
to why three of the Airport Advisory Board members may be rorvesidads of the City of Demon.
We contacted the Federal Aviation Admrmsuatim (FAA) to determine who requiremems, if any.
the FAA may have for board membership. They have none.
The tms nion pmnitvg Denson Courtly membership is was adopted in 1%9. We could find no
reference in our files as to why the 1969 change occurred. I visited with City stiff and some long-
time Advisory Board roemrbers regarding this issue and was given a variety of ressons why they
believe Denton County residents are permitted to sme on the Board
1 The Denton Municipal Airport is the largest airport in Denton County and smites a wider
area than just the City of Denton. Many ofour tenarxs do rot five in Denton. Broadening
the membership provides rcpmwmtion by those outside the City.
2 Airport Advisory Board membership should draw from a wider area of earpertim since
only a small percemage of DadoWs residents have an Werest in aviation or airports. ,r
3. Many years ago, a very active Board member ram-ed outside the city f n its. This may be
one reason k+r the change.
1
~ I have attached a copy of the lone 1969 resolution and a fist of our current Airport Advisory • 0.
Board members. As you can see- we awtendy have one member . lien Risser, who door not five in
Denton. If kit the City Councirs desire that staffprepare anew rewbrtion vnea ntg the
membership regtdrennenis for this Board, it is staffs recocnawdation that the terms of the current
Board members be VwWathered.
Please let me know if you have any questions.
Y►Lxafflw~M 4nh't'
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AIRPORT ADVISORY BOARD MEMBERS
196-"
coma Slreel Cky ! Td*bw Orldaal lreaeM
Mae Nme Aiies Slak Nsanlas Tas Term
1 Hal Jadroa Teas Bu"ag (O) Desarti TX 76201 910.312.6622 1993 1997.99
YOU" 117 W. Oat Me W 910.312.5622
2 Rick Woolfat 115 W. Collge (0) Denim TX 76201 0. 910.3t2.5500 1995 1997A9
Dmraace 3121 Waslp le Dr. (}i) Denim TX 76207 H: 910366.0072
Fa:: 910362.167E
3 Ana Houg 1329 Ambers Dr. TX 76201 . 940.W"00 1996 199691
Cocluaa : 910.566.1171
4 lama Jamieson 3312 0raaaBr Trr7 Denim TX 76205 H: 910.317.2972 1991 199691
Krklooema
5 rim Risw 9213 Dnid Fan Road Arne, TX 76226 . 214.601.1100 1992 1996-91
Beak) H: 940.240.3027
Fax: 214.604.4M
6 Don Sa kk 2101 Esnsoo Defton. TX 76201 . 940.565.3397 1997 ) 997.99
Brock H 910.317.5126
Taor Gw%W 2201 Shtnadak Tr. Duos, TX 76203 H: 940391.0212 1!!d 199696
• A41kr
All scup meudm man be taibeals of Dealoa Gossip, and fns sarst 1e neaidesfs of tine City of Daaoa lrlasbers are
appoinied for taa-y r lams
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CfTY OF DENTCK TEX" AIUN OPAi BUUDM ~ DENTM TEXAS ?&V f ~ TELEPHONE IA 1) Se"W7
ORW of tlw city AWW9W
NEKORANDUM
DATE: September b, 1997
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Agenda Item Request by Council Member Cochran
Council Member Cochran has requested Council discuss an item
regarding initiatives and referendums. Attached please find the
following information:
- An editorial written by Council Member Cochran to the
Denton Record-Chronicle
- Additional information supplied by Council Member
Cochran
- Charter language dealing with initiatives/referendums
s
Please let as know if you require any further information. r
f. '
yi a Benav es
{ City Manager
,
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'N&sed to Qmdky SrnicY" r
Mike Cochran 1610 West Oak SU Denton, Texas 76201
I
To the Edits.
I have atways considered the right of a ckizen to petition their government as one of
the solid cornerstones of the democratic system and 1 am surprised that the editors of the DRC
do not share this opinion, as evidenced in your editorial of July 13, 1997.
Your editorial cridws me for trying to make the system more citizen friendly. You
incorrectly state that the idea of the 'referendum in dry government Is new', yet ddzau of
Denton have had this right at ]east since the 1941 City Charter with no ill e%as. This is a
common provision In most city darters and a time-honored American tradition. Even Dallas
and Ft. Worth have h and both mquitt a smaller percentage of signatures to call an election.
When the current dry charter was drafted in 1959, this provision was kept in place as
a check on the power of the City COXWO, Just as the kderal government has it's checks and
babrKes the citizens of Damon were given a mechanism by which they could 1) petition to
repeal an ob)tWoaabk law, 2) propose new ordinances and 3) recall elected officials.
It Is not intended to encourage frivolous campaigns to stilt every extreme. Sufficient
safeguards were put into place to ensure that the petitioners were serfaus about their issues.
To call an election petitioners must saute bona Rde signatures equal, to 25% of the voters can
the prcv" dry election. (based on the lax kw elections that would be between 900 and
1400 signatures) If they are We to aocomplish that ditliailt task, then they must receive a
majority of the votes in a specially called election for their point to succeed. i
TTnis has been a rare occuneixe in our community for several reasons. First of all it Is
hard Work to convince 25% of the voters to take such a drastic step. The second and main
reason is bmatuse we have generally had a Clty Council that is responsive to the public and it
has net been necessary.
IL however petitioners art successful in securing the appropriate number of
signatures and an win a free election, then it is self evident that the council was out of step
with the dozens and democracy has been well served. Who could argue wkh that?
• My proposal to provide a simple petition form For citizens is a result of an Incident last
year in which a citizen who asked about the correct form for a petition was told by the City
Attorney that he would have to 'get a lawyer' to find out. Fie was told that Information about
exactly how a petition might look was protected by the AttomeyKAtnt Privilege and could
only be divulged to the City Council, I fed that this is an unacceptable answer in a fm
• society. It is as If a citizen Is told he can vote, just not told how to or where. • •
When the apparatus of the Ctry is used to prevent dozens from exercising their legal
righ s it is jut plain wrong and I an against It. When convoluted legal arguments are used to
swinke at the spirit of the law and act an impediment to dozens rights, I am against it.
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The citizens have a tnvioiabk d& to take an issue to the ballots and it is sad to we the
DRG advocating taking that right away from them.
All 1 tun asking with my small proposal is the regular, everyday citizen be given the
same rights as the powerful 1 ask that the common citizen of Denton be traced with some
dignity and respect and not have: it muff" that they wiH run w5d should they ever find out
how to fill out a petition. All f am asking is that we have a dry government that works for the
people and am agairnt them.
in the end the best way to prevent paition drives is for the City Council to gmrn
wisely and trust the sound judprwd of the good citizens of Denton
Mike Cochran
387.0993
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Mike Cochran
610 west Oak Street
Denton, Texas 76201
September S, 1947
Mayor Jack Miller
Members of the City Council
215 E. McKinney
Denton, Texas 76201
Dear Friends,
RE. Sample Petition Form
Thanks for the opportunity for explaining my rationale for making this request to provide a
sample petition form for citizens. The primary reason for this request is to pursue our
mutual goal of opening up the governing process. I feel that there was a public relations
problem last year concerning the form of petitions and that with this simple proposal we
might correct some of that public perception.
I thine{ that by denying the validity of the petition last year, undue attention has been given to
the Process and now we have an opportunity to diffuse some of that negative reaction.
The right to petition is a proper right that all Americans enjoy. It serves as a legislative I
forum of last resort for citizens who disagree with decisions of their elected officials. More
than that, it is a reassurance for citizens, almost an insurance policy against poor government
and serves as a pressure relief valve for the democratic system.
As you know, our Council is made up of a broad spectrum of individuals representing
various aspects of the Denton community. We each bring flesh perspective to the Council
and that is the strength of the democratic process. Whereas an attorney might bring in some
expertise with legal matters, a business person other important experiences and minority
members the view from the minority community. Pan of my background is that of a citizen
activist. This is a role that I have worked at very hard for a number of years and in that
have developed certain skills and an understanding of what it's like trying to work with
various councils. In my experience with working on community issues, I have myself
circulated several petitions and have firsthand knowledge of the frustrations that an result `
from a perception of a 'closed door" governing body. !II
The two petition drives I either initiated or participated in were opposing TMPA and •
opposing the City Council decision to close our landfill and sell our commercial garbage
collection to Waste Management Incorporated. 1 believe that history has born out my point
of view on both issues, yet at the time it was impossible to get the council to listen any other
way. Neither of these actually resulted in a referendum, but they did serve to demonstrate
the resolve of the citizens.
.y
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Mayor and Members of the City Council
September 5, 1997
Page 2
As for some of the arguments circulated about the Charter and the requirements for the
petition form, there seems to be a variety of opinions on the subject. On one ha- J, it is said
that the Charter is clear about the proper form for petitions. On the other the City Attorney
has opined that, if perhaps the requirements are hard to understand then it might have been
the intention of those that drafted these provisions in the City Charter to discourage
petitioners. In reading various attorney reports on the validity of the Extended Drinking
Hours repeal petition it seems that there is some confusion within our own legal department
as to what constitutes a valid petition format.
Locally, most municipalities allow this right. While Denton presently requires a petition to
have the number of signatures equivalent to 25% of the voters in the previous city election,
Ft. Worth requires 20% and Dallas 15%. Prior to 1959, Denton required only 20% of the
voters to call for an election.
One important factor to consider is that to circulate a petition is hard work and not for the
faint hearted. The fear that frivolous or capricious petitions might bloom on the landscape
were we to make the process any easier I believe is unfounded. This right has always been
available to our citizens and there is no evidence that it has been abused in the past.
Should a controversial petition receive the appropriate number of signatures to call an
election then we have an obligation as elected officials to facilitate the calling of an election
and trust in the collective wisdom of the people. We have an obligation to facilitate all
aspects of the process as stewards of open government.
It is perceived by many that the City has used opinions of the City Attorney to, in effect,
limit the right of citizens to petition their City Council. I consider that an unfortunate public
relations problem which can be easily remedied by opening the door and provide a sample
petition to help empower the citizens of Denton. This would also serve to demonstrate that
Council is secure in the belief that the voters would back us on major issues.
While we have discussed the interpretation of the City Charter by the City Attorney, I note
one interesting point. The Charter is quite clear on this important issue of certification. It is
nowhere stated that the City Attorney has any responsibilities at all concerning certification
• of petitions. It plainly states that it is the responsibility the City Secretary to validate the
petitions for initiative, referendum and recall.
1, therefore, request that we ask the City Secretary to draw up a sample petition form to have
on file for any citizen who might be called to petition his Council. I believe that by opening
up the process, we don't encourage excessive petitions: we demonstrate that they are
• unnecessary. • •
Respectfully submitted,
Mike Cochran
r r
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CIIA)MR f 4.01
be preserved by the city secretary until the expiration of the term of office for which he has
been nominated.
Sec. 3.03. Official ballot.
The city secretary shall make up the official ballot from the names presented to him. The
order in which the names of the candidates for each place shall appear on the ballot owl be
determined by lot in a drawing held under the supervision of the city secretary, at which
drawing each candidate or his designated representative shall have a right to be present. All
official ballots shall be printed at least twenty (20) days prior to the date of any general or
special election, and absentee voting shall be governed by the general laws of the State of
Texas,
Sec. 3.04. Canvass: Election returns, results.
(n) Immediately after counting the votes, the presiding judge shall deliver the official
returns of the election to the city secretary. Un the next Tuesday following the election, the
city council shall canvass the returns and declare the results. The returns of every municipal
election shall be recorded in the minutes of the council.
(b) The candidates receiving the majority of the votes cast for each place shall be declared
elected. lr no candidate receives a majority, or If there Is a lie for any one place, the council
shall order a second election to be held no later than the twenty-eighth day after the first
election to rill that place. Only the names of the candidates who Lio for the highest number of
votes cnst for that place, orthe two (2) candidates whoreceivethe highest numberofvoteswilh
neither having a majority or votes cast for that place, shall be printed on the ballot for each f
' election. In the event ora tie vote at the second election, the candidates who tie shall cast lots '
in the presence of the city secretary to determine which one shall be declared elected, and said
W shall be cast within five (5) days of the second election.
(d Immediately after the election results have been declared the mayor shall deliver
cerlificates of election to the successful candidates. Each councilman shall take the oath of
office as soon thereafter as practicable at which time his term of office shall begin.
(Ord. No. 7612, Amend. No, 1, 4.576; Ord. No. 79-86,; 2, 12.11.79, ratified 1.1980)
Sec. 3.03. Regulation of elections.
• Except as otherwise provided by this charter, all city elections stall be governed by the
applicable provisions of the Election Code of the State of Texas, as now or hereafter amended.
The council shall have the power to make such additional regulations as may be necessary. '
State law reference-Elections, V.T.C.A., Election Code 11.005 A seq.
ARTICLE IV. IN177ATIVE, REFERENDUM AND RECALL
• • •
Sec. 4.01. Power of Initiative.
The electors shall have power to propose any ordinance, except an ordinance appropri-
ating money or authorizing the levy of taxes, and to adopt or reject the proposed ordinance at
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1 4.01 DFIMN CODE
the polls, such power being known as the Initiative. Any inltiotlve ordinance may be aub•
milted to the council by a petition signed by qualified voters *(the city equal in number to at
least twenty-five percent of the number of votes cast at the test regular Munkipal election.
Sec, 4.02. Power of referendum.
The electors shall have power to approve or reject at the polls any oordimince
appropriating by the
council or submitted by the council to a.via of the electors, except an
money. Issuing bonds or authorteing levying of taxes, such
nown PA the
enactment b the we rbeing of kany or
which referendum. Within twenty 1201 days ualifled voters of the city equal in
hich ►s subject to a referendum, ■ petition signed by q last preceding
number to at least twenty-five percent (26%) of the number of votes c ~inMthat a such
regular municipal election may be filed with the city secretary requesting any
ordinance be either repeated or submitted to a vote of the electors.
Sec. CM Form of petition, committee of petitioners.
Initiative petition papers shall contain the full teat of the proposed ordinance. Refer
endum petition papers shall contain the full test of the ordinance which they propose to repeal.
The signatures to Initiative or referendum petitions need not all be appended to one papcr,but
to each separate petition there shall be attached a statement of the circulator thereof as
provided by this section. Each signer shall sign his name in ink or Indelible pencil aand sWI
give after his name his place of residence by street and number, or other descripto
to Identify the place. There shall appos r on each petition the names and addresses of the same
Ow- ;,i! clew{rxs, who, as n committee of tits petitioners. shall be regarded as responsible for the
circulation and filing of the petition. Attached to each separate petition paper there shall be
an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing
paper, that it bears a stated number of signatures, that all the signatures were appended
thereto in his presence and that he believes them to be the genuine signatures of the persons
whose name they purport to be.
See. 4.04. Filing, examination and certification of petitions.
All papers competing an initiative or referendum petition shall be assembled and filed
with the city secretory as one instrument. Within twenty 1201 days alter a petition is fled, the
S city sarclary shall determine whether each paper of the petition been the required affidavit
of the circulator and whether the petition is signed by a sufficient number o(guafifted ot .
After completing his examination of the petition, the city secretary er y the result
thermf to the council at its next regular meeting. If he shall certify that the petition is
insufficient he shall set forth in his certificate the particulars in which it is defective and shall
at once notify the committee of the petitioners of his ftrdings.
Sec. 4.05. Amendment of petitions.
An initiatlvo or referendum petition may be amended at any Urn* within ten i10) days
after the notification of insufficiency has been sent by the city secretary, by filing a supple.
