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09-02-1997
• • City Council Agenda Packet September 2 1997 • f oil • • AGENDA Agenda No ^O 3 / CITY OF DENTON CITY COUNCIL Agenda Item September 2, 1997 Datee 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 2, € 1997 at 5:45 p.m. in tte Police Department Conference Room of the Denton Municipal Complex, 601 E. Hickory, Denton, Texas, at which the following items will be considered: I. Closed Meeting: A. Consultation with Attorney Under TEX. GOVT CODE SEC. 551.071. 1. Consider and discuss 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 therefore 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 law; providing for acceptance of the agreement by Texas Utilities Electric Company and publication of notice of passage of this ordinance. B. Conference with Employees Under TEX. GOVT. CODE Sec. 551.075. The Council may receive information from employees or question employees during a staff conference or briefing, but may not deliberate during the conference. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETIN I OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOV'T 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 NOTF.O ABOVE, IN . .CORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071-551.085 OF THE OPEN ` MEETINGS ACT. I Regular Meeting of the City of Denton City Council on Tuesday, September 2, 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: 1. Pledge cf Allegiance A. U.S. Flag • B. Texas Flag - • 0 "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. Consider approval of the minutes of June 10 and June 17, 1997. • c • 71 0 • City of Denton City Council Agenda September 2, 1997 Page 2 AA IVARDSTRESBNTATION S 3. September Yard of the Month Awards CITIZEN REPORTS 4. Receive a citizen report from Nell Lights regarding a problem receiving utility services at 509A Maddox Street. 5. Receive a citizen report from Robert Avants regarding the condition of the athletic fields at North Lakes Recreation Center. 6. Receive a citizen report from Larry Bailey regarding bird roost problems and loss of business in the Shady Oaks area of Denton. 7. Receive a citizen report from Linda Thalen regarding bird roost problems and loss of business in the Shady Oaks area of Denton. & Receive a citizen report from Bill Parrish regarding bird roost problems and loss of business in the Shady Oaks area of Denton. 1 9. Receive a citizen report from Mildred Hawk regarding Denton County historical bridges and the greenbelt. 10. Receive a citizen report from Ross Melton regarding street lights in the daytime, trash and debris, and the sign ordinance. NOISE EXCEPTIONS 11. Consider approval of a noise exception for a Mexican Rodeo fundraiser sponsored by the Denton Hispanic Chamber of Commerce to be held September 21, 1997 from 2:00 to iJ 9:00 p.m, at the North Texas State Fairgrounds. A PUBLIC HEARING 12. Hold a public hearing and consider an ordinance approving a detailed plan of 56.639 acres in Planned Development 90 (PD-90) for detached, single-family residential development and duplexes. The subject property is located between Sherman Drive and Kings Row, approximately 1,500 feet northeast of the Kings Row intersection. (The g Planning & Zoning Commission recommends approval 7-0.) I, 9 • I • • City of Denton City Council Agenda September 2, 1997 Page 3 BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION 13. Consider adoption of an ordinance amending the schedule of electric rates contained in Ordinance 96-207; incorporating Ordinance 97-208 providing for a State University Discount Rider; adding a Decorative Ground Lighring rate schedule (DGL); amending the Dusk to Dawn rate (DD) to add new types of lights and restrict future installation of some types of lights; and renaming the Decorative Lighting Rate (DL) to the Downtown Decorative LightinS Rate (DDL). 14. Consider adoption of an ordinance amending the schedule of water rates contained in Ordinance 96-208 for water service; amending the charges for tap and meter fees, amending the Upper Trinity Regional Water District (UTRWD) interim treated water rate (WW1) for the contract; and amending Ordinance 97.192 for wholesale raw water service to UTRWD (WRW). 15. Consider adoption of an ordinance amending the schedule of wastewater rates contained in Ordinance 96-209 for wastewater service; amending Ordinance 97-052 for compost and wood mulch service; and amending the wastewater tap fees. 16. Consider adoption of an ordinance amending the schedule of rates for solid waste service contained in Ordinance 96-210, as authorized by Chapter 24 of the Code of Ordinance of the City of Denton, Texas; amending the charges for residential service by adding a deposit requirement and changing the number of cubic yards of yard waste picked up without charge; amending the rates for commercial dumpster, open top and compactor service; amending the charges for landfill service; and amending miscellaneous service charges. 17. Consider adoption of an ordinance amending Article V "Public and Sentipublic Swimming Pools" of the Code of Ordinances of the City of Denton by amending Section 14-112 "Health Officer Inspections" and Section 14-113 "Permits to Operate". 18. Consider adoption of an ordinance amending Section 13-22 of Chapter 13 "Food and Food Establishments" of the Code of Ordinances of the City of Denton; providing for permit fees for restaurants, grocery stores, and day care centers. s 19. Consider adoption of an ordinance amending Ordinance 91-055, as amended in r accordance with Section 22.28 "Facility and Program Fees" of the Code of Ordinances of the City of Denton, Texas to provide new site reservation fees for the O'Neil Ford Municipal Complex and picnic shelters in North Lakes and South Lakes Parks and to increase fees for the use of the Civic Center building. • 20. Consider approval of resolutions approving the budgets for the 1997-98 fiscal year for A hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code for the v following: A. Denton Black Chamber of Commerce B. Denton Chamber of Commerce Convention & Visitor Bureau C. Denton County Amphitheater Association r" • • City of Denton City Council Agenda September 2, 1997 Page 4 , D. Denton County Historical Museum E. Denton Festival Foundation F. Denton Hispanic Chamber of Commerce G. Denton Holiday Festival Foundation H. Friends of Denton County History, Inc. 1. Greater Denton Arts Council 1. North Texas State Fair Association K. Scholars Phair Foundation of Texas L, Tejas Story Telling Association M. Denton County Historical Foundation 21. Consider adoption of ordinances executing agreements between the City of Denton and the following for the payment and use of hotel tax revenue: A. Denton Black Chamber of Commerce B. Denton Chamber of Commerce Convention & Visitor Bureau C. Denton County Amphitheater Association D. Denton County Historical Museum E. Denton Festival Foundation F. Denton Hispanic Chamber of Commerce G. Denton Holiday Festival Foundation H. Friends of Denton County History, Inc. 1. Greater Denton Arts Council J. North Texas State Fair Association K. Scholars Phair Foundation of Texas L. Tejas Story Telling Association 22. Consider approval of a resolution adopting the Capital Improvement Plan proposed by the Planning and Zoning Commission. 23. Consider adoption of an ordinance amending Ordinance No. 97-145 prescribing the number of positions in each classification of police officer; prescribing the number of positions in each classification of fire fighter; repealing all prior inconsistent ordinances and resolutions to the extent of any such conflict; and providing a repealer. • 24, Consider approval of an ordinance adopting the budget for the City of Denton, Texas for the fiscal year beginning October 1, 1997, and ending on September 30, 1998. 25. Consider adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 1997 on all taxable property within the corporate limits of the City a on January 1, 1997, not exempt by law; providing for revenues for payment of current • a municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; and providing for enforcement of collections. e e City of Denton City Council Agenda September 2, 1997 Page 5 CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda Items 26-39). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items 26-39 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 shall be allowed to speak and the item shall then be considered before approval of the Consent Agenda. 26. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services. (Bid #2081 - Distribution Transformers) 27. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services. (Bid #2082 - Streetlight Poles and Fixtures) 28. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (Bid #2072 - Denton Municipal Generation Station Unit #3 Cooling Tower Repair) 29. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (Bid #2075 - Contract Concrete Work) 30. Consider adoption of an ordinance authorizing the City Manager to execute a public • transportation agreement and subsequent amendments with the Texas Department of Transportation for funding public transportation. 31. Consider adoption of an ordinance amending Chapter 18, Section 18.109, to provide for an additional disabled parking space in front of 101 Avenue A. • 32. Consider adoption of an ordinance authorizing he City Manager to execute a second 0 • amendment to the Professional Services Agreement with Resource Management International, Inc. 33. Consider approval of a resolution requesting financial assistance from the Texas Water Development Board; authorizing the filing of an application for assistance; and making certain findings in connection therewith. • • City of Denton City Council Agenda September 2, 1997 Page 6 34. Consider approval of a resolution to declare the intent to reimburse expenditures for the Cooper Creek Road Crossing Project with bond proceeds. 35. Consider approval of a resolution requesting the Texas Municipal League to sponsor legislation regarding the use of logo reader boards in urban areas with a population of 50,000 or more. 36. Consider approval of a resolution requesting the Texas Municipal League to sponsor legislation regarding the repeal of Section 3.251(d) of the Public Utility Regulatory Act to allow cities to compete against local exchange telephone carriers in communities where the quality, selection and cost effective pricing of telecommunication services are inadequate. 37. Consider approval of a resolution requesting the Texas Municipal League to sponsor legislation to amend the Open Meetings and the Open Records Acts o allow city councils of cities owning and operating their own electric utilities to negotiate and discuss power sales and other contracts in executive sessions and to withhold those contracts or portions of contracts where to divulge this information would be detrimental to the negotiating position of the city. 38. Consider approval of a resolution requesting the Texas Municipal League to sponsor legislation to amend the Texas Local Government Code to allow all cities under 100,000 population to solicit insurance bids through competitive sealed proposals instead of competitive bidding. 39. Consider approval of a resolution encouraging the Senate Interim Committee on electric utility restructuring to protect municipal revenues collected from franchise fees and property taxes when deregulating the electric utility industry. ITEMS FOR INDIVIDUAL CONSIDERATION 40. Consider approval of a resolution approving the fiscal year 1998 financial plan of the Denco Area 9-1-1 District, pursuant to the Texas Health and Safety Cooe, Section • 772.309. 41. Consider adoption of an ordinance author'zing the Mayor to execute a second amendment to the existing agreement between the City of Denton and Texas Utilities Electric Company extending the term therefore 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 law; providing for acceptance of the agreement by Texas Utilities Electric • 0 Company and publication of notice of passage of this ordinance, 42. Consider nominationslappointments to the City's Boards and Commissions. 43. Miscellaneous matters from the City Manager. r City of Denton City Council Agenda September 2, 1997 Page 7 44. New Business This item provides a section for Council Members to suggest items for future agendas. 45. Possible Continuation of Closed Meeting items held under Sections 551.071 - 551.085 of the Texas Open Meetings Act. 46. Official Action on Closed Meeting items held under Sections 551.071 - 551.085 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the __day of , 1997 at o'clock (a.m) (p.m.) CITY SECRETARY NOTE: THE CENTRAL JURY ROOM OF THE DENTON MUNICIPAL COMPLEX IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT 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 (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACClM13CO ~ ~I • • • - I ~7~ 039 ' CITY OF DENTON CITY COUNCIL MINUTES AgendaNo June 10, 1997 Agenda Item fll Dale - I After determining that a quorum was present and convening in an open meeting, the City of Denton City Council convened in a closed meeting on Tuesday, June 10, 1997 at 5:30 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Durrance, and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Conference with Employees Under TEX. GOVT CODE Sec. 551.075. The Council received information from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference. The council convened into a Work Session on Tuesday, June 10, 1997 at 6:00 p.m. in the City Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Durrance, and Young. ABSENT: None Mayor Miller presented a proclamation for 'Harlan Jefferson Day'. 1. The Council held a discussion regarding delinquent tax collection services and gave staff direction. Jon Fortune, Chief Finance Officer, stated that staff was seeking direction on which firm the Council would like staff to negotiate a contract with for the collection of delinquent taxes. Young motioned, Kristoferson seconded to retain the firm of Hayes, Coffey, Berry, McCreary, Veselka and Bragg as the City's delinquent tax collectors. council member Kristoferson felt that the current firm had exceeded performance expectations by both percentage results and time factors. • Council Member Young felt that the current firm had set a standard for tax collection this year. No other firm could match what they had done. They were a local firm, were more efficient and collected the taxes faster. This firm was more economical and had a staff which worked in Denton. The firm had done an outstanding job and had a good working relationship with the citizens in ® Denton. I • On roll vote, Beasley "nay", Kristoferson "aye", Cochran "nay", Durrance "nay", Young "aye", Brock "nay" and Mayor Miller "nay". Motion failed with a 2-5 vote. Durrance motioned, Cochran seconded to direct staff to prepare a contract with the firm of Blair, Goggan, Sampson 6 Meeks and Mike Gregory. s 0 City of Denton city council Minutes June 10, 1997 Page 2 Council Member Durrance stated that each firm had presented an indepth presentation at the prior Council meeting. There were several criteria to review for this contract. All the firms were qualified and were well staffed. The historical perspective of the past performance of the firms was a great consideration. Council was given numerous facts and figures regarding each firm. Each firm made claim to being a local firm. He felt it was important to review the aspect of what a firm was doing prior to litigation and also during and after litigation. Quality must be -.dewed in light of areas that would be applied. The scope of service needed to be considered to contact and locate a particular area, individuals, owners, or trace those individuals where necessary. The firms presented many figures at the Council's last meeting which discussed percentages and success percentages. All three firms had impressive figures. This was a specialized area of the law which required a special need to be familiar with the special circumstances of the law. He felt it was significant to look at I` the percentage of collection rates after turnover. Those rates were significant in determining the capability of the firms. His motion was based on a performance basis. Mayor Miller stated that he would be voting against the motion. This was his third time to consider a firm for the collection of delinquent taxes. The issue had been brought up before about a firm being a local firm. After a number of years, the City had a firm which was totally a local firm and not in association with an outside firm. He tried to judge the firms based on local practice. He was convinced that a good choice for a firm would be Sawko & Burroughs. Miller motioned an amendment to include a cancellation clause with 30 days notice. City Attorney Prouty stated that there was such a clause currently in contract which was mutual for either side. Young seconded the amendment to the motion. 0 Mayor Miller withdrew his amendment if such a clause was already in the contract. on roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Dutrarce "aye", Young "nay", Brock "aye" and Mayor Miller "nay". Motion carried with a 5-2 vote. O 2. The Council held a discussion and gave staff direction regarding possible revisions to the City of Denton's 1997 Action O O Plan for housing and community development and the Human Services committee recommendations. This item was not considered. 3. The Council received a report, held a discussion and gave staff direction regarding an early warning system. O 0 • • City of Denton City Council Minutes June 10, 1997 Page 3 Ross Chadwick, Fire Chief, stated that common goals of a warning system would be to save lives, limit further casualties, and reassure and care for the public. Citizen expectations of a warning system were to alert citizens in advance of a disaster and properly keep them informed of the situation. Key elements of a warning system included detecting the problem, evaluating the threat, deciding what to do, acting on that decision, and putting the warning in place. The warning was effective if those hearing it understood it and were willing to respond with action. A disaster warning must be specific about the danger, about what to do, about who was being warned, be issued by all possible sources, and be based on previous education. Current capabilities in Denton included the National warning system, the Texas Warning System, the Texas Law Enforcement Telecommunications, the National Weather Service, Skywarn, the Emergency Alerting System, cable television override, and a telephone/pager system. Additional possibilities included sirens, a telephone system network, future extensions of the emergency altering systems or others. A consensus of the cities which had early warning systems was that their systems were necessary for public safety but were ineffective in and of themselves. In addition to the sirens, there needed to be public education, a cable television override and an AM radio system. In most cities, the line of succession of the emergency management plan was followed. Smaller cities relied on their dispatch center to get out the warning. Physical activation usually was through a dispatcher. All levels of the intergovernmental system must cooperate to determine how the warning system would be funded, implemented, administered, maintained and eVnluated. The Denton State School, the University of North Texas and Texas Woman's University each had a siren system. Staff had three specific recommendations. One was the purchase of a system at a cost of $400,000 for 21 sirens. Council Member Cochran asked about the types of events for using sirens. Chadwick stated they would be used when the National Weather service issued a tornado warning. • Council Member Cochran asked if they would only be for tornados. Ross stated that they could be used for a chemical spill and only certain sirens in the immediate neighborhood would be used. J Council Member Cochran asked about the number of instances of this • type the City had in the last five years which would warrant such ` • a system. I Chadwick replied approximately two per year. Council Member Cochran asked for the price of the total system. Chadwick stated that the education section would add another $10- 20,000 per year. The second staff recommendation was to seek a.«... =1 7-j - 7 • • r City of Denton City Council Minutes June 10, 1997 Page 4 community partnerships with FEMA, private corporations, D1SD, UNT, TWU, the State School, Denton county, neighborhood associations, the hospitals and large nursing homes. Council Member Young asked if there were plans for shelters for people to go to. Chadwick stated that usually recreation centers and school sites were designated as shelter sites. Mayor Pro Tem Brock stated that several years ago there was a jail break from the county jail. There was a concern in the neighborhood that they were not alerted to the jailbreak. She asked if such a system could be used for that type of a warning, Chadwick replied yes that it could be used for any type of emergency. The third staff recommendation was to phase this project in over a three-year period as part of the CIP program. Mayor Miller felt that the AM radio station should be the first thing to do as many disasters happened during waking hours. it would provide immediate coverage during a 24-hour time period. For p a limited investment, it would provide better coverage than what the City had now. Council Member Beasley asked where in the CIP this would be placed. Chadwick stated that he was not sure of what process would be used-whether to make changes to the current CIP or place it in the next CIP. Kathy DuBose, Executive Director for Finance, stated that several funding methods could be used through the CIP such as issuing certificates of obligation or using surplus or one-time funding. Council Member Durrance suggested looking for additional ways to phase in the system. He felt that the AM radio station might be the first step. Sometimes the sirens were good and sometimes they • were difficult to hear. He suggested thinking about a combination of systems. He requested a coat breakdown on the cost implementation of each one of the systems. Council Member Young felt that a siren system was something which was needed now. He did not feel any further research was necessary on the issue. He recommended starting on a plan right now as the ® sooner one was put together would be better. Citizens felt such a I~ • system was needed. J Council Member Kristoferson felt that this looked like an excellent plan. She was concerned about the implementation and funding of the system. DuBose stated that any addition to the CIP at this time would require additional funding. The voters approved a five-year plan ` 1 _ l- • 0 City of Denton City Council Minutes June 10, 1997 Page 5 and the City was in the second year of that five-year plan. A proposal had been sent to the Planning and Zoning Commission and was coming to Council in the near future regarding the CIP. If Council wanted to begin right away, the project could go to the oversight Committee for a recommendation. Certificates of obligation could be issued without voter approval. Council Member Beasley felt that there was a need to proceed but to also continue to look for ways to fund the system. Mayo: ero Tem Brock felt there was a need to get other entities to participate so as to have a partnership. There was a need to do everything to bring the cost down and find other sources of funding. Council Member Cochran expressed a concern about the high cost of the system. He felt the voters needed to make a decision regarding the system and he would encourage such a vote. Mayor Miller felt there was a need to proceed on investigating the cost of a system. There might be other types of disasters which the system could be used for. He felt the City could proceed with some immediate alternatives and could work on a cost of implementing an educational system. Council Member Young felt that the education system should be started now but to also pursue as quickly as possible a siren system. Sirens would be used more than just for a tornado. Council Member Beasley stated that she was interested in proceeding with the project and to get specific facts on the prices of the sirens and information on other options. 4. The Council received a report, held a discussion and gave staff direction regarding proposed changes in the truck route ordinance. Rick Svehla, Deputy City Manager, stated that this proposal was to • use the northern route of Loop 288 for a truck route. Former Councils had considered this issue and expressed two concerns before implementation. The first was the installation of a sound wall on Loop 288 near the Town North Subdivision and the second was a traffic signal at Kings Row and Loop 288 which was an at grade crossing. The wail had been completed and the signal was installed in early March. The issue was taken back to the Traffic Safety • Commission in May which felt that the two issues had been addressed • • J and recommended the proposal to Council. Council Member Durxance expressed concern about the other end of the Loop by I-35. There were several ramps there and he was 71J concerned if this was used as a truck route, a truck would have to i go over the overpass making a hairpin curve onto the service road to enter I-35. He asked if them, were plans as to how that might feed into I-35 as a continuous ramp. ` 6 1 r. • 0 • • City of Denton City Council Minutes June 10, 1997 Page 6 Svehla stated that there were no plans at this point in time. The road was fully capable for taking the trucks and would require a slower speed from the frontage road. Council Member Durrance stated that he would be in support of this proposal as it would eliminate the traffic on University. He suggested looking into the possibility to find other funding for a free flow on-off ramp in the area. Svehla stated that the city could discuss that with TXDOT but felt that TXDOT would build the ramp if the City would provide the funding which could be as much as several hundred thousand dollars. Council Member Cochran asked how many trucks would be diverted onto the Loop. Svehla stated that part of that issue would be enforcement. If a truck had a delivery on University, it would be allowed on the street. The last truck traffic count was 18% of the traffic in the area. Most highways had 5% truck traffic. Because University was a major route to the quarries in the west, there was more truck traffic on University. Council Member Cochran stated that noise and safety were also concerns. Loop 288 was proposed to be a by-pass and was not functioning in that capacity. Council Member Young felt that it was a good idea to divert truck traffic off University Drive. The sand and gravel truck could still get around the City on I-35 and Loop 288. Council Member Kristoferson asked about the turning radius of the trucks. She asked if there was a good turning radius for the trucks either getting on or off the Loop or back onto the highway. svehla replied that going east was an easy turn. Going west to the Loop was a large radius. Within the next year to year-and-a-half, the State would begin working on Highway 380 from Loop 288 east to • Highway 377. The lanes under the bridge at Loop 288 would be wider for easier turns. i Council Member Beasley asked about the process if this proposal was accepted. Svehla stated that the City would have to talk with TXDOT for approval for the rerouting of the trucks as Highway 380 was a U.S. • • Highway. This should be much of a problem but might take some time. Consensus of the Council was to proceed as proposed. Svehla stated that staff would visit with TXDOT before returning to Council for formal consideration. lip I • • City of Denton City Council Minutes June 10, 1997 Page 7 5. The council received a report, held a discussion and gave staff direction regarding the Urban Forest Management Plan. Cecile Carson, Community Improvement Coordinator, stated that staff had been working on this project for over four years. The project started as a grant from the Texas Forest Service to do an inventory of street trees. There were 6,224 trees within 12 feet of the curb on primary and secondary arterials and collector ,streets. There was a need for some type of plan which would help with the maintenance of the trees, who would be responsible for the trees, how would new trees be added, etc. A grant from the Texas Forest Service in 1995 organized an urban tree management plan. The plan was divided into five categories which represented the foundation of how to deal with the urban forest. Topic areas related to safety, health, attractiveness, diversity and education. Various City departments, which were responsible for tree maintenance, were contacted to help identify primary and secondary contracts for dealing with each item. The recommendation included funding options for these various aspects. The Tree Board had prioritized I three of the four items to work on through private funding. Council Member Kristoferson asked how responsive the developers were to the Building With Trees Seminar. Carson stated that there was better representation from the University of North Texas than from the development community. Three developers were present along with an arborist. Council Member Durrance stated that there was a voluntary program by some citizens through utility billing. Carson replied correct. Council Member Durrance asked if the results were positive. Carson stated that research found 50 cities surveyed had a voluntary program. • Mayor Miller stated that there were three recommendations to consider. i Carson stated that the Trer Board had prioritized some of the projects. Those Included a Red Bud Trail which was approved in concept by Council last May, a tree hot line program and information on the Shade Keepers Program. • • o Mayor Miller asked if that included seeking possible funding from the Public Utilities Board. Carson stated that, if directed by council, they would like to pursue that avenue of funding. Mayor Pro Tem Brock stated that the funding issue was very important. It was also important to take care of the trees once i { I • • City of Denton City Council Minutes June 10, 1997 Page 8 they were planted so that funding for maintenance was important. The Public Utilities Board consideration would be a very first step. I Council Member Kristofc~rson asked if there was a consensus on the Tree Board for the amount of funding. Carson stated that at the May 13th meeting of the Keep Denton Beautiful Board, a recommendation was made for $.10 for a monthly amount not to exceed $.25. The Tree Board was looking for $.25 with one no vote and one abstention when voting for $.25. Council Member Beasley stated that this would be a voluntary prog-am for billing to utility bills. Carson replied correct. Beasley motioned, Brock seconded to approve the Urban Forest Management Plan and the funding issues associated with the plan. Council Member Young felt that $.10 was not enough. He felt it should be at least $.25 and not more than $.50. Council Member Kristoferson stated that the numbers supported the $.30 for the fee. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 6. The Council received a report regarding a renovation update for City Hall. Rick Svehla, Deputy City Manager, stated that the renovation work would redesign the building to be more the way the building was designed. New furniture would be purchased which would be compatible with the design of the building. There would be new audio visual equipment for the Council Chambers. June 17th would be the last City Council meeting at City Hall with the completion of the construction estimated to be August 30th. September 23rd would be the dedication of the building. The temporary City Council meeting location from July 1st through August 26th would be at the Denton Municipal Complex. The Executive Session would be in the Police Conference Room and the work sessions and regular sessions would be in the Central Jury Room. It would be possible • to have live television coverage of these meetings. The Planning I • and Zoning Commission would also be meeting at the Denton Municipal C'.mplex. The dedication of the renovations would be on September 23rd from 4:00-6:00 p.m. at City Hall. Project II involved the renovation of the Denton Municipal Complex in the areas of the Vision Room and the west wing of City Hall. Those renovations would include bringing City Hall up to building code and ADA compliance, Customer Service and the Tax Department would move to the DMC, all staff from the basement would move upstairs to the • • City of Denton City Council Minutes June 10, 1997 Page 9 west wing, new furniture would be provided along with a continuance to strive to meet the 1992 space study/plan goals. The Council would be considering contracts in the near future for some ui these projects. Council Member Beasley asked about CIP funding. Svehla replied that major portions were CIP but there were also matching utility funds and/or certificates of obligation and operating funds. The type ~f funding depended on the particular part of the project. 7. The Council received a report, held a discussion and gave staff direction regarding the results of the 1997-98 supplemental budget priorities questionnaire. Kathy DuBose, Executive Director for Finance, stated that the results of the questionnaire now included the new Council Members' priorities. All responses were compiled with aggregate scores. One ranking was by effort in which each service area was ranked as to reduce current effort, keep current effort, or substantially increase an effort. Another ranking was a priority ranking by effort and as reflected in the responses by priority. These rankings were used for budget preparation to develop the budget for Council consideration. Mayor Pro Tem Brock stated that there was much misunderstanding over the years regarding the priority section. She understood that it was not a priority of what to do but a priority of what was important which the City did. The service the City did might be high but the Council not want to increase the effort. Council Member Young asked if the individual comments were used. Dubose stated that they were reviewed when preparing the budget. Following the completion of the Work Session, the Council convened into a Special Called Meeting in the Council Chambers of City Hall. • 1. The Council considered approval of a resolution amending the Investment Policy for the funds of the City of Denton and designating the internal Auditor as an Investment Officer. Harlan Jefferson, Director of Fiscal operations, stated that the Public Funds Investment Act required that one or more investment • officers be designated. Currently the Executive Director of • • Finance and the Director of Fiscal operations were designated by the City. It was suggested that the Internal Auditor be designated as such due to his acceptance of another position. A resolution would have to be passed designating the internal Auditor as an Investment Officer and a resolution to amend the investment policy to remove her responsibilities to review the monthly reports. There were also a few other changes to the policy recommended by the Investment Committee and noted in the back-up materials. 0 - • • • City of Denton City Council Minutes June 10, 1997 Page 10 Council Member Young asked who the Internal Auditor reported to. Jefferson replied that she reported to the Executive Director of Finance. Council Member Young felt that since this position was the Internal Auditor, she should report to the city Manager. Jefferson stated that in terms of investments, it would not make a difference. Council Member Young felt that the position should report to the City Manager as there might be a conflict there. The following resolution was considered: NO. R97-026 A RESOLUTION AMENDING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON; DESIGNATING THE INTERNAL AUDITOR AS AN INVESTMENT OFFICER; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Beasley seconded to approve the resolution. on roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 8:40 p.m. JACK MILLER, MAYOR CITY OF D£NTON, TEXAS • JENNIFER WALTEPS CITY SECRETARY " CITY OF DENTON, TEXAS ACC00394 ' i I q • • CITY OF DENTON CITY COUNCIL MINUTES June 17, 1997 The City Council convened into a closed meeting on Tuesday, June 17, 1997 at 5:45 p.m, in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Durrance, and Young. ABSENT: Nonc 1. The Council considered the following in Closed Meeting: A. Conference with Employees Under TEX. GOVT COME Sec. 551.075. The Council may receive information from employees or question employees during a staff conference or briefing, but may not deliberate during the conference. The Council convened into a Regular Meeting on Tuesday, June 17, 1997 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas. PRESENT: Mayor Miller; Mayor Pro Tent Brock; Council Members Beasley, Kristoferson, Cochran, Durrance, and Young. ABSENT: None L Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of March 15 and March 22, 1997. Young motioned, Beasley seconded. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. • Mayor Pro Tem Brock requested that item 5 be moved to come after item 7. There were no objections. CITIZEN REPORTS 3. Citizen report from Teresa Caldwell regarding water service at Clayton Estates Mobile • Home Park. • 0 Nis. Caldwell was not able to attend the meeting. 1 ~i f tr • • City of Denton City Council Diii rtes June 17, 1997 Page 2 4. The Council heard a citizen report from Dessie Goodson regarding SPAN and the City of Denton. Nis. Goodson stated that she received a letter from Veronica Rolen which to her was a joke. R was mailed out May 28, 1997 indicating that his. Goodson was a valued customer. Ms. Goodson stated that SPAN and the City of Denton could care less if she rode the system. She also stated that she had the new schedule and that none of the signs were up to tell where the stops were and that there were not time stops at every one of the locations. She complained about having to stand outdoors in the bad weather waiting for the Trolley. The City of Denton has never put up the benches/shelters that the City was authorized to do two years ago. Nis. Goodson pointed out that in a booklet about senior citizens and aging, item number 5 stated that SPAN provides transportation, meals, home aide, counseling for people 60 years old and persons with disabilities. She questioned why services were not offered to her because she has a disability of epilepsy. She has been denied services on this system since 1994. She wonders when the City was going to learn what ADA and the Rehabilitation Act means. Ms. Goodson then staled that she was informed by the City that she owes $511.98 for service at 1508 N. Elm Street. She stated that she has never lived at that address. She complained about Mayor Pro Tem Brock trying to pay her bill and that she should have never been allowed to see her billing history since she was not "Dessie Goodson." Mayor Pro Tem Brock responded that she never saw his. Goodson's billing history; and even if she had asked to see it, the City staff would not have allowed her to do so because the City considers it a private matter. Nis. Goodson stated all of this was because of what Mayor Miller said about her in the newspaper. She wanted to know when this case is going to proceed forward. Mayor Miller reminded Ms. Goodson that she was there to make a citizen report. Ms. Goodson was informed that she had 30 seconds left for the closing of her citizen report. She was asked if she was finished with her report. Nis. Goodson wanted to know why the stop signs were not up for the trolley stops. She stated she would rather walk than ride the trolley because they still did not have air conditioning and • the trolleys continue to break down in the middle of the routes. Ms. Goodson said that she wanted to show Council Member Cochran her utility bill for $511.98. (Jhe timer rang ` indicating time was up.) She stated that we a.re not finished with this. MOCLAD1AT1ONS/A WARDS y 5. The Council received a presentation of the North Central Texas Council of Governments o William J. Pitstick Regional Excellence Award to Mayor Jack Miller. Mayor Pro Tern Brock made a presentation to the Council honorirg Mayor Miller for receiving this award June 6, 1997. This award was established five years ago to recognize someone in our sixteen-county area who has demonstrwed commitment to the concept of regionalism advocated by Bill Pitstick during his 26 bears as executive director of the Council of 1 &3! 71,a 11, • • City of Denton City Council Minutes June 17, 1997 Page 3 Governments. This award honored someone who supported strong local government as the basis for democracy while recognizing urban challenges and concerns often crossing jurisdictional boundaries and who therefore promoted coordination and cooperation among citizens and local elected officials for the betterment of the region as a whole. 6. The Council received a presentation of the 1997 Texas Forest Service Award. Cecile Carson of Keep Denton Beautiful presented the award in recognition of our local government partnership. The judges in this particular award stated that Denton had done an exemplary job of providing a public/private partnership to use property that was under-utilized at our water reclamation plant for the planting of trees and for providing a true destiny for Denton. The award was presented to Jim Coulter of the Water Reclamation Plant and to the Mayor and City Council. i 7. The Council received a presentation of an applicable proclamation. Mayor Miller proclaimed June 18, 1997 as Sean Redden Day. Sean Redden and his father received this award for the aid Sean gave a college student in Finland by use of the internet. PUBLIC HEARINGS Mayor Miller explained the public hearing rules. 8. The Council held a public hearing and considered adoption of an ordinance rezoning 27.749 acres from the Agricultural (A) zoning district to the Light Industrial (LI) zoning district. The subject property was located northeast of the Municipal Power Plant, approximately 2,700 feet east of Woou:ow Lane. (The Planning and Zoning Commission recommended approval 4-0.) David Hill, Director of Planning and Development, presented the staff report. The property was placed in Agricultural zoning in 1969; rezonings in the area to the west to Light Industrial occurred in 1983; and to the north rezoning to Light Industrial occurred in 1985. He said the areas would remain agricultural under the ownership of the City of Denton. Notices were • mailed May 16, 1997. Five property owners were notified of the pending action. No responses were received. The Planning and Zoning Commission recommended approval unanimously. The property was located in an urban center and was consistent with the Denton Development Plan. Council Member Young asked where the power plant was. He asked if there were any planned _ O improvements for Spencer Road. • O David Hill responded that there were not any planned improvements for Spencer Road as part of that particular project. I I • r • City of Denton City Council Minutes June 17, 1997 Page 4 Council Member Young asked if not, what would be built in there. He also wanted to know where the proposed road was. Council Member Young asked what would happen as far as infrastructure. David Hill responded that it would be used as Light Industrial; he believed that the Super Collider had been proposed. Shady Oaks was a potential road route, or Morse was being considered. Infrastructure concerns would be addressed at the time of platting. He said the land was vacant. Mayor Pro Tem. Brock clarified the point about Morse and Shady Oaks. She said the transportation thoroughfare plan targeted Shady Oaks as the extension because Morse Street went through the middle of a long-established residential area. Shady Oaks went through a strictly industrial area. Commercial traffic would interfere with the residential area. She wanted to know if Council would have input on the thoroughfare plan, David Hill responded yes. Rick Svehla, Deputy City Manager, said staff has talked to the owners about connecting at Shady Oaks rather than at Morse Street. It was agreeable, We would obviously review this as the plat comes in. Council Member Cochran asked how long the City has owned the property and for what use. Rick Svehla responded that the City bought it as extra land to be able to expand the Power Plant or Water Plant if they needed to. Several years ago, a land trade was made with Mr. Fouts (or the party he represented), after staff's recommendation to Council that we did not really need the property. Mayor Miller opened the public hearing. Rob Reiner, 1108 Dallas Drive, Suite 310, commented as petitioner on this tract. He pointed out that this was City-owned land and that it was zoned Agricultural. The only other Agricultural tract was City-owned land which abuts the power plant. It was part of the old • Clark Brother tract. We asked that it be zoned Light Industrial as well as the surrounding land to the north, east, and west. Council Member Durrance asked what the proposed use was for the land. P Rob Reiner said it was part of the isotope development and secondary markets to complement the isotope development. O O The Mayor closed the public hearing. J 1 f\ y. e e i - City of Denton City Council Minutes June 17, 1997 Page 5 The following ordinance was considered: NO. 97-161 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 27.749 ACRES OF LAND LOCATED NORTHEAST OF THE MUNICIPAL POWER PLANT, APPROXIMATELY 2,700 FEET EAST OF WOODROW LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned for approval, Beasley seconded. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye% Brock "aye" and Mayor Miller "aye". Motion carried unanimously, 9. The Council held a public hearing and considered adoption of an ordinance to rezone 77.6 acres ;rom the Agricultural (A) zoning district to the Planned Development (PD) zoning district and consideration of a development plan. This tract is located on the east side of Lillian S Miller, approximately 750 feet north of Robinson Road. (Z-97-013) (The Planning and Zoning Commission recommended approval 4-1,) David Hill, Director of Planning and Development, made the staff presentation. The subject property was an "L" shape with frontage on Lillian Miller; to the west, Denton State School; to the north, Sundown Ranch, which had been rezoned to SF-7; Denton West, a mobile home park, to the east; and the small GTE property between Johnson Ranch and Radio Station property on the south. The Denton Development Plan indicates development key characterisdcs. The minimum lot area that is being proposed was 6,000 sq. ft. The minimum lot dimension would be a 50-foot width, with a 100-foot depth. The maximum density would be five units or .1 lots per acre. The maximum yield would be 388 single-family homes. The property was originally zoned Agricultural in 1969. In 1984, it was rezoned from Agricultural to Planned Development for SF-2, MF, Office and Neighborhood Services. In 1992, the property was then A rezoned back to Agriculture. Nine property owners were notified of the intent to rezone. Two returned in favor, three opposed. A very small corner belongs to the third property owner. Total land area involved coines to 16% which meant the 20% rule was not in effect. Hill said the request was consistent with the Denton Development Plan. The site was located in a low- intensity area, and the Planning and Zoning Commission recommended approval, request 4-1. e Council Member Young asked if there were new roads to be built and would they go all the way • through. David Hill responded yes, there would be internal roads to the subdivision along with all other subdivision improvements. The internal roads would be exclusive to that subdivision. Council Member Young asked about the price range of the homes and lot size. • • City of Denton City Council Minutes June 17, 1997 Page b David Hill said the minimum lot size would be 6,000 sq. fl. The cost of the homes had not been indicated from the applicant. Council Member Kristoferson asked about lot sizes. She asked if there were any TxDOT improvements scheduled for 2181 and if traffic studies had been conducted to see how this would affect the neighborhood David Hill said the lot depth would have to be more :han 100; somehow they would have to come out to a minimum of 6,000 sq. ft. The+ivere no TxDOT improvements planned in the near future. A traffic impact analysis has not yet bekrt conducted. Staff looked at the traffic impact analyses conducted for the developments to the north which indicated there was enough capacity for Lillian Miller to continue operating at a level of C. Typically, the traffic impact analyses were required at the platting stage. Council Member Kristoferson wanted to know if the school district had been informed. f David Hill was not aware of a particular conversation on the subject, but commented that there was a continuing dialogue with the school district to try to respond to growth and impacts. Council Member Durrance asked if there had been any further discussion about drainage or about Lillian Miller increasing in elevation. David Hill said that the drainage would have to be worked out to the satisfaction of the City. Lillian Miller would be a cost bome by the developer in order to make sure proper services are provided to the residents or lots in the subdivision, Council Member Durrance wanted to know if there had been any traffic safety study or copsideration for a signal of some kind in the location. David Hill responded that $15,000 had been dedicated from both the Sundown Ranch Project and Wind River Estates developers for a signal; and depending on the outcome of the traffic impact analysis, a similar prorated amount would be expected from this development for that light. • Council Member Young asked if there were plans to widen Lillian Miller and if there was any green space. David Hill responded that there were not any plans to widen Lillian Miller. With the rezoning, it was hard to tell about the green space; it was a voluntary component of the DDP and had not 0 been determined because we had not seen a plat. Council Member Cochran asked if there was a traffic count on Lillian Miller prior to the development. He asked the potential increase in trips generated for this site if it gels the zoning, I David Hill said yes. I I • _l,__r 0 • • City of Denton City Council Minutes June 17, 1997 Page 7 Mayor Pro Tem Brock wanted to know why the current allocation of 4,656 intensity trips with Agricul!nral zoning would drop with the proposed zoning the intensity to 3,880 trips. David Hill explained the way the trip intensity was figured. Council Member Kristoferson asked additional questions regarding the 16%/opposidon. She asked if it were true that this development will have a higher intensity than the adjacent mobile home parks. She also expressed concern over the possible loss of the trees. David Hill said that they did a few calculations. Lakewood to the south was 4.9 units per acre and Denton West to the east was almost 6 units per acre; for a comparison, the proposed was 5 units per acre. Council Member Durrance followed up on Council Member Kristoferson's point. He said the backup stated the intensity level of the proposed development would actually be more than the mobile home parks. This would be zoned as SF residential homes. David Hill said the intensity would be more or less the same and that it would be exclusively residential homes. F Council Member Cochran asked what would be the difference in the number of homes between an SF-6 versus SF-7. David Hill said he would get those figures to him before they deliberate. The Mayor opened the public hearing. Otis Lee, Civil Works Engineering of Fort Worth, Texas, spoke in favor of the petitioner. He stated that there were some concerns expressed in the Planning and Zoning meeting and efforts had been made to speak to many of those individuals. Mayor Miller asked how many lots there would be with the proposal. • Otis Lee calculated 4.5 units per acre maximum, which was approximately 350 lots maximum. Otis Lee continued by saying that the area along the front of Lillian Miller increased lot sizes " in order to save more of the trees and to create a more presentable entryway. He stated that they are trying to protect as many of the trees as possible. i Council Member Young asked if it would have Denton water and sewer. • O • Otis Lee stated it will comply with the City ordinance which would be public water and sewer. Council Member Young asked how many streets and sidewalks would be provided. On drainage, h:, questioned how many acres the retention ponds would be, and if there would be green space or a neighborhood park provided and a neighborhood asvxiation. • • r 1 City of Denton City Council Minutes June 17, 1997 Page 8 Otis Lee responded that they would probably be limited to two entryways. Internally, there would be a significant network of streets to be able to access all of the lots, and it would include sidewalks. Approximately four acres would be dedicated toward retention ponds and flat open space which could be used as a neighborhood park. Nothing had been decided about a neighborhood association. Council Member Cochran asked how wide would the SF-7 buffer zone be and how the roads were laid out. Otis Lee stated the buffer zone is 2S0 feet wide and covering approximately 22 acres. The standard on road layout would be 290 feet and/or two lots. Council Member Durrance asked if they had any disagreement with the intensity figures previously stated. Otis Lee said no, those trips were typical uses by traffic standards. fhere were no other persons speaking in support. Speaking in opposition was: R. J. Sutton, 3939 Teasley Lane, a developer, owner and operator of investment properties for 35 years, spoke in opposition, He believed the Johnsons had every right to sell and develop the property. One of the main concerns was the traffic. Another of his concerns was that every drop of runoff from the property would run across the street to his Denton West or Lakewood Estates property. He felt they would be impacted the most by the density of the development. He would be in favor of it if it was developed as SF-7. He said the develop,-lent would be so dense that there will be no room for the children to play. Mitchell Turner, 2118 Stonegate, spoke in opposition. He objected because it would adj 3,880 vehicle trips a day to FM 2181 most of which would feed into Teasley and Lillian Miller. One hundred twenty-five percent of the allowable intensity had already been allocated. The infrastructure and intensity area 77 was inadequate to handle the traffic for the acreage already ® zoned, and in the foreseeable future there was no solution. He answered Council Member Beasley's question from earlier. (Handed out some material.) He stated that this material was revised in 1995 and again on May 2, 1997 and indicated that the intensity would increase from 125 % to 127%. He knew that the Council had already ra;eived letters of concern about existing traffic problems in this area and felt making the lot size 7,000 sq. ft. instead of 6,000 sq. ft. would be acceptable. If the developer would not compromise, he recommended that the Council • deny the request. O • Elizabeth Gordy, 713 Lafayette, spoke in opposition. She said there had been some precedent set with the development of Sundown Ranch, and she understood that. She wants the trees preserved; even with an SF-7, too many trees would be lost. Trees increase the value of the property. She cited an article in the Denton Record-Chronicle (June 6). She said that there have 1 • r • City of Denton City Council Minutes June 17, 1997 Page 9 been too many properties clear-cut, and the developer should replant those trees and raise it at least to an SF-7. Richard Simms, 2214 Stonegate, supported the rezoning of the property but strongly oppose any 6,000 sq. ft. lots. There were 25 acres of virgin oaks, one of the largest stands of native oaks in this city. He thought it was a happy coincidence that the City got the Texas Forrest Service Award. He believed the property owner had the right to develop their property but also believed in the rights of those that live in the area-it impacts everyone. He questioned, whether it would generate enough tax dollars with the SF-6 to cover the cost of services and requested that the Council require a minimum lot size of 7,000 sq. ft. and even a larger square footage minimum in the native oak forest in order to save as many of the trees as possible. Roland Vela, 729 Ridgecrest, asked that the Council grant only SF-7 and not lower than SF-7. He said anything less than SF-7 will make the quality of life unbearable. This was one of the most beautiful spots of Denton. Vera Gershner, 2312 Stonegate Circle, summarized the situation in the words of youth as the "PITS." The "P" stands for the need for a plan-planned development, "l" stands for intensity and impact, "T" stands for traffic or for trees, and "S" stands for the services. She thinks it is terrible to cut down the oak trees. She was also concerned that homes that size will not generate the kind of school taxes that it takes to support the projected number of children in the schools. The key was what kind of quality of life do we want to have in Denton. Petitioner was given 5-minutes to respond. Otis Lee said they did fall under the Denton Comprehensive Land Plan. They would be required to provide detailed plans and was also concerned about the traffic. He stated there was a plan to upgrade the road at some ti me; it was on the thoroughfare plan. He said that they will do all they could to preserve the trees and upgrade the lot size. Council Member Young asked about the plans to upgrade the streets and asked if they had any areas planned for children to play. Otis Lee responded that the street upgrade was in the thoroughfare plan. Other than the 4-acre retention area, they would look at the detailed plan. They did not have a specific plan for a play area at the time. Brock motioned for approval with two conditions added: one, the. minimum lot size would be 7,000 sq. ft.; two, with the site plan the developer would present a tree preservation plan which • would be a significant percentage of the existing trees. The number of trees removed would • have to be replaced with additional trees, but with strong emphasis on preservation of the native oaks. Cochran seconded the motion. I + i • • City of Denton City Council Minutes June 17, 1997 Page 10 Mayor Pro Tem Brock commented that she had done a lot of reading on the new urbanism and the need for the public education process. Sometimes 6,000 sq. ft. lots were more desirable from the point of view of impact on schools and traffic than 7,000 sq. ft. due to the market and the homes being bought by empty nesters (retirees, no children). Due to the traffic issue and concerns, she proposed and supports the 7,000 sq. ft. minimum. She also thought the tree preservation requirement would make some of the lots larger than 7,000. She used a reference of Highland Park Circle, which was very desirable property and has several native oaks that were preserved. The tree preservation ordinance only applied to non-residential areas, but most developers realize that a tot with native trees on it is more valuable-can be sold for more. She hoped that they would make a stand in preserving the native oaks. Cl-mcil Member Cochran commented on the problem of traffic being taxed to the maximum. He w :ks in favor of the 7,000 sq. ft. minimum. He felt that it was a reasonable compromise that would rot hamper the development of the property but made it perhaps a more financially rewardin, project. He supported the motion. Council Mailer Year.; said he supported the motion even though they were telling people what they could and could not do on their property. He believes that the government should not tell people what they can do on their property. The original plan already complied with the DDP as it was proposed with the SF-6. He had some concern over the trees and the developer 4 indicated the same concern. He felt the need for the preservation condition was not necessary. Council Member Durrance stated he would be voting against this motion. He needed additional information on several areas. He thought these things should be solved first before going on. One of his concerns was accessibility and safety; the second was intensity of 127% or greater in trips; third was drainage problems in the area; parks and green areas was another concern; and the need to do a better job of coordination with the school district. It is a beautiful area and they should try to preserve it, if possible, by having solid evidence and better clarification. Council Member Kristoferson supported the motion but agreed with the concerns of traffic, lack of recreational area, 1,400 new homes being added to the school district and drainage. She liked very much the condition for preserving as many of the natural resources of Denton. Council Member Beasley expressed concern with the traffic in the area. She felt the neighborhood stated several good reasons why this should be SF-7. She agreed with those and supported the motion. Mayor Miller supported the motion. He stated that, with a growing community, traffic would be a continued issue. There would not be a DFW airport if we had waited on better traffic • conditions. Development cannot stop due to traffic. We can work as a community to improve • O J traffic conditions. The 1,400 homes will add to our utility services, school district, and drainage, but they will not all be built at one time. The increase would be spread over years. We do not dictate what they do with their property, but we do have to decide according to our development plan, the community concerns and the quality of life issues. We have a responsibility as local government. The drainage issue would be addressed with the developer e • City of Denton City Council Minutes June 17, 1997 Page 11 at the time of platting. This community has several drainage problems. He supported the proposal for the 7,000 sq. ft. and tree preservation. The following ordinance was considered: 10. NO. 97.162 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE PLANNED DEVELOPMENT 162 (PD-162) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY APPROVING A DEVELOPMENT PLAN FOR A 77.6 ACRE TRACT LOCATED ON THE EAST i SIDE OF LILLIAN MILLER, APPROXIMATELY SEVEN HUNDRED FIFTY (75U) FEET NORTH OF ROBINSON ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. II Motion vote. On roll vote, Beasley "aye", Krisloferson "aye", Cochran "aye", Durrance "nay", Young 'aye', Brock "aye" and Mayor Miller "aye". Motion carried 6.1. Council Member Cochran addressed Council Member Durrance's concerns. He said they could be addressed in the Comprehensive Zoning Ordinance and the Denton Development Plan a rewrite in the summer. Mayor Pro Tern Brock responded to Richard Simms' question regarding whether enough taxes would be generated to pay for services-she said residential would not pay for itself. She said she could get him figures on that if he would like. CONSENT AGENDA Kristoferson motioned for approval, Beasley seconded to approve the Consent Agenda and the underlying ordinances. On roll vote, Beasley "aye", Kristoferson "aye% Cochran "aye", Durrance "aye', Young "abstain", Brock "aye" and Mayor Miller "aye". Motion carried with • a 6-0 vote. r 11. NO. 97-163 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR ! SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2051 - Mailing Service) ! ® 12. NO. 97.164 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR • • . _ P City of Denton City Council Minutes June 17, 1997 Page 12 SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 92052 - 300 KVA Distribution Transformers) 13. NO. 97-165 AN ORDINANCE APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND DELHI GAS PIPELINE CORPORATION FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2047 - Natural Gas) 14. NO. 97-166 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDSTHEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2048 - Boyd Street 6" and McKinney Street 8" Water Line Replacement) 15. NO. 97.167 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2053 - Bore Crossing at North Locust and University) 16. NO. 97-168 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH CORGAN ASSOCIATES, INC. FOR PROJECT 11 OF THE RENOVATION OF THE DENTON MUNICIPAL. COMPLEX • (DMC) AND CITY HALL; AND PROVIDING FOR AN EFFECTIVE DATE. 17. NO. 97-169 ' AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM • ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW • • EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O. 975363 -Advanced Control System) O i • City of Denton City Council Mi,:% les lune 17, 1997 Page 13 18. NO. 97-170 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O. #75676 - Motorola) 19. NO. 97-171 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNTY OF DENTON RELATING TO PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS WHICH PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; PROVIDING FOR AN EFFECTIVE DATE. 20. NO. 97-172 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ADS ENVIRONMENTAL SERVICES, INC. FOR ENGINEERING SERVICES FOR THE WATER/WASTEWATER ENGINEERING 1997 SMOKE TESTING PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. ITEMS FOR INDIVIDUAL. CONSIDERATION 21. The Council considered adoption of an ordinance amending portions of Section 18-53 of the Code of Ordinances of the City of Denton to remove from the truck route a portion of U.S. Highway 380 from its intersection with Interstate Highway 35 to its intersection with Loop 288; to remove from the truck route a portion of Prairie Street from its intersection with Locust Street (F.M. 2164) to its intersection with Bell Avenue; providing for a repeal of any ordinance in conflict therewith; and providing for a severability provision. Rick Svehla presented the staff item. This was to consider a truck route on Loop 288 and removing that portion of 380 from 1-35 to Loop 288. The two previous concerns have been built (the sound wall at Town North and the signal at Kings Row/288). If the Council approves the staff would coordinate with TxDOT for the signing of the truck route as well as other agencies. Council Member Kristoferson asked if we would work with UNT to make the number of truck O stops measurable. O O Rick Svehla said yes, but the quantifying was done by the NCTCOG staff. Mayor responded that he served on the regional transportation council, the statistics have been developed by our region (not just Denton). In total, we would be coming intocompliance within the next two or three years. • 0 City of Denton City Council Minutes June 17, 1997 Page 14 Council Member Durrance asked if we were going to continue working with TxDOT and other federal applications with regard to the west side of the Loop for interchange and flow, Rick Svehla said yes, staff has taken preliminary looks and would continue to monitor that. There was already a significant amount of truck traffic on the Loop, and they were already making all the movements. Herb Prouty, City Attorney, mentioned one change in the ordinance. A penalty clause was added of a maximum $200 fine for violation of the ordinance. The following ordinance was considered: NO. 97-173 AN ORDINANCE AMENDING PORTIONS OF SECTION 18-53 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO REMOVE FROM THE TRUCK ROUTE A PORTION OF U.S. HIGHWAY 380 FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 35 TO ITS INTERSECTION WITH LOOP 288; TO REMOVE FROM THE TRUCK ROUTE A PORTION OF PRAIRIE STREET FROM ITS INTERSEC'T'ION WITH LOCUST STREET (F.M. 2164) TO ITS INTERSECTION fl WITH BELL AVENUE; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT THEREWITH; AND PROVIDING FOR A SEVERABILITY PROVISION; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Durrance seconded. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 22. The Council considered adoption of an ordinance authorizing the City Manager to act on behalf of the City of Denton in executing an easement modification agreement with HillwoodlOakmont 11, Ltd. Rick Svehla presented the item. This was a blanker easement in 1994-95, we amended that to • a narrower 100 ft, easement in 1995. There was one reference to a prior easement that was left out of the descriptions. Adoption would allow the Manager to include that and clarify title and all other items that go with property changing hands. The following ordinance was considered: • NO. 97-174 • • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF ~J OF THE CITY OF DENTON IN EXECUTING AN EASEMENT MODIFICATION AGREEMENT WITH HILLWOODIOAKMONT II, LTD.; AND PROVIDING AN EFFECTIVE DATE. • • ..r City of Denton City Council Minutes June 17, 1997 Page 15 Beasley motioned, Brock seconded. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 23. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract between the City of Denton and Michael Tyrone Ebron; authorizing the City Manager to execute any and all documents necessary to consummate the purchase of real property in accordance with said contract; and authorizing the expenditure of funds. Ed Hodney, Director of Parks and Recreation, presented the item. The ordinance would allow us to purchase two of the five lots that have been budgeted this current fiscal year to expand Phoenix Park. Fair market value had been established at $10,000 per lot and $25,000 worth of funding was available. Council Member Beasley asked about the five lots cross-hatched on backup. She was confused as to what we are buying. Ed Hod,tey explained with a larger map what lots were to be purchased. The City was only acquiring a total of five of the seven existing lots on the north side of the park but at this time we were trying to purchase only two of those five lots. Council Member Kristeferson heard that these lots were in the flood plain. She asked if that would make this used just for playing fields or practice fields or could you install playground equipment. Ed Hodney responded yes, playground equipment and shelters could be built. Council Member Young asked if this park had plans for new playground equipment in the CIP and would there be a soccer field. Ed Hodney responded that the playground equipment would be funded through CDBG funds (the 1 money was approved about two years ago), and bond funds for soccer goals and picnic equipment were approved in this last bond. We have money approved to upgrade this park. The following ordinance was considered: NO. 97.175 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND MICHAEL TYRONE ` • EBRON; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO CONSUMMATE THE PURCHASE OF REAL PROPERTY IN ACCORDANCE WITH SAID CONTRACT; AND AUTHORIZING THE EX?ENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. I • • City of Denton City Council Minutes June 17, 1997 Page 16 Brock motioned, Young seconded. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye% Durrance "aye", Young "aye% Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 24. The Council considered adoption of an ordinance authorizing the filing of an application with the U.S. Department of Transportation, Federal Transit Administration for a grant under the Urbanized Area Formula Program authorized by Title 49, U.S.C. Section 5307. Veronica Rolen, General Government Administrative Assistant 11, stated that the ordinance would authorize the City Manager to submit an application for funds to be used for public transportation in Denton. The funds ($369,450) were appropriated by Congress for FY 1998, only $121,250 had been approved for system operations. Staff continues to work with COG to increase operating funds. The budget proposal was based on current expenditures. Capital equipment would include necessary equipment to maintain the vehicle fleet. The estimated local match would be $129,598 unless the proposed level of funding was not approved, which may mean additional local funds. Council will be notified when we receive final word from FTA. Council Member Young asked how long will it be before you know something from the federal government. Veronica Rolen stated approximately two months after authorization from Council. I Council Member Young questioned if money would be spent on shelters and benches. Veronica Rolen responded that additional funds were not requested for shelters and benches in the new grant. The current budget has funds for benches and shelters, and we will be coming to City Council on July 15 for approval of purchase. Council Member Young commented that he felt the bus service was an asset to the City. Many individuals do depend on them. The following ordinance was cc 'erect: • NO. 97-176 AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION FOR A GRANT UNDER THE URBANIZED AREA FORMULA PROGRAM AUTHORIZED BY TITLE 49, U.S.C. SECTION 5307; AND • PROVIDING AN EFFECTIVE DATE. • • Young motioned to approve, Cochran seconded. On roll vote, Beasley "aye", Kristoferson "aye% Cochran "aye", Durrance "aye% Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. • e . I City of Denton City Council Minutes June 17, 1997 Page 17 i 25. The Council considered adoption of an ordinance authorizing the Mayor to execute a contract for the collection of delinquent property taxes. Jon Fortune, Chief Finance Officer, presented the item. He stated that the ordinance and contract was to approve the hiring of the law firm of Blair Goggins and Mike Gregory to collect delinquent taxes. It would be a three-year contract and included a 30-day termination notice. Council Member Kristoferson thought the contract was for two years. Jon Fortune responded that the proposal was for a three-year contact; prior to that it was a two year contract. It was stated that this was the City Manager's recommendation that the contract be extended one additional year than what we previously had. Brock motioned for approval, Durrance seconded. Council Member Young stated he did not feel that Blair Goggins would match the efforts of the company that had the contract last year, and he was against the motion. Council Member Cochran felt that Council Member Young had issued a challenge to Blair Goggins, and he hoped the company could prove him wrong. Mayor Miller disagreed with Council Member Young because he felt voting in favor of Blair Goggins will be in the best interest of citizens. The following ordinance was considered: NO. 97.177 AN ORDINANCE AUTHORIZING THE MAYCA TO EXECUTE A CONTRACT FOR THE COLLECI70N OF DELINQUENT PROPERTY TAXES; AND PROVIDING AN EFFECTIVE DATE. • On roil vote, Beasley 'aye% Kristoferson "aye", Cochran "aye", Durrance "aye", Young 'nay', Brock 'aye' and Mayor Miller "aye". Motion carried with a 6-1 vote,' 26. The Council considered adoption of an ordinance authorizing the City Manager to execute two amendments of lease agreement respecting real property, between the City of Denton and • Enserch Corporation, providing for the drilling of natural gas storage wells incident to Lake e Dallas Gas Storage Facility, and for a change of rental terms. .J Howard Martin, Director of Environmental Services, presented the item. In February, the Council approved a purchase of 245 acres adjacent to and immediately north of our Wastewater Treatment Plant. That purchase included an existing lease agreement with Lone Star Gas, now referred to as Enserch Corporation, which provided for a natural gas storage reservoir. The • • City of Denton City Council Minutes June 17, 1997 Page 18 original lease between Lone Star Gas and the cowhands dated back to 1966 and provide annual lease payments of $4,800. Shortly after the purchase of the property, the City was approached by Enserch with need to construct an additional well on the reservoir due to growth in the Denton area. The City reviewed and amended the lease agreements to comply with their request. The first lease agreement incorporated the plant site (6.98 acres), the second agreement included three active well sites. The amendment also provides for the construction of new well sites as needed on existing property. The term agreement would remain intact, as long as the facility was actively utilized. Council Member Cochran stated he was fascinated by the facility and wanted to know how deep the wells were, how much do they hold, and how many facilities were there in the metropiex, Gale Boline, with Enserch, responded to Council Member Cochran that the reservoir at the strong formation was 2,850 feet. It holds 2.8 BCS of natural gas. Enserch has seven facilities in north Texas. Mayor Pro Tern Brock wanted to know if the increase was based on the consumer price index. Howard Martin stated no. We had looked at several ways to value the property into today's dollars. Herb Prouty, City Attorney, noted a change allowing the City Manager to execute the two amendments as well as a memorandum of lease. The following ordinance was considered: NO. 97-179 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE TWO AMENDMENTS OF LEASE AGREEMENT RESPECIING REAL, PROPERTY, BETWEEN THE CITY OF DENTON AND ENS ERCH CORPORATION, PROVIDINf FOR THE DRILLING OF NATURAL GAS STORAGE WELLS INCIDENT TO LAKE DALLAS GAS STORAGE FACILITY, AND FOR A CHANGE OF RENTAL TERMS; • AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Young seconded z adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller 'aye". Motion carried unanimously. 27. The Council received a report and held a discussion regarding the proposed 1997-2002 • Capital Improvement Program. Jon Fortune presented the Sth year of the plan recommended by the Planning and Zoning Commission. Fortune noted that the first three years represented the recommendations of the citizens' Blue Ribbon Committee and were approved by the voters in February of 1996. He briefly went over the new projects being recommended. • • City of Denton City Council Minutes June 17, 1997 Page 19 j Council Member Young asked what the miscellaneous drainage funds were for; also how far down the line was the Fred Moore project. Jon Fortune recounted that the current CIP, the Blue Ribbon Oversite Committee and voters approved of miscellaneous funds in each of the five years. There was a street list on which the Committee made recommendations to fund particular projects with that sum of money. It would give staff leeway to do some smaller projects from time to time. Rick Svehla said the Fred Moore project was part of the Pecan Creek IV, but it would be approximately three years out. i Council Member Young asked about the lining of the creek in Township 11 and how could we get it done. f Rick Svehla said it could be added to miscellaneous drainage projects or could be added as a specific project. To add it, Council could direct us to add it to the miscellaneous drainage fist or not approve the projects recommended and request that we add it to the projects. Council Member Young requested it be added to the miscellaneous drainage list for consideration. Mayor Pro Tern Brock asked if this request was the same as currently listed. Rick Svehla said he did not have the specific list with him, but he thought they were different projects. The item would be added as requested. The Ovcrsite Committee would consider that list next year when we sell bonds in Mareh. To get it on the 5th-year's list, you would have to list it as a specific project; to do that, the Council would have to adjust the total of the bonds to sell or take something off the list. Council Member Young invited the Council to attend a neighborhood meeting in Township 11 next Thursday on San Gabriel at 6:00 p.m. ' Jon Fortune concluded the presentation of the General Fund and proceeded to the Utility Fund • of the C1P. Council Member Cochran asked what the DMC cost for utilities was for. Jon Fortune believed that was the utilities portion of their cost to be allocated for that building. ® Ted Benavides, City Manager, explained that they benefit from the customer service operations being housed in the DMC building, so a portion of the cost was allocated to them. Mayor Miller pointed out the item Regulatory Disinfection Modification of $6.5 million. It was an expenditure that we make; we do not get one additional penny of revenue to cover that. We wonder why water costs go up. This allows us to have good water and a safe environment, bt.t • • City of Denton City Council Minutes June 17, 1997 Page 20 j it does not contribute to revenue. It was a cost item; it is one-fifth of the capital improvement of that five-year period. Council Member Young asked when would the Pecan Creek Bridge project get started. Jon Fortune stated that it was currently scheduled for the year 2001-2002. Mayor Pro Tem Brock asked if the Mayhill/Loop 283 connector road was allocated for right-of- way. On the Collins Street project, she asked if that was the earliest it would be considered. She felt it desperately needed attention. Willowwood paving and drainage-she thought it should be curbed and guttered (McCormick-west). It would seem that this neighborhood could qualify for block grant funds. The area is highly traveled (to the school, to Denial and in very poor condition. Rick Svehla said no. It was actually building the road with the assumption that the landowner would dedicate the right-of-way. The Collins Street project would be considered in 1998-99. The Willowwood project was to be paved two-lanes wide or 25 feet. Jon Fortune added that in September we will make our presentation to Council to approve the resolution for the first year. Council Member Young wanted to know if C1P funds could be used for an infill project. Jon Fortune said yes, if the project would be capital-related. Ted Benavides commented that it would have to meet the scope of what was approved. 28. The Council considered nominations/appointments to the City'a Boards and Commissions. Durrance motioned to table until July 1, Kristoferson seconded. Council Member Young asked to continue with the process. He did his homework and was prepared to continue. • Council Member Kristoferson said she just got the information today and had not had a chance to look at it. Council Member Cochran said he was ready to make a couple of motions. • Council Member Beasley said she would rather wait so that all members would be prepared, I~ • • On roll vote, Beasley "aye", Krisloferson "aye', Cochran "aye', Durrance "aye", Young "nay", J Brock 'aye' and Mayor Miller "aye". Motion carried with a 6-1 vote. 29. Miscellaneous matters from the City Manager. • • c' _ _ - , ,..r,.,,. 'e • y : .i i, i~r i ~\;r' n.`. '~i~71i.1~°yt: ~''~"~lf'.;~l~e~i!r}.kr:.~ .^5'•.k2y City of Denton City Council Minutes June 17, 1997 Page 21 Ted Benavides, City Manager, had no matters for the City Council at this time. 30. New Business Suggestions were made for future agendas. Mayor Miller reminded everyone that the next meeting would be July 1 at the DMC on Fast Hickory Street. Council would convene meetings there during the months of July and August. There will be plenty of seating, live television, and a meeting room for our closed session (in the Jury Room, left at main entrance of Police wing). Mayor Pro Tem Brock asked that Council consider a date at the July I meeting to mow and pick up their adopt-a-spot. Mayor Pro Tern Brock recommended that Council look at the park dedication policy. She would like a report on what the park dedication policy was. Council Member Young asked that the City Manager look at the process to get Carpenter and Mayhill Road waterlsewage improvements thro::eh the community block grant. 31. The Council did not have a crn,tinua ion of the closed meeting. With no further business, the meeting was adjwrned. JACK MILLER, MAYOR CITY OF DENTON, TEXAS VERONICA ROLEN DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS AAA05263 0 i p: R ~ v 't i Ao.nda f1eV- AgInds Item L . 4ale 9 CITY OF DENTON, TEXAS 0, UNIOPAL SOLD1NG • DEN_TON, TEXAS 76201 • TELEPHONE (817) 566.=7 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMs Ted Benavides, City Manager DATE: September 2, 1997 SUBJECT: Request for Exception to the Noise ordinance for a Mexican Rodeo Fundraiser on Sunday, September. 