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CHARTER } 4.09
mentery petition upon additional papers signed and filed as provided in the cafe of sn odginal
petition. The city secretary shall within five 181 days after such an amendment u flied, ex.
amine the omendecl petition and, if the petition is still Insufficient, he shall file his certifkate
to tbe► effect In his office and notify the committee of the petitioners of his findings and no
further action shall be had on such insufficient petition. The Wings of the InsuMcieney of a
petition sbalt not prejudice the filing of a new petition for the same purpm.
See, 4.0& Effect of certification of referendus petition
When a referendum petition, or amended petition as defined in section 4.08 r(thls article,
has been certified as sufficient by the city seereW7, the ordinance specified in the petition
shall not gn into effect, or further action thereunder shall be suspended if it shall have gone
Into effect, until and unleu approved by the electors as hereinafter provided.
Sec, 4.01. Consideration by council.
Whenever the council receives a certified Initlatiw or referendum petition from the city
scarctary, it shall praeed at once to consider such petition. A peopesed Initlatiw ordinance
shall be read and provision shall be made for a publk Aegean upon the proposed "ni"nes.
The council shell take final action on the ordinance within sixty (60) days after the date on
which such ordinance was certified to the council by the city secretary. A referred ordinance
:hall be reconsidered by the council and ib final vote upon such reconsideration shall be upon
the qurstton, "Shall the ordinance specified In the referendum petition be rgealed?"
See, 4,08, Subtalssion of electors,
If the council shall fail to pass an ordinance propmed by Initiative petition, or shall pass
it in a form different from that set forth in the petition therefor, or if the council shall fall to
rcpcal a referred ordinance, the proposed or referred ordinance shall be submitted to the
electors not less than thirty 1301 days nor more than sixty, (641 days from the date the council
takes its final vote thereon. If no regular election is to be held •ilhin such period the council
shall provide for a special election.
See. 09. Form of ballot for Inftlated and referred ordinances.
Ordinances submitted to a vole of the elh'tors in accordance with the Initiative and
referrMum provWons of this charter shall be submitted by ballot title, which shall be pet•
pared in all tames by the city attorney. The ballot title may be different from the legal title of
any such initiated or referred ordinarue and shall be a clear, concise statement, without
argument or prejudice, dcuilptive of the substance of ouch ordinance. If a paper ballot is used
it shall have below the ballot title the following propositions, one above the other, In tM order
indicated: "FOR THE ORDINANCE" and "AGAINST Tilt ORDINANCE." Any number of -
ordinances may be voted on at tM same election and may be submitted on ►M same ballot, but
any paper ballot umcd for voting thereon OW) be for that purpose only, it voting aachlnes are
used, the ballot title shall bev* below it the some two l41 prepositions, one abow the other of
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1 Op DFMN CODE
one preceding the other In the order Indicated, turd the elector shall be giv*n an opportunity
to vole for or against the ordinance.
Site. 1.10. Results of election, publlcatlsa
rat If a rnq~otily of the electors voting on a prapoeed lnlllatlre ordinance sha11 vote In terror
thereof, it shall thereupon bo an ordinance of the city. A referred ordinance which is not
approved by a mn}orlty of the electors voting thereon shrill thereupon be deemed repeale&
ib) Initiative ordinances adopted and referendum ordinaneee approved by the electors
shall be published, and may be amended or repealed by the council In the tame manner u
other ordinances.
Sec. 1,11. Recall of couneilown.
Any member of the city council may I» removed from office by a recall election.
Sec. 1.12. Recall pelitiom cominities of pettlsonets.
Recall petition papers shall contain tha name of the councilman for names of the coun•
tilmcnt whm removal it sought, and a clear and egnctse statement of the grounds for his (or
their) removal. There shall apptar at the head of each petition the names and addre so of m.
electors, who, as a committee of the petitionert shall be regarded as responsible for the cir
culation and riling of the petition. Fisch signer of any petition paper shall tip his now In Ink
or irnki ibte pencil and give after his name his plain of reslde" by street and number, or other
daseeipUnn sufficient to identify the place, and the dale his signature was aMAW. No signa•
ture to such petition shall remaln trfective or betounted whkh was placed thereon mom than
forty five I/S) days prior to the riling of such petition with the city secretary. The signatures
to a recall petitW t+nd not sdi be appended to one paper, but to each separate petition `ire
shall be attached an sffidavit of the circulator thereof that he, and he only, personally
lated the foregoing paper, that it bean a stated number of signatures, that all signatures were
appended thereto In his presence and that he believe them to be the genuine signatures of the
pet ms whose names they purport to be.
Sec. 4.13. Filing and certification of petitions, recall election.
• w All papers comprising a revAll petition shall be a_aembled and filed with the city
secretary as one imstrumenr. Within seven 171 days after a petition is riled, the city secretary r
:hall determine whether each paper bean the names of five * electors who constitute a
a"mmittee of the petitinnen, and the required affidavit of the circulator thereof, and whether
the petitkm Is signed by qualified voters of the tonstituerwy of the councilmember whoa
removal i. sought equal In number to at least twenty-five 173Y percent cS the number of the
• votes rust tot that councilmember and all of his opponents in the last preceding general • •
municipal election in which he was a candidate. At used herein "condituency" shall mean the
qualified vuten eligible to vole for the couneilmember whose removal Is ought, either by
gengrnphkal district tw at large, as the rate may be.
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ApanEs Itl
ORDINANCE NO,
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
TI IE PURCHASE OF MATERIALS. EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR i)IF EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE
DATE.
MIE, FLEAS. the City has solkited, received and tabulated competitive bids for the purchase
of tvicessuy materials. equipnwr.t. supplies or servim in accordance with the procedures of STATE
lavv and City ordinances; and
WHEREAS. the City Mmuger or a .1tvfonated employee has reviewed and rftvn mended
that the herein described Nds are the lowrst responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; ash
MIEREAS, the City Council has provided in the City Budge for the appropriation of fu»ds
to be uscal for the purchase of the materials, equipment, supplies or services approved and accepted
herein: NOW, THEREFORE.
1111: COI.h'CIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numberej items in the following numbered bids for materials.
Nuiprtent. 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
NVMDER NO VENDOR AAIOUN. T I
t
IV0 ALL B t C BODY COMPANY f 43.630 00 f
SECTION 11. That by the acceptance are' approvsl of the above numbered items of the
submitted bids. the City accepts the offer of the persons submitting the bids for such items ant
agrees to purchase the materials, equipment, supplies or services in accordance with the terms.
.4-%cif'Katiotu, stwklard& quantities and for the Wified sums contained in the Bid invitations. Bid
Proposals. and related documents.
SECTION 1111. That should the City and persons submitting approved wW accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
j approval, and awarding of the bids, the City Manager or his designated representstive is hereby
I auN-)rizoJ to execute the written contract whkh shall be attached hereto; provided that the written F
t contract is in accordance with the terms. condition specifications, standuds, quantities and
t♦ sr-Nitivd sums conuired in the Bid Proposal and related documents herein approved and accepted. • •
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SECTION IV. Ttat by the accopance and aMovat of the above numbered items of the
submitted bids, the City Council hereby avth0lim the expenditure of funds therefor in the amount
and in accordance with the approved bids or purpmu to a written contract made pursuant thereto as
authorized herein.
SECTION Y. That this otdirwxc shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this day of . , 1997.
i
JACK MILLER. MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEOAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SL'APLY.OAD
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DATE: SEPTEMBER 9, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: BID M 2083 • REFUSE CONTAINERS, 6 CU. YD. FRONT LOAD
RECO:HNIENDATION: We recommend this bid be awarded to the low bidder, B dt C Body
Company, in the total amount of S45,650.00.
SU,NMIARY: This bid is for the purchase of ten 6 cu. yd. self contained refuse
compactor/containers. These refuse containers will be used in the commercial solid waste system
and sill enable the Solid Waste Division to operate more efficiently, reduce cost, and reduce
frequency of pick-ups.
Bids were mailed to fifteen vendors and three responded with bid proposals.
PROGRAMS, DEPARTMENTS-OR GROUPS AFFECTED: Commercial Solid Waste
Division, Utility Department, Customers of the Commercial Solid Waste Division.
FISCAL IMPACT: Budgeted fords for Commercial Solid Waste for 1997; account number 630-
024-0802.9155
Attachments: Tabulation Sheet
Memo from Fars Emadi dated 08/28!97
i
Respectfully submitted:
i
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Ksth
Assistant City Manager of Finance
Prepared by:
Name: Denise llarpool i
Title: Senior Buyer
pproved: -
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent ,
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BID 0 2915
BID NAME REFUSE CONTAINERS, 6 CU. Y0. WASTEQUIP MARATHON B 4 C j
FRONT LOAD MAYFAB EQPT BoDYCo
OPEN DATE AUGUST If, 1"7
M - QTY _ DESCRIPTION VENDOR VENDOR _ VENDOR
I. 1%0 LA SELF-CONTAINED COMPACTOR/
CONTAINER -53_260.00 "I.00 "S.00
DELIVERY 30 DAYS 21IDAYS 34.34 DAYS
1
NO BID RESPONSES
ROLL OFFS OF AMERICA
WASTE SYSTEMS
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MEMORANDUM
TO: Denise Harpool, Purchasing j
FRONT: Fara Emadi, S/W Administrative Smices Coordinator
DATE: August 28, 1997
SUBJECT: Bid #2085
The Solid Waste staff recommends that B & C Body Co. be awarded Sid #2085 as they,
were the lowest bidder meeting our bid specifications.
Purchase of these containers will enable Solid Waste to:
1. Increase operational efficiency
2. Reduce operation cost
I Provide customers with more service options E
4. Reduce frequency of pickups
5. Increase safety
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Agenda NO
ORDINANCE NO. Agenda Item
Date
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS INEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or smites in accordance with the procedures of STATE
lew 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 h
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS. the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 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 appro+ed as being the loves: responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
2095 ALL DENTON CITY COUNTY DAY SCHOOL $23,000.00
I!
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 Imitations, Bid
Proposals, and related documents.
• SECTION III, That should the City and
persons submitting approved and accepted items and ~
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and _
• specified sums contained in the Bid Proposal and related documents herein approved and accepted. •
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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.
SECTIONS. That this ordinance shall becorne effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of -_,1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: - -
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY ORD
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DATE: SEPTEMBER 9, 1997
j
CITY-COUNCIL REPORT f
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: SID $02094-CHILD CARE PROGRAM FOR LOW-INCOME FAMILIES
RECOWi MATION: We recommend this bid be awarded to the single respondent, Denton City
County Day School, in the amount of $23,000.00.
SUMMARY: This bid is for a licensed child care program provider for children of low-to-moderate
income working parents, parents enrolled full time in school or a training program, unemployed
parents who are actively seeking employment, and parents working and enrolled in school part time.
Services will be extended to children 18 months to S years and offer services from 6:30 A.M. to 5:30
P.M., including well balanced meals and a learning development curriculum
PROGRAMS.DEPARTMEIITS OR GROUPS AFFECTED: Dadon City County Day School,
CDBG Division, and citizens utilizing the program.
FISCAL IMPACT: General Fund monies have been appropriated for the program.
Account R 100-051-01 SM-8930. f
I
Respectfully submitted.
f.
Kathy Saito
Assistant City Manager of Finance
Approved by:
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Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent '
MAGMA
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4or4a Item $
ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances: and
WHEREAS. t I : City Manager or a designated employee has reviewed and recommended
that the herein dcs~ ribed bids are the lowest responsible bids for the materials, equipment, supplies
or services as sho,,\n 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; NO\1', THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, ,ae hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
2095 ALL SPAN, INC. $26,000.00
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or sences in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Imitations, Bid
Proposals, and related documents.
SECTION III. Ill. That should the City and persons submitting approved and accepted items and i
of the submitted bids wish to enter into a forma[ written agreement as a insult of the acceptance,
approval, and awarding of the bids, the City Manager or his designated teptesentative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the tsTitten
contract is in accordance with the terms, conditions, specifications, standards, quantities and _
specified sums contained in the Bid Proposal and related documents herein approved and accepted. • •
1
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~6tSECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of fiords therefor in the amount
and in accordance with the approved bids or pursuant to a written contract mace pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effec-dw immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: -
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY iF
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BY:
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DATE: SEPTEMBER 9, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Firoerce
SUBJECT: BID 0 20" - CONGREGATE AND HOMF, DELIVERED MEAL PROGRAM 4
FOR SENIOR CITIZENS {
REC05LMENDATIONt We recommend this bid be awarded to the sin gk respondem SPAN, Inc.,
In the amount of S26,000.00
SU\L'IIARY: This bid is for providing coni"We and home delivery of mats for senior cidwm
This program provides a trot noon meal at the MLK Recreation Center and the Denton Senior Center
and home delivered meals for residents at Heritage Oaks. The program targets at risk, low income,
frail, and minority elderly.
PROGRAMS. DEPARThMNTS OR GROUPS AFFECTED: SPAN Inc., CD80 Division and
Citirtns of Denton participating in the program.
FISCAL IAIPACTr General Fund monks have been appropriated for this proBrwL Account 1100.
OS 1.01 SM-11912.
Respectfully submitted:
Kath I
Assistant City Manager of Finance
Approved:
R Name: Tom . Shaw, C.P.M.
i r
Title: Purchasing Agent
l77.AGtND~ .
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Aplnd~ MI
ORDINANCE NO. 4a11_
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.
%%11EREAS, the City has solicited, received and tabulated competitive bids for the purchase
of wessaq. materials, tquiprrteat, supplies or services In accordance with the procedures of STATE !
law and City ordinances; and
WI IEREAS, the City Manager or a designated employer has reviewed and recommended
that the herein described bids arc Ow lowest responsible bids for the materiab, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
%%'}IEREAS, the City Council has pro%ided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipmett, supplies or senicts approved and accepted
herein: NOW. THEREFORE,
s
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals' attached heteto, are hereby accepted
and approved as being the lowest responsible bids for such items:
DID ITEM
NUMBER NO VENDOR MIOUNT
2097 ALL FRED A100RE DAY NURSERY S)7.00000
SCHOOL, INC.
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 docu nwnts.
SECTION 111. That should the City and persons submitting approved and accepted items and i
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 %vritten contract which shall be attached htrtto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
speciried sums contained in the Bid Proposal and related documents herein approved and accepted. • •
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SECTION IV. That by the acceptance and +PPMVLI of the Am* numbered items of the ;
nkenined bids, the City Council here WAM dZn the expenditure of funds therefor In the amount
and In accordance with the appmNvd bids or punwmt to a w ian cootrnct made Pm unt thereto as
authorized herein.
SECTION V. That this ordinance 9WI became effective Immediately upon its passw and l
E
Approval.
PASSED AND APPROVED this day of ,1947.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS. CITY SECRETARY
f ,
BY:
1
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY. CITY ATTORNEY l
BY.
St:MY ORD
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DATE: SEPTB4BER9,1997 I
i
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROST: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: BID02697• INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME
FAMILIES
REC01[MENDATIONt We recommend this bid be awarded to the single respondent, Fred Moore
Day Nursery School, Inc., in the amount of $37,000.00.
SU.WNL►RYs This bid Is to provide licensed child cue services on a sliding fee scale for children
of low-to-moderate Income worklag parents, peens enrolled 11s1I time In aclaoi or a training program,
unemployed IndN3duals who are actively seeking employment, and parents working and enrolled in
school part time.
The service accepts children of ages 6 weeks to S years from 7.00 A.M. to 6.00 P.M., and Includes '
,Atli balanced meals and a learning development curriculum. ~ .