21, 1997 from 2:00 p.m. until 9:00 p.m. at the North Texas State Fair Grounds. BACKGROUND: Ms. Tomasa Garcia, Chairperson/CEO of the Denton Hispanic Chamber of Commerce is requesting that the City Council grant an exception to the noise ordinance for their Mexican Rodeo Fundraiser. The event is scheduled to take place at the North Texas State Fair Grounds from 2:00 p.m. until 9:00 p.m. on Sunday, September 21, 1997 (Attachment 1.) As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10:00 p.m. Monday through Saturday and anytime on Sunday (Attachment 2). The ordinance does, however, provide that the City Council may make exceptions when the public interest is served. PROGRAMS, DEPARTMENTS. OR GROUPS AFFECTED: • Area residents. r FISCAI, IMPACT: None. • Please advise if I can provide additional information, f • f 'Dedicated to Quality Service" 4 fig • September 2, 1997 Page 2 RESPECTFULLY SUBMITTED: Ted Benavides City Manager Prepared By: Veronica S. Rolen Administrative Assistant II Approved By: d B tty lliams Assistant to the City Manager Attachments: 1. Request from Tomasa Garcia 2. Noise Ordinance I P • l • • , r " 4 kti! • f ? ~ ..6.n s a t+'::\wrw r~rL. J. :P O"n'u^.1",'Y?L•;]]~.Y;:,r'r"tMl47iJeN WJ'~HaWwww 1'0MASA L. GARCIA 8173625661 08/14/1997 05:52:58 PM P.2 DENTON HISPANIC CHAMBER OF COMMERCE TOMASA L GARCIA, M.ED. Tetephone 811!5832901 CHAIRPERSON/CEO fax817/382-5681 1607 E. MCKINNEY, SUITE 900 P.O. BOX 425976 DENTON, TX 76204 ff ~r AUG 15199) August 14, 1997 ANAGFR,SO FFIOF Mayor Jack Miller 215 E. McKinney Denton, TS 76201 Dear Mayor Miller, l 1'hc Denton Hispanic Chamber of Commerce is requesting a noise exception for September 21, 1997. We are planning a Mevcan Rodeo fundraiser for September 21, 1997 from 2:00 to 9:00 p.m. Your support in this matter is greatly appreciated. cS iincerameennte, .JOmaaa tfarda Tomasa L. Garcia 1 II • • 3 Mg~ • • s . Chapter 20 NUISANCES' Art. 1. In General, 20.1-20.30 Art. 11. Abandoned Property, 20.31-20.70 , Div. 1. Generally, It 20.31-20.40 Div, 2. Motor Vehicles, It 20.41-20.70 Art. III. Grata and Weeds, it 20.71-20.73 ARTICLE I. IN GENERAL Sec. 20.1. Nolss. ai it shall be unlawful for any person to make or cause any unreasonably loud, dia• turbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. ib1 It shall be unlawful for any person to make or cause any noise of such character, intensity and continued durationws to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. icl The following acts, among c:hers, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: 11 The playing of any phonograph, television, radio or any musical Instrument in such manner or with such volume, particularly between the hours of 10:00 p.m. and 7 00 a m.. as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen- sibilities in any dwelling, hotel or other type or residence; i2) The use of any stationary loudspeaker, amplifier or musical instrument in such manner or with such volume ais to annoy or disturb persons of ordinary sensibilities in the immediate vicinity thereor, particularly between the hours of 10.00 p.m. and 7 00 \ a.m., or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday, provided, however, that the city council may make excepti is upon application when the public interest wil}be served thereby; • i31 This blowing of any steam whLtIe attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to give notice of this time to begin or stop work or as a warning of danger, W The erection, excavation, demolition, alteration or repair wort on any building at any time other than between the hours of 7.00 a.m. and 8.30 p.m., Monday through ® • 'Gros rafore nea-Protected migratory bird roosts declared nuisance, 16-67. inspection i and abatement warrants, ! 19.88 et sp.; insect and rodent control in mobile home and rec• reational vehicle parks, 132-91. supp. No. 1 1389 • • 120-1 DENTON CODE Saturday; provided, however, that the city council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and convenience; 151 The creation of any loud and excessive noise in connection with the loading or un- loading of any vehicle or the opening or destruction of bales, boxes, crates or con- tainers; , (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, sale otmerchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1466, 44 14.20, 14.21) Cron reference-Animal noise. 4 6.26. Sec. 20.7. Odors. (a) It shall be' unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persona of ordinary sensibilities in the immediate vicinity thereof. (b) it shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere with the comfortable All enjoyment of private homes by persons of ordinary sensibilities. W The following acts or conditions, among others, am declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals cars kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; (2) Offensive odors from privies and other simila: places; (3) Offensive odors from the use or possessioa of chemicals or from industrial processes or activities which disturb the comfort and repose of persona of ordinary sensibilities; (4) Offensive odors from smoke from the burning of trub, rubbiah, rubber, chemicals or other things or subotaoces; (5) Off"vo odors from stagnant pools allowed w remain on any promises or from rotting garbage. n11sa. offal or dead animals on any promises. r (Code 1968, if 14,22. 1425) Sec. 20.3. Garbalj% trasb sad rubbish nulsaaosa-Gent rally. (a) Snoring or a trash and rubbish. The storing or keeping of any and all • refuse, Junk, old can or machinery or parts thereof, stacks, heaps or piles of of old d lumber, t, f~ garbage, trash, rubbish, scrap matariai. ruins, demolished or partly demingbany prude rres or buildings, piles of stones, bricks or broken rocks on any premises pub street 1390 9upp. No l S e • Apohde No. Agenda ite Date CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehia, Deputy City Manager DATE: September 2, 1997 SUBJECT: Hold a public hearing and consider an ordinance approving a detailed plan of 56.639 acres in Planned Development 90 (PD-90) for detached, single-family residential development and duplexes. The subject property is located between Sherman Drive and Kings Row, approximately 1,500 feet northeast of the Kings Row Intersection. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the request (7.0). SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None, i i • ~,.•.--ter--~-"",~ • M • Please advise if I can provide additional information Respectfully submitted: Rick Svehla Deputy City Manager Prepared by: Walter E. Pte-eV AICP Urban Planner k Approved by: y ;DH ill, AICP, Aof Planning Attachment #1: Planning and Zoning Commission Report. Attachment #2: Ordinance. Attachment #3: Draft minutes of 8/13/97 and 8/27/97 P&Z meeting. A l r O ` i • 1 i CIS. ,y, 'r > ! f Y ✓ .;1 . R • • ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT To: City Council From: Planning and Zoning Commission Date: August 19, 1997 Subject: Z-97.020 GENERAL INFORMATION Applicant: GBW Engineers, inc. 1919 S. Shiloh Rd., Ste. 530 Garland, Texas 75042 I Owner: Bel Air Development, LTD 12225 Greenville Ave., STE 118 Dallas, Texas 75243 Action: Detailed plan for 56.639 acres of Planned Development 90 (PD-90). Location: The subject property is located between Sherman Drive and Kings Row { approximately 1,500 northeast of the Sherman Drive/Kings Row intersection (Enclosure 1). Surrounding Zoning and Land Use: LOCATION ZONING LAND USE North: See Enclosure 2 Vacant land. South: See Enclosure 2 Sinyle family residential use. East See Ermciosure 2 Vacant land and single ramily residential use. West See Enclosure 2 Vacant lard and single family residential use. eWton eve opment an: ow ntensity rea e a ocate . SPECIAL INFORMATION , The subject property is vacant and unplatted. Public improvements will include the following: • 1. The construction of interior streets. 2. Construction of Kings Row (half of a four lane secondary arterial) along the property frontage. 3. Construction of half of an east/west collector level street along the frontage under consideration with this detail plan. • 4. The extension of water and sewer lines throughout the proposed project. O J 5. Construction of a portion of a detention pond that at completed size will serve the entire drainage system in this part of Denton. Page 1 3. • • r 6. Improvement to a drainage channel running into the detention pond. 7. Ducation, ir, iee simple, to the City of the detention pond. 8. Fire hydra,Ys throughout the project. 9. Street lights throughout the protect. BACKGROUND January 15, 1985 The subject property was rezoned from the Agricultural (A) zoning district to Planned Development 90 (PD-90) by Ordinance 85-15, which approved a concept plan for 129.245 acres (Enclosure 3). June 18, 1985 A 'comprehensive site plan' for approximately 57 acres is approved by Ordinance 85- 119 (Enclosure 4). The proposed use was for single family residential development on 10,000 square foot lots, and some duplexes. March 4, 1986 Ordinance 86-51 is approved correcting an error in the legal description for Ordinance 85-119. August 13, 1997 The Planning and Zoning Commission held a public hearing and continued the request until the August 27, 1997, meeting so the applicant can hold a neighborhood meeting. That neighborhood meeting was held on August 25, 1997. Staff reported the results to the Commission at the August 27, 1997, meeting. The planned development process consists of three stages, a concept plan, development plan, and detailed plan. With approval of a development plan, after a public hearing at the planning and zoning commission and the city council, a detailed plan may be approved by only the planning and zoning commission. None of the previously approved plans meet the requirements for a development plan, thus this detailed plan must be recommended to the City Council and approved by ordinance. NOTICE Fifty-seven (57) notices were mailed on August 1, 1997. Eight replies were received, • seven opposed and one undecided. The opposed percentage is 7%. Opposition was expressed by several neighborhood residents at the August 13, 1997, Planning and Zoning Commission meeting. These comments are available for review in the attached minutes. No opposition was present at the August 27, 1997, meeting. ANALYSIS • 4D Y Required on Detailed Plan (Enclosure 5): J Page 2 1 t y. T77 J • ' r • f 1. Acreage. The acreage in the plan as shown by a survey, certilied by a registered engineer. i Provided. 2. Land Uses. Permitted uses, specified in detail as determined by the department, and the acreaga for each use. Proposed land uses ar,- for One Family Dwelling, Celached, and Two Family. 3. Off-site Information. Adjacent or surrounding land uses, zonings, streets, drainage facilities and of oer existing or proposed off-site improvements, as specified by the department, sufficient to demonstrate the relationship and con patibility of the district to surrounding properties, uses and facilities. Provided. 4. Traffic and transportation. The location and size of all streets, alleys, parking lots and parking spaces, 'oading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed uses. No traffic study has been submitted, and none is required at this stage of the development process. The proposed detail plan will generate approximately 1,352 trips. 132 single family units X 9.55 average trips per day = 1,261 trips. 14 duplex units X 6.47 average trips per day = 91 trips Total trips = 1,352 trips, for this proposed detail plan. Enclosure 6 is a copy of a portion of the Traffic Count Map. The map has been modified to show an additional count on Nottingham, and the capacity of the various streets. Assuming a 50150 split between Sherman Drive and Kings Row of the expected traffic generaVon will result in only a 700 trip increase to Sherman Drive and to Kings Row. Neither street will near level-of-service C. 5, Buildings. The location, maximum height, and minimum setbacks for all buildings, and if nonresidential, the maximum total floor area. i Provided. • 6. Residcntlaf development. The number, location, and dimensions o4 lots, the • • f minimum setbacks, the number of dwelling units, and number of units per acre J density. Page 3 • • Provided. 7. Water and drainage. The location of all creeks, ponds, lakes, fioodplains or other water retention or major drainage facilities and improvements. Provided. The developer will be building part of an 'area wide' detention pond to service the drainage needs of this development. In addition, the developer will dedicate to the City, in fee simple, the acreage necessary to accommodate the full detention capacity needed to handle future drainage from development that may occur to the north and west. S. Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district. Provided. 9. Trees and landscaping. The location of all protected trees and a landscape plan as required by the city's landscape ordinance. Frovided. 10. Open space. The approximate location and size of greenbelt, open, common, P or recreation areas, the proposed use of such areas, and whether they are to be used for public or private use. None proposed. The City's park policy is currently voluntary. Enclosure 7 is a memorandum from the Parks and Recreation Department regarding its intentions in the area. The developer is donating in fee simple to the City 9 acres for a detention pond, which is a part of a larger $30 million dollar series of drainage projects. No additional 'voluntary' donation to the Parks Department is proposed, and the developer has been very cooperative in donating the acreage. 11. Screening. The location, type, and size of all fences, berms, or screening features proposed between different land uses or adjacent properties, • No screening of adjacent land uses is required by the Landscaping, Screening, and Tree Preservation Ordinance. 12. Signs. Location, type, and size of all signs regulated by the City's sign ordinance. • None proposed. ® • Page 4 ~v, • 13, Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle use. Provided. Sidewalks will be installed on both sides of all interior streets, and one side of Sherman Drive, Kings Row, and the collector street. RECOMMENDATION The Planning and Zoning Commission recommends approval of this detailed plarl. ALTERNATIVES 1. Recommend approval without conditions. 2. Recommend approval with co-ditions. 3. Recommend denial. 4. Postpone consideration. ATTACHMENTS 1. Location map. 2. Surrounding zoning. 3. Ordinance 85-15 Concept Plan. 4. Ordinance 85-119 Comprehens'Ve Site Plan. 5. Detailed plan. 6. Tiaffic count map. 7. Memo from Parks and Recreation. I i f x t Page 5 7. F~ oil ~Ffia R~ww ~rw.+1M i • • ~Y ENCLOSUREI R l^ \ ' I 1 r 1, a-, I lop H -JF- 11 0- IF x SAL ,tea ~Fi' i @0 V ~tAM /fib. _ J ~ ~1 !Y j't ,v, R/, 11" ~'1 '4 f~+~ti I,~ O 0 p Y 1-4 'Fog 1k 55 • • • PD SF-7 N A m: u 0 A 0 r y ;eq ffli~lh'1 SF-7(c) c 23 i 6 3444 4p~, ` n PD N 12 L f • r ^ - F-10 I y le'a • i• raw Nwh y I SF- ry""~ fil b 1 n 1, ewes a!~~er~ 1 ~5 w _b' N ZE h Y x - ° 4\ JZ - 1 -ii 4Y 1~''71' ~ - ` J -~r'~a sf f,i t ~ 4 Y 7 ~r ~i ~ F i;e i ~ ~ ewa f<./ i t ~ r ♦ e r _l+M ~ v' ~ 3 1,, m 4 p r 1 _ i j i p i u m c ~ e r w t : Ul. r1f'},>~ti''A r' tl W~ L y e A t • ; ~ ~ 1n._(! ,i'f\ , i.n i ~Y J~~'~ ''L f r a L. ,,r ' y u SF?` e 4 - I \ i t I • • i -ENCLOSURE 3 F. 0. •c ~Cr1,•a., r • .1 1, ~fh fro / ~GRICULTLOE irrt 0 0 / . i3b'~an Sf 7 ' I'• go G R Is u.+r .I ~-1 •I rKi^Ifr Ma/ 1 f R s L. F i t0+t.. 1 ftl a. r , { ` ~ e ~ ~ Ana{ 2se f f w+.► Win. 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I r , ...w,r - - 171. -71 • • • f IIWIM . ~ 1 ~ C r r ~ I . , 4157 7948 ! 1 .ICY F r 773 3t 11 6429 (~~orao CAP) e ~V J ~ ~ 1 ~ml YY 11 ~ ~ 7 9 .ii w~ 4, ~ lol wYr111 nILL 1 1 1` u I 2 # ,INO 2731 \^28s m i WI\w , sa P I } z -~1 1 ` wr [ uw a 1 r N_M W , lG/, ll va II ,10 Y IN ~~.r ~ lr 2 41 7 m 1 i 1 o* 1423 s , d m T 'M ! • 579 nrM 1475 4 ~ ~ ~I•r, ~ ,Igrl 91 ! ,WY~LY 1 ` 1 ~ 11rf. LW sm. Y w^ . YYHO r~ 4815 . ZI28 1 8694 { 16 ' us 317 1 9 165 ~.f<Y I Mlplll 81 L.. ` 1c , y r 18547 25225 1e r 1742 f ~1 f 28715 j • r • ;wt►LOn:.rat-itss_arw Kio .__a►qu,':.:sayr~asss~► _ ENCLOSURE 7 CRY & DENTON TEXAS Memorandum To: Walt Reeves, Planner CC: Ed Hodney Director PARR From: Ricky Petty, Park Planning Coordinator Date: August 6, 1997 Subject: PD 90 i Regarding PD 90, formerly liMc est Addition' we do not want to accept the 8 acres into the park inventory of land because most of the land is detention pond and does not provide adequate space available for park development mid use. Furthermore, an adjacent developer is proposing to donate 14 acres to the parks Department that will more closely meet au future development needs of a neighborhood park for this area. If you have any questions regarding the above, please can me at your convenience. 'lhdlearedloQuallrySeMcr' •r • • ATTACHMENT 2 i ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 90 (PD•90) WITH RESPECT TO 56.639 ACRES, AS SHOWN IN THE ATTACHED DETAILED PLAN, THE SUBJECT PROPERTY BEING LOCATED BETWEEN SHERMAN DRIVE AND KINGS ROW, APPROXIMATELY 1,500 FEET NORTHEAST OF THE SHERMAN DRIVE/KINGS ROW INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2.000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, GBW Engineers, on behalf of Be] Air Development LTD, has applied for approval of a detailed plan for 56.639 acres described in Exhibit A, and located within Planned Development No. 90 (PD-90), a panned development district established by Ordinance 85-15; and 1A'IIEREAS, on August 27, 1997, the Planning and Zoning Commission recorunended approval of the requested detail plan; and WHEREAS, the City Council finds that this detailed plan will be in compliance with the I Denton Development Plan; NOW, TIfEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION i. That Ordinance No. 85-15 as it relates to Planned Development District No. 90 (PD-90), a planned development district comprising 129.245 acres of land, is hereby amended with respect to 56.639 acres of land located therein, and more particularly described in the legal description attached hereto and incorporated herein as Exhibit A, by adopting a detail plan for said 56,639 acre parcel, such plan being attached hereto and incorporated herein as Exhibit B for all purposes. SECT ON 11 That the provisions of this ordinance, as they apply to the 56,639 acres described by Exhibit A, govern and control over any conflicting provisions of Ordinance No. 85-15, • as it relates to the subject property, but all the provisions of said ordinance as it applies to the remainder of the planned development district not herein amended shall continue in force and elect and shall apply to the remainder of said district. $ECT10N III. That a copy of this ordinance shall be attached to Ordinance No. 85-15, showing the amendment herein approved 0 O O SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. I .I ;i 'e • $E_CQT-Ly. That this ordinance shall become effective fourleen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1997. i i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ /l.''s S 11* rc ~ .r e L' ~ 0 e PAGE 2 • s EXHIBIT A %lV:~. July 31, L Y97 AUG U B 1997 Semuel McCracken Survey G B W No. 97-058-03 Abstract Number 817 56.639 Acres ; 0`V Denton County, Texas DESCRIPTION A 56.639 acre tract of land out of the Samuel McCracken Survey Abstract Number 817. Denton County, Texas, being pa,t of the called 94 6232 acre tract o' land (Tract 11) as deeded to Tony A. Riley and filed in Clerks File Number 93-R0019780 Deed Records of Denton County, Texas (DRDCT): i CONIMEN'C[NG for reference at a found 314 Inch roJ accepted as being the northeast cc mer of said Riley deed and he[-g in the south line of the variable width Right of Way for Loop 288 and being the northwest comer of the called 63.494 acre tract as deeded to Cerald W. Brown and Robert M. Brown in Volume 1631, Page 955 (DRDCT) from wh ;h pei,.; a concrete high'.vay monument bean S 66°35'34" W a distance of 0.61 feet; THENCE S 01'56'58" W with the asst line of said Riley deed being the west line of said Bro vn tract a distance of 977.46 feet to the PONT OF BEGINNING; THENCE continua S 01'56'58" W with the line common to said Riley Deed and said Brown tract and partially with the west line of The Meadows of Windy Hill, Section 1, Phase 1, an addition to the City of Denton as recorded in Cabinet M, Page 306, Plat records of Denton County, Texas (PRDCT) a distance of 1143.29 feet to a point for the southeast corner of the 1 arcel herein described, said point being the northeast corner ors 0.472 acre parcel of land deeded to the city of Denton for Kings Row and rc,:orded in Clerks Record 96- 80087404 (DRDCT); THENCE departing said est line and cro3sing said Riley Deed with the north line of said Right of Way parcels • in Clerks File 96-80044823 and 96-R0087404 the following fuur courses and distances: I ) S 57' 16'45" W, 68.89 feet to a point }f 2) S 69124'49" W, 65.37 feet to a point; 3) S 80°40'59" 1V, 88.84 feet to a point 4) N 88-19-54- W, 669.97 feet to a point, said point being at the southeast comer ofa 0.3843 acre parcel A of land as deeded to Denton Sherman Drive Joint Venture and recorded in Volume 1715, Page 836 O O 1 (DRDCT) and being the northeast comer of a called 0.0913 acre parcel deeded to Teasley Road J Associates Seven and recorded in Volume 2246, Page 172 (DRDCT). • s s EXHIBIT A Page 2 of 3 THENCE, S 02'28'48" t r with the east line of sold parcel a distance of 30.00 feet to it point on the sot th line of said Riley Deed; THENCEN 88019'54" W with said south line adistance of 132.54 feet to the southwest corner ofsaid Riley Deed being the southeast corner of Cambridge Square subdivision, an addition to the City of Denton as recorded in Volume 4, Page 38 (PRDCT); THENCE N 02'28'48" E with the west line of said Riley Deed and with the east line of Cambridge Square a distance of 165.00 feet to a set ''/a" iron rod, being the northeastcomer of Lot 11, Block E of said subdivision, said point being the northwest corner of said Denton Sherman Drive Joint Venture parcel and being in an existing creek bed; THENCE with the west line ofsaid Riley Deed and the east line of said Cambridge Square and with said creek the following six courses and distances: 1) N 87'31'12" W. 96.53 feet to a %a" iron rod set; 2) With a tangent curve to the ngla; R - 101.91 feet Delta - 52' 16'00" L. 92.97 feet CB - N 61.23'14" W CD - 89.78 feet to a''/a" iron rod set; 3) N 35-15-112- W, 738.68 feet to a'6' iron rod set; 4) N 31-15-12" W, 214.94 feet to a'A" iron rod set; 0 5) N 35-15-12' W, 653.17 feet to a''/a" iron rod set; 6) N 57'06'12" W, 78.38 feet to a point for the westernmost cornerof the parcel herein described, being the northwest comer of Cambridge Square, and being on the east Right of Way line for Sherman Drive, si THENCE, N 29°04'09" E with the west line of said Riley Deed being the east line of said Sherman Right of ® 4D Way a distance of 561.40 feet to a point; J I THENCE departing said east Right of Way line and crossing said Riley deed the following six courses and distances: v + i • • EXHIBIT A Page 3 or3 1) S 61'00'27" E, 195.84 to a point; 2) With a tangent curve to the left R - 370.00 fee; Delta - 28' 12'57" L-182.21 feet CB - S 75'06'56" E DC - 180.37 feet 3) S 89' 13'24" E, 422.14 feel to a point; 4) S 00'58'45" E. 657.01 feet to a paint; 5) S 89'07'43" E. 442.47 feet to a point; 6) S 87'29'52" E. 705.48 feet to the t)Ie POINTOF BEGINNING and containing 56.639 acres of laid. NOTE: Chain of title for the folTowing parcel which Is included In the Riley Deed is not determined: 1 • Denton Sherman Drive Joint Venture, Vol. 1715, Page 836 (DRDCT) dated August 29, 1995. • i C.,OafiCD%VP11'IMP'i't1uC'STROJECTS,91-05hDESCPJ N70 /9 • • s ~ ~ ~ ~ v ',r=te I r \ IArrtf IrJ Wn. Ut [Ci ll%l.W ML1L111.DC[.0) DCKLDPw(Nl SrAND&AM ; \ r.M. MLLNC MI.CND ..O I..I.. ..IW. ~ «.n \ ` I IOIY P t; EEaF31tr1~s-t~' R r tJl { f r .Aa OCTALID PLAN r_ . r.'I^.ti. _ p.~ LLYUit fAPR lI TATp • SMT. 1 .J O e e CoodcaseltrM ATTACHMENT 3 Page 17 Page 19 l there wouldn't have been a p' iblic hearing and we 1 is a detailed plan for 56639 acres in Planned 2 probably wouldn't have beer. talking about all this 2 Development 90. Planned Development 90 is actually a 3 except as it relates to what fie Engineering Department 3 129 acre Planned Development that was approved to the 4 needs to see in total for the property at, far as the 4 level of a concept plan in 1985• We did the notice, 5 traffic improvements before they come in and begin final 5 what you see over there on the overhead. We have 6 platting the first phase. See, this is a multi-phased 6 received six responses. Those are colored in red L%at 7 project. And each individual pi,ase may not necessarily 7 are opposed to the that responded opposed to the 8 require all the traffic improventerits be done. But a detailed plan. Prior to the m:octmg, I had a 20 percent 9 engineering needs to know what all of those improvements 9 calculation made. At that time there were four opposed 10 are for the entire project, so that by the time it's to responses. That percentage was five percent. I've 11 over with, those have been completed. I I reoeived two more responses based on the lots in that 12 MR. btoRLNo,. okay. Thank you, sir. 12 areP. That's probably two and a half to three 13 MR. L GELBRECHT: If I might ask another 13 percentage points. So opposed percentage now is 14 question then of Mr, lcecvcs. This revised motion 14 probably seven and a half, eight percent. IS indicates reads preliminary plat. Should that read 15 Briefly a little history, in 1985, a concept 16 pretiminary reptat7 16 plan was approved for 129 acres. That's Enclosure 3 in 17 MIL REEVES: Yeah 17 your backup. As you can see, there's a wide variety of 19 MR. E.NGLLaRECHT: Ali right. Thank you. 18 uses that were approved with that concept plan including 19 MS. SCHERTZ if there are not any further 19 in this area down here where the detailed plan is 20 questions, 1 would entertain a motion at this time. 20 proposoi for single family detached housing on 10.000 11 MR. ENow3RECHT: Madam (:hair, I'll move 21 foot lots, a park and some duplexes. Additional uses 22 that we approve the preliminary replat of Bent Creek 22 that were approved in this planned development included 23 Estates subject to the condition that the reyutred 23 multi-family, four•plcxM zero lot line Wasing, 24 traffic improverrxmts for the entire subdivision be 24 general retail u:scs, offices, and other sin& family 25 specifically identified in writing to include the 25 detached housing. Page 18 Page 20 1 specific final replat phase for wldch they will be 1 Later on, in 1985, the council approved what 2 constructed prior to approval of the final re-plat of any 2 was called a comprehensive site plan. The acreage of 3 phase. 3 this is 57 acres. Rut acreage under consideration with 4 Alit.1.1onso: second, 4 this derailed plan is 56.639. So it pretty much Covers 5 NIS SCHER7Z is there any discuss[on7 1 5 the same area. This is all single family detached 6 just want to take a moment and thank you fur the input 6 housing on 10,000 square foot lots. It's not clear 7 this evening. I pink traffic is a concert[ that Cox all 7 whether these are duplexes or not. But by the approved 8 have. But it also has been pointed out to us that it's a concept plan, these, at least, in this area would have 9 being looked into seriously, and they've done traffic 9 been in an area that was approved for duplexes. And the 10 studies and I'm encouraged with Mr. Bunk's remarks that to area included what is now not being called a park but a 11 not only as a city are we watching it, but we have state I l community service area. s e 12 and orbs officials looking over our shoulder to make 12 The proposal beforu you tonight which is 13 sure everything is taken care of. But I appreciate 13 Enclosure 5 is for this area right hen. This is once 14 everyone's i-put, t4 again, single fanulydetached housing on minimum 10,000 1s ]Tearing the. motion and hearing no furtler i5 square foot lots. This area right here would be for 16 discussion, all in favor, please raise your rig:tt hand. 16 duplexes. 1 instructed the applicant to also include 17 All oppr sed7 Motion carries 6-0. 17 single family detached housing as a use in that area. 1 B Item No. 4, hold a public buering and is My reasoning behind that was I received a few phone e 19 consider a detailed plan for 56.639 acres in Planted 19 calls about other Mil that had two family uses in them I 0 20 Dc,,clopment 90. The subject property is located betwsen 20 that had never been deicloped. And people wanted to 21 Sherman Drive and Icings Row approximately 1,500 21 build Tingle family houses on them. But the only way to 22 nonhea t of the Sherman Drive/Kings Row intersection. 22 do that would have boxi to go back through the planned 0 Case No. Z-97.020. Mr. Reeves is going to further 23 development process and revise the approved plans for 24 explain this item to us tonight. 24 that to allow for one family detached housing. So kind 25 MR. REEVES: T.ienk you, Madam Chair. This 25 of to offset it possible problem should that area never Planning and Zoning MCeting, August 13, 1997 Page 17 • Page 20 02/. jai!!tr4•anA!~R1aa•.!rattat's~M~!~~ _ • • Condenseltt" Page 21 Page 23 I develop as duplexes, I suggested they just include 1 size of those? 2 single family detached housing as a permitted use there 2 MR. REEVES: t didn't figure out every lot 3 as well. You will notice that there is no longer a park 3 that backed up there. Simply taking the smsllest 4 area here and as part of your backup, there is a memo 4 dimensions on those lots and multiplying them. The 5 from the Parks Ikparunent that says the Parks Department S smallest lot that backs up there is 11,200 square tat 6 is really not interested in a park on this site. They 6 which is comparable to dose lots on Yorkshire. 7 are looking at another site with it nearby property owner 7 MR. EIGELBRECHT: what is the smallest 8 that would be larger. They have no interest in 8 single family lot in this detailed plan? 9 maintaining this area hoe which would become a 9 nta REEVES: The minimum lot size is 10,000 to detention area and given in fee simple to the city as 10 square fat. 11 part of the drainage system. 1 I MR E,%GELBRECHT: Thank you. 12 This is actually a detention area that was 12 MS. SCHERTZ Thank you. At this time if 13 identified and a rather extensive drainage study that 13 the petitioner would care to address the podium, pleaac. 14 the Engineering Apartarent had done that would be part 14 Please give us your name and address. 15 of about a 30 million dollar series of drainage 15 MR GRAN rKkM; My name is Bnax Grantham. I 16 projects. So our Engineering Department is very 16 live at 3201 Parkrise Court in Garland. I think Mr. 17 interested in this area being a detention facility. 17 Reeves has done an excellent job of tracking the history Is In comparison to the approved concept plan, 18 of tics project. We have attempted to make this 19 1 have taken the proposed detailed plan for the area 19 detailed plan consistent with Po-90. we, I guess, to 10 under consideration and with the 1985 concept plan, this 20 reiterate, there isn't any land uses wher than SF-ID 21 area here in red would have been a park or was being 21 and the seven 2F lots which we would like to have the 22 called a park. And this area here in green would have 22 option to build single family houses on. In addition, 23 been single family detached housing. With the 1985 23 we have agreed in our discussions with the city, and we 24 later that year, the comprehensive site plan, the 24 understand there is some significant flooding problems 25 this area here in red was being called the comprehensive 25 downstream or our project. I'm the engiruer that's Page 22 Page 24 1 pardon me, the community service area. And this area 1 representing the owner. I know from projects 1 have 2 in gran would have bon single family detached housing. 2 done related to drainage issues for other cities, that 3 Briefly, to wind up what you're considering 3 finding sites for these regional detention facilities 4 tonight and I did the reply forms should be up there 4 can be a bit of a problem. It wasn't frankly the number 5 somewhere What you are considering tonight is a 5 one choice for that area on our site, but we're hoping 6 detailed plan for 56 acres and change. You will notice 6 that it will provide a significant benefit to the city. 7 in some of the reply forms, that there were concerns 7 In the city's plan, drainage plan, they had a pretty 8 raised about spanmcrits and other things. Those were 8 significant expense associated with the acquisition of 9 approved in 1985. Certainly, when or if a detailed plan 9 the !arid for this facility, so we're donating that land 1 10 ever comes forward for those areas, you can scrutinise to and, in addition, we will be building the portion of 11 that detailed plan for those areas and make whatever I I that detention facility that our project demands as it • 12 changes you need to make to those to meet our 12 builds out in phases. So with those comments, 1 would 13 requirements. But at this point in time what you're 13 be happy to answer any questions you have at this time. 14 considering is 56 acres with single family residential 14 MS. SCHERTZ: Would you take a minute and 15 use on 10,000 square foot lots, a small area of duplexes 15 just address all of us down at this end are still 16 and an eight acre, almost nine acre detention facility. 16 reading the letters in opposition and we try and bring 17 In conclusion, the staff recommends 17 this out as we discuss. Could you go ahead and address 18 approval. ]f you have any questions, I'll be happy to 18 the issue of why you don't think dV SF•10's will • 19 answer them, 19 devalue the property that's surrounding it because that J 20 Ms. SCHERTZ Not at this time. 'Shank you. 20 seems to be a major concern to some of the the 21 MR ENGELBRECHT: Mr. Reeves, first 21 ktters that wt've received. 22 question, you had indicated some lots, I believe it's on 22 MR. GRANTHAM: I guess the best response 23 Yorkshire Stroct where the opposition had corns from, 13 would be Mr. Reeves' comments that it's our N First off,1 might ask you, the lots that back up to 24 understanding that the lot sizes in this detailed plan 25 that area on this particular detail,u plan, what are the 15 are consistent with the lot sizes of the properties in Planning and Zoning Meeting, August 13, 1997 as Page 21 - Page 24 +r+w.wr~ r • • Coudenselts'r Page 25 Page 27 the neighborhood. So I would think that, given that, it I at the other end toward the loop. 2 would not be a problem. 2 You can sce in parentheses, Walt has 3 MS. SCHERTZ: Have you had any neighborhood 3 indicated what the capacity of those roads are. And 4 meetings? 4 that's capacity at level of service C, which is 5 MR, GRANTHAM: Not to this point, no. 5 typically what most cities go by when they determine 6 MS. SCHERTZ: Are there any other questions 6 whether a road has adequate capacity. Kings Row is a 7 at this time? If there are, we will address it later. 7 secondary arterial street which means that at some point 8 Thank you. Is there anyone else in the audience to 8 it could be four lam divided arterial. Of course, 9 speak in favor? Anyone to speak in favor? Is there 9 right now it isn't that way. But it is down at the to anyone to speak in opposition? Please give your name 10 Sherman Drive end, it is 45 feet wide which is wide i t and address, 11 enough to actually have four lanes of uafrne if we took 12 MS. WATHIN; Andrea Wathin. It's 2128 12 the parking off. That street could very easily handle 13 Yorkshire Drive. My main question is the traffic that 13 10,000 vehicles per day. Right now it's only carrying 14 we'll be encountering during this. We have so much 14 about 2,500. And this Gwelopment will probably add 15 traffic now. We have people speeding up and down the is somewhere in the range of maybe 7 800 trips a day on 16 road. We have a lot of children in the area. And 16 Kings Row. 17 that's the main concern. And I haven't really heard or 17 M0. MORENa. Mother question, There is a 18 seen exactly what they're proposing to do with the 18 curve on Kings Row between Marianne Circle and Danes 19 trar: te. 19 Street. And what has happened now is that the 20 MS. SCHERTZ: All right. Would anyone from 20 development just to the east of this development is 21 staff or Mr. Hill, would you like to address that 21 underway and they have widened a portion of Kings Row 22 issue? 22 but then they have got four lanes actually funneling 23 MR. HILU I think 1 will defer to David. 23 down into two and a great big ditch there and, of 24 MR. SALMON: 1 believe in your backup, you 24 course, there's some guardrails and things like that. 25 have been provided a traffic count map at the very end. 25 But l have questions as to how that's going to Page 26 Page 28 1 Currently, well, first of all, this subdivision that is 1 ultimately look. But I guess my main concern is, is 2 being proposed would have access directly to Sherman 2 that curve going to be softened up any because people 3 Drive and then access to Kings Row. 3 are going through going along there and wiping out 4 MR. LNGELBRECHT: Mr. Salmon, could you 4 mailboxes and I've seen this. So I know that to be. So 5 point out those access points? 5 I'd like to know just what's going to happen to that 6 MR SALMON, Okay. While I'm doing that, 6 particular curve there. 7 we've got abc.. 140 lots, I Sam, One access point 7 MR. sALMON: well, of course, this applicant e would be directly well, it would be just here, not 8 will, like the other subdivision, have to widen the 9 too far from Cooper Branch west. 9 strut in front of the development. As a matter of 10 M0. REEVES: wait a minute. 10 fact, I think this subdivision will connect where Kings I I MR. SALMON: You're right. Here it is. 11 Row is wider on the east end and where it has been • 12 Yeah. One will be right here lined up with Kings Court. 12 widened on the west side, so that actually you will have 13 And then the other access will be over here on Sherman 13 a wide street all the way until you gel past, I think 14 Drive, I think, just to the north of Hercules, 14 it's the Meadow's of Windy Hill subdivision. So this 15 MR. MOR .M); Ibere are some that appears to is will make that link in the middle where it narrows down. 16 be lined up with Marianne Circle rather than Kings Court 16 it will make it the same width all the way through. 17 on the map that we have. 17 FIR Mokwa. 1 guess that ditch is going to ' 18 Ma sAUtoN: okay. But it's lined up with is have to be filled in then? ' 19 one or the streets in, I guess, it is Marianne circle. 19 MR. SALMON: Right. [twill, In fact, 20 But it will line up with one or the cul-de-sacs across 20 they're proposing to install underground pipe. 0 • 21 the street so there w'on't be an otrset intersection 21 MR MORENu, okay. 22 which I guess is the main point 1 was trying to make. 22 MR ENGEtBRECHT: something I think the 23 You've Sol the two access locations. As you can see on 23 residents tight like to know. Given that it's a 24 the traffic count map, we currently have about 2,600 24 requiremernt of the developer, at what point would that 25 vehicles per day on Kings Row at Sherman and about 2,700 25 be required? When all the development is In, at what Planning a-d Zoning Mating, August 13, 1997 j Page 25 - Page 28 • Cottknsc][04 Page 29 Page 31 I point t established subdivision wouldn't wan, that traffic 2 MR. SALMON: well, I understand that this 2 routing through their subdivision. And so for that 3 will be this subdivision will be built in phases, 3 reason as well, thought that that may not be a good 4 They will be required to pave whatever land or whatever 4 idea, S street is in front of whatever their final platting. S xis. oou; DIE: Also, there was some questions 6 So I don't know that the entire street, the entire 6 in some of the opposition as to drainage, They were 7 length will be paved at one time. But at least a 7 concerned about they have current drainage problems, 6 portion of it will be. If I understand cxredly, the 8 I'm essuming from what 1 read. Can you explain to the 9 first phase will be where the curve is. And that's 9 folks out there what's going to be happening so that it 10 probably going to be the first thing that's re-paved and to will alleviate their drainage problems? 1 I curbed and guttered and where the ditch is going to be 11 NIP- SALMON: 'tlte development is going to 12 filled in. 12 provide or will be making some improvements to the 13 MR MORETiO-. Well, it appears that a 13 channel that runs alo, g ter west side of the subdivision 14 significant portion or Kings Row abuts the proposed 14 between the existing subdivision and their subdivision. 15 detention pond rather than houses. Is that entire 15 Right now that chancel Ls, l guess, sort of natural. 16 detention pored area also going to be improved there 16 it's got grass and trees and it's not very deep. And 17 where it abuts with Kings Row or what is going to happen 17 I'm sure that when it rains hard it probably fills up 18 there? Ili with water pretty quickly, There will be some widening 19 MR. SALMON; The detention porn] area is in 19 of that channel, possibly some concrete lining. We 20 the phase that I think they're going to do in the second 20 haven't gotten far enough into the process to really 21 phase, That would have to be paved whenever the second 21 determine exactly what is going to happen to the 22 phase is final platted. 22 channel, but there may or may not be sortie lining of the 23 MR MOILENO. Finally, is them going to be 23 chancel. Than definitely will be some kind of widening 24 any access from. Yorkshire Street into this subdivision? 24 or deepening, I would anticipate. 25 MR SALMON: No, there would not be. 25 MS. GOURDIE: Md will that be maintained by Page 30 Page 32 I MR MORENO Okay. Thank you, I the city? 2 MS. CMRDIE: t have a question. Actually, 2 MR. SALMON: Right And then at that point 3 1 wam't able to hear what you said. Where were the two 3 maintained by the city. Currently, that is not 4 entrances to this subdivision? 4 maintained by the city because there 14 no easement 5 MR. SALMON: One is on Kings ROW directly 5 then. But once this is platted and the plat's filed, 6 across from Marianne Circle. And the other is on 6 there's going to be an easement there and the city will 7 Sherman Drive, I believe just to the north of where 7 be responsible for maintaining that drainage ditch. 8 1[crcules ties in. 9 MS. GOt1RDIE: Also, what is the reason to 9 Ms. aouiLDlu: so the Ascot Lane is just 9 make I'm just curious changing from the park area? 10 going to stop? It's going to be someone's backyard? 10 Another person had also commented that they are I I MR_ SALMON: Well, correct. I think it's 11 frustrated that the park area was taken away, And cow 12 just it's just a dead-end now with a barricade and it 12 there's homes in place of it. And these seems to be 13 would just stay that way. I ) quite a few homes being put in this subdivision Is 14 Ms. GOURDIE: Is then a reason why it's not 14 there a reason why the open space is now being 15 being a +hrough street? 13 eliminated and houses being putting on versus and the 16 MA SALMON: well, three's a variety of 16 drainage area being the place where we're going to be 17 reasons. i think first of all, I don't think that the 17 just explain that because I know the residents wire s ' 18 applicant really wanted it to come through. But I guess IS concerned about that also, the open space being missing • 19 from a more technical standpoint, vre would just as soon 19 from the - I • • 20 that it not go through simply because it's another 20 MR REEVES: First Of all, if you will 21 crossing you have to make over the drainage channel. 2I notice, in your backup, there's r me= from the Parks 22 And the morn crossings you have on a drainage channel, 22 Department that says they're toot intenstod in having an 23 the less efficient it is, l guess. 23 eight acre detention pond to maintain because they can't 24 So the other reason as well, Is that I think 24 use it for parks. They can't use it for a 25 we anticipated that some of the people that live In the 15 recreatioaal•type purpose. They are looking at another Planning and Zoning Mocting, August 13, 1997 ay' Page 79 - Page 32 • • r Condenscit"t Page 33 Page 35 I site in the area that will actually be larger than 1 Basically, unless it is raining, it will just look Like 2 what's there now. The arcs of the deter',ton pond is 2 kind of sort of an open grassy mowed kind of depressed 3 slightly less than the park area which was a ten-acre 3 area, probably pretty 1 mean, not something a lot of 4 site. This is actually nine acres for the detention 4 people are going to notice, I guess. Obviously, when it 5 area. So this is going to remain open. There is not 5 is raining there's going to be, you know, two, three, 6 going to be structures in it and it's going to be open. 6 four up to five fat of water standing in it which, of 7 I don't think it is going to b: permanently holding 7 course, then will eventually drain off once it stops 9 water. 8 raining. 9 So, you know, I imagine that kids will play 9 what a detention pond does is it collects to on it as long as them is no water standing in it. I 10 water at a fast rate as water runs into it then it has a 11 don't think it's going to be designed to permanently I I small outlet structure that only lets the water out so 12 hold water. So in light of all of that and the fact 12 fast. So at some point, the water starts coming into 13 that with this detention pond, the city gets a needed 13 the pond faster than what it's going out s vd that's what 14 part of a 30 mullion dollar series of projects for the 14 causes the water to rise. And then, of course, when it 15 drainage in this area of town. w'e think that this is 15 stops raining and the water stops coming in as quickly, 16 actually a better plan, 16 then eventually it drains back down again. So it's sort 17 Ms. GOURD(E. Also, is this going to be 17 of like a temporary storage basin for excess rain water. 18 maintained by the city, mowed and taken care of, debris is Let me just throw an overhead up that shows 19 removed? 19 you sort of how much area we are talking about in terms 20 MR- REEVFS: Right. It will actually be the 20 of providing improved drainage for. Pond number we 21 city property so we will be maintaining it. 21 like to refer to it as pond number five, at least that 22 MS GOURDIE: And so they w'on't have to 22 is the way it is in our consultant study and you can 23 worry about mosquitoes and all that wonderful stuff that 23 kind of we now where it's located in rcfemrnoe to the 24 gets you in the summertime? 24 rest of this area of the city . Cooper Creek actually 25 MR. REEvEs: well, you know, I'm sure we'll 25 runs down here like this. And then there's a branch of Page 34 Page 36 1 fog it if there is a mosquito problem. I Cooper Crock that comes up through Hannah Estates, I'm 2 MS. GOURDIE: Okay. Thank you. 2 sure most of you rue familiar with. This detention pond 3 MR. MORENO: Mr. Reeves, could you educate 3 will decrease the amount of flow that we currently have 4 me a little bit on detention ponds? Numbcr one, what's 4 from this point all the way down past Mingo Road. 5 it going to look like in five or ten years? Is it just 5 You may or may not realize that a very large 6 going to be left in a natural state or what's going to 6 por' )n of this neighborhood through here is located in 7 happen there? 7 the flood plain. This detention pond in conjunction 8 MR. REEVES: I'm going to pass that back to 8 with two more detention ponds that we would propose over 9 Dave. 9 further to the west of here will significantly reduce 1 10 MR. MORENO: Also, why is there a nerd for a to the amount of floor; plain in this area of the city which I I detention pond in an area where you'vr got a fairly 11 will, obviously, increase property values and enable 12 significant drainage ditch anyway? I mean, there's one 12 citizens to not have to carry flood insurance if they • 13 right there. I mean, I don't understand that, 13 don't want to, save them some money that way as wril as, 14 MR. SALMON: well, the detention pond that's 14 you know, keep honks from flooding which, of course, is 15 being proposed is going to be very large. It's going to 15 the most important. But this detention pond is 16 be somewhere in the range of five to six foot deep and 16 something that will have a very positive effect for 17 take almost the entire nine acres. The detention pond 17 anyone who lives along that area that I've got 18 is actually going to function to provide detention for is highlighted in blue. , • 19 this whole area of the city, not just this subdivision. 19 AIR. ENGELBRECHT: Y'ou had indicated that O 20 1 guess, this is a two part. The first part, I guess, 20 this is about nine acres, Most of that will be used for J 21 and it's kind of where I started. The detention pond 21 the detention pond. As a point of referetoe, do you v •.01 be about five to six feet deep, take the entire 22 have and I'm kind of putting you on the spot here 23 nine acres. It will have relatively gradual side slopes 23 about bow large is the northern lake at North Lakes? 24 and then a flatter bottom, will not be holding water on 2A Any idea? The one that's north of windsor there. 25 a permanent basis, will be mowed, just grass. 25 MA SALMON: I don't believe that this lake P11tnning and Zoning Muting, August 13, 1997 2.5', Page 33 - Page 36 e • Condcnselt"' Page 37 Page 39 I will be quite that large. 1 the memo that vve wrote because that may give you some 2 M.R. ENOELBRECHT: Okay. That also, 1 2 guide. 3 believe, is a very shallow facility? 3 What we're really coming down to is trying 4 MR. SALMON: Well, and, of course, that's a 4 to decide how we're going to get sonic park land out here s permanent pool lake as well. 3 to scrv- this not only this subdivision, but other 6 MR. ENGELBRECHT Right. It's a little bit 6 subdivisions in the northeast part of town. We know we 7 different in the sense that it's a permanent pool. But 7 need one park out there of some substantive size. But 8 it's also a relatively shallow on the low stage, it's s we don't need two and we certainly don't need two parks 9 two or three feet and the highest stage is probably 9 side by side. We have one developer who has expressed a to five, isn't it, somewhere in that range? 10 sincere interest in conveying a piece of property that I I MR- SALMON: Well, and the thing about North I I would serve the reeds of both of these subdivisions and 12 Lakes as will, too, is that actually the normal pool 12 then whatever else comes along, perhaps, in the 13 elevation is not all that large. But the 100 year flood 13 foreseeable future. 14 elev at; :,n as the water spreads out at North Lakes, it 14 The developer with PD go. we did talk with 15 gets tremendously large. 15 them about using this nine acre tract as park and 16 MR. FNGELBRECHT: Right. 16 detention. But what Av really quickly came to was that 17 MR. SALMON: And that functions a little bit 17 we couldn't really serve both reeds with a nine acre Ig differently than this, This one will never be any 18 tract. \1'e did talk to the developer about dedicating i9 larger than the boundary of the actual pond. I9 additional land for a park in addition to what the 20 MR. ENGELBRECHT: Right. But I mean, in its 20 drainage requirements call for. But we do have a 21 normal state, the one at North Lakes is probably not 21 Voluntary Park Donation Policy at this point. And so 22 even nine acres, is it? Or it might be? 22 there is ° we can't really fora his hand on that. And 23 MR. SALMON: it's probably in that range or 23 1 think the Gveloper made an economic decision to not 24 close, 1 mean. 24 try to dedicate park land as well as detention area with 25 MR. ENGELBRECIIT: Okay. I was just trying 25 his project and try to absorb those costs and pass those Page 38 Page 40 1 to give folks kind of a point of reference here. Okay. 1 on. 2 Thank you. 2 In a nutshell, those arc the reasons for the 3 MR MoRFN;a could I go back to the 3 decision. Sort of a bird in the hand almost and them ■ 4 memorandum that Mr. P.oeves spoke to a minute ago? %'hat 4 developer who is probably reluctant from an economic t 5 it says is an adjacent developer is proposing to donate 5 standpoint to try to accomplish both needs within his 6 14 acres to Parks ILpartment that will more closely meet 6 project, 7 our future development needs of a neighborhood park for 7 MR ENGELBRECHr: Mr. Flodrey, if I might ask 8 that area. Could you kind of show roe on a map just 8 you, since this is donated as a detention pond, who will 9 where that proposed 14 acres is going to be? And is 9 provide the maintenance for this structure? 10 that a done deal? 10 MR. HODNEY: well, that's the other issue, t 1 MR REEVES: I don't believe it's done. 1 I I didn't want to take care of a detention pond if them 12 And, you know, obviously, you know, when you are 12 wasn't any recreational value to it and if I had a • 13 negotiating with somebody about a particular piece of 13 neibhborhood park clm by. The Parks Department will 14 property, you don't rkassarily want to tip your entire 14 not be maintaining it unless there is some arrangement 15 hand. so as far as I know, I think they're looking in 15 with, I guess, it would be Utilities Drainage. 16 this area right in here. :6 Otherwise, they will have the responsibility for 17 MR. HILL: we also have the Director of 17 maintaining it. IS Parks and Recreation here, Ed Hodrey. And if he has 18 MA ENGELBRECHT: And if you had taken it as S 19 sonic additional information 19 a park and could only use a half an a= or an acre, • • 20 MR. HODNEY: welter was really doing just 20 then you would still be required to maintain that entire 21 fox. We are looking at a 14 acre site. No, it is not 21 facility assuming it was labeled a park unless we made 22 a dom deal. But we're fairly confident that the 22 some specific arrangements with someone? 23 developer is ready to make that dedication. It's 14 23 Ma. How4m itot'a correct. And f suppose 24 acres in the subdivision immediately adjacent to PU9o. N it would have been possible to divide the nine acres, 25 Let me just maybe explain just a little bit why we wrote 25 even though most of it is going to be in a detention Planning and Zoning Meeting, August 13, 1997 '26. 37 - Page 40 0 • Condensclt"' i Page 41 Page 43 1 pond and divide, draw a line somewhere and say this is 1 not be affected at all. 2 park and this is detention. But, honestly, that doesn't 2 As for the second tree line, all I can say 3 make much sense, especially when there's little 3 is that those, you know, you're required to show the 4 recreational value to it, 4 protected trees on the detailed plan. Those are 5 MR ENGELBRECIM Have any of the residents 5 probably not what v.r define as a protected tree. If 6 discus,,xtl any of this with you at all? 6 they are on individual lots, then, you know, somebody 7 MR. HODNEY, No, I haven't had any contw t. 7 can come out and cut those down anytime they want. You 8 MR. ENGELBRF.CHT: Thank you. 8 know, obviously there is a certain advantage to keeping 9 MR- HODNEY: You bet. 9 trees on your property and one can hope that that would 10 MS. SCHERT-- iriank you, Your comrttents -Acre 10 happen, but at this point in time, our regulations do I I appreciated. Did we answer your questions in I1 not dcta single family property owners from cutting 12 opposition? 12 down their trees if that's whet they choose to do. 13 MS. wA-niN: I have another one. 13 MR. ENGEL 3RECHT: t might ask you; it is 14 Ms. SCHER72.• And we'U do more in just a 14 true, however, that in the casement area, if the city 15 second. If you'd like to address the podium then we'll 15 does work in there or the developer, they will be 16 complete your questions, please. 16 required to conic in and make a specific request to 17 Ms. wATEIN: I just need really to ask one 17 remove any trees ten inches or larger? 18 more other question. We ncedod to find out, basically, 18 MR mEvEs: ;.fight. If they are protected 19 the trees on the existing fens line on Yorkshire, what 19 trees that will be removed through any work that would 20 was going to happen to therm. They're basically right 20 be done in that drainage easement, then by our current fl 21 above the casement behind our yards on Yorkslure. And 21 regulations, whichever department that is, would have to 22 there is also another line of trees which I don't see on 22 come to the Planning and Zoning Commission and present, 23 the map. They're, basically, north and south to the 23 you know, their project. So, ycs, at this point in 24 highway. And I do not see those at all on the map and 24 time, if there wen protected trees in that easement 25 really wanted to address what was going to happen to the 25 that were going to be removed as part of a drainage Page 42 Page 44 I tree litres in both existing arers. I project there, then somebody would be here, you know, 2 MS. SCHERTZ: All right. Thank you. 2 pmsenting that project and identifying which troes were 3 MR, ENGLLBR6CHT: Before you leave, I wonder 3 going to be removed. 4 if I might just ask a couple of questions. One, have 4 MR ENGELBRECHT: This is for the bcnelit of 5 you talked to the Planning Department at all or your 5 the neighbors here, I believe the detailed plan 6 neighborhood representatives? 6 indicates there are 93 trees of ten inches and plus in 7 MS. AATHIN: No, we haven't heard, This was 7 sift, 90 of those being post oak? 8 the first thing we have heard is from this. 8 M0. REEVES: Correct. 9 MR. FNGELBRFCHT: Okay. 9 MR ENGELBRECHT: t wondered, Air. Reeves, if 10 MS. WATHtN: Other than that, there was no to you might they could just have this one. You might I I other contact. I I just pass this back to them becatL;c it does show those 12 MR. ENGELBRECHT: All right. Thank you, 12 protected trees on there. • 13 MR. REEVES: I'm not sure you can actually 13 MS. SCHERTZ: Thank you. Anyone else to 14 see it on here. You may have to look at your full size 4 speak in opposition? Please address the podium sir, i 15 copies to spot it, but the applicant has identified all and give your name and address. 16 what we defined in our landscape ordinance as a 16 MR. KLINM My name is Dan Kunz. I'm at 2224 17 protected tree which is a tree ten inches in diameter or 17 Yorkshire. The first question is probably going to be t8 la:ger. And they were identified along here and along 18 difficult to answer. I wonder in a comparable 58 acre t9 here, I don't believe any of them are actually in the 19 area which would be west of Yorkshire how many units a 20 detention pond area, What that area what that area 20 comparable 58 acre area would include. I think there's 21 where the trees are, those arc actually parts of lots 21 like 129,:i 132. If we looked on the other side of 22 through which the drainage easement will run. I don't 22 Yorkshire, would it be comparable to that. That's my 23 believe that there are actually any protected trees in 23 first question, And the second question is how close 24 that area that am down in the channel. And, you know, 24 will the homes be placed next to the detention area. 25 certainly the ones that arc farther back will probably 25 And if we maize an analogy with the, I guess, the Planning and Zoning Meeting, August 13, 1997 a7, Page 41 - Page 44 f f Condenscitt''t Page 45 Page 47 1 detention area we talked about up at North takes, 1 detailed plan and how it's being reviewed and processed? 2 there's a pond there, but there are no homes near that 2 MR. BEEVES: For the benefit of our new 3 pond. So how close will be the homes that are to be 3 Commission members and for the audience, I'll try and 4 built to that detention area. And, normally, how close 4 explain our plan dcvclopment process. I'm sure you'll 5 are homes placed next to detention areas? 5 probably wonder what I was talking about when I W 6 Ms. SCHFRT-, Thank you. 6 done. p,-~r plan development process is normally a t m- 7 MR. REEVES: As far as homes on these lots 7 stage proxss. 'You can start at any stage that you want 8 that abut the detention area, your larger detailed plans 8 to start at. The first level is called a concept plan. 9 there have the standard for that, for the single family 9 MS. GOURNE: Actually, there is a couple in 10 district as far as setbacks. I believe Lhe rear yard 10 the back, they wee- curious as to how this worked. I 1 set back is ten feet in that table. As far as I I i She'd asked a question how to make the plan work. I'd 12 can't answer the rust question. I have no idea what a 12 just ILke to get her attention and so she can bear. 13 comparable 58 acres across the road would have as far n Ma'am, you had a question earlier about how this 14 the number of lots and houses. 14 detailed plan wurks and how we make those changes and 15 MR DUCEKr Welt, Wa;0.r, let me if I 15 how it works. Mr. Raves is here explaining it. And if 16 might add something, I think we may be getting a little 16 you'd like to hear along with me, because I'm new at 17 bit of a fol. The rot.ing is set under the prior caw, 17 ;his, too, and hopefully, he'll answer your question is This is just the detailed plan on them. So the concept 18 slung with mine. 19 really is that they have the right under the zoning to 19 L^.NIDENTIFlED SPEAKER: I didn't mean to be 20 put these homes there, thee, lots that way. It's 20 rude if I interrupted. I was just trying to find out 21 outside our jurisdiction to look at that issue and say, 21 how it was laid out and what size of houses the plan is 22 well, yes, you have zoning for sF- lo, but we want you on 22 for. 21 this detailed plan to make them 11,000 square foot. 23 MA GOURDIE: Bight. He'll answer that for 24 That's not something we have the jurisdiction to do. 24 us right now. 25 And so I want to be sure we don't get too far afield 25 VNTDEN-nFIED SPEAKER: Thank you very much. Page e5 Page 48 1 thinking we can make that happen in this detailed plcn I MR REEvEs: As I was saying the first stage 2 because that's outside of our authority to do. 2 of the planned development process is called the concept 3 NR. ENGELBRECHT: (just wanted to point out 3 plan. And that was one of the overheads that I stwwed 4 that any SF-Ice will have the same density in town. As a 4 earlier which was approved in 1985. At that point 5 matter of fact, some of these lots are larger than 5 som,-body could come in and go directly to a detailal 6 10,000 square foci and, therefore, they'll actually have 6 plan. They could do the second stage which is called 7 less density than could actually be allowed in SF-10. t 7 the development plan. With this particular one, what 8 live on a street of SF-1o and they're virtually all 8 they're doing now is a detailed plan, and this will go 9 right at 10,000 square foci. Thcre aren't any larger, 9 to the city council and be approved by ordinance. As 10 but in this rase there are some a title bit larger so 10 for as determining minimum house sizes, to put it 11 that it can't be ter, maximum that could be put there. I 1 bluntly, you're treading on very thin legal water when 12 MR REEvEs: Perhaps, as kind of a 12 you start doing that. There is no minimum house size f 13 thumbnail-type comparison, for a single family ten 13 proposed with this planned development. 14 subdivision, you're going to get between three 14 MA ENGELBBECHT: t'd just like to make one r 15 depending on yew lot arrangement, yeu're going to get 15 comment with regard to a question that was asked. In 16 between three and three and a half units an acre. A 16 the North Lakes area, there is a better part of oh, 25 17 single family seven subdivision, once again, depending 17 horses who back up to the lake on the west side. The 18 on your lot arrangement where your streets and your 18 only thing between them adxl the lake is some short f 19 casements and everything else go at, you'll gel four to 19 distance and the berm, sort of the dam that's there, 20 four and a half an acre. For something as large as 20 You can literally walk out the back yo--d right over into f f 21 single family 16, you'll get two to two and a half. So, 21 the lake, So this is we have this in town already 22 you know, as kind of a thumbnail comparison, that should 22 and that's a standing lake, constant water. I 23 give you some idea. 23 MS. SCNERTZ Anyone else tare to speak in 1 24 MR. HILL, walta, could you please explain 24 opposition? Please address the podium and give your 25 where we stand with the development plan and the 13 name and address. Planning and Zoning Meeting, August 13, 1997 o Page 45 - "age 48 Condenseitr''r Page 49 Page 51 1 Ms. POKARstu: My name is Nancy Pokarski. I I MR SALMON: with a detention pond this ' 2 live at ?416 Nottingham. I'm not rK:xssarily opposed to 2 size, if we had a real large storm, you know, it might this, but I do have some things that I would like to 3 take several hours for it to drain out completely. You 4 address. Number one, I live downhill of the detention 4 know, on an every day rain or something like we had 5 pond. So my main question is going to be about the 5 today, you probably wouldn't even have standing water in 6 detention pond. 1 don't lit a wben he said it was ten 6 it. 7 feet setback for heaves. To me that seems like we're 7 The sides will be at a slope of I'll try 8 addressing a safety issue here. Five to six feet deep a to put this in something that everyone can picture. For 9 of water, I think there's lots and lots of kids in our 9 every foot of depth the slope on the sides will go out Ic neighborhood. And even if it's fa a short p:: d of 10 at least four feet. So it's going to be a very gradual 1 t time, I think that would be a safety issue. 11 side slope. It's not going to be you're not going to 12 So I would like morn information on the 12 be able to stand at the edge of the pond and jump into 13 detention ponds and not ncoessarily because we have 13 six feet of water when it's got water in it. 1 mean, it 14 something in town like that. is it a goad idea? You 14 will actually be go from no water and gradually, when 15 know, we still have to address these things. My second 15 you get out in the middle have about five or six feet of 16 thing is when you say that the lots are comparable. The 16 water. And Re I said, that slope is very or is 17 lots are at least ten pcroent smaller than the lots that 17 relatively flat. I mean, it's something that our 18 they face up to. The lots that they back up to are 18 maintenance crews can mow with a riding lawnmower, l 19 t 1,200 square feet, the smallest. And w'e're saying that 19 mean, and not tip over. 1 mean, there's really not a .0 these lots are approximately 10,000 square feel, minimum 20 lot to it. I guess, I really don't know that much more 21 of 10 peroent diffenmee, I think that that's enough to 21 to add. 22 address that issue. 22 MA H!Lt_• The only other thing 1 can think 23 Also, the traffic. It was brought up that 23 of is, does this look like it's actually benning or is 24 maybe there would be an additional 700 traffic on Kings 24 it going to be a cut project or a little bit of both? 25 Row. Wcll, you've got 132 Iota, approximately two cars 25 MR SALMON: well, right along Kings Row, Page 50 Page 52 1 per lot. 1 make ten trips a day, you know. If my 1 there may be a little bit of bcnning right, you know, 2 husband makes ten trips a day, that's 20 times 132, a 2 behind the curb. It might be bermed up a couple of 3 lot more than 500 to 700 trips more on Kings Rav. 3 feet, But once you get back further into the property, 4 Also, where the Kings Row conies ova r 4 the grades, the natural grades, are high enough so there 5 ditch, k think that's a major problem because that does s wouldn't have to be airy berming at all. The water 6 come down. I would expect that y'all would have to 6 elevation would mvvr come up any higher than the 7 widen that and that would have to be maybe, you know, 7 existing topograpl- . I fairly quickly before they put the houses in, a MS. SCHERTL: Thank you. 9 So that's just some of the issues the. we 9 MR. ENGELBRECHT: Question. T13e developer 10 nerd to addn-s. I wish that we would has . had a 10 is going to donate the land. Who is going to actually I I neighborhood meeting or something before this Setter was I I do the development of the Mention pond? Will that be 0 12 sent out to us. This was the first that I had ever 12 the City or how is that going to work? 13 heard of it. So that was another issue if we could have 13 MR. SALMON: Well, probably a combination of 14 had some, you know, input in the neighborhood would have 14 city and development. This developer wlil construct a i 15 boen nice. So that's it Tlmk you. 15 probably a small portion of the pond based on their 16 MS. SCHERT7 Thant( you. Mr. Salmon, could 16 increased runoff, As other properties on the other side 17 you address the podium for a second, please. Could you l7 of Sherman Drive develop, they will be required to 14 give us some input as to the design of the detention t a participate ar well and also contribute to the ! 19 pond that aright help scrod some light to some of the 19 construction depending on how much additional water 20 questions that are being raised by the citizens? 20 they're going to generate with their development. At 21 MR SALMON: First of all, it will only have 21 sortie point, if the pond isn't completed in that manner, 22 water in it when it's raining and probably for a short 22 the city will probably do so through its capital 23 period of time aftu it stops raining. 23 improvem ms program. 24 MS. SCHERTZ Define short period of time 24 MIL ENGELBRECHT: But the design will be 25 for people that don't understand that 25 approved by will have to be at least approved by the Planning and Zoning Meeting, August 13, 1997 5R9 Page 49 - Page 52 . s • Condcnsclt'm Page 53 Page 55 I Engineering Department? 1 there's ° I've got some pictures that kind of show 2 MR SALMON: Right. The design of the pond 2 the difference. Level or service C, I guess, is, if you , 3 is going to have to be approved by the city before 3 could picture a highway that was a level of service C, 4 anything happens. 4 there would be a lot of cars on the highway but they 5 MR ENGELBRFCHT: Right. And is there any 5 would all be traveling at the normal speed. There 6 problem with those residents coming down to talk with 6 wouldn't be a lot of sluwing down. There wouldn't be - 7 the Engineering Department about the design of drat 7 there wouldn't be a lot of delay. There would be a 8 structure out there and what it's going to look like and 8 considerable amount of traffic. But it would all be 9 that sort of thing? 9 moving very smoothly without any kind of delay or 10 MR SALMON: No, not at all. I would just 10 conflict. So, you know, level of service C can be a lot I 1 say that at this point we don't really have anything to I l of traffic, but yet it's a level of traffic that that 12 look at, But, you know, as this particular developer 12 road is actually designed to carry. 13 starts working on his final plat and construction plans, 13 MS. SCHERTZ: All light, Tbank you. That 14 they're certainly available for the public to see as 14 helped. Is there anyone else to speak in opposition? 13 well as any other developer that comes in further down 15 MR. OLSON: My name is Eric Olson. I live 16 the line with plans for that area. 16 at 1716 Kings Row. And just on the map, just so you can 17 MR ENGELBRFCHT: Thane you. 17 kind of visualize where I'm at. We live right on this IB Ms. SCHFRTL Do you address traffic? 18 lot but so we will be just directly from the detention 19 MR SALMON: Yes. 19 pond and most of the questions l had sinned to be 20 MS. SCHERTZ: Okay. I was just looking on 20 answered by, you know, the shape and size. But what 1 21 page 31 and the woman mentioned about the traffic study 21 was wondering is, will then: be any trees or any 22 and under Item 4, itjust very specifically tells the 22 beautification done alongside Kings Row to hide this 23 Commissioners, no traffic study has beer submitted and 23 pond from the rest was 1 guess one question. And then 24 now is required at this stage of the development 24 the other one they were talking about digging out or 25 process. And then it goes to talk about how what the 23 making the drainage ditch behind there's a drainage Pag54 Page 56 o I proposed trips will be and the calculation we came up 1 ditch that rims all the way behind our property, so 2 with is very similar with the woman in the audience and 2 making it deeper and wider. How mesh wider is that 3 what she suggested. And so I just want to clarify, if I 3 going to be? Pecattse that will be right into our 4 understand this correctly, it's not required at this 4 backyard, I guess, is what I'm looking at. Just so you 5 stage because it will be required later? 5 can see where I'm at. aee,1 live right here. And 6 MR SALMON: No. Actually, we don't have 6 that drainage ditch runs behind, you know, see what I'm 7 any reason to believe the traffic the intersections 7 getting at? 8 around this piece of property we functioning at very a MR SALMON: Actually, the purpose of the 9 low levels of service meaning they aren't even clote to 9 detention pond is so that at a later date, the city 10 being icvel of servix C. to doesn't have to come into everyone's back yards and make h I M0. SCHERTL: Okay. I l it wider. I don't know. I don't have an answer about 12 MR SAL14W: we would not require a traffic 12 trees or beautification at this point, Typically, if 13 study unless they had more than 5,000 vehicles per day 13 the city were going to be building something like this 14 or we're in a situation where we thought they were going 14 in its capital improvements program, we would probably 15 to be placing one of the roads or intersections over 15 put some money in for landscaping, probably some Iron 16 what we would calla level of service C. Kings Row and 16 or something along the street. 17 Shemnan Drive and the associated intersections are all 17 In addition, I anticipate, though, as well, IS functioning extremely well. There is no reason to IS that there will probably be about a loot, foot and ■ • 19 believe that this additional 130, 140 lots is going to 19 half, maybe even a two foot berm along Kings Row on that s 20 put it anywhere near level of service c, so we wouldn't 20 north aide. So someone from across the street you're 21 require a traffic study for this. 21 not really going to be able to see into the bottom of 22 Ms. scHERta can you define level of 22 the pond. 23 Service C? 23 MR ENGELa1tECHT: would that be anWw area 24 MR SALMON: That's another one of those 24 where residents could have some impact by simply coming 25 uungs that's sort of hard to visualize. 1 wish I had 25 down and talking with you about what plans you have and Planning and Zoning Mating, August 13, 1997 30 Page 53 • Page 56 e • Condenscltt'r Page 57 Page 59 t what their ideas might be? I affects we drastically, the action with the holding pond 2 MR SALMON-. Right and especially if it 2 and the additional traffic. I moved there in 1986, 3 turns out in the future that the city has to complete 3 first house on the comer. And right now I can't back 4 the construction with its capital improvements program, 4 out of my driveway because of the traffic sometimes in 5 we always actively seek neighborhood input before we 5 the rooming. And it's --1 don't know who said or what 6 finish the plans. 6 how they counted the cars, but there's a lot more 7 MIL ENGELBRECHT: Thank you. 7 cars that go down Kings Row than they do any and my 8 Ms. SCHERTL Thank you. Yes, sir. Please 8 garage goes out onto Kings Row. That's the only exit 1 9 address the podium. 9 have from my property. So 1 object, basically, to the 10 MR. NEwMAN: My name is Joe Newman. And 1 10 ° I was not aware in 1986 that there was a stamp of I I live at 1320 Cromwell which is the intersection of the 11 approval on something back in the 180s as far as the 12 Wellington and Cromwell in --1 forgot ° I think it's 12 develop.nent over diem. The development, I don't try to 13 Carriage Estates or something. I'm north of Kings Row 13 keep anybody from making money. And that's what he's in 14 and east of Sherman Drive. And my comment about this is 14 business to do. The smaller lots detract from my 15 exactly the Same that a lot of our neighborhood had when 1S property. 1 don't have the largest lot in Hannah 16 they had the hearing on the first hearing on Hannah 16 Estates, but 1 do have a reasonably sized lot. And 1 17 Estates. By my magnifying glass, it appears that 17 think that my property in the development here, looking 18 there's a lot or 40 to 55 foot lots or something out is right directly into a holding pond will be less than it 19 here which does not make 1 know the savings and loan 19 is now. And the city has raised my taxes quite a bit in 20 that had the Hannah Estates got real angry at us for 20 the last three or four years, So I do pay enough taxes 71 protesting the small lob that they originally wanted to 21 to the city on my property and to take away from that, 22 put in then;. And they had to go ahead and put in, you 22 what I can see down the road is it's going to cost me 23 know, 90 foot to 110 foot lots and developed into a very 23 money. Thank you. 24 lovely neighborhood there. And I have the same 24 MR. ENGELBRECHT: Excuse rue, sir, how large 25 objection to this as I do to that, I think it should be 25 Is your lot? Page 58 Page 60 I developed in somewhat the same manner as the 1 MR. NEwMAx: My lot is 125 feet by 160 feet. 2 neighborhoods around it. And it appears to me that its 2 MR. ENGELBRECHT: Okay. Thank you. 3 lots arc not much more than half the size of the lots in 3 MR SUCEK: i think that there may be some 4 the Hannah Estates, and in the neighbor where I live, 4 confusion with the audience on the nature of zoning and 5 also the Jennings area across Sherman Drive, I maintain s what's happening today. A prior case we were dealing 6 that this area should be developed and is doesn't make 6 with was a platting case. And at the platting, that's 7 any you know, two very small lots would bring the 7 when you're putting yuw streets down and you're setting 8 same amount of money as one normal size lot like 8 the size of your lob and getting ready for the 9 everybody has out there. It doesn't affect the 9 development of the selling of the lots. The detailed 10 developers in that they can't get as much money for 10 plan is „1t quite at that stage yet. We still have a I I their property in having larger lots and fewer of them, I1 preliminary plat or a platting pnAxm that will follow • 12 they'll just get more money for each lot. And I came in 12 this. And that's when you Inok at the traffic issues. 13 late and 1 heard some of the discussion. One of the 13 You look at those drainage issues. You do those kinds 14 something that I don't know very much about, but that's 14 of things. Right now what we're into is a detailed plan i 15 about 30 to 50 acres of very flat land out there and I 15 which has got to be based on the zoning. Just like when 16 hear that you're addressing that. And that will 16 you buy your lot, you knew when you bought your lot that 17 certainly be something with a large impact of the people 17 the lot text to you, if it was an sr 13,000 square foot 18 downstream from this. Is or an SP m,ooo square root or one acre when you buy • 19 MS. SCHERTZ: Thank you for your comments. 19 one acre and you look at that plat, you know the guy • 20 MR NEAMAN: So 1 would object to it just on 20 next to you is one acre. You have to remember that you 21 the lot size. 21 have to look at the entire city on zoning. And there 22 MS. SCHERTZ; Thank you. Yes, Sir. Please 22 are cities that have tried to have, say, one acre lots 23 address the podium. 23 across the whole city or three quarter acre lots across 24 MR. ROKN& My name is Jerry Rornite. 1 24 the whole city and all of those cities have born sued, 25 live on the corner of Nottingham and Kings Row and it 25 lost multi millions of dollars, of tax dollars, because Planing and Zoning Meeting, August 13, 19973/, Page 57 - Page 60 7.7 7 • • Condensclt"' Page 61 Page 63 l that's illegal under the law. We have to have a variety I But in the law you don't fence rivers. You 2 of zoning categories all over the city. And, of course, 2 don't fetter streams. You don't fence lakes. There's no 3 if you have an acre or you have three quarters of an 3 requirement because you can't get it you know, 4 acre, you want your property next to you to be three 4 historically, those things have come down and those 5 quarters of an acre. Then when that one's built, the 5 larger bodies of water you don't fence. And it is a 6 next guy wants it to be three quarters of an acre and 6 safety issue. There's no way to get around it. And so 7 you never would get you wouldn't be able to comply 7 on a detention basin, that's the same issue. The end 8 with the law. At some point, you have to have these 8 result is that's not the kind of thing you go and fence. 9 transitions. And as much as the council and this 9 It's true a kid can walk into there and they cat drown. 10 Commission l want to be sure you understand as 10 'Ve cannot as a municipality protect from every kind of 11 much as they may identify with what you're saying, l I danger that exists. And it's no reflection I don't 12 they've sat here in previous moetings. They've scent 12 want you to feel it's any reflection on this council or 13 some of those cases and they understand the law. And I 13 this Commission if they have to vote a certain way 14 just want to be sure you're clear. 14 because they have to comply with the legal advice that 15 There has to be commercial properties in the 15 we've had to give them. And some of the things that 16 city. There has to be industrial areas in the city. 16 have been raised tonight are things beyond their 17 There has to be SF-10. There has to be SF-16. There 17 jurisdiction to control. 18 has to be this whole variety of businesses in this city. Is Ms. scmmz: Thank you. Is there anyone to 19 Theme is a right to have a section-oriented business. 19 speak in opposition? Please address the podium and give 20 Many cities have tried to fight that and you lose every 20 your name and address and then we'll get to the 21 time. Because the law says that in a community, you 21 gentleman in the back that's boon so patient, too. 22 have to have a variety of uses. 22 Mtn. BURCH! rm M.C. Burch, 7034 Country 23 So we are at the point in 1985 and I don't 23 Club Road. Most of these zonings 1 have looked at here 24 know how many of you have been them since then, but in 24 recently, they have made small lots. They are making 25 1985 the law was and something may have missed you at 25 narrow roads. You can always build out a large lot Page 62 Page 64 I that point, but in 1985 we have to notice people when we l you can build a small house but on a small lot, you have 2 are reaming property. In 1985 this property was zoxd 2 a hard time building a large house. Very few families 3 for exactly what you'm. seeing on this plat here, SF-to. 3 have Im than two cars. A lot of those lots am not 4 There is nothing we can do to correct that other than 4 small enough that they can have a garage, parking area 5 going through and adopting a new comprehensive plan that S but park it in the streets. And I think you-all have an 6 reallocates all the property in the city. And when you 6 ordinance here, you're not supposed to leave your cars 7 do that, that comprehensive plan cannot go all SF-16 7 in the street overnight. 8 It can't go all one acre ranchettes. So you have to 8 So the next thing is when they park that 9 realize that when these people vote later trlay, it is 9 way, what you-a11 going to do about the fun trucks, 10 not a reflection on what you said, but they have to 10 fire protection and all that? Because they're making I 1 comply today with the detailed plan on what the zoning 11 most of them are making the minimum width on their • 12 that was approved in '85. 12 streets. School buses and all, will have to run through 13 And I just want to be sure and remembering 13 a lot of those places. They need a little room to 14 that from the standpoint of your drainage issues, those 14 operate those things without the kids stepping out in i 15 things will be looked at later, as v.mll, certain traffic 15 front of them. Well, that's about most of my gripes 16 issues may come up later in addition to what we've 16 ntbout this. 17 talked about. The thing that I think is being lost and 17 Ms, self ERTL sir, could you give your name 18 you have to remember because safety is what you all are 18 again, please. 6 19 talking about. And in a developed community, safety Is 19 MR BURCH: M.C. Burch, B-u-r-c-h. 0 20 always a problem because once you get away from one acre 20 MS. SCHER i'_' Thank you. Thank you for your 21 ranchettes, once you get away from large parcels, you 21 comments. 22 run into this problem. So what cities have been able to 22 M0. woods: My name is lack Woods and I live 23 do, when you deal with a swimming pool, we have certain 23 at 2313 Yorkshire. And we just purchased the house 24 guidelines on a lot to control the sire, to protect, to 24 them and having gone through that process in the last 25 put a feria around a swimming pool. 25 two weeks, part of our house loan value was based on Plar*r r and Zoning Meeting, August 13, 1997 3 ,Z Page 61 - Page 64 • Condenscitn' Page 65 Page 67 1 comparable housing in the area. And comparable housing 1 easement is going to occur, but I would be concerned 2 at this point was what our house appraised for, Now,1 2 about whether that easement is going to be in my back 3 understand what you just got through talking ahc it. I 3 yard. I don't know how far it will back up. I don't 4 understand in 1985 this wasn't also the configuration 4 know. But being new to the property, I'm concerned 5 what 1 saw was, not all this housing, but a park and 5 about again, I'm counting and I realize that this 6 some other things at that time. Now, I don't know. 6 was in 1985 they did this, but I'm concerned about the 7 But my major concern is I'm looking at a 7 tkgradation of the integrity of the neighborhoods there. 