PROGRAMS DEPARTMENT'S OR GROUPS AFFEC iEM Fred Moore Day Nursery School,
Inc., CDBO Division, and Citizens of Denton utilizing the program. r
FISCAL IMPACT: General Fund monks have been appropriated for this progran. Account 1100 r
051.015M-8963. ( i
Respectfully submitted:
Ka 4
Assistant City Manager of Finance t
• Approved: ` .
I
Name: Tom D. Shaw, C.P.M. '
Title: Purchasing Agent
s~r,acsrroa
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Agenda No ?
Agenda hem
ORDINANCENO. Date
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.
11'HEREAS, 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 heroin described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
RTIEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment. supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
:096 ALL DENTON COUNTY FRIENDS OF THE S40,000.00
MMILY, INC.
SECTION II. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submining the bids for such items and
agrees to purchase the materials, equipment. supplies or services in accordance with the terms,
sMificatiom standards, quantities and for the specified sums contained in the Bid Invitations, Bid
• Proposals. and related documents.
SECTION Ill. That should the City and persons submitting approved and accepted items and '
of the submitted bids wish to enter into a formal wrinen 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 ~ t
contract is in accordance with the terms, conditiotm specifications, standards, quantities and j • •
specified sums contained in the Bid Proposal and related documents herein approved and accepted,
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SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as f
authorized herein.
SECTIONY. That this ordirtartce shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WAL'fERS, CITY SECRETARY
BY'
APPROVED AS TO LEGAL FORM: I
HERBERT L. PROUTY, CITY ATTORNEY
BY: - - ;
SUPPLY ORD
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DATE: SEPTEMBER 9, 1997
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: 131Dk20%- DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS
INTERVENTION AND PREVENTION
RECOMMENDATION: 15'e recommend this bid be awarded to the single respondent, Denton
County Friends of the Family, Inc., in the amount of 540,000.00.
SU1*1MARY: This bid is to provide shelter and protective services to assist victims of domestic
violence and sexual assault, as well as programs to reduce the incidence of domestic violence and
sexual assault
PROGRAMS, DUARTMENTS OR GROUPS AFFECTED: Denton County Friends of the
Family, Inc., CDBG Division, and Citizens of Denton utilizing the service,
FISCAL IMPACT: General fund monies have been appropriated for this program.
Account # 100-051-015M-8931.
,
1
Respectfully submitted:
I
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Assistant City Mutagerof Finance
Approved:
Name: Tom D. Shaw, C.A.M.
Title: Purchasing Agent
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Agenda lit SS
ORDINANCE NO.,---- Date
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
taw and City ordinances; and
I
WHEREAS. the City Manager or a designated employee has reviewed and recommended
that the herein described bids arc the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items: t
BID ITEM l
NUMBER NO VENDOR AMOUNT
2096 ALL HOPE, MC. S30,000.00
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards. quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTICN UI. That should the City and persons submitting approved and accepted items and i
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids. the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
• specified sums contained in the Bid Proposal and related documents herein approved and accepted. h • •
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SECTION.IY. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION Y. That this ordinance shall became effective immediately upon its passage and
approval.
PASSED AND APPROVED this - _ _ day of 1997.
JACK MILLER, MAYOR
ATTEST: t
JENNIFER WALTERS, CITY SECRETARY
BY:.
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SL'PPLY.ORD k
2
i~
DATE: S£PTEMBER9, 1997
f
i
CITY COUNCIL REP9RT
TO: :Mayor and Members of the City Council
FROM: Kathy DnBose, Assistant City Manager of Finance
SUBJECT: BID k 2098 - SELF SUFFICIENCY PROGRAM i
RECOMMENDATION: We recommend this bid be awarded to the single respondent, HOPE, Inc.,
in the amount of 530,000.00.
SUMMARY: This bid is for providing services to homeless and potentially homeless in Denton who
can help themselves, and desire to do so, toward establishing and maintaining self=reliance and toward -
becoming reintegrated as productive members of the community.
Services include providing crisis managenwnt, verification and assistance with application to the
Housing Authority for homeless or involuntary displaced persons, coordinate services for the entire
family, and assist in budget planning, goal sexing and job search. f
t.
PROGRAMS, DEPARTMENTS OR GROU2EM AFFECTED: HOPE, Inc., CDBG Division, and }
Citizens of Denton utilizing the program.
FISCAL IMPACT; General Fund monies have been appropriated for this program.
Account #100-051-013M-9%7 - $ 5,000.00 f ,
0219-05F-CDFF-8502 - $25,000.00
Respectfully submitted:
s
i
Kath
Assistant City Manager of Finance
Approved: I
' Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent - i
92 S. AGMDA
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Apenda ka I
Agenda me 5 {
ORDINANCE NO, _ Date
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommendei
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 rnatedals, equipment, supplies or services approved and accepted
herein: NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in following numbered bids for materials, `
equipment. supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted r
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
2099 ALL TWU C.A 0..E S, $20,000.00
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION ill. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
+ approval, and awarding of the bids, the City Manager or his designated representative is hereby
l authorized to e-ecute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and {
• specified sums contained in the Bid Proposal and related documents herein approved and accepted. ` • •
J I
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,
SECTION_IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION_Y. That this ordinance shall become effective immediately upon its passage and
approval. ;
PASSED AND APPROVED this - day of . _ . - _ . 1497.
JACK MILLER, MAYOR
k ,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
,
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: - -
SL'PPLY.Ow
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DATE: SEPTEMBER 9, 1997
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: BID k 2049 - HEALTH CARE PROGRAM FOR THE MEDICALLY UND£RSERVED
RECOMMENDATION: We recommrnd this bid be awarded to the single rtsponden% TWU C.A.R.E,S,.
in the amount of $20,000.00.
SUMMARY: This bid is for a licensed healthcare provider for the medically uncle served. 51 % or more
of the participants must meet the low-to-moderate income requirements as set forth in CDBG Regulations end
must be residents of the City of Denton. The program includes primary cart, well child evaluations, health
maintenance program, dental care, care of minor chronic illnesses and education on healthful lifestyles. In
addition the program must provide for a safe and appropriate environment for service provisions.
PROGRAMS, DEPARTMENTS-OR GROUPSAFFECTEDt TWU C.A.R.E.S., CDBO Divislon and
City of Denton residents utilizing the program.
FISCAL IMPACT: Funds for this program will be taken from 1996/97 budget funds. Account 4219.05F-
CDFN•9502.
Respectfully submitted:
a a
Assistan Ci Manager of Finance
Approved:
m't m D w, C. r M.
Tide: Purchasing Agent
f s~s.ACCrma
3
•
•
Ap rida No.
Agmda Ite
Date
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DA TE,
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE lacy
and City ordinances; and
WHEREAS, the City Manage; or a designated employee has received and recommended that
the herein described bids are the lowest tesponsible bids for the construction of the public works or
improvements described in the bid invitaty,-.., bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City s Purchasing Agent riled according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
2042 CEI ROOFING, INC. S41,758.00
SECTION 11. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the sward of the bid.
• SECTION W. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance i
with the bids accepted and approved herein, provided that such contracts are made in accordance '
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
1 ,
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SECTION.IV. That upon acceptance and approvrl of the above competitive bids and the
execution of contracts for the public works and improvernents as authorized herein, the City Council
hereby authorizes the expenditure of funds in the maraer and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION-V. That this ordirume shall become effective immediately upon its passme and
approval.
PASSED AND APPROVED th,3 the day of
JACK MILLER, MAYOR
ti
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEOAL FORM:
HERBERT L. PROUTY, CI'T'Y ATTORNEY
BY:
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DATE: SEPTEMBER 9, 199?
CITY.COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: BID M 2092 - REROOFING AT DENTON MUNICIPAL COMPLEX
RECOMMENDATION: We recommend this bid be awarded to the low bidder, CEl Roofing, Inc.,
in the amount of $44,758,00.
SUMMARY; This bid is for all labor and materials necessary in the replacement of approximately
8,600 square feet of roof over the "vision area" of the Denton Municipal Complex. This roof has
had many leaks and is in need of replacement to alleviate maintenance and damage costs.
Notices to bid were mailed to thirty five roofing contractors and bid proposals were received from
six.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Faci[ides Management, Denton
Municipal Complex employees, and citizens using the building.
F]fSCAL IMPACT: Budgeted maintenance funds for roof repair, =;ount number457-032-BLDG-
9718.9101.
Attachments: Tabulation Sheet
Memo from Bruce Henington
Memo from Armko Industries
Respectfully submitted:
Kath e
Assistant City Manr.ger of finance
Prepared b;:
Name: Denise Harpoof r
Title: Senior Buyer
.
s
Ap roved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
MAGMA
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IID1,01E RERDEWMG AT DEMTOM AD%VfTAGL UVFORTH MR-LITL CEI JkJ CJJ,
%RWIFALCOMn" coNTRAcT1NC kwn%c ROOFING wonrG AOM%G Mc,"M11 -
OFE\31TE AL'AGVST 1a, IM
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LASE LID-ROOFAItEAL
TOTAL
ALTEMATt IID NQ I
t\STALL?ILT AL COMG M'LR (LOCK
STONt AROI'MD PtMM iTLR
TOTAL _---ISM-.. 17.M1M _--plfl.b-, fMJM SlifflM _i7.MN -
ALTERNATE LID MQ 7
RIFLA" STA.`NIMG MAM METAL AT
SOlT9 LMtY' = ' "
TOTAL iIJKM-___._ SAM M_, _SI.11LM ____-SIITLM ___SSN.M Si JISSM
ALTERNATE MD NO. J
REFLACL SIETAL MAASIOM JOLT -
r ALUMG NOM MALL -
SNf.M-_II,W.UI-
Ll'AIF 51,11 L1D 1
TOTAL_ StlitM,M-__-103" _ LUUM.M, SM.Mill 30_1111AU41RM
~ lMT qKL MOFOSAI.! _ _ _ _
1. Sp FT RESIOYT A Rt'M_ACL DAMAGED
CO%MtT L DLCAT'VG.f,~~, _S11.M____- _IU_M__.._..._ ,M__ I13.00 L b" •ESIOt'ER1t FLAcS:om mAnD
9AILTRII Pill BOARD FTKM-_.--L&-M-- _ - __U." f1H taSe tE..V -
. L EACH ISSTkU r0tV IF "4"J#OOT DRALW_ aft" SL.100410. 5110.60'.
L L\ R LVTALL FOLI W"41 CAST tMN
ORACI IL\L CO MK LTL WITH AIL
CONNECTIONS, LL BOWL LTC 1_~ . .
KRLMEARR -SU.f1 - SM.M Sam $48.010 Ulm_ "LM.
L 1_f ADDiMALE'OSTOITR&AW11 SaMIILM__.___. -OIL" $JLM130,00, Ulu
TN[ Co~'TIUCT AMT. POA MLLYL'rD '
0IIMtR114ERLQ ESTLDAYTHL '
011 *18.111_ ADDITIONAL COST
FIJI MAN eu t"II-.-- -
ro", D Ytl its ES lt3 1'LS YES
ADOL\Dl1t 1 A 7 _ '
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CITY o! DtM.11W VIEW MUNIVINi BUI1DINa • 215 E McYJNNEY • DENTON, TEYAS 76201
(617) 566.6200 • DEW METRO 484.2629
To: Denise Harpool, Senior Buyir
From: Brura Henington, Facilities Manager
Subject: DMC Roof Renovation
i
Facilities Management staff recommends awarding the roof contract,
bid number 2092 to the low bidder C.B.I. Roofing Inc. We would
also recommend awarding not only the base bid but include alternate
number one and alternate number two. (Total contract amount of
$44,758 with contingency amount of $5,998 for concrete deck and
deteriorated nailers.)
Thanks
i
nice Heningto , C.P. .
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ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE TOWN OF FLOWER MOUND RELATING TO PARTICIPATION
IN THE CITY OF DENTON CONTRACT WHICH PROVIDES FOR THE PURCHASE OF
OFFICE SUPPLIES AND SIMILAR MATERIAL; AND DECLARING AN EFFECTIVE DATE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to execute an Interlocal
Agreement with the Town of Flower Mound relating to participation in the City of Denton contract
which provides for the purchase of office supplies and similar material, a copy of such agreement
is attached hereto and incorporated by reference.
SECTION 11. That this ordinance shall become effective immediately upon its passage and
approval,
PASSED AND APPROVED this the day of .1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
INTt.RLOCAL.OTHER
1 1
51'
` M
.
DATE: SEPTEMBER 9, 3997
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: INTERLOCAL AGREEMENT WITH THE TOWN OF FLOWER MOUND
RECOMMENDATION. Council approve an ordinance for the cooperative purchasing of office
supplies and similar material betwken the City of Denton and the Town of Flower Mound.
SUMMARY: The Town of Flower Mound wishes to enter into this Interlocal Agra;, ent to
authorize participation in the City of Denton contract for the purchase of office supplies and sitailar
material. The Intedocal Cooperation Act, Chapter 791 of the Texas Government Code, grants cities
the authority to enter into Interlocal agreements. Each entity shall act independently regarding actu tl
purchases.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton, Town of Flow er
Mound
FISCAL IMPACT: None
Attachment: Interlocal Agreement
Respectfully submitted:
's L
Kath u
Assistant City Manager of Finance
Prepared by:
Name: Mel ie Harden, A.P.P.
Title: Buyer
t i
A owed:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
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•
•
THE STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL AGREEMENT
This Interlocal Agreement (*Agreement') is entered into to be effective the 18th day of
August, 1997, under and in accordance with the provisions of the Interlocal Cooperation Act,
Chapter 791, Texas Government Code, by and between the TOWN OF FLOWER MOUND,
TEXAS, a political subdivision of the State of Texas (hereinafter 'Flower Mound'), and the
CITY OF DENTON. TEXAS, also a poGdcal subdivision of the State of Texas (hereinafter
'Denton').
Whereas, Flower Mound and Denton mutually desire to be subject to the provisions of
the Texas Government Code, Chapter 791, the Interlocai Cooperation Act, specifically §791.025
regarding contracts for the purchase of goods and services; and
Whereas, Flower Mound and Denton have agreed to the cooperative purchasing of office
supplies and similar material and desire to set forth herein their respective responsibilities,
obligations and rights relative thereto.
NOW THEREFORE, Flower Mound and Denton for the mutual consideration hereinafter
stated, agree end understand as follows:
1. Coooervtive Archminrt
a. It is understood and agreed that Denton currently has a contract for goods and
services with BT Office Products, for which Denton competitively bid and awarded same under
the laws of the State of Texas.
b. This Agreement shall be in full force and effect for the duration of the contract
between Denton and BT Office Products unless this Agreement is terminated by either party
upon thirty (30) days written notice to the other if deemed to be in the but interest of the
municipality.
C. Flower Mound and Denton intend that the entity, in receiving products and/or
services specified in this Agreement, shall act as independent purchase and shall have control
• of its needs and the manner in which they are acquired. Neither Flower Mound or Der.tun, their
agents, employees, voluntm help, nor any other person operating under this Agreement, -hall
be considered an agent or employee of the other and shall not be entitled to participate in a,,,y
pension plans or other benefits that each entity provides to its employed.
d. Flower Mound and Denton agree that the ordering of supplies and materials
• purchased through this Agreement shall be the individual responsibility of each and that the
successful bidder shall bill each participating municipality directly for the goods, services or f •
materials ordered by it. I
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e. In dw event Oat any dispute wises between an individual municipality and the
successful bidder, the same shall be handled between the two disputing parties.
F
L Each participating government shill be liable to the successful bidder only for
supplies or materials ordered and m rived by it and shall not, by the execution of this
Agreement, assumes any additional liability.
2.
a This Asrecmad exprimes the entire agreement between the patties hereto
regarding the sabJWt matter M twined be= and my not be modified or amended except by
written agreement duly executed by both parties
b, The AVeemeht had been duly and properly wpoy by each party's governing
body and constitutes a bindles obliption on oath party.
C. This Agreement shall be construed in aocordance with the laws of the State of
Texas and venue for all purposes hereunder shall lie in Denton County, Texas.
d. If any provision homf is dewmined by nay court of competent Jurisdiction to
be invalid, illegal or unenforceable, such provision #au be fully severable berefrom and the
Agr>ecrowt shill be construed sad enforoed as if such invalid, JUM9 or wte►foromble provision
never comprised a part hereof, cad the remaining pmvislons shall omtLnue in full [once and
effect.
e. This Agreement is not Intended to extend the lability of the parties beyond that
provided by law. Neither Flower Mound nor Denton waives any Immunity or defense that
otherwise would be available to it splnst claim by third parties.
}
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tNTFRf Mai GREEb= Page Z
_ 'e ~,•Y "'Ss, f l.7 S i~''i,l ~.~":.l Jt"ylfr ~ . E{i } J_r . r0-° yr-~~ 3'`~~'A1 ,Q :~k+;~M•/C 6.12. ,
iqq~~ ~i
APPROVED BY THE TOWN COUNCIL FOR THE TOWN OF FLOWER MOUND,
TEXAS, in its meeting held on the 18th day of August, 1997, and executed by its authorized
representative.
TOWN OF FLOWER MOUND
By:
c , interim Town Manager
ATTEST:
Paula Lawrence, City Secretary
APPROVED AS TO FORM:
Terrence S. W ch, Town Attorney
APPROVED BY THE CITY COUNCIL FOR THE CITY OF DENTON, TEXAS, in
its meeting held on the day of 1997, and executed by its
authorized representative.
CITY OF DENTON
By:
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney t-
Page 3
s '
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Agenda Ho.
Agenda Item SS
ORDINANCE NO.. Date
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE
WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or
payment by the City in an amount exceeding $15,000 be by competitive bids, ^ tcept in the case of
public calamity where it becomes necessary to act at once to appropriate money to relieve the
necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public
health or safety of the citizens of the city, or in case of unforeseen damage to public property,
machinery or equipment; and,
WHEREAS, the City Manager has recommended to the City Council that it is necessary to
purchase goods or services due to the following emergency conditions outlined in the memorandum
attached hereto as Exhibit "A", incorporated herein by reference; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S£CTIONI. That the City Council hereby determines that there is a public calamity that makes
it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve
the property of the city, or to protect the public health of the citizens of the. city, or to provide for
unforeseen damage to public property, machinery or equipmem and by rewn thereof, the following
emergency purchases of materials, equipment, supplies or services, as described in the "Purchase
Orders" attached hereto, are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
1 77$07 BCI MECHANICAL, INC. S 50,000.00
• SECTION 11. That because of such emergency, the City Manager or designated employee is
hereby authorized to purchase the materials, equipment, supplies or services as described in the
attached Purchase Orders and to make payment therefore in the amounts therein stated. such
emergency purchases being in accordance with the provisions of state law exempting such purchases
by the City from the requirements of competitive bids.
J
1
~ r~
SECTION III. That this ordinance shall become effective immediately -jpon its passage and
approval.
PASSED AND APPROVED this the day of 1991.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY. CITY AITORNEY
BY:
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•7 "f "rCc.~^~y ~7,~1~,
DATE: SEPTEMBER 9, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DUBosc, Assistant City Manager of Finance
SUBJECT: EMERGENCY PURCHASE ORDER NUMBER 77507 - BCI MECHANICAL,
INC.
RECOMMENDATION: We recommend this emergency purchase order to BCI Mechanical, Inc.,
in the amount of $50,000,00, be approved for payment.
SUMMARY; TI its purchase order is for the emergency replacement of the H VAC system at the City
of Denton Service Center. Facilities Management has determined the system to be irreparable and
recommends the 40 ton unit be replaced. This will avoid possible environnwntal contamination due
to leaks formed in the coils.
This purchase is exempt from the bid process due to the threat to public safety (Chapter 252 of the
Texas Local Government Code).
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Service Center Employees and
Citizens of Denton.
FISCAL IIMPACTt Budgeted funds for Water/Wastewater Administration; account number 610-
105.1051-8301-9300.
Attachmenw Purchase Order #71507
Memorandum from Lee Riggs to Hownrd Martin
Quotation from B.C1 Mechanical
Respectfully submitted:
t
Ka Dub e
Assistant City Manager of Finance
Prepared by:
Name: Denise Harpool r
Title; Senior Buyer
~ i
' Approved:
• Name, Tom D. Shaw, C.P,M,
Title: Purchasing Agent ,
37f.ArMA
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TEXAS
pWaoS*4 WSSM 9001 0 ~~S rS~f I CONTTOR TEXAS 76201-4354
9401349-7100 O1FW METRO 8171267-0042 FAX 9401319-7302
-VENDOR SCI MECHANICAL INC
NAME) 400 E. OAK STREET DELIVERY CONFIRMATION ONLY C61
ADDRESS ADDRESS UTILITY ADM WATER/WASTEWATER
DENTON TX 76201 SERVICE CENTER
901 8 TEXAS ST
DENTON, TX 76201 r
YENDOR NO. BUR65000 DELIVERY OUOTED 09 Ol 97 FO8 DESTINATION SUPER DH TERMS
1001 5J000.00 IS VENDOR CAT. 1 N / A NF0 MANE 1.000 50,000.00
CITY 1 93610
ENEROENCY PURCHASE ORDER FOR REPAIR OF THE HVAC SYSTEM AT
THE CITY OF DENTON SERVICE CENTER
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OR MD TOTAL t 50,000.00
of 610 105 1051 9350 8301 500000.00
Y4M0 NSTAIXTOU, 3 lefts • Net 10 sW°• w~.+l
1. SeW WOW kvnks Wirt 60KA a W0. ; 4. Sry~ imrrcwes F oa r"Na t. IN"" Mr,........ "6.41
2. m w Accwnd PwAk ! S. Me braes of $we s/es Ise " k w4le4r4
111 1. Ake7 ' k r Prices low a «wf
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215 E AkKrNNEY s DEN MW TEXAS 7620t
(817) d6"M o DfW METRO dN.2!29
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MEMORANDUM
{
TO: Howard Kartin, Director of Environmental Services/Utility
administration
t FROM: Lee Riggs, facilities Technician
1 DATES August 27, 1997
SUBJECT: A/C unit
During the recent service of the HvAC system at the Service Center
performed by RCI there are signs of refrigerant leaks in the coils
of the 40 ton unit that serves the upstairs area.
This is the fourth time that leaks have formed in the coils. They
most likely will continue to occur. Due to the age of the
equipment and the history of compressor failure with this unit, it +
is irreparable and we need to replace the entire unit instead of
the coils only.
i
This should be addressed as soon as possible before the leaks +
increase and we come into violations of the Clean Air Act by losing
refrigerant into the atmosphere.
t
Lee Riggs, Fec i ea Technician
3805.fm
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`Dedlcared re Ovalln•.Senieu" ti
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E BCI MECHANICAL, INC. goo E. CAI nun
DOMN. TEXAS 76201
(it1} MS-1010
9/03/97 TACL A003013C
M 9673
Attns Mr. Tom Shaw
City of Denton Purchasing Dept.
901-9 Texas St.
Denton, Tx. 76201
(817) 349-7100
Res Service canter HVAC Repairs
Dear Tom,
We have looked at replacement of the existing Trans rooftop
variable air volume coolJng unit, currently serving the 2nd floor
of the service center.
Based on preliminary pricing, I expect the cost of replacement It 1~
will run around $50,000.
We are currently obtaining costs and availability of units from
various manufacturers. A Carrier unit is available at the
factory, and we have requested it be held for 24 hrs.
I expect to have completed pricing, availability, and options
information to you tomorrow.
.lease call if I can answer any questions. We appreciate your
consideratiosi of our firm. Thank you.
Very truly yours,
anklin N. ingha3
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►LUM M HBATM AIR COMM"
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Agenda No.
0-Agenda ice 5
ORDINANCE NO. Dale
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF
MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 252.022 of the Local Government Code provides that procurement of hems
that are only available from one source, including: items that are only available from one source
because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books;
electricity, gas, water and other utility purchases; captive replacement parts or components for
equipment; and library materials for a public library that are available only from the persons holding
exclusive distribution rights to the materials; need not be submitted to competitive bids; and
WHEREAS. the City Council wishes to prvcurc one or more of the items mentioned in the above
paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following purchases of materials, equipment or supplies, as described in
the "Purchase Orden" attached hereto, are hereby approved:
,
PURCHASE
ORDERNUMBER VENDOR AMOUNT
77185 AMERICAN MANAGEMENT SYSTEMS, INC. $95,475.00
SECTION ll. 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 %ith all requirements specified by the Purchasing Department
i
SECTION 111. That the City Manager is hereby authorized to execute any contracts relating to
the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby
authorized.
+ •
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SECTION 1Y. That this ordinance shall become etler'''. .-joediately upon its passage and
approval.
PASSED A','" , ,%u NED this the of
1997
JACK MILLER, MAYOR
r
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY. - -
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CI'T'Y ATTORNEY
BY
SOLESOURCE
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DATE: SEPTEMBER 9, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: PURCHASE ORDER k 77185 - AMERICAN MANAGEMENT SYSTEMS, INC.
RECOMMENDATION: We recommend Purchase Order # 77185 to American Management Systems, Inc.
(AMS) be approved in the amount of S95,475.00.
SUMMARY: This purchase order is for the sole source acquisition of maintenance support of the AMS
ADVANTAGE Financial Software license. This mainframe applied software drives our financial and
accounting system as well as associated subsystems such as Purchasing. Inventory Control anod lob Cost
Accounting,
This support package includes new enhancements, documentation updates, hotline support and active
involvement in Users Group:
Payment of the attached invoice will assure maintenance support and assistance in our effort to bring our
Financial Software and subsystems into year 2000 compliance.
PROGRAMS, DEPARTMENTS-OR GROUPS AFFECTED: Finance Department, Information Services
Purchasing and Inventory.
FISCAL IMPACT: Funds for this maintenance agreement are included in the Information Services
Division 1996/97 budget. Account M 100-044-0080-SS21.
Attachments: Purchase Order # 7718$
AMS Invoice NONP2528
Respectfully submitted:
a
K0, u
Assist C Manager of Finance
f Approved:
aria: Tom
Title: Purchasing Agent
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CITY OF DENTON TEXAS
p1poocINO DIVISKIN 1901-! TEXAS SIMI I moTOF1 TEXAS 76201-4354
940/349-7100 DfFW kE1110 8171267-0042 FAK 9401349-7302
DOR AMERICAN MANAGEMENT SYSTEM
/ 4050 LEGATO RD DfttVERf CONFIRMATION ONLY C11
AW E0 INFORMATION SERVICES
FESS v
PAIRPAE VA 22031 601 E HICKORY
DENTON# TE 16205
1EYD011 NO. ANE42000 OELK" OUDM 08 30 97 FOE DESTINATION BUTEA T9 TERMS
MAMBO= Am,
I1 95475.00 {0 VENDOR CAT. I N / A MPG NAME 1.000 951475.00
CITY 1 20556
LOPS MAINTENANCE PEES FOR AUG. It 97 THRU JULY S1# 1999
P k08 TOTAL t 951475.00
OR MD TOTAL f 95,475.00 _t.
100 044 0080 8521 95,475.00
11Mmn ISM ?6 ww.'~" au r.+.u
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Dom Wiliam Jurr 24. 1997
Gtv of Dentom Protect No: P2649 - < _ -
215 EMcRwmey lnwaoo Na: 009P2526 -
Denton- TX 76201 Tape No: I of 1
IMOICE
ADVANTAGE Foanosl Ma'rmtemamce Fey for August 1. 1997 1lwouph JL#v 31, 1998
same SYaarn $41.923.00
JZVAMTAOE D"bwp 17.500.00
ADVANTAIECI $15,500.00 - -
1 .
4tendNPtath"b" $14,250.00
k"" rY Caw M 110.600.00
Job Coca A vvrr*t,7 a:,500.P0
beeroe oral 195.473.00
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Me** "Iran -
FinynClal ACmf%gvstor - -
PLEASE NOTE: PAYMENT DUE UPON RECEIPT.
Reap mike renuTtance psymOt to: Amahc&m Manapemnt Systems. 1M. .
IDa not Include conyponOaKor P.O. so: 101045 .
Atlanta, OA 30392
Pef. Mr. /00"1628
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MY of DENT^ 79J(" M.UVOPAL BUILDING 215 E WKlNNEY • DEN" TEXAS 7820}
(817) 566.8200 • DFW A!ETRO 434.2528
MEMORANDUM
DATE: September 5, 1997
TO: Rooorabie Mayor and Members of the City Council
FROM: K E. Nelson, Executive Director '
SU83: Ma)hip Rod Property Purchase
The proposed purchase of approximately one acre from Robert Doa elly is needed to
accommodate the widening and realignment of Mayhil9 Road. The realignment and
widening of Mayh W wiD also address issues associated with the expansion of the existing
landfill and resulting truck traffic entering the landfill site.
T'66 4ltaehed ordinance relates to the purchase of the subjoct one am parcel The And
contract is stM under review by the City Attorney's office and wiD be delivered to the
Council prior to the council meeting on Tuesday, September 9, 1997.
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ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE }
CONTRACT WHEREIN THE CITY OF DENTON, TEXAS PURCHASES A CERTAIN ONE ;
ACRE TRACT of LAND SITUATED ADJACENT TO MAYHILL ROAD, BEING PART OF -ABSTRACT 64619FORSTHE FE TRACT IN THE UTURE WIDENING OF MAYHILL ROADY ~ AND ESTABLISHING
ER
OPTIONS FOR THE ACQUISITION OF ADDITIONAL REAL PROPERTY AS MAY BE r
REQUIRED; THE CITY MANGER TO ECUTE ANY AND L
DOCUMENTS NECESOSARY TO CONSUMMATE THE PURCHASE F REAL PROPERTYAIN t
ACCORDANCE WITH SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AUTHORIZING THE ESTABLISHMENT OF A SINKING FUND THEREFOR;
AND PROVIDING FOR AN EFFECTIVE DATE.
f
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a Real Estate contract by and between the City of Denton as
purchaser and Robert P. Donnelly, as seller, a copy of which
contract is attached hereto and incorporated by reference herein.
SE Tom I. That the City Manager is hereby authorized to
execute any and all documents necessary to consummate the purchase
of real property in accordance with said Contract.
cECTION That the City Council hereby authorizes the
expenditure of funds as provided in the Contract, as well as the
establishment of is sinking fund providing for the possible exercise
of any option contained in said Contract.
AZCTioN 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
i Y
0 BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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BY:
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Agenda No.