8 property value problem. Now, based on what 1 just 8 And it's a concem of I'm sure most people when they 9 borrowed money on, it is going to be that way very much 9 look at the you know, I don't even know the size of 10 longer. That's a concern. But I hear some very 10 my lot because I'm still unpacking boxes. But I'm I l disturbing things here today. I've heard these I I counting just on Yorkshire there, I'm counting I I and it 12 gentlemen say, "I'm not sure," and "maybe" and "I'm sure 12 half to 12 lots opposing it and 1 don't see any way in 13 they will." I don't hear a lot of definite things 13 the world unless they're charging just a whole heck of a 14 dealing with very important issues and people that 14 lot of money for those lots, my property value is going is supposedly have researched this issue. I beard that 15 to keep from decreasing. And I haven't made a first 16 I know 1 was fortunate enough that Mr. Kunz came by and 16 payment on my house yet. So, you know, I'm a little 17 said, hey, we're going to have this meeting tonight. 17 concerned about that. Had 1 twT aware of this, I quite 18 And, of course, just having moved in, I wouldo't have 18 frankly would not have bought that property. I would 19 necessarily gotten the notice, but I'm seeing much 19 have looked elsewhere in the city. And so it's 20 higher percentages of our people hem tonight. Had we 20 disturbing to me, just moving into a situation like 21 had a mating or something, block meeting, I'm surer we 21 this. There doesn't same to be enough neighborhood 22 would have a lot more here, but I see more people 22 input in talking about substantive issues concerning bow 23 representing opposed than the projected figures that 23 it will impact the rest of us that live there. Gosh, 24 were on paper. Again, that's my concern. I see a lot 24 it's grew to have new people moving into Denton. And 25 of ambiguity here tonight in dealing with real concrete 25 it's great to be able ,A provide reasonable housing for Page 66 Page 68 1 issues. I mean, we've talked about lot sizes and things 1 them. But I see a whole lot of stuff crammed into a 2 like that. But I've heard, "Oh, I'm sure the developer 2 little bittie old spot and a whole lot of traffic issues 3 will do this," And I may have heard this wrong, but at 3 that have already been addressed. 1 mean, f can't 4 one point in the detention area, again, I thought 1 4 address them any more eloquently than they'%c already 5 heard that the city would mow that and fog it and then 5 been done. 6 at another point said, no, that would be the developer's 6 But those arc my concerns. Again, the 7 responsibility, Did 1 hear that wrong? 7 ambiguity is really disturbing me here. "it may be," 8 MR. BUCEK: Yes, you hearu that wrong. 8 and 'We're not sure," &A 'I don't know." And when it 9 MR. WOODS: Okay. Well, that's what I'm 9 came to the lot sizes, we seemed to know those, but we 10 asking because I was unckar on that. 10 dealt with minimum lot sizes on our houses and maximum 11 MR- BUCEK: The confusion we had is that if 11 on there's, not the average. So I'm seeing I don't • 12 it's a park the Parks Department mows. If it's a 12 know. I'm disturbed by that, that we are not getting 13 drainage easement or a drainage feature, our Utility 13 really an accurate picture or even a secure picture of 14 Development is responsible. But no one was saying that 14 what plans will be followed through on. Who is going to 15 the property owner, once it belonged to the city would 15 do it or what assurances do we have. And there's no 16 be responsible for the maintenance. 16 minimum lot sin. Who knows what si . is going to be in 17 MR. WOODS: Right. Well, I wanted to clear 17 there. You know, that bothers me. But those arc my 18 that up because I wasn't sure about that issue. 18 concerns and property value is one of them But also O 19 MR. BUCEK: It was kind of confusing. 1 19 ambiguity is another one. I'm disturbed by that • 20 understand. 20 probably more than anything else. 7bank you. 21 MR. WOODS But, again, the ambiguity of the 21 Ms. Si-HERTZ. Yes, sir. 22 answers I'm hearing disturb me a lot, Well, "maybe" 22 UN'IL)E%MFIED SPEAKER: 1 have already spoken 23 "1'm sure they will do that," "And at this phase, maybe 23 but may 1 ask for a question of clarification? The 24 they will do this." And, you know, even the easement 24 gentleman told w what we could not consider here such 25 1 don't live on that side of Yorkshire where the 25 as lot sizes and traffic hazards and all this. 3115[ Planning and Zoning Mocting, August 13, 1997 3 3 Page 65 - Page 68 _ •..a.wpn!pllw-fyYr~ , -t ~ u.,..rV+ir~w/Y++Wr.YM..w m h • • Coadenseltm Page 69 Page 71 1 exactly what is this to decide? 1 got my letter. I'm 1 allows for the consideration of a development plan which 2 lost. 2 contains less information that would go to the city 3 MS. SCHERTZ: All right. 'T'hank you. 3 council along with the rezoning request. If it's 4 MR. BUCEK: The zoning was set back in '85 4 approved, then more detail would be added to the plan s on the property. And so as a result of the planned S and then the Planning and Zoning Commission could 6 development, the trxt phase is the detailed plan that 6 approve it without it having to go back to council. The 7 gives the city more understanding of exactly how the 7 plans that were presented in the past did not contain 8 final utilization of the property will conic. The s enough information to be crosidered development plans, 9 traffic issues that we are talking about, the reason why 9 although, the zoning was approved on a concept level, l to there may be some ambiguity, is the platting process is to guess, is the best way 'o say that. I I the next stage. And in the platting process is when we I I And as a result, we are looking at how this 12 have to bring in engineering plans to show how the 12 now, that they are coming ;n with a detailed plan, it 13 roads, internal roads would be constructed, if there's 13 still has to go on to council, but what at'r looking at 14 any requirement to do all street improvements. That's 14 is the analysis of any potential negative impacts is at the point that we look at those kinds of issues. And is whether they have been mitigated and there is the 16 so to some extent we don't have those answers yet until 16 approval or denial power. The Planning and Zoning t7 the plat is filed that will indicate where the roadways 17 Commission will be making a tecotamendation to the city is are going to be or things of that type. Some of that 18 council and city council does have that final approval 19 stuff what is confusing, and I can understand that, 19 or denial authority when they review this particular 20 because then is detail on here, you can set a lot of 20 plan. So if you're wondering why are we doing this. 21 that stuff from just looking at this. We have a feel 21 Thum is a very --1 mean, if city council feels or the 22 for where that's all going to go. But the concept is at 22 Planning and Zoning Commission recommends to the city 23 every process, then a is a certain amount of things a 23 council that some things toed to be taken care of in 24 city checks. And t&-re's a number of issues y: a're 24 order to mitigate negative impacts, then those are items ' 2s raising which are ven, fine issues which, of course, 25 that would be passed to council and council is going to Page 70 Page 72 1 we'll keep track of and we'll be following those when w-c 1 have to make a final determination of what ought to be 2 come through the platting process. But 1 didn't say 2 done. 3 that you couldn't talk about traffic. It's very 3 MS. SCHREIBER: But what wt see here is a 4 appropriate to talk about traffic. I'm just saying that 4 dote deal; is that basically it? s we can do more on traffic at the platting stage than we s MIL HILU Not at all. If it's considered 6 can do on traffic at this stage is what 1 meant. 6 what we're trying to indicate to you is that there 7 MS. SCHREIaER: My name is Gloria Kay 7 are certain aspects of the plan that require some s Schreiber. I live at 2228 Yorkshire and I'd like to s discussion and some analysis, for example, traffic, all 9 know what we're doing at this stage. Cm serious. I'm 9 right? A.id while we typically will look et, during the 10 not trying to be smart clacky. If we can't I mean, to subdivision process, if it looks like it's warranted, a 11 if we're not if input is not to be made presented I I tr:r: is molysis would be required. At this point in • 12 for making any decisions or recommendations here about 12 rirle, you arc seeing that initial viewpoint from the 13 the traffic or concem about the sift of homes, the sire I- standpoint of city information. We know what the { 14 of lots, the number of cars, the number of homes, what 14 traffic counts are and what the capacity of those i 15 are we doing here? 1 mean, what is the purpose of the Is roadways are. So we are getting into it's kind of a 16 meeting if everything was decided in '85? f mean, what 16 winnowing down process, but when it gets down to the 17 are wt: supposed to be doing tonight? 17 actual platting process, if this is approved, then there • i is MA HILL: I'm going to try to answer that Is would be further discussion as to what kind of 19 if it's all right. 19 intersection improvements or other kinds of items that • • 20 Ms. SCHERTZ: Yes. 20 need to be taken care of. So all of these things, for \ r/1 21 M5. SCHREIDER: 1 really am serious. I 21 example, trots can be looked at by city council and they 22 mean, I don't know. 22 can say, well, we'd like to have the trees preserved or 23 M& HILL: No, I understand. Quit, 23 not if that's an important issue. I'm kind of writing 24 honestly, what you're looking at is a detailed plan, 24 things down as we go because these issues that you're 25 all right. There Is a pan of the rezoning process that 25 bringing up art not going to be ignored. They're going Planaiag and Zoning Meeting, August 13, 1997 3y, Page 69 • Page 72 s CondenscIt97ie Page 73 Page 75 1 to be relayed in the form of minutes and in the form of l this stage, there is a lot to do. So this one you're 2 the staff report to the city council along with the 2 looking at, it appears there's not much because they 3 Planning and 7.c ning recommendation. So this is by no 3 have listened to staff direction. Sometimes when it's 4 means a done deal if that's the kind of question you're 4 not, there is a lot to do. And there is more there. 5 asking. S And I think that's wtere you feel kind of hamstrung in 6 . MS. SCHREIBER: Well, 1 was just seriously 6 that they have done a number of things and staff is 7 trying to find out by coming and voicing opinions or 7 recommending it and it looks like it's a done deal. But 8 concerns or asking the questions and all, what I have 8 we've always got to get things lined up so that it's in 9 deciphered from this is that this was already decided on 9 a way for council to re view it and tell us is this what 10 and you can talk about it, but it doesn't matter. 10 your major plan for the city is. But the zoning is the I I MR. HILL: No. They have to have the i I only thing that's really been set. If they had had the 12 approval of city council to go forward. And if city 12 street in the wrong place, you could have come in and 13 council feels that that is not appropriate, then they 13 said, we think the street ought to intersect over hero 14 can deny the application for the &-tailed plan. 14 and we would have listened to that, chocked with 15 MR. BWEK I think maybe 1 can MIp a 15 engineering and taken that input. I6 little bit for you to understand some of those things. 16 MS. SCHREIBER: okay. Thank you very much 17 When the concept plan that happened in '85 and all that 17 MS. SCHERTZ: Thank you. Is there anyone to I8 really does is set the zoning, the SF-lo, the duplex, 18 speak in opposition? Please address the podium. 19 all the other stuff, that set that standard. But, you 19 MR. BuRCH: Here I bounce up here again. 20 know, what does it look like? There's no real 20 But another thing I was thinking about there, as you 21 picture. At each level you get a better snapshot of bow 21 said that was in 1955 that that was zoned more or less, 22 something looks. What's occurring is, the reason the 22 why shouldn't there not be a limitation, a certain time, 23 staff has laid this out, the developer has conic in and 23 if they don't start developing on that, that that would 24 provided this detailed plan and in the preliminary 24 cancel out and we would have to get a complete new setup 25 phases, there's interaction between staff trying to make 25 because, you know, time changes everything. And that Page 74 Page 76 1 improvements or whatever. What you have is something l would give you-all a chance to respond to a lot of 2 that staff is recommending approval which meatus the 2 things. A lot of these developers conic in and get 3 developer has responded to a number of their suggestions 3 something developed out, then they go to the horse trade 4 and has alligned things the 3y they foci appropriate. 4 around each other. Orr, day they're taking the 5 On occasion you win get a detailed plan S commission off of that part for his pay for another one. 6 that is not that way, someone is putting a s*rmt in a 6 So if that started in '85 and hasn't been developed or 7 location that staff does not foci is agreeable, but 7 anything up to now, there reeds to be something done and 8 that's where they want it. And so there you'd come in a more than just come bringing it lxCure you-all and 9 here and then you can come in and say, we don't want the 9 hoping that you-all will re-zone it, give them another 10 traffic to come out on that street. We want it to conic to new chance at life. I guess we thank you, again. I t out on this other start. Or you could say there is a 11 MS. SCHERM Thank you. Yes, sir. S 12 detention basin here and you could say, we don't want 12 m;L xuxz rd like to apologize. I know 13 detention basin, we want a creek going through there. 13 it's running late. But I'd like to follow-up Ms. 14 You know, I [Wean, you can make those kind of 14 Schreiber's question and if someone could inform us of ~ 15 recommendations. The end result is because staff has 15 the time table. The bottom line is are you-all going to 16 people who understand hydraulics and enginoering, we 16 vote on this tonight, then it goes to the city council 17 listen very strongly to what is there. And if that 17 with or without qualifications and will we be informed 18 possibility exists, then that's something that could be 18 at that point if, in fact, it is approved tonight, B 19 looked at. The problem that happens on a detailed plan 19 whether we can t eo voice sonic opposition cc whatever at 0 0 20 is that so much work has been dome, it looks to you 20 the city council meeting? 3'm kind of unclear ca the J 21 like, well, there's not much to do. Well, that's what's 21 time table of events to follow when we leave here 22 supposed to happen in the process. It's supposed to be 22 tonight. 23 that when it gets to this stage, there shouldn't be a 23 Ms. scHERTZ: could you give your name, 24 lot to do, but some developers will not concur with all 24 please. 25 of the thin} that staff recommends and when they get to 15 MA xurrz: Yes. My name is Dan Kunz, 2224 Planning and Zoning Moeling, August 13, 1997 ,35-, Page 73 - Page 76 e e Condcnscltn' Page 77 Page 79 1 Yorkshire. Thank you. I react quickly when you're not very familiar with the 2 MR. REEVES: what the Planning and Zoning 2 structure and the system. And so that's why 1 was 3 Commission does is make a recommendation to the city 3 asking whether that could simply from my prospective, 4 council. '[trey can do that tonight. They could continue 4 what I we is that that would allow the neighborhood it S the eau to a date certain. They could ask the 3 little more time to talk to one another, possibly talk 6 developer to go back and hold a neighborhood meeting 6 to the developer or whomever. But if it's better that 7 and, you know, get more input. But at the present time 7 we slow the process here, then legally, in turns of 8 the schedule for this case is if the Planning and Zoning 8 that's fine. 1 just wanted to know what would be the 9 Commission makes a recommrndation, it would be at the 9 best process, Thank you. 10 city council on Tuesday. There is no further notice to 10 MS. sCHERTZ: we're way overdue for a break. 11 the property owners. The notice has been in the I I 1s there anyone else to speak in opposition? Anyone 12 newspaper and, once again, if the Planning and Zoning 12 else to speak in opposition? At this time, we're going 13 Commission makes a recommendation tonight, then this 13 to stop the proceeding and take a ten minute break and 14 will be in front or the city council on Tueday. 14 then we will start with the petitioner with his rebuttal 15 MR. EKGELBRECIrT: Mr. Reeves, would that be IS remarks when At return. Thank you. 16 unless wr make a recommendation that you slow down the 16 (Break taken.) 17 speed with which it goes to the city council? 17 M5. SCHERTZ. we were about ready to wrap up 18 MR REEvEs: 1 don't you'll have to ask 18 with a public hearing for Item No. 4. And at this time 19 Mr. Bucek that. I don't necessarily know that you can 19 1 will ask the petitioner if be would like to speak in 20 deny somebody access to the next step if you're going to 20 rebuttal to the comments. 21 make a recommendation. 21 MR. GRANTRAM. There's certainly been a lot 22 MR BUCEK: t think if in other words, 22 of issues raised related to the project tonight. 1 23 staff is supposed to use reasonable speed or rational 23 guess 1 could do a couple of things. I could, number 24 speed from when this Commission rules to go to the next 24 one, my client is not here so I'm someone limited in 25 stage, It's kind of just a customer service issue. And 25 being able to make any decisions about certain things. Page 78 Page 80 1 if for some reason when you have your recommendation in I But I would like to feel like we were being a good 2 mind as to what you want to do, then we get that to the 2 neighbor out here in the community. 1 really feel like 3 council as soon as we can. So I'm not we've never 3 we are. So I guess I could address all of the or 4 looked at that. But I don't think there would be it way 4 attempt to address all the issues that have boon raised 5 that you could tell staff to drag your feet on moving it 5 or offer to get together with the neighbors between now 6 to the next stage. It might be a better process to 6 and the council meeting. If there is time to schedule 7 table it if you want to buy some time. I think once you 7 that, l feel like that would be a good invwn=t of our B take action, then it's out of your hands. 8 time if the neighbors would be willing to meet with us 9 MR. ENGELBRECHT: 1 simply asked that 9 and have a neighborhood meeting. So I'd be happy to try 10 question because it's been raised here. One question 10 to answer some of the specific questions if you'd like 11 was, what's the value of all of this. And, in addition, 1 I now or perbaps it might be better for us to get together 12 to the legal issues involved, there's definitely and 12 with the homeowners and do that in a more formal 13 having worked from yon the neighborhood's 13 setting. 14 perspective for a long, long time, there's a real value 14 Ms. SCHERTZ- Before we go any further, Mr. 15 in one, of just education, of our education, the city 15 Hi 14 could you tell us the standard procedure for 16 staffs education, that being the Piannity Department, 16 notifying neighbors? Is them a time period? 17 Enginocring Department. Parks Departm^nt was here. 17 MR. HILL: Quite honestly, we, typically, 18 They've leamed a great deal tonight. 1 know I have. IB leave it to the applicant to frgure out the logistics of • 19 And I'm sure they'd all say the same thing from these 19 their rnoctings. What we can offer from the Planning O O 20 residents with regard to their feelings and what some of 20 Department's standpoint is if there's any way that we 21 their issues are. 21 can work with the developer and a neighborhood 22 Secondly, the residents gain a great deal of 22 association. I'm kind of new to Denton myself so, but 23 information and experience and sat of an education, as 23 by could help kind of get some flyers together and help 24 1 did, the first time 1 ever carte down here in the 24 to spread the word and even provide, i think, some 25 process. And I know that it's extremely difficult to 25 meeting space if weessary in order to get that Planning and Zoning Mecting, August 13, 1997 31(Page 77 - Page 80 • • Condenschn' page g 1 Page 83 1 neighborhood tnetting accomplished. There is not a whole I and that's What we're here for. And I feel lice that's 2 lot of notice which is regrettable. But we would be 2 part of our duty as Planning and Zoning, is the fact 3 happy if a Monday night mating or something like that 3 finding mission for the neighborhood and community and 4 were to be acceptable, that's about as much notice as 4 for council to help make the best decision possible. 5 you can give and still keep it on track for the council 5 And with that, does anyone have any more questions of 6 meeting. But we would work to make that happen if 6 the petitioner before we stove forward? 7 that's what the Planning and Zoning Commission would 7 MR Hat' I'm going to make one comment and 8 like to see happen. 8 that is if and it's is scheduling comment. If this is 9 MR. GRAN-nic%t: And I'm not sure how that 9 if the applicant has asked to have a neighborhood 10 works for this Commission, frankly. But, I guess, I'm to mating and come back to the Planning and Zoning 1 I saying that I feel like it would be a good investment of 11 Commission, that would [Wean that this would be on the 12 our time to meet with the homeowners. 12 Agenda for the 27th and then the earliest possible date 13 MS. SCHERT7 If more time was thought was 13 that this could get to city council would be the first 14 necessary and it did not make this Tuesday's city 14 Tuesday in September, which would be September 2nd, just 15 council meeting and, in fact, it took longer to have a 13 so you know the dates. 16 neighborhood meeting and meet With the people and there 16 Ms. scHERTz. And I wanted to make you aware 17 is several out there and it may even inane one or two 17 of that. 18 coatings, you may not be able to do it all in one. 18 MR. GRAtiTHAM: I understand. 19 MR. GRA%ML4LM: Right. 19 MS. SCHER17: He put it a little bit more 20 MS. SCHERTZ Could you give t s your input 20 specific. But that's what I was trying to make you 21 on how you would feel with that mom endation7 21 aware of. 22 MR GRANI"RA.M: Oh. I feel like We just need 22 MR. GRA.%-niAM: 1 appreciate him doing that. 23 to do it right, quite frankly. So if that takes a 23 1,1S. SCHERIZ Because that's exactly what we 24 second mating, then I think that's what we need to do. 24 would be locking at. And your response was you'd like 25 MS. SCHERTZ All right. I appreciate your 25 to do whatever it took to make it right? Page 82 Page 84 1 response. I know it's going to help us When we make our I MR. GIIA.%"n{A.M: Yes. 2 final docision. 2 MS. SCHERIZ: And I just wanted to make sure 3 MR MGREN*CO let me understand, if 1 may, 3 you were comfortable with those dotes? 4 what if we postpone consideration of this detailed plan 4 MR. GRAV1ttAM if that's wbat it takes, 5 until after you have had your neighborhood meeting? How 5 that's what we nand to do. 6 would you feet about that? Or are we talking the sane 6 MS. SCHERTa: well, we certainly appreciate 7 thing, Commissioner Schertz? 7 that attitude and your response With that, do you havt 8 MS. SCHER7Z commissioner Moreno, I believe 8 any more comments? 9 that that's the direction that I feel this Court is 9 MR. rimm11AM: Not unless you have any other 10 going and so that is why I was asking hltn his questions 10 questions. I 1 is that before we make a recommendation, we would like III MS. SCHERTZ: We appreciate your time. • 12 to know that you have met with the neighborhood Each 12 Thank you, At this time, I'm going to close the public 13 of u% and I don't mean to speak for all of us, but I 13 hearing and ask if staff has any final remarks? 14 have heard before on the Comnllssioner Court that we are l4 MR REEVES: we don't have any final 15 very eoncm od that neighborhood meetings are held. And IS remarks. We would just like to reiterate that our 16 we're very concerned that people are kept informed. And 16 recommendation is of approval of this detailed plan. 1 17 we feet like had there bats a meeting, that a lot of 17 could probably give you if you have any other 18 these questions would probably have been answered a, at 18 questions regarding scheduling and things like that, I _ • 19 least, we would know about them so that we could have 19 could probably provide you some better information on O 0 20 addressed than tonight 20 that if you need some more details. But other than I 21 MR. GRA.,mmm: okay. 21 that, I don't really have anything else to say. 22 MS. SCHERT.t. But we certainly don't feel 22 Ms. scram- I guess, you're going to do 23 like this has been a waste of time. We certainly feel 23 like an i.e., example of scheduling. Give me an exa-aple 24 like that the input that we've heard tonight has reined 14 of what you were thinking when you said that 25 several quenions and issues that teed to be addressed 25 MR. REEvFS: well, if you make a Planning and Zoning Meeting, August 13, 1997 3 7, Page 8 l • Page 84 • • Conde:nsdltT" Page 85 Page 87 1 recommendation tonight and, you know, instruct the I before we start discussing this is, 1 just want to make 2 applicant to go have a neighborhood meeting, the 2 sure if we postpone or recommend postponement until they 3 obviously, before Tuesday the only date am's really 3 have a neighborhood mating, are we going to get 4 available would be Monday. So that's kind of a short, 4 information that's going to affect our decision? I 5 short time frame in which to, number one, even find a S mean, because I west to make sure we take care of the 6 space to hold a meeting. Number two, to do much more 6 petitioner, too. So if we postpone our decision 7 than have everybody leave here tonight and run and tell 7 tonight, are we, then, when it comes back to us going to 8 their neighbors about it. The intention of the 8 be given information that will change our response from 9 applicant at this point was to be back on the 27th with 9 what it would be tonight or do we have enough tonight to 10 a general development plan and a preliminary plat of the 10 make a recommendation and in that recomrromdation we I l entire property. If it becomes a case of we're going to 1 I recommend strongly that the developer or 1 mean, that 12 continue this case until the 27th, then, obviously, that 12 the petitioner meets with the acighborhood before it 13 date is not going to be possibly to consider a general 13 goes to council? I just want to throw that out on the 14 development plan end a preliminary plat, As Dave said 14 table, because if we do postpone it and it conies back to 15 the earliest possible city council date after the 27th 15 us,1 think each of us ncicds to know what we want when 16 is the 2nd of September which means if the city council 16 it comes back to us. And I think we need to be able to 17 approves the detailed plan, then the earliest possible 17 communicate that to the ptitionv. And with that, I'll .8 date to review a dcvrloptuettt plan and a preliminary plat 18 open it up for discussion, 19 would be September the 10th. 19 Ms. COURDtE: 111 start. I have to what 20 And if we start talking a city council date 20 I'd like to say to you folks is that this is not a 21 "'a not the 2nd of September but the 16th of 21 rezoning case. There's no way to enlarge the lot sizes. 22 September, then we're into October, the first meeting in 22 And I know that's your concern, your principle concern 23 October before a preiiminary plat and a general 23 in your value of your property. 1 do want to say that 1 24 development plan can be brought to the Planning aid 24 was on that side of the room not too long ago and 1 saw 25 Zoning Commission. So, obviously, the given the 25 lots in my neighborhood go from &F-id down to SF-7 and i ),c 86 Page 88 I spacing, the timing of P & Z moctings with council 1 SF-6's. And 1 believe this is a really fortunate thing 2 meetings, there's a potential to go possibly as long as 2 because this developer could have come in and said I 3 six weeks to actually get to a general development plan 3 want SF-Ts or I want something a lot smaller. 1 4 and a preliminary plat and possibly as long as a month 4 believe this is a wonderful choice that he's made to 5 before the council actually would make a decision. So, 5 keep it as SF-10, we're very fortunate to see a 6 you know, if the intention is to continue this case 6 developer remain consistent in that aspoct. 7 until the 27th, then, certainly the city council could 7 1 also see the drainage area as a blessing 8 look at it on the 2nd, and you could be potentially 8 to the city. I know that it's kind of frustrating to 9 reviewing n general development plan and a preliminary 9 have all those "what ifs" happening about the safety 10 plat on the 10th of September which is a two week you to issues and how far back the setback is of houvo, But i 1 I know, pushing out the time frame two weeks from what 1 I believe in the city. And i believe that they will do a • 12 they were looking at tight now. 12 good job at maintaining it and listening to your 13 MS. SCHERTZ And let me just say that again, 13 concerns m the years go by, 14 and that's if it doesn't come back to us? 14 And it also will help those people who arc r 15 MR. REEVES: No. That's if it comes back on 15 further up Yorkshire Stmt. Their drainage problems r 16 the 27th, 16 will also be eaed. What happens is when all of these 17 MR. HILL: if it doesn't come back, then it l7 homes get built, you're going to have a lot afore roof 18 will it is advertised and scheduled to go on ! e city 19 lines, a lot more concrete, which means a lot less water • 19 council Agenda on the 19th. If that does not occur, the 19 will he in the ground and it will be draining off. No • ip 20 public hearing will be cancelled for that date. 20 matter whether you had 70 homes or 132 homes, it's going 21 Met REEVES: Right. And we will do another 21 to increase the drairtar, problems. So this is a 22 notice in the newspaper for September the 2nd. 22 blessing In disguise sod we can't stop progress. But I 23 MR. HILL: Right. 23 believe that this is a fair deal. I believe the 24 Ms. sCHERT-- All right. Thank you, one of 24 developer wants to work with you and I want to say that 25 the comments that I'd like to make to the Commissioners 25 1 think we should approve this, But I would like for Planning and Zoning Meeting, August 13, 1997 Page 85 - : age 88 c • • Coodenseltn' Page 89 Page 91 1 the developer to meet with you folks, and to hear the I might point out that under the criteria that the lot 2 details about the trees and about all of the little 2 behind me be as large as mine, we would only have one 3 things that we can make differences about. We can't 3 size lot in Denton. And they have to transition 4 change the lot size, though. And I wish I could do 4 somewhere. Planning guidelines suggest that one of the s something about that, but that's just the way the law s best places to transition is back to back. This is 6 is. And we have to abide by the law. So in that sense, 6 transitioning from 11,000 or 12,000 to a minimum of 7 1 just want to let you folks know, I feel for you. I 7 10,000. Some of those would be larger than that. But 8 understand completely. 1 foel that the developer has a s certainly that's Fomething you can talk to the developer 9 good honest heart here and he wants to work with you 9 about in a meeting. 10 folks and I believe be's giving a really good deal hoe, 10 With regard to the open space which is what I1 MS. SCHERTZ Any more discussion? I I I'm going to refer to it at this point in time. I. 12 M0. moka;o: Madam Chair, I'm somewhat 12 frankly, I can tell you right now I will never vote in 13 disappointed that a neighborhood mating has not already 13 favor of a case ever again that uses the word detention 14 been held. I'm not really sure at this point what I 14 pond. I think that's a terrible term. I hadn't thought 15 expect from the developer or the neighborhood other than 15 about it. But you folks raised the issue and it's a 16 just a better understanding of what's going to be corning 16 very good orx. 17 into their neighborhood. And I would like for the 17 From a marketing perspective, we could have IS developer to kind of work with these folks and just see is called this a park and it could have been mowed by the 19 it there is any room for compromise anywhere. Thank 19 drainage folks. We can call it whatever but 1 will not 20 you. 20 vote for another one called a detention pond. That's 21 MR. ENGFLBRELHT: Madam Chair, I might just 21 it. 1 can tell you now. I'll just give you the word. 22 continue on with that line. My only concern with 22 We need these ponds dramatically. They will save a 23 approving this tonight is that is the scheduling to 23 great deal of money in terms of our overall Wads for 24 the dry council. 1 really feel that next Tuesday is 14 drainage as opposed to doing underground drainage and 25 too quick to allow these folks time to get together. 25 other things. They are very good. I don't think that Page 90 Page 92 1 And given that the representative for the applicant has l they are any greater darga than otter structures. 2 indicated their willingness to consider the other 2 For example, a number of these homes back up 3 option, I feel comfortable with that, and, again, it's a 3 to Sherman Drive. I would much rather back up to this 4 question of weighing their noeds against some concerns 4 amenity than I would to Sherman Drive if 1 had small 5 for the neighborhood here. I would I know that some S children. And like I said, we have had a facility that 6 of the questions that were asked on the break were, 6 l live veryclose to that backs up to & scan, , , 7 well, what kind of houses are going to be built there 7 facility very similar to this actually. AnO a `wve not 8 and what size are they going to be. And I think those 8 had a problem. That doesn't mean we don't have a worry, 9 are some of the things that this developer or this 9 always have a worry about a child somewhere. But we 10 representative could answer and could probably point out 10 have not had a problem. 11 some other developments in the mctroplex that they have I I So I am very comfortable with the area from t2 done to give examples, et crtcra. 12 the perspective of its use and -Je safety issue. The 13 On the neighborhood side, I would like to 13 name has got to go. With regard to planning, and 1 14 point out that it's critically important that you folks 14 think it will help when you go to sell your house, would 13 form a neighborhood association for one primary 15 you rather have it called a park even if there's nothing 16 reason is that you have a representative who is the 16 there but trees or a detention pond? And cos can handle 17 known entity that is a point of contact for the city. 17 that. That's easy. And you-all can help this developer ]a That will help the Planning Department drastically and 18 come up with a name in the city, by the way. 0 19 the Engineering Department as well. When there's issues 19 Traffic. Traffic is certainly an issue. p r 20 associated with your neighborhood, they will have 20 Mi particular property has been designed to empty onto 21 someone spec'!ically to contact and then you can have an 21 Lungs Row which is designed as a secondary arterial or 22 internal system by which you contact one another. 22 collator secondary arterial, that's in the master 23 But it really is important that you folks do 23 traffic plan and owo Sherman Drive which is also 24 th it. In regard to the Issue of lot size, these ate not 24 designed to carry large volumes of traffic. is there 25 quite as large as what abuts teat on Yorkshire, but I 25 going to be more than you have? Yes. No doubt about Planning and Zoning Meeting, August 13, 1997 If. Page 89 • Page 92 0 • • • Condenselt"A Page 93 Page 95 1 that. But is it more than than the area can handle? I Agricultural zoning district to Light Industrial zoning 2 It doesn't appear that way. And we're looking at and 2 district and the Heavy Industrial Conditioned zoning 3 that's based on something we've just changed to this 3 district, The tract is located on the west side of 4 idea of traffic load C, which we foci is a better 4 Interstate 35W south of Airport Road. 5 management tool than we had in the past. And I'm trying 5 And before we start with Donna explaining 6 to think if theft was another issue raised. 6 this, I want to bring to a tryone's attention a letter 7 1 think that's the primary number of issues 7 that was given to us today. And I will read the letter 8 and, by the way, l would like to say that I'm making 8 for the record. 9 these comments from the perspective that 1 live on an 9 Wc(Lvsday, August 13, 1997 addressed to 10 SF-10 lot that backs up to an SF-7. so it's not unusual to Donna Bateman, City Planning & Development Department, I I for me. I recognize that. And I recognize the issues I I Re: Planning & Zoning hearing on I-35W, Light & Heady ' 12 that you deal with from a neighborhood because that's 12 Industrial. 13 where I "led And with that, Madam Chair, I'll make 13 Dear Ms. Bateman, I 14 a motion that we postpone this case until our next 14 Latimore Materials, Purchaser, will be 15 meeting August the 27th. Is present at tonight's scheduled meeting; however, we 16 Ms. APPLE: 1'il second. 16 intend to request a two week postponement to the next 17 Ms. scHERrL is there any more discussion? 17 meeting scheduled for August 27th. The first scheduled 18 Ms. APPLE: Ijust want to thank all the 18 meeting was postponed at our request as At dwved to 19 people for c)ming out from the neighborhood. I think 19 have face-to-fam meetings with the two propeny owm s 20 it's wonderful that you-all are so cohesive and I think 20 who opposed the zoning. That postponement unfortunately 21 you've got a good start for a neighborhood association. 21 was wasted, as we were unable to arrange a meeting with 22 And I hope you continue. I also think it's wonderful 22 either party. Tonight's postponement request is two- 23 that Mr. Grantham is so accommodating and willing to 23 fold. We would like to, again, mod with staff to 24 moct with you guys. 24 clarify a few remaining issues and also allow Mr. Powell e 25 MS. SCHERTZ: And the only other comment 1 25 to attend the August 27thth meeting per his regtrst. We Page 94 Page 96 I wanted to make, I wanted everyone to understand that 1 apologize for the inconvenience and request your 2 because this was zoned in 1985 that cur normal procedure 2 patience and understanding. Sincerely, Craig Scott, I 3 today in 1997 for o zoning case is to have a 3 Latimore Materials. 4 neighbo_-hood meeting. This is not a zoning issue and 4 LI this situation, it's up to the 5 that is why the neighborhood meeting because that was 5 Cor unissioncrs Court whether we grant this postponement 6 the fast thing 1 said was why didn't At make them do 6 or wh>ctlw we go on and hear it as it is scheduled on 7 that already. Well, Ellen, it's because and I was 7 tonight's hearing. I'd lice to probably have a few i 8 explained. So I just also wanted to Ict you know, it 8 comments either by Ms. Bateman or Mr. Hill in this I 9 wasn't purposely overlooked. ft wasn't trying to skirt 9 situation in case more ebnr fncation is noeded than what 10 the issue at all. And I think the developer has 10 I've already said. 11 certainly shovm that this evening or the petitioner I I MIL BILL: I'm going to say a couple of O 12 representing hum. But 1 just wanted to let you know 12 words and then 1'il hand it over to Donna. Whenever you 13 that that's why it was not mandatory that we and when 13 have postponements, you also have folks who have been 14 I say mandatory, it's,ust strongly recommended by the 14 receiving notices that come to meetings and the intent 15 Commissioners Court that any development or change with 15 of this was to allow the Planning and Zoning Commissiao 16 the zoning have a neighborhood mocting. And 1 just want 16 to do basically two things. Number one, decide if they 17 to make everyone recognize t}at it's because it was 17 would like to have the public hearing in recognition of I8 zoned back in 1985 that this Is why it turned out the 18 the people who my have shown up. And number two, to • 19 way it did. It was not intentionally done. I9 decide whether or not they want to honor the raltlest for O O 20 Any more comments? Seeing none, all in 20 the postponemcnt. We consider it'- and we are talking ' 21 favor of the motion please raise your right hand. All 21 about this, there really is no set procedure and our L 22 opposed? (Ms. Cburdie in opposition) The motion 22 feeling is that right now that once a public hearing hes 23 carries five to ore. 23 been scheduled and notice has been set out, that that 24 Itcm No. 5, hold a public hearing and 24 item ought to be remaining on the Agenda and it's up to 25 consider a request to rezone 29.416 acres from the 25 der Planning & Zoning Cominission members to daldc the Planning and Zoning Meeting, August 13, 1997 YO, Page 93 - Page 96 r • s 1 MS. SCHERTZ: item number 5, hold a public 2 hearing and consider a detailed plan for 56.639 acres in 3 Planned Development 90. The subject property is located 4 between Sherman Drive and Kings Row approximately 1,500 5 northeast of the Sherman Drive/Kings Row intersection. 6 Case No. Z-97-020. 7 MR. HILL: I think I'm going to start this 8 one, if you don't mind. 9 MS. SCHERTZ: Please. 30 MR. HILL: I'm hanGing out as Planning 11 and Zoning Commissioners will recall, this item was 12 tabled or continuad from the last meeting with the 13 zequest that a neighborhood meeting be held. And we did 14 indicate in the staff report that we would have a 15 summary of that meeting. 111.3 meeting was held Monday 16 night at Wilson School and the Director of Engineering 17 Jerry Clark and myself attended along with Mr. Ted Zeda 18 and Bruce Grantham from the project side of it. 19 In the memo you sea, I'll go very quickly • 20 thrcagh the items that I think were the major points J• 21 that were brought up. First of all, some folks felt 22 that the storm water tends to become bottlenecked right • 23 as the drainage ditch curves from going southward to • • 24 eastward as it gets closer to Kings Row. There were a 25 lot of folks that wanted to see Kings Row, the curve PLANNING AND ZONING MEETING - AUGUST 271 1997 69 ,...n _ r..ar+. w.. m.. T s • 1 near Marianne circle being approved because of the 2 traffic safety concerns. Some folks wanted Kings Row to 3 be widened to four lanes all the way west to Yorkshire 4 rather than stopping in the general vi An. ty of the 5 curve, and then transitioning narrower. Construction 6 vehicles will be requested to route be routed towards 7 Sherman Drive because of the fact that there is about 8 I think there is as much as a six to eight inch 9 difference in pavement and base course between the two 10 roads. And Sherman Drive can withstand that much 11 better. 12 Residents were very curious about the 13 drainage situation. And I think that it really came 14 down to how was this going to be maintained? Is it 15 going to be grass? Will it be mowed and maintained 16 properly by the City? When does the City take ownership 17 of it? All of these things. And, also, wher, will it be is built and scheduled for completion as compared to the 19 phases that are being talked about? So there was a lot • 20 of discussion about that. i 21 And then, finally, there were concerns about 22 just the temporary disruption that occurs with the • 23 construction activity. Jerry Clark pointed out that • • 24 federal law requires erosion control to keep the 25 sedimentation out of the drainage channels, airtorno PLANNING AND ZONING MEETING - AUGUST 27, 1997 70 i_.- pill • fAF 1 dust and just the general noise and things like that 2 were something folks were concerned about as well. 3 I think and there may be other people who 4 attended the meeting that would like to talk about this. 5 I think quite honestly that it was a fairly favorable 6 impression that was left with the residents by the time 7 the meeting was over. Mr. Grantham brought plats of a 8 lot of the aijacent subdivisions showing that the lot 9 sizes were comparable in neighboring areas compared to 10 what was being proposed. I think that helped to calm it the fears of many of the residents in terms of potential 12 incompatibility. 13 And many of them were very happy to hear 14 that the existing 20 foot ditch running down the back 15 side of the homes on Yorkshire would be supplemented 16 with another :+0 foot of easement for drainage that would 17 turn it into a 50 foot wide drainage easement with a IS concrete bottom and probably grassed, gradually sloping 19 sides. And there were a lot of positive comments about • 20 getting that kind of relief for that neighborhood. 21 So with that, if the other thing is, 22 you'll see also attached the sign-in sheet that we • 23 passed around. So if you have any questions, I'd be ! ! 24 happy to answer them. Walter Reeves is here to answer 25 any of the technical questions you might have if you PLANNING AND ZONING MEETING - AUGUST 27, 1997 71 0 /1 ~0-7 7:77 _0 • O d4 I want to get back to the substantive aspects of the 2 proposal. 3 MS. SCHERTZ: Thank you. 4 MR. BUCEK: Let me mention one thing. I 5 think we have it on the Agenda as a public hearing, but 6 I don't think we re-advertised that because we had 7 closed the public hearing last time. 8 MR. HILL: We didn't I don't know that we 9 nad time to react that quickly. 10 MR. BUCEK: So what you need the public 11 hearing phase is completed. You have the option as on 12 any case, you know, a lot of your items you don't have a 13 public hearing and you still let the public speak and 14 you have that option to do that. It's just that it's 15 not required. I just wanted to be sure you knew that. 16 MS. SCHERTZ: Thank you. Before x offer to 17 the audience if anyone would like to speak on this is issue, does anyone have any questions of Mr. Reeves at 19 this time? 20 MR. ENGELBRECHT: I have one question. i 21 MS. SCHERTZ: Please. 22 MR. ENGELBRECHT: Did you look at the issue 23 of renaming the detention pond to something else? O O 24 MR. REEVES: Yes. Mr. Grantham asked me 25 that question earlier this evening. And I said, feel PLANNING AND ZONING MEETING - AUGUST 27, 1997 72 C 0 • • 1 free. Call it something else, if you like. 2 MS. SCHERTZ: Thank you. 3 MR. ENGELBRECHT: Since you threw that back 4 to me. I will actually, somebody suggested to me, 5 given this was a this had to do with water and in 6 some ways it's operated by government that they call it 7 a hydrologic filibuster. It's supposed to detain water. 8 But I'll try a suggestion because I believe that I 9 really feel that we ought to call these something else 30 for the benefit of the City and the neighborhood. And I 11 might suggest "community green." Let me backup and say 12 that 13 MR. REEVES: I think Mr. Grantham just 14 wanted to call it "open space." 15 MR. ENGELBRECHT: That's fine. It did occur 16 to me that we might want to look at the issue of somehow 17 on one hand sort of describing what its function is and 18 at the same time doing it in a little more positive 19 context, as positive as you can. on one hand, this is a • 20 product of the city. And as with any product, why not i 21 give it a term that's positive and yet also connotates 22 some of its characteristics? • 23 MR. REEVES: "Sometimes a wet open area." • 0 24 MR. HILL: The one thing that I would like 25 to make real clear that I would not want to see and PLANNING AND ZONING MEETING - AUGUST 27, 1997 73 • i..M/Win Y .ls .3. '..s i. • • I maybe David is standing up to talk about this is that 2 one way or another the actual functional requirements of 3 that cannot be denied nor can the City be, I think, 4 encumbered in any way to be prevented from doing its 5 job. So I'll let Dave 6 MR. SOLOMON: Well, I guess the main issue I 7 wanted to visit about is that a detention pond is, I 8 guess, the industry standard term for what we would like 9 to put there. And, you know, if we start trying to 10 think of something else to call it, I mean, this is the 11 zoning document that's going to become an official 12 document, I would just want to caution you about putting 13 a name on it that doesn't really describe what it is we 14 want to put there because with this zoning, we want to 15 pen down exactly what it is we want to put there. 16 MR. BUCEK: I think, Dave, on the plat, we 17 are going to have to refer to it as a drainage easement, 18 some artful term that everybody will know that the City 19 has the right to go in there and move water around or to • 20 do those kinds of things there. 21 MR. ENGELBRECHTt Well, let me ask you, 22 Mike, is there any problem with I mean, we can, by • 23 ordinance or whatever, define a detention pond as 0 0 24 another name; can we not, as we do off-premise sign, 25 on-premise sign, et cetera, et cetera, et cetera? We PLANNING AND ZONING MEETING - AUGUST 270 1997 74 L-... „ ..rs T 7-; '7 7 , a • 1 can say we can define a name and then, in essence, 2 say it's a detention pond. But we just therefore, we 3 are legally we haven't changed the specifications but 4 we're calling it something else. I mean, I suspect most 5 every resident would rather have that called a park. 6 MR. BUCEK: Oh, yes. What I'm just saying 7 is that when you get to the plat stage is where I want 8 to be clear when you get to the plat stage, the term 9 drainage easement is recognized in the law as what can 10 go in there. I think what you're saying is, from a 11 zoning issue, we might could amend the zoning ordinance 12 and just say that the term "community green" refers to a 13 drainage easement or a detention basin or a similar 14 drainage facility. 15 MR. ENGELBRECHT: Right. 16 MR. BUCEK: Then you would have solved your 17 zoning issue. 18 MR. ENGELBRECHT: Right, exactly. And I'm 19 not sold on that term. I mean, you know, you start f • 20 trying to think about terms that work, and I think this i r, 21 is something I'd rather see worked on for awhile. But I I 22 really feel that it's in all of our best interests to • 23 call these things something very positive, that the • • 24 neighbors are comfortable with, and that citizens 25 driving the street are. And I don't see any reason why PLANNING AND ZONING MEETING - AUGUST 271 1997 75 -1.~+ • MAIN --'I ILIA, • • ,j ~ ~ r11~ r I whatever term it is, we don't ultimately erect a little 2 sign that looks just like our park signs that says that. 3 Let's make it an amenity. 4 MS. GOURDIE: i have thought a lot about 5 this. And my only problem is is that if people don't 6 understand that when it rains, it's going to fill up and 7 some children are out there playing in it, and all of a 8 sudden we've got a situation where they don't understand 9 that it is a detention pond. And I think from the 10 aspect of the concerns of the citizens the other day, 11 they had that concern about the safety. Are the kids 12 going to get in there and is the water going to come on? 13 It's going to come on fast. It's going to come on quick 14 and it's going to drain out quick. 15 I just think from the purpose of people 16 understanding things, they have to know this is a 17 detention pond. This is their lives depend their 18 children's lives and if you just say it's a park, the 19 kids aren't going to know any better. And that's just • 21: the only thing I could think of because I was trying to 21 think of a cute name, too. But from that standpoint, I 22 was really concerned about changing the name. • 23 MS. SCHERTZ: well, what I might recommend O 0 24 at this time is that at the end of the meeting when we I, 25 talk about future Agenda items, we might make that ! PLANNING AND ZONING MEETING - AUGUST 270 1997 76 wool • • `I recommendation to staff to investigate it, show us the 2 pros and cons and see where it goes. But I think 3 tonight the discussion probably is 4 MR. SALMON: I was just going to I mean, 5 you know, maybe something in terms of public drainage, b just public drainage facility or public drainage 7 improvement or something to indicate that there is going e to be a drainage facility there. 9 MR. ENGELBRECHT: Yes, I agree. le MR. SALMON: So that it's perfectly clear, 11 if anyone looks at the zoning document, that there is 12 going to be a public drainage facility there of some 13 sort. I 14 MS. SCHERTZ: Thank you. 15 MR. POWELL: Jim, those of us who have an 16 office in the jail don't necessarily look at the word 17 detention negatively. 18 MS. SCHERTZ: Mr. Bucek reminded me that the 19 public meeting has been closed. I will ask if there's • 20 any members in the audience that would like to address l 21 this issue. Seeing none, I will ask if staff has any 22 more remarks. • 23 MR. HILL: None. • • 24 MS. SCHERTZ: Then I will entertain a motion 25 or further discussion. PLANNING AND ZONING MEETING - AUGUST 270 1997 77 • • I MR. MORENO: I have a question and this may 2 have been covered already, but Mr. Salmon or Mr. Hill, 3 would you tell me what is going to happen to Kings Row 4 between Dunes and Yorkshire. 5 MR. HILL: I think the and I'm going to 6 repeat what Jerry Clark said at the meeting and Dave may 7 have something to add to that. There was a lot of talk 8 about the fact or looking at what happens when you 9 take that curve that is fairly tight and two lanes, and 10 what is it, how is it going to operate if you go four 11 lanes? And I think the discussion really centered on 12 capacity not being the problem or congestion. It's 13 actually the opposite of that. It's the fact that 14 there's not that much traffic that promotes illegal 15 speeds or hig;i speeds on that roadway. And people who 16 are trying to negotiate that curve at too high of speed, 17 but the consistence or the point that Jerry Clark was 18 trying to make was, if you widen that to four lanes, you 19 actually improve the geometrics of the curve and it will • 20 not be so hard to negotiate. i 21 A lot of people were a little skeptical of 22 that. But I think they were convinced by the I mean, • 23 Jerry just kept saying, you know, look, I'm telling you • 24 that, you know, it's easier when you have it wider, when 25 you have it curbed and guttered, when you have the PLANNING AND ZONING MEETING - AUGUST 27, 1997 78 _ • 0 • ,I 1 drainage closed off instead of having that gua'-r&'i 2 there, you know, it's just going to have a completely 3 different look to it. And it's not going to be quite so 4 bad. And the fact that you're widening it makes, I 5 think, the radius of the curve a little bit less hard to 6 deal with. And that's where they started talking, well, 7 at what point are you going to start transitioning, and 8 he said, well, we're going to have to talk with the 9 developer about that. And a lot of people were saying, 10 we'd like to run it all the way to Yorkshire, four lanes 11 instead of tapering down. And Jerry said, I can't make 12 any promises. We're just going to have to look at that 13 during the platting process. And, Dave, is there more 14 to add to that? 15 MR. SALMON: No. 16 MR. ENGELBRECHT: Madam Chair? 17 MS. SCHERTZ: Yes. a 18 MR. ENGELBRECHT: I said I would n3ver vote 19 for one with the words "detention pond," but I'll eat • 20 those words. _r 21 MS. SCHERTZ: If it allows us to continue, 22 please do. • 23 MR. ENGELBRECHT: I'll move approval. t • • 24 MR. POWELL: Second. 25 MS. SCHERTZ: Any discussion? All in fat s PLANNING AND ZONING MEETING ^ AUGUST 270 1997 79 a Z, • 1 please raise your right hand. Motion carries 2 unanimously, (7-0). 3 MR. ENGELBRECHT: And could I I would 4 just like to compliment staff for arranging the 5 neighborhood meeting. To me, this seemed to work the 6 way it was supposed to work. We took the time. We took 7 the delay. And I hope that they're not they aren't 8 here because they're satisfied, and not because of the 9 late hour. Thank you. 10 MR. HILL: Quite honestly, they really were. 11 It was a very good meeting, very informative. And I 12 think people walked away feeling like the process 13 worked. 14 MR. ENGELBRECHT: Great. 15 16 17 18 19 e 20 21 22 e 23 ♦ • 24 25 PLANNING AND ZONING MEETING - AUGUST 27, 1997 80 r. r v . ' i s • -0 9 C Agenda No. Apend'a Item 3 fepten6 tl-2. 99 CITY COUNCIL AGENDA ITEM it TO: MAYOR AND MEMBERS OF THE CITY COUNCIL I FROM: R. E. Nelson, Executive Director of Utilities RE: CONSIDER APPROVAL OF FISCAL YEAR 1998 UTILITY RATES RECOMMENDATION: The Public Utilities Board and Staff recommend City Council approve the fiscal year 1998 utility rate ordinances as presented in this agenda. SUMMARY: The proposed 1°98 base rate changes are as follows: Electric - 00 . Water - 0% Wastewater - 0% Solid Waste - 08 Residential 9.06 Commercial (overall) - 4.58 Dumpster -18.09 Open Top -14.09 Compactor 4.58 Landfill Disposal The 4.56 increase in dumpster rates is composed of no increase for 8 yard containers, a 1.58 increase for 6 yard containers, a 4.56 increase for 4 yard containers, a 7.56 increase for 3 yard containers and a 106 increase for 2 yard containers. These rate modifications are the reflection of A the cost to service these size containers and the Cities continuing process to encourage customers to select large containers picked up fewer times per week. This helps the customer save money and holds down the Cities operational costs. The 146 increase in compactors and 188 increase in open tops • reflect the cost of providing service, but even with the I O increases, Denton's races are generally below other providers in nearby cities (see Exhibit 1). 0 ,r CITY COUNCIL AGMMA Page 2 No change in base Water rates is proposed. The Upper Trinity Regional Water District (UTRWD) wholesale Interim Treated Water rate is proposed to decrease from $1.30/1,000 gallons to $1.29/1,000 gallons. The wholesale Raw Water rate for UTRWD is proposed to decrease from $.3939/1,000 gallons to $.3679/1,000 gallons. These decreases are due to a decrease in the cost of Dallas raw water, which is used in the calculation of the Interim Treated Water and Raw Water wholesale rates. An analysis of the Water Tap and Meter fees shows that the current charges do not recover costs. These fees are proposed to increase to more closely match actual costs. No change in base Wastewater rates is proposed for 1998. Wastewater Tap and Meter fees are proposed to increase to more closely match the cost of service. No change in the Solid Waste Residential rate is proposed. Solid Waste Commercial rates are proposed to increase by an average of 99 overall. The increase for the Dumpster class averages 4.59, ranging from 09 to 109. Smaller containers with more frequent pickups receive larger increases while the larger containers with less frequent pickups receive smaller rate increases. Customers with 8 cubic yard dumpsters will see no increase in rates. The recommended Open Top increase is 189 while the Compactor increase is 148. The Landfill disposal rate increases from $8.20 to $6.60 per cubic yard for Denton or contract customers, while the rate for customers outside the City 11-nits increases from $16.75 to $17.50 per cubic yard. Staff also recommends changes to various Miscellaneous Solid Waste charges. For Residential customers, the number of bags and volume of brush that will be picked up without extra charge doubles for fiscal year 1998. Other rate revisions include commercial delivery, relocation, same day service and specific rental lees. No changes to base Electric rates are proposed. However, new floodlights are added to the Dusk t-o Dawn rate schedule and installation of older mercury vay,,,: lights will be restricted in the future. A new C2cora*1ve Ground Light (D3L) rate schedule is proposed that Froviies four types of light for • outside use along pathways O The Fleet Services gas price is proposed to increase from $1.05 to $1.12 per gallon. Diesel fuel prices are proposed to increase from $1.05 to $1.15 per gallon. No change in the i CITY COUNCIL AGENDA Pago 3 $42.00 per hour garage labor rate is recommended for fiscal year 1998. I Exhibit I provides a comparison of Solid Waste commercial rates within the local area. Exhibit II provides a summary of all current and proposed utility rates for fiscal year 1998. Exhibits Ill, IV, V and VI provide the proposed Electric, Water, Wastewater and Solid Waste rate ordinances respectively. i FISCAL SUMMARY, The fiscal year 1998 utility rates, when approved, sets charges to customers for utility service and provides the revenues necessary to continue service levels. ! PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens and ratepayers of Denton, Denton Municipal Utilities, Wholesale customers, Finance Department, Legal Department, Public Utilities Board, and City Council. Respectfully submitted, 44. Nelson~ Executive Director of Utilities Exhibits: I Comparison of Solid Waste Commercial Rates II Summary of Utility Fiscal Year 1998 Rates III Fiscal Year 1998 Electric Rate Ordinance IV Fiscal Year 1998 Water Rate Ordinance V Fiscal Year 1998 Wastewater Rate Ordinance VI Fiscal Year 1998 Solid Waste Rate Ordinance F:\finance\wp\pub&cc\cc\97\98ratecc I t loop • s CITY OF DENTON ELECTRIC UTILITY CURRENT VERSUS PROPOSED RATES Rate Schedulr 1998 1997 % Rates Rates Increase Residential - R1 Facility Charge $ 6.70 6.70 0.00% Energy Chargelcents per KWi 3.85 3,85 0.00% Average Customer Bill at 400KWH/Month 30.10 30,10 0.00% Average Monthly Dollar Change G 00 &,5idgnbal - R2 Facility Charge $ - Single Phase 7.73 7.73 0 00% Facility Charge $ - Triple Phase 15.45 15.45 0.001/6 Energy Chargelcents per KVJH, 0 - 1,000 KWH (Winter) 4.34 434 00(1% All additional KVVH (Winter) 394 194 0 00% 0. 3,000 KVVH (Summer) 56i 5.61 O 00% All additional KVVH (Summer) 621 621 000% Average Customer Bill At 840 KVVKMonth 71,65 71,65 OAO% Average Monthly Dollar Change 0,00 general Service Large • GSA Facility Charge 60.60 60,60 0.00/ Demand ChargelS per KVA/KW 8,64 8.64 000% Energy Charge/cents per KWH 141 1.41 0.00% Riders Energy Chargelcents per KWH For Primary Service 1.31 1.31 0.00% For Primary Service & Ownership 1,11 1.11 0.00% Bid at 1,000 KVA Demand and 365,000 KWH/Month 21,147.10 21,147,10 000% Average Monthly Dollar Change - 90% Power Factor 0 00 Sene[aLSm&eJ5ma L_GaS Ii Facility Charge $ - Single Phase 15.15 15.15 0.00% Facility Charge $ - Triple Phase 2020 2020 0.00% Demand Charge!$ per KW 8 00 Soo 0 00% (First 20 KW not Billed) Energy Charge/cents KWH ( 0 - 2,500) 6.75 6.75 0.00% Energy Charge/cents K"H (2,501.6,OOOrVariable) 3D0 300 000% Energy Chargelcents KVVH (6,000+Nanable) 2.65 265 0.00% 0 Bit; at 90 KW and 35.000 KWH/Month (54% LF) 2,435 '5 2,43525 000% Average Monthly Dollar Change 0 00 _R3I@_ - O9S Weehe_n4 Facility Charge $ - Single Phase 2000 .2.000 0,00% Facility Charge $ - Triple Phase 25.00 25.00 0.00% Demand Charge/$ per KW (First 20 KW Not Billed) 6.40 6.40 000% Energy Chargelcents KWH (0 - 2.500) 6.75 6.75 0.00% ® Energy Chargelcents KWH (2,501-6,100Nanable) 3.00 3,00 0.00% Energy Chargelcenta KWH (6,000+/Variable) 2.65 2 65 LQO, GQyelnmeal - GS Facility Charge $ - Single Phase 1515 15.15 0.00% Facility Charge $ - Triple Phase 2020 .2020 .0,00% Demand Charge/$ per KW 6 31 6.31 0.00% Energy Chargelcents per KM 103 3,03 0.00% i +a CITY OF DENTON ELECTRIC UTILITY CURRENT VERSUS PROPOSED RATES Rate Schedule 1999 1997 % Rates Rates increase Residential Time of Use - TR Facility Charge $ - Single Phase 1545 15.45 0,00% Facility Charge $ - Triple Phase 2060 ,2060 .OAO% Energy Chargetcents per KWH On Peak 25.55 25.55 0.00% Energy Chargelcents per M'H Off Peak 1.41 1.41 0.00% i General Service Time of U50, TGS Facility Charge $ 7070 7070 0.00% Demand Chargel$ per KVA/KW On Peak 10.98 1018 0.00% Demand Chargel$ per KVAIKW Off Peak 2.16 2.16 0,00% Energy Chargetcents per KWH 0.51 0.51 0.00% Riders. Energy Chargelcenis per KWH For Primary Service 0.41 0,41 0.00% For Primary Service d Ownership 0 21 021 0.00% Street LiahGng - LS Sodium 100115OW Facility Charges 4.90 490 0.00% 250 W 6.95 6.95 0.00% 400 W 8.75 8.75 0.00% Mercury- 175W Facility Charges 5,65 5,65 00G% 250 W 8.70 6.70 0.00% 4001V 8.50 0.50 0.00% 1,000 W 15,45 15,45 0,00% Energy Cost = Monthly Bulb Wattage Factor x Current Energy Cost Adjustment Monthly Bulb Wattage Factors; 1001150 W 48.00 48.00 0.00% 250 W 105.00 105.00 0,00% 400 W 159.00 159 00 0.00% Mercury : 175 W 7000 70.00 0.00% 250 W 98.00 9800 0.00% 400 W 153.00 153.00 0.00% 1,000 W 380,00 380 00 0.00% 0 her Lighting L4 Energy Chargelcents per KNH 250 W Sodium 530 5,30 0.00% 400 W Sodium 5.30 5 30 000% O 400 W Mercury 5.30 5.30 0,00% 1,000W Mercury 5.30 5.30 0.00% O 6 J Morthly Bulb Wattage Factors: 250W Sodium 105.00 105,00 000% 400 W Sodium 159.00 15900 0.00% 400 W Vercury 153,00 153,00 000% 1.000W Mercury 380,00 38000 0.00% S~ - r • CITY OF DENTON ELECTRIC UTILITY CURRENT VERSUS PROPOSED RATES l Rate Schedule 1998 1997 % Rates Rates Increase Traffic Lighting Energy Chargelo it KWH 5.30 5.30 0,00% Qesoralive Lighting - DL Facility Charge $ 3.85 3,85 0.00% Energy Charge = Monthly Buib Wattage Factor x KWH per Customer Dawn to Dusk --00 Sodium 1001150 W Facility Charges 7,75 7.75 0.00% 25O W 10,05 10.05 0.00% 400 W 12 35 12 35 0.00% 25OW FloorAight 12 05 NIA 400W Flood 'ight 14.35 NIA Mercury, 175 W Facility Charges (Restricted) 6.45 6.45 0.00% 250 W (Restrcted) 7.50 7.50 0.00% 400W (Restricted) 835 815 0.00°% Energy Cnst = Monthly Bulb Wattage Factor x ECA Monthly Bulb Wattage Factors: 100050 W 48 00 48 00 0,00% 250 W 105.00 105.00 0,00% 400 W 159.00 159.00 0.00°% Mercury: j 175W (Restricted) 70.00 70.00 0.00% 25O W (Restricted) 98.00 98.00 0.00% 40O W (Restricted) $5300 153.00 0,00% I Decorative Ground Lighting • OGL FacilityCharge (Meter) 6,70 NIA 50W Facility Charge (Light) 2,15 NIA 50VV Spot - Facility Charge (Light) 130 MIA O 70W Faciltiy Charge (Light) 4.40 N/A 100W Facility Charge (Light) 4.50 NIA Energy Charger cents per KWH 3.79 NIA Iem -aeryse-T1 Facility Charge $ - Single Phase 15,15 15.15 0.00°% Facility Charge $ - Triple Phase 2020 2020 .0,00% • Energy Chargelcents per KWH 6.77 6.77 0,00% O • Labor/Equipment $ per Hour - Regular Time 60.00 60 DO 0.00% Labor/Equipment $ per Hour • Overtime 75.00 75.00 0.00% (p(errupLble Primatpl Service • 21 Facility Charge $ 70,70 7010 0.00% Demand CharjelS per KVAIKW 3.78 3.78 0,00% Energy Chargelcents per KWH 0.20 0.20 0.00% r~iti • • CITY OF DENTON ELECTRIC UTILITY CURRENT VERSUS PROPOSED RATES Rate Schedule 1998 1997 % Rates Rates Increase Athletic Field - AF Facility Charge $ - Single Phase 2020 .2020 0.00% Facility Charge $ - Triple Phase 30.30 30,30 0.00% Demand C.'zrgel$ per KW: October through May 1.11 1.11 0.00% June through September Oft Peak 1.11 1.11 0.00% June through September On Peak 4.70 4.70 0.00% Energy Chargclcents per KWH: October through May 3 79 3.79 0.00% June through September OH Peak 379 3.79 0,00% June through September On Peak 7.53 7.58 0,00% Uninteiptible Power Supply - UPS Facility Charge S 26O W Power Standby Unit 7.80 7.80 0.00% Facility Charge $ 1,20[ 'N Power Standby Unit 3115 31.85 O.DO% Installation Charge $ 25.75 25.75 0.00% f ,Standby- SuppleMentafy 8 Maintenance _Service - ES Facility Charge $ - Primary Service 60.60 60,60 0.00% ` Facility Charge $ - Secondary Service 25.25 25.25 0.00% Demand Charge Primary/$ per KVA On Peak 10,30 10,30 0,00% Demand Charge Primary/S per KVA ON Peak 3.80 3 80 0.00% Demand Charge Secondary/$ per KVA On Peak 10.30 10.30 0.00% Demand Charge Secondaryl$ per KVA Off Peak 3.80 3.80 0.00% Energy Charge Primarylcents per KWH Emergency 525 525 0.00% ! Energy Charge Primaryfcents per KWH Non-Emerg 020 0,20 0.00% Energy Charge Secondarylcents per KWH Emergency 5.35 5.35 0.00% Energy Charge Secondary/cents per KWH Non-Emerg 0.51 0.51 0.00% E indu9trial/Economic Delielppment Rider -_JOB Reduction to System Demand Year 1 0 50 0.50 0.00% Year 2 0.40 0.40 0,00% Year 3 0 30 0 30 0,00% • Year 4 0 20 0.20 0.00% Year 5 0.10 0.10 0.00% Enatgy~4st Adjustment - EC9 ECA Cents per KWH (by quarter) 2,00 200 0.00% ~f map • CITY OF DENTON WATER UTILITY CURRENT VERSUS PROPOSED RATES Rate Schedule 1998 1997 °k I _ Rates Rates Increase Residential- VVR & Wi2N 314" Meter 9,55 9.55 0.00% 1" Meter 11.40 11.40 0.00% 1112" Meter 16.25 16.25 0,00% 2" Meter 18.16 18.10 0 00% All Gallons Block Rate - Winter 2.60 2.60 0.00°k First Block Rate - Summer 2,60 2.60 0.00% Second Block Rate - Summer 3.50 3.50 0.00% Third Block Rate - Summer 4.35 4.35 0.00% Average Customer Bill At 8,500 Gallons/Month 31.65 31.65 0.00% Average Monthly Dollar Increase 0,00 Residential outside Corporate Limits - WRE 314" Meter 11.00 11.00 0.00% 1" Meter 13.10 13,10 0.00% 1 112" Meter 18,65 18,65 0.00% 2" Meter 20.80 20.80 0,00% All Gallons Block Rate - Winter 300 3.00 0,00% First Block Rate - Summer 3.00 100 0.00% { Second Block Rate - Summer 4.05 4,05 0.00% Third Block Rate - Summer 5.00 5.00 0.00% Commercial;lndustrial & VJCN 314" Meter 2020 ,2020 ,0,00% I 1" Meter 2220 22,20 0,00% 1112" Meter 25.75 25,75 0.00% 2" Meter 31,65 31.65 0.00% 3" Meter 65.25 6625 0 W?ii 4" Meter 122.50 12250 0,00% ` 6" Meter 153 00 153.00 0.00% 8" Meter 178.00 178,00 0.00% 10" Meter 21400 214.00 000% Volume Charge000) Gallons 287 2.87 0,00% O Average BUI At 40,000 GallonsOAonth 137.00 137.00 0,00% i Commercial 1tside Corporate Limits - WCE 3/4" Meter 21,50 21.50 0,00% 1" Meter 23,50 23.50 0,00% 1112" Meter 2960 2960 0,00% O 2" Meter 34.50 34.50 0.00% 3" Meter 75.00 7500 0.00% O O 4" Meter 141.00 141,00 0.00% 6" Meter 176.00 176,00 0.00% e" Meter 205.00 205.00 0.00% 10" Meter 247.00 247.00 000% Volume Charge/1000 Gallons 125 3.25 0.OOA 1 ~x 1 -will, - 01 1 i CITY OF DENTON WATER UTILITY CURRENT VERSUS PROPOSED RATES Rate Schedule 1998 1997 % Rates Rates Increase Wholesale - Interim Treated- VWIL Readiness to Serve/1000 Gallons 0.4238 0.4634 -8.55% Volume Charge/1000 Ga tons 1.29 1.30 -0.77% Wholesale - Resale to Sanger -WW2 Facility Charge/30 days 176,00 N/A Demand Chargelper MGD 210,000,00 N/A Volume Charge/1000 Gallons 0.95 N!A Whole ale - Raw - WRW Volume Charge/ 1000 Gallons (85% of Dallas) 0.3679 0.3939 -6.60% Government - WG 3/4" Meter 14.85 14,85 0.00% 1" Meter 16.60 16.60 0.00% 11/2" Meter 2055 .2055 0.00% 2" Meter 27.85 27.85 0.00% 3" Meter 57.15 57.15 0.0046 4" Meter 95.00 95.00 O.W% 6" Meter 127.00 127.00 0,00% 8" Meter 149.00 149.00 0.00% 10" Meter 214.00 214.00 0.00% Volume Charge/1000 Gallons 281 2.81 0.00% LgC,11 Government Irrigation - WGI & WGN 3/4" Meter 14.85 14.85 0.00% 1" Meter 16 6J 16.60 0.00% 1 1/2" Meter 20.55 20.55 0.00% 2" Meter 27.85 27.85 0,00% 3" Meter 57.15 57.15 0,00% 4" Meter 95.00 95.00 0.00% 6" Meter 127.00 127.00 0.00% 8" Meter 149.00 149.00 000% A Volume Charge/1000 Gallons (Non-Interruptible) 2.61 2.81 0.00% Volume Charge/1000 Gallon; (Interruptible) 2.40 2.40 0,00% 0dppt A SQpj. - WGA 314" Meter (Billable 3 times annually) 9.55 9,55 0.00% 1" Meter 11,40 1140 0.00% 1 VT Meter 16.25 16.25 0.00% 9 2" Meter 18.10 18.10 0.00% i Volume Charge/1000 Gallons 2.81 2,81 0,00% Qovernment Raw Water 16= 1 Facility Charge 154,00 15400 0.00% Volume Charge11000 Gallons 1.50 11.50 0.00% 9 ` i • • CITY OF DENTON WATER UTILITY CURRENT VERSUS PROPOSED RATES Rate Schedule 1998 1997 % Rates Rates Increase Metered Hydrant - WFH Facility Charge 32.50 32.50 0.00°6 Volume Charge/11000 Gallons 2.87 2,87 0.00% Deposit 680.00 680,00 0.00% Installation Charge N/A WA NIA Tan With Meter Fees - Paved 314 Inch 1,000.00 900.00 11.11% 1 Inch 1,200.00 1,000.00 20.00% 1112 Inch 1,600.00 1,200.00 33.33% 2 Inch 1,800.00 1,400.00 28.57% Tap Wth Meter Fees - Unpaved 314 Inch 450.00 400.00 12.50% 1 inch 575.00 450.00 27.78°x6 1112 Inch 900.00 850.00 5.88°x6 2 Inch 1,200.00 1,100.00 9.09% Tao Without Meter Fees 2 Inch - Paved 1,500.00 1,200. DO 25.00% 2 Inch - Unpaved 400.00 350.00 14.29% Meter FeU 314 Inch 280.00 265.00 5.66% 1 Inch 345.00 330.00 4,55% 1112 Inch 450.00 400.00 12,50% 2 Inch 560,00 525.00 10.48% Meter Relocation Fees 314 Inch 190.00 120.00 58.33% 1 Inch 225.00 140.00 60,71% 1112 Inch 250.00 175.00 4186% 2 Inch 300.00 270.00 11.11% i ' • II r `i • • s • CITY OF DENTON WASTEWATER UTILITY CURRENT VERSUS PROPOSED RATES Rate Schedule Rates Rates Increase Residential - SR f Facility Charge 6.20 6,20 0.00% Volume Charge/1000 Gallons 2.37 2.37 0,00% f Average Customer Bill At6100 Gallons/Month 20.66 20.66 0.00% Average Monthly Dollar Increase 0.00 Residential wi hout Water Service . SRN Facility Charge (Inside Cily) 6,20 6,20 0,00% Facility Charge (Outside City) 7.15 715 0.00% Volume Chargel1000 Gallons (inside City) 2.37 2 37 0.00% Volume Charge11000 Gallons (Outside City) 2.73 2.73 0.00% Residential outside Corporate Limits and with Qty of Denton Water Service - SRW Facility Charge 7.15 7.15 0.00% Volume Charge/1000 Gallons 233 2.73 0.00% Regular Commercial - SC Facility Charge 16.20 16.20 0,00% Volume Charge/1000 Gallons 3.06 3,08 0.00% Surcharge • See Below ) Customer Bill At 32,000 Gallons Discharge/Month 114,76 11436 000% Average Monthly Dollar Increase 0.00 C4mmel:cjallIndu trial without Water Service - SCN Facdiy Charge (Inside City) 1620 16.20 0,00% Facility Charge (Outside City) 18.65 18 65 0.00% Volume Charge/1000 Gallons (Inside) 3,08 3.08 0,00% Volume Charge/1000 Gallons (Outside) 3.55 3.55 0.00% Sampling Charge (As Required) 35,00 35.00 000% Analysis Charge (As Required) 15,00 15.00 0.00% Commercial with Dedicared Water Meters - SCD (Water rate WCE) 314" Meter 2150 21,50 0,00% V Meter 23.50 23.50 0.00% 1 112" Meter 24,60 29 60 0,00% 2" Meter 34.50 34.50 000% 3" Meter 75.00 75.00 0.00% • 4" Meter 141.00 141.00 0.00% 6" Meter 176.00 176.00 0.00% 8" Meter 205.00 20500 0,00% Volume Charge/1D00 Gallons 3.08 3.08 0.00% Surcharge - See Below Regular Commercial outside Corporate limits and with City of Denton Water Service SCW • Facility Charge 18.00 18,00 0,00% ' • • Volume Charge/1000 Gallons 3,55 3,55 0,00% Sampling Charge (As Required) 35.00 35.00 0,00% Analysis Charge (As Required) 15.00 15,00 000% Surcharge - See Below r • • CITY OF DENTON WASTEWATER UTILITY CURRENT VERSUS PROPOSED RATES ae Schedule 1998 7 % Rates Rates Increase Pretreatment - SP7 (SPA cr SPB1 Facility Charge 16.20 16.20 0,00% Volume Charge11000 Gallons 3.08 3.08 0,00% Administrative/Program Categorical (SPA) 375.00 375.00 0,00% Administrative/Program Non-Categorical (SPB) 46.00 46,00 0.00% Sampling Charge 35.00 35.00 0.00% Analysis Charge 15,00 15.00 0.00% Surcharge - See Below Metered Wastewater . SM Facility Charge (Inside City) 200A0 20000 0.00% Facility Charge (Outside City) 230.00 230.00 0.00% Volume Charge/1000 Gallons (Inside) 3,08 3.08 0.00% Volume Charge11000 Gallons (Outside) 3.55 3.55 0.00% Sampling Charge 35,00 35,00 0.00% i Analysis Charge 15.00 15,00 0,00% Surcharge - See Below (yktered Wastewater Categorical - SMA Facility Charge (Inside City) 200,00 200.00 0.00% Facility Charge (Outside City) 230.00 230.00 000% Volume Charge/1000 Gallons (Inside) 3,08 108 0.00% Volume Chargeli000 Gallons (Outside) 355 3.55 0.00% Administrative/Program Categorical 375.00 375.00 0,00% Sampling Charge 35.00 35,00 0,00% Analysis Charge 15,00 15.00 0.00`/0 Surcharge - See Below Metered Wastewater Non-Categorical - SM8 Facility Charge (Inside City) 200.00 200.00 0.00% Facility Charge (Outside City) 230,00 230.00 0,00% Volume Charge/1000 Gallons (Inside) 3 08 3.08 0.00% Volume Charge/1000 Gallons (Outside) 3,55 3,55 0.00% AdministrativelProgram Non-Categorical 46.00 46.00 0.00% Sampling Charge 3500 35.00 0.00% Analysis Charge 15.00 15,00 0,00% Surcharge - See Below Ea inq Places - SEP Facility Charge 16 20 16.20 0.00% • Volume Charge/1000 Gallons 425 4,25 0,00% Sampling Charge (As Required) 35,00 35,00 0,00% ` Analysis Charge (As Required) 15.00 15,00 0,00% Surcharge - See Below Equipment Services - SES Facility Charge 16.20 16 20 0.00% i Volume Charge/1000 Gallons 4 25 4.25 0.00% e Administrative/Program Categorical 375.00 375,00 0,00% O O Ad ministra6velProgram Non-Categorical 46.00 46,00 0.00% Sampling Charge (As Required) 35.00 35,00 0.00% Analysis Charge (As Required) 1500 15,00 0,00% Surcharge See Below I 4 1 qq'' ~pv CITY OF DENTON WASTEWATER UTILITY CURRENT VERSUS PROPOSED RATES 0 ae schedule 1998 199f Rates Rates Increase Ooyernmenl - SG Facility Charge 16,20 1620 0.00% Volume Chargel1000 Gallons 2,73 2.73 0.00% Surcharge - See Below IOdustd21 Water - SGE Facility Charge 110.00 110,00 0.00% Volume Charge/1000 Gallons 1.20 1,20 0.00% f Wholesale - SSC Facility Charge 160.00 180,00 0,00% f Volume Charge/1000 Gallons 2,00 2.00 0.00% Sampling Charge (As Required) 3500 3500 C.00% Analysis Charge (As Required) 15.00 15.00 0.00% Surcharge - See Below Surcharae Siochcmica Oxygen Demand - BOD 0,00233 0.00233 0.00% Total Suspended Solids - TSS 0.00200 0.00200 0.00% Taos Wh Cleanou Fees - Fayed 41nch 1,350,00 1,050.00 28.57% s 61nch 1,450.00 1,150.00 26.09% 8 Inch 1,550.00 1,250,00 24.00% 10 Inch 1,700.00 1,350.00 25.93% TEAS- With Cleanout Fees - U-Uayed 41nch 600,00 440.00 81.82% f 6Inch 95000 475.00 100.00% 81nch 1100.00 500.00 120.00% 10 inch 1,225.00 525.00 133.33% I i' r 111 I I i • ~ y 1 1 5 /3 f k ROD CITY OF DENTON SOLID WASTE UTILITY CURRENT VERSUS PROPOSED RATES i Rate che u e 1998 Rates Rates Increase Residential - SWR Rate Per 30 D AO Facility Charge $ 12.90 12.90 0.00% State Surcharge Lm QJD 0.00% Monthly Residential 13.00 13.00 0.00% Pickup P~GkiaR Brush - Per CY (If Over 8 CY) 5.00 5.00 O.OG°x6 Grass/Leaves Per Bag Over 8 CY (48 Bags) 0.50 0.50 0.00% Appliance Collection (Per Appliance) 10.00 10.00 0.00% Commercial - SWC DUMPSTER Container Service: 2 Yard Dumpsler: Number of Times Collected Per Week Rate Per 30 Days 1 3215 23,20 10.10% 2 64.20 58.35 10.03% 3 96.25 87.50 10.00% 4 128.40 116.70 10.03% 5 160.45 145.85 10.01% 6 192 55 175.05 10.00% 3 Yard Dumpsler: Number of Times Collected Per Week Rata Per 30 Days j 1 38.00 35.35 7.50% 2 76.00 70.70 7.50% 3 114.00 106.05 7.50% 4 152 00 141.35 7.53% 5 190.00 176.70 7.53% 6 228.00 212.05 7.52% 4 Yard Dumpsler. Number of limes Collected Per Week Rate Pe( 30 Days 1 43.40 41.50 4.58% • 2 88.80 83.05 4.52% 3 130.15 124.53 4.50°h I ' 4 173.50 166.05 4.49% 5 217.00 207.60 4.53°x6 6 260.30 249.10 4.50% 6 Yard Dumpster: • Number of Times Collected Per Week Rate Per 30 Days • • 1 54.65 5385 1.49% 2 109.30 Q7.70 1.49% 3 164.00 161.55 1.52% 4 218.65 215.40 1.51% 5 273.30 269.25 1.50% 6 328.00 323.10 1.52% .r • • CITY OF DENTON SOLID WASTE UTILITY CURRENT VERSUS PROPOSED RATES I Rate c e uie 1998 1997 Rates Rates lncrease 8 Yard Dumpster: Number of ) mes Collected Per Week Rate Per 30 Dao 1 66.20 66.20 0.00% 2 132.40 132.40 0.00% 3 198.60 198.60 0.00°x6 4 264.75 264.75 0.00% 5 330.95 330,95 0.00% j 6 397.15 397.15 0.00% I JEMPRARY Oumosler Service: Type of Container &Mal Penlal 3 Cubic Yard Dumpster 9.70 9.00 7.78% 4 Cubic Yard Dumpster 12.50 12.00 4.17% 6 Cubic Yard Dumpster 16.25 1600 1.5676 8 Cubic Yard Dumpster 19.00 19.00 0.00% Type of Container MckuR Pickup 3 Cubic Yard Dumpster 3800 3500 8.57% 4 Cubic Yard Dumpster 47.00 4500 4.44°x6 6 Cubic Yard Dumpster 61.00 60.00 1.67% 8 Cubic Yard Dumpster 70.00 70.00 0,00% REFILL / EXTRA PICKUP Dumpster Service: P ckuo Pickup j 2 Cubic Yard Dumpster 15.50 14.00 10.71% 3 C-jbic Yard Dumpster 21.50 20.00 7.50% ? 4 Cubic Yard Dumpster 28.25 27,00 4063% 6 Cubic Yard Dumpster 37.50 37,00 L35% 8 Cubic Yard Dumpster 47.00 47.00 0.00% OPEN TOP Container awkg: Type of Container Rental Rental 15 Cubic Yard Open Top 53.00 45.00 17.78% 20 Cubic Yard Open Top 66.00 56.00 17.860% 0 30 Cubic Yard Open Top 79.00 67.00 17.91% 40 Cubic Yard Open Top 100.00 84.00 19.05% ` Type of Containei Pickup P1~kLR 15 Cubic Yard Open Top 137.00 116.40 IT", 0% 20 Cubic Yard Open Top 164.00 139.15 17,66% 30 Cubic Yard Open Tnp 218.00 1M.65 18.06% 0 40 Cubic Yard Open Top 272.00 231,.30 17.60% O p I . mitts w+ .r+..:.K.~9nT►SfP111~S .V_ x V 4~ti,:.ji w;1c . , J • Ir CITY OF DENTON SOLID WASTE UTILITY CURRENT VERSUS PROPOSED RATES Rate Schedule 1998 1997 % Rates Rates Increase COMPACTOR Container EM Ce: Type of Container Rgntel RentaE 6 Cubic Yard Compactor 63.00 56.00 12.50% 12 Cube: Yard Compactor 121.00 106.00 14.15% 20 Cubic Yard Open Top 159.00 140.00 1357% 25 Cubic Yard Compactor 192.00 168.00 14.29% 30 Cubic Yard Compactor 236.00 207.00 14.01% 42 Cubic Yard Compactor 307.00 269.00 14.13% CDMI!6CTOR-Container Service- Tyne of Container P&kQ Pickup 6 Cubic Yard Compactor 62.00 54.20 14.39% 12 Cubic Yard Compactor 122.00 107.25 13.75% 20 Cubic Yard Open Top 160,00 140,25 14.08% 25 Cubic Yard Compactor 183.09 160.90 13.74% 30 Cubic Yard Compactor 207.00 181.50 14.05% 42 Cubic Yard Compactor 263.00 231.00 13.85% State Surcharge (excludes rental fee) 3.5% 3.5% Other Charges Brush-Per CY (If Over 8 CY) 5.00 5.00 0.00% Grass/Leaves Per Bag Over 8 CY (48 Bags) 0.5J 0.50 0.00% Appliance Collection (Per Appliance) 1000 10.00 0.000,0 Special Waste Collection (CY) 17.50 16.75 4.48% Inaccessible Containers 6.00 6.00 0.00% Deposit - Open Top/ Temporary Dumpsters Varies Varies N/A Temporary Dumpster Delivery Fee 3000 28.00 7.14% Open Top/Compactor Delivery Fee 45.00 3500 28.57% Open Top/Compactor Relocation Fee 30.00 28.00 7.14% Open Top / Compactor Same Day Demand Service Fee 25.00 15.00 66.67% Lock (Improved system) 55.00 55.00 0.00% Precrusher Rental 400 00 380.00 526% s Landfill Service - SWL Uncontaminated and Unbagged ' Grass & Leaves delivered no charge no charge N/A Uncontaminated and Bagged Grass t Leaves /Brush under 6' delivered no charge 1.00 CY NIA S Contaminated Grass / Leaves / Brush 8460 CY 8.20 CY 4.88% Brush delivered in less than 6' lengths 1.00 CY 1400 CY 0.00% Brush delivered in more than 6' lengths 3.00 CY 3.00 CY 0 00% y • CITY OF DENTON SOLID WASTE UTILITY CURRENT VERSUS PROPOSED RATES 1997 Rate Schedule 1996 Rates Rates Increase Landfill Service from Denton citizens 8.60 CY 8.20 CY 4.88% Landfill Service from Outside the City of Denton 17.50 CY 16.75 CY 4.48% Outside City Commerciat Contracts 17.50 CY 16.75 GY 4.48% Whole Trees & Stumps 17.50 CY 16.75 CY 4.4896 Special Waste (CY) 17.50 CY 15.75 CY 4.48% Unsecured Loads (Per Load) 12.00 12.00 0.00% The Cutting Charges: Automobile Tires 4.00 3.30 21.21% Truck Tires 6.00 5.60 7.14% State Surcharge 3.50% 150% Cardboard board Recycling - SWY DUMPSTER Cardboard RecKiing; Pr Provided in 4.6 8 8 CY Dumpaters D-uu"ter Rental Pickup 4 GY 0.00 0.00 6 CY 0.00 0.00 8 CY 0.00 0.00 I i COMPACTOR Cardboard Recycling Rental Pickup. 30 Cubic Yard Compactor 0.00 0.00 42 Cubic Yard Compactor 0.00 0.00 3 • f 17 1 ~4 I 5 rJ • • I • i 1 2 CUBIC YARD DUMFSTER RATE FEBRUARY 1997 SURVEY sso r - - - -r- - - CITY 1XWK 1 --~l DENTON $29.20 fF I LE*" $3075 $45I 1II RO11'LLETC _ S31-64 D[ NTON' - - COR111ERCf - 533.00 $40 AVlRACFMARKElPRI(2F $17.18 GARLAND 534.00 _ ALLEN - -535.64 $35 - - K[},I.EEN 536.68 Cl'L_F.R _ S300 N R[CHLAND H1_L_LS - $37.20 $ao ARL[NGTON $42.00 HIGHLAND VILLAGE _S46.1i _547.44 IIp+A GRAFEVINE _ LFR vorwtV" AUEM LaN nctaMaHL IA.9vEU onuto=nAw+[ DEWC" 2 • GRAND PRA]RIF S4 B.00 1E9P F~ °O~" • 1'RO4'OSL'.D 1941 RATE ]IMMk ULT6'S MR IS L! YARD ONLY •••A~'1'.R.ICE AL1RKfT PRICE IS EQUAL( $37.18 • c:1comnwci9 DLW-PRE. WK4 1r • r 4 3 CUBIC YARD DUMPSTER RATE FEBRUARY ISSURVEY ('ITl' IXN7C ENTON' S3B00 ` LAND _ 53990 ROWLLETT $4036 I I TYLER -4294 ARROLLTON $4370 I l OMMERCE f44oo ILLEEN^ -4741 LLEN P8-63 AVffRAGE MARh:Ft[RIC F.'f5153 IGHLANDYIILAGE _ -5023 N RICHLANDHILLS_ W5_5 ACO -53-55 RAFEVINE $5393 EMPLE -$57.99 Fi WORTN`----- . -58,00 µa - - - REENVVLLE-______ _$58.75 STEOMCWLLE-__ $ti8,95 MCKINNEY $59,00 FAAkERSBAANCH$59.00 1 • BAYAN -60.00 Ib IMiM nt11 Ll4lYI RIA 4~pVrOti1~ 4YtH[ /I WIM tIPML IMtM Yd LLMtNJ EWISYILIF -64.10 ¢wmr ,n.,n nm~~w vta iowwa h.w ru ~TMti1 'O""' m""` -OPPELL-67,-48 mcC IfW RATE wIMCI M&RK IT MCC 11 EQUAL S-L-f it e • i .a....~..JJ1Y MID 009 "A V IR 0 r 0 .:r i 4 CUBIC YARD DUMPSTER RATE FEBRUARY 1997 SURVEY tw - DENTOPY DENTON F14 RCWLLETT ARLAND _ ARROLITON _ LER HIG H LA ND V1lLAGE I MERC E AN 1.RA(;[; of V!>.I' _ 15500 '.'f PRi~9 •Hu 6: k KILLEEN 15820 LLEN._ $5856 AINSVILI E S6Q.~0 ts~ - LLAS td2_80 ARMERSB 56800 LINGTON - S66,00 RAPEVINE _ - t6d_43 1 REENVILIE _ 16898 BRVAIJ _ 17000 $30 MCKINNCY- 3700 STEPHEN NLLE 17070 L 1_ - RAND PRAIRIE _ 37500 ENTW RbMLEIT ENiLIND VuCO ~ROrUrEL VOL REIFDI 6+uvti[ FRRLIERS MR owRrE`+E BRYAN ETEPNENVIIL N MiCMINO COPPRL N R'CHV_WD HILL S___ 17116 C OEWON' MICNMDMON' GMOLLTON TYLER COMMERCE KLEN ML*J ARLWGTW OREEWrt.LE MCKhNEY OP.%4DPRNN TEMPLE ` -EMPLE - 17731 RAMC grornrD I M Litt " RK1 WI C!W CIVJIOE! t N3 N01M1'i! ! LIIN i W MT[ rOR LNOIM1L ~rLR.a:LMULrl rrxr■ra:eL, 190.62 0 ~o i e,v"rmw4m' WMP.PRE WK4 I i I . ..ter.-,p.ti...