Agenda Ite
Cate
OFFICE OF TIDE CITY ATTORNEY
MEMORANDUM
TO: honorable Mayor and Members of the City Council
FROM. Michael S. Copeland, Assistant City Attorney
SUBJECT: Consideration of Amendment No. 2 to the Agreement Between the City of
Denton and Texas Utilities Electric Company - One Year Extension of Existing
Street Rental Agreement with Texas Utilities Electric Company
DnTE: August 28, 1997
11w City Attomey's office, at the direction of the City Manager, has prepared the above-
referenced Agreement No. 2 to the Agreement Between the City of Denton and Texas Utilities
Electric Company ("TU"), which extends the original street rental agreement entered into in
1987 (and later amended in 1993) by and between the City and TU. The extension provided for
in the Agreement is for an additional one-year period. The Agreement currently in effect expires
on September 30, 1997,
TU's initial proposal in January, 1997 was to extend the existing Agreement, as previously
amended, for an additional fifleen years, expiring on September 30, 2012. The City Attorney's
office and the Utilities Department recommended that consideration of the extension of this
Agreement be put aside until the recent legislative session had concluded. Before acting upon
the offered fineen-year extension, we wanted to determine whether or not any form of electric
deregulation legislation or similar legislation would be passed, which might detrimentally affect
the Denton Municipal Electric Utility. The City Attorney's office and Utilities Department have
recently discussed whether or not such a lengthy term of extension would be advantageous to the
City, considering all factors, Considering expected electric deregulation issues and other likely
important issues dealing with the successful survival of the Denton Municipal Electric Utility,
we believe that only a brief extension of the existing Agreement should be entered into.
• The City Attorney's office, working at the direction of the City Manager, and teaming with the
I Utilities Department, expects to enter into negotiations with TU for a comprehensive franchise
j agreement, not merely a street rental agreement, in the next few months, during the term of the
I extension. We will ancm,•! to achieve an agreement as advantageous as possible for the citizens
i of Denton and for the Denton Municipal Electric Utility. With electric deregulation looming in
! our immediate future, we want to structure our dealings with TU, recognizing that TU is not just
a provider of electric service to a part of the city, and not merely a source of street rental reve- •
rue, but is a serious competitor to the Denton Municipal Electric Uollty.
In accordance with ¢13.02 of the Denton City Charter, the approval of this amended Agreement
will be considered at two City Council meetings in the month of September, 1997,
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,
Honorable Mayor and Members of the City Council
August 28, 1997
Page 2
Should you have any questions before the Council meeting on September 2, 1997, please call me
at 349-8333. I will also be in attendance at the September 2, 1997 executive session to brief you
and answer any questions which you migbt have on this matter at that time.
ad A rij
ichael S. C
MSC:sf
cc: Ted Bertavkks, City Manager
Robert E. Nelson, Executive Director for Utilities
Kathy DuBose, Executive Director of Finance
Sbaron Mays, Director of Eledric Utilities
Jennifer Walters, City Secretary
# 0
TADOCSCMrJ SMEV MWAL MEW
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SECOND
AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON
AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR
FOR AN ADDITIONAL ONE YEAR PERIOD; FINDING AND DETER.MTNING THAT THE
TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC
AS REQUIRED BY LAW; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC
COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE.
WHEREAS, Texas Utilities Electric Company (hereinafter tailed "Company") is
engaged in the business of providing electric utility service within the City of Denton
(hereinafter called "City") and is using the public streets, alleys, grounds, and rights-of-ways
within the City for that purpose under the terms of an Agreement, approved by Ordinance
Number 87-186 duly passed on October 20, 1987, and thereafter amended by Amendment
Number One to the Agreement Between the City of Denton and Texas Utilities Electric
Company, approved by Ordinance No. 93.133 duly passed on July 27, 1993; and
WHEREAS, the City and Company desire to amend said Agreement as amended by said
Amendment Number One to extend the term of said Agreement for an additional one year
period; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute Amendment Number Two
to the Agreement between the City of Denton and Texas Utilities Electric Company for the use
of City streets, which is attached hereto as an Exhibit "A" and incorporated by reference herein.
SECTION II. That it is officially found and determined that the meetings at which this
ordinance is passed are open to the public as required by law and a public notice of the time,
place, and purpose of said meetings was given as required by law.
• JECTION 111. That the City Secretary is hereby directed to affix a copy of this ordinance
to Ordinance Number 87-186 and inscribe thereon the notation that the Agreement has been
amended a second time with the adoption of this ordinance.
$E!;TION IY. That this ordinance shall take effect immediately from and after its
passage, publication and acceptance by Company in accordance with the provisions of the
• Charter of the City of Denton and is accordingly so ordained. - • •
J SECTION V. That Company shall, within twenty-one (11) days after the passage of this
orrl?nance, file in the office of the City Secretary of the City of Devon Texas a written instrument
. fined and acknowledged by a duly authorized officer, in substantially the following form:
3
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(a) To the Honorable Mayor and City Council of the City of Denton
The Grarnee, Texas Milities Electric Company, ado by and though the
undersigned authorized officer, hereby accepts Ond'uunce No. ezterding
the term of the existing Agreement with the City of Denton
TEXAS unit TIES ELECTRIC COMPANY
By:
Senior Yrce Residers
ATTEST:
Secretary
Exec Aed this the day of .1997.
(b) The acceptance shall be duly acknowledged by the person executing the
same. In the event the acceptance is not filed within the twenty-one (21) day period,
this ordinance and the rights and privilege hereby granted shall tarinate and
become null and void
(c) The City Secretary shall cause a notice of the passage of this ordinancs fairly
stating the substance hereof to be published once each week fa two (2) oonseartive
weeks in the official newspaper of the City of Denton, Taus. The Company shall
pay the costs of publication of such notices.
PASSED AND APPROVED this the day of
1997,
r
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY '
BY:
PAGE2 n
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY~
The City of Demon, Texas, acting herein by its duly constituted authorities, hereby
declares the foregoing Ordinance passed on first reading on the day of
> 1497, and finally effective as of the day of
1997.
lack Miller, Mayor Euline Brock, Council Member
Roni Beasley, Council Member :Nike Cochran, Council Member
Neil Duff ance, Council Member Sandy Kristoferson, Council Member
Carl G. Young, Sr,, Council Member
The above and f,)regoing ordinance read, adopted on fast reading and passed to second reading
by the following votes, this the day of , 1997, at a regular
session of the City Council.
Jack IstiHer, Mayor, voting
• Euline Brock, Council Member, voting
,r
Roni Beasley, Council Member, voting
Mike Cochran, Council Member, voting _
• Neil Durrance, Council Member, voting t ! •
Sa-,ey Kristoferson, Council Member, voting _
Carl G. Young, Sr., Council Member, voting
PAGE 3
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r, , , is ~ t 77' ~ i} r ~ ,l
' ^ f , . . 1 •\_ta' Jv \L ~1t i '1~'Y lt`/ f1 ~ ~ _
,i-
aci\
. R:,-t' f;:'i%~A:.'i~LYn1'I]30N.Yr<~CIWiF.sMlie.a.+wn. •-.•~.--~tirrawr•r.r~~~w ~,iwwwr.~r.~,w.Y.iwrrJ.~ The above and foregoing ordinance read, adopted on second reading
and passed by the following
votes, this the day of _ 1997, at s regular session of the
City Council.
Jack Miller, Mayor, voting
Euline Brock Council Member, voting
Roni Beasley, Council Member, voting _
Mike Cochran, Council Member, voting
Neil Durrance, Council Member, voting
Sandy Kristoferson, Council Member, voting
Carl G. Young, Sr., Council Member, voting
STATE OF TEXAS §
§
COUNTY OF D£NTON §
I, Jennifer Walters, City Secretary of the City of Derttm Texas, do hereby certify that the
above and foregoing is a true and correct copy of the Anertdment Numba Two to the
Agreement Bdween the City of Denton and Texas Utilities Electric Company pertaining to street
rental, as indicated herein. The same is now recorded as Ordinance Number in the
Ordinance Records of the City of Denton, Texas.
WITNESS MY HAND this the day of 01997.
y
Jennifer Walters, City Secretary
(SEAL)
PAGE 4
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AMENDMENT NUMBER TWO TO THE AGREEMENT BETWEEN
THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY
WHEREAS, Texas Utilities Electric Company (hereinafter called "Company") is
engaged in the business of providing electric utility service within the City of Denton
(hereinafter called "City") and is using the public streets, alleys, grounds, and rights-of-way
within the City for that purpose corder the terms of an Agreement, approved by the City Council
of the City of Denton, Texas in Ordinance No. 87-186, duly passed on October 20, 1987; and
j thereafter amended by Amendment Number One to the Agreement Between the City of Denton
and Texas Utilities Electric Company, approved by the City Council of the City of Denton,
Texas in Ordinance No. 93.133, duly passed on July 27,1993; and
WHEREAS, the Agreement, as previously amended terminates on September 30, 1997;
and
WHEREAS, the City and Company desire to amend said Agreement, as amended by said
Amendment Number One, to extend the term of said Agreement for an additional ore-year
period; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
CTIO 1, That Section 10 of the Agreement is hereby amended to read as follows:
10. This Agreement shall terminate on September 30, 1998.
SECTION 2. That in all respects, except as specifically and expressly amended by this
document, the said Agreement heretofore duly passed by the City Council of the City of Denton
3
Texas and duly accepted by Company, and as amended by Amendment Number One to said
• Agreement heretofore duly passed by the City Council of the City of Denton, Texas and duly • •
accepted by Company shall remain in full force and effect.
EXHIBIT "A" n
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...::::asS4^.vuaccwa'a.,:.:.~.w.r.+w.~....w+..,.d...+~,...........,... s r. '.EXECUTED in duplicate original countaparts this the day of
1997.
CITY OF DENTON, TEXAS
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
{
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
I
BY:
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TEXAS UTILITIES ELECTRIC
COMPANY
BY:
r, SENIOR VICE PRESIDENT 110,
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' ATTEST: v'
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VDXSWTU SMET RENTAL AAWNDMWt 'i. j
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Page 2
Agenda No,~
Agenda Item
Date - ,
CITY COUNCIL REPORT
TO: Mayor and Members of City Council
FROM: R.E. Nelson, Assistant City Manager for Utilities
DATE: September 9, 1997
f
SUBJECT: APPROVAL OF AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
WITH THE LAW OFFICES OF JIM BOYLE; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
RECOMMENDATION:
Siff recommends approval of a contract for professional legal services with the Law Offices of
Jiro Boyle for assisunce during the interim period before the start of the 76' Regular Session
of the Texas Legislature in January 1999. The contract is not to exoeed $3,000 per month for
a tool of sixteen months.
SUMMARY:
"ontimsed representation by Jim Boyle during the interim period of the Texas Legislawn is
necessary to insure that the City of Denton effectively participates in the negotiations
concerning Legislation for deregulation of the electric industry. Mr. Boyle's work will most
likely involve costs up to $10,000 per month. However, the City of Garland has Indicated a
willingness to pay for half of this cost. The City of Denton will need to contract for up to
$5,000 per day.
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BACKGROUND: !
The City of Denton was extremely active during the last session of the Texas Legislature with
respect to ekctric deregulation legislation. Toe City of Denton made comidenb,e progress in
explaining to key Legislators the danger electric deregulation • whhow sufficlent recovery of
suande7 costs - posed to the City of Denton's financial health. The key proyWons of ektuic • •
deregulation legislation will probably be decided by way of agreements between major
sukeholders, regulators, and legislators during the interim period before the 76' Regular
Session begins in January 1999. As you know, the I.I. Governor has already appoittted to
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I~erim Conuaium on F.kruic Restructuring. The Committer will bold its first alerting on
Sepoanber r, 1997,
The LAW Offkts of Jim Boyle can provide Legal and legislative assistance to the City of
Denton to L=m continuing commrtnication with key legislators, by preparing pubiicadom for
legislators and other stakeholders, by PrVarint and reewuneoding legislative proposah, %
negotiating with posential opponents, etdistirv and coordinating other munkilWities wbo may
be adversely affected by retail coWetitiott, preparing periodic reports for the City Council,
and working with technical experts in prepa-ing documents to support the City's proposals. :
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PROGRAMS, DEPARTMENPS, OR GROUPS AFnML:
The Electric Utility will ftmd the cow usocimod with this contract. Derepatioo kgislatioa
will affect the Electric Utility, the City of Denton, aod its cituemJrasepaytss.
FISCAL FACT: w
The cotrtra" is limited to 580,000. The foam W magiicadom of electric deregulation for the
City will be signi8cam.
RESPEC FUUY SUBMITTED:
R.E. Nelson -
Assistant City Mamger for Utilities
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ORDINANCE NO.
OFEXECUTE FICES OFN AGREEMENT
FOR JIM BOYYLEE;
FOO PROFEESSSIONAL LEGAL SERVTHE CITY ICE: WIT}I THE LAW TO
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
THE C6U-..CIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute an Agreement for Professional Legal Services with the Law
Offices of Jim Boyle regarding various legal and legislative
matters related to the City of Denton and the Denton Municipal
Electric Utility, a copy of which Agreement is attached hereto and
incorporated herein.
SECT ON ii. That the expenditure of funds as provided in the
attached Agreement is hereby authorized.
sECTION_III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
•
APPROVED AS TO LEGAL FORM:
HERBERT L. PROM, CITY ATTORNEY
BY: V
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AGREEMENT FOR
PROFESSIONAL LEGAL SERVICES
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and catered into this day of . 1997, by
and between the Law Office of Jim Boyle, with Jim Boyle having fill authority to execute this
Agreement, 1005 Congress, Suite 550, Austin, Texas 78701, hereinafter referred to as "Consultant",
and the City of Denton, Texas, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas
76201, hereinafter referred to as "City".
WITNESS
WHEREAS, the City needs to employ legal counsel to represent the City of Denton in
certain legislative and legal matters relating to the City of Denton Municipal Utilities; and
WHEREAS, the Consultant is willing to perform such services in s professional manner as
an independent contractor; and
WHEREAS, the City desires to engage the Consultant to render the services in connection
therewith, and the Consultant is willing to provid: such services:
NOW, THEREFORE, in consideration of the promises and mutual obligations set forth
herein, the parties hereto do mutually AGREE as follows:
1. &M of See 4M The Consultant shall perform the following senesces in a professional mmner
working as an independent contractor not under the direct supervision and control of the City:
A. Services to be provided:
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I. Consultant will provide, without limitation, all those services set forth in
Exhibit "A" made a part of this Agreement for all purposes; and shall attend
all legislative hearings, contact key legislators and legislative staff as
required.
• 2. To consult with the City Manager, Executive Director of Public Utilities,
Director of Electric Utilities, City Attorney, and designated administrative
t personnel regarding any and all aspects of the special services to be
•J perforated, including legal research and advra with respect to such mutters.
This will include coordinating with the Executive Director for Public
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Utilities, the City Attorney, and their staff to efficiently perform the services
required and communicate the City's legislative programs or issues to other
interested parties or legislators only to the extent necessary to advance the
City's legislative agenda.
3. To provide monthly mitten status reports to the City; and more frequem iy,
interim reports by telephone and facsimile on time-sensitive matters.
B. The Consultant shall perform all the services required by this Agreement in a timely
fashion, and shalt complete same in compliance with any schedules established by
the City through its Executive Director for Utilities, as appropriate to carry out the
terms and conditions of this Agreement
H. It= The services of Consultant shall commence upon the execution of this Agreement for
a term of sixteen (16) months, from September 1, 1997 until the expiration of the term of this
Agreement on December 31, 1998. This Agreement may be sooner terminated by cither party in
accordance with the provisions hereof. Time is of the essence of this Agreement, and the Consultant
shale make all reasonable efforts to complete the services set forth herein as expeditiously as powibk
and to meet the schedules established by the City, through its Executive Director for Utilities.
[it. Comptass ion aad Mettod of Payment,
A. fhe Consultant shall be paid the sum of $5,000 per nt:nth for each month that this
Agreement is in force and effect The City reoognizes that the payment of a monthly
retainer foe for ConsuluuA's services in the areas of wort covered by this Agreement,
rather than an bourly fa, is the usual and customary method of compensation for
such professional services. The Consultant agrees that all expenses incurred by
Coitsultant in connection with this engagement shall be borne by Consultant with the
sok exception of reasonable and necessary out-of-town travel expenses incurred by
Consultant while representing the City. The total compensation to be paid to
Consultant under this Agreement shall not exceed $80,000, exclusive of out-of-town
travel expenses.