~I•~~~~..,. • ~i • I ~ s 6 CUBIC YARD DUMPSTER RATE FEBRUARY W SURVEY P O0 LER-- _ falei .PRRCLLION 310760 NiON 5107 i0 ' ON• _ Il IEEN - 3110 70 CR _ _ $110751 lA5 $1126 I _ C11JJ10 Nl4IGE 32517 E[wuE 312Y. 12 110 - AbRR1V:F1.(MKFF YkN'F •$11507 MFftCt X100 AmAS BAARC-H_ (1]100 I IEN _ 311152° NNLLE - f13T00 VINE 3117.Ot i21C14/2i7 MIl$ 3142d2 FLE 1 116 oti(JR" - WA0 SYrCLE 3111 L` PI17221 Iw L iL I n 1'1500 rum w ~n Y'n"° als ..r wr .wr.u r..a rwweW wsru ~~~:.+~.sw~ s~• ~Y mw. .r fMN6_ 17500 11 AiiF 1NV(YTI} 3200 Hn WID IYN M1f ' ....1.u,; Y.."I HUt a We $116.27 • • Y 1 j r ry. ~ ~MnWrM+.ilry, r Y N ' • r • 8 CUBIC YARD DUMPSTER RATE FEBRUARY 1997 SUMTV CITY owCLEir iix2:la ~ I r SOUtT! 312a 00 Itao - . KtLMN 1CILTA 9,LLL5 l!)6 6O _ CRT DENTON $112 40 nER, I IN O LL .I% R 1G OSON oAAlAERCE _ 1156.50 ~ Al i kAf k LLtRKF I YRk F -5111 19 - REEN1Al,E S1770 LRlOTAh $177 AFMEI.s e117v~A $17f& RAPEHINE 3;1;;1 i ~ I IIII - RAND PRAIRt 17660 ALL97N 04-111 I0 1M3s~90 tl I E1.IPLE 3196.11 ~ _ [WISVILLE 7xW.72 ~'i0 u..,.mp1••~" ra..n ''°.rn...a~ me ~ ~YOR+•...~':rr~~ rn°~''~ r.~°r wamo"'~ M ~ °m'u.w~°`r "irw , _ • N_R!CHLFND HILL9 -5-2-0-5-5 xAWA I •n mwei.n rwn •.~uwcwu~r rxr[s~a~u: SI9t11 s • • r • • 30 YARD OPEN TO[ RENTAL JJ $160 , $140 $120 { AVERAGE MARKET PRICE _ $101.81 $100 I _ I LAI - r- sso - I _ S60 L i l S4U ---1- - L---l - r1llE OENTOH' TYLER MG(1`1JEV FARMERS &4ANC ARl1NOTON Rf,/URD50N' ALIEN STEPNENVLLE CARROLLTON RENTON GAMS • OARLAM' OMMERCE TEMPLE---MLE0E STATO RENTON- KLLEEN ORAPEYNE ORMD PRAIRIE LEWISVLLE ELILESS " PROPOSED 18% RATE INCREASE PROPOSED 26% RATE INCREASE EXCLUDING DENTON FROM AVERAGE MARKET PRICE ® AVERAGE MARKET PRICE IS EQUAL: $101.81 0 Ir{ J J 0 30 YARD OPEN TOP PICKUP COST - - $350 $30U - i. I I AVLRAG[ MARKET ICE $237.08 $zso I $200 T - 5450 I $100 AMINOTON OARiAZ FARMERSdRAN MCKMEY WILCOESTATI MIOLMC EN_ToW RtCWROSON• (ARANOPRAIIE ELIESS ALLEN STEP1#liVILE CARRCYLTON OENTON MESOIATE TEMPLE DENTOW LEMn9N.Lr- KLLEFN GA +WLE TYLER GRAPEVINE CCMMVnE PROPOSED 18% RATE INCREASE " PROPOSED 28% RATE INCREASE ` EXCLUDING DENTON FROM AVERAGE MARKET PRICE AVERAGE "MARKET PRICE IS EQUAL: $237.08 0 c Pol • • 30 YARD OPEN TOP P'FCKUP COST PER CUBIC YARD $11 - - - - i , $10 I I - - - - _ AVERAGE MARKET PRICE = $7.U0 , :1j • MAWON OARLA.W FARW" BPAN UCK*#EY COUEOE lTA1 NIOLAND PENTON- MMOODWW OR" KAM CUM ALM4 STEPHEWALE C`AROLMN mEMI HESWIF tEwtE QOM LEYAMtr-POLMN QA#OV" riLm ORAPC09 00WWJ?CE i PROPOSED 18% RATE INCREASE PROPOSED 28% RATE INCREASE • EXCLUDING DENTON FROM AVERAGE MARKET PRICE AVERAGE MARKET PRICE IS EQUAL: $7.90 • cam., ' 0 • 30 YARD COMPACTOR RENTAL. $350 - 0 - 330 - - AVERAGE NIARKLT PRICE = $261.39 Saco - 1 _ _ _ - - - - $200 ~ - $100 - - - - - - MCKINNEY DENTON DENT ON" LEMSVILLE OROWNE ALLEN DENTON' COPPELL FARMERS BRANCH OAINSVILLE s PROPOSED 14% RATE INCREASE PROPOSED 20% RATE INCREASE EXCLUDING DENTON FROM AVERAGE MARKET PRICE AVERAGE MARKET PRICE IS EQUAL: S26139 • • t • • e ( I f 30 YARD COMPACTOR PICKUP COST 5800 - - --r-~------ k 5600 } -1 - . _ - ~ i $400 AVERAGE,NIARKE'TPRICE $290,94 i $200 - - - - - - - - - • $0 - - _ ARL94GTON rON' FARMERS BRAN COPPELL MCKINNEY TYLER GAJNSVRLE MIDLAND DENTON ENT GRAND PRAIRIE ALLEN LEVNSVILLE KILLEFN GRAPEVINE " PROPOSED 14% RATE INCREASE j • PROPOSED 20% RATE INCREASE ` EXCLUDING DENTON FROM AVERAGE MARKET PRICE v AVERAGE MARKET PRICE IS EQUAL: $290,94 • • • 30 YARD COMPACTOR MKUP COST PER CUBIC YARD $25 i - - - 1--- - - - - ; $20 - - - - - - - - - S15 - - - - - $10 AVLRACE MARKET PRICE =54.70 $5 I - - - - - - • - ARUNGTON p~NTOy FARMERS 8RM! COPPELL WK*NEY TYLER GANSVUE MWLAND DENTON'-bENTON" GRAND PRAfRIE ALLEN LEMSVILE KILLEEN GRAPEVINE " PROPOSED 14% RATE INCREASE • PROPOSED 20% RATE INCREASE EXCLUDING DENTON FROM AVERAGE MARKET PRICE • AVERAGE MARKET PRICE IS EQUAL: 59.70 ~O i ~~s • • -t Apenda No.~1 D3 9 Wda Item Date I ORDINANCE NO. AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC FATES CONTAINED IPI ORDINANCES 96-207; I1ICOR.P0FArII1G C"PDI"DANCE 97-208 PROVIDING FOP. A STATE UNIVERSITY DISCOUNT RIDER; ADDING A DECORATIVE GROUND LIGHTING PATE SCHEDULE ID3L); AMENDING THE DUSK TO DAWi4 LIGHTING PATE (DD) TO ADD NEW TYPES OF LIGHTS AND RESTRICT FUTURL INSTALLATION OF SOME TYPES OF LIGHTS; RENA4IMIG THE DECORATIVE LIGHTING RATE (DL) TO THE DOWNTOWN DECORATIVE LIGHTING RATE (DDL1; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTUN HEREBY ORDAINS: ~_ECTI: I. That the Schedule of Rates for electrical services as provided for in Chapter 26 of the Code of Ordinances, is a,ended to read as follows: ARTICLE I. ELECTRIC RATE SCHEDULES PA , E R1 Residential Service Rate 2 R2 Residential Service Rate 4 TR Residential Time of Use Rate 6 GSL General Service Large 8 GSS General Service Small 11 TGS General Service Time of Use Rate 14 A?: Weekend Rate 18 G1 Local Government Lighting & Power Service Rate 21 {City, County, Independent School District) LS Street Lighting 2 LT Traffic Lighting ,3 LO Other Lighting 26 DD Dusk-to-Dawn Lighting (Security Light) 27 I DDI. Downtown Decorative Lighting 29 ` DG L Decorative Ground Lighting 30 T1 Temporary Service Schedule 32 P1 Interruptible Primary Service 34 ES Standby, Supplementary s Maintenance Service 36 AF Athletic Field 40 IDP. Industrial 'Economic Da:eioproent Rate Rider 42 APR Appliance Rebate 43 M1TR Premium-Efficiency Mtotor Pe_,;ate 49 • UPS Uninterruptitle Po-.rer Supply 5C • • ECA Energy Cost Adjustment 52 Special Facilities Ridgy-r 53 D1scou!v Rid_•I For State tli:*''erslcles and Colleges 54 fL _ { it •>Jr. 1 SCHEDULE R1 RESIDENTIAL SERVICE (Effective 10/01/97) APPLICATION Applicable to all electric service used for residential pur- poses in a single family dwelling or an individually metered apartment; supplied at one point of delivery and measured through one meter where usage is not in excess of 700 KWH per 30-day month during the billing months of May through October. If usage in any such month exceeds 700 KWH, billing will be rendered that month under Rate Schedule R2 and thereafter for a period extending through the 12 billing months of the next year ending with the October billing. Annually, in November, the customer may again qualify for the R1 rate provided that consumption has not exceeded 700 KWH per 30-day month during the previous six summer months. Where individual dwelling units are being served through the same meter and the KWH in the billing months of May through October exceed 700 KWH times the number of dwelling units, the billing for that month and thereafter will be rendered under Rate Schedule R2. NET MONTHLY RATE (1) Facility Charge $6.70 / 30 days (2) Energy Charge 3.85C / KWH (3) Energy Cost Adjustment Schedule ECA MINIMUM BILLING Facility Charge TYPE OF SERVICE 0 The City will supply single-phase service at any standard voltages available from the City's distribution system through one i standard transformation. PAYMENT Bills are due when rendered, and become past due if not paid 1. within 15 calendar days from date of issuance. • • SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 2 i r ' LI. r~ i~ rv•e r•Ya. r ~x,,r r.Y'Y-~~t~e. i • PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula. Formula: Actual days in reading period x customer facility charge 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH - consumption during the billing period. Formula: KWH x KWH rate ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. i EE f , PAGE 3 r 4 `t'r't..s SCHEDULE R2 RESIDENl!Ah SERVICE (Effective 10/01/971 APPL"CATICN Applicable to any customer for all electric service used for residential purposes in an individual private dwelling or an indi- vidually metered apartment, supplied at one point of delivery and measured through one meter. Also applicable to any customer heat- ing with electric energy, resistance or heat pump. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in •onilmction with the applicable rider. NET MONTHLY RATE WINTER SUMMER Billing months of Billing months of NOV through APRIL MAY through OCT (1) Facility Charge Single Phase $ 7.73 / 30 days S 7.73 / 30 days Three Phase $15.45 / 30 days $15.45 / 30 days (2) Energy Charge First 1,000 KWH 4.341 / KWH Additional KWH 3.940 / KWH First 3,000 KWH 5.610 / KWH Additional KWH 6.210 ! KWH (3) Energy Cost Adjustment Schedule ECA Schedule ECA • MINIMUM BILLING Single Phase Facility Charge Three Phase Facility Charge TYPE OF SERVICE - - i • The City will supply single-phase service for three-phase ser- • • vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribu- tion system Through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the City and the customer may be required in advance. PAGE 4 4 H. 1 . J 1 j '1' trn Y Jw 1• •I i • ,f PAYMENT Bills are due when rendered, ar,d become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided sub}ect to the special facilities rider. PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annuall} and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in readilaperiod x customer facility charge 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH consumption during the tilling period. Formula: KWH to rate block x Rate per KWH in rate block ENERGY M3T ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. k PAGE 5 = E • • 1 SCHEDULE TA RESIDENTIAL TIME OF USE (Effective 10/01/97) APPLICATION Applicable to any customer for all electric service used for residential purposes in an individual private dwelling or an indi- vidually metered apartment, supplied at one point of delivery and measured through one meter. Customers applying for the 1'R rate must remain on this rate for twelve (12) continuous billing per- iods. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with the applicable rider. NET MONTHLY RATE (1) Facility Charge Single Phase $15.45 / 30 days Three Phase $20.60 / 30 days (2) Energy Charge On-Peak Hours 25.55< / KWH Off-Peak Hours 1.411 / KWH (3) Energy Cost Adjustment Schedule ECA MINIMUM BILLING Facility Charge TYPE OF SERVICE Single-phase or three-phase at sixty (601 cycles at secondary distribution voltage. Where service of the type desired by the r customer is not already available at the point of service, special contract arrangements between the City and the customer may first be required. DEFINITION OF ON-PEAK HOURS The City's on-peak hours, for the purpose of this rate sched- ule, are designated as being from 2:00 P.M. to 7:00 P.M. each I O ?fonday through Friday, starting on June 1 and continuing through • O September 30 each year. The City's on-peak hours may be' changed from time tL time and the customer will be notified twelve (12) months before such changes become effective. PAGE 6 ) ,r s , • , DEFINITION OF OFF-PEAK HOUkS The City's off-peak hours, for the purpose of this rate sched- ule, shall be all hours not designated as cn-peak hours. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS Billing for the Facility Charge shall be based on 12 billings annually and prorated for longer or shorter periods using the Following formula: Actual days in reading period x customer facility charge 30 days ENERGY CHARGE. Billing for the energy charge shall be based on actual KWH consumption during the billing period. i Formula: i i KWH in rate block x Rate per KWH in rate block i ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. rs ~ i K PAGE 7 loll • • SCHEDULE GSL GENERAL SERVICE LARGE (Effective ID/ 1/97j APPLICATION The CSL Rate is applicable to any commercial or industrial customer having a minimum actual demand of 250 KVA or 225 KW for all electric service supplied at one point of delivery and measured through one meter. Customers with an average actual demand equal to or greater than 200 KVA or 180 KW during the previous twelve month period may be allowed service under this rate, subject to the minimum billing provision. Customers other than commercial and industrial may be allowed service under this rate, subject to the minimum billing provision. Customers who elect to discontinue service under this rate are ineligible for service under this rate for twelve months. This rate is not applicable to resale service in any event, nor to temporary, standby, or supplementary srrvics except in conjunction with the applicable rider. NET MONTHLY RATE (1) Facility Charge $60.60 / 30 days (2) Demand Charge $ 8.64 / KVA (Minimum of 250 KVA billed) (3) Energy Charge (GL1) 1.410 / KWH (4) Energy Cost Adjustment Schedule ECA MINIMUM BILLING An amount equal to the facility charge, plus a demand charge billed at the above KVA rate, where demand is determined by whichever of the following methods yields the greatest result n1imerically: 1) the actual monthly KVA -'emand, 2', 250 KVA, or 3) seventy percent (709) of the ma%imum monthly KW/KVA actual demand 1 r for any month during the previous billing months of May through I' October in the twelve months ending with the current month. • TYPE OF SERVICE } - Secondary or primary service available to commercial and industrial customers. Primary service is rendered at one point on the customer's premises at a nominal voltage. of 13,200 volts. PAGE 8 y, n ti i I PRIMARY SERVICE DISCOUNT Customers who own, operate, and maintain all facilities neces- sary to receive three phase primary voltage service and all trans- formation facilities required for conversion to itili7,ation voltage shall receive a discount of 0.3<IKWH (GL3). Primary service customers utilizing City owned and operated facility and transformation equipment necessary to receive primary voltage service shall receive a discount of 0.1C/KWH (GL2). The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. DETERMINATION OF DEMAND The demand shall be determined by the KVA supplied during the 15-minute period of maximum use during the current month as deter- mined by City's demand meter, but shall not be less than 705 of the highest monthly KW/KVA actual demand determined during the billing months of May through October in the 12 months immediately preceding the current month. If the current monthly demand is less ' than 250 KVA, and 705 of the actual demand determined during the previous months of May through October is less than either 250 KVA cr 225 KW, a minimum of 250 KVA demand will be billed for the month. In all cases, 250 KVA is the minimum demand billable under rate GSL. j SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS • (a) Billing for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in reading period x customer facility charge 30 days • t j PAGE 9 K. r fb? Billing for demand shall be calculated on a 3D day per month basis and prorated for longer or shorter billinq periods using the following foraula: Formula: Actual days in readinq period x KVA demand x Rate 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH consumption during the billing period. Formula: KWH x KWH rate ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordvnce with Schedule ECA. i 4 • y L PAGE 10 € • v tiiM t1., 4 .,i.'. / i'y T.,~'Sv. :}~I~ L :~t~i.{ Jr' i.' y y~{.}jiif'$7yr r".!•J SCHEDULE GSS GENERAL SERVICE SMALL (Effective 10 01 1/9~) APPLICATION The GSS rate is applicable to any commercial or industrial customer having a maximum demand less than 225 KW for all electric service supplied at one point of delivery and measured through one meter. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with the applicable rider. NET MONTHLY RATE (1) Facility Charge Single Phase $15.15 / 30 days Three Phase $20.20 / 30 days (2) Demand Charge $ 8.00 / KW (First 20 KW not Billed) (3) Energy Charge (GS1) Customer with 20 KW or below: Block I - First 2,500 KWH 6.?5C / KWH Block 2 - All Additional KWH 3.00c / KWH Customer above 20 KW. Block I - First 2,500 KWH 6.75c / KWH Block 2 - Next 3,500 + B2T' KWH 3.00C / KWH Block 3 - All Additional KWH 2.65c / KWH The Block 2 Threshold (B2T) establishes the upper threshold for the Block 2 billing rate above 6,000 KWH as a function of demand, and is determined by the following formula: B2T CWH = ((Actt,ai KW demand - 20) x 190) } No customer shall be billed for KWH not actually consumed. y • (4) Energy Cost Adjustment Current ECA Schedule u PAGE 11 ( r~ • %('wrl ,~`I.,..~ "rib t°Iw.~, t w:,w{~ r ~d~{iJ 'F. ~ 1 , I r-'. Y .jar ••a_ . is i -•r r , MINIMUM BILLING An emount equal to the facility charge plus the greater of: 1) the actual monthly KW demand charge, or 2) seventy percent (708) of the maximum monthly actual demand charge for any month during the previous billing months of May through October in the twelve months ending with the current month. TYPE CF SERVICE Secondary service available to commercial and industrial customers. The City will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (601 cycles and at any standard voltages available from the City's distribution system through one standard transformation. Where service of the type desired by the customer is not already; available at the point of service, special contract arrangements between the City and the customer may first be required. PRIMARY SERVICE DISCOUNT Customers who own, operate, and maintain all facilities neces- sary to receive three phase primary voltage service and all trans- formation facilities required for conversion to utilization voltage shall receive a discount of 0.3C/KWH (GS3). Primary service customers utilizing City owned and operated facility and transformation equipment necessary to receive primary voltage service shall receive a discount of 0,1C/KWH (G$2). The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. DETERMINATION OF DEMAND The demand shall be determined by the KV supplied during the 15-minute period of maximum use during the current month as deter- mined by City's demand meter, but shall „ot be less than 70% of the highest nonthly actual demand determined during the billinC months of May through October in the 12 months immediately prect.i- r • ing the current month. Billing demand shall bo. based or, an adjusted KW demand wh.ch is the highest of the actual monthly demand, less 20 KW or 706 of the maximum monthly actual demand fz} during the preceding months of May through October, less 20 KW. In nu case, shall billed demand be leas than 0 KW. j PAGE 12 r In cases where the connected load is constant, the City may, at its option, estimate the KW demand. For neon signs, one volt ampere shall be considered the equivalent of 3/4 watt. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be eased on 12 billings annually and prorated for longer or shorter periods using the following formula: Formula: Actual des in reading period x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: 1 Formula: Actual days in reading period x adjusted KW demand x Rate 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH consumption during the billing period. Formula: • KWH in rate block x Rate per KWH in rate block ENERGY cO_ST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in f4 • accordance with Schedule ECA. t PAGE 13 CF 1 F 101 r • ..t SCEMDULE TGS GENERAL SERVICE TIME OF USE (Effective 10/01/971 APPLICATION Applicable to any customer having a minimum demand of 250 KVA for all electric service supplied at one point of delivery and measured through one meter, with the City providing all facilities necessary to receive primary voltage service. Supplementary ser- vice will be available subject to the applicable rider. Not applicable to resale or temporary service. Customers electing this rate must remain on this rate for a minimum of twelve (12) continuous billing months. NET MONTHLY RATE (1) Facility Charge $70.70 / 30 days (2) On-Peak Demand Charge $10.98 / KVA On-Piak Demand (3) Off-Peak (System) Demand $ 2.16 / KVA System Demand Charge (4) Energy Charge 0.510 ! KWH (5) Energy Cost Adjustment: Per Schedule ECA 3 MINIMUM BILLING The minimum monthly bill shall be the sum of the Customer Facility Charge, the Off-Peat: Demand Charge, and the On-Peak Demand Charge. The October through May demand charge shall be the measured system demand, plus not less than 100% of the actual maximum monthly on-peak demand for any month during the months of June through September in the twelve (12) months immediately preceding the current month. TYPE OF SERVICE Secondary or primary service available to conanercial and industrial customers. Primary service is rendered at one point on the customer's premises at a nominal voltage of 13,200 volts. Y;r The City will supply single-phase service {or three-phase ser- i vice if available at the point of delivery) at sixty {60) cycles • • and at any standard voltages available from the City's distribution system through one standard transformation. Where service of the type desired by the customer is not already avail- able at the point of service, special contract arrangements between the City and the customer may be required. PAGE 14 - - i % [ 1 PRIMARY SERVICE DISCOUNT Customers who own, operate and maintain all facilities neces- ) saty to receive three phase primary voltage service and all trans- formation facilities required for conversion to utilization voltage shall receive a discount of 0.3~/KKH (TG5 and TG6). If primary service is provided and the City owns and operates all. facilities and transformation equipment necessary to receive primary voltage service, a discount of 0.1C/KWH will be applied to the customer's bill (TG3 and TG4). The City shall own, operate and maintain all metering facilities, either at prim,-iry or secondary voltage, at the City's option. DEFINITION OF ON-PEAK HOURS The City's on-peak hours, for the purpose of this rate sched- ule, are designated as being from 2:00 P.M. to 7:00 P.M. each Monday through Friday, for the months of June through September. The City's on-peak hours may be changed from time to time and the customer will be notified twelve (12) months before such changes " become effective. DEFINITION OF OFF-PEAK HOURS The City's system (off-peak) hours, for the purpose of this rate schedule, shall be ell hours not designated as on-peak hours. DETERMINATION OF ON-PEAK DEMAND The on-peak demand shall be determined by the KVA actual demand supplied during the fifteen (15) minute period of maximum use each month during on-peak hours as recorded by the City's demand meter, but riot less than one hundred percent (1009) of the actual maximum on-prsak demand similarly determined during the billing months of June through September in the twelve (12% months immediately preceding the current month. DETE_RMINa_T_I_ON_OF_ OFF PEAK (SYSTEM DEMAND The off-peak demand shall be determined by the maximum KVA I , actual demand supplied during the fifteen (15) minute period of maximum use during off-peak hours each month as recorded by the City's demand meter. The off-peak demand will be billed every month. DETERMINATION OF DEMAND BILLING FOR CUSTOMERS WITH NO PEAK x, DEMAND HISTORY DURING OFF PEAK MONTHS s If the customer is new or foes not have a history of on-peak use for June through September, and elects to come on the TGS rate, _ the customer's billed demand shall be the off-peak demand billed at the GSL demand rate. The off-peak demand will be billed every month at the GSL rate until the customer establishes a separate on-peak and off-peak demand during an on-peak month. At this time, both on-peak and off-peak demand will then begin billing at the TGS rate. PAGE 15 w~ _ r ,~ww~• ,~~-.r •f -'tom«. , ~ V~ i~~A y' of ,1,'; r • :s 1 SUPPLEMENTAL POWER RIDER Customers requesting standby or supplementary power shall be allowed service under this rate schedule; however, the determina- tion of off-peak demand shall be adjusted to read: The off-peak demand shall be the sum of the maximum KVA demand supplied during the fifteen. (15) minute period of maximum use as recorded by the City's demand meter plus the KVA nameplate rating(s) of the customer's generator(s). In the event the customer's generator(s) is/are off-line at the time of the estabi_shment of the maximum off-peak demand, tie KVA nameplate rating of the generator(s) unavailable for service shall be removed from the determination of the off-peek demand. SPECIAL FACILITIES All servi:es which require special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRORATION or UTILITY BILLS I ?a) Billing for the Facility Charge shall be based on 12 billings annuelly ana Frorated for longer or shorter periods using the following formula: Actual days in reading period x customer facility charge 30 days (b) Billing for demand shall be -alculated on a 30-day-per- month basis and pro rated fr longer or shorter billing periods using the following formula: Actual days in reading period x KVA Billed Demand x Rate 30 days ENERGY CHARGE • Billing for the energy charge sh 11 be based on actual KWH consumption during the billing period. / Formula: i 14 Y,WH x KWH rate ENERGY COST ADJUSTMENT A charge per KWH of energy a;can for fuel cost calculated i^ accordance with Schedule ECA. PAGE 16 • ,;t. ZS e. ~ t:'j '{'I •~A i},rSy Ypr. ~,j 4i ~ +X~~' `2y ~ '~1'~,v,'.lif_T< Ei. r ..:''vC?.iLY7:G+uwNSA~W'aYU'r~Iww.o~✓w..«s~~r.~.«r...•.. r~~~,r. -;...~1.~~_ r I' i PAYMENT ' Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. 't . i I 1 1 r ff t, PAGE 17 EE l 1 R ~ • i SCHEDULE WK WEEKEND RATE (EFFECTIVE 10/01/97) APPLICATION Applicable to any conunercial and industrial use: whose maximum demand load occurs during the period from Thursday at 12 midnight through Sunday at 12 midnight and does not experience a demand load during the period from Sunday 12 midnight through Thursday 12 midnight that exceeds 809 of the maximum demand load. Customers who violate the 809 requirement more than four times during the month, or more than twice or. the same day of the week, during the months of June through September, are ineligible for service under this rate for twelve (12) months. Not applicable to resale service in any event, nor to temporary, standby or supplementary service e:.cept in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Single Phase $20.00 / 30 days Three Phase $25.00 / 30 days (2) Demand Charge $ 6.40 / KW (First 20 KW not Billed) (3) Energy Charge (GS1) Customer with 20 KW or below: Block 1 - First 2,500 KWH 6.751 / KWH Block 2 - All Additional KWH 3.000 / KWH I Customer above 20 KW: Block 1 - First 2,500 KWH 6.75< / KWH Blcck 2 - Next 3,500 + B2T* KWH 3.00< / KWH Block 3 - All Additional KWH 2.651 / KWH • ' The Block 2 Threshold (B2T) establishes the upper threshold for the Block 2 billing rate above 6,000 KWH 1 as a function of demand, and is determined by the s fol'owing formula: B2T KWH - ((Actual KW demand - 20) x 190) E' • ; _ No customer shall be billed for KWH not actually • consumed. (4) Energy Cost Adjustment Per Schedule ECA PAGE 18 .rater • MINIMUM BILLING An amount equal to the demand charge as calculated belt,.. plus 520.00/month for single phase service or 525.00/month for three phase service, per 30 day billing. TYPE OF SERVICE The City will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system throug,. one standard transformation. Where service of the type desired by the customer is not already avail- able at the point of service, special contract arrangements between the City and the customer may be required. PAYMENT Bills are due when rendered and become past due if not paid within 15 calendar days from date of issuance. DETERMINATION OF DEMAND The demand shall be determined by the KW supplied during the fifteen (15) minute period of maximum use during the current month as determined by the City's demand meter. Billing shall be based on an adjusted KW demand, which is the actual demand less 20 KW. The adjusted KW demand will subsequently be used for billing the demand portion of the utility bill. In no case, shall billed demand be less than 0 KW. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. • PRORATION OF UTILITY BILLS Billing for customer facility charge and demand shall be calculated on a 30-day basis and prorated for longer or shorter billing periods using the follodinq formula: • (a) Billing for the Customer Facility Charge shall be based f, - on 12 billings annually. • v' Formula: 1 Actual days in reading period x customer facility charge t 30 days PAGE 19 1 C , . , tr k # ip pin MWM r l i (h) Billing for the Demand Charge shall be based on 12 bill- ings annually. Formula: Actual days in reaciin Period x adjusted KW demand x Rate 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH consumption during the billing period. r Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge der KWH of energy taker, for fuel coat calculated in accordance with Schedule ECA. f } k. r. PAGE 20 ' ~ -1. . lit .t'y: iy ~ ~ .d4 .li~•[ ~r }[4'..~*r i ~-X' ~ [ _~'e.s{:~~~ .4..♦~itlt J;~ ~"_.''i 4~1 ~t,~jj I ,~~~y~rt~ 'ri: ,Yi,VA,,(... • SCHEDULE GI LOCAL GOVERNMENT (Effective 10/01/997) APPLICATION Applicable to any local City, County or School District for all electric service suppliad at one point of delivery and measured through one meter. Not_a~plicable to resale service in any event, nor to tempo- rary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1} Facility Charge Single Phase $15.15 / 30 days Three Phase $20.20 / 30 days (2) Demand Charge $ 6.31 / KW (3) Energy Charge 3.03< / KWH (4) Energy Cost Adjustment Current ECA Schedule i MINIMUM BILLING An amount equal to the demand charge as calculated below, but not less than fifty percent (502) of the maximum monthly demand charge for any month during the previous billing months of May through October in the twelve months ending with the current month, plus the applicable facility charge per 30 day billing period. TYPE OF SERVICE The City will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty 160} cycles i 3,1d at any standard voltages available from the City's distribution system through one standard transformation. Where service of the type desired by the customer is not already avail- able at the point of service, special contract arrangements between the City and the customer may be required. PAYMENT • • Bills are due when rendered, and become past due if not paid ' within 15 calendar days t'rom date of issuance. PAGE 21 j r ' s • 01 i DETERMINATION OF DEMAND The demand shall be determined by the KW supplied during the 15-minute period of maximum use during the current month as deter- mined by City's demand meter, but not less than 50% of the highest monthly actual demand determined during the billing months of May through Jct.ber in the twelve months immediately preceding the current month. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in reading period x customer facility charge 3D days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following ormula: Formula: Actual days in reading period x KW billed demand x Rate 30 days ENERGY CHARGE ) tl Billing for the energy charge shall be based on actual KHH consumption during the billing period. Formula: KWH x KHH rate r ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 22 •y,. • ..F' ~ i L..+ ff'I~J~ ~1~ 1, ♦ Y X ~ ' 1 hr . SCHEDULE LS STREET LIGHTING (Effective 10/01/97) APPLICATION Applicable to all street lighting owned and maintained by the City of Denton. NET MONTHLY RATE (1) Facility Charge See table (2) Energy Cost Adjustment Current ECA x Monthly Bulb Facility Charge Bulb Wattage Factor LS LSA 100 W Sodium Vapor $ 4.90 / 30 Days 48 KWH LSB 250 W Sodium Vapor $ 6.95 / 30 Days 105 KWH LSC 400 W Sodium Vapor $ 8.75 / 30 Days 159 KWH LM i LMA 175 W Mercury Vapor $ 5.65 / 30 Days 70 KWH LMB 250 W Mercury Vapor $ 6.10 / 30 Days 98 KWH LHC 400 W Mercury Vapor $ 8.50 / 30 Days 153 KWH LMD 1,000 W Mercury Vapor $15.45 / 30 Days 360 KWH TYPE OF SERVICE The City will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements • between the City and the customer may first be required. PAYMENT Bills are due when rendered, and become past due if not paid with-4n 15 calendar days from date of issuance. r I - PAGE 23 , I ,L % . ' ...ur.i..4JUiiY.it.a.~~4Rii.VMa~V.~wn.a-i.. r........ r~wr.-...~~.~~~~~♦. I PRORATION OF UTILITY BILLS a) Billing for the Facility Charge shall be based on 12 billings annually and prorated for longer or shorter periods using the following formula: Actual days in roadies period x k of lights per type x 30 days customer facility charge ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. I PAGE 24 ) rT ~l .''t : r r i I SCHEDULE LT TRAFFIC LIGHTING ~Effectlve 10/01%57) APPLICATION Applicable to State and Local Government agencies that operate and maintain their own traffic signals. NET MONTHLY RATE ! All KWH 5.30C / KWH TYPE OF SERVICE At the City's available secondary voltage and phase. PAYMENT Bills are due when rendered, and become pas*_ due if not paid within 15 calendar days from date of issuance. MAINTENANCE CHARGE Maintenance expenses billed at cost. SPEC117 'ACILITIES '.11 services which require special facilities in order to maet cu,eomer's service requirements shall be provided subject to the special facilities rider. ENERGY CHARGE Billing for the energy charge shall be based on actual KWH consumption during the billing period. Formula: KWH x KWH rate ENERGY COST ADJUSTMENT A charge per YwH of energy taken for fuel cost calculated in accordance wit:{ Scheduie ECA. PAGE 25 r d IV.,. I • i4 Sc9LDVLE LO i OTHER LIGHTING ` (Effective TOT/0-1797) LOA APPLICATION Applicable to State and Local Government agencies that install and maintain their own street lights, other than the City of Denton. BULB WATTAGE NET MONTHLY RATE FACTOR LS1 250 W Sodium Vapor 5.30- / KWH 105 KWH LS2 400 W Sodium Vapor 5.300 / KWH 159 KWH I,M1 400 W Mercury Vapor 5.30- / KWH 153 KWH LM2 1,000 W Mercury Vapor 5.301 / KWH 380 KWH LOS APPLICATION Applicable to other unmetered lighting services. NET MONTHLY RATE Total Watts x Hours used per Month KWH rate 1,000 TYPE OF SERVICE At the City's available secondary voltage anJ phese. PAYMENT Bills are due when rendered, and become past due -if not paid within 15 calendar days from date of issuance. • MAINTENANCE CHARGE Maintenance expenses billed at cost. SPECIAL FACILITIES i All services which require special facilities in order to meet t customer's service requirements shall be provided subject to the • special facilitieb rider. ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 26 tr • r- - • % Nit I . SCHEDULE DD DUSK TO DAWN LIGHTING (Effective 10/01/97) APPLICATION Applicable to any customer within the area served by the City's electric distribution system for outdoor area lighting when such lighting facilities are operated as an extension of the City's distribution system. NET MONTHLY RATE (1) Facility Charge See table (2) En_er Cost Adjustment Current ECA x Monthly Bulb Wattage Fac- tor Facflij Charge Bulb Wattage Factor DS:. 100 W Sodium Vapor $ 7.75 / 30 Days 48 KWh DSB 250 W Sodium Vapor $10.05 / 30 Days 105 KWH DSC 400 W Sodium Vapor $12.35 / 30 Days 159 KWH DHA 250 W Metal Halide $12.05 / 30 Days 105 KWH DHB 400 W Metal Halide $14.35 / 30 Days 159 KWH Restricted 10/1/97: DMA 175 W Mercury Vapor $ 6.45 / 30 Days 70 KWH DMB 250 W Mercury Vapor $ 7.50 / 30 Days 98 KWH DMC 400 W Mercury Vapor $ 8.35 / 30 Days 153 KWH TYPE OF SERVICE • The City shall furnish, install, maintain and deliver electric service to automatically controlled, mercury or sodium vapor , lighting fixtures conforming to the City's standards and subject to its published rules and regulations. r Where necessary for proper illumination or where existing ti•,. • poles are inadequate, the City will install or cause to be • • installed, one (1) pole for each installed light, at a distance not to exceed eighty (80') feet from said existing lines, at no charge to the customer. Each additional pole span shall not exceed a span spacing of one hundred (100') feet. Additional poles required to install a light in a customer's specifically desired location, and not having a light installed on same, shall bear the cost. PAGE 27 fi r ( PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. TERM OF CONTRACT A two (2) year contract shall be agreed to and sigred by each customer desiring Dusk-to-Dawn Lighting Service authorizing fixed monthly charges, which may be reviewed annually, and to be applied to the monthly municipal utilities bill. In the event that a cus- tomer desired the removal of the unit or discontinuance of the service prior to completion of two (2) years, the remainder of the contract period sha11. become due and payable. After the end of the initial two (2) year contract, service shall continue on a month- to-month basis and may be canceled by either party upon thirty (30) days notice. SPECIAL FACILITIES All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days ir, reading period x customer facility charge 30 days ff I, ENERGY COST ADJUSTMENT' A charge per KWH of energy taken for fuel cost calculated in F: • accordance with Schedule ECA. .ie!,' e, 6 k, s' I" PAGE 28 y ' a ~r % • ,,rs 1j5-fat x r.'• ~,ti' w~rT'~ti^1~}.f' ~r i se a. . I SCHEDULE DDL DOWNTOWN DECORATIVE LIGHTING_ (Effective 10/01/97) APPLICATION Applicable to any customer on the perimeter of the square ser- ved by the City's electric distribution system for outdoor area lighting when such lighting facilities are operated as an extension of the City's distribution system. NET MONTHLY RATE (11 Facility Charge $3.85 / 30 Days (2) Energy Cost Adjustment Current ECA x Monthly Bulb Wattage Factor, based on 415 KWH per Customer TYPE OF SERVICE The City shall furnish, install, maintain and deliver electric service to automatically controlled lighting fixtures conforming to the City's standards and subject to its published rules and regulations. The service is provided between dusk and midnight. PAYMENT Bills are due when rendered, and bccome past due if not paid within 15 calendar days from date of issuance. f SPECIAL FACILITIES fif All service which requires special facilities in order to meet {j the customer's service requirements shall 5e provided subject to special facilities rider. PRORATION OF UTILITY BILLS Billing for the Facility Charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: i Formula: f j Actual days in reading period x Facility Charge L' • 30 days ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 29 10 _1 t R ' SCHEDULE DGL DECORATIVE GROUND LIGHTING (Effective 10/01/97) APPLICATION Applicable to any customer using ground lighting served by the City's electric distribution system for outdoor area lighting. The customer owns, operates, and maintains the decorative ground lighting upon installation by the City of Denton. NET MONTHLY RATE (1) Facility Charge (Meter) $6.70 / 30 Days Facility Charge (Per Light) 50 W Sodium Vapor Beacon $ 2.15 / 30 Days 50 W Spot $ 1.70 / 30 Days 70 W Sodium Vapor Ballard $ 4.50 / 30 Days 100 W Sodium Vapor Ballard $ 4.50 / 30 Days (2) Energy Charge 3.79 cents / KWH TYPE OF SERVICE The City shall furnish and install light fixtures, and deliver electric service to automatically controlled lighting fixtures conforming to the City of Denton's standardr and subject to its i published rules and regulations. The service is provided between dusk and dawn. TERM OF_P_E_RLIGHT FACILITY CHARGES At the end of ten years, the facility charges per light will „ be discontinued. " 1 PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. INSTALLATION COSTS • • The installation costs will be calculated by the City. The customer is responsible for installation costs at City discretion. i i I 1 PAGE 30 t Repo 0 E, • SPECIAL FACILITIES All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. TERM OF CCNTRACT A ten (10) year cnntract shall be agreed to and signed by the customer desiring Decorative Ground Lighting Service authorizing fixed monthly meter charges, which may be reviewed annually, and to be applied to the monthly municipal utilities bill. The monthly per light facility charge will not change during the ter. I10) year contract period. In the event that a customer desired the removal of the unit or discontinuance of the service prior to completion of ten (10) years, the remainder of the contract period shall become due and payable. After the end of the initial ten (101 year contract, service shall continue on a month- to-month basis and may be canceled by either party upon thirty 00) days notice. . PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in reading period x customer facility charge 30 days 't t , PAGE 31 t , r k , v "Y .5--:~ ar SCHEDULE T1 TEMPCRARY SERVICE (Effective 10/01/97) APPLICATION Applicable when a customer requests electric service on a short term or temporary basis where a customer has received a permit from the City of Dentcn's Building Inspections DepartmAnt. This rate is not applicable after the certificate of occupancy has been issued. NET MONTHLY RATE (1) Facility Charge Single Phase $15.15 / 30 days Three Phase $20.20 / 30 days t (2) Energy Charge 6.776 / KWH (3) Energy Cost Adjustment Current ECA Schedule MINIMUM BILLING Facility Charge TYPE OF SERVIC_- At the City's av_ i~.le •condary supply. i ADDITIONAL TEMPORARY SERVICE CHARGES Labor (Regular Time; $60.00 minimur, up to 1 hour. $60.00 for each additional hour (to be mea- sured to the nearest one-quarter hour). • Labor (Overtime) $75,00 minimum uh to 1 hour. $75.00 for each additional hour (to be mea- sured to the nearest one-quarter hour). Premium time to La added where applicable., • Transportation To be billed by hours or miles, as 4 - applicable, according to the estimated f cost of operating the equipment. Material Material that cannot be salvaged to be billed at Stores cost plus 256 and applicable sales tax. PAGE 32 E Y. 01 d' f} . .fi r.'.~~ s y~ni:4.3 4'T lt} _i. ♦1 ..£n, [ ~ .V tr Material At the time a temporary service is re- moved or converted, any loss in the material installed due to negligence or willful action by the customer will be billed separately to the customer at replacement cost plus 25% and sales tax. SPECIAL FACILITIES All services which require special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. See Section 25-23(e) for standard re- quirements. PRORATION OF UTILITY HILLS Billing for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter periods using the following formula: Formula: Actual days in reading period x customer facility charge 30 days ENERGY CHAFGE Billino for the energy charge shall be based on actual KWH consumption during the billing period. Formula: KWH x KWH rate ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in + accordance with Schedule ECA. 1 PAGE 33 ' t War ,i i' j tiS. • r SCREDULH I+1 INTERRUPTIBLE PRIMARY SERVICE (Effective 10/01/97) APPLICATION Applicable to all customers taking primary service at a firm power load exceeding 1,000 KVA during the months of June, July, August and September and is, by contract, provided service subject to load interruptions. The City retains the right to limit the number of customers on this rate if the City's load reduction goals are met. NET MONTHLY CHARGE (Estimated Transmission Firm) (1) Facility Charge $ 70.70 / 30 days (2) Energy Charge 0.20¢ / KWH (3) Demand Charge $ 3.78 / KVA (4) Energy Cost Adjustment Current ECA Schedule MINIMUM BILLING An amount equal to the demand charge as calculated below but not less than one hundred percent (1000 of the maximum monthly KVA similarly determined during the previous billing months of May through October in the twelve months ending frith the current month, nor less than 1,000 KVA. TYPE OF SERVICE Interruptible primary voltage service (transformation equipmert owned by customer) is available to any customer with a 12-month minimum monthly demand of 1,000 KVA. or greater. Interruptible primary service rendered at one poirt on the customer's premises at a nominal voltage of 13,?R0 volts or 69,000 volts three-phase at the option of the utility. The primary voltage service customer shall own, operate, and xaintain all facilities necessary to receive three phase primary voltage service and all transformation facilities required for conversion to utilization voltage. The City shall own, operate - - and maintain all metering facilities, either at primary or • secondary voltage, at the Utility's option. Where the City elects to meter at secondary voltage, two percent shall be added to the demand charge, the energy charge and the energy cost adjustment charge to account for transformer losses. PAGE 34 i 1` 'l .r•'i ql ` I' j :III ~i 1. a~ ~ ~ a.t:.t, ~ YY • i .r... erl.r•.a.al a~scr~.: r. e_~ra agar ~._r.. r_ _ _ "..L_. f DETERMINATION OF DEMAND The demand shall be determined by the KVA supplied during the 15-minute period of maximum use during the current month as determined by City's demand meter, but not less than 1009 of the maximum monthly KVA similarly determined during the billing mont"is of May through October in the twelve months immediately preceding the current month, nor less than 1,000 KVA. SPECIAL FACILITIES All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: Formula: I Actual days in reading period x customer facility charge 30 days (b) Billirg for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Formula: i Actual days in reading period x KVA Demand x KVA Rate 30 days ENERGY CHARGE Billing for the energy charge shall be based cn actual Y,WH consumption during the billing period. Formula: i KWH x FWH rate ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule Er-A. PAGE 35 . - ^ J~ l 9 > • \ V V~,_ p. ~}i ~.4.r ~~}.t, ~r~rti(, ~ ~~t!~.+i~.,Y{- ~.~'~.F;r~7+,1=~ $"'~!y'~~'~, ~~`~+i7'~ 5 ~l Fr,' 5 3YS S ~~~`~'ii..'~~y}~ ~ !y ~ • SCHEDULE ES STANDBY, SUPPLEMENTARY AND MAINTENANCE SERVICE (Effective 10/01/97) APPLICATION Applicable in all areas served by the City to customers who: (1) own and/or oper=te an electric power generation facility mainly used for non-emergency uses and which has a total nameplate or effective capacity (whichever is lesser) of fifty (50) KVA or more in parallel with the City's electric system for the purpose of generating power for the customer's own consumption, and (2) employ equipment. which is compatible with the City's electric system at the customer's 'el.ve:v point and which will cause no damage to the City's electric system or equipment or present undue hazards to City personnel, and (3) own and/or operate an electrical generating facility which has been certified annually by a registered professional engineer practicing in the utility or Independent Power Production Industry to be a functioning and reliable generating facility. (4) operate an electrical power generating system at least 6,500 hours annually. (5) execute an agreement for interconnection and parallel operation with the City. INTERCONNECTION COSTS The customer shall reimburse the City for any equipment or facilities required as a result of the installation by the customer of generation in parallel with the City's electric system. The customer shall pay all costs of the City to extend its facilities or modify them at the time of interconnection, or at some future tine in order to permit parallel operation of the customer's facility. TYPE OF SERVICF. 0 e The City shall supply alternating current at sixty (60) cycles and at the voltage and phase of the City's electric system most ' available to the location of the customer. The primary voltage customer shall own, operate and maintain all facilities necessary to receive three phase primary voltage service and all transforma- tion facilities required for conversion to utilization voltage. PAGE 36 s '•',~„p y*L", 1 ,•.~•i 7 i 4~{, ~ ..'7 r'~<<I, J:k Cyw1 /t~y^~, ~~h1, ~"M1 h'J~ ~ ~ ~ ~ •r The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage, at the City's option. Where the City elects to meter at secondary voltage, the secondary energy and on-peak demand charges shall apply. NET MONTHLY PATE Primary Secondary Service Service (1) Facility Charge $60.(0 / 30 days $25.25 / 30 days 12) Demand Charges: On-Peak Demand $10.30 / KVA $10.30 / KVA Off-Peak Demand $ 3.80 / KVA $ 3.80 / KVA f3) Energy Charges: Non-Emergency inergy 0.20< / KWH 0.51C / KWH Emergency Energy 5.25C / KWH 5.35C / KWH (5) Ene:gy Cost Adjustment Current ECA Current ECA If the sum of the Customer Facility Charge, the On-Peak Demand Charge, and the Off-Peak Demand Charge is less than $1.00 per KVA of installed transformer capacity, $1.00 per KVA of installed transformer capacity will be the monthly charge. i MINIMUM BILLING The minimum monthly billing shall be the higher of the following: (1) The sum of tt.e Customer Facility Charge, the On-Peak Demand Charge, and the Off-Peak Demand Charge; or I (2) A charge of $1.00 per KVA of installed transformer t capacity. DETERMINATION OF ON-PEAK DEMAND The on-peak demand shall be determined by the KW demand ' supplied by the City during the fifteen (15) minute period of maxirtum use during the on-peak hours as recorded by the City's demand meter, out not less than one hundred percent (1003) of the • maximum on-peak demand which occurred during the billing months of June through September in the twelve 112) months immediately • preceding the current month. `i f r E PAGE 37 k, c •7% } a• DETERMINATION OF ON-PEAK DEMAND - COGENERATION UNITS NOT OPERATING AND CUSTOMER'S PEA:{ DID NOT CONTRIBUTE TO CITY'S ANNUAL SYSTEM PEAK If a customer's cogeneration unit(s) is/are off during peak hours, and the customer's peak, did not contribute to the City's annual off-peak demand, and the cogeneration unit is one (1) MW or larger, then the nameplate rating of the customer's unit(s) shall be deducted from the peak demand. The customer shall he charged the appropriate on-peak demand charges for the KW supplied by the City for the succeeding twelve (l2) months. DETERMINATION OF OFF-PEAK (SYSTEM) DEMAND The oft-peak demand shall be determined by the sum of the KW demand supplied during the fifteen (15) minute period of maximum use as recorded by the City's demand me':r, plus the KW nameplate rating(s) of the customers generator(s). In no event shall the off-peak demand be less than seventy percent (70%) of the maximum on-peak demand similarly determined during the billing months of June through September it) the twelve (12) months immediately preceding the current month. DETERMINATION OF NON-EMERGENCY ENERGY All energy supplied to customers whose generating units are less than one (1) MW capacity. DETERMINATION OF EMERGENCY ENERGY Emergency energy is all energy supplied by the City during peak hours of operation to displace energy normally supplied by customer's one (1) MW or larger unit. DEFINITION OF ON-PEAK HOURS The City's on-peak hours, for the purpo:,e of this rate sched- ule, are designated as being from 2:00 P.M. to 7:00 P.M. each Monday through Friday. CEFINITION DF OFF-PEAK HOURS The (_:Ly's off-peak hours, for the purpose of this rate sched- ule, shall be all hours not designated as on-peak hours. O SPECIAL FACILITIES - • O All services which tequire special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 38 ,t E' PRORATION OF UTILITY BILLS (al Billing for demand shall be calculated on a 30 day per f month basis and prorated for longer or shorter billing periods using the following formula: Actual days in reading period x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Actua_]. days in reading period x KW Billing Demand x Rate 30 days ENERGY CHARGE Filling for energy shall be based on actual KWH consumption during the billing period. Formula: KWH in rate block x Fate per KWH in rate block CREDIT FOR ENERGY DELIVERED INTO CITY'S SYSTEM DURING ON-PEAK HOURS - i If Customer-produced energy is fed back into the City's system during on-peak hours, an amount equal to fuel cost calculated in accordance with Schedule ECA, as applicable to such energy is credited monthly, provided that Customer has paid the City for necessary added metering, protective and other equipment as deter- mined by the City. ( CREDIT FOR ENERGY DELIVERED INTO CITY'S SYSTEM DURING OFF-PEAK f HOURS _ I If Customer-produced energy is fed back into the City's system • during off-peak hours, an amount equal to 70% of the billed ECA charge per KWH (for each KWH delivered back into the City's system) will be credited monthly, provided that Customer has paid the City for necessary added metering, protective and other ' equipment as determined by the City. ENERGY COST ADJUSTMENT • • a A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. 4 PAGE 39 Si, • ,c S • asr SCHEDULE Ar ATHLETIC FIELD (Effective 170797) APPLICATION Applicable to all electric service metered at one point for use to light specified areas for athletic events where such ele:trical use will not occur between the hours of 2:00 P.M. and 7:00 P.M. for the months of June through September. NET MONTHLY RATE (1) Facility Charge Single Phase $20.20 / 30 days Three Phase $30..'0 / 30 days (2) Energy Charge Billing months of June through September: 2:00 PM to 7:00 PM (Peak) 7.581 / KWH All Other Hours (Off Peak) 3.79< / KWH Billing months of October through Maw All hours 3.79C / KWH (3) Demand Charge Billing months of June through September: Peak (2:00 PM - 7:00 PM) $4.70 / KW All Other Hours (Off Peak) $1.11 / KW Billing months of October through May: All hours $1.11 / KW 1 (4) Energy Cost Adjustment Current ECA Schedule MINIMUM BILLING Facility Charge TYPE OF SERVICE At the City's available secondary voltage and available phase. For use only between the hours of 7:00 P.M. and 2:00 P.M. from June through September and all hours from October through May. ttF. PAGE 40 f s ' 4;, c }L 3 r -p ~ ' 4 SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter periods using the following formula: Formula: Actual days in reading pe_iod x customer facility charge 30 days Ib) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in reading period x KW demand x Rate 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH consumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken fer fuel cost calculated in C accordance with Schedule ECA. t i f F PAGE 41 • 'I TY_Y ~ w ~rv. l`JkJ f'~'~ - f'{~ ~S l'y/\ 1Cy~Ay9 i_' j , SCHEDULE IDR „ INDUSTRIAL/ECONOMIC DEVELOPMENT RIDER (Effective 10 01/97) AVAILABILITY This rider is available to the customers who receive service from Rate Schedules GSS, GSL, or TGS. APPLICATION This rider is available to electric service supplied at any one location. It is for firm electric service applicable to new and existing customers as described below, over a five year period. This rider is available to the following classes of customers: (1) New customers whose electric service represents demand not previously served by the City at any location in the City's service area in the last 12 months, where such metered demand will be in excess of 225 KVA or 200 KW, as estimated and mutually agreed upon by the Director of Electric Utilities and the customer. { (2) Existing customers served under Rate Schedules GSS, GSL i or TGS who increase their prior existing n,,tered demand by 225 KVA or 200 KW. This increase shali be verified by comparing a three month rolling average of the new level of demand to the prior demand averaged for corresponding months. During periods in which this verification method cannot be applied, the Director of Electric Utilities and the customer may develop a { mutually agreed upon formula to estimate the base and `h additional demand levels. NET MONTHLY RATE 1 i The customer shall be charged under the appropriate applicable rate schedules with the exception that the monthly billing demand (For GSS and GSL) or system demand and on-peak demand (For TGS) i will be adjusted in accordance with the following table: Reduction to Billing Time Period Demand or System Demand First Year 508 Second Year 408 r Third Year 308 Fourth Year 206 Fifth Year 108 CONTRACT PERIOD The trim of the contract will be for five years. PAGE 42 17- •t 1 cu. i', T ti i.jiir ~t}: -~~r/ ~'ji': s.Xfla fit. #'r,'yi 1~, ~=T,r •?II a tiVi 'k T b fzi. • • SCHEDULE 11PR APPLIANCE: REBATE (Effective 10/01/997) Application/Program Summary The City of Denton Utility Department is offering cash payments to customers who purchase and install high efficiency air conditioners or heat pumps in new or existing residential or commercial facilities. The program's objective is to reduce energy demand and con- sumption, thereby saving customers dollars on their utility bills and reducing the peak load of the City of Penton's electric system. Program Guidelines 1. All installations must be for accounts served by the City of Denton Utility Department and must meet all applicable national, local, and manufacturers' codes and specifications. 2. To qualify for a rebate, equipment must be new when in- stalled. 3. All equipment must be purchased. No leased or lease/ purchased equipment will qualify for a cash rebate. 4. Installations must be made by licensed contractors and/or dealers. 5. No rebate will be paid on a partial replacement of an air conditioner. The compressor, condenser and the evaporator coil must be replaced to qualify for a I rebate. 6. Payments for residential central cooling systems, wM ch „ • include apartments and mobile homes, will be limitec to a capacity based on a minimum of 500 conditioned square feet per ton. ! 7. The conditioned area in square feet is required on each residential central system request for payment. • 9. The rebate will be paid to the purchaser of the qualify- - ing equipment upon verification of compliance with • • program guidelines. 9. Requests for pay7cnt must be received by the Director of Elactric Utilities within 60 days of installation. PAGE 43 10. Equipment and installation are subject to inspection by the City's Building Inspection Department before final approval for payment is issued. 11. The Appliance Rebate Program guidelines and payments are subject to change without notice. 12. The Appliance Rebate Program may be discontinued without prior notice at any time by the City of Denton. I. GENERAL PROCEDURES A. Application To determine who qualifies for a rebate, an appli- cation for rebate must be completed and sent to the Director of Flectric Utilities within 6C days of installation of the equipment. Participating dealers have rebate application forms and will complete these forms for the purchaser. Ir is the purchaser's responsibility to see that the dealer completes the form and submits it to the Director of Electric Utilities. B. Inspections Installations of central systems will be inspected by the City's Building Inspection Department and f must be approved before rebates will be processed. ` C. Payments to Participants Cash payments will be made to the purchaser of the qualifying equipment. Participating retail equip- ment dealers will receive a cash payment of $20 per unit for the sale of window units, central air conditioning systems, or heat pumps to offset 4 their cost for properly filling out the applica- ! tions for purchasers. Program participants are • responsible for submitting the correct informa- tion. The Utility Department will not issue any additional payment unless the payment was i incorrect due to a nistake in processing by a City employee. The twenty dollar 1:20.001 payments to dealers . will be made only if they supply the qualifying % equipment to the customer or builder who is paying ♦ • for the installation of the equipment. Dealers and purchasers may be denied payment for failure to follow grogram guidelines such as: failing to supply correct square footage or SEER/EER figures; installing equipment ehich is not new; replacing part of a split system; or failure to fill out rebate forms properly. PAGE 44 S F Payments will be made to customers who purchase chase and install new qualifying equipment. If a tenant purchases and installs qualifying equipment, the payment is made to the ten.i,t. If the owner of rental property purchases and installs qualifying equipment, the payment is made to the -)wncr. If the purchaser of a mobile or custom home selects and pays for a qualifying unit, the purchaser will receive the rebate. II. CENTRAL ELECTRIC AIR CONDITION::RS AND HEAT PUMPS A. A new condensing unit sith an inside evaporator coil will qualify if matched, as specified, in the current issue of the ARI Directory of Certified Air Conditioners and Air Source Heat Pumps and the unit meets the minimum ratings as specified in the 1992 Appliance Rebate Program. If the unit is not in the current ARI Directory, the manufacturer's latest data approved for publication will be ac- cepted. If the unit is not in the current ARI Directory or data approved for publication, the average of the high and low SEER/EER coil only, not including blower coil, will be accepted as listed in the current ARI Directory. B. Computer simulations may be used if ratings are not listed in the current ARI Directory, provided the following criteria are met: l.Systems using mix-mat hod coils must meet all established prog?.m guidelines to qualify for a rebate. 2.The computer simulations must be signed, certi- fied, and dated by a r_eoistered profes- sional engineer and an officer of the company making the submittal. • 3.The engineer who certifies a simulation must attest to the accuracy of the input data,. the validity of the calculation procedure used, and that the results are in actor- dance with D.O.E. approved methodology. 1 4.A complete set of the input data and an indi- L cation of the source of the data muat ~r, • • accompany the simulated ratings. 5.The simulated ratings must be based on the con- densing unit's tested combination as listed in the current ARI Directory or latest data approved for publication and identified by the correct model numbers of both the PAGE 45 • • condensing unit and coil as listed in the current ART Directory. 6.Simulated ratings must not exceed 1058 of the SEER rating of the tested system used as a base. 7.An open file of computer simulations will be maintained at the Energy Management Office. Supplying erroneous ratings or data can lead to disqualification of those involved from further program participation. C. Program Capacity and Payment Formula 1.The maximum allowable BTU per hour capacity eligible for a residential rebate is deter- mined by dividing the square footage of the conditioned area by 500 and multiplying by 12,000. Example:The Program Capacity for a 1,500 square foot house is: 1,500 = 3.0 x 12,000 = 36,000 BTUH 500 The City will pay a rebate on a unit that meets program efficiency standards and is sized at 36,000 BTUH or less. 2. Actual payment will be determined by dividing the BTUH of the installed unit (up to, and including the Program Capacity) by 12,000 and multiplying by the incentive. The incentive amounts and SEER ratings are refer- encej on page 5 of the "1992 Appliance Rebate Program: Methods Used in Determining Equipment Efficiency and Eligibility," and are incorporated herein as if fully set forth at length: Example A: A person in a 1,500 square foot house installs a 30,000 BTUH central air conditioner with a SEER rating of 12.0. • 1,500 = 3 x 12,000 = 36,000 Program Capacity y ! ! 500 30,000 = 2.5 x 5100/ton = $250.00 Rebate 12,000 Amount 1 PAGE 40' ' h 'Ijj _.,i • Example B: A person in a 2,000 square foot house installs a 60,000 BTUH central air conditioner with a SEER rating of 12.0. 21000 = 4 x 12,000 = 48,000 Program Capacity 500 48,000 = 4 x $100/ton = $400 Rebate Amount 12,000 Example C: i, person in a 2,000 square foot house installs a 60,000 BTUH central heat pump with a SEER rating of 12.0. 2,000 = 4 x 12,000 = 48,000 Program Capacity 500 48,000 = 4 x $100/ton $400 Rebate Amount Minimum SEER/EER Central Air Conditioning Rating Incentive Single Phase (SEER) 12.0 $100 / tontt Three Phase (EER) 12.0 $100 / ton Centra: Heat Pumps Single Phase (SEER) 12.0 $100 / ton Three Phase (EER) 12.0 $100 / ton Room Air Conditioners 10.0 $ 50 / unit Rocm Heat Purr2s 10.0 $ 50 / unit Geothermal Heat Pumps 12.0 $500 / unit • Refer to "1992 Appliance Rebate Program: Methods Used in , Determining Equipment Efficiency and Eligibility" t For calculation purposes, one ton equals 12,000 BTUH ) b i PAGE 47 t~ f I SCHEDULE WM PREMIUM-EFFICIENCY MOTOR REBATE (Effective 10/01/97) APPLICATION/PROGRAM SUMMAQv The City of Denton Utility Department is offering cash payments to customers who purchase and install premium-efficiency motors and adjustable speed drives in facilities serviced by Denton Electric Utility. The program's objective is to reduce energy demand and con- sumption, thereby saving customers dollars on their utility bills and reducing the peak load of the City of Denton's electric system, thereby conserving energy and improving the power factor. PROGRAM GUIDELINES 1. All installations must be for accounts served by the City of Denton Electric Utility and must meet all applicable national, local, and manufacturers' codes and specifications. 2. To qualify for a rebate, equipment must be new when in- stalled. All equipment must be purchased; no leased or lease/purchased equipment will qualify for a cash rebate. Removed motors must be properly disposed of after inspection and not re-used with the Denton Electric Utility system. Method of disposal must be stated. 3. The City will pay the rebate to the purchaser of the qualifying equipment upon verification of compliance with program guidelines. 4. Equipment and installation are subject to inspection by the City's Electric Utility before final approval for payment is issued. 5. Replacement motors must be the same horsepower or lower than the original motor. Exceptions must be approved in i ~ writing by the City's Electric Utility. only motors 20 ' horsepower and above are eligible for the program. 6. All information must be complete on the Motor Rebate Application in order for a rebate to be issued (see Motor Rebate Application). • 7. The Premium-Efficiency Motor Rebate program guidelines and payments are subject to change without notice. This program may be discontinued with prier notice, at any time by the City of Denton Electric Utility. f PAGE 48 • • REBATE METHODOLOGY Rebates for the Premium-Efficiency Motor Rebate Program will be based on the following methodology: REPLACEMENT MOTORS: 1. The Denton Electric Utility staff will visit the site to determine the existing motors efficiency. If the existing motor is non-operational, an estimate will be made. 2. The customer must provide all information on the rebate application concerning the proposed motor purchase. 3. A new motor must not exceed the horsepower of the existing motor without express written consent by the Denton Electric Utility, which consent shall be given only if the utility finds an increajed efficiency. 4. The information concerning the existing and the proposed motors will be entered into the Motor Master software program to calculate the kilowatt (KW) or kilovolt amperes (KVA) savings yield. The calculation is based cn horsepower, efficiency, RPM, and load information. 5. The KW or KVA yield will be multiplied times the rebate incentive amount of $100/KW or $90/KVA: KW yield x $100 / KW or KVA yield x $ 90 / KVA 6. The Denton Electric Utility will to the site to verify installation, and following successful installation, a rebate check will be mailed to the customer. NEW MOTORS: New motors will follow the procedure outlined above fcr replacement motors but the efficiency comparison will be made against a standard new motor, to be determined by the Motor Master • software program used by the City, Department of Energy standards, j . or the Denton Electric Utility. i ADJUSTABLE SPEED DRIVES: The Denton Electric Utility will visit the customer site to determine KW/KVA savings from the proposed Adjustable/Variable • Speed Drive. Those savings will be awarded on a $100/KW or $90/KVA basis. A watt meter will be used before and after installation. • KW / KVA SAVINGS: j f , Rebates in excess of $1,000.00 require advance approval of the 4 Director of Electric Utilities. I PAGE 49 f SCHEDULE UPS UNINTERRUPT.'6LE POWER SUPPLY (Effective 10/01/97) APPLICATION Applicable to any customer who, by written agreement, receives service for an uninterruptible power supply for a computer or other electrical equipment. Uninterruptible Powe: Supplies provided by the City of Denton are of the standby type. NET MONTHLY RATE (1) Facility Charge: 0 - 300 Watts Uninterruptible Power Supply $ 7.80 / 30 days 301 - 700 Watts Uninterruptible Power Supple $14.90 / 30 days 701 - 1,200 Watts Uninterruptible Power Supply $31.85 / 30 days (2) Installation Charge $25.75 For any Uninterruptible Power Suppply other than above, the monthly customer charge will be based on the following formula: (1) Monthly Charge: 58 of Annual Maintenance Cost PLUS 12 months 6% Annual Return of Investment PLUS 12 months 88 Interest on a 5 Year Life TYPE OF SERVICE The City shall furnish, install, maintain an automatically • controlled alternating current power backup unit conforming to the City's standards and subject to its published rules and regula- tines. f PAYMENT Bills are due when rendered, and become past due if not paid j • within 15 calendar days from date of issuance. t 0 SPECIAL FACILITIES • All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. i PAGE 50 r I ,r ~ >F' Ai- s a PRORATION OF UTILITY BILLS h' )a) Billings for the Facility charge shall be based on 12 J' billings annually and prorated for longer or shorter t billing periods using the following formula: Formula: Actual days in reading period x customer facility charge 30 days f , i ~ j 4 PAGE 51 Y tk ni- ry _ • r • asi. e 1 1 4 ~ r ~ j T! i 1 1 SCHEDULZ ECA ENERGY CGGT ADJUSTMENT (Effective 10 O1 97) ENERGY COST ADJUS7MENT All monthly KWH charges shall be increased or decreased by an amount equal to "X" cents per KWH, to be known as the energy cost adjustment (ECA). The £CA shall be computed during the last month of each fiscal year quarter (December, March, June and September) to be applied to the quarter immediately following. The City shall in no case c;iange the energy cost adjustment more than once in any three (3) month period. The ECA shall be calculated using the following formulA: ECA a Projected energy cost for next quarter Projected KWH sales for next quarter In the event that actual plus estimated cumulative costs of fuel, variable costs of Texas Municipal Power Agency (TMPA) energy and purchased energy (excluding TMPA's fixed charges) are greater than or less than the actual and projected ECA revenues by $500,000 or more during the next quarter, the Director of Electric Utilities or his designate shall recompute the Energy Cost Adjustment and, with Public Utilities Board approval, may establish an ECA that collects or returns such difference over the next three month period. Such change in ECA shall be applied evenly to each month during the three month period. The above formula results in an October - December 1996 estimated ECA as follows: ECA = 2.00< / KWH 1 J I PAGE 52 r , ` ~ S 1. I~ f , I`r{`rr 1 I , SPECIAL FACILITIES RIDER I1) All service shall be offered from available facilities. If a customer service characteristic requires facilities and devices which are not normally and readily available at the location which the customer requests service, then the City shall provide the service subject to paragraph of this rider. (2) The total cost of all facilities reburied to meet the ; r" customer's load characteristics which are incurred i,v the City shall be subject to a special contract entered into between the Utility and the customer. This con- tract shall he signed by both parties prior to the City providing service to th customer. i i PAGE 53 '~.S ) i rat 'i ~~\i`-S ~ '~~✓i' • r 1 A 1 , x ~Ft » tJ ` ' ~.'_.+~{1l. 1 f~?' A. ' Ily l ~1r'• ~`y/ + TtiT~.1 ^t3: + AY/Il~~~l ' ~>•A~l,'•~ ):=~~n s-~ o 1 DISCOUNT RIDER FOR STATE UNIVERSITIES AND COIT•ECES {1) APPLICATION Service provided herein is applicable to electric service billed under the otherwise applicable tariffed rate for service supplied to a facility of a "four year state university upper level institution, the University of North Texas, Texas Woman's University or college" as provided in Section 2.2141, under Subtitle E, Title II, Public Utility Regulatory Act of 1995. (2) CREDIT TO MONTHLY BILL OR MONTHLY RATE Customer's monthly bill and/or monthly rate shall be in accordance with the applicable rate schedule s) in effect on July 1, 1997, shall be reduced by 209. "Base Rates" are defined as the sum of the following charges: the Facility Charge, the Cemand Charge, the Energy Charge and/or the adjustment for short/extended read cycles of the applicable rate schedules. Base rates do not include recovery of fuel and purchased energy costs, including, without limitation, energy cost adjustments (the ECA rate or its successors). All other charges and calculations in the rate schedule are unchanged. The rates initially established on July 1, 1997 by this Discount Rider shall be the maximum or ceiling rate charged to the University of North Texas ("UNT") and Texas Woman's University ("TWU") during the term of the seven year power supply agreement. If during the term of the power supply agreement any applicable tariffed "Base Rates" are reduced by more than 109, the discounted rates for UNT and TWU will be reduced such that the discounted "Base Rates" are always at least 101 below any tariffs that will otherwise be applicable to the universities. At no time shall tariffed base rate decrease cause the rate discount to the two universities 1 to decrease by more than 509 over the term of the power supply agreement. i PAGE 54 ~ r y • I SECTION II. That the Executive Director of Utilities is hereby authorized to expend funds t:o issue rebates to electric utility customers in the form and type set forth in Schedules APR, MTR and TS, as the use of more ^.fficient compressors, motors and thermal storage is in the best interest of the City of Denton, as such will reduce the peak load and conserve energy, which are public purposes of the City. SECTION III. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the City Coun- cil of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That the Schedule of Rates herein adopted shall be effective, charged and applied to all energy usage occurring on or after October 1, 1997; and a copy of said rates shall be maintained on file in the Office of the City Secretary. PASSED AND APPROVED this the day of 1997. I JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY ' F • BY': APPROVED AS TO LEGAL FORM: HERBSRT L. PROUTY, CITY ATTORNEY PAGE 55 • ~ iw~ ~ S Jti • A:\9SVC" C" Agenda No. L. Agtnda Item Date ORDINANCE NO. AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE 96-208 FOR WATER SERVICE; AMENDING THE CHARGES FOR TAP AND METES vEES; AMENDING THE UPPER TRINITY REGIONAL WATER DISTRICT (UTRWO) INTERIM TREATED WATER RATE (WW1) PER THE CONTRACT; AMENDING ORDINANCE 97-192 FOR WHOLESALE RAW WATER SERVICE TO UTRWD (WRW); PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Rate Schedules for water service as pro- vided for in Chapter 26 of the Code of Ordinances, are amended to read as follows: WATER RATE SCHEDULES PAGE WR Residential Water Service 2 WRE Outside Corporate Limits Residential Water Service 4 WC Commercial/Industrial Water Service Rate 6 WCE Outside Corporate Limits Commercial & Industrial 8 Water Service t WG Intra-Governmental Sales of Finished Water 10 WGI Local Government Sprinkler Irrigation Rate 12 WGA Local-Government Water Service for "Adopt-a-Spot" 14 WGU Intra-Governmental Sales of Untreated Water 16 WFH Metered Water from Fire Hydrant 18 • WWi Interim Treated Water/Raw Water Resale and Transmission 19 Service to Upper Trinity Regional Water District . WRW Wholesale Raw Water Service to Upper Trinity Regional 21 Water District • Water Tap and Meter Fees 22 ~ • • Special Facilities Rider 24 { i . moo wmwlo!~ y • • , SCHEDULE WR RESIDENTIAL WATER SERVICE (Effective 10/01/97) APPLICATION F,ppiicable for single family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than four units. Also applicable where the metered water is not returned to the wastewater system for collection and treatment, i.e. lawn s.,rinkler or septic system. Not applicable to resale, temporary, standby, or supplementary ser- vice except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Billie Per 30 Days 3/4" Meter $ 9.55 1" Meter $11.40 1-1/21' Meter $16.25 2" Meter $18.10 (2) Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTER SUMMER Billing months of Billinq months of NOV. through APRIL MAY through OCT. 0-15,000 gals $2.60 $2.60 15,001-30,000 gals $2.60 $3.50 • Over 30,000 gals $2.60 $4.35 j MINIMUM BILLING: Facility Charge PAYMENT E Bills are due when rendered, and become past due if not paid within r 15 calendar days from date of SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 2 • PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days _in reading~eriod x customer charge 30 days VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Gal. in rate block x rate per 1,000 gal. in rate block 1000 gallons 1 PAGE 3 e 11 - .urt... Jy 4 I lJ ! A F v. 46 • ' r i . t h I scBLDULE WRE OUTSIDE CORPORATE LIMITS RESIDENTIAL WATER SERVICE. (Effective 10101/571 APPLICATION Applicable for single family residential service, and individually t metered apartments or mobile homes or multi-family facilities with less than four units outside the corporate limits of the City of . Denton, with or without wastewater service. NET MONTHLY RATE f - I (1) Facility Charge Billing Per 30 Days 3/4" Meter $11.00 1" Meter $13.10 1-112" Meter $18.55 2" Meter $20.80 (2) Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTER SUMMER Billing months Billing months NOV through APRIL MAY through OCT 0-15,000 gals $3,00 $3.00 15,001-30,000 gals $3.00 $4.05 Over 30,000 gals $3.00 $5.00 MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within • IS calendar days from date of issuance. 1 SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the • special facilities rider. ~I PAGE 4 aIi_s Y. - = . r • i , ..J a , ) t le^,`I` to PRORATION OF FACILITY CHARGF. Billing for the Facility Charge shall be based on 12 billings f annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in reading period x customer charge 30 days VOLUME CHARGE Billing for the water consumption shall be baser- on the gallon consumption during the billing period. Formula: Gal. in Rate Block x Rate per 1,000 Gal. in Rate Block 1,000 gallons PAGES 5 • , r i} 1'3 ,~~.{n_4' nl~a}{}~!t4r '[1~~'r 4~~~ `{1~ yr Yi•__5 y.~1.~' KIM, I f SCHEDULE C COMMERCIAL/INDUSTRIAL WATER SERVICE RATE (Effective 10 01/97) APPLICATION Applicable to all commercial and industrial users, or other water users not otherwise classified under this ordinance, for all water provided at one point of delivery and measured through one meter. Also applicable where the metered water is not returned to the wastewater system for collection and treatment, i.e. water used in production or irrigation or where the wastewater flow is measured separately. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 3/4" Meter $ 20.20 1" Meter S 22.20 1-1/2" Meter S 25.75 2" Meter $ 31.65 3" Meter $ 66.25 4" Meter $122.50 6" Meter $153.00 8" Meter $178.00 10" Meter $214.00 (2) Volume Charge $2.87 per 1000 gallons . MINIMUM BILLINGS Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet f customer's service requirements shall be provided subject to the special facilities rider. i PAGE 6 1 r o' t , tit -T"2 n op PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in reading period_ x customer charge 30 days VOLUME CHARGE Billing for the water consumption shall be based on the consumption during the billing period. Formula: Gallons consumption x rate per 1,000 gallons 1,000 t PAGE 7 ' IL Xt "..R !'9 ir'lu- ya~',• t r4;~~.s 2 rn i G• " ' '~)l~.ty(~Yy~ `~Y y~~ •Xt:r \i1 3~~3,~'lt c~T tom: F~,/' Ilk 4. • SCHEDULF. WCE OUTSIDE CGRPORATE LIMITS COMMERCIAL INDUSTRIAL WATER SERVICE (Effective 10lD1I97) A_PPLICATION_ Applicable for all commercial and industrial users or other users not otherwise classified under this ordinance outside of the cor- porate limits of the City of Denton for all water service provided at one point of delivery and measured through one meter, with or without wastewater service. Not applicable to temporary, standby or supplementary service, except in conjunction with applicable rider. NET MONTHLY PATE (1) Facility Charge Billing Per 30 Dam 3/4" Meter $ 21.50 It, Meter $ 23.50 1-112" Meter $ 29.60 2" Meter $ 34.50 3" Meter $ 75.00 4" Meter $141.00 6" Meter $176.00 8" Meter $205.00 10" Meter $247.00 (2) Volume Charge $3.25 per 1,000 gallons MINIMUM BILLING: Facility Charge PAYMENT • Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the • special facilities rider. • ~ t ( I PAGE 8 t 1~: -....~-:.~ru.~..-.I"'IY.liYll~aY✓-t.0i'nMLY'.K:YV.a~Jr...~~._..~+-..._.~~:~..__-._~. ~.~~~un.'r~~.~...~~'. L PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings ann~oally and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in reading period x customer charge 30 days VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Gallons Consumption x Rate per 1,000 gallons 1,000 PAGE 9 ' C _:~at,. ; 4'. w S } i t F x~ }3ri f .r ~+'yNF~x 4"~ 1 ,1 t • M1 i - - - - .1 T,kf/-} - ..Y~ • r k ' i 1 SCHWULL WG INTRA-GOVERNMENTAL SALES OF FINISHED WATER (Effective 10/O1 97) APPLICATION Applicable to sales of finished water to all City of Denton Departments and accounts supplied at one point of delivery and measured through one meter. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Des 3/4" Meter S 14.85 1" Meter $ 16.60 1-1/2" Meter $ 20.55 2" Meter $ 27.85 3" Meter $ 57.15 4" Meter $ 95.00 6" Meter $127.00 8" Meter $149.00 10" Meter $214.00 (2) Volume Charge $2.81 per 1,000 gallons MINIMUM BILLING: Facility Charge PAYMENT Pills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES_ All services which require special facilities in order to meet • customer's service requirements shall be provided subject to the • special facilities rider. PAGE 10 i • r i , PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in readins_period x Facility Charge 30 days^ VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Gallons Consumption x Rate per 1,000 gallons 1,000 E M 4 ' f PAGE 11 ; s 1`fr~ 3 l J • ' a P. if, r I i SCBCDULL MGI LOCAL GOVERNMENT SPRINKLER IRRIGATION RATE (Effective 10/01/57) APPLICATION Applicable to sales of finished water for irrigation purposes to all local accounts supplied at one point of delivery and measured through one meter. Water will be provided on a non-interruptible basis or on an as available basis, interruptible as needed to meet Deak requirements. Not -pplicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) facility Chaff Billing Per 30 Days (A) Meter Charge 3/4" Meter $ 14.85 1" Meter 5 16.60 1-112" Meter S 20.55 2" Meter $ 21.85 3" Meter $ 57.15 4" Meter $ 95.00 6" Meter $127.00 8" Meter $149.00 (2) Volume Chime ` (WGNI Non-interruptible $2.81 per 1,000 gallons (WGI) Interruptible $2.40 per 1,000 gallons • t MINIMUM BILLING: Facility Charge I' PAYMENT 'r Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. L, SPECIAL FACILITIES ' J All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 12 k t Zll a-il fi PRORATION OF FACILITY CHARGE Billings for the Facility Charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the following formula: Formula: Actual days in re,.ding period x Facility Charge 30 VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption to be charged during the billing period. Formula: Gallons Consumption x Rate per 1,000 gallons 1,000 i k PAGE 13 i 'c SCHMULE WGA LOCE_L_ GOVERNMENT WATER SERVICE FOR "ADOPT-A-SPOT" (Effective 10Tl%9t) APPLICATION Applicable to sales of finished water to all local government ac- counts supplied at one point of delivery and measured through a meter with a quick coupler and hose bib for the Keep Denton Beautiful Board's Adopt-A-Spot program. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with appli- cable rider. NET ANNUAL PATE (1) Facility Charge Per Billing 3/4" Meter 5 9.55 I" Meter $11.40 1-112" Meter $16.25 2" Meter $18.10 (2) Volume Charge $2.81 per 1,000 Gallons MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet custom- er's service requirements shall be provided subject to the special facilities rider. i FACILITY CHARGE Billing for the Facility Charge shall be based on three billings annually in the months of October, April and July. t • ~ 0 PAGE 14 ([,Aid r VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Gallons Consumption x Rate per i,.^+Ov gallons 1,000 i u PAGE I5 i Mt: - - i SCHEDULE WGU INTRA_-GOVERNMENTAL SALES OF UNTREATED WATER (Effective 10/01/91) APPLICATION Applicable to all City of Denton Departments and accounts for untreated water supplied at one point of delivery and measured through one meter. Not applicable for resale except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge $154.00 per 30 days (2) Volume Charge $1.50 per 1,000 gallons MINIMUM BILLING Facility Charge ; PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet custom- er's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually • and prorated for longer or shorter billing periods using the following formula: r Formula: Actual days in reading period x customer charge a 30 days ~ • `VOLUME CHARGE ` a Billing for the water consumption shall be based on the gallon consumption during the billing period. ` PAGE 16 I l I■\IYr~~~ t ~ r`~01 3' III . i Formula: Gallons Consumption x Rate per 1,000 gallons 1,000 _ • I f, PAGE 17 ti s • r r ri 1~4~~n,~-•`s ors S.' jt" .}~4~ r~ J 7~ a !i ~r f 1 I rcHKDULE WFH METERED WATER FROM FIRE HYDRANT S.~fective 10/O1 971 APPLICATION Applicable for all water taken through a fire hydrant or other direct distribution line source at one location for private or commercial use not associated -pith fire fighting. DEPOSIT $680.00 per meter User shall place a deposit each time a City's hydrant meter(s) is requested. Deposit will be returned when meter is returned and final bill is paid. NET RATE Volume Charge: $2.8) per 1,000 gallons Monthly volume shall be compute by subtracting the beginning meter reading from the ending :neter reading divided by 1,000, and multiplied times the volur.,e charge, upon the monthly return of the meter ro the Water Department for reading. FACILITY O ARGE $32.50 per 30 days PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. r % PAGE 18r 11 • T • ~1~ R r~ 1~4• ~/~~.4 3 t~i~ , Y'~ij} ~ SJIT I.:I ~.l/ • rl 1 SCHEDULE WWI INTERIM TREATED WATER/RAW WATER RESALE AND TRANSMISSION SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT (Effective 1C-01-9~y APPLICATION Applicable to all interim treated and raw water sales and transmis- sion service to the Upper Trinity Regional Water District (UTRWD). Not applicable for temporary, standby, or supplementary service except in conjunction with applicable rider. MONTHLY CHARGES The monthly charge for all service shall be expressed as a total unit price per thousand gallons based on the following cost components: (1) Water Treatment Fee $ .51 per 1,000 gallons (2) Transmission Service Fee $ .12 per 1,000 gallons (3) Variable Treatment Charge $ .26 per 1,000 gallons (4) Variable Transmission Charge $ .04 per 1,000 gallons (5) Raw Water Charge $ .36 per 1,000 gallons Total Unit Price 5 1.29 per 1,000 gallons CPI-U Formula • The water treatment and transmission service fees shall be adjusted annually on or about October 1 of each year to reflect increases or decreases in costs according to the CPI-U (all items - U.S city average), using the last bimonthly index published prior to the adjustment. The adjustment shall be adjusted by multiplying the applicable fee times a fraction ti • (the CPI-'J Adjustment Formula), as follows: ~ • ~ Water Treatment/ , Current CPI-U Index x Transmission Previous CPI-U Index Service Fees PAGE 19 4 , t :A Variable treatment and transmission charges shall be based on the operating budget costs for the fiscal year for which the rates are applicable. Raw water costs for UTRWD shall be based on 858 of the rate charged by the City of Dallas to Denton for raw water purchases, as adjusted at the beginning of each fiscal year. PAYMENT ` Denton shall render bills on the tenth (10th) day of each month. Bills shall be due and payable when rendered. Sills are considered delinquent if not paid within 20 calendar days of the date a bill for service is rendered. There shall be a ten percent (10%) per annum interest charge on the amount due from the date when due until paid if not paid within 20 calendar days of the date a bill for service is rendered. • { r i , y PAGE 20 1 ;t SCMULE WM WHOLESALE RAW WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT (Effective 10/01/97) APPLICATION z Applicable to all raw water sales to the Upper Trinity Regional Water District (UTRWD) per the Interim Sale of Wholesale Raw Water Contract. MONTHLY CHARGES The monthly charge for service shall be expressed as a volume price per 1,000 gallons. Volume Charge: $0.3679 per 1,000 gallons EA'YMENT Denton shall render bills by the tenth (104h) day of each month. Bills shall be due and payable within 20 calendar days of the date a bill is rendered. BILL PAYMENT DELINQUENCY Bills are considered delinquent if not. paid within 20 calendar days from the date a bill for service is rendered. There shall be a ten percent per annum interest charge on the amount due, from the date when due until paid, if not paid within 20 calendar days of the r date a bill for service is rendered. 1 PAGE 21 • : ; lv ~ ,F-~S"{4 ~'e ,F1•~'"~'-'~. f!iS2 .~r't,~,{`',ti~~~ti ' ~ at f, k!~X{t ~~+a~ie~`iS ' ~V WATER TAP AND NETER FEES (Effective IO/O119i) APPLICATION This schedule applies to the installation, removal, or relocation of water taps and meters by the City of Denton utility department at the request of a person, firm, association or corporation. TAP AND METER FEES Any person, association of persons, or corporation that requests that a water main tap, water mater or water meter loop, be removed, installed, or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: WATER TAPS WITH METER Size of Tap and Meter Paved Street Unpaved Street 3/4 inch $1,000.00 $ 450.00 1 inch $1,200.00 $ 575,00 1/2 inch $1,600.00 $ 900.00 2 inch $1,800.00 $1,200.00 WATER TAPS WITHOUT ME'rER Size of Tap and Meter Paved Street Unpaved Street 2 inch $1,500.00 $ 400.00 WATER METER FEES Size of Loop 3/4 inch $ 280.00 $ 345.00 2 inch 112 inch $ 450.00 2 inch $ 580.00 1 WATER METER RELOCATIONS Size of Tap and :deter Relocation of 10 Feet or Less 3/4 inch $ 190.00 1 inch $ 225.00 1 1/2 inch $ 250.00 2 Inch $ 300.00 Sl ' PAGE 22 \ _ . T• - 4 ::mow 7a?z _`c L~r`~._c _ - ~'d~~in :ia_- _1. r _ r FEES FOR INSTALLATION NOT LISTED For installation of a tap, loop or meter for which a fee is not specified, the requestor shall pay in advance a deposit based upon the estimated cost of such installation, or similar work, plus an administration charge of 206. Upon completion of the installation or similar work requested, the applicant shall be billed at actual cost, as determined by the Utility Department, plus a 208 administrative charge. Any excess deposit shall be refunded to the applicant. j The installation charges may be waived by the Utility department for a reques' to install taps exclusively dedicated to fire sprinkler systems. ~ I I , PAGE 23 t,'+ 4:.' ~f ZJ[ ~ ~ f ~1 (4,y~Lr,r ~~f*,+J~Y r~•r ~ ~r ~I ; :L - • - ~ ~:~'yt~►, I~`'✓I'ti.-.1t ii.415JfK 4~:'ITY+JrIJ V'.~'~'~♦31'V~aa^~'~~ ~~i~~0~~' r'~`~; 1 SPECIAL FACILITIES RIDER All service shall be offered from available facilities. If a customer service characteristic requires facilities and devices which are not normally and readily available at the location at which the customer requests service, then the City shall provide the service subject to paragraph 2 of this schedule. The total cost of all facilities necessary to meet the customer's special requirements which are incurred by the City shall be subject to a special contract entered into between the City and the customer. This contract shall be signed by both parties prior to the City providing service to the customer. c 1 1 f PAGE 24 r 4 ~ ~ d r i r Cry s.~ c ~ 3•l ~ ~ ? S:i+. l: r r , Fs~~t, ~ tR1, ~ a ~i•i'~'r'> , '•~s.~1 SECTION II. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the City Coun- cil of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That the Schedule of Rates herein adopted shall be effective, charged and applied to all water consumption occurring on or after October 1, 1991; and a copy of said rates shall be maintained on file in the Office of the City Secretary. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • BY: r PAGE 25 k ' ~ - . _~..l;,Y i 11. ~ ~ y.~.f'? ice' r •~:i 'l~.'l~ , eke .k ~'vZ+tl~~`t ti}F+l y~xl'~i~35y Y...rL:. i $ 4 • _p q As\98Hw0R0.0RD Apstnd@ No. Apenda Item Date ORDINANCE NO. AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE 96-209 FOR WASTEWATER SERVICE; AMENDING ORDINANCE 97-052 FOR COMPOST AND WOOD MULCH SERVICE; AMENDING THE WASTEWATER TAP FEES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I,- That the Rate Schedules for wastewater service as provided for in chapter 26 of the Code of ordinances, are amended to read as follcws: W"TZWATER RATR BCRIDULSO E&U SR Residential Wastewater Service 2 SRW Residential Wastewater service to Users Outside 6 of Denton Corporate Limits With City of Denton Water Service Sc Regular Commercial/Industrial Wastewater Service 9 SCD Commercial/Industrial Wastewater Service With 11 Dedicated Water Meters SCW Commercial/Industrial Wastewater Service outside 13 City of Denton Corporate Limits with City of Denton Water Service SEP Restaurants i Food Service Wastewater Service 15 SES Equipment Services Wastewater Service 18 y€I SPT Commercial/ industrial Pretreatment Wastewater Services 21 SM Metered Wastewater inside/Outside corporate Limits 23 If • SG Intra-Governmental Wastewater Service 25 SGE Sale of Treated Wastewater Effluent to Municipal 27 Utility Customers SSC Wholesale Wastewater Treatment Service for a 28 Governmental Agency, Division or Subdivision CWM Compost and Wood Mulch 30 Wastewater Tap Fees 32 Special Facilities Rider 33 s 4 ON- • a r .r ACgEDULE SR (Effective 10/1/97) Avvr,tCATIQ?7 Applicable for single family residential service, and individually metered apartments or mobile homes or multi-family ffa wastewatecilities less than four (4) units. Also applivable without City of Denton water service. Not applicable for sub-billing or other utility bilJirog by service user in any event. N V TY OF (1) Facility Charge $6.20 / 30 days (2) Volume Charge $2.37 / 1,000 gallons effluent Except as otherwise stated in this schedule, wastewater volume is calculated based upon a historical winter Average Daily Usage, establ Feb ruary, and nbaased upon actualiwaling ter mconsumption dember uring hthose a ru rY months. The historical Average Daily Usage thus calculated establishes the wastewater volume charge for subsequent month, through the following February, unless t actual mom Daily Usage is lower than the historical Average Daily Usage. if, than the for any month, the actual Average Daily Usage is lower historical Average Daily Usage, then the actual Average Daily Usage will be used to calculate the wastewater bill for that month. For customers possessing insufficient water consumption billing history month's Usage, sconsumption, tied to establish a historical calculated based upon the Average to a fixed maximum volume. A. For customers with an established historical water consumption billing history for the preceding billing moncember through February, the Average Daily Usage applicable the following February shall be calculated at 98% of the current average daily water consumption for the preceding billing months of December through February, subject to the following exception: 1. R2J%itiaa ! c_a tio_r• If the current monthly Average Daily ing month Usage so calculated during any deviates it more than 2 of t by 5% • December, January, or February, the historical • • from the historical Average Daily Usage, Average Daily Usage calculated for the previous year plus J or minus 25% shall be substituted for the current daily usage in any such deviant month inbec ulcu atin 1Sanew weighted Average Daily Usage to through the following February. Page 2 k • r • S. For customers without an established historical Average Daily Usage, water consumption billing history for the preceding billing months of December through February, wastewater volume for each billing month through the following February shall be calculated at 98t of the actual water consumption for the month, subject to the following limitations: be 1. mFor the billing aximum wastewater ovolume of for billing purposesmshall t calculated based upon 981 of 6,500 gallons of water consumption. 2. For the billing months of December through February, the maximum wastewater volume for billing purposes shall be calculated based upon 981 of 30,000 gallons of water consumption. MrNIM3M BILLING WI H CITY OF DFN•f'oN WATER SERVICE Facility Charge VOLUME CHARGE WITH CITY OF DENTON WATER SERVICE With an established historical Average Daily Usage, billings through the following February shall be based on the average daily usage calculated for December through February using the following formulas. Formula: If current month (December, January, or February) Average Daily usage is within 25% of the historical average daily usage. Current Average Daily Usage x Rate per 1,000 gallons 1000 Formula: If current month (December, January, or February) Average Daily usage is not within 251 of the historical average daily usage. Historical Average Daily Usage +1-_25% x Rate per 1,000 gallons 1000 ' For customers without an established historical Average Daily • Usage, billings for months other than December, January or February • • shall be based on 981 of %ctual water consumption for the month, or J 981 of 6,500 gallons, whichever is less. Page 3 - Formula: The Lower of; Actual Water Consumption x 98k x Rate per 1,000 gallons 1000 Or, §-500 Gallons x 98' x Rate per 1,000 gallons 1000 For customers without an established historical Average Daily usage, billings for December through February shall be 98% of the actual water volume consumed for the month, up to a maximum of 30,000 gallons of water volume per 30 days. Formula: Actual Water Consumption x 98% x Rate per 1,000 gallons 1000 PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. S2ECIAi FACILITIES All services which require special facilities in order to meet cus- toner's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACMIITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formulae Actual days- in reading period x customer charge 30 days j NET MOt!THLY RATE---WITHOUT CITY OF DENTON WATER SERVICE _ SRI SRO • Inside Corporate Outside Corporate Limits Limits (1) Facility Charge $6.20 / 30 days $7.15 / 30 days (2) Volume Charge $2.37 / 1,000 gals $2.73 / 1,000 gals Page 4 ...t......~.v...,.._r-....~.~...nt.TS.µ.~.r+r'.r-r ~swrr r~rr-~wr~rrrr_•r_~..~rr.w-r.rr~nr.~r-+lw-.~~~... j I The customer shall pay a minimum volume charge on four thousand (4,000) gallons per month. MINIMUM BILLING - WITHOUT CITY OF DENTON WATER SERVICE The facility charge plus 4,000 gallons of wastewater VOLUME CHARGE - WI OUT CITY OF DENTON WATER SERVICE The billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Minimum Wastewater Volume x Rate per 1,000 gallons 1000 PAYBEiiT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance) SPECIAL FACILITIES All services which require special facilities in order to meet cus- tomer's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formula: Actual days in reading y>eriod x customer charge 30 days if G Page 5 a • :.f SCHEDULE SAW RESIDENTIAL WASTEWATER SERVICE TO USERS OUTSIDE CITY OF DENTON CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (Effective 10/1/97) APPLICATION ' Applicable for single family residential sewer customers, individu- ally metered apartments or mobile homes or multi-family facilities with less than four (4) units outside of the corporate limits of the City of Denton and also receiving water from the City of Denton. NET MONTHLY RATE (1) Facility Charge $7.15 / 30 days (2) Volume Charge $2.73 / 1,000 gallons Except as otherwise stated in this schedule, wastewater volume is calculated based upon a historical winter Average Daily Usage, established annually during the billing months of December through February, and based upon actual water consumption during those months. The historical Average Daily Usage thus calculated establishes the wastewater volume charge for each subsequent month, through the following February, unless the actual monthly Average Daily Usage is lower than the historical Average Daily Usage. If, for any month, the actual Average Daily Usage is lower than the historical Average Daily Usage, then the actual Average Daily Usage will be used to calculate the wastewater bill for that month. For customers possessing insufficient water consumption billing history to establish a historical Average Daily Usage, wastewater volume is calculated based upon the current month's water consumption, tied to a fixed maximum volume. A. For customers with an established historical water consumption billing history for the preceding billing months of December through February, the Average Daily Usage applicable through • the following February shall be calculated at 98% of the current average daily water consumption for the preceding billing months of December through February, subject to the following exception: 1. Weighting factor. If the current monthly Average Daily Usage so calculated during any winter billing month of • December, January, or February, deviates by more than 25% ` from the historical Average Daily Usage, the historical • • J Average Daily Usage calculated for the previous year plus or minus 253 shall be substituted for the current daily usage in any such deviant month in calculating a new weighted Average Daily Usage to b* used from March Page 6 1 . r • t through the following February. B. For customers without an established historical Average Daily Usage, water consumption billing history for the preceding billing months of December through February, wastewater volume for each billing month through the following February shall be calculated at 98% of the actual water consumption for the month, subject to the following limitations: 1. For the billing months of March through November, the maximum wastewater volume for billing purposes shall be calculated based upon 98% of 6,500 gallons of water consumption. 2. For the billing months of December through February, the maximum wastewater volume for billing purposes shall be calculated based upon 98% of 70,000 gallons of water consumption. MINIMUM BILLING Facility Charge 1]OLUMF. CHARGE With an established historical Average Daily Usage, billings through the following February shall be based on the average daily usage calculated for December through February using the following formulas. Formula: If current month (December, January, or February) Average Daily usage is within 251 of the historical average daily usage. Curren Average Daily Usage x Rate per 1,000 gallons 1000 Formula: If current month (December, January, or February) • Average Daily usage is not within 25% of the historical average daily usage. is Historical Average Daily Usage 25% x Rate per 1,000 gallons 1000 • For customers without an established historical Average Daily • • Usage, billings for months other than December, January or February shall be based on 98% of actual water consumption for the month, or 98% of 6,500 gallons, whichever is less. Page 7 i 4 E Formula: The Lower of; Actual Stater Consumption x 98% x Rate per 1,000 gallons 1000 Or, 6,500 callow 98% x Rate per 1,000 gallons 1000 For customers without an established historical Average Daily Usage, billings for December through February shall be 98% of the actual water volume consumed for the month, up to a maximum of 30,000 gallons of water volume per 30 days. Formula: Actual Water Consumption x 98% x Rate per 1,000 gallons 1000 PAYMLVT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILI= All services which require special facilities in order to meet cus- tomer's service requirements shall be provided subject to the special facilities rider. PRORATION F FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formula: Actual days in reading period x customer charge 30 days • `r f f Page a ~s • i . SQ}4~ERCIIIL 7~27~ INQU~TRIAL WASTEWATER SERVICE (Effective 10/01/97) RE -ULAR MMERCIAL BPPLICATIO Applicable to all commercial and industrial wastewater service users and to all wastewater service users not otherwise classified under SEPr SESr SPT, SCD, or SM listed herein. Also applicable to all commercial/industrial facilities not also receiving metered water service from the City of Denton, including sub-divisions, for apartments, mobile home parks, or other com- mercial/industrial users. The monthly charge for apartments and mobile home parks shall be based on the maximum number of units receiving wastewater service during the month. NET MON'•HLY ATE WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $16.20 / 30 days (2) Volume Charge $3.08 / 1,000 gallons effluent Billing based on eighty (80%) percent of monthly water consumption. MINIMUM BI LL ING Facility Charge VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume x .8 x Rate per 1,000 gallons 1000 SCH 1 NET • NTHLY RATE WITHOUT CITY OF nRMN WATER _§FRVTCFi SCI SCO Inside Corporate Outside Corporate t Limits Limits • • ! (1) Facility Charge $16.20 / 30 days $18.65 / 30 30 days (2) Volume Charge $3.08 / 1,000 gals $3.55 / 1,000 gals Minimum volume charge will be for four thousand (4,000) gallons per unit receiving wastewater service per month. { f Page 9 • .r • MINIMUM BILLING Facility charge plus 4,000 gallons wastewater per unit receiving wastewater service. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Minimum wastewater volume x Rate per 1,000 gallons 1000 SAMPLING/ANALYSIS CHARGE Sampling charge (each) $35.00 Analysis charge (per test) $15.00 PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACLL•ITIES All services which require special facilities in order to meet cus- tomer's service requirements shall be provided subject to the special facilities rider. PRQR,A~TION OF FACILITY CHARGE Billings for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formula., Actual days in reading period x customer charge 30 days • J Page 10 i. - - r' ~~a~rr Ilib4 ue_i. i~'_~~a{•~:A`4i iiaa .f:psi s~.\~~~ 1PZ~j~J _ • ' r t , sCH6DOLE sCD COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE WITH DEDICATED WATER METERS- (Effective 10/01/97) APPLICATLOLZ Applicable to all commercial and industrial wastewater service users and to all wastewater service users not otherwise classified under this Ordinance whose wastewater is measured by a peter dedicated to water which is returned into the wastewater collection and treatment system. Not applicable for sub-billing or other utility billing by service user in any event. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Davs 3/4" Meter $ 21.50 1" Meter $ 23.50 1-1/2" Meter $ 29.60 2" Meter $ 34.50 3" Meter S 75.00 4" Meter $141.00 6" Meter $176.00 8" Meter $205.00 10" Meter $247.00 (2) Volume Charge $3.08 / 1,000 gallons effluent Billing based on ninety-eight (98%) percent of actual water consumption. MINIMUM BI LL M Facility Charge P.9YlS= Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. All services which require special facilities in order to meet _ • customer's service requirements shall be provided subject to the • • special facilities rider. I I Page 11 F ~ .i t: _ • PRORATION OF CILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formula: Actual days in reading Period x customer charge 30 days VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Actual Water volume x .98 x Rate per 1,000 gallons 1000 s 1 r: k r Page 12 • '!:*.."a ~y(s j k }~V. S_,Li'L{.,`ri_~Eaf fd~. l+~~.r _A(f +l ' v..,. r :_1 1:1 i Mai • • SCHEME 8CW COMMERCIAL/ INDUSTRIAL WASTEWATER SERVICE OUTSIDE CITY OF DENTON CORPORATE LIMITS WITH CITY OF DENTON !SATE? SERVICE (Effective 10/01/97) APPLICATION Applicable to all commercial, industrial users or any other users of facility not otherwise covered under this ordinance outside the corporate limits of the City of Denton and receiving water and wastewater service from the City of Denton. NIET MONTHLY RATE (1) Facility Charge $18.00 / 30 days (2) Volume Charge $ 3.55 / 1,000 gallons Billing based on eighty (80%) percent of monthly water consumption. SAxatING/ANNALYS1S CHARGE sampling charge (each) $35.00 Analysis charge (per test) $15.00 INDUSTRIAL SURCHARGE In addition to the above charges for commercial and industrial ser- vices, there will be added to the net monthly rate an industrial surcharge based on the following formula: Surcharge Unit Cost Factor $0.00233/mg/l of Biochemical Oxygen Demand (BOD) $0.00200/mg/l of Total Suspended Solids (TSS) 1 Cu=VU ([Bu-250] B + [Su-250] S)) • Where: Cu is the surcharge for customer X. Vu is the billing volume per 1000 gallons for customer X. ' Bu is the tested DOD level for user X or 250 mg/1, whichever is greater. B is the unit cost factor for treating one unit i BOU per 1,000 gallons. fl ! Su is the tested TSS level for user X or 250 mg/l, • • whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. Page 13 11IN_IMUH BILLING Pacility charge PAYMENT Bills are due when rendered, and become past due if not paid within is calendar days from date of issuance. ,SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided sabject to the special facilities rider. PRORATION OF FACILITY CUKES Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formula: Actual dave in reading oeri2d x customer charge 70 days VOLUME CHAROF Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume x .8 x Rate per 1,000 gallons 1,000 • . . Page 14 (`c$k ~~e~i;::1. x~,h~af ~+3jt}~}tr'~ +tat a~j~r a}~ila -71 Al` • • SCHEDULE BEP SERVICE WASTEWAIER SERVICE (Effective 10101/97) APPLIC TA IOti Applicable to all restaurants and food service operations which prepare and serve food directly to customers and are categorized by Standard Industrial Code Numbers 5812 or 5813. NET MONTHLY RATE (1) Facility Charge $16.20 / 10 days (2) Volume Charge $ 4.25 / 1,000 gallons effluent Billing based on eighty (80%) percent of monthly water consumption. $AMPLING/ANALYSIS CHARGE Sampling charge (each) $35.00 Analysis charge (per test) $15.00 SEP EXEMPTIONS (1) Customers under the SEP rate shall be charged the SC rate if only prewrapped and preprocessed foods are served from their premises and no food processing is performed on the premises so that only minimal organic material is dis- charged to the sanitary sewer. The exemption for the SEP class shall be determined by the City of Denton Environ- mental Health Services Food Inspection Division. (2) Customers under the SEP rates shall be charged the SC rate plus the applicable industrial surcharge if the customer: (a) Installs a wastewater sampling manhole on the sanitary sewer discharge line; (b) Agrees to pay for the City to sample and analyze, • quarterly, the wastewater discharge for the following: Biochemical Oxygen Demand (BOD), Total Suspended 1 Solids (TSS), and Fats, Oils and Grease (FOG), based on the actual costs; and (c) Agrees to pay, based on the industrial surcharge for- mula, a surcharge on all wastewater discharged that is • in excess of 500 mg/l of BOD and 550 TSS as determined • • J by the monitoring performed in Section 2(b). MINIMUM BILLING Facility Charge Page 15 L f; • - 4 I INDUSTRIAL SCR HARD The industrial surcharge calculation that applies to restaurant and food services claiming the SEP exemption shall be based on the fol- lowing formula: Surcharge Unit Cost Factor $0.00233/mg/l of Biochemical Oxygen Demand (BOD) $0.00200/mg/1 of Total Suspended Solids (TSS) Cu=Vu ([Bu-500] B + [Su-550] S]) Where: Cu is the surcharge for customer X. Vu is the billing volume per 1000 gallons for customer X. Bu is the tested BOD level for user X or 500 mg/1, whichever is greater. B is the unit cost factor for treating one unit of BOD per 1,000 gallons. Su is the tested TSS level for user X or 550 ag/l, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITY CHARGE Billings for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formula: Actual days in reading period x customer charge 30 days i Page 16 VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: der volume x .8 x Rate per 1,000 gallons 1000 J { Page 17 r ~ • Y: ~r4. rr-- - •~a~ 'p,ita j~rtvq rl ,v Yyr vUVy UA'~ k~{ scumuLN sae n~li PM r. SERVICES vicrosviTrR Sr.RYICE ~ (Effective 10/01197) A PPL.I CATION Applicable to establishments which perform crashing, cleaning or servicing automobiles, by trucks, Numbers 5541, 7549aor are oategr-, Y 7542. NET MONT} :i '~LLZ (1) Facility Charge $16.20 / 30 days (2) Volume Charge $4.25 / 1,000 gallons effluent Billing based on eighty (80%) percent of monthly water consumption. (3) Pretreatment / Program Charge Categorical (30 days) $375.00 Noncategorical (30 days) $ 46.00 The appropriate Pretreatment/Program charge will be applied if the customer qualifies as either categorical or noncategorical. These charges are not to Na applied if the customer is not designated as either a categorical or noncategorical customer. SAMPLING/ANALYSIS CHARGE Sampling Charge (each) $35.00 Analysis charge (per test) $15.00 SES EXrKPTIM Customers under the SES rates shall be charged the SC rate plus the applicable industrial surcharge if the customer: (a) Installs a wastewater sr.mpling manhole on the sanitary • sewer discharge line; (b) Agrees to pay for the City to sample and analyze, quar- terly, the wastewater discharge for the following: Bio- chemical Oxygen Demand (DOD), Total Suspended Solids (TSS), and Fats, oils and Grease (FOG), based on the actual costs; and ♦ (c) Agrees to pay, based on the industrial surcharge formula, • a surcharge on all wastewater Discharged that is in excess of 500 mg/l of BOD and 60f TSS as determined by the monitoring performed in paragraph 2(b) of this section. Page 18 `sw w - ~TUixtM_BiLLING ' Facility Charge, plus the appropriate Pretreatment / Program Charge if applicable. INDUSTRIAL SLRCHA= The industrial surcharge calculation that applies to equipment ser- vices claiming the SES exemption shall be based or the following formula: Surcharge Unit Cost Factor $0.00233/O /genfDBi the ice Suspended $0.00200/mg/lof (TTotal SS) Solids Cu=Vu ([Bu-500] B + [SU-600] S]) Where: Cu is the surcharge for customer X. Vu is the billing volume per 1000 gallons for customer X. Bu 1s the tested BOD level for user X or 500 mg/l, whichever is greater. B is the unit cost factor for treating one unit of SOD per 1,000 gallons. Su is the tested TSS level for user X or 600 mg/l, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. MUM Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. coF_riii. FACILITIES All customer's services vice requirements special fcilities in order to meet • special facilities rider. ^QPATION OF FACILITY CHARGE he i prorated based onithbe based on 12 e following formula: Billings for the annually and hall Facility ~ O • sr*~~~+ d ys in r a ina ~eri,Qd X customer charge 30 days 1 1 Page 19 • C i VOLUME CHARGE billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water voi►Le x .8 x Rate per 1,000 gallons 1000 r: Page 20 t + r ~ 1 Yr('' ,o ~ ~S, ei 'r f I Nf tf rl.sj~! ~C} r senDULE OPT COM ERCTAL/INDUSTRIAL PRETREATMENT WASTEWATER SERVICF.~ (Effective 30/O1f97) APPLICATION Applicable to all major commercial and industrial customers subject to EPA Pretreatment criteria or such other commercial and industri- al customers that have the probability of discharging extra waste- listed on which may have substances in categorical pollutant their list, g which wastewater water MONTHLY CHARGE (1) Facility Charge $16.20 / 30 days (2) Pretreatrent/Prograa Charge a. Categorical b. Noncategorical $ 346.00 % 30 days (3) Volume Charge $ 3.08 / 1,000 gallons Billing shall be based on 80% of water consumption or 100% of actual metered wastewater. SAMPLING/ANALYSIS C_H&Rt$ Sampling charge (eachtest) $15.00 Analysis charge (per INDUSTRIAL SURCHARGE In addition to the above charges for commercial and industrial ser- vices, there will be added to the net monthly rate an industrial surcharge based on the following formula: Surcharge Unit Cost Factor $0.00230i3//mgnl of BiochOD)cal Demand ( $0.002Suspended fSoTotal lids (TSS) i Cu=VU ([BU-250] s [Su-250] sll Where: Cu is the surcharge for customer X. Vu is the billing volume per 1000 gallons for • Customer X. Bu is the tested BOD level for user X or 250 mg/1, whichever is greater. B is the unit cost factor for treating one unit of BOD per 1,000 gallons. Page 21 % i Su is the tested TSS level for user X or 250 nq/l, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. MINI TM BILLING Facility Charge, plus the appropriate Pretreatment / Program Charge. EBY!lENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. +ORA TON O r CI rmv ^ti1 E i PRETRErTILp-N7/PROGRAM CHARGE Billings for the Facility Charge and pretreatment/program charge shall be based on 12 billings annually and shall be prorated based on the following formula: Actual days in reading oeri4d x customer charge 30 days VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water vol ae x .8 x Rate per 1,000 gallons 1000 or Wastewater volume x Rate per 1,000 gallons r 1,000 ' 1 - Page 22 ~rdiNf i~ i'Y s • sC88GOLE OX rTgRgD {~ASTEFTATF-l2 INS DF/OU'T'SIDE CORPOBATE_Ll~SIT$ (Effective 10/01/97) arvt.ICATION Applicable to any wastewater service customer desiring to meter all wastewater discharge from a single customer location and not cther- wise classified under this ordinance. SRO NET MONTHLY RATE SMI Inside corporate outside Corporate _ Limits Limits (1) Facility charge $200.00 / 30 days $230.00 / 30 days (2) volume Charge $3.08 / 1,000 gals $3.55 / 1,000 gals (3) pretreatment/Program charge (A) Categorical (30 days) $375.00 (B) Noncategorical (30 days) $ 46.00 The appropriate Pretreatment/ Program charge will be applied if the customer qualifies as either categorical or noncategorical classi- fication. The categorical and noncategorical classifications are tbound customer is not designat d as c either a categorical orp if the non- categorical customer. D*INC/ANAL.YSIS CHABSE Sampling charge (each) $35.00 Analysis charge (per test) $15.00 In addition to the above charges, there will be added to the net monthly rate for commercial and industrial, an industrial surcharge based on the following formula: Surcharge Unit Cost Factor $0.00233/mg/l of Biochemical Oxygen Demand (BOD) Surcharge Unit Cost Factor $0.0020Su pendeof Total d Solids (TSS) • Cu+vu ([Bu-2501 B + [Su-250) S)) • • Where: Cu is the surcharge f customer l DO gallons for Vu is the billing volume per f ' customer X. Bu is the tested DOD level for user X or 250 mg/1, 4 Page 23 E i r. ..r ....u.'...v.Y.--...-.~.~._,,..,....w~~.err...u.,.~....-J....~~~r....r.r~.r~rr«.ra.~~._.... whichever is greater. B is the unit cost factor for treating one unit of BOD per 1,000 gallons. Su is the tested TSS level for user X or 250 m9/1, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. MINIMUM BILLING Facility Charge, plus the appropriate Pretreatment / Program Charge, if applicable. PAYMENT Bills are due when rendered, and Lecome past due if not paid within 15 calendar days from date of issuance. SPEgIAT, FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. tr ornuiTION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formula: Actual days in reading ceriod x customer charge 30 days VOLUXE-CHARG Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: k „ wastewater volume x Rate per 1,000 gallons 1000 t Y Page 24 i . ~ - i r f ''-~1 ~ ♦~Y i 1 ill`'v''L~j1 ~k'',~,~L~, c 'r Ipij r _N r,£l•: SCHEDULE so INTRA-GOVERNMENTAL WASTEWATER SERVICE (Effective 10/01/47) APPLICATION Applicable to all City of Denton Departments and agencies for all wastewater service. NET MONTHLY RATE (1) Facility charge $ 16.20 / 30 days (2) Volume Charge $ 2.73 / 1,000 gallons Billing shall be based on eighty (80%) percent of water consump- tion. INDUSTRIAL SURCHARGE In addition to the above charges for commercial and industrial services, a wastewater surcharge may be added based on the fol- lowing formula: Surcharge Unit Cost Factor $0.00233/mg/l of Biochemical Oxygen Demand (BOD) $0.00200/mg/l of Total Suspended Solids (TSS) Cu=Vu ((Bu-250) B + (Su-250) S)) Where: Cu is the surcharge for customer X. ff Vu is the billing volume per 1000 gallons for i customer X. j Bu is the tested BOD level for user X or 250 mg/1, II whichever is greater. B is the unit cost factor for treating one unit of BOD per 1,010 gallons. • Su is the tested TSS level for user X or 250 mg/1, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. MINIMUM BILLING Facility Charge • • t Page 25 - I. PAYMENT Bills are due when rendered, and become past dLe if not paid within 15 cale.idar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITYQjMGE Billing for the Facility charge shall be based on 12 billings annually and shall be prorated based on the following formula: Actual days in reading period x customer charge 30 dayEi VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume x .8 x Rate per 1,000 gallons Toro ; • Page 26 r s w i. 4.', ..wt'.y~ ~i~~, ~ 7~n I.~ }e ~ ;~~i'~%_~~,~ f T 1~~~ ~~S ~ ♦ ~ .-1~Y, In't*tti • f scsswls sas SALE OF TREATED WASTEWATER EFFLUENT TO MMICIPAL UTILITY CUS-T006 (Effective 30/1/97) APPLICATION Applicable on sales of b:eated wastewater effluent to any municipal utility. Not available for resale in any event. NET MONTHLY RATE (1) Facility Charge $110.00 / 30 days (2) Volume Charge $ 1.20 / 1,000 gallons MINIMUM! SILLIi Facility Charge PArJEts Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECI L FACIL•ITIBS All customeris aservice requirements shall cial facilities in order to meet special facilities rider. PRORATION OF FACILITY S ARG Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formula: • Actual aavs in reading ceriod x customer charge 30 days VOLUME CHARGE Billing for the wastewater volume shall be Lased on the effluent volune calculated during the billing period. • • • Formula: Effluent volume_ x Rate per 1,000 gallonr 1000 Page 27 I 1. • • • BCuBDOLN BBC WHOLESALE WASTEWATER TREATMENT SERVICE FOR A GOVERNMENTAL AGENCY DIVISIOI OR 6URnIVISION (Effective 10/01/97) APPLICATION Applicable to any municipal corporation, or other governmental and agency ontracts sudivision the which City of tDe ton wastewater wastewater titreatment service. NET MONTH (1) Facility Charge $180.00 j 30 days (2) Pretreatnent/Program Charge a. Categorical $375.00 / 30 days b. Noncategorical $ 46.00 / 30 days (3) Volume Charga $ 2.00 / 1,000 gallons of effluent Billing shall be based on one-hundred (100%) percent of actual gallons measured. Gl1~xJ►?•YSIS CH.iRGF C~A11P L111 Sampling Charge (each) $35.00 Analysis charge (per test) $15.00 MINIMUM SICCING Facility Charge I INDUSTRIAL SURCHARGE S in addition to the above charges for commercial and industrial ; services, there will be added to the net monthly rate an industrial surcharge based on the following formula: Biochemical Surcharge Unit Cost Factor $0.0022333/gmg/l oand chem • 50.00200/mgJ1 of Total • • Suspended Solids (TSS) Cu-Vu ((BU-250] B + (Su-250) S]) Where: Cu is the surcharge for customer X. Page 28 r Y` r vu is the billing volume per 1000 gallons for customer x. Bu is the tested BOD level for user X or 250 mg/1, whichever is greater. B is the unit cost factor for treating one unit of gOD per 1,000 gallons. Su is the tested TSS level for user X or 250 mg/1, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. FAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. cwRFrrAL All services requirements shall which require special facilities in order to special facilities rider. PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formula: actual days in reading period x customer charge 30 days VOL UIiE CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Wastewater volume x Rate per 1,000 gallons 1000 EFFECTIVE DATE The charges stated herein shall be applied to all wastewater services provided on or after October 1, 1997. , `J Page 29 "S jL • • SCHEDULE CWX CONDO T i WOOD MULCH (Effective 10/01/97) APPLICATION Applicable to any and all customers, whether residential, commercial, or wholesale, who elect to acquire the City of Denton compost and/or Wood Mulch for their use. ThE City of Denton reserves the right to restrict or limit the sale of compost or wood mulch to any customer at any time. MU Compost and Wood Mulch will be sold by volume on a cubic yardage basis, and are to be purchased in cubic yardage increments. Quantities will not be sold in volumes less than one-half cubic yard. A. Compost Per Cubic Yard $20.00 B. Wood Mulch Per Cubic Yard $10.00 PRODUCT AVAILABILITY The City of Denton produces compost ind stood mulch throughout the year in varying limited quantities. he City of Denton does not guarantee the availability of either product, and expressly reserves the right to restrict the sale ~r either product based upon available volumes. l k TYPE OF SERVICE Compost and Wood Mulch may be purchased on Wednesdays or Saturdays, exclusive of legal holidays, at the Pecan Creek Water Peclamation • Plant, located at 1100 Mayhill Road, Denton, Texas, during the hours of 8:00 AM - 5:00 PM. All compost and wood mulch sold will be sold in bulk, and will not be bagged or otherwise packaged. No , product deliveries will be made to any customer's site location at this time. E i S - All compost or wood mulch purchased wholesale, for resale to the public, is to be identified as a City of Denton manufactured info -mation purchaser the s retail provide o customer if it is product. The selling price wholesale requested. Page 30 0 • All custoeers will be required to provide payment at the City of Denton Customer Service Department, located at 215 East HcKinney, Denton Texas, prior to ivine yat mtphoest or w~ mulch ton Water submission of the payment recpt City Reclamation Plant office, the purchased product will be provided to the customer. • i i r~ }S} Page 31 t • F..,, v',ri .1; , !i rya 7 i( Ifv a i t. WUTUUZR TAP Pm (Effective 10/01/97) APPLICATION This schedule applies to the installation, removal, or relocation of wastewater taps by the City of Denton Utility Department at the request of a person, firm, association or corporation. TAP FEES Any person, association of persons, or corporation that requests a wastewater main tap be removed, installed, or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: WA6ILMATER TAPS WITH CLEANOUT Size of Tap Paved Street Unpaved Street 4 inch $1,350.00 $800.00 6 inch 1,450.00 950.00 8 inch 10550.00 11100.00 10 inch 1,700.00 1,225.00 FEES FO- T NOT LIST_E9 For installation of a tap for which a fee is not specified, the requestor shall pay in advance a deposit based upon the estimated cost of such installation, or similar work, plus an administration charge of 201. Upon completion of the installation or similar work requested, the customer shall be billed at actual cost, as deter- mined by the Utility Department, plus a 201 administrative charge. Any excess deposit shall be refunded to the customer. I i I f' • 1 + - - 10 Page 32 • A • • , BPEQ It ! CIL•ITM !IDEA (1) All service shall be offered from available facilities. If a customer service characteristic requires facilities and devices which are not normally and readily available at the location which the customer requests service, then the City shall provide the service subject to paragraph 2 of this schedule. (2) The total cost of all facilities required to meet the cus- tomer*s special requirements which are incurred by thn City shall be subject to a special contract entered into between the Utility and the customer. This contract shall be signed by both parties prior to the City providing service to the customer. • I Page 33 j f • tq'Y i}~ s' : J. > -,Ay fj r~ Y'/( .''fir { ~i~'r4' roc 4 71, I SECTION II. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court and affect the of competent jurisdiction, such holding orshall dinance not the City validity of the remaining portions of this Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. StiMTION Iii._ That the Schedule of Rates herein adopted shall be effective, charged and applied to all wastewater service accruing on or after October 1, 1997, F'xl a copy of said rates shall be maintained on file in the office of the city Secretary. PASSED AND APPROVED this the day of a 1997• JACK MILLER, MAYOR ATTEST: JENNIFER HALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORI BY: • Page 34 1 f '7 • : v, a r >':t , "a. AV, w•f1!ie~ • • Agenda No. 07- 2 Apend~ Item ' ORDINANCE NO. AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE 96-220, AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AMENDING THE CHARGES FOR RESIDENTI;kL SERVICE BY ADDING A DEPOSIT REQUIREMENT AND CHANGING NUMBER OF CUBIC YARDS OF YARD WASTE PICKED UP WITHOUT CHARGE, AMENDING THE RATES FOR COMMERCIAL DUMPSTER, OPEN TOP AND COMPACTOR SERVICE; AMENDING THE CHARGES FOR LANDFILL SERVICE; AMENDING MISCELLANEOUS SERVICE CHARGES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the charges for solid waste collection ser- vices as authorized by Section 24-42(b) of Article II, Section 24- 66 of Article III and Section 24-4 of Article I of Chapter 24 of the Code of Ordinances are hereby established as follows: SOLID USTE RATE SCMKDULSS ~i SWR Residential Solid Waste Collection Service 2 SWC Commercial/Institutional Solid Waste Collection Service 3 SWL Sanitary Landfill Use 8 SWY Commercial/institutional ^_ardboard Recycling 12 Service G I + 1 { I n _ --fr4 A""11-5-01M 01W • SCHLDVLL SHR RZSIDLNTIRL SOLID lG1S?L COLLLCTION SLRVICS (Effective 10/01/97) APPLICATION Applicable to individual family unit solid waste collection service. Individual family unit includes each side of a duplex, each living unit per subdivided lot, and any unit or living space in which a person or single family resides. MONTHLY RATE $12.90 per 30 days SURCHARGE (State of Texas statutory charge for landfill use) $0.10 per 30 days The surcharge referenced above is hereby authorized to be remitted to the State as required by law, and should the State Legislature increase this fee, such increase is hereby authorized to be charged and collected. MINIMUM BILLING $13.00 per 30 days OTHER CHARGES There will be no charge for the collection of bagged grass clippings and leaves, or brush and tree limbs which are cut and stacked in 4' lengths, if the combined grass/leaves/brush total volume is not over eight cubic yards per week. Any combination of grass, leaves, and brush is appropriate. • One cubic yard of grass or leaves equals 6 bags. Bagged grass and leaves over 8 cubic yards (48 bags) is t charged at 504 per additional bag. Brush and tree limbs over 8 cubic yards is charged at $5.00 per cubic yard for all cubic yards. • The charge for the collection of appliances is $10.00 per • appliance. A service deposit of $26.00 will be charged, if required for basic utility service. PAGE 2 f a • o' . f SCHEDULE SVC - COMMERCIAL/INSTITUTIONAL SOLID WASTE COLLECTION (£ffective 10 O1 97) APPLICATION Applicable for all commercial or institutional solid waste collection service. MONTHLY RATE A. DUMPSTEAS (Regular Service) 1. 2 YARD DUMPSTER (Existing 2 Yd. customers only'p Number of Times Cubic Yards Cubic Yards Rate Per Collected Per Week Per Week Per Month 300 Days 1 2 8 $ 32.15 2 4 16 64.20 3 6 24 96.25 4 8 32 128.40 5 10 40 160.45 6 12 48 192.55 2. 3 YARD DUMPSTER Number of Times Cubic Yard Cubic Yards Rate Per Collected Per Week Per Week Per Month 30 Dam 1 3 12 $ 38.00 2 6 24 76.00 3 9 27 114.00 4 12 48 152.00 5 15 60 190.00 6 18 72 228.00 3. 4 YARD DUMPSTER / r Number of Times Cubic Yards Cubic Yards Rate Per L Collected Per Week Per Week Per Month 30 Days 1 4 16 $ 43.40 2 8 32 86.80 3 3 12 48 130.15 j 4 16 64 173.50 I 5 20 80 217.00 6 24 96 260.30 PAGE 3 • r 4. 6 YARD DUMPSTER Number of Times Cubic Yards Cubic Yards Rate Per Collected Per WeeK Per Week _ Per Month _ 30 Days 1 6 24 $ 54.65 2 12 48 109.30 3 18 72 164.00 4 24 96 218.65 5 30 120 273.30 6 36 144 328.00 5. 8 YARD DUMPSTER Number of Times Cubic Yards Cubic Yards Rate Per Collected Per Week Per Week Per Month 30 Days 1 8 32 $ 66.20 2 16 64 132.40 3 24 96 198.60 4 32 128 264.75 5 40 160 330.95 6 48 196 397.15 The 2 yard dumpster service is only available to existing 2 yard dumpster customers as of September 30, 1997. New 2 yard dumpster service will not be offered to any customer. Existing customers receiv- ing 2 yard dumpster service that discontinue 2 yard service may not reinstate 2 yard dumpster service, B. D'JMPSTER SERVICE (Temporary) • Type of Rent Container Per 30 Days Service Charge 3 cubic yard dumpster $ 9.70 $38.00 per pickup 4 cubic yard dumpster 12.50 47.00 per pickup 6 cubic yard dumpster 16.25 61.00 per pickup • 8 cubic yard dumpster 19.00 70,00 per pickup • • PAGE 4 4 1. . • C. DUMPSTER SERVICE (Refill and Extra Pickup} Type of Container Service Charge 2 cubic yard dumpster $15.50 per pickup 3 cubic yard dumps ter 21.50 per pickup 4 cubic yard dumpster 28.25 per pickup E 6 cubic yard dumpster 37.50 per pickup 8 cubic yard dumpster 47.00 per pickup D. OPEN TOP CONTAINERS Type of Rent Container Per 30 Days Service Charge 15 cubic yard open top $53.00 $137.00 per pickup 20 cubic yard open top 66.00 164.00 per pickup 30 cubic yard open top 79.00 218.00 per pickup 40 cubic yard open top 100.00 272.00 per pickup E. COMPACTORS Type of Rent Container Per 30 Days Service Charge 6 cubic yard compactor $ 63.00 $ 62.00 per pickup 12 cubic yard compactor 121.00 122.00 per pickup 20 cubic yard compactor 159.00 160.00 per pickup 25 cubic yard compactor 192.00 183.00 per pickup 30 cubic yard compactor 236.00 207,00 per pickup i 42 cubic yard compactor 307,00 263.00 per pickup RASE MINIMUM COMMERCIAL CHARGE k • A minimum commercial customer charge of $15.00 / month will be I charged to all commercial customers. SHARED COMMERCIAL CONTAINERS Shared commercial containers will be limited on a cubic yardage basis to a minimum of 1 cubic yard per customer. The t • maximum number of customers with shared accounts per dumpster • size is as stated. 2 CY Dumpster - A maximum of 2 customers for a shared account. 3 CY Dumpster - A maximum of 3 customers for a shared account. 4 CY Dumpster - A maximum of 4 customers for a shared account. 6 CY Dumpster - A maximum of 6 customers for a shared account. 8 CY Dumspter - A maximum of 8 customers for a shared account. i PAGE 5 ` I • SPECIAL WASTE Rate Per Cubic Yard Disposal of "Special Waste" as $17.50 defined by the State of Texas Municipal Solid Waste Management Regulations. Acceptance of special waste is subject to Federal and State laws and regulations, and the City has the right to refuse to accept waste. SURCHARGE (SWC) An additional 3.5% charge will be assessed for each 30 day period (excluding rental charge) to compensate for the State of Texas surcharge for solid waste received at landfills. The City staff is hereby authorized to remit such charge to the State, and should the State Legislature increase this fee, such increase is hereby authorized to be charged and collected. OTHER CHARGES A delivery fee of $45.00 per container will be charged to all customers for open top containers and compactors. A delivery fee of $30.00 per container will be charged to all customers for temporary dumpster service. A relocation fee of $30.00 will be charged for each open top or compactor container that is relocated at the customer's site. A $25.00 fee will be charged for each request for same day pickup service for open top and compactor customers who receive pickup service upon demand. A pickup charge of $6.00 for commercial containers that are inaccessible, at the time of scheduled service. A $55.00 fee will be charged for container locks provided by the City of Denton. A charge of $400,00/30 days will be charged for precrusher ti' ~ rental. A deposit on Open Tops and Temporary Dumpsters will be charged based on 1/6 of the estimated annual billing amount or service contract. A minimum of once per week pickup service is required for putresible {food) waste containers. PAGE 6 OTHER CHARGES A charge of $17.50/cubic yard will be charges for whole trees and stumps delivered to the landfill. The charge for the collection of appliances is $10.00 per item. r t PAGE 7 - ` g f r,:'' ..r -fF • • SANITARY LANDFILL USE (Effective 10 01 971 APPLICATION Applicable to individuals and commercial entities that use the City's sanitary landfill site, with solid waste originating inside the city limits of Denton, Texas. RATES AND CHARGES: A. INDIVIDUAL USERS Charge Per Type of Vehicle Vehicle Per Load 1. Automobiles and station wagons, $ 8.60 pickup trucks less than one-half ton. 2. Motor vehicles with a carrying $ 30.10 load capacity of 2 cubic yards but less than 5 cubic yards such as one-half ton pickups. 3. P,.ckup trucks with side boards $ 86.00 and all other vehicles with a carrying capacity in excess of 5 cubic yards but less than 10 cubic yards. 4. Vehicles with carrying capacity $129.00 in excess of 10 cubic yards but less than 15 cubic yards. f 5. Vehicles with carrying capacity $172.00 in excess of 15 cubic yards but less than 20 cubic yards. 6. Vehicles with carrying capacity $258.00 in excess of 20 cubic yards but less than 30 cubic yards 0 7. Vehicles with carrying capacity $344.00 in excess of 30 cubic yards but less than 40 cubic yards. 8. Vehicles with carrying capacity $430.00 of 40 cubic yards or more. PAGE 8 y a~~wa~rrsuwOM • • APPLICATION Applicable to individuals and commercial entities who are not residents of the city of Denton or any customer with solid waste that does not originate from inside the city limits of Denton, Texas. RATES AND CHARGES: B. INDIVIDUAL USERS Charge Per Type of Vehicle Vehicle Per Load 1. Automobiles and station wagons, $ 17.50 pickup trucks less than one-half ton. 2. Motor vehicles with a carrying $ 61.25 load capacity of 2 cubic yards but less than 5 cubic yards such as one-half ton pickups. 3. Pickup trucks with side boards $175.00 and all other vehicles with a carrying capacity in excess of 5 cubic yards but less than 10 cubic yards. 4. Vehicles with carrying capacity $262.00 in excess of 10 cubic yards but less than 15 cubic yards. 5. Vehicles with carrying capacity $350.00 in excess of 15 cubic yards but • less than 20 cubic yards. i 6. Vehicles with carrying capacity $525.00 r in excess of 20 cubic yards but less than 30 cubic yards 7. Vehicles with carrying capacity $700.00 ` • in excess of 30 cubic yards but • • less than 40 cubic yards. 8. Vehicles with carrying capacity $875.00 of 40 cubic yards or more. PAGE 9~ • • • APPLICATION Applicable to customers who submit for deposit leaves, grass clippings, brush, trees, and stumps shall pay the following rates: RATES AND CHARGES: C. INDIVIDUAL USERS Charge Per Type of Vehicle Vehicle Per Load 1. Unbagged and uncontaminated No Charge leaves and grass. 2. Bagged and uncontaminated No Charge leaves and grass. 3. Any type or size vehicle No Charge with uncontaminated loads of brush in less than 6' lengths. 4. Any type or size vehicle $ 3.00 CY with uncontaminated loads of brush in greater than 6' lengths. 5. Any type or size vehicle $ 8.60 CY with contaminated bagged or unbagged leaves, grass, or brush of any length. 6. Whole trees and stumps. $17.50 CY 0. PRIVATE Ca24ERCIAL USERS e The City Manager may enter into contracts with private commer- cial collection service companies operating outside the city limits for regular use of the sanitary landfill site at the following rates: Residential and commercial $ 17.50/cubic yard or garbage $ 87.50/ton • J Rubbish (trash) $ 17.50/cubic yard or $ 87.50/ton Noncompactable residential and $ 17.50/cubic yard or commercial garbage $ 87.50/ton PAGE 10 : i~ `lib Yrc.c u~'~ 4sav I Y. • • Jr, i 1 D. PRIVATE COMMERCIAL USERS continued All such contracts may contain conditions of operation, dis- posal and delivery as the City Manager or his designee shall determine necessary for the efficient operation of the landfill site and the method of billing and collection for such use. E. TIRE CHARGES Charge Per Tire 1. Automobile tires not shredded, $ 4.00 quartered or halved. 2. Truck tires not shredded, $ 6.00 quartered or halved. F. SPECIAL WASTE Rate Per Cubic Yard Disposal of "Special Waste" as $17.50 defined by the State of Texas Municipal Solid Waste Management Regulations. Acceptance of special waste is subject to Federal and State laws and regulations, and the City has the right to refuse to accept waste. G. UNSECURED LOADS Rate Per Load Applies to solid waste load that $12.00 are not secured with a tarpaulin or other equipment that prevents material from spilling along and within the right-of-way of public access roads serving landfill site. i SURCHARGE (SWL) An additional 3.5% charge will be assessed to compensate for the State of Texas surcharge for all solid waste received at • landfills. The City staff is hereby authorized to remit such i charge to the State, and should the State Legislature increase • this fee, such increase is hereby authorized to be charged and collected. PAGE 11 ~....~r... C~ % • rSCREWLE 8M! COMMERCIAL/INSTITUTIONAL CARDBOARD RECYCLING_ {Effective 10 O1 97) APPLICATION Applicable to commercial or institutional customers that receive separate recycling service in dedicated recycling containers. MONTHLY RATE A. DUMPSTER RECYCLING SERVICE (4/6/8 YARD DUMPSTERS) Dumpster Rent Size Per Month Service 4 CY $0.00 $0.00 6 CY $0.00 $0.00 8 CY $0.00 $0.00 S. COMPACTOR RECYCLING SERVICE Type of Pent Container Per 30 Days Service Charge 30 CY $0.00 $0.00 42 CY $0.00 $0.00 After covering costs, cardboard zevertties are to be shared • with the customer on a 50/501 basis. r Pickups will only be made when the containers are full and require servicing. Cardboard boxes are to be broken down and placed in the containers to lay as flat as possible. Recy- cling services may be discontinued at the discretion of the Executive Dirtctor of Utilities, or his designee. { I PAGE 12` 5.. _ M w a r • • , LIMITATIONS Landfill permits issued by the City of Denton prior to the effective date of this ordinance may be redeemed for their face value. The customer must pay the difference between the current rate and the face value of the permit. The customer is not entitled to a refund if the face value of the permit exceeds the current rate. li 5 r.y. u sr. t. ....corr.-~aasoa £s r , , i a +S • • Solid Waste ntendent of the e ,F f10K~ That the Super] the us of of Denton is autEalse in format on regarding Department of the City roviding ustomers for the landfill to th ndividual or origination of the solid waste. the residency paragraph, SEC .q j ~ That if any section, subsection, lication sentence, clause, phrase, or word in this ordinance, or application the thereof to any person or circumstances is held g shall snot baffect an court thereof }uri inisdictng ion, such holdi ng competent validity of the rema portions of this ordinance, and the City f Denton, Texas, hereby dec Council oO the City o lares it would have enacted such remaining portions despite any such invalidity. SON I~ That this ordinance shall become , effective 1997. andoa I solid of said rates shall be maintainedfor,f ile oia the Office of the copy City Secretary 1997• APPROVED this the day of PASSED AND JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I APPROVED AS To LEGAL FORM: `f HERBERT L. PROUTY, CITY ATTORNEY 1 • BY: • 1 r f ~y It • i 4Jf . . ~ ~ >r ~ ~ r N SIS tra ,1-`. R'r 'L.. " _ ~ _ i . ~~~r• Ri- i , ti.' - i _.f :1~. r~tLS_....n.~?.=~ ~ y1{`.A~11 .).~y~ ~ .i S'• _ • • Apentlelio, / Apende Item Oate CITY OF DENTON, TEXAS XO WOODROW LANE DENTON TEXAS 7M • TELEPHONE (817) 3837543 ANIMAL CONTROL /CONSUMER HEALTH City Council Report To: Mayor and Members of the City Council From: Michael W. Jez, Executive Director of Operations Date: AuguFt 19, 1997 Subject: Ordinance Amending Article V, Sections 14-112 and 14-113 of the Code of Ordinances Relating to Public and Semipublic Swimming Pools RECOMMENDATION: Staff recommends adoption of the ordinance. SUMMARY: The ordinance allows us to adopt the state regulations for public and semipublic swimming pools and sets the fees for the annual health permit and pool manager's certification course. BACKGROUND: The consumer health division inspects public and semipublic swimming pools to • ensure that they meet the health and safety standards set by the City of Denton and State of Texas. Adoption of this ordinance will consolidate this authority to perform these inspections into one section of the Code and will provide an easy and ' effective point of reference for pool requirements for swimming pool operations and inspectors. • • • Pooked.wpd 'DvQuared to Quatlry Se+rics' ~ . • ~.---,.,-.ter'-- • ~ ' r • f Ordinance Amending Article V, Sections 14-112 and 14-113 FISCAL IMPACT: The ordinance provides for a $10.00 increase in cost of the pool manager's certification course. This increase is expected to result in and additional $870.00 in revenue annually. The ordinance also provides for a $30"00 increase in the annual permit tee which is estimated will produce an additional $3,060.00 in revenue. Please advise if I can provide additional information. Respvcfttly submitted: A X" 04 -#q WMCGAV. Executive Drr cior f Operations Prepared by: Nonie Malo-Ku)Kj Health Services anager • L' J Poaw&wpd Z f ~"y 4 • ` V It 'y }`l..jl rH ' ' 1 ov, • r aa„aoACUr f 1 ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ARTICLE V "PUBLIC AND SEMIPUB11C SWR&CM POOLS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY AMENDING SECTION 14-112 IMALLTH OFFICER INSPECTIONS" AND SECTION 14-113 lVtM TS TO OPERATE;" PROVIDING A PENALTY N 7P TO EXCEED $2,000. PROVIDING A SEVERABMM CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS: $ELMQN. That Section 14.112 "Heakh Officer Iropeotions" of the Code of Orfi moea of the Coy of Denton, Texts is hereby teoended to tad a ft w See. 14-112 Halo O(hkte Laspeetins. , The bmkh officer is auhmzed to conduct such mV*cb" as he doom neomwy to amore comianoe widt: (a) ad provisions of this snick and of the Denim City Code relating to Swimnimg Pools; (b) all provisions of Article VI "Swim * Pool Code" of chapter 28 of the Code of Otdintmoea of the City of Dauck Texas that relate to the mehanam grad operation of pools (c) all p wWom of Tetra A6midWadw Code Title 25. lieahh Servica" Pat I. Texas Dgmlmatt of Beakh Chapter 337 (Design Stadads for Pubic Sig Pool Corottuctiml a amended, that relate to the maintaranoe and operation of pooh; (d) alt provisions of Health sad Safety Code Title S. Sat" m and Errriron nwW Quality Subtkk A. Sanitation Chapter 341 (Nfinia n Staduda of SmitWm and HWM Protection), a atrrnded; (e) all prorisiom of Heshh W Safety Code, Title 9 Safely Subtitle A Public Safely Chapter 737 (Pool Yud Enclo>tnes), a unaided.. • and shall have the tight of airy at airy rasomble hour to the public a satoAk pod for this pffpox. I If suns be necessary, Chpten 337, 341 and 757 jefu oed shove am hereby adopted and incorporated herein a if copied in full h etwi. In ease of conffact between puaFt* (a) - (e) of tlis secticii; the more restrictive regulation shall apphy. • SFC7 fON II. That Section 14-113 "Pm*s To Operate" of the Code of OA mm of the • City of Denton, Taus, is hereby wwded by adding subsectiorn (c) ud (d) to read a k1lowv Ste. I4.113, hmks to Operate. ` (See Denton City Code for (a) and (b)) 3 ~ 4 • • i i (c) An accrual fee is hereby eatabWW for the dm of swimming pools is the amount Of $190.00 for each pod (d) A The is hereby established for the %stificasioo tae for a awbmb* P001 operator is the ammmt of $35.00 per student. SECTION That say pu= violating my pmviooa of this ordarnoe sha11, opera coavictiM be food a sum not ccceediig 52,000.00. Each day that a proviim of this orcfmassoe is violated &A oonsm to a sgwwo and distinct otbeose EWMN . That if any s C&A 0 60WM Paragraph, s % douse, phrame or word in thb ordimxk or "ficadw thereof to any pmw or dm moms is hold invdd by any flout of oorsspetent jtru&MM sorb hoidmg sha0 sot af" the Vsiidty of the tmsairio~ Patios of this ordnaoe, and the Csty Couoal of the Qty of Dad^ Taw hereby dedtres ft would have a ACA Ruch rig Portion del* any suds ievsi - SECTION V. That save and =opt M smwdW hereby, al the nctk m, ssotwoes, and damn of kd* V. section 14-112 and 14-113 of the Cade of Odnamms of the Cny of Damm% Texan sha remain in f sf force ad effect. SECTION VL That this ordimoe shelf become offecd" fpsrteeo (14) days fom the date of its Passage, mad the City Swdwy is hereby diatad to mm the capdoo of Wa ardrmwio to be puNidW twice in the Dw&d Record-Clrod* the o" newspaper of the Cmty of Dentoq Tess, within tm (10) days of the date of its possat PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR • ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: f - • APPROVED AS TO LEGAL FORM: • + HERBERT L. PROUTY, CITY ATTORNEY BY: t " x PAGE 2 , t • • rp~na~ No. '(1 9 Agenda fleet Date " R CITY OF DE'NTON, TMS aW WOODROW LANE DEMON, TEXAS 76205 a TELEPHONE (817) 383.7593 ANIMAL CONTROL /CONSUMER HEALTH City Councd Report To: Mayor and Members of the City Council From: Michael W. Jez, Executive Director of Operations Date: August 7, 1997 Subject: Ordinance Amending Section 13-22 of Chapter 13 of the Code of Ordinances Relating to Food and Food Establishments RECOMMENDATIONS: Staff recommends adoption of the ordinance. SUMMARY: This ordinance provides for: • A $30.00 increase in restaurant and grocery store health pertnit fees. • A $20.00 increase in the annual permit fees for day care centers. Fiscal year 1997-98 will be the first year of a three year phase-in to allow Consumer Health to become self-sufficient. ~ I r BACKGROUND: The city began its Consumer health program on October 3, 1988. Prior to that date, Denton County had provided these services. Since the onset of this program there have been two increases for restaurant and grocery store permit fees that L - • totaled $20.00. Day care businesses have seen a $10.00 increase in the permit fee • • in the last eight (8) years. t i • is Proposed Consumer Health Permit Fee Increase PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Foodservice business owners Consumer Health FISCAL IMPACT: It is estimated that: • A $30.00 incrrase of annual permit fees for grocery stores and restaurants will generate approximately $10,320.00 annually. • A $20.00 increase in day cart permits will generate approximately $640.00 annually. - Please advise if I can provide additional information. Respectfiilly submitted, 'cl ao Jeer 71 Executive. ' of Operations Prepared by: J Nonie Malo-Kul Health Services Manager • 2 t q _ T tj7t1V'•.1y ,'.,1 .1 S.l r Y~ iLi:te t: Y.^ ~ • t` i.:' ~r ~f4 _ ~ C 4. ~a=.. 1:_~.... .w, t -w~':.s _ l: :R i5- ~ 71.: 4•~Y.,'~ra•.~ A.\lOOD.R I i j ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AKEMMING SECTION 13-22 OF CHAPTER 13 'FOOD AND FOOD ESTABLISMENTSK OF THE CODE OF ORDINANCES OF THE CITY OF DENTONI PROVIDING FOR PMtMIT FEES FOR RESTAURANTS, GROCERY STORES, AND DAY CARS CEBTERSj PROVIDING A PENALTY NOT TO EXCEED $20000.00 PROVIDING A SEVERASILITY CLAUSES PROVIDING A SAVINGS CLAUSE= PROVIDING FOR PUSLICATIONj AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I- That subsection (a) of Section 13-22 "Permit Issuance" of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows: Sea. 13-22. Perait issuaaoe. (a) upon receipt of an application and payment of the applicable fee, the health officer shall make as inspection of the pre- mises where the business is to be conducted. if the premises comply with the terms of this article and with all require- ments of the zoning ordinance, other ordinances and state law, a permit shall be issued to the applicant upon payment of the permit fee. An applicant shall subsit the applicable permit fee as set forth in the following table before a permit will be issued: For a Restaurant: !Number of Employees Amount 0-5 $105.00 6-10 125.00 11-15 145.C0 16-20 165.00 • 21-25 200.00 26-30 220.00 31-35 240.00 36-40 260.00 41 or more 270.00 For a Grocery Stores Number of Employees Amount 0-5 $105.00 6-10 125.00 11-15 145.00 16-20 165.00 f • , • • 21-25 200.00 26-30 220.00 31-35 240.00 35-40 260.00 41 or more 270.00 For each Day Care Center: Sixty-five dollars ($65.00) plus one dollar ($1.00) per child of licensed capacity. For a seasonal establishment: Twenty-five dollars ($25.00). For a temporary establishment: Ten dollars ($10.00). A temporary food service establishment which operates more than once during any consecutive twelve-month period shall pay a permit fee for each separate period of operation. QgCTION II. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SRGTION 111. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That save and except as amended hereby, all the sections, sentences, and clauses of Section 13-22 of the Code of Ordinances of the City of Denton, Texas Shall remain in full force and effect. SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary • is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1997, c J JACK MILLER, MAYOR PAGE 2 {K, , of t ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEM PORK: HERBERT L. PROVTY. CITY ATTORNEY BY: t/fJ( c r L PAGE 3 ' _ . ....c_ v r:.. 1 ~ ; 1, `F ~{Yy~' } 'til 'a v n.. 3' + r z+'ti~ 1112 ~0.11 • Agamda No. 'D3g Agenda Item . Date f~ i CITY of DENTON, 'Exg :1UN10PAL BUILDING 215 E MCKINNEY DEN TON, TEXAS 76201 (817) 566.8200 " DFW METRO 434.2529 CITY COUNCIL REPORT FORMAT DATE: August 29, 1997 TO: Mayor and members of the city Council FROM: Michael W. Jez, Executive Director of operations r RE: Park Facility Fees RECOMMENDATION: The City Council is asked to approve the subject ordinance which raises rental fees for the use of the Civic Center and establishes a new site reservation fee at all city-wide parks. S~1 R Fees for rental of the Civic Center will increase $30 per hour/$300 per day for non-profit renters and $40 per hour/$400 per day for all other renters, site reservation fees will be charged for the exclusive use of picnic shelters and specified areas of the three "City-wide" parks - South Lakes, North Lakes and Civic Center. The new fees will be implemented beginning October 1997. BACKGROUND: Staff was directed to draft the subject ordinance for the Council's consideration at the September 2, 1997, meeting. • PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation Department and park users. FISCAL IMPACT: A total of $12,750 in additional revenue is projected for FY 1997-198. RESPECTFULLY SUBMITTED: " '00 J/1 of Aogg,14 h e ez, eb6afive Director o Operati s "Dedicated to Quality Service" r'L ltv~. _ _ 3..•cl:~~..~.i Lieu„tiybas i Prepared by: Ed Hodney, D rect Parks and Recr ion Department i 'f G. ti i o» • - ' r. ^ 3.~ +'3."'i '<<y' r es4l i f try r~ . "C i. 'WS' x r +.,,.L ail • • Parks and Recreation Park Board July 21, 1997 American Legion Hall I Members present: Doug Chadwick, Annie Burroughs, Gwendolyn Carter, Tom Reece and Bu.i;ley Harkless. Staff present: Ed Hodncy, Janet Simpson, Janie McLeod and Ricky Petty. III Others present: Don Edwards Gmirman Doug Chadwick called the meeting to order at 6:00 p.m. Chadwick welcomed in- c )ming Board Member Don Edwards. Awards and Recognition. Hodney recognized David Denton, pool manager, for winning third place in the State Life Guard Competition. Approval of Minutes. The minutes of the June 16th meeting were approved with a motion made by Burroughs and seconded by Reece. DISCUSSION ITEMS Civic Center Park Master Plan. Hodney reminded the Board that the firm of Ford, Powell and Carson has been retained to do a master plan for the Civic Center Park. Petty reviewed the three options recommended from the Master Plan Committee to the architects: 1) bury the drainage channel; 2) in keeping with O'Neil Ford's concept, construct check dams along the drainage way; and 3) fill the drainage area with a take and make it a larger pat of the park. Petty reviewed the rendering of the park that showed: formal entry into the park, walkway around the perimeter of the park; removal of the County Building and a more open entrance to the park; new amphitheatre; connect entranceway with TWU campus pastoral look - open meadows. Petty emphasized that the completion of the park could take 2040 years and that this could be a legacy for our children and grandchildren. Hodney said that the Board would not need to take action at this meeting but a recommendation would be needed from the Board after comments had been gathered from the public meetings. • Hodney, said the local newspaper agreed to run a major feature and text for each of the options. The articles will be ran around the second week of August; and the consultants will return to Denton the end of August. The newspaper articles will assist with public awareness as to tlx dates and locations of the meetings. ACTION ITEMS t 1997-'98 Proposed Budget. Hodney requested this item be tAbled until items B dr C had bees discussed, I 1 i 1 a M, MMI r Parks & Recreation Board July 21, 1997 Page 2 Proposed Increase in Civic Center Building Fees. Simpson said that at the June 16th meeting, staff presented proposed increases in Civic Center building fees. Simpson said that Board approval is required for increases in fees for the General Fund. Changes to the Civic Center fee structure includes a $5.00 per hour and a S50.00 per day increase for facility rentals. In addition, the fee for police security for an alcohol rental will increase by $2.00 per hour. Action: Burroughs moved to concur with the proposed increase to fees and charges for the Civic Center. Carter seconded the motion and it was approved unanimously. Proposed Site Reservation Fees. Hodney said that staff proposed having a site reservation fee. fie stated that presently, park picnic shelters, the garden and courtyard in Civic Center Park may be reserved for private and exclusive use without a charge. Hodney said that of 30 cities, 24 assess fees ranging from $10 to $100 or more, depending on the number of persons in a group. Also, some cities assess a refundable damage and clean-up deposit. Hodney said the facilities would be available to the public at oo charge if not already reserved. Burroughs asked if there is a minimum/maximum reservation time. Hodney said the maximum time would be for four hours. Reece asked if reservations could be made for longer period of time. Hodney said prorating the costs could be considered. Chadwick asked not to have a lot of signs posting regulations, but have a reservation sign saying to contact Parks and Recreation for reservations. Action: A motion made by Burroughs and seconded by Reece to approve staff's recommendation that the Board concur with the proposed site reservation fees. Motion was approved unanarniously. Endorsement of the Concept of a Family Aquatic Center. Simpson said that a concept study had been completed in April for a family aquatic center. Simpson requested a recommendation from Board for the presentation to Council. Reece requested that thought be give to a contingency plan if for some reason the center was not successful; Hodney concurred with Reece's observation. O Action: Burroughs moved that the Parks and Recreation Board formally accept Mr. ffarralson's final report and endorse in concept the development of a revenue based Family Aquatic Center. Reece seconded the motion and it passed unanimously. 1997-'93 Proposed Budget. Hodney reported that it has been indicated that maintenance will be addressed in the Parks and Recreation Budget. Burroughs asked if a statement could be made O f O { to Council to continue and expand the I.M.A.G.I.N.E. program. J 2 i " • ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 91-055, AS AMENDED IN ACCOR- DANCE WITH SECTION 22-28 "FACILITY AND PROGRAM FEES" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE NEW SITE RESERVA- TION FEES FOR THE O'NEIL FORD MUNICIPAL COMPLEX AND PICNIC SHELTERS IN NORTH LAKES AND SOUTH LAKES PARKS AND TO INCREASE FEES FOR THE USE OF THE CIVIC CENTER BUILDING; PROVIDING A SAVINGS CLAUSE; PROVID- ING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHERFAS, the City Council dcerns it in the public interest to increase fees for certain City facilities and to provide a new site reservation fee for facilities in the O'Neil Ford Municipal Complex, as well as the picnic shelters at the North Lakes and South Lakes Parks; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That in accordance with Section 22-28 "Facility and Program Fees" of the Code of Ordinances of the City of Denton, Ordinance No. 91-055, as amended, is hereby amended by changing subsection C "Civic Center" and adding a new subsection I to read as fol- lows: C. Civic Center. Rental of facilities in the building - (a) ran-profit, S30.00; (b) all others, 540.00 per hour Full day rental fees for rent of the building - (a) non-profit, $300.00 per day; (b) all oth- ers, $400.00 per day 1. The following fees are hereby established for exclusive use of the garden area and court- yard in the O'Neil Ford Municipal Complex, as will as the picnic shelters at North Lakes and South Lakes Parks: CLEANING NUMBER OF PERSONS F EM PQQ51T i Individual/Non-Profit Commercial (Refundable) Under 25 persons' S15 S30 so 26-50 persons 25 50 25 51-100 persons 35 70 35 • • 101 or more persons 40 80 40 Any party may use these facilities without charge, on a first-come first-scrve basis. , However, a party with a paid reservation for exclusive use shall be given priority. Non- residents may exclusively rent park facilides at 150°/. of the above rates, i / i i tip. h J r . ' • r • fa t 1 SECTION IL That save and except as amended hereby, all the provisions, sections, sub- sections, paragraphs, sentences, clauses, and phrases of Ordinance No. 91-055 as amended shall remain in full force and effect. To the extent changed hereby, all previous ordinances establish- ing fees for the above-mentioned facilities are hereby repealed, but only to the extent of the changes in this ordinance. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity. SFCTION I V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 11997• JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • i { BY: G' t' • • i~ E Page 2 K:. ! b - AQMtla N0. ~i Agenda Item Date CITYOFDENTON. TEXAS FkrenceDeperhnent 215E McKkwwy Wton• as 67 201 j ToMphone (940) 34"288 • DFW Metro 19721434.2529 FAX 19401349-7789 t t MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Kathy DuBose, Assistant City Manager of Finance i t " DATE: August 28, 1997 t SUBJECT: APPROVAL OF 1998 HOTEL OCCUPANCY TAX RECIPIENT BUDGETS Please find attached resolutions approving the 1997-98 budgets of the following organiulion s to spend hotel occupancy tax funds to prxrrote tourism and the hotel and convention industry in the City of Denton. Denton Black Chamber of Comrnerce Denton Chamber of Commerce Convention do Visitor Bureau Denton County Amphitheater Association Denton County Historical Museum Denton Festival Foundation Denton Hispanic Chamber of Commerce Denton Holiday Festival Foundation Friends of Denton County History, Inc. Greater Denton Arts Council North Texas State Fair Association , Scholars PhaiT Foundation of Texas Tejas Story Telling Association t. • Demon County Historical Foundation I•ach of these organizations presented their 1997-98 budget to City Council on August 26. 1997. ' ,c ( Please advise if I may answer any questions. Thank you. r KD1th Attachments uwu>e r Tedkared to Qt4lay Service" i _ :R";ti riPc~II3~w,i U' . f ~ ~j,~ 1 4~.{~~,.4~._Li ]l nin~, ~ ~'.3•Y'. v ~,ur fwr7 ~ yr t. a,-~. c~, ~i _~l C1•e i_ z ¢ ns,~ R - ~ J.4 tii ra `-f I Aqends No. Agenda Item s~~A I Date 1-2-99 I RESOLUTION NO. i A RESOLUTION APPROVING THE BUDGET OF THE DENTON BLACK CHAMBER OF COMMERCE FOR THE 1997.93 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex. Tan Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the Denton Black Chamber of Commerce for hotel occupancy tax funds, a copy or which is attached hereto, pursuant to the Agreement between the City and the Denton Black Chamber of Commerce. SECTION II. 'flat the Denton Black Chamber of Commerce shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. SECTION III. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ! BY; APPROVED AS TO LEGAL FORM: i HERBERT L. PROUTY, CITY ATTORNEY _ , t! BY: ri ,A ' t ~ • - i '~jS• , ~R 'ir ,h -j r ~'rr t'~'?t~ yi t a is i-',b'{,tS hhr a , 11 .f1. 1't q'2 ty~lt J' v~{' i Ila ♦ ♦ 08-21-1997 02:15 8173829595 JD-N E.P.ATNES P.Z. P.02 Budget 17.11.DBCC Dwten Wm* Cfwnmr of Comnw oo budget of Cmh Receipts and ftbummentf For Year itnd 1117 tJ udlftd Mnuai 1 t Raea Oooupw%y Cam Tic 6000.00 l i*W imm, 0.00 Total Aaa 8000.00 Dlabuaarlwnta; 3awim 0.00 o wal Ew~ 125.00 DImcb a Poo mb 60.00 PftrO Tax" 0.00 Ho w1h Mrumr*e 0.00 L l"wanoa 0.00 TWAT i Trawl 116.00 , Evoroy 600.00 OMM $Uppa" 40.00 yowhsoft 100.00 Aodn 070- Pri+o 300.00 Pastw 60.00 Atisr W 260.00 Conwntlon PremetkM 0,00 ToAm Promollen 4000.00 6+oohurw 0.00 Total 04burmToM 66T0.00 Exam Of FWUWW- 130.00 • i POIN i cash Caah In Sw* Total Caah Pp61 j, f Agenda NO Agenda lterng_ _ o Data - - 97 I RESOLUTION NO. _ A RESOLUTION APPROVING THE BUDGET OF THE DENTON CHAMBER OF f COMMERCE FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, r PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DEMON HEREBY RESOLVES: SECTION 1. That, in accordance with Tex Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the Denton Chamber of Commerce for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton Chamber of Commerce SECTION II. That the Denton Chamber of Commerce shalt make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. SECTION W. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR E ATTEST: JENNIFER WALTERS, CITY SECRETARY i j BY. I i 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY t • I • BY: I f • • Denton Convention & VRtor 8weau Proposed Budpat 1997-98 Internal Budget I I INCOME: 96!97 197/98 200 ;income Cityof Denton I 222,1071 295,8751 1021103 ,Reserve Fund, 8,8891 011 202 1Renovation sservelCD & Now Acct. 15,0001 15,0001 203 Interest Income 2,500! 1,000 I ITotal Income 248,4961 311,8751 DISBURSEMENTS: I 300 Salaries-Director 51,7741 54,363 305 Salaries•Temporary StaN 1,500! 1,0001 306 Salaries-Administrative Assistant 20,6191 21,837 307 Salaries-Information Assistant 1I,2961 14,9241 308 Salaries-Visitor Information Center 13,5001 1F, 500 Total Salaries 108,624 310 1 Retirement-director 2,0011 21001 I 311 Car Allowance 4,2001 4,200 315 Payroll Taxes 812001 9,25011 320 Health Insurance 8,335i 519001 322 !Liability insurance 500E 500 325 Travel & Training 2,000€ 115001 330 iComputer Equipment 4,5001 1,0001 331 1Copy Machine-cost share 1,000; 11000 332 Warehouse storage 01 540 333 ;Renovation Expense 15,000 15 0001 401 Office Supplies 4,5001 3,842: 406 iTelephone ServicatToll Free Line 1 5 000; -7,000! 407 Telephone Metro Service I 1,300 1,200 415 Audit I 8501 9501 425 ,Postage 1 3,5001 3,000; 1 426 iAccounting Services € 4,000 4,00-0' ITotal Administration 60,883 CONVENTION 502 'Solicitation/Travel 1 4,0001 01 503 1Convention Service 1,500' 01 504 Convention Advertising 1 0 0 505 Convention Promotion Events I I 1 800 0 506 Convention Trade Shows I 1 0 0 508 Membership/Subscriptions/Meetings i I 800 1,826 ;TACVB Membership I 4001 - • . • TACVB Conference El Paso 8001 TACVB Education Seminars 4001 J THMA • Membership 226, Total Convention 1,826 Page 1 • • 512 Travel/Special Projects 2,0001 11,201 513 Tourism Services 10,000 28,191 Hospitality Training - Supplies 591 Advisory Board Meetings.- Supplies 500111 Tourism Week 100 Reprints of Texas Highways 2,000 Special Projects 1000 Anderson/Hanson Publicity 241000 514 Tourism Advertising 14,0001 15,200 Billboard on 1.35 - north of Sanger 10,200 DFWATC ourism Guide ad 51000 515 Marquee Billboard 16,000 21,600 1-5E south of Denton I I Rental 15,800 Chan eouis 8,000 516 Travel Shows 10,000 1 800 TTIA Travel Show - Austin 7601 Denton Expo 250 Dan Dipert World Travel Marketplacl 700 4 Destination Showcase • Plano 100 f (this show already registered for 1998)517 Tourism Promotional material 111600 10,0001 Calendars of Events Restaurant and Entertainment Guides (Visitor Maps j Accommodations Cards I 1 ! Annual Events Cards l I ! PhotoslSlides l IPlastic bags 518 MembershipslSubsoriptionslMeetings 1,800'. 1,5501 ITTIA - Membership 2001 I I I TTIA - Travel Summit 6001 1 1 IDFWATC • Membership 7501 1 ITotal Tourism 1 89,542 520 1 Regional Film Commission 1 3,421! 4,0001 linvestment 3,0001 1 Spon Lone Star Film & TV Awards 5001 • Travel and photos 1 5 V 521 1 Brochures ' 01 20.0001 522 I Visitor Information Center 7,0001 7,000 523 1Non Designated Special Project i 20,0001 1 1 1 - f l I i 1 iTotal Disbursements: 248,498 311,876; S:1CMbuddraft.xls Page 2 • • C_, vn - AQatda No. AgeDda Item 9 cats 7 t j RESOLUTION NO A RESOLUTION APPROVING THE BUDGET OF THE DENTON COUNTY AMPHITHEATRE ASSOCIATION, NC. FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That, in accordance with Tex. Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the Denton County Amphitheatre Association, Inc. for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton County Amphitheatre Association, Inc. SECTION II. That the Denton County Amphitheatre Association, Inc. shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. SECTION 11 . That this resolution shall become effective immediately upon its passage srud approval. PASSED AND APPROVED this the day of _ 1997. JACK MILLER MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: ' J APPROVED AS TO LEGAL FORM: t • HERBERT L. PROUTY, CITY ATTORNEY • • G BY: C r S, • c...~.n:.~;.m'.c<..~.:.,.r.w.v. rr.-..wn...mwa.o•sows+iu.r...z+.,•n.rn.a,..v.aw•..........~. - - - EE CEI WED: a 12 V; la iw; Ilt 453 3370 •y DEYfoh,ciTT•A" fa; 12 - - t, 0922 '97 07:13 104 N 0 SMGER FPX:817-458-3536 PAGE 2 E DENTON COUNTY AMPHITHEATRE ASSOCIATION HOTEL OCCUPANCY TAX FUND PROPOSED IPJDOET 1!!T a 1!N i~ ITEM CASH M(MUNINO RESERVE PONDS RECEIPTS: OCCUPANCY TAX 63.000.00 TOTAL RECEIPTS il,ON•OQ ' Portals Corrsspmdows 6700.00 Qroehuew ~Q QQ Total Postass i110.iQ PrlntMq pta ihij°^+~ 6700.00 Tote) Printing "44.04 Pranatlonal Video i7,6pQ.00 TOTAL DISBURSEMENTS ~,0N,00 EXCESS OF RECEIPTS (DISBURSEMENTS) ~ E f . I n r ',l r - x 11.6 br ° s~5+~ f _ f r t I i{ ft c c^,y )~~~`~fyy:, J~riyl ( e o_t DIY ~~i r ~.Y'r,~ ~ i. t,~ ~{W r~ ~,~.1'2YI 7+C .IN ,yir•tl i _t • +M1 yet, , at r • • Agenda No. 9~-~3y J~enda Item Cate RESOLUTION NO. A RESOLUTION APPROVING THE BUDGET OF THE DENTON COUNTY HISTORICAL i MUSEUNI FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: I SECTION I. That, in accordance with Tux. Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the Denton County Historical Museum for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton County Historical Museum. f SECTION Ij. That the Denton County Historical Museum shall make periodic reports to tSe City Council at least quarterly listing all expenditures made with hotel occupancy tax funds S CTION__UII. That this resolution shall become effective immediately upon its passage + and approval. I PASSED AND APPROVED this the day of _ 1997, JACK MILLER MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY • BY: APPROVED AS TO LEGAL FORM: HERBERT I.. PROUTY, CITY ATTORNEY t i BY: l Courthouse-on-the-Square Museum August 21, 1997 The Honor-able Jack Miller Mayor, City of Denton Denton City Council Members Denton, Texas RE: Request for 1997-98 Hotel Occupancy Tax Museum Budget Dear Mayor Miller: The enclosed budget is based upon information provided by telephone to me from the city of l Denton finance department on Wednesday, August 20, 1997. The request was to provide a hard 1 copy of the Museum budget on Thursday, August 21, 1997, based on the following figures: 560,308. predicated (8.90%) income from hotel occupancy tax to be generated in the 1997.1998 fiscal year. S 4,214. contract camings for 1995.96 fiscal year to be paid in 1997.98, 3 8,430. contract earnings for 1996-97 fiscal year to be paid in 1997.98. Total 572,952. to be budgeted for 1997.98. In addition we have been asked to prepare a five minute presentation for the city council for Tuesday, August 26th at 7:00 p.m. Earlier this spring, the board of trustees approved a budget based on predicted income of 11.86% as used in the current contract for the Museum. 11"ith approval from the board's executive committee, reductions have been made in the approved budget in various catagories to meet the reduced funding. • E The Museum is concemed with the reduction in funds as its programs continue to expand to meet the needs of the citizens. The Museum does an excellentjob. Support from the city is a must. We appreciate the work of the council and thank you for your hard work. • Sincerely, ~ • • *Dircctaor aka Denton County Historical Museum, lac. P.0. Box 2800 Denton, Teti;! 76202 Counhouse-on-the-Square 501(C) (3) Non-Profit l Telephone: (817)365-8697 1.800•?463189 FAX: (817) 565.8693 I t a Denton County Historical Museum, Iec. alai Courthouse-on-the-Square Museum 1997-1998 Proposed Budget Hotel Occupancy Tax City of Denton REVENUE EXPENDIRRES 1401 Hotel Occupancy Tax $72,952 t 1.02 Interest 400 1.10E Salary, Director $34,284 1.1 IE Salary, Collection Management Assistant 18,061 1.12E Professional Consultants/Contract Labor 3,000 1.13E Security/Maintename 2,%0 1 23E Special Events/Exlu'bits 2,404 1 30E Media Advertising/Pubfic R&tionsrTraining 8,000 131E Museum Assoc. Memberships 700 1.32E Professional lournalsBooks/I'ourism Reports & Manuals 100 1.41E AuMCPA/Federal Reports 1,300 1.42E Office Supplies 307 1 60E Insurance 2,700 TOTAL $73,352 $73,352 } YtiF~ ` ;f~ ''t {vt ri ' "+irFF'' i,^'YK°°AA +w x4:Y,Y!l `C.t. -vi Atli Agenda No. Agenda He _2~ Date - - RESOLUTION NO. E A RESOLUTION APPROVING THE BUDGET OF THE DENTON FESTIVAL FOUNDATION, INC. FOR THE 1997.98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENUON HEREBY RESOLVES: SECTION I. That, in accordance with Tex. Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the Denton Festival Foundation, Inc. for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton Festival Foundation, Inc. SECTION 11. That the Denton Festival Foundation, inc. shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. SECTION ]II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY i' BY: J APPROVED AS TO LEGAL FORM: HERBERT L PROUTY, CITY ATTORNEY • • 0 BY: r'Mri ti ° a t fj Y. l. 4 r w 4 F • a7~+T-~+<• -.'L C: , ; ~ 4 4 i r, f- A" r Y r ~ ~4 rti„tv.F? 5. 'ir.i~ q i. r S I. i ♦ ii...r,dt~V...M V'Y •tV,MK'•w \~~.tia.~ ~..♦.-♦.~~♦~.~~rr~~...•••~rY.•.r~~....r ~lY'.♦.~r-r .~♦-r lam--rrrS~ .r • . r DENTON FESTIVAL FOUNDATION, INC. 1997-98 HOTEL OCCUPANCY TAX BUDGET Ist 2nd 3rd 4th ANNUAL Quarter Quarter Quarter Quarter BUDGET (Oct-Dec) (Jan-Mar) (Apr-June) !July-Sept) INCOME $10,000.00 $10,000.00 $101000.00 $10,000.00 $40,000.00 EXPENSES 1. Salaries S 3,000.00 0.00 0.00 $ 4,000.00 $ 7,000.00 II. Services Printing $ 350.00 $ 850.00 $ 300.00 $ 200.00 3 1,700.00 Postage $ 300.00 $ 700.00 0100 0.00 $ 1,000.00 Advertisin $ 630.00 $ 6,905.00 $ 3,000.00 0.00 $10,535.00 Brochures $ 865.00 $ 800.00 $ 2,250.00 0.00 $ 3,915.00 III. Tourism rl ion Festival Programmin 0.00 $ 5,600.00 $10,250.00 0.00 $15,850.00 TOTAL 5,145.00 $14,855.00 $15,800.00 $ 4,200.00 $40,000.00 Our fiscal year is July 1 - June 30 and this hotel tax will be applied to the 1998 and the 1999 Denton Arts 3 Jazz Festival. l 4 'C'.ia3 a,. rM 'F~ 1 si 1.Z t"•r1~ f~"]'' {SS\L..~~ aa((..'~~~Ytyy T 4 r T F,rjK! r ' •-I. AbOda ha. 97-_039 Apsnda lu Date ~ j ' RESOLUTION NO. A RESOLUTION APPROVING THE BUDGET OF THE DENTON HISPANIC CHAMBER OF COMMERCE FOR THE 1997-99 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex. Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the Denton Hispanic Chamber toof Commerce for hotel occupancy tax funds, a copy of which is attached hereto, pursuant Agreement between the City and the Denton Hispanic Chamber of Commerce. S_ECTION_ 11. That the Denton Hispanic Chamber of Commerce shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. SE ION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BYi APPROVED AS TO LEGAL FORM: • HERBERT L. PROUTY, CITY ATTORNEY • r BY: 3 e c/ it 11 ' t k :'t ~,..,.r r`.+. r ::r,,~ `,4'r-.j '-?~:av i•Y'.'l`,15,11 :y • i • j f Project Cost Analysis, HOTEL TAXOCCLMICYTA_X REYENUE FOR M.8 CITY OF oENTON Dwdoo Ni4wk Ow"bw ofC"wm" 1607 E. MAVOt" ST, SUIT[ !00 DENTON. TX 76201 547/7.1!01 Fmc 817=4681 Ampn 26. W Estimated Com PLANNED ACTIVITIES BY THE HISPANK CHAMBER TO PROMOTE TOURISM TO DENTON BILINGUAL DENTON COUNTY PROCUREMENT EKPO RmW of bd fky $00.00 PA"kig Costs TOOAO Froawt3ork media caersEr. tehpAoee. 300.00 numout sisppNes, Pows., ea. HISPANIC CONCERT ErrtM:lwiaent 11000.00 Nndns costs 500.00 Pnxnotbrc media oorerage, ttkoww, 200.00 nullwA supplies, postage, ea. 1 Tout $31200-00 RESPECTFULLY SUBMITTED BY: TOMASA L GARCIA, M.ED. ' CHAIRPERSONJCEO DENTON HISPANIC CHAMBER OF COMMERCE August 21, 5497 4 Apanda No. '03 . Agenda 1111M-2s-l- Data 9-a-97 RESOLUTION NO. A RESOLUTION APPROVING THE BUDGET OF THE DEMON HOLIDAY FESTIVAL ASSOCIATION, INC. FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION-[. That, in accordance with Tex. Tax Code Ann. §35I.101(c), the City Council of the City of Denton hereby approves the budget of the Denton Holiday Festival Association, Inc. for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton Holiday Festival Association, Inc. SECTION II. That the Denton Holiday Festival Association, Inc. shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. SECTION 111. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of I997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: • HERBERT L. PROUTY, CITY ATTORNEY ` . • • f r ' E BY: ~~,u 1 l c r k . ' • tai ~ I5 1N 'S Y a~ 'd f 'i k Cr . 1~~'t •f. FWG 21-1971 09:42 iRO1 CITY CF FRUY To 53456268 P.02 ! j. { DATE: August 21, 1997 MEMO TO: Denton City Council PROM: Yvonne A. Jeukths, Chairman Dentoo Holiday Festival association, Inc. SUBJECT: Proposed Budgetifor Revenue from Hotel/motel Roo} Occupancy Tax Thank you for considering oJr application to be a recipient of revenue from the Hotel/majel Room Occupancy Tax. Per you request, via staff, on August 20, 1997, please find listed below. Also be advised, that I will not be able to attend the August 26th Denton City Council meeting as I must be at the Argyle City Council meeting. I w4ll make every effort to have a representative from our Boar d1 to be present at Your malting. Again, thank you for all the lrork and effort you have and are expendiaq on this protect, { f i DZA= Mault AsAGClJ17IOx IxC. XQ2&LLXQ gk*QQQCUIA= X" AMOUNT OF RZOEST: $3,000.00 I PRINTING AND DISTRIBUTION aROCROARS S 1400.00 ADVERTISING IN LOCAL 6 ARLAI mENSPAttRS $ 1600.00 (Lighting Event i Brave Como Concert) i 3000.0`0 J i j TOTR. P.B2 • Apsnaa NO-2ta-- Agvda Ilem_ off Oath , RESOLUTION NO. A RESOLUTION APPROVING THE BUDGET OF THE FRIENDS OF DENTON COUNTY HISTORY, INC. FOR THE 1997.98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION i. That, in accordance with Tex. Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the Friends of Denton County History, Inc for hotel occupancy tar funds, a copy of which is attacked hereto, pursuant to the Agreement between the City and the Friends of Denton County History, Inc. SECTION 1. That the Friends of Denton County History, Inc. shall make periodic reports to the City Council at least quarterly listing all expenditures made witL hotel occupancy tax funds. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of V 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 BY: APPROVED AS TO LEGAL FORM: • HERBERT L PROUTY, CITY ATTORNEY _ • • c ~ 7 BY: • I Q'atirisa (A. ~l°a~4ifan~ a~t8 (Pour C,'Gt6 (~i'd is ~~7L?P6.°8017 ~ ,Z 1 9T P*4&A t .t.KC. ' e4 A"J ..ter P~ 11 UiAw o f/, coo a'g-C-4 ~~s G t ~QK~ too • Ad - - ~,p 04 t t , G f 4 f A 10'41 ►LO► 0►L 0►6 NvHAoaj Nlogulvd Md 9G10• !6-IL-nn" k, it :oioo..un,a,hw +t es e.t ow :rest:+ •e~ i:t :avmn~ AMY.... Agenda No. 97"0.3C/ 19 7Z- Agenda item `97 Date RESOLUTION NO. A RESOLUTION APPROVING THE BUDGET OF THE GREATER DENTON ARTS COUNCIL FOR THE 1497-99 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: That, in accordance witb Tex. Tax Code Ann. §351.101(c), the City Council ofd the City of Denton hereby approves the budget of the Greater Demon Arts Council for hotel occupancy tax funds, a copy of which is attached hereto, puer between the City and the Greater Denton Arts Council. SECTIONI. That the Greater Denton Arts Council shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. SFCTIQN I1I. 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 I BY: 1 f APPROVEL AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ircl" F - J. Y h♦ Cat- _ , 1 Greater Denton Arts Council Hotel/Motel Fund Budget 1997 -1998 Projected HotellWel Tax Allocation 1997-98 97-98 Projection: $101,700 Carry over from previous Contracts: 14,169 TOTAL: $115,868 Projected GDAC, Fund Application The number in parentheses inaicate the total amount budoW in the GDA C FY97-98 Budget. Admin. Payroll Expenses: $85,000 ($132,409) Exhibitions/Programs $12,275 (:46,000) Operating/Office $ 7,000 ($23,000) Grants Program: Community Theatre $5,000 GDAC Grants Fund $8,594 ($35,294) TOTAL: $115,888 • Pmpsred WW7 1. R 7Y l M1I, i ,tt Y . i5Y1 1b`'Vt+ Z f~ a #,.(l;fc ' w; .a, i t~ ..:Y...Y.i^:.rvOU..i.tiM.wfN.•~.v..r.-.MN•vWw wnu~.Va..v ` GDAC 1997-98 Budget August revision GREATER DENTON ARTS COUNCIL OPERATING BUDOET !Y 1997 - 1998 at•d ACCOUNT ~97/98 INCOME-11NEARNED Hotel/Motel Tax 115,869 Gov't Monies-TCA 6,044 Gov't Monies-Other 3.048 TAG Grants 35,000 O. Grant 0 Fo ndations 1.500 Corporate Spon./Don. 3,000 Individual Gifts 500 Membership Ind. 28,000 Membership Org. 31500 Membership Bus. 22,000 interest Income 11000 Refunds/Reimburs. 500 Mlsc Income 0 Organizational Funds 2,000 TOTAL UNEARNED INCOME 221,961 INCOME-EARNED CVA Rental 39,000 Concession 500 Art-related Sales 11000 Admission 11000 Tuition 3,000 Service Fees/Mail list 200 Materials H&S Income 1,800 OMOT 2,000 CARA 2,500 Bus Tours 0 Spec. Event/Fund Rais. 31,000 Arts Festival Income 500 TOTAL EARNED INCOME 82,500 TOTAL INCOME 304,461 n,T l ~ y _~'•t~.~"' ~L s~i'.. a ~sl1~~~~ i'r` ~i t~,l~~~ ,~.f~f` r 1'V Aim • 1 GDAC I997-98 Budget August revision ACCOUNT budit Hotel Tax 97/98 Allocation EXPENSE-ADMINISTRATIVE Payroll 123,000 85,000 Payroll Taxes 91409 Benefits Health 13,000 Recirement 7,500 Mileage Reimbursement 11000 Executive Dir Exp. 500 Training Career Dev. 200 Contract labor 0 Board/Volunteers 700 Conference/Travel 11100 ADMINISTRATIVE TOTAL 156,409 85,000 EXPENSE-OPERATING Office Supplies 2,000 2,000 Beverages 800 Merchandise 0 Telephone 4,000 Internet 2,400 2,000 Office E i Postage pment 1,500 Books, subscriptions 500 Professional M ships 600 insurance (Non ,ned) 61400 3,000 Audit 3,500 Check/Bank charges 500 Operating Misc. 0 OPERATING TOTAL 24,250 7,000 7 ' ,S.'+✓~Y"~✓. t ~~i4i f.l: >,i..~' 7'1 TF Itl JY ?~'iAi; •~3 y.~-!T. ~~~}~`~t. 1 GDAC 1997-98 Budget August revision 97/98t EXPENSE-FACILITIES Victorian Cottage 1,200 CVA 4,000 Janitorial Supply 1,300 Rental Expenses 11,000 Exterminator 650 Groundskeeping 41000 Building Security 700 Instruments 150 Properties Misc. 200 FACILITIES EXPENSE 23,200 EXPENSE-FROORAMS Gallery Exhibitions 8,000 7,000 Materials: H a S 7,000 51000 Permanent Collection 1,000 275 Opening Receptions 0 Exhibition Supplies 0 Art sales reimburs. 0 Newsletter 1,400 Info Publications 500 workshops/Classes 2,500 Ed. Programs 0 Perf. Arts Events 600 OMOT Exp. 2,000 Bus Tour Exp. 0 CARA Exp. 2,500 Advocacy 500 Grants Program 40,294 11,594 ; Membership Drive 5,000 Misc. Membership 11000 Sp. Ev./Fund R. Exp. 14,000 PROGRAM EXPENSE TOTAL 86,294 23,869 k EXPENSE SUBTOTAL 290,153 RESERVE DEVELOPMENT 14,308 EXPENSE TOTAL 304,461 115,869 l ~ E 1 i 1 r' 1 , 10 1j, • ';r , f. `tl Y ~ , r ~y~td :4: r 7 f,~c~.itf iy :S w.~t f 1~.~^7tK t' a ~s'a' 4+~.- ?L ~ak~y Y tv • • AWda AcMdo nom Datt RESOLUTION NO. A RESOLUTION APPROVING THE BUDGET OF THE NORTH TEXAS STATE FAIR ASSOCIATION FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex, Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the North Texas State Fair Association for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the North Texas State Fair Association. 5£ E N It. That the North Texas State Fair Association shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. SECTION III. That this resolution shill 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 i • f • • BY: ez ' I iti • • North Texas State Fair & Rodeo Proposed Budget For the Fiseeel Year October 1. 1997 tbrr September 30. 1998 Projected Cash, October 11 1197 SI0,000 Receipts: Occupancy Tai: 87,981 Disbursement.: Salaries 45,006 Prindaag 10,00 Advertising 25.000 Postage 1.506 Utilities 51000 Office SappUes & Expenses 2,000 Telephone 4,000 Office Equipment Malateaanee 300 . Office Equipment 1,000 Audit -lam 95,200 , ' Projected Cask after Operating Receipts & Disbursements 2,781 • • * • n r~ `C 4 ~2 . ,G ~t ~d~sf ~.Y^24 l.~b. 'f, .j ,f.~ y. {.q . ♦ , , L .y. ~~1 ~eyy f 6 i o,r C~ «Z~ S ~Y`ltie~YYSiS .'l_- 0 • ~Q>~a No. 97039 ; Aptmda Iqm , Data r t RESOLUTION NO. A RESOLUTION APPROVING THE BUDGET OF THE SCHOLARS PHAIR FOUNDATION, INC. FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That, in accordance with Tex. Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the Scholars Phair Foundation, Inc. for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Scholars Phair Foundation, inc. SECTION 11. That the Scholars Phair Foundation, Inc. shall make periodic reports to the r City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. SECTION 111. That this resolution shall become effective immediately upon its passage and approval. I - ' PASSED AND APPROVED this the day of , 1997. JACK MILLER, MAYOR r ATTEST: JENNIFER W ALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY t BY: xt r 1 ~ i ~ i • The Scholars' Phair Foundation of Texas, Inc. The Scholars' Phair Foundation intents to use the Hotel Tat Fund allotment for the promotion of the Texas Youth Phair and for registration of Texas Youth Phan participants. Below are the specific uses of the funds: 1. Printing a) 1st issue of "The Scoop & Ballyhoo" 600.00 a conference newspaper to be distributed during registratiom b) Promotional brochures 375.00 c) Conference registration material 1,500.00 2. Purchase of exhibit booth 3,605.00 3. Telecommunications a) Internet line (note: registration may be done primarily through the Internet) 240.00 b) Toll free line 1,798,50 4. Registration Equipment 1,081.50 i QQ i' - 5. Postage and mailing supplies goo, r • Total 100000.00 i • • • f 4+ Y • .r~....^r+.-d+~!.'y~`.'"~ • ~Me ' ~ i i ~'.+i ` Cry., ~.i+`y t • I ~~~a~ 7-039 Apunda Ito d Date RESOLUTION NO. A RESOLUTION APPROVING THE BUDGET OF THE TEXAS STORYTELLING ASSOCIATION FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: $E- Q , That, in accordance with Tex. Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the T&s Storytelling Association for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Tejas Storytelling Association. SECTION I[. That the Tejas Storytelling Association shad make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. St?[ TION IU. 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 i BY: e r t` I pawn s~_ w N~f i. + of 1 T r TctAf V07yte«1hs Assee~~tiek TO: CITY COUNCIL HOTEL OCCUPANCY TAX SUBCOMMITTEE j FROM: TEJAS STORYTELLING ASSOCIATION (TSA) KAREN MORGAN, TSA BOARD PRESIDENT (241-2055) RE: FUNDS BREAKDOWN DATE: AUGUST 21, 1997 TSA's REQUEST: The Texas Storytelling Association holds the annual Texas Storytelling festival in Denton every March bringing people into the city for four days. TSA respectively requests $25,000 from the City Council Hotel Occupancy Subcommittee for staffing, administrating, and promoting Denton's Texas Storytelling Festival. These funds will be used as seed money to encourage further growth and to promote, publicize, and advertise Denton's Texas Storytelling Festival. Promotfon, Publfcfzfng, and Advertfsfng Mailing Lists 1,600 Telephone 40O Brochure/Flyers Printing and Mailing Costs 4,200 Advertising and Signage 3,800 Newsletter Costs 1,000 Total $11,000 Staffing and Administrating The 1997 festival functioned as a completely volunteer event, enlisting the assistance of volunteer Denton residents, the TSA Board of Directors, and interested people from Texas, Kansas, Arkansas, Oklahoma, and Louisiana. Additional funds would bring an-staff personnel to work promoting festival in the months before festival, strategically placing ads, coordinating and directing mail to publicize the event, generating labels, and developing data oases to ensure maximum attendance from around the greater US Southwest. i Total $ 9+~ Programing The 1998 festival will pay performance fees to 4 main performers throughout the four days and additional performers who will do individual concerts combining music and story, bilingual storytelling, and storytelling workshops. To encourage attendance by the hearing impaired, performance fees will be paid to ASL interpreters. Total $5,000 , T_!A P,Oy_QOX 2106 7144f 76202 11 107417-1116 0 FRK 117-110-1129 r A~hdh Nd. 0,~ AWd~ 1 Data - - i , RESOLUTION NO. A RESOLUTION APPROVING THE BUDGET OF THE DENTON COUNTY HISTORICAL FOUNDATION, INC. FOR THE 1997-98 FISCAL YEAR FOR HOTEL OCCUPANCY TAX J FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING f AN EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: f SECTION I. That, in accordance with Tex. Tax Code Ann. §351.101(c), the City i Council of the City of Denton hereby approves the budget of the Denton County Historical Foundation, Inc. for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton County Historical Foundation, Inc. SECTION It. That the Denton County Historical Foundation, Inc. shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. ,SECTION 11 . 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. PROUfY, CITY ATTORNEY • BY: [ /t • • s~ i • DENTON COUNTY HISTORICAL FOUNDATION, INC. P. 0. Boa 2184 G DtnW. Tuns 76202 M Cox" CaNr O"room %^T im DENTON COUNTY HISTORICAL FOUNDATION PROPOSED BUDGET 1997-199 r LALOR FUNDS - CITY OF DENTON, TEXAS i 1996-1997 Budget 1997-1998 Proposed Budget Income Lalor Funds ; 5,048.00 Income Lalor Funds ; 917.00 Interest 800.00 Total Revenues ; 5,048.00 Total REvenue ;1717.00 Disbursements 1.00E 2.00E1 3.00E Heritage Tourism Prom 3.00E Heritage Tourism ` Brochures, maps ; 2,500.00 Brochures, maps ;1717.00 3.01E 3.02E 4.00E 5.00E 6.00E Heritage Proj Hist Markers 1,000.00 6.01E Historical Marker ; Repair 500.00 6.02£ Hist Pub Proj 500.00 6.03E Preserv/fire truck 548.00 if • 7.00E 1 7.01E 8.00E } 9.00E 10.00E t' Total Budget ; 5,048.00 Total Budget ; 1717.00 . f • a, , i r r, 1 v r • , r e r r Y Agenda No. Agenda Item ' Date f t 1 , CITY OF DENTON. TEXAS F>sd+ee Dsperbywt 215E AtkKkumv ' Denton, T.xss 76201 rehphons (940) 349-8288 DFW Mstro (972) 434-2529 FAX (9401349-7789 MEMORANDUM I TO: Honorable Mayor and Members of City Council t FROM: Kathy MBose, ASSistant City Manager of Finance # DATE: August 28, 1997 SUBJECT: ORDINANCES TO APPROVE HOTEL OCCUPANCY TAX RECIPIENT CONTRACTS Please find attached ordinances to approve contracts allocating hotel occupancy tax revenue to the following organizations. Denton Black Chamber of Commerce Denton Chamber of Commerce Convention do Visitor Bureau Denton County Amphitheater Association Denton County Historical Museum Denton Festival Foundation Denton Hispanic Chamber of Commerce Denton Hr ,Jay Festival Foundation Friends of Denton County History, Inc. Greater Denton Arts Council North Texas State Fair Association } Scholars Phair Foundation of Texas Tejas Story Telling Association If you have any questions, please let me know. Thank you E KD!lth N NIA 'De dica ed to Qvohfy S0nke' Fd). ~1 r V ~s ti'} YG.~i~~. ~('1~.~'.,,1 [!~K.♦ V i~~~1 ) rY Agemda No AOsnds itsm Dots ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON BLACK CHAMBER OF CON1MERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION II. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _ day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i ,t .i • j • AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON BLACK CHAMBER OF COMMERCE (97-96) PROVIDING FOR THE PAYMENT AND uss or HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "CITY"), and the Denton Black Chamber of Commerce, a legal entity existing under the laws of the State of Texas (the "CHAMBER"): WHEREAS, TEX. TAX CODE S 151.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (74) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance, the CITY has provided for the assess- ment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (73); and WHEREAS, TEX. TAX CODE 8351.101 (a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, the CHANGER is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the CHAMBER as an independent entity the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the CHAMBER agree and contract as follows% 1. HOTEL TAX REVENUE PAYXM TO CHAMBER 1.1 consideration. For and in consideration of the activities to be performed by the CHAMBER under this Agreement, the CITY agrees to pay to the CHAMBER a portion of the hotel tax revenue collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the CHAMBER sometimes heroin referred to as "the agreed payments" or "hotel tax funds"). • 0 i I. Ir 0 • • 1.2 Amount of Payments to cHAxBER. (a) As used in this agreement, the following terns shall have the following specific meanings: (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE S351.002 and city ordinance, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to CHAMBER an amount of money equal to eighty-nine one hundredths of a percent (0.89%) of the base payment amount for the period of October 1, 1997 through September 30, 1998 or Six Thousand Dollars ($6,000.00), whichever is less. 1.3 Dates of Payments to CHAMBER. I (a) The term "quarterly payments" shall mean payments by the CITY to the CHAMBER of those amounts specified in 11.2 above as determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the CHAMBER the agreed payments specified in 11.2 above by quarterly payments paying eighty-nine one hundredths of a percent (0.89f) of the base payment amount (quarterly) for the first three quarters of the fiscal year and the percentage of the base payment amount for the last quarter of the fiscal year shall be adjusted so that the total of the quarterly base payment amounts shall not exceed six Thousand Dollars ($6,000) during the 1997-98 fiscal year. Each such quarterly payment shall PAGE 2 • be paid to the CHAMBER on or before the forty-fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the CHAMBER. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. II. UBE OF HOTEL TAX REVENUE BY CRAKBER 2.1 Use of Tunas. For and in consideration of the payment by the CITY to the CHAMBER of the agreed payments of hotel tax funds specified above, the CHAMBER agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity, as authorized by TEX. TAX CODE S 351.101(a). 2.2 Administrative Costs. The hotel tax funds received from the CITY by the CHAMBER may be spent for day-to-day operations, sup- plies, salaries, office rental, travel expenses, and other admini- strative costs that are incurred directly in the performance by the CHAMBER of those activities specified in 12.1 above and are allowed by TEX. TAX CODE S 351.101(f). 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the CHAMBER for which hotel tax funds may be used shall not exceed that portion of the CHAMBER'S administrative costs actually incurred in con- ducting the activities specified in 52.1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. ` • A • i PAGE 3 E ~ • • III. RECORD SEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or about September 1 and prior to the disbursement of any funds for the 1997-98 fiscal year, the CHAMBER shall prepare and submit to the City Manager of the CITY an annual budget for such fiscal year for the CHAMBER and any other operation or function of the CHAMBER in which the hotel tax funds shall be used by the CHAMBER. This budget shall specifically identify proposed expenditure of hotel tax funds by the CHAMBER. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the CHAMBER any hotel tax revenues as set forth in Section 1. of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds in such Section I. (b) The CHAMBER acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the CHAMBER with respect to the hotel tax funds paid by the CITY to the CHAMBER under this Agreement. The CHAMBER shall expend hotel tax funds only in the manner and for the purposes specified in S 351.101(a) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 Separate Accounts. The CHAMBER shall maintain any hotel tax funds paid to the CHAMBER by the CITY in a separate account. 3.3 Financial Records. The CHAMBER shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the CHAMBER and, upon reasonably advance written re- quest of the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person, shall make such financial records available for inspection and review by the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person. • 3.4 Quarterly Reports. Within thirty days aftar the end of every quarter, the CHAMBER shall furnish to the CITY (1) a performance report of the work performed under this Agreement, in the form determined by the city Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the • TEX. TAX CODE ANN. 5 351.101(c) (Vernon 1994). The CHAMBER shall • promptly respond to any request from the City Manager of the CITY for additional information relating to the activities performed under this Agreement. PAGE 4 • • I 3.5 KOtice of Meetings. The CHAMBER shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the Denton Black Chamber of Commerce Board of Directors, as well as any other meeting of any constituency of the CHAMBER at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the CHAMBER to give notice of any executive session of the Executive Committee of the CHAMBER. IV. REINBQRBEKENT AND INDMWIFICATION 4.1 Reimbursement of CEAKeER for Administrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the CHAMBER for any and all expenses and costs undertaken by the CHAMBER in performance of those activities specified in 12.1 above or expenses or costs incurred by the CHAMBER as described in 12.2 above. The CITY is obligated to reimburse the CHAMBER for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the CHAMBER during the one hundred eighty, day period preceding termination or the agreed payments otherwise due and payable to the CHAMBER for such period. 4.2 Reimbursement of cxAmBER for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the CHAMBER for any and all contractu- al obligations of the CHAMBER undertaken by the CHAMBER in perfor- mance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon such contractual obliga- tions having a term not exceeding the full term of this Agreement, i Notwithstanding any provision hereof to the contrary, the obliga- tion of the CITY to reimburse the CHAMBER or to assume the perfor- mance of any contractual obligations of the CHAMBER for or under • any contract entered into by the CHAMBER as contemplated herein shall not exceed FIVE HUNDRED DOLLARS ($500.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetai?, limitation on a per contract basis. 4.3 Payment of Reimbursement to CBAKEER. • (a) with respect to expenses and costs incurred by the • CHAMBER for which the CITY is obligated to reimburse the pursuant • to 14.1 above, the CITY shall pay such reimbursement amount due, if any, to the CHAMBER on or before the forty-fifth (45th) day after the date of termination of this Agreement. PACE 5 Y' ILK: G. • ~I (b) With respect to contractual obligations undertaken by the CHAMBER for which the CITY is obligated to reimburse the CHAMBER as provided in 14.2 above, the CITY shall reimburse the CHAMBER for such monetary obligations required in such contractual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 14.2 above. 4.4 Indesinification. The CHAMBER agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the CHAMBER or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of CHAMBER, its officers, employees, agents, subcontractors, licensees and invitees. V. TIM MM TIRXIMATIOM S.1 Term, The term of this Agreement shall commence on October 1, 1997 and terminate at midnight on September 30, 1998. This term shall be a period of one year. S.2 Termination. (a) This Agreement way be terminated by either party by giving the other party one hundred eighty (180) days advance written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) The termination of the legal existence of the CHAMBER; (ii) The insolvency of the CHAMBER, the filing of a • petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the CHAMBER for the benefit of creditors; I r (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the CHAMBER for more than thirty (30) days after written notice of such breach is given to the breaching party by the othtir • party, or PAGE 6 f • • (iv) The failure of the CHAMBER to submit a financial report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. Vt. QSNZRAL PROVISIONS 6.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the CHAMBER with another private entity, person, or organi- zation for the performance of those services described in 12.1 above. In the event that the CHAMBER enters into any arrangement, contractual or otherwise, with such other entity, person or organi- zation, the CHAMBER shall cause such other entity, person, or orga- nization to adhere to, conform to, and be subject to all provi- sions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds main- tenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Independent Contractor. The CHAMBER shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The CHAMBER shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the CHAMBER shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The CHAMBER shall not be considered a partner or joint venturer with the CITY, nor shall the CHAMBER be considered nor in any manner hold itself out as an agent or official representative of the CITY. 6.3 Assignment. The CHAMBER shall not assign this Agreement without first obtaining the written consent of the CITY. 6.4 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when • given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: CITY Sti~tS8E8 City Manager Chairman/Director • City of Denton Denton Black Chamber of Commerce • 215 E. McKinney 625 Dallas Drive, Suite 200 Denton, TX 76201 Denton, TX 76205 I PAGE 7 r 6.s inurement. This agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the CHAMBER and their respective successors. and assigns. 6.6 Application of Laws. All terms., conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 6.7 Esolusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- went, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or thee* transactions. 6.6 Ouplicate,Originals. This Agreement is executed in duplicate originals. 6.6 Headings. The headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. EXECUTED this day of 1997• THE CITY OF DEMK, TEXAS By: JACK MILLER, MAYOR i ~ !L ATTEST: APPROVED AS TO LEGAL FORM: By. JENNIFER HALTERS, By. HERBERT L. PRO Y, , CITY SECRETARY CITY ATTORNEY PAGE 8 i 41 1 DEWMN BLACK CHAMBER OF COMMERCE By: C~11 i Cha rman/D recto ATTEST: APPROVED AS TO LEGAL FORM: By, BY: Secretary t - , .1 f f J E • F _ Ae\aLXCHAMB.R t PAGE 9 c' • - c.~l. } i ~ ' u r ~ ~ ~ r 'it 1:~ i~~t~ !:.?Ti ~.l''rT-7~J~#~a "~L4:~~Y~{5~y ~U~ L_f~.ik' 1 ,r-1. ~l ~_~r,~.~t s .T1` ,,.k~ .~Hs~ ate. 9Y~x"~.~m `'+ai[+. ti~ 5~• ~ ~e_':"i-.! • • Apendo No._ Agenda Item 1 Date. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE FOR THE PAYA1ENT AND USE OF HOTEL TAX REVENUE, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i i" i SECTION 1. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Chamber of Commerce for the payment and use of hotel tax revenue, under the tams and conditions contained in the agreement, a copy of which is attached t hereto and made a part haeof. E SECTION [I. That this ordinance shall become effective immediately upon its passage j and approval. PASSED AND APPROVED this the day of i 1997. f . i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i i BY: ~l~cltc~C ee ~rr'~ - I Y k • • AGREEMENT BETWEEN THE CITY OT DENTON AND Tile DENTON CHAMBER O1 co KZRCE (97-99) PROVIDING TOR THE PAYMENT 71TD D9E OT HOTEL TAE REVENUE THIS AGREEMENT made betweenth thCity of e Dentonenton,Texas, a muni- cipal corporation (the "City"), a of , a non-profit corporation incorporated under the laws of the State of Texas (the "Chamber"): WHEREAS, TEX. TAX CODE S 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7t) of the consideration paid by a hotel occupant; and MkEAS, by assess- ment andd collection dof a municipal hotel occupancy tax inethe sCity of Denton of seven percent (7k); and WHEREAS, TEX. TAX CODE 5351.101 (a) (2), (3) 6 (5) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention solicitations and hotel promotio al programs advertisto attract and conducting soli isand idelegates or registrants to the municipality or its vicinity; and WHEREAS, tits CHAMBER is well equipped to perform those activities through its Denton Convention and Visitors Bureau; and WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the CHAMBER as a private organization the municipalehotel described manand aement suervision of with grevenue activthities of occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the CHAMBER agree and contract as follows; 1. HOTtu TAX REVENUE PAYMENT TO CRA"ER 1 1.1 consideration. For and in consideration of the activities to BER under thi rees be perfbo the CHAMBER apportion of heshotel taxtrevenueicollected to pay - b the C at aymentslby the CITY to the n CHAMBER the sometimes herein specified to as • • manner l "the agreed payments" or "hotel tax funds"). ~ p ~JI 1.2 Knount of Payments to Chamber. (a) As used in this agreement, the following terms shall have the following specific meanings: r • • (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (71) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE 5351.002 and City Ordinance, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to CHAMBER an amount of money equal to thirty-seven and seventy-one one hundredths of a percent (37.711) of the base payment amount for the period of October 1, 1997 through September 30, 1998 or Two Hundred Fifty-Five Thousand, Six Hundred Seventy-Four Dollars ($2550674.00), whichever is less. 1.3 Dates of Payments to Chamber (a) The term "quarterly payments" shall mean payments by the CITY to the CHAMBER of those amounts specified in 11.2 above as determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. • (b) CITY shall pay the CHAMBER the agreed payments specified in 11.2 above by quarterly payments paying thirty-seven and seventy-one one hundredths of a percent (37.711) of the base pay- ment amount (quarterly) for the first three quarters of the fiscal year and the percentage of the base payment amount for the last quarter of the fiscal year shall be adjusted so that the total of the quarterly base payment amounts shall not exceed Two Hundred • Fifty-Five Thousand, Six Hundred Seventy-Four Dollars ($255,674.00) • • during the 1997-98 fiscal year. Each such quarterly payment shall be paid to the CHAMBER on or before the forty-fifth (45th) day after the last day of such respective fiscal quarter foe which such payment is due. if quarterly financial and perforeance reports are not received within thirty (30) days of the end of the applicable PAGE 2 rA. • r • quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the CHAMBER. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. 11. OBE 07 MOTEL TAX REVENUE BY CXMMZR 2.1 Use of Funds. For and in consideration of the payment by the CITY to the CHAMBER of the agreed payments of hotel tax funds specified above, the CHAMBER agrees to use such hotel tax funds only for the following purposes: (a) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (b) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity; (c) historical restoration and preservation projects or activities or advertising and conducting solicitations and promo- tional programs to encourage tourists and convention delegates to visit preserved historic sites or museums; (i) at or in the immediate vicinity of convention center facilities or visitor information centers; or (ii) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates. • as authorized by TEX. TAX CODE 5 351.101(a)(2), (3) L (5). 2.2 Adainistrative Costs. The hotel tax funds received from the i CITY by the CHAMBER may be spent for day-to-day operations, sup- plies, salaries, office rental, travel expenses, and other admini- strative costs that are incurred directly in the performance by the CHAMBER of those activities specified in 12.1 above and are allowed • by TEX. TAX CODE S 351.101(f). t 2.3 epeoifio Restriotions on Use of Funds. (a) That portion of total administrative costs of the CHAMBER for which hotel tax funds may be used shall not exceed that portion PAGE 3 • • of the CHAMBER'S administrative costs actually incurred in con- ducting the activities specified in 52.1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or about September 1 and prior to the disbursement of any funds for the 1997-98 fiscal year, the CHAMBER shall prepare and submit to the City Manager of the CITY an annual budget for such fiscal year for the CHAMBER and any other operation or function of the CHAMBER in which the hotel tax funds shall be used by the CHAMBER. This budget shall specifically identify proposed expenditure of hotel tax funds by the CHAMBER. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not,pay to the CHAMBER any hotel tax revenues as set forth in section I. of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds in such Section I. (b) The CHAMBER acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the CHAMBER with respect to the hotel tax funds paid by the CITY to the CHAMBER under this Agreement. The CHAMBER shall expend hotel tax funds only in the manner and for the purposes specified in S 351.101(a) (2), (3) B (5), TEX. TAX CODE and in the budget as approved by the 1 CITY. 3.2 Separate accounts. The CHAMBER shall maintain any hotel tax funds paid to the CHAMBER by the CITY in a separate account. j 3.3 Financial Records. The CHAMBER shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the CHAMBER and, upon reasonably advance written re- quest of the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person, shall make such financial records available for inspection and review by the Denton ` City Council or the City's Assistant City Manager of Finance or his • J designee or other person. 3.4 Quarterly Reports. Within thirty days after the end of every quarter, the CHAMBER shall furnish to the CITY (1) a performance report of the work performed under this Agreement, in the form PAGE 4 i • determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. S 351.101(c) (Vernon 1994). The CHAMBER shall promptly respond to any request from the City Manager of the CITY for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The CHAMBER shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the Denton Chamber of Commerce Board of Dir- ectors as well as any other meeting of any constituency of the CHAMBER at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the CHAMBER to give notice of any executive session of the Executive Committee of the CHAMBER. IV. R'GIMBVRBLMLNT AND INDZMWIPICATION 4.1 Reimbursement of Chamber for Administrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the CHAMBER for any and all expenses and costs undertaken by the CHAMBER in performance of those activities specified in 12.1 above or expenses or costs incurred by the CHAMBER as described in 12.2 above. The CITY is obligated to reimburse the CHAMBER for expenses and costs as described in 12.2 above only for tt:a period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lessor of the actual expenses and costs incurred by the CHAMBER during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the CHAMBER for such period. 4.2 Reimbursement of Chamber for Contractual obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the CHAMBER for any and all contractu- al obligations of the CHAMBER undertaken by the CHAMBER in perfor- mance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon such contractual obliga- tions having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obliga- tion of the CITY to reimburse the CHAMBER or to assume the perfor- mance of any contractual obligations of the CHAMBER for or under any contract entered into by the CHAMBER as contemplated herein • • shall not exceed TEN THOUSAND DOLLARS ($100000.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contract basis. PAGE 5 z • 4.3 Payment of Reimbursement to Chamber. (a) With respect to expenses and costs incurred by the CHAMBER for which the CITY is obligated to reimburse the CHAMBER pursuant to 14.1 above, the CITY shall pay such reimbursement amount due, if any, to the CHAMBER on or before the forty-fifth (45th) day after the date of termination of this Agreement. (b) with respect to contractual obligations undertaken by the CHAMBER for which the CITY is obligated to reimburse the CHAMBER as provided in 14.2 above, the CITY shall reimburse the CHAMBER for such monetary obligations required in such contractual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 14.2 above. 4.4 Indemnification. The CHAMBER agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the CHAMBER or those services contemplated by,this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of CHAMBER, its officers, employees, agents, subcontractors, licensees and invitees. 4.5 Insurance. The CHAMBER shall provide insurance as followst $500,000 Commercial General Liability Statutory Workers' Compensation and Employers' Liability ($2500000/$500,000/$250,000) $500,000 Business Automobile Liability The CITY must be named as an additional insured (except Workers' Compensation) and proof of coverage shall be submitted prior to any • payment by the CITY. Y. TZM MW TERKIIQTIOM 5.1 Term. The term of this Agreement shall commence on October 1, 1997 and terminate at midnight on September 30, 1998. This term shall be a period of one year. i t r PAGE 6 r s • S.2 Termination. (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (180) days advance written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) The termination of the corporate existence of the CHAMBER; (ii) The insolvency of the CHAMBER, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the CHAMBER for the benefit of creditors; (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the CHAMBER for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) , The failure of the CHAMBER to submit a financial report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. VI. ORNUAL PROVISIONS 6.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the CHAMBER with another private entity, person, or organi- zation for the performance of those services described in 12.1 above. In the event that the CHAMBER enters into any arrangement, contractual or otherwise, with such other entity, person or organi- zation, the CHAMBER shall cause such other entity, person, or orga- nization to adhere to, conform to, and be subject to all provi- sions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds main- tenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Acknowledgement of Denton Convention and Visitors Bureau. The CITY acknowledges that the services contemplated in this Agreement • may be performed by the Denton Convention and Visitors bureau, a wholly-owned and managed entity within the CHAMBER. Any and all • rights, benefits, obligations, and duties under this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to the expenditure of the agreed payments and hotel tax funds, shall inure to the benefit and obligation of the Denton Convention and Visitors Bureau. The PAGE 7 • i • Bureau shall not be construed to be a subcontractor or assignee under 16.1 or 16.4 of this Agreement. 6.3 Independent Contractor. The CHAMBER shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The CHAMBER shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the CHAMBER shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The CHAMBER shall not be considered a partner or joint venturer with the CITY, nor shall the CHAMBER be considered nor in any manner hold itself out as an agent or official representative of the CITY. 6.4 Assignment. The CHAMBER shall not assign this Agreement without first obtaining the written consent of the CITY. 6.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United states mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: CITY CHAMBER If By Mail: City Manager President City of Denton Denton Chamber of Commerce 215 E. McKinney Drawer P Denton, TX 76201-4299 Denton, TX 76202 If by hand-delivery: President Denton Chamber of Commerce 414 K. Parkway Denton, TX 76201 6.6 Inurement. This Agreement and each provision hereof, and each an3 every right, duty, obligation, and liability sat forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the CHAMBER and their respective successors and assigns. • 6.7 Application of Lars. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. ?AGE 8 ..._r • • G.@ zxolusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- sent, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 4.9 Duplicate Originals. This Agreement is executed in duplicate originals. 6.10 Readings. The headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted sorely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. EXECUTED this day of , 1997. THE CITY OF DENTON, TEXAS By: JACK MILLER, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: By. By. eL X' JENNIFER WALTERS, HERBERT L. PROUTYp CITY SECRETARY CITY ATTORNEY • DENTON CHA.yBER OF COMMERCE 3 By: L~►i•s q President i _ is PAGE 9 :_7 M-11 4 I i ATTEST: APPROVED AS TO LEGAL FORK: By: By: Secretary i f 1 i i' At \CHJL"BR.K PACE 1G S; . s iryr ,>>Y~.. >ry~Y\~~"~~f~r; ti`. • ~i. , ~k ' Y ~S+}~~~`xj { ~~~v, k~ i~ t . ~~:i • Aper4a NO._~I Agenda Item Data ORDINANCE NO. I l t AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY AMPHITHEATRE ASSOCIATION, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEQl9tLj. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton County Amphitheatre Association, Inc. for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. EECTION IL That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: i HERBERT L. PROUTY, CITY ATTORNEY ' i I, r r ~ ~4 • AGREEMENT BETWEEN THE CITY Of DENTON AND THE DENTON COUNTY ANPHITHEATAE ASSOCIATION, INC. (97-98) PROVIDING TOR THE PAYMENT AND USE Or HOTEL TAI REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "CITY"), and the Denton County Amphitheatre Association, Inc., a legal entity existing under the laws of the State of Texas (the "ASSOCIATION"): WHEREAS, TEX. TAX CODE S 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance, the CITY has provided for the assess- ment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%); and WHEREAS, TEX. TAX CODE 6351.101 (a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, the ASSOCIATION is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the ASSOCIATION as an independent entity the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the • ASSOCIATION agree and contract as follows; i I. HOTEL TAI AEVENNUE PAYNEIT TO ABBOCIATIONN 1.1 Consideration. For and in consideration of the activities to be performed by the ASSOCIATION under this Agreement, the CITY • agrees to pay to the ASSOCIATION a portion of the hotel tax revenue • collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the ASSOCIATION sometimes herein referred to as "the agreed payments" or "hotel tax funds"). r: C_.- , • 1.2 Amount of Payments to Association. (a) As used in this agreement, the following terms shall have the following specific meanings: (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i. e,, fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (71) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE 5351.002 and city ordinance, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to ASSOCIATION an amount of money equal to forty-four one hundredths of a percent (0.440 of the base payment amount for the period of October 1, 1997 through September 30, 1998 or Three Thousand Dollars ($3,000.00), whichever is less. 1.3 Dates of Payments to Association. • (a) The term "quarterly payments" shall mean payments by the CITY to the ASSOCIATION of those amounts specified in =1.2 above as determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the ASSOCIATION the agreed payments specified in 11.2 above by quarterly payments paying forty-four one • hundredths of a percent (0.441) of the base payment amount • • (quarterly) for the first three quarters of the fiscal year and the percentage of the bass payment amount for the last quarter of the fiscal year shall be adjusted so that the total of the quarterly base payment amounts shall not exceed Three Thousand Dollars ($3,000) during the 1997-98 fiscal year. Each such quarterly PAGE 2 • • payment shall be paid to the ASSOCIATION on or before the forty- fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the ASSOCIATION. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. II. USE OF HOTEL TAI REVENUE BY ASSOCIATION 2.1 Use of Funds. For and in consideration of the payment by the CITY to the ASSOCIATION of the agreed payments of hotel tax funds specified above, the ASSOCIATION agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity, as authorized by TEX. TAX CODE S 351.101(a). 2.2 Administrative Costs. The hotel tax funds received from the CITY by the ASSOCIATION may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the ASSOCIATION of those activities specified in 12.1 above and are allowed by TEX. TAX CODE $ 351.101(f). 2.3 specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the ASSOCIATION for which hotel tax funds may be used shall not exceed that portion of the ASSOCIATION'S administrative costs actually incurred in conducting the activities specified in 12.1 above. (b) Hotel tax funds may not be spent for travel for a person : to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. i PAGE 3 4 4. 0 • III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or about September 1 and prior to the disbursement of any funds for the 1997-98 fiscal year, the ASSOCIATION shall prepare and submit to the City Manager of the CITY an annual budget for such fiscal year for the ASSOCIATION and any other operation or function of the ASSOCIATION in which the hotel tax funds shall be used by the ASSOCIATION. This budget shall specifically identify proposed expenditure of hotel tax funds by the ASSOCIATION. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the ASSOCIATION any hotel tax revenues as set forth in Section I. of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds in such Section I. (b) The ASSOCIATION acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the ASSOCIATION with respect to the hotel tax funds paid by the CITY to the ASSOCIATION under this Agreement. The ASSOCIATION shall expend hotel tax funds only in the manner and for the purposes specified in $ 351.101(a) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 Separate Accounts. The ASSOCIATION shall maintain any hotel tax funds paid to the ASSOCIATION by the CITY in a separate account. 3.3 Financial Records. The ASSOCIATION shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the ASSOCIATION and, upon reasonably advance written request of the Denton City Council or the City's At,ststant City Manager of Finance or his designee or other person, shall make such financial records available for inspection and review by the Denton • City Council or the City's Assistant City Manager of Finance or his designee or other person. 3.4 Quarterly Reports. Within thirty days after the end of every quarter, the ASSOCIATION shall furnish to the CITY (1) a perfor- mance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities • performed under this Agreement during that rur,rter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. $ 351.101(c) (Vernon 1994). The ASSOCIATION shall promptly respond to any request from the City Manager of the CITY for additional information relating to the activities performed under this Agreement. PAGE 4 • • 3.5 Notice of Meetings. The ASSOCIATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the Denton County Anphitheatre Association, Inc. Board of Directors, as well as any other meeting of any constituency of the ASSOCIATION at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the ASSOCIATION to give notice of any executive session of the Executive Committee of the ASSOCIATION. IV. RLIKBIIRBlMLMT AND INDE"I?ICATION 4.1 Reimbursement of Association for Administrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the ASSOCIATION for any and all expenses and costs undertaken by the ASSOCIATION in performance of those activities specified in 12.1 above or expenses or costs incurred by the ASSOCIATION as described in 12.2 above. The CITY is obligated to reimburse the ASSOCIATION for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the ASSOCIATION during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the ASSOCIATION for such period. 4.2 Reimbursement of Association for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the ASSOCIATION for any and all contractual obligations of the ASSOCIATION undertaken by the ASSOCIATION in performance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to • the contrary, the obligation of the CITY to reimburse the ASSOCI- ATION or to assume the performance of any contractual obligations of the ASSOCIATION for or under any contract entered into by the r ASSOCIATION as contemplated herein shall not exceed FIVE HUNDRED DOLLARS ($500.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contract basis. • 4.3 Payment of Reimbursement to Association. • • (a) With respect to expenses and costs incurred by the J ASSOCIATION for which the CITY is obligated to reimburse the ASSOCIATION pursuant to 14.1 above, the CITY shall pay such PAGE 5 • 0 reimbursement amount due, if any, to the ASSOCIATION on or before the forty-fifth (45th) day after the date of termination of this Agreement. (b) with respect to contractual obligations undertaken by the ASSOCIATION for which the CITY is obligated to reimburse the ASSOCIATION as provided in 14.2 above, the CITY shall reimburse the ASSOCIATION for such monetary obligations required in such contrac- tual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 14.2 above. 4.4 Indemnification. The ASSOCIATION agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the ASSOCIATION or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of ASSOCIATION, its officers, employees, agents, subcontractors, licensees and invitees. V. TEltx AND TZRXIMATI0N s.1 Term. The term of this Agreement shall commence on October 1, 1997 and terminate at midnight on September 30, 1998. This term shall be a period of one year. 5.2 Termination. (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (180) days advance written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) The termination of the legal existence of the v ASSOCIATION; (ii) The insolvency of the ASSOCIATION, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the ASSOCIATION for the benefit of _ creditors; PAGE 6 R • • (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the ASSOCIATION for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) The failure of the ASSOCIATION to submit a finan- cial report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. VI. GENLRAL PROVISIONS 6.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the ASSOCIATION with another private entity, person, or organization for the performance of those services described in 12.1 above. In the event that the ASSOCIATION enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the ASSOCIATION shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 352, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Independent Contractor. The ASSOCIATION shall operate as ati independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The ASSOCIATION shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the ASSOCIATION shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The ASSOCIATION shall not be considered a partner or joint venturer with the CITY, nor shall the ASSOCIATION be considered nor in any • manner hold itself out as an agent or official representative of the CITY. i 6.3 Assignment. The ASSOCIATION shall not assign this Agreement without first obtaining the written consent of the CITY. 6.6 Notice. Any notice required to be given under this Agreement , • or any statute, ordinance, or regulation, shall be effective when ` • given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: PAGE 7 z • i . s..:'..er.w....-...r _r •...~a~t`I.4ltiMleS\V: . ...•.\y..\riy.Jn'ai.~.ar:.n.'!wr•::. ii.rp r+ti.:.A'~♦.Ya`~t~r CITY ASSOCIATION city Manager Chairman/Director City of Denton Denton County Amphitheatre 215 E. McKinney Association, Inc. Denton, TX 76201-4299 Peggy Capps 915 W. Oak Denton, TX 76201 6.5 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth heroin shall be binding upon and inure to the benefit and obligation of the CITY and the ASSOCIATION and their respective successors and assigns. 6.6 Application of Law, All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 6.7 Zzolusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto, concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 6.8 Duplicate Originals. This Agreement is executed in duplicate originals. 6.9 Headings. The headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. r { EXECUTED this day of , 1997. • THE CITY OF DENTON, TEXAS • • Bys JACK MILLER, MAYOR r PAGE 8 r~snYiM 1 ii~~ ■ '~'ir`yiRA~ ' • •.JULY.rww.r.6{Y:1MY~v.O~Y~r~n-~r~~rlY1:2/t M.Irr+nr.~anr -~~~~u.~_r_~ , ATTEST: APPROVED AS TO LEGAL FORM: rel By; By: c JENNIFER WALTERS, HERBYRT L. PROUTY, CITY SECRETARY CITY ATTORNEY DENTON COUNTY AMPHITHEATRE ASSOCIATP19 INC. By: Cha /D rector ATTEST: APPROVED AS TO LEGAL FORM: By: BY: Secretary • r r . PAGE 9 ; , • Agenda No. - 3 / Agenda Ite Dale _ _ , ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL MUSEUM FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton County Historical Museum for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION ii. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: f HERBERT L. PROUTY, CITY ATTORNEY ' • By: ~~fr~4edf .rrG 41 • i r, s all, AaREE![M BETIIEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL MUSEUM (97-96) PROVIDING TOR THE PAYXENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "City"), and the Denton County Historical Museum, a non-profit corporation incorporated under the laws of the State of Texas (the "Museum"): WHEREAS, TEX. TAX CODE 5 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7t) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, the CITY has provided for the assess- ment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7t); and WHEREAS, TEX. TAX CODE 5351.101 (a) (5) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote 0 tourism and the convention and hotel industry performing historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities, or located elsewhere in the municipality or its vicinity that would be frequented by tourists, convention dele- gates, or other visitors to the municipality; and WHEREAS, the MUSEUM is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the MUSEUM as a private organization the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the . 1 mutual covenants and promises contained herein, the CITY and the MUSEUM agree and contract as follows; 1. HOTEL TAX REVENUE PAYXENT TO XUSEUX L N i.i consideration. For and in consideration of the activities to be performed by the MUSEUM under this Agreement, the CITY agrees to pay to the MUSEUM a portion of the hotel tax revenue collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the MUSEUM sometimes herein referred to as "the agreed payments" or "hotel tax funds"). i t milli FN Y • • 1.2 Amount of Payments to Museum. (a) As used in this agreement, the following terms shall have the following specific meanings: (i) Th• "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (71) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE $351.002 and City Ordinance, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to MUSEUM an amount of money equal to eight and ninety one hundredths of a percent (8.901) of the base payment amount for the period of October 1, 19970 through September 30, 1998 or Sixty Thousand, Three Hundred Eight Dollars ($60,308.00), whichever is less. 1.3 Dates of Payments to Museum. • (a) The term "quarterly payments" shall mean payments by the CITY to the MUSEUM of those amounts specified in 11.2 above as determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the MUSEUM the agreed payments specified • in 11.2 above by quarterly payments paying eight and ninety one hundredths of a percent (8.901) of the base payment amount • • (quarterly) for the first three quarters of the fiscal year and the percentage of the base payment amount for the last quarter of the fiscal year shall be adjusted so that the total of the quarterly base payment amounts shall not exceed Sixty Thousand, Three Hundred Eight Dollars ($60,308.00) during the 1997-98 fiscal year. Each such quarterly payment shall be paid to the MUSEUM on or before the PAGE 2 1 _eJ i. ~ fia...l . • • forty-fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the MUSEUM. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. II. USE Or HOTEL TAI REVENUE BY NvsEUX 2.1 Use of Funds. For and in consideration of the payment by the CITY to the MUSEUM of the agreed payments of hotel tax funds specified above, the MUSEUM agrees to use such hotel tax funds only for the following purposes: (a) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity; and (b) historical restoration and preservation projects or activities or advertising and conducting solicitations and promo- tional programs to encourage tourists and convention delegates to visit preserved historic sites or museums; (i) at or in the immediate vicinity of convention center facilities or visitor information centers; or (ii) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates. • as authorized by TEX. TAX CODE S 351.101(a) (3) i (5). 2.2 Administrative Costs. The hotel tax funds received from the CITY by the MUSEUM may be spent for day-to-day operations, sup- plies, salaries, office rental, travel expenses, and other admini- strative costs that are incurred directly in the performance by the MUSEUM of those activities specified in 12.1 above and are allowed • by TEX. TAX CODE S 351.101(f). • O 2.3 specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the MUSEUM for which hotel tax funds may be used shall not exceed that portion of the MUSEUM'S administrative costs actually incurred in con- ducting the activities specified in 12.1 above. PAGE 3 r~ • • (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or about September 1 and prior to the disbursement of any funds for the 1997-98 fiscal year, the MUSEUM shall prepare and submit to the City Manager of the CITY an annual budget for such fiscal year for the MUSEUM and any other operation or function of the MUSEUM in which the hotel tax funds shall be used by the MUSEUM. This budget shall specifically identify proposed expenditure of hotel tax funds by the MUSEUM. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the MUSEUM any hotel tax revenues as set forth in Section I. of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds in such Section I. (b) The MUSEUM acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the MUSEUM with respect to the hotel tax funds paid by the CITY to the MUSEUM under this Agreement. The MUSEUM shall expend hotel tax funds only in the manner and for the purposes specified in S 351.101(a) (3) i (5) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 Separate Accounts. The MUSEUM shall maintain any hotel tax funds paid to the MUSEUM by the CITY in a separate account. 3.3 Financial Records. The MUSEUM shall maintain complete and accurate financial records of each expenditure of the hotel tax • funds made by the MUSEUM and, upon reasonably advance written re- J quest of the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person, shall make such j financial records available for inspection and review by the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person. • 3.4 Quarterly Reports. Within thirty days after the end of every • • quarter, the MUSEUM shall furnish to the CITY (1) a performance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. $ 351.101(c) (Vernon 1994). The MUSEUM shall promptly respond to any request from the City Manager of the CITY PAGE 4 • • for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The MUSEUM shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the Denton County Historical Museum Board of Directors as well as any other meeting of any constituency of the MUSEUM at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the MUSEUM to give notice of any executive session of the Executive Committee of the MUSEUM. IV. REIMBURSEKENT AND INDZKNIPICATION 4.1 Reimbursement of Museum for Administrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the MUSEUM for any and all expenses and costs undertaken by the MUSEUM in performance of those activities specified in q2.1 above or expenses or costs incurred by the MUSEUM as described in 12.2 above. The CITY is obligated to reimburse the MUSEUM for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is,given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the MUSEUM during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the MUSEUM for such period. 4.2 Reimbursement of Museum for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the MUSEUM for any and all contractual obligations of the MUSEUM undertaken by the MUSEUM in performance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obliga- tion of the CITY to reimburse the MUSEUM or to assume the perfor- mance of any contractual obligations of the MUSEUM for or under any ! contract entered into by the MUSEUM as contemplated herein shall not exceed THREE THOUSAND DOLLARS ($3,000.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contract basis. 4.3 payment of Reimbursement to Museum, • O (a) With respect to expenses and costs incurred by the MUSEUM for which the CITY is obligated to reimburse the MUSEUM pursuant to 14.1 above, the CITY shall pay such reimbursement amount due, if any, to the MUSEUM on or before the forty-fifth (45th) day after the date of termination of this Agreement. PAGE 5 Mai • • (b) With respect to contractual obligations undertaken by the MUSEUM for which the CITY is obligated to reimburse the MUSEUM as provided in 14.2 above, the CITY shall reimburse the MUSEUM for such monetary obligations required in such contractual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 14.2 above. 4.4 Indemnification. The MUSEUM agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the MUSEUM or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of MUSEUM, its officers, employees, agents, subcontractors, licensees and invitees. 4.3 Iasnranae. The MUSEUM shall provide insurance as follows: $500,000 Commercial General Liability Statutory Workers' Compensation and Employers' Liability ($250,000/$500,000/$250,000) $500,000 Business Automobile Liability The CITY must be named as an additional insured (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by the CITY. V. ?6RX MM Tz"INATI0N 3.1 Term. The term of this Agreement shall commence on October 1, 1997 and terminate at midnight on September 30, 1998. This tern shall be a period of one year. 5.2 Termination. • (a) This Agreement may be terminated by either party by r giving the other party one hundred eighty (180) days advance written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: (1) The termination of the corporate existence of the s MUSEUM; (ii) The insolvency of the MUSEUM, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the MUSEUM for the benefit of creditors; 4 PAGE 6 l • • (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the MUSEUM for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) The failure of the MUSEUM to submit a financial report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. VI. GENERAL PROVISIONS 6.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the MUSEUM with another private entity, person, or organi- zation for the performance of those services described in 12.1 above. In the event that the MUSEUM enters into any arrangement, contractual or otherwise, with such other entity, person or organi- zation, the MUSEUM shall cause such other entity, person, or orga- nization to adhere to, conform to, and be subject to all provi- sions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds main- tenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Independent Contractor. The MUSEUM shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The MUSEUM shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the MUSEUM shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The MUSEUM shall not be considered a partner or joint venturer with the CITY, nor shall the MUSEUM be considered nor in any manner hold itself out as an agent or official representative of the CITY. • 6.3 Assignment. The MUSEUM shell not assign this Agreement without first obtaining the written consent of the CITY. 6.6 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or re,alation, shall be effective when given in writing and deposited in the United States mail, certified • mail, return receipt requested, or by hand-delivery, addressed to • • the respective parties as follows: t PAGE 7 i f , ]cam f3~LY.W-1CY City manager Chair, Board of Trustees City of Denton Denton County Historical Museum 215 E. McKinney P. O. Box 2800 Denton, TX 76201-4299 Denton, TX 76202 Hand Delivery: 110 W. Hickory Denton, TX 76201 6.5 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the MUSEUM and their respective successors and assigns. 6.6 Application of Lars. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 6.7 EYClusive ,&greement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 6.6 Duplicate Originals. This Agreement is executed in duplicate originals. 6.9 Readings. The headings and subheadings of the various sec- tions and paragraphs of this Agreement are ;.nserted merely for the purpose of convenience and do not express ov imply any limitation, definition, or extension of the specific ti!ras of the section and paragraph so designated. EXECUTED this day of , 1997. THE CITY OF DENTON, TEXAS By: JACK MILLER, MAYOR PAGE 8 y 791 i • : . ATTEST: APPROVED AS TO LEGAL FORM: r ~J4 By: Sy: JENNIFER WALTERS, HERBERT L. PROUTY, CITY SECRETARY CITY ATTORNEY DENTON COUNTY HISTORICAL MUSEUM By 61VIVMW;d o Trustees ATTEST: APPROVED AS TO LEGAL FORM: By: By; Secretary i • f ' .y A: \KUSEUM.IC PAGE 9 • - w 2 ~'i~, ,7 • ' .r.A.. a'-:n.-..l•rt'ti.wa•~.....+.-..,...yw+.!w....-.w.~.~....,.+.~.r~H~ww,Vrw~r-+ Agenda No Agenda Item Date ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR FO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FESTIVAL FOUNDATION, INC. FOR TIM PAYMENT AND USE OF HOTEL TAX REVENUE: AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION . That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Festival Foundation, Inc. for the payment and use of hotel tax revenue, under the terns and conditions contained in the agreement, a copy of which is attached hereto and trade a part hereof. SECTION 1, Thai this ordinance shall become effective immediately upon its passage and appro-ra1. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 4 f ' BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ' 7 / y BY: r k I • • AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FESTIVAL FOUNDATION, INC. (97-95) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENMZ THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "CITY"), and the Den::on Festival Foundation, Inc., a legal entity existing under the laws of the State of Texas (the "FOUNDATION"): WHEREAS, TEX. TAX CODE S 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7i) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance, the CITY has provided for the assess- ment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%) ; and WHEREAS, TEX. TAX CODE 5351.301 (a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, the FOUNDATION is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the FOUNDATION as an independent entity the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the • FOUNDATION agree and contract as follows; I. HOTEL TAX REVENUE PAYMENT TO FOUNDATION i.1 consideration. For and in consideration of the activities to be performed by '-he FOUNDATION under this Agreement, the CITY agrees to pay to the FOUNDATION a portion of the hotel tax revenue collected by thri CITY at the rates and in the manner specified • • herein (such payments by the CITY to the FOUNDATION sometimes herein referred to as "the agreed payments" or "hotel tax funds"). II Ili • • • • 1.2 Amount of Payments to Foundation. (a) As used in this agreement, the following terms shall have the following specific meanings: (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (71) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE $351.002 and City Ordinance, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. I (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to FOUNDATION an amount of money equal to five and ninety one hundredths of a percent (5.90%) of the base payment amount for the period of October 1, 1997 through September 30, 1998 or Forty Thousand Dollars ($40,000.00), whichever is less. 1.3 Dates of Payments to Foundation. • (a) The term "quarterly payments" shall mean payments by the CITY to the FOUNDATION of those amounts specified in 51.2 above as determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the FOUNDATION the agreed payments specified in 51.2 above by quarterly payments paying five and • ninety one hundredths of a percent (5.90%) of the base payment amount (quarterly) for the first three quarters of the fiscal year ♦ • and the percentage of the base payment amount for the last quarter of the fiscal year shall be adjusted so that the total of the quarterly base payment amounts shall not exceed Forty Thousand Dollars ($40,000) during the 1997-98 fiscal year. Each such ! PAGE 2 • quarterly payment shall be paid to the FOUNDATION on or before the forty-fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the FOUNDATION. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. II. USE O! EOTEL TAI R" MME BY lOMMATIOW 2.1 Use of Tuads. For and in consideration of the payment by the CITY to the FOUNDATION of the agreed payments of hotel tax funds specified above, the FOUNDATION agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity, as authorized by TEX. TAX CODE S 351.101(x). 2.2 Administrative Costs. The hotel tax funds received from the CITY by the FOUNDATION may be spent for day-today operations, sup- plies, salaries, office rental, travel expenses, and other admini- strative costs that are incurred directly in the performance by the FOUNDATION of those activities specified in 12.1 above and are allowed by TEX. TAX CODE S 351.101(f). 2.3 specific Restrictions on Use of funds. (a) That portion of total administrative costs of the FOUNDATION for which hotel tax funds may be used shall not exceed that portion of the FOUNDATIONS administrative costs actually • incurred in conducting the activities specified in 12.1 above. (b) Hotel tax funds may not be spent for travel for a person r to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. • • • J PAGE 3 • • III. RECORD KEEPING AND REPORTING REQOIREKENTS 3.1 Budget. (a) On or about September 1 and prior to the disbursement of any funds for the 1997-98 fiscal year, the FOUNDATION shall prepare and submit to the City Manager of the CITY an annual budget for such fiscal year for the FOUNDATION and any other operation or function of the FOUNDATION in which the hotel tax funds shall be used by the FOUNDATION. This budget shall specifically identify proposed expenditure of hotel tax funds by the FOUNDATION. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the FOUNDATION any hotel tax revenues as set forth in Section I. of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds in such Section I. (b) The FOUNDATION acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the FOUNDATION with respect to the hotel tax funds paid by the CITY to the FOUNDATION under this Agreement. The FOUNDATION shall expend hotel tax funds only in the manner and for the purposes specified in $ 351.101(a) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 Separate Accounts. The FOUNDATION shall maintain any hotel tax funds paid to the FOUNDATION by the CITY in a separate account. 3.3 Financial Records. The FOUNDATION shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the FOUNDATION and, upon reasonably advance written request of the Denton City Council or the Cityfs Assistant City Manager of Finance or his designee or other person, shall make such financial records available for inspection and review by the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person. 3.4 Quarterly Reports. Within thirty days after the end of every quarter, the FOUNDATION shall furnish to the CITY (1) a performance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. S 351.101(c) (Vernon 1994). The FOUNDATION f • • shall promptly respond to any request from the City Manager of the CITY for additional information relating to the activities performed under this Agreement. PAGE 4 I r I • 3.5 Notice of Keating. The FOUNDATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the Denton Festival Foundation, Inc. Board of Directors, as well as any other meeting of any constituency of the FOUNDATION at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the FOUNDATION to give notice of any executive session of the Executive Committee of the FOUNDATION. IV. REI"URBEKENT AND INDEKNIPICA?ION 4.1 Reimbursement of Association for Administrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the FOUNDATION for any and all expenses and costs undertaken by the FOUNDATION in performance of those activities specified in 12.1 above or expenses or costs incurred by the FOUNDATION as described in 12.2 above. The CITY is obligated to reimburse the FOUNDATION for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the FOUNDATION during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the FOUNDATION for such period. 4.2 Reimbursement of Foundation for Contractual obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the FOUNDATION for any and all contractual obligations of the FOUNDATION undertaken by the FOUNDATION in performance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the FOUNDA- 0 TION or to assume the performance of any contractual obligations of the FOUNDATION for or under any contract entered into by the FOUNDATION as contemplated herein shall not exceed TWO THOUSAND DOLLARS ($2,000.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contract basis. 0 4.3 Payment of Reimbursement to Foundation. 0 0 (a) with respect to expenses and costs incurred by the FOUNDATION for which the CITY is obligated to reimburse the FOUNDATION pursuant to 14.1 above, the CITY shall pay such PAGE 5 i • • reimbursement amount due, if any, to the FOUNDATION on or before the forty-fifth (45th) day after the date of termination of this Agreement. (b) With respect to contractual obligations undertaken by the FOUNDATION for which the CITY is obligated to reimburse the FOUNDATION as provided in 14.2 above, the CITY shall reimburse the FOUNDATION for such monetary obligations required in such contrac- tual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 14.2 above. 4.4 Indemnification, The FOUNDATION agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the FOUNDATION or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of FOUNDATION, its officers, employees, agents, subcontractors, licensees and invitees. 4.5 Insurance. The FOUNDATION shall provide insurance as follows: $500,000 Commercial General Liability Statutory Workers' Compensation and Employers' Liability ($250,000/$500,000/$250,000) $500,000 Business Automobile Liability The CITY must be named as an additional insured (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by the CITY. V. TERX AND TERXINATION 5.1 Term. The term of this Agreement shall commence on October 1, • 1997 and terminate at midnight on September 30, 1998. This term shall be a period of one year. i 5.2 Termination. (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (280) days advance y _ written notice. • • (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: PAGE 6 4 • • (i) The termination of the legal existence of the FOUNDATION; (ii) The insolvency of the FOUNDATION, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the FOUNDATION for the benefit of credi- tors; (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the FOUNDATION for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) The failure of the FOUNDATION to submit a financial report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. VI. GZXZRJIL PROVISIONS 6.1 Subcontract for Porformanc• of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the FOUNDATION with another private entity, person, or organization for the performance of those services described in 12.1 above. In the event that the FOUNDATION enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the FOUNDATION shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Indopenasnt Contractor. The FOUNDATION shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The FOUNDATION shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the FOUNDATION shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The FOUNDATION shall not be considered a partner or joint venturer with • the CITY, nor shall the FOUNDATION be considered nor in any manner • hold itself out as an agent or official representative of the CITY. 6.3 Assignment. The FOUNDATION shall not assign this Agreement without first obtaining the written consent of the CITY. PAGE 7 • • 6.4 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: CITY FOUNDATION City Manager Chairman/Director City of Denton Denton Festival Foundation, Inc. 215 E. McKinney P. O. Box 2104 Denton, TX 76201-4299 Denton, TX 76201 Hand Delivery: 319 Pennsylvania Dr. Denton, TX 76205 6.5 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the FOUNDATION and their respective successors and assigns. 6.6 Application of Lars. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 6.7 Lnolusive lgreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 6.e Duplicate Originals. This Agreement is executed in duplicate r originals. 6.9 Headings. The headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted merely for the • purpose of convenience and do not express or imply any limitation, • definition, or extension of the specific terms of the section and paragraph so designated. J I PAGE 8 1 , EXECUTED this day of , 1997. THE CITY OF DENTON, TEXAS By: JACK MILLER, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: H t « < By, B HERBERT L. PROUTY, Y• JENNIFER WALTERS, CITY SECRETARY CITY ATTORNEY DENTON FESTIVAL FOUNDATION, INC. By: ~I/~26tL Chairman/Director ATTEST: APPROVED AS TO LEGAL FORM: By: By: Secretary ~r A r A,\rESTiVAL,x PAGE 9 Apr .1. 1s • s -~f' t.a.