B. The Consultant shall utilize his best efforts in representing the City's interests, and ,
may, from time-to-time, as reasonably necessary or appropriate, delegate tasks to be
performed within the Scope of Work of this Agreement, by utilizing qualified
principals, associates, legal assistants, or subconsultants. The Consultant shall bill
the City through the submission of a monthly invoice and other documentation,
• together with support data, including the status reports referenced in Section I.A.3. • •
and details of services rendered, along with any reasonable and necessary out-of-
town travel expenses incurred.
C. Additionally, the City shall either pay directly or reimburse the Consultant, as the
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case may be, for reasonable and necessary out-of-town travel expenses. Consultant
shall be responsible for and pay all other out-of-pocket expenses incurred by
Consultant in performing this engagement.
D. Upon completion of services fora month's work performed hereunder, the City shall
make payment to the Consultant within thirty (30) days of the satisfactory
completion of services for the given month's work and receipt of an invoice or
statement The parties anticipate invoices or statements for services will be gemmed
on a monthly basis and that said invoices or statements will be sent to the City on or
about the 15th day of each month. All reimbursable expenses, which are limited to
reasonable and necessary out-of-town travel expenses shall be paid at the actual cost,
pursuant to the terms and conditions hereinabove set forth. All invoices and bills
shall be approved by the Executive Director for Utilities and the City Attorney.
E. It is understood that the Consultant shall work under the coordination and general
supervision of the Executive Director for Utilities and the City Attorney.
F. All notices, invoices, and payment shill be made in writing and may be given by
personal delivery or by nail. Notices, invoices, and payments sent by mail shall be
addressed to: Herbert L. Pro-Ay, City Attorney, 215 E. McKinney, Denton, Texas
76201; or to the law Offices of Jim Boyle, 1005 Congrm Suite 550, Austin, Texas
78701. When so addressed, the notice, invoice, and/or payment shall be deemed
given upon deposit in the United States Mail, postage prepaid. In all other instances,
notices, invoices, and/or payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the respomble
person or oflice to whom notices, invoices, arWor payments are to be sent, provided
reasonable notice is given.
IV, P.Lgft"I a) Corn eva.
A. The Consultant agrees that in the performance of these professional services,
Consultant shall be respons'ble to the level of competency and shall use the same
• degree of skill and care presently maintained by other practicing professionals
performing the same or similar types of work in the State of Texas. For the purpose
of this Agreement, the key person wfio will be performing most of the work
hereunder shall be Jim Boyle. However, nothing herein shall limit Consultant from
using other qualified and competent members of Itis firm to perform the services
required herein, where no harm or detriment will result to the City's interests.
B. Pleadings, motions, orders, notices, instruments, discovery documeents, reports, and
other legal documents prepared or obtained under the terms of this Agreement are
instruments of service and the City shall retain ownership and a property interest
therein. If this Agreement is terminated at any time for any reason prior to payment
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to the Consultant for work under this Agreement, all such documents prepared or
obtained under the term of the Agreement shall upon termination be delivered to and
become the property of the City upon request and without restriction on their use or
further compensation to the Consultant
V. Establishment and Maintensoce of Records: Full ar+.d accurate records shall be mainWned
by the Consultant at his place of business with respect to all matters covered by this Agreement.
Such records shall be maintained for a period of at least three years after receipt of final payment
under this Agreement.
Vl. AaQits rod hispeEdn: At any time during normal business hours and upon reasonable notice
to the Consultant, there shall be made available to the City all of the Consultants records with
respect to all matters covered by this Agreemrnt The Consultant shall permit the City to audit,
examine, and make excerpts or transcripts from such records, and to make audits of contracts,
invoices, materials, and other data relating to all matters covered by this Agreement
VII. Aeco is mat of Pro lW: The Consultant shall commence, canyon, and complete any
and all projects with all practicable dispatch; in a sound, economical and efficient matter, and, in
accordance with the provisions hereof and all applicable laws. In accomplishing the projects, the
Consultant shall take such steps as are appropriate to insure that the work involved is properly
coordinated with related work being carried on in the City.
Vill. todemaity and ladmadent Coxtraetor Relatiooa>ttn:
A. The Consultant shall perform all services as an independent contractor not under the
direct supervision and control of the City. Nothing herein shall be construed as
creating a relationship of employer and employee between the parties. The City and
Consultant agree to cooperate in the defense of any claims, actions, su?ts, or
proceeding of any kind brought by a third party which may result from or directly or
indirectly arise from any negligence andabr errors or omissions on the part of the
Consultant, or from any breach of the Consultant's obligations under this Agroernent
In the event any litigation or claim is brought under this Agneema.t in which City is
joined as a party, Consultant shall provide sunabie counsel to defend City and
Consultant against such claim; provided however, that the Consultant shall have the r
right to proceed with competent counsel of his own choosing. The Consultant agrees
to defend, indemnify and hold harmless the City and all of its officers, attorneys,
agents, servants, and employees against any and all such claims to the extent of
coverage by Consultant's professional liability policy. The Consultant agrees to pay
• all expenses, including but not limited to attorney's fees, and satisfy all judgments • •
which may be incurred or rendered against the Consultant's professional liability
insurance policy. Nothing herein constitutes a waiver of any rights or remedies the
City may have to pursue under either law or equity, including, without limitation, a
cause of action for specific performance or for damages, a loss to the City, resmdting
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from Consultant's negligent errors or omissions, or breach of contract, and all such
rights and remedies are expressly reserved.
B. Consultant shall maintain and shall be caused to be in force at all times during the
term of this Agreement, a legally binding policy of professional liability insurance,
issued by an insurance carrier approved to do busies in the State of Texas by the
State Insurance Commission, which cagier must be rated by Rest Rated Carriers,
with a rating of "A= ` or higher. Such coverage shall cover any claim hereunder
occasioned by the Consultant's negligent professional act and/or etror or omission,
in an amount not less than $500,000 combined single limit coverage occurrence. In
the event of change or cancellation of the policy by the insurer, the Consultant hereby
covenants to immediately advise the City thereof: and in such event, the Consultant
shall, prior to the effective date of change or cancellation, serve a substitute policy
famishing the same coverage to the City. The Consultant shall provide a copy of
such policy and the declarations page of the existing policy to the City through its
Executive Director for Public Utilities, simultaneously with the execution of this
Agreement.
IX. Termhation of Agree= t:
A. In connection with the work outlined in this Agreement, it is agreed and fully
understood by the Consultant that the City may cancel or indefinitely suspend further
work hereunder or terminate this Agreement at any time upon fifteen (15) days
written notice to Consultant. Upon receipt of such notice, Consultant shall cease A
work and labor being performed under this Agreement. Consultant may temrinate
this Agreement by giving the City fifteen (15) days written notice that Consultant is
no longer in a position to continue representing the City. Consultant shall invoice
the City for all work satisfactorily completed and shall be compensated in accordance
with the terms of this Agreement. All repotu and other docurnents, or data, or work
related to the project shall become the property of the City upon termination of this
Agreement.
B. This Agreement may be terminated in whole or in part, in writing, by either party in
the event of substantial failure by the other party to fulfill its obligations under this r
Agreement through no fault of the terminating party. Provided, however, that no
such termination may be effected, unless the other party is given [1] written notice
(delivered by certified mail, return receipt request) of intent to terminate, and not less
than thirty (30) calendar days to cure the failure; and, [2] an opportunity for
• consultation with the terminating pony prior to termination. • •
C. Nothing contained herein or elsewhere in this Agreement shall require the City to pay
`J for any work performed by Consultant or by any pew performing smites under
this Agreement at the direction of Consultant, which is unsatisfactory, or which is not
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submitted in compliance with the terms of this Agreement.
X. ElfiMAMunot This Agreement represents the entire agreement and understanding between
the parties and any negotiations, proposals, or oral agreements are intended to be integrated herein
and to be superseded by this written agreement. Any supplement or amendment to this Agreement
to be effective shall be in writing and signed by the City and the Consultant.
Xl. Co caw .rvs: 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 hereafter be amended, including, but not limited to the Texas Disciplinary Rules of Professional
Conduct.
XII. GoveJggjj w For the purpose of determining piaa of agreement and law governing same,
this Agreement is artered into the City and County of Denton, State of Texas, and shall be governed
by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under
or in connection with this Agreement shall be exclusively in a court of competent jurisdiction sitting
in Denton County, Texas.
Xlll. In perfonning the saviors required hereunder, the Consultant
shall not discriminate against any person on the basis of race, cola, religion, sex, national origin or
ancestry, age, or physical handicap.
XIV. Personidt
A. Consultant represents that he has or will secure at his own expanse all personnel
required to perform all the services required under this Agreement. Such personnel
shall not be employees or have any contractual relations with the City. Consultant
shall immediately inform the City of any conflict of interest or potential conflict of
interest that may arise during the term of this Agreement, in accordance with
Consultant's responsibilities under the Texas Disciplinary Rules of Professional
Conduct.
B. All services required hereunder will be performed by the Consultant or under his
direct supervision. All personnel engaged in work hereunder shall be qualified and
shall be authorized or permitted under federA, state and local laws to perform such
services.
XV. Coastal to Repraeabtio t of cite City of Ga_dmed. Texas: The City understands that
♦ Consultant expects to enter into an agrmmt for professional legal services with the City of
Garland, Texas; and that the scope of Consultant's work to be performed for the City of Garland,
Texas wil I be similar to, or possibly the same as Consultant's work to be performed for the City of
Denton under this Agreement. Because of the close ties and relations between the City of Denton
and the City of Garland, and their involvement in similar Legislative issues, the City consents to the
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Consultant's engagement as a consultant to the City of G&,Iand, and directs Consultant, where
possible, to coordinate work performed on behalf of both cities so that the maximum advantage to
the cities may be attained,
XVI. AsdUabilltr: The Consultant shall not assign any interest in this Agreement and shall not
transfer any interest in this Agreement (whether by assipment, novation, or otherwise) without the
prior written consent of the City thereto.
XVII. Sever All agreements and covenants contained herein are severable, and in the event
any of them, with the exception of those contained in sections headed "Scope of Services%
"Independent Contractor Relationship", and "Compensation and Method of Payment" hereof, shall
be held to be invalid by any competent court, this Agreement shall be interpreted as though such
invalid agreements or covenants were not contained hcmin.
XVIII. Approval by the City shall not constitute nor
be deemed a release of the resportsibitity and ti ability of the Consultant for the accuracy
competency of his work; nor shall such approval be deemed to be an assumption
responsibility of the City for any defect in any report or other documents prepared by the Consuhant,
his employees, officers, agents and sub-consultants.
XIX, Modi&atioa of A>L No waiver or modification of this Agreement or of any
co•:.iant, condition, or limitation herein contained shall be valid unless in writing and duly executed
by the party to be charged therewith. No evidence of any waiver or modification shall be offered
or received in evidence in any proceeding arising between the parties hereto out of or affecting this
Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification
is in writing, duly executed as aforesaid; and, the parties further agree that the provisim of this
section will not be waived as herein set forth.
XX Captions; The captions of this Agreement are for informatiorw purposes only and shall not
in any way affect the substantive terms or conditions of this Agreement.
XXI, %2dwafftm This Agreement shall be binding upon and inure to the benefit of the parties
• hereto and thew respective heirs, executors, administrators, legal representatives, successors, and
assigns wivere permitted by this Agreement. r
IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and Consultant has executed this Agreement on this
,
the day of .1997.
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"CITY"
CITY OF DENTON
BY: _
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUIY, CITY ATTORNEY
BY:
"CONSULTANT" j
THE LAW OFFICE OF JIM BOYLE
BY: y
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EXHIBIT "A"
&Qyx Of Services
The Law Offices of Jim Boyle (Law Firm) shall provide legal and legislative assistance
to the City in connection with legislative activity related to the restructuring of the electric utility
industry. Services to be provided by the IAw Firm shall inchrde:
• Preparing and recommending legislative proposals of benefit to the City and the Denton
Municipal Electric Utility (DMEU)
• Developing of a Strategic Legislative Plan with action items and timeline
• Coordinating the interaction of City officials and legislative leaders
• Preparation of issue papers and reports for legislators and staff
• Working with Texas Public Power Association (TPPA) to further City legislative objectives.
• Analysis of proposals by investor owned utilities, large industrial customers turd other
stakeholders.
• Communicating with key legislators and their stiffs
• Enlisting the support of other municipalities, business groups and other stakeholders for City
Proposals
• t • Preparing reports and other documents for use with the Texas Municipal Power Agency
(TMPA)
• Assisting technical expert in providing demonstrative aids and handouts
• Encouraging the development of a common legislative effort by TMPA cis lea
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CITY OFDENTON) TEMS AIUNOPALBUILDING ~ DEMON! TEXAS 76201 ~ TELEpMWfBf7)586.8377
• Oft S of Mee Ciy AArsepa
MEMORANDUM
DATE: September 5, 1997
TO: Mayor and Members of the city council
FROM: Ted Benavides, City Manager
SUBJECT: Agenda Item Request by Council Member Young
I On July 15th, Council Member Young requested that Council consider
a resolution regarding the Denton/Tarrant County border dispute.
The item was placed on the August 26th Council agenda at which time s
the Council voted not to support the resolution. At the meeting of
September 2nd, Council Member Rristoferson requested that Council
suspend the rules and allow reconsideration of the resolution on
the September 9th agenda which Council agreed. The resolution for
consideration is Item 015 on the agenda.
Please let me know if you require any further information.
Ted BenAv des
City Manager
ACCOOOF4
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JEFF MOSELEY
1 DENTON COUNTY JUDGE
September 5, 1997
The Honorable Jack Miller F
Mayor of Denton i
215 East McKinney' '
Denton, TX 76201
Dear Mayor Miller.
Thank you so much for your consideration of a resolution of support to Denton County as
we attempt to defend our boundary line that was set in place so long ago.
As many of you know, Tarrant County Commissioners Court has attempted to take claim
to some 5,500 acres of prime real estate that borders our southern boundary; a boundary set in
place before the Civil War.
Your resolution of support, not unlike the resolution passed by the City of Denton in
1993, show a solid backing by one of our area municipalities, not to mention our county seat.
i
Thank you again for your consideration of this much needed resolution. Should you have
additional questions, you may contact Mr. Rider Scott at 214/871-8294. Mr. Scott has been
retained for legal purposes as it relates to Denton County defending a strip of land with a value in
excess of $I 55'oftow.
R su
JE LEY alts
Judge 3
d cc: C mmissioner Jeff Krueger, Pct 91 y'
• Commissioner Sandy Jacobs, Pct N2
Commissioner Scott Anroey, Pct. N3 s;
` Commissioner Don Hill, Pct. N4
Rider Scott. Thompson, Coe, Cousins dt Irons, L.L.P.
r
Jim Allison, Allison, Bass k Associates, L.L.P.
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DENTON COUNIT WWOOtOt M OOM • COURlBOUt?ti-M 7=4QtlAM
11011 HXXORT • MM'O!; TX Ati M61 ' (N) H"W • I4atF414&1W PAX (90) Ht+M/i „11 , c ' `
RESOLUTION NO.