~ '~7P ,r~ f .'V"ir ! t.L~.lra, e~ .fie ~„7 Z M ' yk • • AWda No. 97-0 Apenda Item cote ORDINANCE NO. _ AN ORDINANCE AUTHOP.IZTNG THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON HISPANIC CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Hispanic Chamber of Commerce for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof SECTION 11. That this ordinance shah 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 FORMi HERBERT L. PROUTY, CITY ATTORNEY I BY: i I 1 s - eT Tm' • . , t AGREEMENT BETWEEN THE CITY Or DENTON AND THE DMfTON HISPANIC CHAMBER Or COMMERCE (97-98) PROVIDING FOR THE PAYMENT AND USE Or HOTEL TAY REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "CITY"), and the Denton Hispanic Chamber of Commerce, a legal entity existing under the laws of the State of Texas (the "CHAMBERd): WHEREAS, TEX. TAX CODE S 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (73) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance, the CITY has provided for the assess- ment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (74); and WHEREAS, TEX. TAX CODE $351.101 (a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, the CHA14BER is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the CHAMBER as an independent entity the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the 0 CHAMBER agree and contract as follows; 1. HOTEL TAX REVENUE PAYMENT TO CHAMBER i.i consideration. For and in consideration of the activities to be performed by the CHAMBER under this Agreement, the CITY agrees to pay to the CHAMBER a portion of the hotel tax revenue collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the CHAMBER sometimes herein referred to as the agreed payments" or "hotel tax funds"). • • 1.2 Amount of Payments to chamber. (a) As used in this agreement, the following terms shall have the following specific meanings: (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE $351.002 and City Ordinance, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to CHAMBER an amount of money equal to forty-seven one hundredths of a percent (0.47%) of the base payment amount for the period of October 1, 1997 through September 30, 1996 or Three Thousand, Two Hundred Dollars ($3,200.00), whichever is less. 1.3 Dates of Payments to Chamber. (a) The term "quarterly payments" shall mean payments by the CITY to the CHAMBER of those amounts specified in 11.2 above as determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the CHAMBER the agreed payments specified • in 11.2 above by quarterly payments paying forty-seven one hundredths of a percent (0.47%) of the base payment amount O O (quarterly) for the first three quarters of the fiscal year end the percentage of the base payment amount for the last quarter of the fiscal year shall be adjusted so that the total of the quarterly base payment ;mounts shall not exceed Three Thousand, Two Hundred PAGE 2 • Dollars ($3,200) during the 1997-98 fiscal year. Each such quarterly payment shall be paid to the CHAMBER on or before the forty-fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the CHAMBER. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. II. USE OF HOTEL TAX RLVENIIE BY CNAKBER 2.1 use of Funds. For and in consideration of the payment by the CITY to the CHAMBER of the agreed payments of hotel tax funds specified above, the CHAMBER agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity, as authorized by TEX. TAX CODE S 351.101(x). 2.2 Adoinistrstive costs. The hotel tax funds received from the CITY by the CHAMBER may be spent for day-to-day operations, sup- plies, salaries, office rental, travel expenses, and other admini- strative costs that are incurred directly in the performance by the CHAMBER of those activities specified in 12.1 above and are allowed by TEX. TAX CODE S 351.101(f). 2.3 specific Restrictions on use of Funds. (a) That portion of total administrative costs of the CHAMBER for which hotel tax funds may be used shall not exceed that portion of the CHAMBER'S administrative costs actually incurred in con- ducting the activities specified in 12.1 above. i (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. ♦ • i PAGE 3 ~f ~a+..._... ...r, 'fit • • III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or about September 1 and prior to the disbursement of any funds for the 1997-98 fiscal year, the CHAMBER shall prepare and submit to the City Manager of the CITY an annual budget for such fiscal year for the CHAMBER and any other operation or function of the CHAMBER in which the hotel tax funds shall be used by the CHAMBER. This budget shall specifically identify proposed expenditure of hotel tax funds by the CHAMBER. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the CHAMBER any hotel tax revenues as set forth in Section I. of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds in such Section I. (b) The CHAMBER acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the CHAMBER with respect to the hotel tax funds paid by the CITY to the CHAMBER under this Agreement. The CHAMBER shall expend hotel tax funds only in the manner and for the purposes specified in $ 351.101(a) TEX. TAX CODE and in the budget as approved by the CITY. t 3.2 Separate Accounts. The CHAMBER shall maintain any hotel tax funds paid to the CHAMBER by the CITY in a separate account. 3.3 tinanoial Records. The CHAMBER shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the CHAMBER and, upon reasonably advance written re- quest of the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person, shall make such financial records available for inspection and review by the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person. • 3.4 Quarterly Reports. Within thirty days after the end of overy quarter, the CHAMBER shall furnish to the CITY (1) a performance report of the work performed under this Agreement, in the foam determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the • TEX. TAX CODE ANN. 5 351.101(c) (Vernon 1994). The CHAMBER shall promptly respond to any request from the City Manager of the CITY • • for additional information relating to the activities performed under this Agreement. PAGE 4 i i 3.5 Notice of Xeotings. The CHAMBER shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the Denton Hispanic Chamber of Commerce Board of Directors, as well as any other meeting of any constituency of the CHAMBER at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the CHAMBER to give notice of any executive session of the Executive Committee of the CHAMBER. IV, RLINBVRBE)(ENT AND INDEMNIFICATION 4.1 Reimbursement of Chamber for Administrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the CHAMBER for any and all expenses and costs undertaken by the CHAMBER in performance of those activities specified in 12.1 above or expenses or costs incurred by the CHAMBER as described in 12.2 above. The CITY is obligated to reimburse the CHAMBER for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the CHAMBER during the one hundred eighty, day period preceding termination or the agreed payments otherwise due and payable to the CHAMBER for such period. 4.2 Reimbursement of Chamber for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the CHAMBER for any and all contractu- al obligations of the CHAMBER undertaken by the CHAMBER in perfor- mance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon such contractual obliga- tions having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obliga- tion of the CITY to reimburse the CHAMBER or to assume the perfor- mance of any contractual obligations of the CHAMBER for or under any contract entered into by the CHAMBER as contemplated herein shall not exceed FIVE HUNDRED DOLLARS ($500.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contract basis. 4.3 Payment of Reimbursement to Chamber. • (a) With respect to expenses and costs incurred by the • • CHAMBER for which the CITY is obligated to reimburse the CHAMBER pursuant to 14.1 above, the CITY shall pay such reimbursement amount due, if any, to the CHAMBER on or before the forty-fifth (45th) day after the date of termination of this Agreement. PAGE 5 • • (b) With respect to contractual obligations undertaken by the CHAMBER for which the CITY is obligated to reimburse the CHAMBER as provided in 14.2 above, the CITY shall reimburse the CHAMBER for such monetary obligations required in si!,;h contractual obligation in such amounts and at those times such contractual costs and expenses are due and payable accordir.g to the terms of such contract limitation set forth in 14.2 above. 4.4 Indemnification. The CHAMBER agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the CHAMBER or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of CHAMBER, its officers, employees, agents, subcontractors, licensees and invitees. V. TRRx AND TERNINATIOM 5.2 Term. The term of this Agreement shall commence on October 1, 1997 and terminate at midnight on September 30, 1998. This term shall be a period of one year. 5.2 Termination. (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (180) days advance written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) The termination of the legal existence of the CHAMBER; • (ii) The insolvency of the CHAMBER, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the CHAMBER for the benefit of creditors; (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the CHAMBER for more than thirty (30) days after written notice of • such breach is given to the breaching party by the other party; or • • PAGE 6 ~....~.7. _ - -r i...:r a , • • r. (iv) The failure of the CHAMBER to submit a financial report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. VI. GENERRL PROVISIONS 6.1 Subcontract for Performance of services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the CHAMBER with another private entity, person, or organi- zation for the performance of those services described in 12.1 above. In the event that the CHAMBER enters into any arrangement, contractual or otherwise, with such other entity, person or organi- zation, the CHAMBER shall cause such other entity, person, or orga- nization to adhere to, conform to, and be subject to all provi- sions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds main- tenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Independent Contractor. The CHAMBER shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The CHAMBER shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the CHAMBER shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The CHAMBER shall not be considered a partner or joint venturer with the CITY, nor shall the CHAMBER be considered nor in any manner hold itself out as an agent or official representative of the CITY. 6.3 Assignment. The CHAMBER shall not assign this Agreement l without first obtaining the written consent of the CITY. 6.4 Notice. Any notice required to be given under this Agreement 1 { or any statute, ordinance, or regulation, shall be effective when • given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as followa: ~iTY CHAMBF$ / City manager Chairman/Director City of Denton Denton Hispanic Chamber of Commerce • 215 E. McKinney 1607 East McKinney, Suite 900 • • Denton, TX 76201-1299 Denton, TX 76201 PAGE 7 • , 6.5 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the CHAMBER and their respective successors and assigns. 6.6 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 607 Hxolusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- l' standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- went, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. i 6.8 Duplioate,Original@. This Agreement is executed in duplicate originals. 6.9 Headings. The headings and subheadings of the various sec- j tions and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. EXECUTED this day of , 1997. THE CITY OF DENTON, TEXAS f By. JACK MILLER, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: B B: G L _ • JENNIFER WALTERS, HERBERT L. PROUTY, CITY SECRETARY CITY ATTORNEY PAGE 8 N ow i wig OW 4W6 - 1 , DENTON HISPANIC CHAMBER OF COMMERCE By: 'Ma rman/D rec or ATTEST: APPROVED AS TO LEGAL FORM: By: By: Secretary 1 L 1 r" i Af\HIBPAMIC.K PAGE 9 1 { rrnu'S :01 a-- r" 5t-r y f i r 1' • r Agenda No, ~~39 Agenda Item a T Cate 9 ✓z - 9 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON HOLIDAY FESTIVAL ASSOCIATION, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION . That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. EC1 ON 1[ 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 t BY: I APPROVED AS TO LEGAL FORM: I HERBERT L. PROUTY, CITY ATTORNEY ~ j ~~~5 l r o By, I • AGREEMENT BETI/EEN THE CITY OF DENTON AND THE DENTON HOLIDAY FESTIVAL ASSOCIATION, INC. (97-98) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "CITY"), and the Denton Holiday Festival Association, Inc., a legal entity existing under the laws of the State of Texas (the "ASSOCIATION"): WHEREAS, TEX. TAX CODE 5 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (74) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance, the CITY has provided for the assess- ment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7t); and WHEREAS, TEX. TAX CODE 5351.101 (a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, the ASSOCIATION is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the ASSOCIATION as an independent entity the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the ASSOCIATION agree and contract as follows; i 1. HOTEL TAX REVENUE PAYMENT TO ASSOCIATION i.1 consideration. For and in consideration of the activities to be performed by the ASSOCIATION under this Agreement, the CITY agrees to pay to the ASSOCIATION a portion of the hotel tax revenue collected by the CITY at the rates and in the manner specified • herein (such payments by the CITY to the ASSOCIATION sometimes herein referred to as "the agreed payments" or "hotel tax funds"), `r.. w 1;_I Ql~ • s 1.2 Arount of Payments to Association. (a) As used in this agreement, the following terms shall have tha following specific meanings: (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE $351.002 and City Ordinance, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorneyfs fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to ASSOCIATION an amount of money equal to forty-four one hundredths of a percent (0.44%) of the bass payment amount for the period of October 1, 1997 through September 30, 1998 or Three Thousand Dollars ($3,000.00), whichever is less. 1.3 Dates of Payments to Association. e (a) The tern "quarterly payments" shall mean payments by the CITY to the ASSOCIATION of those amounts specified in 11.2 above as determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the ASSOCIATION the agreed payments specified in 11.2 above by quarterly payments paying forty-four one • hundredths of a percent (0.44%) of the base payment amount (quarterly) for the first three quarters of the fiscal year and the • • J percentage of the base payment amount for the last quarter of the fiscal year shall be adjusted so that the total of the quarterly base payment amounts shall not exceed Three Thousand Dollars ($3,000) during the 1997-98 fiscal year. Each such quarterly PAGE 2 f 0 r • payment shall be paid to the ASSOCIATION on or before the forty- fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, thin CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the ASSOCIATION. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. Ile USE Or HOTEL TAX RENENQE BY ASSOCIATION 2.1 use of Funds. For and in consideration of the payment by the CITY to the ASSOCIATION of the agreed payments of hotel tax funds specified above, the ASSOCIATION agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity, as authorized by TEX. TAX CODE S 351.301(a). 2.2 hdministrative Costs. The hotel tax funds received from the CITY by the ASSOCIATION may be spent for day-to-day operations, supplies, saltiries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the ASSOCIATION of those activities specified in 12.1 above and are allowed by TEX. TAX CODE S 351.101(f). 20 Specific Restrictions on use of rands. (a) That portion of total administrative costs of the ASSOCIATION for which hotel tax funds may be used shall not exceed that portion of the ASSOCIATION'S administrative costs actually • incurred in conducting the activities specified in 12.1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. f t PAGE 3 • • a III. RECORD XEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or about September 1 and prior to the disbursement of any fends for the 1997-98 fiscal year, the ASSOCIATION shall prepare and submit to the City Manager of the CITY an annual budget for such fiscal year for the ASSOCIATION and any other operation or function of the ASSOCIATION in which the hotel tax funds shall be used by the ASSOCIATION. This budget shall specifically identify proposed expenditure of hotel tax funds by the ASSOCIATION. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the ASSOCIATION any hotel tax revenues as set forth in Section I. of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds in such Section I. (b) The ASSOCIATION acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the ASSOCIATION with respect to the hotel tax funds paid by the CITY to the ASSOCIATION under this Agreement. The ASSOCIATION shall expend hotel tax funds only in the nanner and for the purposes specified in $ 351.101(a) TEX. TAX CODE and in .he budget as approved by the CITY. 3.2 separate Accounts. The ASSOCIATION shall maintain any h~7te1 tax funds paid to the ASSOCIATION by the CITY in a separate account. 3.3 rinanoial Records. The ASSOCIATION shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the ASSOCIATION and, upon reasonably advance written 1 request of the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person, shall make such financial records available for inspection and review by the Denton • City Council or the City's Assistant City Manager of Finance or his designee or other person. r 344 Quarterly Reports. Within thirty days after the and of every quarter, the ASSOCIATION shall furnish to the CITY (1) a perfor- mance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list • of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. S 351.101(c) (Vernon 1994). The ASSOCIATION shall promptly respond to any request from the City Manager of the `J CITY for additional information relating to the activities performed under this Agreement. PAGE 4 I' ` .l • 3.S Notice of Keating. The ASSOCIATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the Denton Holiday Festival Association, Inc. Board of Directors, as well as any os:her meeting of any constituency of the ASSOCIATION at which this Agreement or any matter thu subject of this Agreement shall be considered. This provision shall not be deemed to require the ASSOCIATION to give notice of any executive session of the Executive Committee of the ASSOCIATION. IV. REI"VRBEMLNT AND INDEMIfICATION 4.1 Reimbursement of Association for Administrative costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agree:i to reimburse the ASSOCIATION for any and all expenses and costs undertaken by the ASSOCIATION in performance of those activities specified in 12.1 above or expenses or costs incurred by the ASSOCIATION as described in 12.2 above. The CITY is obligated to reimburse the ASSOCIATION for expanses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the ASSOCIATION during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the ASSOCIATION for such period. 4.2 Reimbursement of Association for Contractual obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the ASSOCIATION for any and all contractual obligations of the ASSOCIATION undertaken by the ASSOCIATION in performance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplate I in 12.1 above, and further conditioned upon such contractual obligations having a tern not exceeding the full term of this Agrees,.r.c. Notwithstanding any provision hereof to • the contrary, the obligation of the CITY to reimburse the ASSOCI- ATION or to assume the performance of any contractual obligations of the ASSOCIATION for or under any contract entered into by the ASSOCIATION as contemplated herein shall not exceed FIVE HUNDRED DOLLARS ($500.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contract basis. 4.3 Payment of Reimbursement to Association. • • (a) with respect to expenses and costs incurred by the ASSOCIATION for which the CITY is obligated to reimburse the ASSOCIATION pursuant to 14.1 above, the CITY shall pay such PAGE 5 • • reimbursement amount due, if any, to the ASSOCIATION on or before the forty-fifth (45th) day after the date of termination of this Agreement. (b) With respect to contractual obligations undertaken by the ASSOCIATION for which the CITY is obligated to reimburse the ASSOCIATION an provided in 14.2 above, the CITY shall reimburse the ASSOCIATION for such monetary obligations required in such contrac- tual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 14.2 above. 4.4 Inde=ification. Tha ASSOCIATION agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the ASSOCIATION or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of ASSOCIATION, its officers, employees, agents, subcontractors, licensees and invitees. V. TERN AND TEAJIINATION 5.1 Term. The tern of this Agreement shall commence on October 1, 1997 and tereinate at midnight on September 30, 1998. This term shall be a period of one year. 5.2 Termination. (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (180) days advance written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following eventsi (i) The termination of the legal existence of the ASSOCIATION; re (ii) The insolvency of the ASSOCIATION, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the ASSOCIATION for the benefit of creditors; V • • PAGE 6 men _ +.fN • • f (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the ASSOCIATION for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) The failure of the ASSOCIATION to submit a finan- cial report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. VI. GINIM PROVISIONS 6.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- mont by th. ASSOCIATION with another private entity, person, or organization for :he performance of those services described in 12.1 above. In tine event that the ASSOCIATION enters into any arrangement, contractual or otherwise, with such other entity person or organiza+:ion, the ASSOCIATION shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX.. TAX CODE Chap. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Independent Contractor. The ASSOCIATION shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The ASSOCIATION shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the ASSOCIATION shall be solely responsible for the acts and omissions of its dirertors, officers, employees, agents, and subcontractors. The ASSOCIATION shall not be considered a partner or joint venturer with the CITY, nor shall the ASSOCIATION be considered nor in any manner hold itself out as an agent or official representative of the CITY. i 6.3 Assignment. The ASSOCIATION shall not assign this Agreement without first obtaining the written consent of the CITY. 4.4 Notice. Any notice required to be given under this Agreement • or any statute, ordinance, or regulation, shall be effective when • given in writing and deposited in the United States snail, certified mail, return receipt requested, or by hand delivery, addressed to the respective parties as followss PAGE 7 c.. cs E • • c ASSOCIATION City Manager chairman/Director City of Denton Denton Holiday Festival 215 E. McKinney Association, Inc. Denton, TX 76201 P.O. Box 2765 Denton, TX 76202 Han Delivery: Argyle City Hall 506 N. Hwy. 377 Argyle, TX 76226 6.S Inureaent, This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall he binding upon and inure to the benefit and obligation of the CITY and the ASSOCIATION and their respective successors and assigns. 6.t Application of Lars. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 667 Uelusive Agreesaat. This Agreement contains the entire understanding and constitutes the entire agreement between the partieA hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 6.9 Duplicate originals. This Agreement is executed in duplicate originals. 6.9 Headings, The headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. • • • 1 PAGE a ...."•'rfi'' f"J.~U.:c+vv+:~c....ir.....,«-...+r1.,a~.wa.+wwa.w...:.....•+....a~e.nfmws.[vn)o..w ' EXECUTED this day of , 1997. THE CITY OF DENTONs TEXAS BY: JACK HILLER, HAYOR ATTESTt APPROVED AS TO LEGAL FORM: By: By $ LJi /~.t !X~- c~ JENNIFER WALTERSi -HERBERT L. PROUTY, CITY SECRETARY CITY ATTORNEY DENTON HOLIDAY FESTIVAL ASSOCIATION, INC. Byt rman/D recto col ATTESTt APPROVED AS TO LEGAL FORK: eyt Byi Secretary 1 i i • s, j , At\HOLIDAYA PACE 9 ~ s"'i. i1. x ~ 1~ ~V ELI a I~p) • ..r , Agenda No. 97 L Agenda Item! Date j ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE FRIENDS OF DENTON COUNTY HISTORY, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. That the Mayor is herebv authorized to execute an agreement between the City of Denton and the Friends of Denton County History, Inc. for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof SECTION Il. net 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 1 BY: k f ~ ,k r: tt • 0 Ran- • AGREEMENT BETWEEN THE CITY OF DENTON AND THE FRIIND6 OF DENTON COUNTY HISTORY, INC. (97-96) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "CITY"), and the Friends of Denton County History, Inc., a legal entity existing under the laws of the State of Texas (the "COUNTY"): WHEREAS, TEX. TAX CODE 5 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (74) of the consideration paid by a hotel occupant; and ;WHEREAS, by Ordinance, the CITY has provided for the assess- ment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7t); and WHEREAS, TEX. TAX CODE 5351.101 (a) (5) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry performing historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities, or located elsewhere in the municipality or its vicinity that would be frequented by tourists, convention dele- gates, or other visitors to the municipality; and WHEREAS, the COUNTY is well equipped to perform thons activities; and WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the COUNTY as an independent entity the management and supervision of prcgraos and activities of the type described hersinabove funded with revenue from the municipal hotel • occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the COUNTY agree and contract as follows) • I. XOTIL TAX MENUS FAYXENT TO COUNTY • • 1.i consideration. For and in consideration of the activities to be performed by the COUNTY under this Agreement, the CITY agrees to pay to the COUNTY t. portion of the hotel tax revenue collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the COUNTY sometimes herein referred to as "the agreed payments" or "hotel tax funds"). r 0 711 • • 1.2 Amount of Payments to County. (a) As used in this agreement, the following terms shall have the following specific meanings: (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of tine (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (71) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE 5351.002 and City Ordinance, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to COUNTY an amount of money equal to seventy-four one hundredths of a percent (0.741) of the base payment amount for the period of October 1, 1997 through September 30, 1998 or Five Thousand Dollars ($50000.00), whichever is less. 10 Dates of Payments to County. • (a) The term "quarterly payments" shall mean payments by the CITY to the COUNTY of those amounts specified in 11.2 above as determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the COUNTY the agreed payments specified in 51.2 above by quarterly payments paying seventy-four one hun- dredths of a percent (0.741) of the base payment amount (quarterly) • for the first three quarters of the fiscal year and the percentage of the base payment amount for the last quarter of the fiscal year shall be adjusted so that the total of the quarterly base payment amounts shall not exceed Five Thousand Dollars ($5,000) during the 1997-98 fiscal year. Each such quarterly payment shall be paid to PAGE 2 t ~Wa • the COUNTY on or before the forty-fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the COUNTY. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. 11. 063 07 HOTEL SAY AEVElftlE BY COUNTY 2.1 Ose of Funds. For and in consideration of the payment by the CITY to the COUNTY of the agreed payments of hotel tax funds specified above, the COUNTY agrees to use such hotel tax funds only for the following purposes% (a) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity; and (b) historical restoration and preservation projects or activities or advertising and conducting solicitations and promo- tional programs to encourage tourists and convention delegates to visit preserved historic sites or museums; (i) at or in the immediate vicinity of convention center facilities or visitor information centers; or (ii) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates. • as authorized by TEX. TAX CODE S 351.101(a) (3) i (5). 2.2 Administrative Costs. The hotel tax funds received from the CITY by the COUNTY may be spent for day-to-day operations, sup- plies, salaries, office rental, travel expenses, and other admini- strative costs that are incurred directly in the performance by the COUNTY of those activities specified in 12.1 above and are allowed by TEX. TAX CODE S 351.101(f). I PAGE 3 ~a.w..... y... _ . w . • • 2.3 specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the COUNTY for which hotel tax funds may be used shall not exceed that portion of the COUNTY'S administrative costs actually incurred in con- ducting the activities specified in $2.1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORD XEEPING AND REPORTING REQUIRENENTs 3.1 Budget. (a) On or about September 1 and prior to the disbursement of any funds for the 1997-98 fiscal year, the COUNTY shall prepare and submit to the City Manager of the CITY an annual budget for such fiscal year for the COUNTY and any other operation or function of the COUNTY in which the hotel tax funds shall be used by the COUNTY. This budget shall specifically identify proposed expendi- ture of hotel tax funds by the COUNTY. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the COUNTY any hotel tax revenues as set forth in Section I. of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds in such Section I. (b) The COUNTY acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the COUNTY with respect to the hotel tax funds paid by the CITY to the COUNTY under this Agreement. The COUNTY shall expend hotel tax funds only in the manner and for the purposes specified in S 351.101(a) (3) i • (5) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 separate Accounts. The COUNTY shall maintain any hotel tax funds paid to the COUNTY by the CITY in a separate account. 3.3 Financial Records. The COUNTY shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the COUNTY and, upon reasonably advance written re- quest of the Denton City Council or the City's Assistant City • • Manager of Finance or his designee or other person, shall make such financial records available for inspection and review by the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person. PAGE 4 c ' TE= • 3.4 Quarterly Reports. Within thirty days after the end of every quarter, the COUNTY shall furnish to the CITY (1) a performance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. 5 351.101(c) (Vernon 1994). The COUNTY shall promptly respond to any request from the City Manager of the CITY for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The COUNTY shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the Friends of Denton County History, Inc. Board of Directors, as well as any other meeting of any constituen- cy of the COUNTY at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the COUNTY to give notice of any executive session of the Executive Committee of the COUNTY. IV. REI"URBEMLNT AND INDLMNI/RATION 4.1 Reinburament of county for Adainistcative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the COUNTY for any and all expenses and costs undertaken by the COUNTY in performance of those activities specified in 12.1 above or expenses or costs incurred by the COUNTY as described in 12.2 above. The CITY is obligated to reimburse the COUNTY for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the COUNTY during the one hundred eighty dty period preceding termination or the agreed payments otherwise due and payable to the COUNTY for such period. 4.2 Reinbursesent of County for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the COUNTY for any and all contractual obligations of the COUNTY undertaken by the COUNTY in performance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. ` Notwithstanding any provision hereof to the contrary, the obliga- tion of the CITY to reimburse the COUNTY or to assume the perfor- mance of any contractual obligations of the COUNTY for or under any contract entered into by the COUNTY as contemplated herein shall not exceed FIVE HUNDRED DOLLARS ($500.00). Such monetary limita- PACE 5 c • '..i .yF-~•.' Y ~:.:V.iR.. e1~..:['.Y.!4iY3!3\VtiI LIr.• tion is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contract basis. 4.3 Payment of Reimbursement to County. (a) With respect to expenses and costs incurred by the COUNTY for which the CITY is obligated to reimburse the COUNTY pursuant to 14.1 above, the CITY shall pay such reimbursement amount due, if any, to the COUNTY on or before the forty-fifth (45th) day afte- the data of termination of this Agreement. (b) With respect to contractual obligations undertaken by the COUNTY for which the CITY is obligated to reimburse the COUNTY as provided in 14.2 above, the CITY shall reimburse the COUNTY for such monetary obligations required in such contractual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 14.2 above. 4.4 Indeanification. The COUNTY agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection ifith the performance by the COUNTY or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or it part, upon allegations of negligent or intentional acts of COUNTY, its officers, employees, agents, subcontractors, liceniess and invitees. V. TERM AND TBRKINATION 5.1 Term. The term of this Agreement shall commence on October it 1997 and terminate at midnight on September 30, 1998. This term shall be a period of one year. 5.2 Termination. • (a) This Agreement may be terminated by either party by giving the other party one hundrF:d eighty (180) days advance written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) The termination of the legal existence of the COUNTY; PAGE 6 • (ii) The insolvency of the COUNTY, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the COUNTY for the benefit of creditors; (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the COUNTY for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) The failure of the COUNTY to s,obmit a financial report which complies with the reporting pro:edures required herein and generally accepted accounting principles prior to the beginning of the next contract term. V1. GENERAL PROVIBIONB 6.1 subcontract for Performance of Bervices. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the COUNTY with another private entity, person, or organi- zation for the performance of those services describe) in 12.1 above. In the event that the COUNTY enters into any arrangement, contractual or otherwise, with such other entity, person or organi- zation, the COUNTY shall cause such other entity, person, or Orga- nization to adhere to, conform to, and be subject to all provi- sions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds main- tenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds, 6.2 independent Contractor. The COUNTY shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The COUNTY shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the COUNTY shall be solely responsible for the acts and omissions of its directors, • officers, employees, agents, and subcontractors. The COUNTY shall not be considered a partner or joint venturer with the CITY, nor shall the COUNTY be considered nor in any manner hold itself out as an agent or official representative of the CITY. 6.3 Assignment. The COUNTY shall not assign this Agreement without first obtaining the written consent of the CITY. • 6.4 Notice. Any notice required to be given under this Agreement • 0 or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United states mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: PAGE 7 :ai - •.>iL91Clp`e'L :rr'i. .C?i•.i.:F ltd~s~:JP.r...'.tt•.'N-'t't<1. t~~4A.,a..w....~«.w•a..iwtse+yf<+na....... 1 . au COUNTY City Manager Chairman/Director City of Denton Friends of Denton County 225 E. McKinney History, Inc. Denton. TX 76201-4299 P. O. Box 2577 Denton, TX 76202 6.5 Inurement. This Agreement and each provision hereof, and esch and every right, duty, obligation, and liability set forth heroin shall be binding upon and inure to the benefit and obligation of the CITY and the COUNTY and their respective successors and assigns. 6.6 Application of Lars. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. J0.7 sselusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 4.6 nuplicate originals. This Agreement is executed in duplicate originals. 6.9 K"dings. The headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and ! paragraph so designated. i EXECUTED this day of , 1997• " THE CITY OF DEN'rON, TEXAS _ ! ! Bye , JACK MILLER, MAYOR PAGE 8 ! i >~:;:~,a~u:+:.-::'tx:ts.t:+itY~*sa~orax~r►•- -..~.~oryee~,....~. , ATTEST: APPROVED AS TO LEGAL FORM: , ~ ~ fci' By, By: _ ~f JENNIFER WALTERSP HERBERT L. PROUTY# CITY SECRETARY CITY ATTORNEY FRIENDS C7 DENTON COUNTY HISTORY, INC. • Q ~ By a n/D rector ATTEST: APP O AS TO LEGAL FORM: Byr By: Secretary t - i At\CGUtM A i PAGE 9 E~ r: 0"3 r i ....,,_......•i,,,~w~,,.~......,...+Awff~itlfa~s--~S~..+,.,.e..a.~...r-._~...~,~~.__ Y.._..~ Agenda No---Izze3 9 Agenda Item Dae " CITY OF DENTON, TEXAS F mme Draperimwt 215 E. AkKk yy • Dgntort r xat 76201 Tahphorw !9401349.8288 DFW Mebo (972) 434.2529 FAX 19401349.7789 MEMORANDUM T0: Honorable Mayor and Member of City Council FROM: Ted BemAdes, City Manager DATE: Auguu 28, 1997 o- SUBJECT: GREATER DENTON ARTS COUNCIL CONTRACT The attached Greater Denton Arts Council (GDAC) comraa to receive hotel occupancy tax furling has rat been signed. Ms. Buban Phillips, current president of GDAC, his informed me that it will be I, Tuesday, September 2. 1997, before she will be able to sign the contract pending GDAC board approval. If a signed copy of the coruract is not received prior to the September 2, City Council rrteeting, the approval of this contract will be pulled from the agenda, k Please advise ii you have any question. Thank you. r 'DrdreosediogvalirySeMce' ~ ` e - r ~,,SP#Y` R Y,, i j~' 1'Ta S~~ 4~~ -rt + ~r}~~ r Z ~4i~ ~~i i, ~ .ili'~}'t •w, lr,S n 's'; r~ a ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Gfeitter Denton Arts Council for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof SE IQN1. 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: , I' APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY .,,.1 • C . r`7 i K f'. 1 ~ni ~}ir fJ yrr; ~4~ ~ .l r ~ i '1 • • r AGREEMENT BETWEEN THE CITY Or DENTON AND THE GREATER DENTON ARTS COUNCIL (97-95) PROVIDING FOR THE PAYMENT AND USE 0! HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "City"), and the Greater Denton Arts council, a non-profit corporation incorporated under the laws of the State of Texas (the "GDAC"): WHEREAS, TEX. TAX CODE S 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7t) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance, the CITY has provided for the assess- ment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7;); and WHEREAS, TEX. TAX CODE 5351.101 (a) (4) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry for the encourage- ment, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; and WHEREAS, the GDAC is well equipped to perform those activi- ties; and WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the GDAC as a private organization the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the GDAC agree and contract as follows; I. HOTEL TAX REVENUE PAYKENT TO GDAC • 1.1 consideration. For and in consideration of the activities to • be performed by the GDAC under this Agreement, the CITY agrees to pay to the GDAC a portion of the hotel tax revenue collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the GDAC sometimes herein referred to as "the agreed payments" or "hotel tax funds"). . r • • 1.2 Amount of Payments to GDAC. (a) As used in this agreement, the following terms shall have the following specific meanings: (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE $351.002 and City ordinance, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar :month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to GDAC an amount of money equal to fifteen percent (15.00%) of the base payment amount for the period of October 1, 1997 through September 30, 1998 or One Hundred One Thousand, Seven Hundred Dollars ($101,700.00), whichever ir, less. 1.3 Dates of Payments to GDAC. (a) The term "quarterly payments" shall mean payments by the CITY to the GDAC of those amounts specified in 11.2 above as determined by the hotel tax revenue collected by the CITY during r any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the GDAC the agreed payments specified in 12.2 above by quarterly payments paying fifteen percent (15.00%) of the base payment amount (quarterly) for the first three quarters of the fiscal year and the percentage of the base payment amount for I • • the last quarter of the fiscal year shall be adjusted so that the total of the quarterly base payment amounts shall not exceed one Hundred One Thousand, Seven Hundred Dollars ($101,700.00) during the 1997-98 fiscal year. Each such quarterly payment shall be paid to the GDAC on or before the forty-fifth (45th) day after the last day of such respective fiscal quarter for which such payment is PAGE 2 i • due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the GDAC. (d) It is expressly understood that this contract in no way obligates the General fund or any other monies or credits of the CITY. II. USE OF MOTEL TAI RLVENUL BY 4DAC 2.1 Use of Funds. For and in consideratio.t of the payment by the CITY to the GDAC of the agreed payments of hotel tax funds specified above, the GDAC c=ries to use such hotel tax funds only for the following purposes: (a) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity; (b) the encouragement, promotion, improvement, and applica- tion of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; and (c) historical restoration and preservation projects or activities or advertising and conducting solicitations and promo- tional programs to encourage tourists and convention delegates to visit preserved historic sites or museums; (i) at or in the immediate vicinity of convention center facilities or visitor information centers; or (ii) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates, • as authorized by TEX. TAX CODE S 351.101(x)(3)-(5). t • • 2.2 Administrative costs. ] (a) $90,106.00 of the hotel tax funds received from the CITY by the GDAC may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costa that are incurred directly in the performance by the GDAC of PACE 3 C • 01 • i those activities specified in 52.1 above and are allowed by TEX. TAX CODE 5 351.101(f). (b) $11,594.00 of the hotel tax funds received from the City by GDAC shall be disbursed to fund grants for entities producing programs envisioned by 2.1(b) of this agreement and GDAC is specifically required to disburse $5,000.00 of this sum for programming to be produced by the Denton Community Theater. A subgrantee shall: (1) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this chapter; and (2) make records of these expenditures available for review to the governing body or other person. 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the GDAC for which hotel tax funds may be used shall not exceed that portion of the GDACIS administrative costs actually incurred in conducting the activities specified in 52.1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or about September 1 and prior to the disbursement of any funds for the 1997-98 fiscal year, the GDAC shall prepare and submit to the City Manager of the CITY an annual budget for such • fiscal year for the GDAC Znd any other operation or function of the GDAC in which the hotel tax funds shall be used by the GDAC. This budget shall specifically identify proposed expenditure of hotel tax funds by the GDAC. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the GDAC any hotel tax revenues as set forth in Section I. of this • contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the • • Denton City Council authorizing the expenditure of funds in such Section I. (b) The GDAC acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the GDAC with respect to the hotel tax funds paid by the Cl N to the GDAC under PAGE 4 f: 17 7 7 7 • • r. this Agreement. The GDAC shall expend hotel tax funds only in the manner and for the purposes specified in S 351.101(a) (3)-(5) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 Separate Accounts. The GDAC shall maintain any hotel tax funds paid to the GDAC by the CITY in a separate account. 3.3 Financial FeCCrde. The GDAC shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the GDAC and, upon reasonably advance written request of the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person, shall make such financial records available for inspection and review by the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person. 3.4 Quarterly Reports. Within thirty days after the end of every quarter, the GDAC shall furnish to the CITY (1) a performance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TFX. TAX CODE ANN. S 351.101(c) (Vernon 1994). The GDAC shall promptly respond to any request from the city Manager of the CITY for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The GDAC shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of Greater Denton Arts Council Board of Directors as well as any other meeting of any constituency of the GDAC at which this Agreement or any matter the subject of this Agreement shall Le considered. This provision shall not be deemed to require the GDAC to give notice of any executive session of the Executive Committee of the GDAC. IV. REIMBURBEXXNT AND INDEMNIIICATICN • 4.1 Reimbursement of GDAC for Adiinistrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the GDAC for any and all expenses and costs undertaken by the GDAC in performance of those activities specified in 12.1 above or expenses or costs incurred by the GDAC as described in 12.2 above. The CITY is obligated to reimburse the GDAC for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is given and • ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the GDAC during the one hundred eighty day period preceding termination or the agreed payr.ants otherwise due and payable to the GDAC for such period. PAGE 5 t • l 4.2 Reimbursement of GDAC for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the GDAC for any and all contractual obligations of the GDAC undertaken by the GDAC in performance of those services specified in 52.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 52.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obliga- tion of the CITY to reimburse the GDAC or to assume the performance of any contractual obligations of the GDAC for or under any contract entered into by the GDAC as contemplated herein shall not exceed FIVE THOUSAND DOLLARS ($5,000.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contract basis. 4.3 Payment of Reimbursement to GDAC. (a) With respect to expenses and costs incurred by the GDAC for which the CITY is obligated to reimburse the GDAC pursuant to 14.1 above, the CITY shall pay such reimbursement amount due, if any, to the GDAC on or before the forty-fifth (45th) day after thf: date of termination of this Agreement. (b) With respect to contractua:.obligations undertaken by the GDAC for which the CITY is obligated to reimburse the GDAC as provided in 14.2 above, the CITY shall reimburse the GDAC for such monetary obligations required in such contractual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 54.2 above. 4.4 Indemnification. The GDAC agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, lose, or liability of whatever kind or character, arising out of or in connection with the performance by the GDAC or those serviced contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of GDAC, its officers, employees, agents, subcontractors, licensees and invitees. • 4.5 Insurance. The GDAC shall provide insurance as follows: . $500,000 Commercial General Liability Statutory Workers' Compensation and Employers' Liability ($250,000/$500,000/$250,000) $500,000 Business Automobile Liability PAGE 6 • • The CITY must be named as an additional insured (except workers' Compensation) and proof of coverage shall be submitted prior to any payment by the CITY. V. TERM AND TERMINATION 5.1 Term. The tern of this Agreement shall commence on October 1, 1997 and terminate at midnight on September 30, 1998. This term shall be a period of one year. 3.2 Termination. (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (180) days advance written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) The termination of the corporate existence of the GDAC; (ii) The insolvency of the GDAC, the filing of t petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the GDAC for the benefit of creditors; (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the GDAC for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) The failure of the GDAC to submit a financial report which complies with the reporting procedures required herein and generally accepted accounting pr7nciples prior to the beginning of the next contract term. VI. GENERAL PROVISIONS • 60 Subcontract for Performance of services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- :aent by the GDAC with another private entity, person, or organi- zation for the performance of those services described in 12.1 above. In the event that the GDAC enters into any arrangement, contractual or otherwise, with such other entity, person or organi- zation, the GDAC shall cause such other entity, person, or orga- nization to adhere to, confirm to, And be subject to all provi- J sions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds main- tenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. PAGE 7 • • 6.2 Independent Contractor. The GDAC shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The GDAC shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the GDAC shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The GDAC shall not be considered a partner or joint venturer with the CITY, nor shall the GDAC be considered nor in any manner hold itself out as an agent or official representative of the CITY. 6.3 Assignment. The GDAC shall not assign this Agreement without first obtaining the written consent of the CITY. 6.4 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: CITY City Manager Executive Director City of Denton Greater Denton Arts Council 215 E. McKinney 207 S. Bell Denton, TX 76201-4299 Denton, T% 76201 6.5 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the GDAC and their respective successors and assigns. 6.6 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. • 6,7 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the r parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and con- ` • • ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terns and conditions of any other document relating to this transaction or these transactions. 6.8 Duplicate Originals. This Agreement is executed in duplicate originals. PAGE 8 t: r. r i •-1 'r''t ' - tM ¢•.d(♦a't♦~iStlleZHd4[LM~Y+.~+tew~dVIN41C~~'"• i 6.9 Headings. The headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. EXECUTED this day of 1997• THE CITY OF DENTON, TEXAS By: JACK MILLER, MAYOR ATTEST. APPROVED AS TO LEGAL FORMS By. By: ldN' T JENNIFER WALTERS, H ERT t- PRO Y, CITY SECRETARY CITY ATTORNEY GREATER DENTON ARTS COUNCIL By. President ATTEST: APPROVED AS TO LEGAL FORM: By: BY: Secretary 1 f ' as\GDAC.x PAGE 9 1~,r i a I s . • . 'rl ~<!`~..-.,'i.l ``~~a-.:[t o-~i `ti,~~t: i, ~~y s~r`J;~~ ~'•~rt'~i -J.~~~'iKra cc ~ly.~hS ♦ L ! r s +-e,e's+\\.•fVU.,.,,u'+.n M'„arw rr..>+wna.IN.'ywuVMM Agenda No. ~7Jp39 Dale . ORDINANCE NO. AN ORDINANCE AUTHOPJZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DEMON AND THE NORTH TEXAS STATE FAIR ASSOCIATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: $EC'CION 1. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the North Texas Stale Fair Association for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR I. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ! r APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i { • r • AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTS TEXAS STATE FAIR ASSOCIATION (97-98) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "City"), and the North Texas State Fair Association, a non-profit corporation incorporated under the laws of the State of Texas (the "Association"): WHEREAS, TEX. TAX CODE S 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7t) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%); and WHEREAS, TEX. TAX CODE S351.301 (a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and con- vention delegates or registrants to the municipality or its vicinity; and WHEREAS, the ASSOCIATION is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE S351.101 (c) authorizes the CITY to delegate by contract with the ASSOCIATION as a private organization the management and supervision of programs and activities of the { type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the • ASSOCIATION agree and contract as follows; I. HOTEL TAX REOEKUE PAYMENT TO ASSOCIATION 1.1 Consideration. For and in consideration of the activities to be performed by the ASSOCIATION under this Agreement, the CITY agrees to pay to the ASSOCIATION a portion of the hotel tax revenue • collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the ASSOCIATION sometimes • • herein referred to as "the agreed payments" or "hotel tax funds"), 1.2 Amount of Payments to Association. (a) As used in this agreement, the following terms shall have the following specific meanings: • • (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE 5351.002 and City ordinance, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costa of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to ASSOCIATION an amount of money equal to eleven percent (11.00%) of the base payment amount for the period of October 1, 1997 through September 30, 1998 or Seventy- Four Thousand, Five Hundred Eighty Dollars ($74,580.00), whichever is less. 1.3 Dates of Payments to xBoooiation. (a) The term "quarterly payments" shall mean payments by the CITY to the ASSOCIATION of those amounts specified in 11.2 above as determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. • (b) CITY shall pay the ASSOCIATION the agreed payments specified in =1.2 above by quarterly payments paying eleven percent (11.00%) of the base payment amount (quarterly) for the first three quarters of the fiscal year and the percentage of the base payment amount for the last quarter of the fiscal year shall be adjusted so that the total of the quarterly base payment amounts shall not exceed Seventy-Four Thousand, Five Hundred Eighty Dollars ($74,580.00) during the 1997-98 fiscal year. Each such quarterly • • payment shall be paid to the ASSOCIATION on or before the forty- fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved. PAGE 2 • • (c) The funding of this project in no tray commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the ASSOCIATION. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. II. OBE Or HOTEL TAI REVMM BY ASSOCIATION 2.1 use of Tunes. For and in consideration of the payment by the CITY to the ASSOCIATION of the agreed payments of hotel tax funds specified above, the ASSOCIATION agrees to use such hotel tax funds only for the following purposes: (a) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity; as authorized by TEX. TAX CODE S 351.101(a). 2.2 Administrative Costs. The hotel tax funds received from the CITY by the ASSOCIATION may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the ASSOCIATION of those activities specified in 12.1 above and are allowed by TEX. TAX CODE S 351.101(f). 2.3 Specific Restrictions on use of runes. (a) That portion of total administrative costs of the ASSOCIATION for which hotel tax funds may be used shall not exceed that portion of the ASSOCIATION'S administrative costs actually incurred in conducting the activities specified in 12.1 above. (b) Hotel tax funds may not be spent for travel for a person • to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's , job in an efficient and professional manner. III. RECORD IEEPING AND REPORTING RZQ9IRE11ENTs • 3.1 Budget. • • (a) On or about September 1 and prior to the disbursement of any funds for the 1997-98 fiscal year, the ASSOCIATION shall prepare and submit to the City Manager of the CITY an annual budget f^r such fiscal year for the ASSOCIATION and any other operation or function of the ASSOCIATION in which the hotel tax funds shall be used by the ASSOCIATION. This budget shall specifically identify PAGE 3 ,..mow.--~..~.. • proposed expenditure of hotel tax funds by the ASSOCIATION. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the ASSOCIATION any hotel tax revenues as set firth in Section 1. of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds in such Section I. (b; The ASSOCIATION acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the ASSOCIATION with respect to the hotel tax funds paid by the CITY to the ASSOCIATION ur:der this Agreement. The ASSOCIATION shall expend hotel tax funds only in the manner and for the purposes specified in S 351.101(a) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 Separate Accounts. The ASSOCIATION shall maintain any hotel tax funds paid to the ASSOCIATION by the CITY in a separate account. 3.3 Financial Records. The ASSOCIATION shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the ASSOCIATION and, upon reasonably advance written request of the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person, shall make such financial records available for inspection and review by the Denton city council or-Lhe City's Assistant City Manager of Finance or his designee or other person. 3.4 Quarterly Reports. within thirty days after the end of every quarter, the ASSOCIATION shall furnish to the CITY (1) a perfor- mance report of the work performed under this Agreement, in the fore determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODS ANN. S 351.101(c) (Vernon 1994). The ASSOCIATION • shall promptly respond to any request from the City Manager of the CITY for additional ;nformation relating to the activities performed under this Agreement. r 3.5 Notice of Meetings. The ASSOCIATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the North Texas State Fair Association Board of Directors as well as any other meeting of any constituency of the ASSOCIATION at which this Agreement or any • J matter the subject of this Agreement shall be considered This provision shall not be deemed to require the ASSOCIATION to give notice of any executive session of the Executive Committee of the ASSOCIATION. PACE 4 • .r IV. REIMBURSEMENT AND INDEMNIFICATION 4.1 Reimbursement of Association for Administrative costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the ASSOCIATION for any and all expenses and costs undertaken by the ASSOCIATION in performance of those activities specified in 12.1 above or expenses or costs incurred by the ASSOCIATION as described :n 12.2 above. The CITY is obligated to reimburse the ASSOCIATION for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the ASSOCIATION during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the ASSOCIATION for such period. 4.2 Reimbursement of Association for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the ASSOCIATION for any and all contractual obligations of the ASSOCIATION undertaken by the ASSOCIATION in performance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the ASSOCIA- TION or to assume the performance of any contractual obligations of the ASSOCIATION for or under any contract entered into by the ASSOCIATION as contemplated herein shall not exceed THREE THOUSAND SEVEN HUNDRED DOLLARS ($3,700.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contract basis. 4.3 Payment of 2cimbursement to association. (a) Y,ith respect to expenses and costs incurred by the ASSOCIATION for which the CITY is obligated to reimburse the ASSOCIATION pursuant to 14.1 above, the CITY shall pay such reimbursement amount due, if any, to the ASSOCIATION on or before the forty-fifth (45th) day after the date of termination of this Agreement. (b) With respect to contractual obligations undertaken by the ASSOCIATION for which the CITY is obligated to reimburse the • ASSOCIATION as provided in 14.2 above, the CITY shall reimburse the ASSOCIATION for such monetary obligations required in such contractual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 14.2 above. PAGE 5 c • ' r • 4.4 Indemnification. The ASSOCIATION agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the ASSOCIATION or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of ASSOCIATION, its officers, employees, agents, subcontractors, licensees and invitees. 4.5 Insuranoe. The ASSOCIATION shall provide insurance as follows: $500,000 Commercial General Liability Statutory Workers' Compensation and Employers' Liability ($250,000/$500,0001$250,000) $500,000 Business Automobile Liability The CITY must be named as an additional insured (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by the CITY. O. TERM MD TERMIVATIOW 5.1 Term. The tern of this Agreement shell commence on October 1, 1997 and terminate at midnight on September 30, 1998. This term shall be a period of one year. 5.2 Termination. (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (180) days advance written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: • (1) The termination of the corporate existence of the ASSOCIATION; (ii) The insolvency of the ASSOCIATION, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the ASSOCIATION for the benefit of creditors; (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the ASSOCIATION for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or PAGE 6 l C- 1M 77, 1 i • (iv) The failure of the ASSOCIATION to submit a finan- cial report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. VI. GRNIIRAL PROVIGIONS 6.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the ASSOCIATION with another private entity, person, or organization for the performance of those services described in 12.1 above. In the event that the ASSOCIATION enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the ASSOCIATION shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Iadependent Contractor. The ASSOCIATION shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. Thal ASSOCIATION shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the ASSOCIATION shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The ASSOCIATION shall not be considered a partner or joint venturer with the CITY, nor shall the ASSOCIATION be considered nor in any manner hold itself out as an agent or official representative of the CITY. 6.3 Assignaeat. The ASSOCIATION shall not assign this Agreement without first obtaining the written consent of the CITY. 0 6.4 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited ki the United States mail, certified ~ mail, return receip: requested, or by hand-delivery, addressed to the respective parties as follows: CITY ASSOCIATION • City Manager President • City of Denton North Texas State Fair Association 215 E. McKinney P. O. Box 1695 Denton, TX 76201-4299 Denton, TX 76202 Hand Delivery: 2217 N. Carroll Blvd. Denton, TX 76201 PAGE 7 ` ~44.rrw' 4f • -.l '....r`!:y.::a":a.... ~.'r b-; ::~;!~-.l.fi?r-ea.rvG(vwtY~r.W.ute.aa+-•_o 6.s Inuresent. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the ASSOCIATION and their respective successors and assigns. 6.6 Application of Laws. All terns, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 6.7 azelusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 6.8 Duplicate priginals. This Agreement is executed in duplicate originals. 6.9 Headings. The headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. EXECUTED this day of , 1997. THE CITY OF DENTON, TEXAS By: JACK MILIER, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: By: Bys JENNIFER WALTERS$ HERBERT L. PROUTY* • CITY SECRETARY CITY ATTORNEY ` • • NORTH TEXAS STATE FAIR A OCIATION - C1 By: Pr ent PAGE 8 f IIII , u~t l Y. i t ' , , ..~kY.', ~..vr~`S-Lz'°Fs'k L~'4:.7i~(i~•~"lL'27Aic'ts!twxwD~.eCYnari'xaa~ts~v,ev.~..+.Ywcfr+~~►'aars~~raa . 1 ATTEST: APPROVED AS TO LEGAL FORM: BY: BY: Secretary a ti - ~ • a • r Ai\xrrAia.x E.` PAGE 4 r - MMI ~.r , t~ 1 ~ ~+YV~arr ;~1 ~s tp~~ t y, r~+ r v rr ^•r e'~` c"~ 1 •4 ,S~r: o-'~35 '14~..•'~.y~ si~^ ea::~-.r 7y, ~,K i is 1 Rti+:. <.w iw..,.. ....:w-~..: ..r........._- _ ~r"009 -T Agenda No Agenda Re pate - , L ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE SCHOLARS PHAIR FOUNDATION, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. t THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: E TION 1. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Schoiars Phair Foundation, Inc. for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof SECTIONII. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. TACK MILLER, MAYOR 1 ' ATTEST: f JENNIFER WALTERS, CITY SECRETARY BY: i' • APPROVED AS TO LEGAL FORhI: HERBERT L. PROUTY, CITY ATTORNEY j • BY: I'e/"e~d l ~Xr i • • f , I' ON • AGREEMENT BETWEEN THE CITY OF DENTON AND THE SCHOLARS PHAIR FOUNDATION, INC. (97-98) PROVIDING FOR TOE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "CITY"), and the Scholars Phair F.Dundation, Inc., a legal entity existing under the laws of the S+..te of Texas (the "FOUNDATION"): WHEREAS, TEX. TAX CODE S 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance, the CITY has provided for the assess- ment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7t); and WHEREAS, TEX. TAX CODE 5351.101 (a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, the FOUNDATION is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the FOUNDATION as an independent entity the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the FOUNDATION agree and contract as follows; 1. HOTEL TAX REVENUE PAYMENT TO FOUNDATION i.i consideration. For and in consideration of the activities to be performed by the FOUNDATION under this Agreement, the CITY agrees to pay to the FOUNDATION a portion of the hotel tax revenue ! collected by the CITY at the rates and in the manner specified ! ! herein (such payments by the CITY to the FOUNDATION sometimes herein referred to as "the agreed payments" or "hotel tax funds"). i` I e • 1.2 Amount of Payments to foundation. (a) As used in this agreement, the following terms shall have the following specific meanings: (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (74) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE 5351.002 and City ordinance, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other axpenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amounts shall mean an amount of money equal to the total hotel tax revenue collected by the CIT: during any relevant period of time (i.e. fiscal year or !'fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to FOUNDATION an amount of money equal to one and forty-seven one hundredths of a percent (1.47%) of the base payment amount for the period of October 1, 1997 through September 30, 1998 or Ten Thousand Dollars ($10,000.00), whichever is less. 1.3 Dates of Payments to foundation. (a) The term "quarterly payments" shall mean payments by the CITY to the FOUNDATION of those amounts specified in 11.2 above as ' determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the FOUNDATION the agreed payments specified in 11.2 above by quarterly payments paying one and forty- • • seven one hundredths of a percent (1.47%) of the base payment amount (quarterly) for the first three quarters of the fiscal year I and the percentage of the base payment amount for the last quarter of the fiscal year shall be adjusted so that the total of the quarterly base payment amounts shall not exceed Ten Thousand PAGE 2 CL~ • • Dollars ($10,000) during the 1997-98 fiscal year. Each such quarterly payment shall be paid to the FOUNDATION on or before the forty-fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the FOUNDATION. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. II. UBE Of HOTEL TAX REVENUE BY FOUNDATION 2.1 Use of Funds. For and in consideration of the payment by the CITY to the FOUNDATION of the agreed payments of hotel tax funds specified above, the FOUNDATION agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity, as authorized by TEX. TAX CODE S 351.101(a). 2.2 Administrative Costs. The hotel tax funds received from the CITY by the FOUNDATION may be spent for day-to-day operations, sup- plies, salaries, office rental, travel expenses, and other admini- strative costs that are incurred directly in the performance by the FOUNDATION of those activities specified in 12.1 above and are allowed by TEX. TAX CODE S 351.101(f). 2.3 specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the FOUNDATION for which hotel tax funds may be used shall not exceed that portion of the FOUNDATION'S administrative costs actually incurred in conducting the activities specified in 12.1 above. i (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's • job in an efficient and professional manner. • • PAGE 3 • y 1 t J,. a • III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or about September 1 and prior to the disbursement of any funds for the 1997-98 fiscal year, the FOUNDATION shall prepare and submit to the City Manager of the CITY an annual budget for such fiscal year for the FOUNDATION and any other operation or function of the FOUNDATION in which the hotel tax funds shall be used by the FOUNDATION. This budget shall specifically identify proposed expenditure of hotel tax funds by the FOUNDATION. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the FOUNDATION any hotel tax revenues as set forth in Section I. of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds in such Section I. (b) The FOUNDATION acknowledges that the approval of such budget by the Denton city council creates a fiduciary duty in the FOUNDATION with respect to the hotel tax funds paid by the CITY to the FOUNDATION under this Agreement. The FOUNDATION shall expend hotel tax funds only in the manner and for the purposes specified in S 351.101(a) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 Separate Accounts. The FOUNDATION shall maintain any hotel tax funds paid to the FOUNDATION by the CITY in a separate account. 3.3 Financial Records. The FOUNDATION shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the FOUNDATION and, upon reasonably advance written request of the Denton City Council or the City's Assistant City ` Manager of Finance or his designee or other person, shall make such 1 financial records available for inspection and review by the Denton City Council or the Cityfs Assistant City Manager of Finance or his designee or other person. 3.4 Quarterly Reports. Within thirty days after the end of every quarter, the FOUNDATION shall furnish to the CITY (1) a performance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the • expenditures made with regard to hotel tax funds pursuant to the • • TEX. TAX CODE ANN. S 351.101(c) (Vernon 1994). The FOUNDATION J shall promptly respond to any request from the City Manager of the CITY for additional information relating to the activities performed under this Agreement. PAGE 4 r • r • 3.5 Notice of Meetings. The FOUNDATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the scholars Phair Foundation, Inc. Board of Directors, as well as any other meeting of any constituency of the FOUNDATION at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the FOUNDATION to give notice of any executive session of the Executive Committee of the FOUNDATION. IV. REIMBDR8EM6NT AND IND?"ITICATION 4.1 Re Imbursevent of Association for Administrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the FOUNDATION for any and all expenses and costs undertaken by the FOUNDATION in performance of those activities specified in 12.1 above or expenses or costs incurred by the FOUNDATION as described in 12.2 above. The CITY is obligated to reimburse the FOUNDATION for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the FOUNDATION during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the FOUNDATION for such period. 4.2 Reimbursement of Foundation for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the FOUNDATION for any and all contractual obligations of the FOUNDATION undertaken by the FOUNDATION in performance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the FOUNDA- TION or to assume the performance of any contractual obligations of the FOUNDATION for or under any contract entered into by the FOUNDATION as contemplated herein shall not exceed FIVE HUNDRED DOLLARS ($500.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contract basis. • 4.3 Payment of Reimbursement to Foundation. • O (a) With respect to expenses and costs incurred by the FOUNDATION for which the CITY is obligated to reimburse the FOUNDATION pursuant to 14.1 above, the CITY shall pay such i PAGE 5 ` 0 • • ' r reimbursement amount due, if any, to the FOUNDATION on or before the forty-fifth (45th) day after the date of termination of this Agreement. (b) With respect to contractual obligations undertaken by the FOUNDATION for which the CITY is obligated to reimburse the FOUNDATION as provided in 14.2 above, the CITY shall reimburse the FOUNDATION for such monetary obligations required in such contrac- tual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 14.2 above. 4.4 Indemnification. The FOUNDATION agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the FOUNDATION or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of FOUNDATION, its officers, employees, agents, subcontractors, licensees and invitees. V. TZRM MD TBRXIKATION S.i Tea. The term of this Agreement shall commence on October 1, 1997 and terminate at midnight on September 30, 1998. This term shall be a period of one year. 5.2 Termination. (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (180) days advance written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: • (i) The termination of the legal existence of the FOUNDATION; 1 (ii) The insolvency of the FOUNDATION, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the FOUNDATION for the benefit of credi- tors; • • PAGE 6 (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the FOUNDATION for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) The failure of the FOUNDATION to submit a financial report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract tern. VI. QZNZRAL PROVISIONS 6.1 subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the FOUNDATION with another private entity, person, or organization for the performance of those services described in 12.1 above. In the event that the FOUNDATION enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the FOUNDATION shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Independent Contractor. The FOUNDATION shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The FOUNDATION shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the FOUNDATION shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The FOUNDATION shall not be considered a partner or joint venturer with the CITY, nor shall the FOUNDATION be considered nor in any manner hold itself out as an agent or official representative of the CITY. 6.3 Assignaent. The FOUNDATION shall not assign this Agreement without first obtaining the written consent of the CITY. " 6.4 7;otice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to f the respective parties as follows: PAGE 7 • 53:w!a r ~ ti + 3?Ya?w*aX rrv~-raawA: ~rYys.~e rw`w. r.. ►rww+wAarc~.++ ScZTY FOUNDATION City Manager Chairman/Director City of Denton Scholars Phair Foundation, inc. 215 E. McKinney 210 S. Elm, Suite A Denton, TX 76201-4299 Denton, TX 76201 6.5 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the FOUNDATION and their respective successors and assigns. 6.4 Applioation of Laws. All terns, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 6.7 taolusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- went, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. s.• Duplicate Originals. This Agreement Is executed in duplicate originals. 6.9 Headings. The headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. EXECUTED this day of 1997. THE CITY OF DENTON, TEXAS ; By: JACK MILLER, MAYOR i PAGE 8 • Fj' , r 5 ,~iF~~ ,_s 1 ' ATTEST: APPROVED AS TO LEGAL FORM: By: By: JENNIFER WALTERS, HERBERT L. PROUTY, CITY SECRETARY CITY ATTORNEY SCHOLARS PF IR F ION, INC. By: Ch rn /D rector ATTEST: APPROVED AS TO LEGAL FORM: By: By: Secretary • • • • Ai\SCHOLAAS.K PAGE 9 • ~ ,t' Y ill lip- - . c . ::.:i+.-'. tizl.'::w7/i,i. ry,:.[a~nw•,<..pKfrasia- r,n:....r.. ~.~.....~.Aptnda No. Aoenda Ilan cute - ORDINANCE NO. AN ORDINANCE AUTHOP.IZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEJAS STORYTELLING ASSOCIATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN I EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Teyas Storytelling Association for the payment and use of Wet tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION i1. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _ day of 1997. E JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETP.RY BY: _ • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i Y BY'. ~,Ct t f C L . • • AGREEMENT BETWEEN THE CITY OF DENTON AND TEE TEJAS STORYTELLING ASSOCIATION (97-98) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "CITY"), and the Tejas Storytelling Association, a legal entity existing under the laws of the State of Texas (the "ASSOCIATION") : WHEREAS, TEX. TAX CODE S 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tar.") not exceeding seven percent (71) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance, the CITY has provided for the assess- ment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7!); and WHEREAS, TEX. TAX CODE 5351.101 (a) authorizes the CITY to use rev«:nue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, the ASSOCIATION is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the ASSOCIATION as an independent entity the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the ASSOCIATION agree and contract as follows; i 1. HOTEL TAX REVENUE PAYMENT TO ASSOCIATION :.i consideration. For and in consideration of the activities to he performed by the ASSOCIATION under this Agreement, the CITY • agrees to pay to the ASSOCIATION a portion of the hotel tax revenue • • collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the ASSOCIATION sometimes herein referred to as "the agreed payments" or "hotel tax funds"). i I` t • 1.2 Amount of Payments to association. (a) As used in this agreement, the following terms shall have the following specific meanings: (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during an/ relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (7t) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE 5351. 02 and City Ordinance, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to ASSOCIATION an amount of money equal to three and sixty-nine one hundredths of a percent (3.694) of the base payment amount for the period of October 1, 1997 through September 30, 1998 or Twenty-Five Thousand Dollars ($25,000.00), whichever is less. 1.3 Datee of Payments to Aeaociation. • (a) The term "quarterly payments" shall mean payments by the ~ CITY to the ASSOCIATION of those amounts specified in 111.2 above as determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the ASSOCIATION the agreed payments • specified in 11.2 above by quarterly payments paying three and • sixty-nine one hundredths of a percent (3.69%) of the base payment amount (quarterly) for the first three quarters of the fiscal year and the percentage of the base payment ariount for the last quarter of the fiscal year shall be adjusted so that the total of the quarterly base payment amounts shall not exceed Pwenty-Five PAGE 2 ;t Thousand Dollars ($25,000) durir the 1997-98 fiscal year. Each such quarterly payment shall b, paid to the ASSOCIATION on or before the forty-fifth (45th) uay after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the ASSOCIATION. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. 11, OBE OF HOTEL TAY REVENUE BY ASSOCIATION 2.1 Use of Funds. For and in consideration of the payment by the CITY to the ASSOCIATION of the agreed payments of hotel tax funds specified above, the ASSOCIATION agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity, as authorized by TEX. TAX CODE g 351.101(a). 2.2 Administrative costs. The hotel tax funds received from the CITY by the ASSOCIATION may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the ASSOCIATION of those activities specified in 12.1 above and are allowed by TEX. TAX CODE S 351.301(f). 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the • ASSOCIATION for which hotel tax funds may be used shall not exceed that portion of the ASSOCIATION'S administrative costs actually incurred in conducting the activities specified in 12.1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the • convention and hotel industry or the performance of the person's • job in an efficient and professional runner. PAGE 3 1' i III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or about September 1 and prior to the disbursement of any funds for the 1997-98 fiscal year, the ASSOCIATION shall prepare and submit to the City Manager of the CITY an annual budget for such fiscal year for the ASSOCIATION and any other operation or function of the ASSOCIATION in which the hotel tax funds shall be used by the ASSOCIA110N. This budget shall specifically identify proposed expenditure of hotel tax funds by the ASSOCIATION. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the ASSOCIATION any hotel tax revenues as set forth in Section I. of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds in such Section I. (b) The ASSOCIATION acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the ASSOCIATION with respect to the hotel tax funds paid by the CITY to the ASSOCIATION under this Agreement. The ASSOCIATION shall expend hotel tax funds only in the manner and for the purposes specified in S 351.101(a) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 Separate Accounts. The ASSOCIATION shall maintain any hotel tax funds paid to the ASSOCIATION by the CITY in a separate account. 3.3 rinancial Records. The ASSOCIATION shall maintain complete and accurate financial records of each expenditure of the hotel tax funds wade by the ASSOCIATION and, upon reasonably advance written request of the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person, shall make such financial records available for inspection and review by the Denton city council or the City's Assistant City Manager of Finance or his designee or other person. 3.4 Quarterly Reports. Within thirty days after the end of every quarter, the ASSOCIATION shall furnish to the CITY (1) a perfor- mance report of the work performed under this Agreement, in the • form determined by the City Manager describing the activities • A performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. S 351.101(c) (Vernon 1994). The ASSOCIATION shall promptly respond to any request from the City Manager of the a PAGE 4 w • CITY for additional information relating to the activities performed under this Agreement. 3.5 Notice of Kestings. The ASSOCIATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the Tejas Storytelling Association Hoard of Directors, as well as any other meeting of any constituen- cy of the ASSOCIATION at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the ASSOCIATION to give notice of any executive session of the Executive Committee of the ASSOCIA- TION. IQ. REINEQRBEIIENT AND INDEWIFICATION 4.1 Reimbursement of Association for Administrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the ASSOCIATION for any and all expenses and costs undertaken by the ASSOCIATION in performance of those activities specified in 12.1 above or expenses or costs incurred by the ASSOCIATION as described in 12.2 above. The CITY is obligated to reimburse the ASSOCIATION for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the ASSOCIATION during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the ASSOCIATION for such period. 4.2 Reimbursement of Association for Contractual obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the ASSV!IATION for any and all contractual obligations of the ASSOCIATION undertaken by the ASSOCIATION in performance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those • services contemplated in 12.