A RESOLUTION SUPPORTING THE EXISTING BOUNDARY BETWEEN DEMON
COUNTY AND TARRANT COUNTY AND SUPPORTING DEMON COUNTY IN ITS
DISPUTE WITH TARRANT COUNTY OVER APPROXIMATELY 5,500 ACRES ON
DENTON COUNTY'S SOUTHERN-MOST BOUNDARY; AND PROVIDING AN EFFEC-
TIVE DATE.
WHEREAS, the Tarrant County Commissioners Court is claiming a 150-year-old survey
error has resulted in the boundary of Tarrant County being moved too far south and that the cor-
rect boundary is farther north encompassing portions of Alliance Airport, Trophy Club,
Roanoke, and Flower Mound; and
WHEREAS, Tarrant County has filed a lawsuit against Denton County to claim a roughly
8.6 square mile stretch of land that runs east to west on Denton County's southem-most bound-
ary and encompasses approximately 5,500 acres; and
WHEREAS, within this disputed tract of land is property owned by the Alliance Devel-
opment Company and includes many acres of conunercial property, a section of Grapevine Lake,
and hundreds of residents, and if this land is included in Tarrant County, current tax valuations in
Denton County will drop significantly; and
WHEREAS, the approximately 5,500 acre area forms part of the foundation of the eco-
nomic growth In Denton County, and the potential value of this Iand is tremendous with the in-
tense growth that Denton County is experiencing; and
WHEREAS, the City Council deems it in the public interest to support Denton County in
its efforts to oppose Tarrant County's lawsuit to claim this land within its boundaries; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION I. That the City Council believes that the existing boundary between Denton
• County and Tarrant County is the correct boundary.
SECTION 11. That the Denton City Co:moil vigorously supports Denton County in its
opposition to Tarrant County's lawsuit seeking to claim approximately 5,500 acres of land in
south Denton County and wholeheartedly supports Denton County in its efforts to oppose Tar-
rant County's efforts to claim this land as a part of Tarrant County.
• SECTION 111. That the City Manager is directed to send copies of this resolution to the • •
members of the County Commissioners Court of both Denton and Tarrant Counties.
SECTION IV. That this resolution shall become effective immediately upon its passage
and approval.
•
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t
:
PASSED AND APPROVED this the day of .1997.
JACK MILLER. MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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CITY COUNCIL REPORT
TO; MAYOR AND MEMBERS OF DENTON CITY COUNCIL
FROM R.E. Neboa, Executive Dtmtor of UaGtiea
SUBJECT: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE MEDIA TM
SETTLEmr.NT AGREEMENT BETWEEN THE CRY OF DENTON AWJ TFM
INDIVIDUALS PROTESTING THE CITY OF DENTON LANDML PLOW
APPLICATION FOR THE EXP4%NSION OF THE 13MTING LANDFILL
RECOMMENDATION:
The stiff raominerda approval of the Mediation SeetIemaNg~eemmee to avoid litipting Ile
application of the City of Denton (Appliant~ fa the TaxasA Nanral Resource Co ne!va~a!
Commission (MCC) Municipal Solid Waste Permit Number I SWA, ins contested Commission
public hearing.
SUMMARY:
On August 29, 1997, the City of Denton participated in a mediation process coooming the
proposed ao[id waste landfill permit 11590-A. The purpose of the mediation process Was to. b
address die concerns of the following i dmduals Wikna Haggard, Mason Haggard (rby
Barbara Hoknw Guy Wade Willis, Bobby J. Coonrod (represented by CxtY Wade Jln), Lucy
Barber, and Robert Donnelly (Protestants) as it reLtes to ksues associated wRb the exparwoa of the
i existing lardf Il.
The Mediated Seakment Agreement included in Exhibit H identities the pouts of agreement that tbe Cky of
reached as a result of the mcdiat:on process. The aveco alt lep"alts conceal a
Denton would make to the paling permit appikatioo to address the spa
Proustants. Agreement by all parties would negate the need for the public bearie,& currea0y
sekeduled for Sepkmber 15, 1997, and allow the Denton permit to be p on the Ineooseated
TNRCC agenda for cansiderMWL
PROGRAMIDEPARTMENT OR GROUPS AFFECTED:
City of Denton Solid Waste Customers, Solid Waste Departroeat
Respectfiffly
RRX, Nelson, e
Dirator of Util itiea
• Prepared by
Warth or
of Eavu nnvental ions
ExhM 1: Resolution
• Exhibit 11: Mediation Settlement AVwmeat • •
Exltibit In: Mediation Process Memorandum
Exhibit IV: Alternative Dispute Resolution Memorandum
,
CiWry1)CCA0V4DA~
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A,\LLQ`if LL.ORD
_ I
RESOLUTION NO. _
A RESOLUTION APPROVING THE MEDIATED SETTLEMENT AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND THE INDIVIDUALS PROTESTING THE CITY
OF DENTON'S LANDFILL PERMIT APPLICATION FOR THE EXPANSION OF THE
EXISTING LANDFILL; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
MEDIATED SETTLEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has formally applied for approval
of proposed Soltd Waste Landfill Permit No. 1590-A (hereinafter the
"Application"), which application provides for an expansion to the
City's existing landfill; and in connection therewith, a Texas
Natural Resource Conservation Commission ("TNRCC") proceeding is
currently pending being docketed as In Re: City of Denton, Permit
No. MSW 1590-A and styled as Case No. 582-97-0816; and
WHEREAS, a public hearing was held on the Application as
required by law, and several citizens of the City of Denton
(hereinafter the 'Protestors") lodged formal protests to the City's
Application, thereby making the TNRCC proceeding a contested
proceeding. Thereafter, on August 29, 1997, the City and all
Protestors participated in a mediation session. The purpose of the
mediation was to address the concerns of the Protestors associated
with the proposed expansion of the City's existing landfill. In
response to the concerns expressed by the Protestors, the City
manifested its willingness to modify, to some degree, its pending
Application to address certain specific concerns of the Protestors.
As a result of the mediation, the City and all Protestors success-
fully resolved their disputes and reached a written agreement
entitled "Mediated Settlement Agreement" (the 'Mediated Agreement')
which is attached hereto as Exhibit "A" and incorporated herewith
by reference; acid
WHEREAS, the Mediated Agreement disposes of the formal protests
brought by all Protestors, and as a. result, the Mediated Agreement
will allow the above-numbered and entitled proceeding before the
TNRCC to be placed on an uncontested agenda for final consideration
and disposition; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
cFr"t'ION I. That the Mediated Agreement, a copy of which is
attached hereto as Exhibit "A" and which is incorporated by
reference herewith, is hereby approved, and that the City Manager
• is hereby authorized to execute the Mediated Agreement on behalf of
the City. The City Manager is further authorized to execute any •
other documents which are necessary or required, to implement the
terms of the said Agreement.
2 {
I
SECTION IL. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY. li
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IN RE: BEFORE THE TEXAS
CITY OF DENTON f NATURAL RESOURCE
f
Permit No. MSW 1590-A i CONSERVATION COMMISSION
MEDIATED SETT EW.NT AGREEMENT
i
To avoid litigating the application of the CITY OF DENTON, (Applicant) for Texas Natural
Resource Conservation Commission (Commission) Munklpal Solid Waste Permit Number 1590-
A, in a Commission contested public bearing, the Applicant and the following: Wilma Haggard,
Mason Haggard (represented by Barbara Holeman), Guy Wade Willis. Bobby J. Coonrod
(represented by Guy Wade Willis), Lucy Barber, and Robert Donnelly (Protestants) mediated
their dispute and agree to the following:
CO DEN[ As. nRAFf 1%
Points of Atreemmt
1. Within eigbwen (I8) months of the execution date of this agreement, Applicant will
prepare, file, and vigt rously pursue, in a good faith effort, the granting of a request for
a modification to Pf rnit No. MSW 1390-A seeking a decrease in the height of the
landfill, AppIkant's modification will request a change in the design to a three-percent
slope on the top of the final cover, which, if granted would result in permitting
construction to a hel ft of approximately 680 feet MSL. The current iarsdfill and the
pending Application have requested a six-percent slope on the top of the final cover. If
the TNRCC does not allow a change to a thm-percent slope. the modification would
result in permitting construction to a height of approximately 692 feet MSL.
I~
2, Applicant agrees that it will not seek to use the art shown on the attached map by the
symbol to obtain dirt required for cover for the proposed expansion in die k
• Application. f
3. Applicant agrees that, to the greatest extent possible, it will not remove native vegetation
in the area shown on the attached map by the symbol This does not problibit
Appfkant from tcmovittt damaged or dlieased trees of undergrowth from that area. In
addition, the Applicant may need to remove a limited amount of native vegetation for the
• proper operations and rnaintenusce of the facility, such as maintenance of the fencing. • •
access for collection of any wind blown trash and similar maintenance activities.
Applicant agrees to ratify a designated Protestant representative before removing trees
from that area. Within 48 bourn of notification, the Protestants' named representative
will meet with Applicant representative(s) at a mutually agreable time to visit the area
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of tree removal. Applicant will not remove native vegetation or trees for maintenance
purposes only in the area without the agreement of the Protestants' named representative.
In addition, the Protestants' representative shall not unreasonably withhold their
agreement for native vegetation or tree removal for maintenance purposes. Until such
time that the Protestants name another representative, Guy Wade Willis shall serve as
their representative and he can be contacted at [phone
number). The Applicant will snake diligent efforts to contact the Protestatsu'
representative. However, In the event that the Proteaarus' representative or his designs
cannot be contacted or is unavailable to mat with the Applicant within 48 hours,
Protestants' consent shall be deemed to have been given. Protestants may, with written
notice to the Applicant, change their designated representative.
4. Applicant agrees that ft wJl discontinue use of the two sludge injection areas is the are:
shown on the attached map by the symbol 't' within ninety (90) days of the execution
date of this agreement.
5. Applicant agrees that, within I month of issuance of Permit No. MSW 1590- Arot will
institute a monthly litter pickup schedule. The monthly litter pickup under this p gr p
will occur along the existing and/or realigned Mayhill Road between Eau McKinney
sum and Colorado Blvd., along the existing and/or realigned Edwards Road from
Mayhill Road to a point located nearest the southeast dcoand rn a of all of ck Wastr a property,
along Spencer Road from Loop 288 May hill
Treatmera Plaint Road.
6. Applicant agrees that, within three years from the issuance of Permit No. MSW 1590-A,
it will begin acquisition of the right-of-way between Pecan Creek Mobile Howse Park and
the Andrew Corporation and. upon securing the necessary right-of-way, will relocate
Edwards Road to south of the current Pecan Creek Mobile Home Park.
7. Applicant agrees that, within 3 yeah from the issuance of Permit No. MSW 1590•A, it
will begin acquisition of additional right-of-way to widen end re-allgn Mayhill Road, In
addition, Applicant agrees that, within 6 months of the issuance of Permit No. MSW
1590-A, it will begin construction of a right-hand-turu lane from the intersection of
Mayhill and Spencer to the intersection of Mayhill and the Wastewater Treatment Plant
entrance road. Applicant agrees to place a flashing yellow caution light at the
• intersection of Mayhill and Spencer. If the intersection is signalized or if Mayhiill Road
or Loop 288 is realigned. Applicant will remove the flashing yellow caution light, and
its use will be discontinued.
8. Applicant agrees that, u soon as practicable after the execubm of the Settlement
{ Agreement, it will turn down the volume of the back-up beepers on landfill equipment _
• to the lowest level allowed by applicable federal, sate or local safety regulations. ` • •
Applicant agrees that it will not operate heavy machinery at the landfill site after dark
J more than two (2) times a month, and when necessary for emergencies,
91 Applicant's obligations pursuant to this Mediated Settlement Agreement arc conditioned
fil
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upon the TNRCC s ultinnate, final issuance of Permit No. MSW 1590-A, as presently
set forth in the draft permit, and upon that issuance not being further p-otested or
appealed by any person. In the event that any action by any third party (including the
TNRCC, its Commissloners, its Public Interest Council, its Executive Director or its
staff) results In the modification of Permit No. MSW 1590-A in a manner not consistent
with this settlement or resuits in the Application proceeding to a hearing, then Applicant
is discharged from all of its obligations under the Settlement Documents; however, if the
Application proceeds to hearing. Applicant will not object to the Protestants' timely f
requests to be readmitted as parties to the proceedings. In the event that the above
described changes or modifications occur before the issuance of the Permit. Applicant I
shall notify the Protestants in writing.
10. Applicant is discharged from its obligations under phis Agreement (1) In 30 years, or (2)
upon the transfer or sale of 50% (fifty percent) or ,Wore of the acreage and/or the interest
in each Protestants' eurreei properties to any other person or entity other than a
Protestant's son, daughter, or spouse, whichever occurs first. This agreement is NOT
intended to be a covenant that runs with the laid of each individual Protestant.
11. Applicam shall landscape the 'buffer rcne' area along Mayhill road and at least I14 mile
down Foster Road hr accordance whit the Special Use Permit for the landfill. For every
100 How feet of frootage along Mayhill Road and Edwards Road, Applicant agues to
provide at kart seven canopy and thirteen understory trees. Applicant agrees to meet
with a representative of the Protestants' choice In order to determine the percentage of
evergreen trees to be used in the landscaping plan, in any event which shall not fall
below 30% (thirty percent).
12. Applicant shall mail coples of all annual TNRCC Groundwater Monitoring Well Reports
to the Protestants and, upon the request of any Protestant, agrees to attend a meeting with
any interested Protestant at a mutually agreeable time and place to discuss those reports.
If the Applicart Is ordered Into corrective action by the TNRCC based on groundwater
monitoring reports, then the Applicant will notify the Protestanu and Applicant will,
upon request from each Protestant, pay the necessary fees to have the Texas Health
Department or its successor agency, perform one independent chemical and
bacteriological analysis of the drinking water wiles located on Protestants' properties.
It is the responsibility of each Pronesunt to notify Applicant in writing, that they are 1
Ei
invoking this paragraph. It is the responsibility of each Protestant to pulse arrangements
with the Texas Department of Health to have sampling performed, including
arrangements for property access for the Texas Department of Health. '
f
13. Applicant shall allow t representative of the Protestants' choosing to ether the landfill
facility at say time during normal operating hours as described in the permit. The
Protestants' representative must follow all safety procedures and regulations while on
J site, and must be accompanied at all times on site by a representative of the Applicant's
choosing. The Protestants' repre*ntative must also give a reasonable amount of notice
to the Applicant to request a visit to the site.
6
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A. Applicant shall provide To Protestants a list of persons and phone munbers to contact
both at the landfill and the regional office of the TNRCC in the event of complaint.
15. This Agreement is a Ito contract between the applicant, CITY Or DENTON, and the j
Protestants, is enforceable by either party against the other in a court of competent
jurisdiction, is effective as of the date the last party executes tMS Agreement, as noted t
below, and shall expire as previously descn'bed above in paragraph ten (30).
16. In consideration of the provisions listed above and actions to be taken by the Applkara,
the Protestants hereby withdraw their hearing requests for the application for Permit No.
MSW-1590•A.
11. The Executive Director of the Commission participated in the mediation procedure but
is not a party to this Agreement. The Executive Director has signed the Agreement only
as a wttness to the Agmi ent•
18. The Protestants will withdraw their protests to. and agree that they will not protest but
will cooperate and assist Applicant to the extent reasonably necessary to support,
Applicant's Application in Docket No. 382.914816. Protestants further sJlree that they
will not instittue, pursue or cooperate with any other plaintiff or protesI in any action
in the courts or administrative agencies contesting or claiming damages arisJrug out of
Applicant's expansion of Its Iandrdi as set out in the Application that is the subject of
Docket No. 582.91-0816 as long as the Applicant's activities are conducted in accordant
with the pemrit and TNRCC regulations. This release from liability does not create,
eliminate or otherwise affect any rights or remedies that may otherwise be available to
the Proteatents independent of this Agreement based on the existence of a rurally
adjudicated violation of the Permit or TNRCC rules and « guladoes. Nothing in this
Agreement is intended to affect negotiations between Protestants and the Applicant
regarding the right-of•way for the expansion of MayhlJI Road,
19. THIS AGRE MMNT AND ALL OF ITS PROVISIONS SHALL BE CONSTRUED j
IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF
TEXAS AND VENUE SHALL LIE IN THE COURTS OF DENTON COUNTY,
TEXAS, UNLESS OTHERWISE VESTED IN THE TNRCC OR ITS SUCCESSOR
AGENCY.
•
20. The Parties to this SetVnwnt Agreement understand that this Settlement Agreement must
be approved by the City Council of the City of Denton in open sneetiag• This Settlement
Agreement will be effective upon the signature of all parties and approval of the City
Council of the City of Denton,
FOR APELICAhM
Refer to -final n ee of this AErPpmenc_
r, r
Signature Printed Nam, title Date
FOR THE PRQ1E.JJAM:
Signature Printed Name, title Date
Sit =ro Printed Name, title Date
Sisnantre Printed Nude, tick Due
Si`mtum Ptirxed Name, lift Date r
Siinacure Primed Nude, tick Date
Signature Mond Nadw, title Date
CS1NC. FOR g~t`jyY DDLrrnn.
MMNL
Signature Printed Naar, title Dana
;.,r.,.
EXECUTED this the day of 1997. f
CITY OF DENTON, TEXAS, APPLICANT
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROM, CITY ATTORNEY
~r
BY:
L/
APPROVED AS TO LEGAL FORM:
KELLY, HART & HALLMAN, P.C.
BY:
SUSAN ZACHOS
301 Congress Avenue, Suite 2000
Austin, Texas 78701
(512) 495-6405
(512) 495-6401 (Fax)
OUTSIDE COUNSEL FOR THE
• CITY OF DENTON, TEXAS, APPLICANT
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Barry R. McBee, OW&Man e
R & "Ra1Ph' Marquee, avvna:farw
John M. Baker, Camntuloeser
Dan Pearson, Ereml&vDvedor
TEXAS NWURAL RESOURCE CONSERVATION COMMISSION
Pmtecut p ram bo Rw%c&v and PrnxntinQ Po15,lrare
June lb, 1997
To: Potential ADR Participants
Re: Application by the City of Denton;
Municipal Solid Waste Permit No. MSW-1590-A.
As some of you may already know, I am a mediator in the Texas Natural Resource
Conservation Commission's (Commission) Alternative Dispute Resolution Office (ADR or
mediation). Although you may already be familiar with mediation, please allow me to explain to
you all the Commission's mediation program and how it affects the application and bearing
process.
Historically, the Commission has seen its contested hearings, such as this case, become
longer and more costly to try. As the cog to participate in Commission hearings skyrockets, it
becomes more difficult for the average citizen to participate and effectively be heard. As a result,
the Commission has adopted ADR as a program for informal resolution of its contested cases.
In doing so, the Commission has shortened the time it takes to participate in the application
process, thus, cutting participation costs for the rrotestants, for the applicants, and for the state
as well, in many of its canes.
The ADR procedure which the Commission routinely uses is mediation. If the dispute is
settled through mediation and negotiation by the ADR participants, there may be no need for those
persons to incur the expense of hiring expert witnesses and/or attorneys, or of conducting
expensive discovery in preparing for trial in a contested public bearing. If the dispute is not
resolved through mediation, the dispute is then tried before an administrative law judge in a public
• hearing. Commission contested public hearings are formal evidentiary, legal proceedings which
follow the rules of procedure of both the Commission and the State Office of Administrative
Hearings, as well as the Texas Rules of Civil Procedure and the Team Rules of Civil Evidence
as those rules apply in non jury civil trials, and the Administrative Procedure Act. Upon
unanimous agreement of the participants to ADR, other forms of ADR tray be used.
• Dccisions which result from court trials or from contested public hearings, such as in this • •
case, are win-lose situations. Usually someone wins it all and someone loses it all. However,
because the resolution of disputes through mediation results from negotlatlons, mediation has
been described as a win-win situation.
(312)239-4010eFAX(312 219.4015 EXHIBIT 111 10
P.0,Bo%13087 • Austin.Tana 71-3D87 • Sl l • Interrw.,. t, w»«.uu6uuu.a.ua
wNd r wpM ~ r+t Rowe K
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The person who directs the mediation process is a "-party neutral called a mediator.
The mediator has no opinion or interest in the dispute or its outcome. The mediator's role is to `
be impartial and to determine, through talking to the affected persons, what thew true concerns
are and to guide those persons to a resolution of the dispute which addresses their concerns. It
is not the mediator's role to discourage protests, to pressure people into settling, or to talk people
out of a triallhearing. The mediator's role is to persuade the ADR participants to talk to one
another" to settle their dispute, if at all possible, without the aced for a bearing. Furthermore,
the mediator does not determine the solution. That is the responsibility of all the parties during
negotiations. The mediator also serves as a facilitator of information and conveyor of messages
between the ADR participants. In an effort to encourage people to negotiate in earnest and to tai k
to the mediator openly, the mediator is prohibited by law from disclosing any information or
statements given in confidence to the mediator by any ADR participant.
Although the Commission has a mediator available for this case, the ADR participants do
not have to use the agency-appointed mediator. Upon unanhwas agreement of the mediation
participants, a private mediator may be hired hint fh. AD port slmaf • other than the
Commnton's Executive Director (E .D.)_ Public Wtrest Co . would have to
yAyy for the senvices of th_Torivate mediator. Rr,,jrlations prohibit the E.D. and Public
Interest Counsel from paying for the services of a private mediator in contested cases. If the
parties elect to use a private mediator, this office c3a assist the parties in selecting a private
mediator who is knowledgeable in the subject matter of this case.
I hope teat this letter adequately explains mediation and the mediator's role. I will be
trying to call you all within a couple of days to discuss whether all of you want to attempt to
mediate this dispute fu.;t instead of proceeding through the hearings process. Because mediation
Is voluntary and requires negotiations, all participants must agree to the mediation efforts. In
addition, all participants, or their representatives, must attend with the proper authorization to
negotiate a binding agreement.
Please note that a mediation meeting is NOT the place for protestants to right the
application. That should be done in the public hearing. The mediation meeting is the place to try
to settle the dispute and allow everyone to avoid the time and expense of going to bearing. There
is no guarantee that mediation will result in it negotiated resolution of the dispute. The success
of the negotiations depends on the flexibUky and the good faith eJfom of the ADR
partkipants. If a single potential party to the hearing does trot want to attempt to negotiate a
resolution of the dispute, but prefers to try the application in a hearing, no mediation efforts will
be attempted by the Commission.
Let me stress that the Commission's mediation process is designed not to delay the
application or hearing process. 1 am aware that a preliminary hearing was held in this case on •
May 28, 1997, and that a discovery and bearing schedule are now in effect. Therefore, if all of
the parties in this case decide to try mediation, we mast schedule the meeting as quickly as
possible.
L,
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Please feel free to call me at (512) 2344010 if you have any questions.
Sincerely yours,
Elisa Foateoot, Mediator
Alternative Dispute Resolution Office
Mail Code 222
cc: Attached Mailing List
Laurie Lancaster, Assistant Chief Clerk
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City of Denton Maaidpal Solid Waste Landfill
Permit No. MSW 1S70-A
ADR Mailing].isr
For the the ,licant: For the Office of Public Interest Counsel:
Susan zact"s Blas Coy, Jr., Attorney
Kelly, Hart & Hallman, P.C. Public Interest Counsel
301 Congress Ave., Suite 2000 TX Natural Resource Conservation Comm.
Austin, Texas 78701 P. 0. Box 13087
5121495-6405 Fax 512/495-6401 Austin, Texas 78710087
512/239-6363 Fax 512/239-6377
Howard Martin
Director, Environmental Operations
City of Denton
901-A Texas Street
Denton, Texas 76201
817/566-8200 Fax 817-383-7334
For The Protestants:
Guy Wade Willis, President
Pipelink IWSO
Rt. 7 Box 91-B
Denton, Texas 76208
2141691.5556
Wilma & Mason Haggard
1900 S. Mayhill Rd.
Denton, Texas 76208
940/566-1369
For the Executive Director-
Steve Shcpberd, Staff Attorney
TX Natural Resource Conservation Comm-
0 P. 0. Box 13087
Austin, Texas 78711-3087
512!239-0600 Fax 2101239-0606
Forrest Nikorak, Permits Unit
municipal solid Waste Division
•
• TX Natural Resource Conservation COMM
P. 0. Box 13087
Austin, Texas 78711-3087
512!239.6788
13
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Barry R MtcBet
R. &'RalpA' ltuqunqum , C4
Coeun6mner
kho k BAn, CmRdtdona
Ceo9fq S. Connor, Gaud Couwd
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
PmhckV ram by Rdacby end hewmW Paktan
i
August 5, 1997
To: All ADR Participants
Re: Application by the City of Denton;
Permit No. MSW-159QA.
With the consent of the statutory parties and the identified potential parties, I have
scheduled a meeting to attetnpt to mediate a resolution of the dispute of the referenced permit.
The meeting details are as follows:
Monday, August 25, 1f97 - 9:30 a,sn.
Cor mb doners Courtroom - Denton Comity Conunbionesa Coast
110 Went Mckory, Denton, TX
Please note that mediation meetings are not public meetings. They are open only to the
ADR participants. their representatives, and those experts who are necessary to auist each of the
participants to make decisions in negotiations. The mediator can not decide to allow other, aon-
partyausdividuals to attend. However, other persons may attend upon unanimous agreement of
the participants.
Because ADR meetings are an effort to negotiate a resolutkm of a legal dispute, in order
to encourage all participants to be completely open and frank in the talks, ADR mm imp are
confidential meetings. $ysgo attending the ADR meeting, including the mediator, is bound
bylaw not to discus the substance of the discussions with anyone wbo was not present at the
• talks. The only exception to the confidentiality rule concerns information discussed or presented
during the mediation meeting which is indcMdoUX dgeoverik daring the discovery phase of
a hearing. '
Also note that a mediation meeting is NOT the place for protestants to fight the
application. Do that only at the public bearing. The mediation meeting is the place to try to
• arrive at a resolution of the dispute which will satisfy etnvyone and, thus, allow everyone to avci d • •
the time and expense of litigating the case in a bearing. There is no guarantee that mediation wil I
result in a negotiated resolution of the dispute. The success of the negotiations depends on the
flexibility and the good-faith efforts of the persons involved in the mediation proceedings.
114
P.o.Boxi3catst~AwftTadr tI Y1' S. EXHIBIT IV
• _ _
i
•
ADR Meeting Letter
Page 2
1 rallas shut a ncsueiatsd agreeimeat maybe subject to ratidatien by the Sovergifog
board of any governowntal party, but that does not mean that the gwaumesstal body's
representatives an not Initial the agreemeat document as as agreement subject to
ratification.
Mediation meetings are very infonml. The routine procedure for mediation is to begin
the meeting as a gaup for general prelentatiom and questions. Usually, after the general session,
the protestant: and the applicant me separated into dMerent rooms. This offers the mediator the
opportunity to sews andidEy sad coafkIentially with the respective silo. The medial'a task
is to convey messages, offers and counteroffers back and forth until an agreement is reached.
Because the mediator is not the tearing officer nor a decision-maker in the age, it is not
necessary to serve the other participants with copies of anything asst to the mediator.
Furthermore, the mediator is not bound by s:aam rules, or the rules of civil procedure. Subject
to the confidentiality rule, the mediator may talk to anyone involved in the use, Le., party,
party's anoraey, or engineer about anyt 1q. There Is nothing which the mediator may not be
toil, or may not thus::.
Whatever is agreed upon through mediation will be committed to writing and signed by
the participants or their representatives before we lave the meeting. This is to pronto the
medistoa product from anyone baying "second though b• or thiakfag of new Issues and wanting
to reopen the tam. Therefore, it is itaperative that each party or representative attend with the
authority to negotiate for and bind yourself or your respective clients. If you need your lawyer
and experts to review the agreeaadt before you sip it, then you need your lawya and
experts peeseot at tW meetEng. In admon, please reaoemb0 that every named party umaest
appear either la person or by repraatstlre.
Doc to the confidentiality rule, please be swan that notes Wm by the respecth I
participants during the mediation sessWit will he by the snadiatar at
the end of the mediation -1 s 1.
•
Egcrkm his shown that mediation meetings an last all day, so please piss accordingly . r
If anyone has any questions, please all tae at (312) 239-4010. '
Sincerely yours,
Misa Fontenot, Mediator
Alternative Dispute Resolution Office
15
•
f
ADR Mating Letter
Page 3
a: Attached ADR Muting List
Carl X. Forrester, Director, ADR office
Laurie L =Aer, AubtLW CW Cleric
"
• I
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16
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~:7 i~;• I .i i ~ ~ f Rya. ~ ♦ J„~i-~"} r s ~ r♦
w•...,. w.i~.:~~7i6t.r1~a l~~~s~~ ~ ~ ~ ~~1LL~ f~ a,~}1'♦1_".t
•
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x.
City of Denton Municipal Sold Wade I amW
Permit No. MSW 190-A
AnR MAHW»
For the AXQG= For the Fi jW&e Direckc Cant-
Susan 7schos Forrest Nikorat, Perm Unit
Kelly, Hart do Hallman, P.C. Mwjc% al Solid Waste Division
301 Congress Ave., Suite 2000 TX NawW [resource Conserntoo Comm.
Austin, Texas 78701 P. O. Box 13087
512149544405 Fax 512/495.6101 Austin, Texas 78711-3087
3121239.6788 Fax 512/239-6717
Howard Martin
Director, Environmental Operations For the QMm o~nt.+na ram„ -
City of Denton Aldo Gonzalez, Staff Attorney
901-A Texas Street Assistant Public Interest Cotmsel '
Dmton, Texas 76201 TX Natural Resource Consetwdoo Comm.
817/5664200 Fax 817.383-7334 P. O. Box 13087
Austin, Texas 78711-3087
312/239363 Fax 3121239.6371
Ouy Wade Was, President
Pipelink IWSO
Rt. 7 Box 91-B
Decom Texas 762M
214/691-5536
i
Wilma do Mason Haggard
1900 S. Mayhill Rd.
Denton, Texas 76208
940/566.1369
Steve Shepberd, Staff Attorney
TX Natural Resource Conservation Comm.
• P. 0. Box 13087
Austin, Texas 78711-3087
312!239-0600 Fax 210/239-0606
!7
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IrT~
sr~40
Agenda No.-
Agenda =L~~
Agenda Ibm
Dale -
CITY OF DENM, TEXAS A")OPAL NILDING DEfrON, TEXAS 76201 • TELEPHONE 817-566'M
OF" of ft cm/ se"t"
MEMORANDUM
DATE: September 4, 1997 -
s
TO: Mayor and Members of the city council
FROM: Jennifer Walters, City Secretary
SUBJECT: Board/Commission Appointments
The following is a list of current Board/Commission
vacancies/nominations:
Keep Denton Beautiful Board - Council Member Cochran has nominated
Alice Gore. '
Board of Adjustment - Council Member Beasley has nominated Bob
manning.
If you require any further information, please let me know. c,'•
Jenn a ems
City SCcrootary
ACCOOOF4
'v
5
t..
'DtCrauQ b Quatfty S+ r4a' x ~y".{s4~ t
i `
I
END
OF,
•
FILE
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