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the ASSOCI- ATION or to assume the performance of any contractual obligations of the ASSOCIATION for or under any contract entered into by the ASSOCIATION as contemplated herein shall not exceed ONE THOUSAND, • TWO HUNDRED FIFTY DOLLARS ($1,250.00). Such monetary limitation is cumulative of all contractual obligations and shall not be • construed as a monetary limitation on a per contract basis. PAGE 5 1 ~1 • , a .T .:'J.= '•rt.,rga'tY a". •~G>vtr:iGSN'4s~Y-°. i 4.3 Payment of Reimbursement to Association. (a) With respect to expenses and costs incurred by the ASSOCIATION for which the CITY is obligated to reimburse the ASSOCIATION pursuant to 14.1 above, the CITY shall pay such reimbursement amount due, if any, to the ASSOCIATION on or before the forty-fifth (45th) day after the date of termination of this Agreement. (b) With respect to contractual obligations undertaken by the ASSOCIATION for which the CITY is obligated to reimburse the ASSOCIATION as provided in 14.2 above, the CITY shall reimburse the ASSOCIATION for such monetary obligations required in such contrac- tual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 14.2 above. 4.4 Indemnification. The ASSOCIATION agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, anc: employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the ASSOCIATION or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of ASSOCIATION, its officers, employees, agents, subcontractors, licensees and invitees. 4.5 Insurance. The ASSOCIATION shall provide insurance as follows: $500,000 Commercial General Liability Statutory Workers' Compensation and Employers' Liability ($250,000/$500,000/$250,000) $500,000 Business Automobile Liability The CITY rust be named as an additional insured (except Workers' Compensation) and proof of coverage shall be submitted prior to any • payment by the CITY. V. TEAM AND TEAMIRATIOM / S.1 Term. The term of this Agreement shall commence on October 1, 1997 and terminate at midnight on September 30, 1998. This term i shall be a period of one year. I 5.2 Termination. E (a) This Agreement may be terminated by either party by giving the other party one hundred eighty (180) days advance written notice. PAGE 6 0 • • (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) The termination of the legal existence of the ASSOCIATION; (ii) The Insolvency of the ASSOCIATION, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the ASSOCIATION for the benefit of creditors; (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the ASSOCIATION for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) The failure of the ASSOCIATION to submit a finan- cial report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. VI. OLNERAL PROVISIONS 6.1 subcontract for Performance of services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the ASSOCIATION with another private entity, person, or organization for the performance of those services described in 12.1 above. In the event that the ASSOCIATION enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the ASSOCIATION shall cause such other entity, person, or organization to adaere to, conform to, and be subject. to all provisions, terms, and conditions of this Agreement 1 and to TEX. TAX CODE Chap. 351, including reporting requirements, 1 separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax • funds. 6.2 Independent Contractor. The ASSOCIATION shall operate as an J independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The ASSOCIATION shall have exclusive control of its operations and performance of services hereunder, and such persons, • entities, or organizations performing the same and the ASSOCIATION • • shall be solely responsible for the acts and omissions of its J directors, officers, employees, agents, and subcontractors. The ASSOCIATION shall not be considered a partner or joint venturer with the CITY, nor shall the ASSOCIATION be considered nor in any PAGE 7 F -~~l No. DATE REVISION APPROV. pod zao _ o zoo +oo 3 mown I/ 4 scale 200' feel 1" = PD 90 SF DETACHED 13.8 ACRES / TONY A. RILEY R. 0019780 NOTES (ALL LOTS EXCEPT BLOCK Off: NOTES LOCK 0 ; / TRACT II r 1. PERMITTED USE; ONE FAMILY DWELLING, DETACHED 1. PERMITTED USE; TWO FAMILY DWELLING OR ONE FAMILY DWELLING, DETACHED INSTITUTIONAL 2. LOT DIMENSIONS ARE APPROXIMATE 2. LOT DIMENSIONS ARE APPROXIMATE OFFICE/RETAIL / 4.2 AC. 3. REFER TO TABLE FOR DEVELOPMENT STANDARDS 3. REFER TO TABLE FOR DEVELOPMENT STANDARDS GR DEVELOPMENT STANDARDS / MULTIFAMILY 5.5 AC. d( ONE FAMILY DWELLING, DETACHED TWO FAMILY DWELLING J.D. BROWN VOL. VOL. 3354, PG. 311 ESTIMATED TRArric 1261 TRIPS PER DAY- 91 TRIPS PER DAY MINIMUM LOT AREA 10000 SO. FT. 6000 SO. FT. BLANCHE NICHOLSON /t MINIMUM LOT WIDTH 70 60 GINNINGS \ MINIMUM LOT DEPTH 1120 100 VOL. 2015, PG. 951 FRONT BUILDING LINE 30 25 60.3391 AC. SIDE YARD SETBACK 7 6 _ UNITED NATIONAL BANK" REAR YARD SETBACK 10 10 DRIVEWAY ACCESS DIRECTLY TO PUBLIC STREET DIRECTLY TO PUBLIC STREET VOL. 2936, PG. 758 MAXIMUM FLOOR AREA RATIO 35% 40% 10 AC. MAXIMUM BUILDING HEIGHT 2.5 STORIES _ 2.5 STORIES A RETAIL r t OPEN SPACE NONE _ NONE DWELLING DENSITY 2.96 UNITS PER ACRE 3.41 UNITS PER ACRE RESIDENTIAL USE 44.91 ACRES 2.05 ACRES WE. WLLIAMS N LOIC I N LOOP 288 VOL. 392, PG. 345 / PD-90 1.0 AC. (REMAINDER) , TRAFFIC GENERATION NO hry0 MULTIFAMILY LAND USE Of LOTS 6.8 AC. 132 SINGLE FAMILY UNITS X 9.55 AVERAGE TRIPS PER DAY = 1,261 TRIPS, MULTIFAMILY FOUR-PLEX 14 DUPLEX UNITS X 6.47 AVERAGE TRIPS PER DAY = 91 TRIPS. 2F DUPLEX 7 6,2 AC. 8.0 AC. TOTAL TRIPS = 1,352 TRIPS, FOR THIS PROPOSED DETAIL PLAN. SF-10 132 TOTAL 139 « : Ct s as 13'z/• E 422.1 \ 1~ PROPOSEO R.O.W. i + + + irva an- fi Ir x x F + + + D4PLEX LOTS + + y + + 6.4 AC. . + + + + ~ + + HERCULES LANE mro x e,eINC uc CAMW - - - - - - GERALD W. & 'ERALD W. & ROBERT M. BROWN LOT 1, BLOCK 1 ° A „ co NAZARENE ADDITION TONY A. RILEY VOL, 16 VOL. 1631, PG. 955 CAB. D, PG. 82 ! ©r t • TF R. 0019780 TRACT 1 N ST06'12' TRACT II V SF-7 • * 4 ~7 ZERO LOT IJNE NUWKR RADIUS \ o • t R r C1 370.00' 12.6 AC. C2 101. 1 » S x9'07'43 E 112.17' _ T F7 1 S2 _ ~ u 1 e » . r x'. '.71 x . A f 1 A A _ 7si uu 'v CAMBRIDGE SQUARE UOyv VOL. 4, PG. 38 g " orb a tl !+t R.. u~ )1 / J \ _ i t\ S S ep ~ t .tom A q 1 0 111 ~ ~ 1 ~ it f~ I~ ' I u "u It u ~ R ' ZZ ~ i SF-10 NI fL00DPLAIN m OETENT* POND j am[. Jsi~ LINE (ZONE X) _ T 1 L__..I% v L. i t :_v CROMWELL DRIVE E u uvi~' HONWAoow HWWA°°w DRIVE AUG 2 81997 } 77 i 4f - I T 9ID .nryip < ~•.r~pr r'r II E 199 1? U l1NE NE (ZONE AE) w M~-m . N 11'19'34 W 9.91' , . -M" Row- N /5100' E AOPOSED R.O.W. arr t . ~ -n.- . - - - 4a 5 16'45 W - - --KN~S RQ1V _ ° - S 5'24 9' W .37' 13 . - ' ',1401 ' 1I zz 3 or '49' W 30.00' ZZ f - < _ 1 ■ HANNAH ESTATES CITY OF DE TON PHASE I HANNAH ESTATES ELECTRIC SUB TA11ON CAB. C, PG. 381 1 HANNAH ESTATES PHASE IV VOL. 512, P . 27. i~ PHASE III, ORB, F. PC. 316 - CAB. F, PO. 84--- SF-10 A I l' mgaAi • • manner hold itself out as an agent or official representative of the CITY. 6.3 Assignment. The ASSOCIATION shall not assign this Agreement without first obtaining the written consent of the CITY. 6.4 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the united States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: CITY ASSOCIATION City Manages Chairman/Director City of Denton Tejas Storytelling Association 215 E. McKinney Karen Morgan Denton, TX 76201 595 Jernigan Road Copper Canyon, TX 75067-8596 6.5 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the ASSOCIATION and their respective successors and assigns. 6.6 Application of Lars. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 6.7 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 6.8 Duplicate originals. This Agreement is executed in duplicate originals. • 6.9 Headings. The headings and subheadings of the various sec- • • J tions and paragraphs of this Agreement are inserted nerely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. PAGE 8 F • sn . . "a.=Y".f.?l1Mtwnnir -EXECUTED this day of , 1997. THE CITY OF DENTON, TEXAS By: JACK KILLER, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: t } By JENNIFER WALTERS, Bye HERBERT L. PROUTY, CITY SECRETARY CITY ATTORNEY TWAS STORYTELLING ASSOCIATION By:i-.r- ~~t t t CTsa rman/D rectory ATTEST: APPROVED AS TO LEGAL FORM: By: By; Secretary r At\STORYTTIL.R PAGE P i _ ti ~ • ` rJ} l.x st Cx i 5~ -fZ{ • r • i Agenda No. AWda Item Date CITY OF DENTOM TEXAS Fktsneo Depetnm rTt 2 f5 L NeKkwwy Denton, Texas 76201 TeMp"m (940) 349.8288 • DFW Metro (972) 834.2529 • FAX (940/ 349-7789 I. I j MEMORANDUM TO: Honorable Mayor and Members of City Council y~-~ FROM: Kathy Du Bose, Assistant City Manager of Fimnce Y~/ DATE: August 28, 1997 ~t' SUBJECT: RESOLUTION TO APPROVE THE 1997-98 CIP Please find attached a resolution to approve the first year (1997-98) of the five-year Capital Improvement Program (CIP). The 1997.2002 CIP was presented to City Council on June 17, 1997. As you may recall, the 1497-98 proposed budget includes funding to accelerate t1w implemenmion of the five year CIP (approved by citizens in 1996) by completing the plant one yeu early. The proposal to accelerate implementation of the CIP was presented to City Council during the August 8, 1997 budget workshop. If you have any questions, please contact tne. Thank you. KD'Ith v roe+~ a ~ lo" Tedkared w Qudq Stake' s:J emu- T r I t • - - ~{,5^r~`~iTi.'C~.t.-.r.s~• ~~r~rr~r'C~``}L +~'r.~~'~fy'c} • • ~A:%C"ITAL.IM RESOLUTION NO. A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSSD BY THE PLANNING AND ZONING COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 11th day of June, 1997, the Planning and zoning commission recommended the capital improvements to be constructed during the forthcoming year; and WHEREAS, the City Manager furnished a copy of the recommenda- tions to the City Council on the 17th day of June, 1997; and WHEREAS, all of the above actions were taken in compliance with the requirements of Section 10.03(a)(6) of the City Charter; and WHEREAS, the City Council wishes to formally adopt the recom- mendations of the commission; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Council approves the list of capital improvements proposed to be constructed during the forthcoming year, which is attached hereto and incorporated herein and made a part of this resolution for all purposes. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1997. f i i JACK MILLER, MAYOR • ATTEST: JENNIFER WALTERS, CITY SECRETARY r I BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY, / k W. ai' I - r • 0 1997.2002 CAPITAL IMPROVEMENT PLAN GENERAL GOVERNMENT MAL teal ISMU lVID Ata WAIL QWAT, 111atJlT l.Oa1a10 mm UVAM WHO cm M 1arOr6eT me 17AA DNIOYT NLN~ poomm VAW 110aF4 Irlala 010 ummom IUdO Oari11T. CaaT6 MIM►. 97.96 Disk rp 061016 Rodr Eablaa Dlairrp - PH 4 125,000 126,000 125,000 97.96 Doi rpa 061062E Ww Drain Capitol knp for Paorr Creak MAD 219.000 170,000 Olin Drainapa 061060 Emo Dr Drain tClrrabrrdTAr&) 946.000 916,000 946,000 97-6 Drairap 0610620 M ec Drain CapW irv PH M 125,000 125,000 125,000 1,000 97-06 Dnire" C61O17 Mom 9"m 0 0 : 50,000 50,000 50,000 S00 9756 Dr*wpa 061050 FMr1w & - dr at krdw up 150,000 150,000 150,000 1,000 97-6 Drai sp 081082E Mina Drain Caput )rnprova PH V 51,000 54,000 54,000 97-08 prKUpa 061042 Plow Ck t4adrtra b Man Gwrrl 20,000 280.000 266,000 9740 Drainage 061041 Pawn Ck Syr ram S. b Ruddel 302,000 502,000 302,000 97-96 Dr~ 081025 Pow CmA-R Akli 750.000 250.000 250,000 97-96 0181 pa 061061 Pow Crank Trb FE0 4 (2113) 1.000,000 1,000,000 1,000,000 97-06 Farb 008001 C Upprapa EOO Parka PM M 360,000 360.000 380,000 3,000 9746 Farb 006375 Aldaic FWft Adllmu i a wq. 500,000 500,000 500,000 91.96 Prb 006321 Erprrinn Dario 6 N taut Roc Ch 1,000,000 1,000.000 1.000,000 75,000 9756 Parka 0063060 Atook Fadba Ronov 6 Dev PH M 500.000 600,000 500,000 97.96 Parka 006329 DwaAnrn Irrrprwnrrwrka TOD,000 700,000 150,000 WOOD 97-96 Trans 001019 Each DrM Sidarro k 51,000 61,0w 51,000 97-0 Trana 0010,58 Sidaw6cam&v4ars PH 1 14000 112,000 112,000 97-6 Two 0010220 SWW Roo"In coon PH M W'COO 160,000 150,000 97.90 Tram 0010170 Trwk S*" PH M 225,000 225.000 225,000 97.96 Trarv 001022E skaai Carwivc6an PH V 140.000 140,000 110,000 07-96 Trorm ODION Coin St Pov 4 Drain PH M 810,000 11401000 MAO 97-96 Trans 001074 Maaoh barrel Road PH I 1,187,000 1,167,000 1,567,000 97-96 Trrr 001006 "Rw SidawR 36,000 36,000 36,000 97.06 DL4*v 0007! DMC Rarwakon PH I 715,000 715,000 660,000 1 21,000 179,000 97.96 nib Svcs 006001 Dab Praaaanplm SYIWM 2,1100,000 2,00.000 2,000.000 4,000.000 97-96 Prb Sally 00701 PH I F164bub sms Comp k* San 2,000.000 2,000,000 2,00.000 TOTAL 0 1,667,000 0 4, 1 T4, 1, 000 Y 9746 skAdrB Rarmab Car" Fn SbAan 40,000 406,000 410.000 97-96 Drwopa Aubnrbd Fbod Ww, d p Spasm 260,000 260,000 26.000 GRAND TOTAL ~9. W,m%o owWk.@b1 of aAq@bort Acid Dakv" rd 9wral And membroaa. 4, • f • I 1997-2002 CAPITAL IMPROVEMENT PLAN ELECTRIC UF)UT1ES TOTAL TOTAL PROJECT PROJECT BONG CURRENT UTNM A04N FOCALYFM NUMBER OA PROJECTKAME COST FUND REVENUE FUNOM CONSTR COST 961011.01 1 (R) POWER PLANT W"OVEMENTS 7G 525 126 70 125 96101102 11 MPOWERPLANTEQUIPMENT 0 20 20 0 20 961D1103 14 (T) OFF" FU"TUREANDEOUIPMENT 0 10 10 0 10 TOTAL 1907-08 ELECTRIC PRODUCTION so 736 356 1o '7156 961011-01 3 (G) OMEXTENSIOMSAWIMPROVEMENTS 1D 3289 3299 10 5269 96103102 17 (G) POWER FACTOR IMPROVEMENTS 0 35 35 0 36 96103103 4 (0) UIO EXTENSIONS AND WROVEMENTS 0 1427 1427 0 1.427 961D3164 S (G) TRANSFORMERSANOEQLIIPMENT 0 $0 343 0 343 961031-06 11 (1) M55C. TOOLS AND EOUIPMENT 0 50 so 0 SO 96103106 19 (v5) OM TO LNXRGAotm CONVERSIONS 0 300 300 0 300 96103167 14 (G) MW OFFICE EQUPMENT6URIUTURE 0 S S 0 S 96103148 20 (G15)CONTMIGENcY 0 4DO 400 0 400 96103109 3 (G) WVA 0* UPGRADE (POLE S AND CONDUCTOR) 0 339 339 0 338 961031.10 9 (G) RESIDENTIAL STREET LKWTS 0 Sl Si 40 91 961031.11 9 (G) STREET LK44TS • ARTERIAL O 82 82 0 82 961031.12 9 (G) STREET Ll()14TS • SECURITY 40 40 0 4D TOTAL 199746 ELECTRIC DISTRIBUTION 30 53,310 53,310 540 $3,380 96103201 6 (R) REPLACE 69 KV BREAKERS SO 80 360 so 360 96103202 8 (G) TRIPLEX LOCUST SMTATION 750 0 5760 0 750 • 96103203 8 0) NORTHIANES I$' v BREAKER CONVERSION 0 90 90 0 90 961072-04 B R) REPLACE OVERCvRRENT RELAYS 0 36 38 O 38 96103206 14 (N) FURNMURE AND FUTURES 0 1 1 c 1 9610324)6 16 M LUC FIBER OPTIC PROJECT OPTIONAL O 100 100 0 100 961032.07 14 (N) FURNITURE AND FIXTURES 0 25 23 0 25 TOTAL 199748 ELECTRIC SUBSTATIONS 5750 3312 $1,012 10 51.0112 96101401 8 (G) METERS IASSOCIATEOEQLAPMENT 10 "3 U13 1D 5213 f 961034W 1 (T)REMOIEMETER READ910EQUIPMENT 0 86 86 O as 961034-03 20 (G) IM#1TERRIIPTED POWER SUPPLY 0 10 10 0 10 96101404 6 (T)HANOHELDREADMDEWE _ 0 12 12 0 12 TOTAL 199748 ELECTRIC METER FIELD SERVICES 1o 5300 1JOo b 5300 96105161 2 M DMC RENOVI.TOON On so _ 5323 1o SJ23 TOTAL 199746 ELECTRIC ADMINISTRATION on 50 5321 SD 5323 • • 1997-2002 CAPITAL IMPROVEMENT PLAN ELECTRIC UTILITIES TOTAL TOTAL FPWRO-ME" PROJECT BONA CURRENT UTVJTY A04H F*CALYEAR ER OA PROJECT NAME COST FUND REVENUE FUNDING CONSTR COST %1061-01 11 (N) TOOLS AND EQUWtkNT 10 190 i20 10 S30 06106142 10 (R) 6CADA LM'o" 10 1176 1176 10 1178 161061-03 10 M 018 SERVER LWORAOE 10 Vs 618 /Q 116 TOTAL 190744CDMMUW.ATK)NS 10 Nis 123 10 1213 i TOTAL 1907.0 ELECTRICOEPMTMENT slim J;F,NO 18,313 GIO 16,763 j i~ 1 i . 4 .r.w ~rrr W ~~IMr~IR • • I - 1997-2002 CAPITAL IMPROVEMENT PLAN WATER UTUTIES TOTAL TOTAL TOTAL PROJECT PROJECT BOND CURRENT UTIIJTY ADN FNICAL YEAR NUMBER GA PROJECT NAME COST FUND REVENUE FUNDWO CONSTR COST 96406"1 13 (R) MISCELLANEOUS OFFICE fOUVWNTfURItlT{JOE 10 14 54 so $4 960450-02 11 (R) DMC RENOVATION S97 10 567 _ 1D $07 TOTAL 1497-6 WATER ADMINISTRATION 197 $4 $101 10 - NM 960400-02 13 (R) OFFICE FURNITURE AND EQUIPMENT 10 >e IS a 16 %010083 14 (R) TOOLS AND EQUIPMENT w 1s $5 so $6 96040601 14 (R) CHEMICAL FEED AND PROCESS CONTROL EOLRPMENT so 110 510 to 110 96040005 14 (T) TURIIDIMETERS w 130 no 1o sm 96040D80 3 (G) 2 MG ELEVATED STORAGE TANK 13,525 1600 so 1600 so 1600 968464401 1 (0) RAY ROSERTS WTP AND RAW WATER FACILITIES (1966) 111,733 so to a 10 10 9684WA03 2 (G) 600STER STATION AND SYSTEM TIE4N 110,447 so s0 a so a 968400002 1 (G) FIMSNFD WATER TRANSIVISS ION LINE (1911) 11,317 so q so a so 9681W101 3 (G) ELEVATED STORAGE FOR THE UPPER PLANE 1940 1190 10 um so 1616 TOTAL 199746 WATER PRODUCTION $1,50 161 11,541 so 11,541 96-016101 6 (G) OVERSIZE WATERLINES 1100 10 1100 so 1100 954MI-02 13 (R) OFFICE FU"TURE ARID MACHINES $0 S3 13 so $3 950011-03 9 (G) WATER TAPS, LOOPS 10 so 169 5106 $167 96040104 9 (R) MISCELLANEOUS EQUIPMENT 10 a7 a 827 96-0461-05 S (R) REPLACE WATERlk1E • WESTWOOD 5'322 10 119 $11 so 111 • 96846106 6 (R) (1191) FIELD SERVICES REPLACE WATER LIKES so 5200 8200 1o 5200 96001141 7 (G) DEVELOPMENT PLAN WATERLINES 1G 5230 1250 30 S= 960461.11 9 (R) PAR04 LO F so 120 1282 10 120 960161.12 4 MOISTRIKMOMSYSTEM UPGRADE (BERNARD) SIM 161 w 164 so 164 96401.13 10 (G) I- S WATER LINE 11,100 51,100 a 11,100 a 11,100 960011900 4 M DISTRIBUTION SYSTEM UPGRADE "-MAY) 11,473 1300 a 1300 a 8200 W-MIG12 17 (S) STATE MGHIWAY 3110 RELOCATION • EAST 5400 5323 so 1323 1G 5323 968461105 4 (A) (1907) ECTOR 1/• UPGRADE SCRIPTURE TO UNIVERSITY Sm 1416 b "a 10 1496 • 96001To? 5 (R) REPLACE WATERLIES-MYRTLE 5260 SO 1246 1248 to 1246 • J TOTAL 190740 WATER DISTRIBUTION 12,362 16.u $3,215 $100 82,323 . 011 • • • F 1997-2002 CAPITA!. IMPROVEMENT PLAN WATER UTIUTIES TOTAL TOTAL TOTAL PROJECT PROJECT BOND CURRENT UTII TY A" F9" YEAR NUMBER OA PROJECT NAME COST FUND REVENUE FU6)OM COMSTR CAST It2! 2&048241 9 M)WATfR1ETER3 ' 10 $129 1129 so 960/6242 13 (R) OFFICE FURWTURE AWO EOUP ENT N U $1 N ii 96016)!,-03 9 (6)MI6CEllJU*mE01rENT a $t3 $13 N li3 960162-06 9 (R) REHACE FIRE WYDRANTS ANO VALVE 3 1p $33 633 10 633 TOTAL 199741 WATER METER REPAMt $0 $171 1176 ID 3179 96016.101 9 (3) FIELD ECUMMENT $0 $1 31 ID p 96-04830Q 13 (R) OFFICE EVJP ENT $ FURNITURE 10 $t $1 $0 31 f 96048303 12 mOFFICE MACN9ES N $15 I1$ EO 616 TOTAL I99746WATER E11061EERIKI IQ $17 VT 10 $1T 96016001 10 pry LA90RATORY RENOVATION N S4 N b M 96016002 10 m MICROSCOPE IINT11 FLUORESCENCE so w S20 s ~ 9604003 12 (T) ON. INFORMATION MOW. SYSTEM N $1 $1 1D $1 96040001 10 (R) W EOUVWNT 10 N 61 60 M TOTAL 199746 WATERLA90RATORY N $21 SL N 639 TOTAL 199740 63W 61110 I6A7I $101 11,167 I i ' 1 iv 1 f 1 rd a K R / E l' a c ^t.'. • s • s 1997-02 CAPITAL IMPROVEMENT PLAN WASTE WATER UTiL1TIES TOTAL TOTAL TOTAL PROJECT CITY BOND CURRENT CRY A141N FMCAL YEAR NUMBER GA PROJECT NAME COST FUND REVENUE FUNDfN CONSTR COST 964)45141 13 (R) MISCELLANEOUS OFFICE E0UIPMEN7?FURNITURE 80 $4 $4 30 $4 96415142 11 (R) DMC RENOVATION _ $79 so 370 (f0 37Y I TOTAL IM-01 WASTEWATER ADM N $79 $4 $83 so $03 96447001 1 (R) PRIMARY SLUDGE PUMP (NPLT) $7 30 $7 $7 30 $7 96447002 1 (N) VORTEX FLOW SPl1TTER 812 80 812 $12 $0 $12 96017043 1 (in 2CNLOR** ANALYZERS 37 30 $7 17 Sd 37 9604704)4 1 (A) PLANT SCADA UPGRADE 322 30 322 $22 $0 322, 96447045 1 (R) TROMNIEL SCREEN SIBS SO 3186 5166 30 $186 96-0+17005 2 (R) PLANT EXPANSION 21 MOD 3200 $200 30 5200 S0 3200 j 96-047046 3 (R) LiFTSTATOON IMPROV $too $100 $0 _ $100 30 $100 TOTAL 190746 WATER RECLAMATION 5300--- $213 11613 80 $513 95447141 7 (G) OVERSIZE SEWERLINES $100 $0 3100 36 3100 90-0171-02 9 (R) MISCELLANEOUS EQUIPMENT 30 811 1111 W Sit 9641714" 9 (G) SEWER TAPS SO 30 SD 850 850 96047144 8 (G) DEVELOPMENT PLAN SEWERLINES SD 8250 3250 SO 1250 960471-08 8 m WP ILTRATIO N INFLOW CORRECTION INVESTKIAT10N 30 5200 3100 SO 3200 96447147 6 (R) MANHOLE IAPROVEMENT 30 3150 1150 SO $150 96447146 6 (R) FIELD SERVICE SAMTARYSEWER AEPLACEMENT 30 $60 1611 30 360 • 960471-11 S (R)REPLACE SEWERLINE3-UNDERWOOD-PNASE1 5311 30 $17 $17 SC $17 11 96-0471.12 3 (D COOPE R CR E EX LIFT STATION R475 3275 30 3777 30 327'S 964471002 S (R)IWSH"ORYCAECKINTERCEPTOACRECKCROSSING 3463 SO $486 5486 30 3186 964171 G11 15 (R) HWY 360 SEWER LIN E RELOCATION $477 8100 W 5400 SO 9100 964471 H12 3 p) DENTON WEST FORCE MAIN 3352 5307 SO 5307 30 "a 95-0471105 6 (0) (1907) UPGRADE INTERCEPTOR S M CORRECTION $1,750 1715 SO $Tts so $715 960471110 S (R)CLEVELAND37.SEWERIPECANCREEKCROSSING $245_ 3231 30 9231 $0 5231 TOTAL 199740 SEWER COLLECTION WOO 31,t43 $3,171 $50 S31m O 96-047241 9 (S) FIELD EQUIPMENT 30 p $3 f0 u 964172402 13 (R) OFFICE EOUIPMENT& FURNITURE 30 11 $1 _ SO $1 TOTAL 190740 WASTEWATER ENGINEERING 30 $4 64 SO 64 068"741 10 (R) LABORATORY EQU0 MENT 30 $2 $2 SO 62 964161 d2 10 (T) A NA LYTICAL EQ LA PME N T U PGRADE 30 $12 312 30 812 95" 143 12 (T) DIV INFORMATION MCMIT SYSTEM SO 93 $3 $0 33 • ~1 • 1997-02 CAPITAL IMPROVEMENT PLAN WASTE WATER UTiLMES TOTAL TOTAL 0 Al PROJECT CITY BOND CURFwff CITY A044 F19CAL YFJIR NUMBER GA PROJECT NAME COST FtW REVENUE FUNDW CONSTR COST 96016144 10 (1q CNEmKAL CAg1ETS so S4 $4 90 14 960161-06 10 (R)LA60RATORYEMMMENT so IS IS 90 96 9644ette 10 (R) LADRENONATION 1 _ 60 912 912 60 $12 TOTAL 196?-6 WASTEWATER 1ADORAT01Y 90 629 679 60 079 9$048301 10 (T) ON WORAMTION MOMT SYSTEM 90 $3 $3 lb $3 96046302 10 (6) REMOTE MOWTORINO EOWPMENT 90 912 312 90 712 9644LM 10 (R) WAIPUNO EOUMMENT 90 94 $4 90 61 TOTAL 196746 PRETREATMENT p 619 619 90 610 TOTAL 1997-6 Sze 61.422 VAN 900 p'9m f q,. G• .r L .;t , t • • • 1997-02 CAPITAL IMPROVEMENT PLAN SOLID WASTE TOTAL TOTAL TOTAL PROJECT PROJECT BOND CURRENT CRY AlO4N FISCAL YEAR NUMBER GA PROJECT14AME COST FUND REVENUE FUNDMIO CONM COST 96400601 3 (R) MISCEL OFFICE SUPPORT EPl."ENT W S2 32 so $2 964900.03 9 M DMC RENOVATION _ Sal f0 $51 10 $61 j TOTAL 1997. 999 SW ADWSTRATION "I S2 553 SO so 96400141 3 (R)MISCELLANEOUSOFFICE EOUIPMENT SO S2 $2 SO 52 960601-02 13 MON-0OARDCOMPVTERSYS7EM 80 S10 810 S4 NO TOTAL 1997.1996 6W RESIDENTIAL 66 812 812 80 $12 964eo241 5 (NR)MISCELLANEOUSDUMPSTERS 80 $155 $155 80 5156 96-000243 S (KNI)DVMPSTERSCREENING 0 $5 80 0 56 :60902-04 13 (R) MSSCBL. OFFICE SUPPORT E(YAIKNT 0 63 $3 0 $3 TOTAL 1997.1999 SW COMMERCIAL 80 8163 $163 80 8143 90400341 3 (R(MISCELWiEOUSOFFICE EOUIPMENT 80 95 65 SO 85 964861/02 9 (G) M4ASE 1 LANDFILL CONSTRUCTION $3"1 SO 83,231 80 83231 964603.43 4 (G) BUFFER ZONE 8200 f4 5200 SO 5200 96490.305 9 M MAINTENANCE BLALOMIG 94 899 us 80 899 N450347 13 (R) MISCELLANEOUSTOOISiEOUWMENT 30 82 $2 9o $2 96496340 9 p) SPENCER OROGE 590 q 896 80 896 96496110 9 M WIDEN TURVN LANE OFF MAYHLL ROAD 631 80 631 SO 834 r TOTAL 1997.1990 SW DISPOSAL $333 N02 93^V SO 53.652 964604-01 IS 0 RECYCLING SITE NIPROVEMENTS 80 95 $5 80 85 99400402 10 (0) ADDITIONAL I EXPAND RECYCUING SITES 9o 815 915 BG its 96-0904-03 3 (R) MMEL OFFICE SUPPORT EQUIPMENT 80 $2 92 60 62 96000146 f 1 (G) RECTCU NG CONTAINERS 80 812 612 60 912 954804-07 11 (0) APARTMENT COMPLEXRECYCLNO SD 810 NO 80 510 TOTAL 1997.1996 SW RECYCLING SO 641 $0 W S44 • TOTAL 1997.1996 93,911 8313 93,944 80 R3,90/ ~wti.. -+r'wrlV!AM~'K R r • it 1998-2002 CAPITAL IMPROVEMENT PLAN M»►»» FLEET SERVICES TOT WTAL TOTAL PROJECT PROJECT BOND cume T CRY ADM OTHER PROJECT NUMBER OA PROJECT NAME COST FUND IIEVENU! FUNONO COMM COfT _ 9605801-101 e m CONSTRUCT NEW FLEET SERVICE CENTER s925 So so sans so sm 8925 960580-01 1 (R)LASER PRMER 1.S 0 811 81.5 0 0 1.5 964584-02 s (R) AIR-WACT WRENCH 2 0 2 2 0 0 2 98-058403 S (T) EMISSION CONTROL EOUPWNT 8 0 8 8 0 0 S 96058404 < (T) ENVIRO SERVICE VATS 2 0 2 2 0 0 2 TOTAL 199745 FLEET SERYICES • VEWLE MAW. 0 13 I 98.0583-01 1 (R) LASER PRINTER s13 s0 s1s $1.5 s0 so $1.5 9845831+2 5 (S) CATNOM PROTECTION FOR UST* 23 0 23 23 0 0 23 W-05S303 2 (0) OFFICE FURNITURE 2 0 2 2 0 0 2 TOTAL 199744 FLEET SERVICES • PARTS & FUEL so s28.5 s28.5 so s0 Z0. TOTAL 1997.98 FLEET SERVICES i r ~ ~ I • 1` ?~f.~ -:~Y i `.11r ~ fi. 7:! ~ti~i ~Tv n r y i )~I tiJ~~ ~ w ~1 r :.br':yL~..1.4'.'S-.~✓.:!T::il~l.i1r)'L'a.!.3 CCX.-~Y NL.49i.W'fi~.2Y.3NLYiVY~AC~7".^I Y~Wt ' AWda No. AQar:da Rem CITY COUNCIL REPORT Date TO: Mayor and Members of the City Council FROM: Michael W. Jez, Executive Director of Operations SUBJECT: Amendment of Ordinance No. 97-145 Prescribing the Number of Positions in Each Classification of tolice Officer RECOMMENDATION: That the City Council approve an ordinance amending Ordinance No. 97-145 to reflect an increase in Police Officer (and Recruit) positions to a total of ninety-eight (98). SUMMARY: The requested increase in Police Officer (and Recruit) positions is i necessary for the employment of nine (9) police officers awarded to the City of Denton II under the Community Oriented Policing Services Universal Hiring Program. f BACKGROUND: On May 20, 1997, the City Council passed Ordinance No. 97-145 which authorized eighty-nine (89) Police Officer (and Recruit) position in the Police Department. The City of Denton recently received approval for funding for nine (9) police officer positions through the Community Oriented Policing Services Universal Hiring Program. Therefore, the Ordinance must be amended to reflect this increase, bringing the total number of Police Officers (and Recruits) to ninety-eight (98) as shown in Exhibit A of the proposed ordinance. PROGRAMS, DFPARTMENTS OR GROUPS AFFECTED: In Community Oriented Policing: A Strategy, the internal planning document accepted by the City Manager and the City Council, it was projected that seventeen (17) additional police officers were needed by the year 2000 to maintain current service levels. These nine (9) police officers, plus the six (6) COPS grant officers and one (1) Family Services Grant detective already in place, wtill provide the Department with sixteen (16) of those offnceia rmiramended. The phenomenal growth of the area and the length of time necessary to 1 hire and train police officers makes the addition of these officers in 1998 crucial to the continued maintenance of the current service levels and the expansion and enhancement i of the Department's Community Policing efforts, thereby increasing citizen satisfaction with Police services. i J.fi - FISCAL IMPACT: The Universal Hiring Program provides a total of $75,000 Per officer over the three (3) year grant period. The total grant funding for nine (9) officers is 5675,000. The local match is required to increase each year. Projected costs for the three (3) yeas grant period is as follo%s: Federal Match Local Match "I Year l $262,257 (76.500/.) S 80,563 (23.500%) $342,819 Year 2 230,895 (65.390/6) 122,209 (34.610) 353,104 Year 33 181,848 (50.000,19 ) 181.848 (50.OOYoI 363.697 Total 675,000 (63.700/.) 384,620 (36.300) 1,059,620 i Gl/ z i q:e ations Execctor Oper i r • n r rC~~, ~''S'~`sw1 Y(., 'a+r . ~fr *S t f'la t0/ .r ors ORDINANCE NO. A:Q ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 9'•145 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF PONCE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFI- CATION OF FIRE FIGHTER; REPEALING ALL PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS TO THE EXTENT OF ANY SUCH CONFLICT; PROVIDING A RE- PEALER; AND DECLARING AN EFFECTIVE DATE WHEREAS, on May 20, 1997, the City Council passed Ordinance No. 97.145 to imple- ment the recommendation of the Firefighters' acrd Police Officers' Civil Service Commission of the City of Denton, Texas, upon the recommendation and request of the Director of Civil Sere- ice, Denton Police department and the Denton Fire Deparbaeat, adopting and approving a schedule of Authorized Positions which relates to compensation sad classification of police offi- cers and fire fighters; And WHEREAS, since the passage of Ordinance No. 97-145, the Police Department has de- termined that this ordinance needs to be amended to more correctly reflect the total numbs of Police Department positions and to add nine Additional police office positions; NOW, THERE- FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Ordinance No. 97-145 is hereby amended by adopting the schedule prescribing the number of positions for each classification of police officer and fire fSker in the City of Denton, attached hereto and incorporated by refaence herein as Exhibit A, is hereby ap- proved. . r SECTION 11. That Ordinance No. 97-145 and all prior ordinances or r"ohWons of the City of Denton, Texas, in conflict herewith are repealed to the extent of any such conflict. SEC]]ON III. That this ordinance shall become effective immediately upon its passage • and approval. PASSED AND APPROVED this the day of_ 1997. ' JACK MILLER, MAYOR f i_ P i ATTEST: . JENNIFER WALTERS, CrrY SECRETARY _ BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 0 ~A of CAWP&4"k A Pam whom E 2 ~ s. • ; ! 2' 4 i t 4 t r, + ~r 'S _ 62 lsft lt + J ♦i, , at , ~ ~s.~ .,r a r? ri1~+21 ra"'~Y~+A't(j{,'• ~'~'~ty'r k~ tAiF.1Lf • - r ~ ~~"!a3 lr:-~'L a~tf}rJ irl~.~V,~~. ~iM !a iy~. 4 ~r:fi... ~t'~^ • i FJOIIBIT A ORDINANCE NO. CITY OF DEMON SCHEDULE OF AUTHORU" POSMONS POLICE DEP The Police Departaxat is authorized 121 positions m foilm: Chief of Police 1 Assistant Chief of Police 1 2 Lieutenant 8 Sergeaat 11 Police Officer (and Recruits) 98 FIRE DEPAR The Fire Deputraw Is authorized I D5 position as follows. Fire Chief i Deputy Fire Chief 1 Battalion Chief 4 Captain 20 Driver 31 Fire Fighter 48 l r c CY ~f r , ` n q ~Jr ~•~~-~•LLi9~~~Y 1rL.^_y 'tnL r tM~i s 3e r- D , Agenda No.~l ~ , Af:aEa Item { Data # CITY OF DENTON, TEXAS J9lrtterwo Dwoa tol"t 215 L McnhmK Denton, Texas 76201 Tebphaw 1"M 349-8188 • DFW Mebo (972) 434-2519 FAX (948/ 349-7789 TO; Honorable Mayor and Members of City Council ; FROM: Kathy DuBose, Assistant City Manager of Finuke f DATE: August 28, 1997 SUBJECT: ORDINANCE TO APPROVE THE 1997-98 BUDGET Please find attached an ordinance to adopt the 1997-98 budget as amended by City Council. Due to additional resources totaling S53,000, City Council was able to add to the proposed General Fwd budget twn additional park trtaimcnarta positions and equipment (547,198) red additional library material! ($5,802). General Fund resources and expenditures total 541,344,295 (see below). Totals for other funds remain unchanged front the proposed budget. S.~t4 Proposed $41,291,293 L Sales Tax Adjustment 53.1)00 E 1997-98 Taal Resources 541,344,295 l F.xneedkernes E Proposed 541,291,293 Ptak Positions/Equip 47,198 Library Materials 5.802 1997-98 Total Expenditures 541,344,245 k The tax rate used to balance the Gets" Fund budget is 5.51315 per $100 valuation which reBem a 5.01525 per SI00 valuation or 2.9% reduction in the current tax rate, The total 1997-98 budget for all funds, including debt, utility and internal service funds, equals $173,925,789. Please contact me if you bave any questions. Thank you. KD/1nh ' Avachmenl *Dedfcaped jo Qk&gy Stm*0 0, 1 A} f T J 1 + i ,+i♦ tiT..)~;r rl` +•r 37.'1 i ~'-t { Jul.:. ~Y `K<1i~ ' Lam'. 4 ---...~...jx n -,~rr'~~'F,:tiy~t t:s~,a, {}>'4+'' r.tx ; rJ<` t. • • . A: %AMPT. BUD ORDINANCE N0. AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1997, AND ENDING ON SEPTEM- BER 30, 1998; AND DECLARING AN EFFECTIVE DATE. WHEREAS, notice of a public hearing on the budget for the City of Denton, Texas, for the fiscal year 1997-98 was heretofore pub- lished at least fifteen (15) days in advance of said public hear- ing; and WHEREAS, a public hearing on the said budget was duly held on August 12, 1997, and all interested persons were given an opportu- nity to be heard for or against any item thereof; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the budget for the City of Denton, Texas for the fiscal year beginning on Octobcr 1, 1997, and ending on September 30, 1998 prepared by the city Manager and filed with the City Secretary, as amended by the City Council, is hereby approved and adopted, a copy of which budget is attached hereto and incorporated by reference herein. SFCTiON II. That the City Council hereby appropriates from available resources to the following funds: General Fund $ 41,344,295 Electric Fund 81,656,584 Water Fund 15,508,194 Wastewater Fund 10,873,438 Solid Waste Fund 7,466,325 Fleet Services Fund 2,378,778 Warehouse Fund 3,550,552 Motor Pool Fund 3,866,414 Communications Fund 457,030 Recreation Fund 679,466 Tourist & Convention Fund 784,607 Emily Fowler Fund 78,431 Police Confiscation Fund 56,800 General Debt Service Fund 5,224,875 Total $173,925,789 • SECTION iIi. That the City Manager is hereby authorized to transfer the amounts of money for employee benefit and salary adjustment's as contained in the 1997-98 budget to the various departments. ggCTION IV. That the City Manager shall cause copies of the budget to be filed with the City Secretary and County Clerk of Denton County. 's y OW.r •#.:l> ,:1oii".Xi4!`~.Sfits'.T.i.'7e`..`YibYtifSiH'V~~o..sa.i,.-- SEaION_ V. That this ordinance shall become effective immed- iately 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 q BY: f S E PAGE 2 - 1 ti -~t~• !3 , r r1~ xCY 61~Y~., ~ f' 1 t S > iy h. +,~1~F :f Z;~•. _ 1 • k Agenda No. Agenda Itam r Date "'o2? _ 9 CITY OF DENTON TEXAS Fbmme Deperbnsnf • 215 E. AkKkwwy • Dens,, Texas 76201 TeAaph" (9401349.8288 DFW A4&v (972) 438-2529 FAX (940) 349- 7789 MEMORANDUM , TO: Honorable Mayor and Member of City Council FROM: Kathy DuBose, Assistant City Manager of Finance -Y Y DATE: August 28, 1997 °Y SUBJECT: ORDINANCE TO APPROVE IHEAD VALOREM TAX RATE + Please find attached an ordinance to adopt the ad valorem tax rate for 1997. The proposed rue of $0.51315 per $100 valuation is W01525 (2.996) below the current rue of $0.5284 per $100 valuation, and is used to balance the 1997-98 bud8et. Once adopted, $0.19307 of the rate will be dodicated to fulfill General Debt Service Fund requiremet>ts, and S0.32008 will be used to provide for General Fund operations and rnaintemnce expenses. If you have any question, please contact me. 'shank you. KDlcr i Attachment i l .y. E r 'Ardttared to Quality Senk-c' _ _ r.V `r S ~K.2~,Yyjq' . a fr'ie ~M1 vhf ,e ~ p ~ t ~l 'k~ ~ ell • ' ~AOVAirOAR ORDINANCE NO. AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 1997, ON ALL TAXABLE PROPERTY WITHIN THE COR- PORATE LIMITS OF THE CITY ON JANUARY 1, 1997, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION _L._ That by authority of the charter of the City of Denton, Texas, and the Laws of the State of Texas, there is hereby levied for the year 1997, on all taxable property situated within the corporate limits of the City of Denton on January 1, 1997, and not exempt by the Constitution and Laws of the State of Texas or by Sections IV, V. and VI of this ordinance, a tax of $0.51315 on each $100 assessed value of all taxable property. SECTION II. That of the total tax, $0.32008 of each $100 of assessed value shall be distributed to the General Fund of the City to fund maintenance and operation expenditures of the City. $f_'CTION III. That of the total tax, $0.19307 of each $100 of assessed value shall be distributed to pay the City's debt service as provided by Section 26.04(e)(3) of the Texas Property Tax Code. cFCTION IV. That pursuant to Article VIII, Section 1-b of the Texas Constitution, and pursuant to the prcvisions of Section 11.13(n) of the Texas Property Tax Code, one-half of one percent of the assessed value of residential homesteads, or $5,000 of the assessed value of residential homesteads, whichever amount shall be greater, shall be exempt from City ad valorem taxes. ,SECTION V. That pursuant to Article VIII, Section 1-b of the i • Texas Constitutiou, $25,000 of the assessed value of residential homesteads of persons sixty-five (65) years of age or old--r shall i be exempt from City ad valorem taxes. sFCTION VI. That pursuant to Article VIII, Section 1-b of the Texas Constitution, $10,000 of the assessed value of residential homesteads of disabled persons shall be exempt from City ad • valorem taxes. • eFCTION VII. That for enforcement of the collection of taxes hereby levied, the City of Denton shall have available all rights and remedies provided by law. i JCTSON V That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or the application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance and the City Council of the City of Denton, Texas, hereby declares it wtald have enacted such remaining portions despite any such invalidity. SECTION U That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1997. JACK MILLER, MAYOR ATTEST : JENNIFER HALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 1`~.t t. i PAGE 2 3 ` II ~ i y ~rj lkl♦ IC +4i { 1, .+L,h~ . t• y JY%t~}' CC t <;Y '~S7~ w1 ~ IZ'~ r i..~. ry!~ ; y ~ • • ' r i 01 A§061 No INo- Agenda Item ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDMJRL, 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 rc%iewed 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: SEC ION_I. That the numbc:td items in the following numbered bids for naterials, E 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 2081 1,2,5 GESCO $31,260.00 2081 3 PREFERRED SALES $ 12,207.00 2081 4 WESCO S 19,520.00 SECTION II, That by the acceptance and approval of the above numbered items of the F 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 stuns contained in the Bid Invitations, Bid Proposals, and related documents. SECTION W. That should the City and persons submitting approved and accepted item 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. 1 • _ - Ceti • ' 27- ~_r~ i SEC QN ty. That by the actrptancc 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. SECTIOhLY. That this ordinance shall becocx effective immediately upon its passage and approval. PASSED AND APPROVED thus _ day of 1997. i I JACK MILLER, MAYOR t ATTEST: JENNIFER WALTERS, CITY SECRETARY Ry- APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUMY.ORD 2 It x • DATE: SEPTEMBER 2,1997 CTTY_COUNCIL.REPORT ' TO: Mayor and Members of the City Council FROM: Kathy DuBose, Assistant City Manager of Fir, , x SUBJECT: BID N 2081- DISTRIBUTION TRANSFORMERS RECOMMEZYDAnON: We recommend this bid be awarded to the lowest evaluated bidder for each item: iliaYi ~!„g'L~ k ~~y.~r .r.:. nA.~.Fo, ,L~-,'":.:e✓'.'4• L 3 EA 300 KVA 124/243 Psdmountto GESCO at $5,195 EA $13,585 2. 1 EA -'W KVA 120/209 Padrnount to GESCO S6,345 3. 3 EA 150 KKQVA 2771490 Podmount to PREFERRED SALES at $12,207 S4,W' EA t . 4. 4 EA 340 KVA 2771130 Padmount to AT-WO at S400 EA $19,320 l S. LEA 1000 KVA 2771490 Padmount to GESCO S9,330 Total bid award 562,987.00 SUMMARY: These transformers arc for specific work orders or maintenance of the electric distnbution system. Work orders included are Trammell Crow Loop 288 and Spencer, Denton Lodge, DISD Maintenance l Facility, Sundown Ranch Lift Station, DISD Ryan Shop, Golden Triangle Industrial Park and DISD McMath Middle School. , I The evaluated price recommendation takes into consideration such factors as load losses, no load losses, efficiency of the unit and 20 year life operation cost all figured into a formula to determine the lowest overall cost of the transformer. PROGRAMS, DEPARTME M-ORGROUPSAFTECTED: City of Denton Municipal Utility and the previously listed work order projects. i FISCAL IMPACT: These items will be purchased from 1996197 budget funds for capital improvements to the distribution system. Account #610-103-1031-3680-9222-CO27801A, Attachments: Tabulation Sheet . Respectfully submitted: j i S~ a u Assisun ity Manager of Finance 1 A roved: f . 0. Name: Tom w- Title. Purchasing Agent 915.AGENDA - 3 j t M«~ L. i ✓y i^a~ jz~'~1 .{.T t}y _.,NyY., Y~~'.`> u~_}', : BID R 241 ONTRANSfORMfJ1S TEMfLL WESOO KIIS PREFERRED GENERAL PRIEBTER TECHUNfi SESCO { IUD NAME DISTRIBUTI SALES ELECTRIC OPEN DATE AUGUST 12, W ..QT1 Descur710N VLm" _y! _ VL°IDOR _ _ VENDOR _ ViltDOt_ _vrHDo>~ VENDOR VENDOR ( 1. 3 3PH UG 7M KVA 12WM 36,tl4M MAIM ~ 223.1 X71 M 63&19401 W !6.18 $SIM S "NSA 1 I 310H UG 501 KVA 1251208 57 34.1 37.13.4 'S7,3"AS 34,337.4 56,364.4 $7.31288 56,43&!0 58.211.11 3. 3 3PH UG 150 KVA 2771180 SIASIM 51,061.11 51.741 N S1,fb:A11 64,&764 61,114.18 SJ.221.4 5117 4. 4 3PH UG 311 KVA 371110 SSA"m 31,84.4 !3,4!.88 $SJUA 54.19&11 SI.919.4 W63.00 54,706.4' & 1 31H UG 108 KVA 17118 51012M.4 51111".4 51030.11 fH, "Al Sl.3" _.518,717.8 510114 611.938.4 r .,5 e'1~~i3TSY`}'•. • - r • Apenda No. Agenda Item 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 recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 3. 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 2082 1 FRED OBERLENDER AND ASSOCIATES, INC. S 8,910.00 2082 2 GENLY?E $10,125.00 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 thrs 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. i 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, quantties and • • specified sums contained in the Bid Proposal and related documents herein approved and accepted. 1 r. r SECnQMLV. That by the acceptance end approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount ad in accordance with the approved bids or pwsuant to a written contract made pursuant tbereto ru authorized herein SECTION V. That this ordinance shell become effective immediately upon its pasaage and approval. j PASSED AND APPROVED this day of 1497. JACK MILLER, MAYOR t ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: f APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: - - SUPPMORD • r a , • • 0 j'. fi • 2 MAO ! ^+r 1y ' .!.',,'N ~ f.r ,~1~{1 rR 1 ~-t•'Z ~ r 4t f~t `r • ._.-_.RF • - .,.,.ti.,~e;:ra'r. •::-.:e.v sit..a,..i._.:..._~...~_~...--..~........,_..._._.,..._.._,_.~_.r.+~:...._..,~.....__:.. 1 t DATE: SEPTEMBER 2, 1997 i I ` CITY-COLINCIL-REPORT ` TO: Mayor and Members of the City Council FROM: Kathy DuBose, Assistant City Manager of Finance SUBJECT: BID N 2082 STREETLIGHT POLLS AND FIXTURES RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder for each item: MW Qiy D~9CR1P71C>i~ yEMppll d PER 7YjTAL vY 1. 27 OrnarnenW Lamp Poles Fred Oberlenderand AssocWei. loc. WO-00 $8.910.00 2. 27 Decorative S"dight tsenlyte $375.00 St0,125.00 Fixtures Total bid award $19,035.00. SUMMARY: This bid is for the purchase of concrete poles and high pressure sodium fixtures for installation as security lighting at the Waterford Apartment Complex. The apartment owners will reimburse the City of Denton ugh participation in our existing security light rate program. PROGRAMS,DEPART?dE1M_ORGROUTS AFFECTED: City of Denton Utili'y Security Lighting Program and Electric Distribution Division. E h t,. FISCAL IMPACT; These lid and poles will be purchased from 1995-97 budget furls. Account #610- l 103-1031.3640-92tg-CO2S30TA, I {4 Attachments: Tabulation Sheet J Respectfully submitted: e- se • Assistant City Manager of Finance .r oved: Name: om lT$ wart-,- • Title: Purchasing Agent r 911.AGMA F 3 y ' ..r Y•.tit a;r t v1,-... `-ire:-•"~: Ley faaww.~w • z _..w...~/ A•..ear.f.KyXVrfe.an'r:~S:~r.a.~a+....~:..'a ...~~.....-~a.~~.__.. _ ~a..:~~_~:~.~..~.._.,.. t BID M 2002 BID NAME STREETLIGHT POLES AND FRED GENLYT£ FIXTURES IOBERLENDER A ASSOC. OPEN DATE AUGUST 12, 1997 DESCRIPTION VENDOR VENDOR 1. 27 EA ORNAMENTAL LAMP POLES _ S330.00 NO BID - LONE STAR MANUFACTURER PRESTRESS 2. 27 £A DECORATIVE STREETLIGHT FIXTURES I S/M.00 SM00 MANUFACTURER HOLOPHAME HADCO _ NO BID RtSPONSES TEMPLE WESCO PREFERRED SALES s, , t ' 1 C I { r • . r. .y . _ r~~~h[ ~ lei. I}~~~yjfn 'mss` to FA,~,f Ft~iS~titirr~f~a $~xCJY~ ISE • • Agenda No. / I ~39 Agenda Item ORDINANCE NO. Date AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Mang- •t a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION]. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 2072 GEA THERMAL-DYNAMICS TOWERS, INC. 5149,442.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. • SECTION W. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the corutruction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms conditions. plans and specifications, standards, quantities and specified sums contained therein. j I ~ 1 S h E I SEcMNlY. That upon acceptance and approval of the above competitive bids and the i " execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SEC TONY. That this ordinance shall become effective immediately upon its Passage and approval. PASSED AND APPROVED this the day of 1997. E JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: lr HERBERT L. PROUTY, CITY ATTORNEY BY- 0 . t • l 2 i, s i' f.. WW ¢lti Y w_`', H/- i • j_.. DATE: SEPTEMBER 2,1997 CITY COUNCIL REPORT i TO: Mayor and Members of the City Council F' FROM: Kathy DuBose, Assistant City Manager of Finance SUBJECT: BID N 2072 - DFNfON MUNICIPAL GENERATION STATION UNIT 03 COOLING TOWER REPAIR lowest responsible bidder, REC .,MMENDATION: We recommend this bid be awarded to the GEA Tbermal-Dynamics Towers, Inc., in the amount of S 132,942.00 as bid plus S 16,500.00 for unknown contingencies for a total award of $149,442.00. SUMMARY, Unit #3 Cooling Tower has been in service for 35 years with no significant i structural repair or renovation. The tower is constructed of wood products which experience } deterioration due to chemical, biological and physical conditions imposed by normal operation. Wooden cooling towers have an anticipated life expectancy of 20-25 years. The Unit #3 Cooling Tower continues to provide acceptable service but is in need of repairs to the mist eliminator and but water basins. Further deterioration will effect draft performance, fan damage and cause accelerated performance reduction We are recommending this phase epproach to repairs similar to Unit #4 and Unit #5. This allows for improved performance and extension of life expectancy. The scope of work provides for hot water basin renovation, installation of new mist eliminators, and installation of a hot water basin hood system. The $16,500.00 for contingencies is to allow for !mknown repair requirements detectable only after the tower use is discontinued. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Production Division FISCAL IMPACT. Funds for these repairs will be taken from 1996-97 budget funds for maintenance of generating equipment. Account #610-101-1011-9339. Attachment: Tabulation Sheet M • Respectfully submitted: i. Kath Assistant City Manager of Finance • Approved: • Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 917. AGDMA _ ~S • ~ z. _ ~ ~ J_ -~r~ _-L_l.i ii~R i--~~t 1i.1 i ~ ♦ ' i ^ i 1 • RID J SeT7 i CD NAME DENTON MUN"AL CLNER n4G x"Com JODWM MAMON GLA IRYg5AOmtrw, CVSTODII - 1 STATTON L74TT THREE 000L1NG TLCIFOCAL i TOWERS co" TILAMAL ~ n TTLJ0 LCOMNIE TDWEARLrM& &U,LS INC DY%Lkmx i INC ' OPEN DATE JLT-V 1!, 1777 INC I Tvwtm - 1NC _-Y QTl_'A DLRdtR~7TON I ywDdt W1DOR VIADM VL?mOR 1 YL7m0! 1 VflAOll I. 1 Mff EUMINATDA SYSTEM PER OJ.A.L SK0R0 s4lonMf16,1M.MOL74",M _ UsilaM W.7M_M 7 JIOT WATtR BASIN PER I1LAf _ M70M ftl,MSO ilS"m $0./310 SN.g1M !7{,11LM •TMLR-MO IAA J, 1 FlLLLNG PEA IILA.1. fJIMEM SKIKA S10.5440 Lalm0 52107M _07.1110 1 1 MOT WATER BASIN COVERS PEAuLA.I SMMSM __m mw _527,X7.0 5MM.M S17A7f,M S 1 MISCLLLANEOUREPAIRS EI,>e1.0 fl.lOlM ILlMO fLU7,0 {7.!110_ 370.0 NO RID RLSEOMILS 510,70,0 `pIT10N 1 COMMETE 000UNG TOWERS INC 526.EIS.01 onion s REDWOOD 5219110 I l • , Y'_s ..,'.N - r-`,t 77 i ;t'~`r~j ``"',ilk. 4 y~ tY~ F~''S!'/. ~v Qy- ~ ! 'kUL •1r:~ ~~I RS' I l•G f ~M1' 1, li 1 (J ,t • Agenda Item ORD1NANCENO. Date- AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recotnrnended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, I HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", 'Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOM 2075 FLOYD SMITH CONCRETE, INC. EXHIBIT A SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein acccpted and approved, until such person shall comply with i i 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 award of the bid. • SECTION W. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the consmKdon of the public works or improvements in accordance r with the bids accepted and approved herein, provided that such contracts are made in accordance ' % irh the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified stuns contained therein. 1 , v - r " SECUON1Y. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION-Y. That this ordinance shall becorne effective immediately upon its passage and approval. PASSED AND APPROVED this the day of __,1997, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i., BY: APPROVED AS TO LEGAL FORM: ; HERBERT L. PROIITY, CITY ATTORNEY BY: - r l • •a~Ja v:a- t.lY. yw"~~ri1'~'N. T.v♦ BID K 2015 BID NAME CONTRACT CONCRETE WORK FLOYD SMITH CONCRETE , OPEN DATE JULY 197 INC PAGEIOF3 I QTY DESCMPTION VENDOR L LA RING AND COVER(DASTS) S20Omi M[BTaEx •A• L $Y REMOVE CONCRETE PAVEMENT Sid," 3 LS REMOVE CONCRETE Ctru A Gl1TE1l S[oo' S1' REMOVE CONCRETE DRIVEWAY R SIDEWALK f13,70 S. C1' IINCIAS.SIITED EXCAVATION 37.00 3. 0' COMPACTED FlL[RADANqMEM nt" 7. SY SOD fTAO L Sy 3"ASPMALT PAVEMENT(TITE D PATCH MAT) _ f7SD0 rCONcam 3TATWORK (COLOR" t TOM A. SY O TO IN SQL YDS moo I4 ' LSY_ UI SQ. YDO TO LT SSL00 Il S"CONCRETE MYEMENitRADILi,[fq A. SY 0TO So Sl7. Yin f37.lS L ri' 51 TO INn YDS 537,33 C. Si 101 TO 500 SQ. YDS S7LN It. 0' CONCRETE PAYEM ENT (RADIL-JTC•WTT9 7IIE= A. SY 0TOMS06 YDS }IO.IS t S1' At TO IN SQ, VDS 33U5 c SY UI To 30054 VW SZL" IL r CONCRETE PAVEMENT (RADiL'S, ETQ A. SY 0 TO N SQ. YDS (37,73 6 SS' Sl TO IN SQ. YDS SU73 c SY 101 TO 5NW YDS SUMS U. r CO.NCRETL ►AVEMT.NT(RADI'M ETGWTTH FILERS) , A St' 0 TO M SQ. VW lSI~S 1 S1' Sl TO IN 54 VDS 53405 lot TO Soso. vvs S3105 It CY ONE SACK CONCRETE LACKY" &".N • „ _ I& [A _ A[YLST MANHOLE AND DYL[T7 _ SSSO.N _ • W EA C WMA.NHOLE(0'{' Dunn !1201" 1Y EXTRA DEPTH S100.N 17. _ EA_ ry. JLNCTION LOX(7'TO 6.mr M) 113NAll 1T LRTRA DEPTM 81N.60 IS - [A _ - Y LYLET WTO O' DEPTH) 3139La LXTRA DEPTH „_lIN.00 3 L... • a . • • BID 0 207 FLOYD smrm BID NAME CONTRACT CONCRETE WORK CONCRETE INC OPEN DATE AILY2l, IM PAGL 2 OF 3 M ; QTY DESCREMON VENDOR lf. EA r VO T IV TO r DIZM SI391.00 VF EXTRA DEM i SSIISO EIBST ■A" ' it. LA r INLET (r To r D[STRI S I itOM' ' ST [CTRA DEPTH _ slse.a j 31. VF EXTRA DIM ' SMOG f ri REBUILT WEFT (RL40YIt ♦ RVIACE TOP) A. LA V NEXT L EA r Darr ' stsa.ll c EA r INLET ' sr" ) 0. EA lr Uf= t SR" u REBU LT EXISTM 94M(SPECUL) A. EA P DAFT SLa00.00 s. EA V Dn AT S1A01A0 c EA r Dn3FT $13" 11 is BARRICADES. WARNWO MGM A DETOURS i Sl" r Ls. LF DOW[ L4N VaIGRAL CURB ula ' 26. LF DOWE400 VGGRALCVRB(WrT% FISLRS) u.M 1 27. CONCRMCVRS A GMIR 1 A- LF r TO 2!r s7.7s R LF ur To 1.01r s7.7S c LF LAH' • UP I S7,0 ll CONCRM CMIA & GVTTLDjW RE FIMM _ LF _ rTO I* IS." L _ LF 181' To Low U" C. LF LM'- UP Vm - EA 0S'tALAVMILLEDCURBrT0LT SLM 30. Sl' _ OVER3AY MILLED cA" r TO LTlFIBERS - fl.M -31. LF W SLMM0(MTABLE CURB 51130 L • n LF 7r SMADO MTABLE CUCB I RKAS S I LA • • p. i' CONCRETE DRIVpFAI' A. sY S TO s1 sQ, YD6 MIS L _ $Y - $t TO IN 14 IV$ s".13 1►1 To SM sQ YDB saw K. • t • • BID « 2D7S FLOYD SMITH BID NAME' CONTRACT CONCRETE WORK CONCRETE. INC OPEN DATE JULY 29, ~ PAGE 3OF3 I « QTY DESCRIPTION VENDOR ~ 31. i' CONCSIM DRIVVWAY/n9M A. SY 6TOSoSQ.YDS I SA.IS[SHIBIi •A• r I S. ri' n To IM n YDS s>t.lS C. SY IN TO sM so YDS US.M - 39. 4"CO0ICAETC SIDEWALX A. 51' O TO M SQ. YDS S21AP L $Y 31 TO 1M 54 YDS U70 C. 51 ' UI TO IMO SQ YDa Salo 3f. <'CONCRLTE SIDEWALK/FIXERS A. _ SY O TO 96 jqQ VI)s S27." L SIT, Il TO IM n YDS S27.SO G sY f O l TO SM SQ YD3 SSS.EO 37. sY CONCRIM MEMANS fi`30 ' 3s. 3Y CONCRETE RIP RAP i DRANAGL FUMES S3l.Ss 3t. LF SAW CVFIEXMTLW ASPHALT) size N. LF SAW CVT(UtStNGCONMUf SIM 41. CY STitLCnrRALCONCRIM(CLASS A) UN." 4L CY CONC FOR LIGHT STANDARD BASES 5223.OO N. EA Cow FOR TRAFFIC CONTROL PULL BOX U" sV CONCRETE PADS FOR SPAN SHELTM& 53115 . . 4L EA WATER SERVICEAJ>,R,STMENTS Sl" K. 1.5 MISC SMO MER SYSTEM ADJLWWVM UNA4 STEPS M) 3930 i 5 J Y I l; 1. • DATE: SEPTEMBER 2, 1997 CITY-COUNCIL REPORT TO: Mayor and Memoers of the City Council FROM: Kathy DuBose, Assistant City Manager of Finance SUBJECT: BID 112075 - CONTRACT CONCRETE WORK RECOMMENDATION: We recommend this annual contract be awarded to the single bidder, Floyd Smith Concrete, Inc„ with option to renew. The estimated expenditures are approximately $300,000.00 per year. SUMMARY: This contract is for the performance of various concrete related construction and maintenance projects which are w,rally S 1,000.00 to $5,000.00 per project. Included are street cut repairs, curb and gutter installation and repair, handicap access ramps, driveway replacement, drainage improvements, sidewalks and other miscellaneous projects (see tabulation sheet). The Departments which use this contract daily are Electric Distribcuon end Water do Sewer Field Services. Other departments such as Traffic, Facilities Management and Parks use this contract for special projects. The City reserves the right to bid projects that are estimated at 515,000.00 or more. Floyd Smith Concrete, inc. was the only respondent for this bid. Twenty one notices were sent to prospective bidders. Floyd Smith Concrete has performed this service for a number of years and continue to offer very competitive prices. , PROGRAMS._DEPARTMENH OR GROUPS -AFFECTED: Utility Divisions, Street Department, Drainage Division, Parks Department and Engineering Department are the primary users of this contract. FISCAL IMPACT: Funds for each project will come from approved budget fiords, the appropriate bond or other special appropriations. Attachment: Tabulation Sheet Respectfully submitted: I • r i Kath 96se Assistant City Manager of Finance bem: t k • • Name: Tom D. Shaw, C.P.M. • Title: Purchasing Agent 916.1AGENMA 6 1:- 7 j i • r BID 0 1075 _ i BIDNAME CONTRACTCONCRFTEWORK ;FLOYDSMITH CONCRETE OPEN DATE JULYS(, IM INC PAGEIOFJ k QTY DESCRIMON -CVENDOR ~ i -1. LA RING AND COVER (ViLM nm" i _ L_ SY REMOVE COYCRM PAVEMENT 53" 4 LF REMOVE CONCRM CURB • GLM" SEW _C SY RE MOVE CON,ItETE DRMWA Y• SIDEWALK SIL" -S -CY UNClAi7137ED ]EXCAVATION _ 55.00 L CY CO,WACTED FnAAMBANKMENT SS0.00 I 7. SY SOD S7." S SY I'ASPIIALT PAVYMENiUM D PATCH MAT) 375" f. CCON O7RM FIATWORK (COLORED A TX)M A. sY STO IN 54 YDS SSIM R 51' 10ISQ.YNTOLT $54.00 Im f"COwCRM PAVtMXhT(RADFLUTC) A SY 0 TO 50 S4 YDS 5".3s R _ SY _ $1 TO IN sa YDB _ s".75 C. 5 Y I It TO s00 SQ. ITS suol I I. P CONCRETE PAVEMENT (RADIIIS,ETomm FIBERS) A sY 0TO 51 S4 YDB sxIs L SY 51 TO 10054 VDB 134.15 - C. SY l0t TO 50054 VMS (SRN I L M CONCRETE PAVEMENT (RADW& ETC) l SY_ _ I TO 50 SQ. YDO _sm.7S B. sY $I TO IwSq %w SU75 G sY 10l TO so so YDB 511.15 • I f7. I' CONCRETE PAVEMENT(RADIL+S. ETC-WITH ITTEIM A. SY 0 To so so VDB W LS 51 TO IN 54 114 uus G Sl'_ _ 101 TO SM So YDS__ - _-Sli►! i 11. CY ONE SACK CONCRETE ILACKnLL 550,00 • I1 EA _ AD7LST MANHOLE AND INLM 5550.08 • O -1c-- l EA CIDMAN80L&fr4,DEPTH) f1JM.M ' VIF EXTRA J - ` n DEPEH Sf.00 17. EA _ LA S!fS' lLVCTIOS ON DO%(lYTOf D[P[H) 5[3W00_00 yr tyrRA ours 5100.08 II EA PINLET (OTOf DEPTH) slisA00 LF EXTRA DEPTH SIN.00 I, 7 L J. <I • ` Lip + Pr P • • BID 0 2075 FLOYD SMTTH BID NAME CONTRACT CONCRETE WORK CONCRETE INC OPEN DATE JULY 29, IM FAGE20F3 M QTY~- DRSC72FTION V$NDOR ` I I it. LA P UgXT (M TO F DwM I I A" IT ' L1R1tA DCM flll.OS ri u jr mm Le To P DQIu ~ SI.1" vT LXTRA OEM j _ St" 3 L YF OcTRA Dtm 3111QM . - { I 21 REDULT MET GLUM & RLRACT TOP) - A. LA 0 04" Y911.10 L LA P U(LrT 4 31sLM c u ! cnn UK" 0. u IM UQXT 333x00 LL RLlMT I XMTLVG MXf (6MCTAL) A. LA I ! u42T I SLmlo a FA f on" I ZIA" C u vLUT SL11lM 06 KA w *am $L*" a- Ls LtmcADLJ. wAww4G SIGM & DL70URL smos li LJ DOWTL,OK MLGRAL MRS i t100 ' r X _ Ll I DOWLI.OII M(MAL CURS IWFTH F7I[>1S) I S&" 71. CO'9C'RL'F[ cum a GV!'T[R A. LF V To tw $7.15 f L LY 2w TO Low 31.1s c ti L111'. UP 3LM' i ~ III` u COMC1lM CVRB & GLTFLRtWTTR FLDLRS) A. Ur FT03W Sass L _ LIF 201'70 IAA !ab c LY IJq' • tlf 31.90 " • I i 27__- G OYU"Y M7LLLD CURB VM UP J - 31.M _M SY OSTRLA Y MI Luy CURB r TO VP1num X90 ' .-1L LI jr SURMOLMAK2 CURB $I&" - • - 'r • • 11 LF 31' SURAlOITRABLt CURB 1971[83 f11.40 11 C CONCIUM DOPYWAY A. _ SY 1 TO 6164 Ym SMU a SY 51 TO IM SQ. I= 3».23 8 If i I BID N Za1S FLOYD SMITH BID NAME " CON'T'RACT CONCRETE WORK i CONCRET& INC OPEN DATE JULY 20,1997 PAG130V3 M QTY DESCAWmK VENDOR ~i Sl P CONCRITE DVVEWAri TUAS A. SY • TO * K YDd f3S 1! f i 23F.I5I - - R SY SI TO IM 3Q. YDS G SY INTOSMSQYDS S25>•i A 4*CONCRETESMfWALY I I F , A. SY STO"SQ.YID6 - R SY 51-m 10 92. YIDS _ Sri$ C SS' N1 TO US1 SQ YDS _ 223l~' 2f. 1'CONCRFZE52DEWAL1LfliI1LS . A. SY f TO! SQ. YIDS 527.!5 R SY Sl TO 10 Sa YIDS s27." G Sl' 111 TO SM SQ VIN 37. SY I CONCRETE SIESIANS $27_45 ' I A SY CONCRETE RIP RA! R DRAINAGE FLUN1d f7f2S' M. LF SAW CUT(LUMI'IG ANIIALT) 51.15 M. LF SAW M(EXtlTP1G CONC7(rM S3J~' . I 41. CY STIRUCTUMLCONCRITE(CtASSA) S3li.N' 42. CY CONC FOR LIGICT STANDARD SAM 512S.M - - , U_. EA CONC FOR TVAFIX CONTUM FULL SOX 13M.M K. SY CONCRITEI'ADSFORSPAN SHELTW 515.73 _ 45. EA WATnS="CIADJLTMTXTS K. _SS Al15C Sl'LVq.ER SYSTEM AS,IUSTMf1YTS ~ 52lF.Mi STM (SF) 151 .'r k 9 • r i. 1 j' ..cam y _ y):. ) ~.Y~a~+:•-t1 p }'J 4} aF'a 1,~ ` ~s - • f AVM6a No. " OJ Agenda Ile Data D CITY OF DENTON, TEARS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817) 566-8307 orha of the city Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council PROMt Rick Svehla, Deputy City Manager DATE: September 2, 1997 SUBJECT: An Ordinance Authorizing the City Manager to Execute A Public Transportation Contract and Subsequent Amendments with the Texas Department of Transportation For Funding Public Transportation. RECOMMENDATION: Staff recommends the adoption of this ordinance. BACKGROUND: Approval of this ordinance would authorize the City Manager to execute a contract with the Texas Department of Transportation (TXDOT) to fund public tra::,;portation in Denton during FY 98. The funding secured from this grant will be used to supplement fixed route and demand response transportation services and meet Denton's public transportation needs from September 1, 1997 through August 31, 1998. The total amount of TxDOT public transportation funds to be ) received under this contract is $310,085 for transportation operations, planning and capital purchases. These funds, along ♦ with the proposed general fund contribution of $129,125, will be used as the local matching share for the Federal Transit i Administration grant of $369,456. Further operating assistance (recovery of operating costs) is received from farebox revenues and agency contributions. Staff in-kind services are also used to recover costs associated with the administration of the transportation grants. For the last 2 - 3 years staff has worked continuously to secure J necessary federal and state funding to meet the demands of our rapidly maturing public transportation system. Despite those efforts federal operating assistance allocations have not If Drdicare3 to Quality Strdu' 1 I A~• S 'vim • September 2, 1997 Page 2 increased. During FY 97 additional TxDOT funds were made available to provide some assistance with the operations shortfalls. ' Approximately forty percent of the TxDOT funds authorized under this contract will be used for operating assistance. The remaining sixty percent will be used for capital purchases such as additional bus benches and shelters, fixed route vehicle3, maintenance tools and equipment, and a maintenance facility. Staff believes these purchases will provide the ridership greater comfort, more reliable service and will serve to reduce long term operations costs. The attached ordinance includes a standard contract from TXDOT, Public Transportation Division, which is used for all systems receiving public transportation funds from the state. The City Attorney advises that your attention be called particularly to Article 33 "Indemnification' subsection C. Because the City has limited ability to indemnify any other organization under the law the City Attorney advises that the phrase in subsection C which f requires the City to indemnify the State against it's own negligent , acts be eliminated. Staff has made TXDOT aware of this concern and asked that the phrase be omitted. However, the Director of Public ! Transportation advises that the contract must stand as is. Because TXDOT has no operational responsibility for our system and simply allocates these funds to the City, the City Manager believes there is very ii:.*_le risk of liability from accepting the contract as is. Therefore, staff recommends approval of the ordinance as submitted. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton who use public transportation. I ' FISCAL IMPACT: In the FY 98 proposed budget, staff has requested a general fund contribution of $129,125. These funds, along with the TxDOT contribution of $310,085, will be used to meet th,! Federal Transit • Administration match requirements associated with public transportation in Denton. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: Rick Sv hla Deputy City Manager I i yy . lgk" r 1 • 1 September 2, 1997 Page 3 Prepared By: Veronica S. Rolen Administrative Assistant II Attachments: 1. Public Transportation Fund Contract 2. Ordinance , ~ ^tf ;fit. I i r; ti ~ dt r 41 i 11 l Y I • n I All ~Y { ~f ' \ tri fir ' S ~ ,tj. • rflT y y } • `IJ; t' jA / 1"~ f N'M 4 'y R.sl ~10 il- t ' r} ~ y ClYri t,~ v. y} r ,i--: ~ t j "r.4 ~~F S i • ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC I TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPOR- TATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the State of Texas is authorized under TEX. TRANS. CODE ch. 455, to assist the City in procuring federal aid for the purpose of establishing and mairtahng public and mass transportation projects; and WHEREAS, the City of Denton desires to obtain public tnvtsportation funds from the State for the purpose of establishing and maintaining public and mass transportation systems; NO , THEREFORE, 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Thu the City Manager is authorized to execute a Public Transportation Contract, substantially in the form of the attached agreement which is made a part of this ordinance for all purposes, and subsequent amendments, on behalf of the City of Denton, Texas, with the Texas Department of Transportation to aid in the financing of public transportation, and to execute any other certifications or documents necessary to implement the Contract. SECTION 11, That the City Manager is hereby authorized to make expenditures as may be required for the local share of any public transpotaton costs which may be required under the Contract. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. • PASSED AND APPROVED this the _ day of 1997. JACK MILLER, MAYOR ATTEST: • JENNIFER WALTERS, CITY SECRETARY B Y: r • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: / ti Page 2 jtl`[[{+ 1 4 .r..,t:~_ r~~: ,'`a;.; ` ~ sla, •}Sj ~r s • RECIPIENT The CityO(D"Aon PL'BUCTRANSPORTATION (SECTION3307) CRANTAGREF-ME.NT GRANT AGREEMENT NO. 51818F 1009 STATEPROJECT NO. URB-M108)l STATE URBAN PUBLIC TRANSPORTATION GRANT AGREEMENT E` THE STATE OF TEXAS # THE COUNTY OF TRAVIS I THIS GRANT AGREEMENT Is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "Stale," and The City Of Denton, hereinafter called the "RECIPIENT." WITNESSETH WHEREAS, the Govcmor of the Slate of Te xas has designated the Texas Department of Transportation (State) to administer a statewide Public Transportation Grant Program, and to provide state funds to match federal funds; and, WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Recipient in procuring aid for the purpose of.stablishing and maintaining public and mass transportation projects, and to administer funds appropriated for public transportation under Transportation Code, Chapter 456; and, WHEREAS, the Recipient has submitted an application for financial assistance for a urban public transportation project generally including training, technical assistance, research, or support services related to public transportation in urbanized areas, and the State approved the application, and, i NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Recipient hereto agree as follows. AGREEMENT 1 ARTICLE 1. GRANT PERIOD This Grant Agreement becomes effective on September 1, 1997 or when executed by the State's District Engineer, whichever is later, and shall terminate on August 31, 1998 unless terminated or otherwise modified as hereinafter provided. ! ARTICLE 2. PROJECT DESCRIPTION The Recipient shall commence, carry out and complete a public transportation project described in Attachment A, Project Description, w:t;r all practicable dispatch, in a sound, econonycal and i • ARTICLE 2. PROJECT DESCRIPTION (cont.) efficient manner in accordance with the provisions of Attachment A, Project Description, this f Grant Agreement, federal and state law, and federal and state regulation as hereinafter referenced. ARTICLE 3. COMPENSATION A. The maximum amount payable under this Grant Agreement without modification is $310,085.00 provided that expenditures are made in accordance with the amounts and for the purposes authorized in Attachment B, Estimated Project Budget. B. The State's reimbursement to the Recipient is contingent upon the availability of appropriated funds. The State shall have no liability for any claim submitted by the Recipient or its subcontractors, vendors, manufacturers or suppliers if sufficient state or federal funds are not available to pay the Recipient's claims. C. To be eligible for reimbursement unI this Grant Agreement, a cost must be incurred within the Grant Agreement period specified in Article 1, Grant Period, and be authorized in Attachment B, Estimated Project Budget, D. Reimbursement of costs incumd under this Grant Agreement is further governed by cost principles outlined in applicaak Federal Office of Management and Budget (OMB) publications as follows: OMB Circular A-21, Cost Principles for Educational Institutions OMB Circular A-87, Cost Principles for State and Local Govemments OMB Circular A-122, Cost Pincipks for Nonprofit Organizations E. Costs claimed by the Recipient shall be actual net costs, that is, the price paid minus any refunds, rebates or other items of value received by the Recipient that have the effect of reducing the cost actually incurred. F. The Recipient may submit requests for reimbursement to the State no more frequently than monthly using invoice statements acceptable to the State. Requests for reimbursement must be furnished to the State within forty-five (45) days of the end of the month during which the costs were incurred. Additional documentation to support any cost incurred oaring the billing period i ` may be required at the discretion of the State. At a minimum, each billing must be accompanied i by a summary by budget line item which indicates the total amount authorized for each line item. E previous expenditures, current period expenditures and the balance remaining in the lire item. G. The original and one copy of the invoice are to be submitted to the following address: Jay R Nelson, P.E. J District Engineer Texas Department of Transportation P.O. Boa 3067 Dallas, Texas 73221.3067 i • • H. The State will make payment within thirty (30) days of the receipt of properly prepared J requests for reimbursement. 2 • • • I ' I . ARTICLE 3 COMPENSATION (cont.) 1. The Recipient will submit a final billing within forty-five (45) days of the completion or termination of the Grant Agreement in accordance with Article 1, Grant Period. J. The Recipient shall make payments promptly to all subcontractors and suppliers. Failure to do so will be grounds for termination of this Grant Agreement by the State. The State shall not be responsible for the debts of the Recipient. ARTICLE 4. AMENDMENTS Except as noted below, changes in the scope, objectives, cost or duration of the project authorized herein shall be enacted by written amendment approved by the parties hereto before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the grant period specified in Article 1, Grant Period. The Recipient is authorized to re-budget without a formal amendment when the proposed revision involves an increase in one category and a corresponding decrease in another, provided however, that any such revision meets all of the following criteria: I. Does not result in the need for additional funds; and, 2. Does not exceed un percent of the current total approved budget and the state funding exceeds S 100,000; and, 3. Does not involve a transfer of funds from an authorized capital equipment purchase to another category; and 4. Does not involve a transfer of funds from training to another expense category; and 5. Does not involve a transfer of funds from construction to a non-construction category; 6. Does not involve a transfer of funds from a direct to indirect cost category. If a proposed revision meets all of the criteria listed above, the Recipient must notify the State in writing before the revision is made, describing the revision, explaining the need, and certifying that it complies with the above criteria. ARTICLE S. SUBCONTRACTS The Recipient shall not enter into any subcontract with ;ndividuals or organizations to provide professional services without prior authorization and consent to the subcontract by the State. Subcontracts in excess of $25,000 shall contain all required provisions of this Grant Agreement. • No subcontract will relieve the Recipient of its responsibility under this Grant Agreement. The Recipient shall not enter into any agreement for the purchase of equipment without prior authorization and consent to the purchase agreement by the State. ARTICLE 6. RETENTION OF RECORDS A. The Recipient agrees to maintain all documents, reports, papers, accounting records, and • other evidence pertaining to costs incurred under this agreement (the Recofds) at its office during • • the grant period and for four years from the date of final payment under the grant. Such records shall be made available during the specified period for inspection by the State, the U.S. Department of Transportation, the Office of the Inspector General, and any of their 3 p 0 1 • i ARTICLE 6. RETENTION OF RECORDS (cont.) authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. Records for nonexpendable property acquired with Federal or State funds shall be retained for four years after final disposition of the property, B. If any litigation, claim or audit is started before the expiration of the four year retention period, the Records shall be retained until all litigation, claim or audit finding involving the Records have been resoled. C. When records are transferred to or maintained by the federal or state sponsoring agency, the four year retention requirement is not applicable to the Recipient. D. The Recipient further agrees to include these provisions in each subcontract. ARTICLE 7. SINGLE AUDIT REQUIREMENTS Recipient audit procedures shall meet or exceed the single audit requirements outlined in Office of Management and Budget (OMB) publications as follows: Audits of State and Local Government OMB Circular A-128 Audits of Institutions of Higher Education and other Nonprofit Institutions OMB Circular A-133 ARTICLE 8, FINANCIAL MANAGEMENT SYSTEM The Recipient's financial management system shall meet or exceed the requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18:20). Those requirements include, but are not limited to: A. Accurate, current and complete disclosure of the financial results of each grant program in accordance with State and Federal reporting requirements. B. Records which adequately identify the source and application of funds for grant-supported activities. These records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays and income. C. Effective control over and accountability for all funds, property and other assets. The Recipient shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes. • D. Comparison of actual with budgeted amounts for each Grant Agreement, and relation of j financial information to performance or productivity data, including the production of unit cost 1 information, whenever appropriate and required by the State. E. Procedures for determining the eligibility for reimbursement and proper allocation of costs. t F. Accounting records which are supported by source documentation. J G. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. 4 4 r, c:~ 4 • c ' ARTICLE 9. PROCUREMENT STANDARDS Recipient procurement standards shall meet or exceed the requirements of the "Unifor.n Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 19.36), including standards for competitive procurements; methods of procurement; contracting with small and minority firms, women's business enterprise and labor surplus area firms; contract cost and price; awarding agency review; insurance and bonding. The Recipient's procurement system must include but not be limited to the following procurement standards. A. Procurement procedures which reflect applicable state and local laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in this section. B. A contract administration system which ensures that subcontractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. C. A written code of standards of conduct governing the performance of ef.iployees engaged in the award and administration of contracts. No employee, officer, or agenc/ of the Recipient shall participate in selection or in the award or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent, would be involved. D. A process for review of proposed procurements to avoid purchase of unnecessary of duplicative items. E. Use of state and local intergovernmental agreements for procurement or use of common goods and services to foster greater economy and efficiency. F. Use of value engineering clauses in contracts for construction projects. G. Awards made only to responsihle contractors possessing the ability to perform successfully under the terns and conditions of a proposed procurement, giving consideration to such matters E as Recipient integrity, compliance with public policy, record of past performance, and financial and technical resources. H. Records sufficient to detail the significant history of a procurement, including rationale for the method of procurement. selection of contract type, Recipient selection or rejection, and the basis for the contract price. 1. Limited use of time-and-materi als contracts. J. Use of good administrative practice and sound business judgment to settle contractual and administrative issues arising o..t of procurements. K. Protest procedures to handle and resolve disputes relating to procurements and prompt disclosure to the State of information regarding the protest. ♦ • L. Procurement transactions conducted in a manner that provides full and open competition. 3 10 r, i NOW - ':u,: `:.r1"::~i'S4'~1"rii'i+wzcsr]r.\rabs+v«+.syta.r.~.~sa+~.rr~..r r' ----•-~~•~w~+~iw.ww..~ ARTICLE 10. REAL PROPERTY MANAGEMENT nie Recipient will comply with management standards set forth in the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR r ~V fr , 6 ff i. f --i iS}~.1 Y•~ 'S • • _ i ARTICLE 10. REAL PROPERTY MANAGEMENT (conL) Part 18.31) in the acquisition, use, and disposition of real property acquired under the grant. The State must concur in the award of all purchase orders for nonexpendable personal property as defined in 49 CFR Part 18.31. ARTICLE 11. EQUIPMENT MANAGEMENT A. The Recipient will comply with State management s6 , -ds and with management standards specified in the "Uniform Administrative Requirements tar Grants and Cooperative Agreements to State and Local Governments" (49 CFR ?art 18.32) in the control, use, and disposition of equipment acquired under this grant. Management standards include: 1. Maintain equipment records that include a description of the equipment; a serial number or other identification number; the source of equipment; who holds title; the acquisition date and cost of the equipment; percentage of federal and state participation in the cost of the equipment; the location, use and condition of the equipment, maintenance history for each vehicle; and ultimate disposition data including the date of disposal and We price. 2. Conduct a physical inventory of the equipment at least once every two years and reconcile the inventory with equipment records described in the p,,eceding paragraph. 3. Develop a control system to ensure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft shall be investigated. 4. Develop and follow procedures to keep the equipment maintained and in good condition. At a minimum, the Recipient shall follow the vehicle maintenance schedule recommended by the manufacturer, showing the date the maintenance was performed. Maintenance records shall be provided to the State upon request. 5. Request disposition instructions from the State, and if authorized to sell the equipment, use proper sales procedures to insure the highest possible return. B, The Recipient will comply with Title 43, Texas Administrative Cede, §31.53, to protect the public investment in real property and equipment purchased in whole of in part with state of federal funds. C. In the event that project equipment is not used in the proper manner or is withdrawn from public transportation services, the Recipient shall immediately notify the State. The State reserves the right to direct the sale or transfer of property acquired under this Grant Agreement upon determination by the State that said property has not been fully or properly used. D. When original or replacement equipment acquired under a grant is no longer needed for the original project or program or for other activities currently or previously supported by a federal of ff r state agency, the Recipient shall contact the State to request authority to dispose of the I equipment, and the State shall issue disposition instructions in accordance with 49 CFR 1832. • F. All vehicles purchased under this Grant Agreement shall comply with the Motor Vehicle • • Safety Standards established by the U.S. Department of Transportation. F. All vehicles purchased under this Grant Agreement shall comply with all federal motor vehicle anti-pollution requirements. 7 i . ARTICLE 11. EQUIPMENT MANAGEMENT (conL) G. All vehicles purchased under this Grant Agreement shall comply with the bus testing requirements set forth at 49 USC 5323(c) and 49 CFR 665. H. The Recipient shall not execute any lease, pledge, mortgage, lien or other contract touching or affecting the Federal or State interest in any project facility or equipment; nor shall the Recipient by any act or omission of any kind adversely affect the Federal or State interest or impair its continuing control over the use of project facilities or equipment. L The Recipient shall comply with requirements set forth at 49 USC 5323(1) and 49 CFR 663 regarding pre-award and post-delivery audit requirements. ARTICLE 12. VEHICLE INSURANCE REQUIREMENTS (Revised) A. The Subrecipient shall maintain the insurance coverage specified below during the entire life of the vehicle and shall furnish proof of insurance to the State using a certificate of insurance acceptable to the State. B. The Subrecipient shall furnish comprehensive insurance coverage in an amount equal to the replacement cost of the vehicle. C. Buses designed to transport more than 15 passengers (including the driver), but less than 26 passengers (not including the driver) shall maintain the following minimum liability insurance coverage: Minimum coverage: Bodily Injury - $1,000,000 each personteach occurrence Property Damage - $1,000,000 each occurrence D. Buses designed to transport 26 passengers or more (not including the driver) shall maintain the following minimum liability insurance coverage: Minimum coverage: Bodily Injury - $5,000,000 per person/each occurrence Property Damage - $5,000,000 each occurrence Texas Business Automobile Policy - Basic automobile liability is not an acceptable substitute for a Texas Business Automobile Policy or Comprehensive Automobile Liability insurance. This insurance is to be endorsed with the State as an Additional Insured and endorsed with a Waiver of Subrogation in favor of the State. E. Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the event of loss or damage to project property, whether by casualty or fire, the fair market value will be the value of the property immediately before the casualty or fire. F. In the event of loss due to casualty or fire, straight line depreciation of the asset, based on the industry standard for a useful life, shall be considered fair market value unless otherwise approved by the State. G. The Subrecipient shall notify the State immediately of theft, wreck, vandalism or other destruction of project-related facilities or equipment. 8 • ARTICLE 13. BUY AMERICA The Recipient agrees to comply with applicable Buy America requirements set forth in 49 U.S.C. 53236) and 49 CFR Part 661. ARTICLE 14. CARGO PREFERENCE The Recipient will comply with the cargo preference requirements set forth in 46 U.S.C. 1241 and Maritime Administration regulations set forth in 46 CFR Part 381. ARTICLE la. COORDINATION The Recipient will .t all times coordinate the provision of public transportation services with other transportation operators, both public and private, in the area. The Recipient will furnish the State copies of any agreement resulting from such coordination. Agreements which authorize the payment of project funds to another entity are subject to the approval requirements described in Article 5, Subcontracts. ARTICLE 16. LABOR PROTECTION PROVISIONS A. The Recipient agrees to undertake, carry out and complete the project under the terms and conditions determined by the Secretary of the United States Department of Labor to be fair and equitable to protect the interests of employees affected by the project and meeting the requirements of 49 U.S.C. 5333(b). The Recipient shall maintain documentation of compliance efforts in accordance with retention and accessibility requirements set forth in Article 6, Retention of Records. B. The Recipient agrees to the comply with applicable transit employee protective requirements as required under the Transit Employee Protective Agreements as set forth under 49 U.S.C.§5310, §5311, and 15333 and 29 CFR Part 215. ARTICLE 17. CHARTER AND SCHOOL BUS OPERATIONS A. Neither the Recipient nor any subcontractor acting on its behalf shall engage in charter bus operations outside of the geographic area within which it provides regularly scheduled public transportation service, except as provided under 49 CFR Part 664.9, and regulations pertaining to r Charter Service Operations set forth at 49 U,S.C. 5323(d) and 49 CFR Part 604. The Recipient j shall furnish a copy of any agreement entered into under these regulations to the State no later than seven working days after the agreement is signed. • B. Neither the Recipient nor any subcontractor acting on its behalf shall engage in school bus operations exclusively for the transportation of students or school personnel in competition with private school bus operators, except as provided under 49 U.S.C. 5323(f) and 49 CFR Part 605. The Recipient shall furnish any agreement entered into under these regulations to the State no later than seven working days after the agreement is signed. ',ATICLE 18. MONITORING • A. The State will monitor the progress of the project authorized in this agreement using appropriate and necessary inspections, including but not limited to periodic reports, physical inspection of project facilities, telephone conversations, letters, and conferences. 9 1 • i I ARTICLE IR MONITORING (coat.) B. The State shall monitor and conduct fiscal and/or program audits of the Recipient and its contractors to verify the extent of services provided under the terms of the Grant Agreement. Representatives of the State or Federal government shall have access to project facilities and °-cords at all reasonable times. C. The State and the U.S. Department of Transportation, and any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the progress of the grant hereunder and the project p,-emises. D. If any inspection or evaluation is made on the premises of the Recipient or a subcontractor, the Recipient shall provide and require the subcontractor to provide ali reasonable facilities and assistance for the safety and convenience of the insrectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the project. ARTICLE 19. REPORTS A. The Recipient shall submit written or electronic reports at intervals and in a format prescribed by the State. 1. Quarterly Operating Report • No later than 15 working days after the end of the quarter for which the report is made, the Recipient shall submit an activity report to the State. At a minimum, the quarterly operating report will include the number of vehicles in operation; total one-way passenger trips; total miles traveled; total expenses including administrative and operating expenses; revenue, including fares and donsttons, operating cost per vehicle mile; operating cost per passenger trip; and number of passengers per mile traveled, The State may require more frequent operating reports fcr reasons of its own, of if the Recipient does not provide the reports in a timely rnanne, or if the reports indicate unfavorable trends. 2. Status of Procurements • If the grant includes the purchase of vehices or other capital equipment, the Recipient shall submit a quarterly report consisting of a brief narr ative including but not limited to procurement milestones, including date of purchase order, vendor name and location, and estimated delivery date. f 3. Status of Construction • If the grant includes construction, the Recipient shall submit • quarterly narrative reports which include but are not limited to the progress of construction. B. Regardless of the type of assistance included in the grant, the Recipient shall promptly advise the State in writing it at any time the progress of the project will be negatively or positively impacted, including: • C. Problems, delays or adverse conditions that will materially affect the Recipient's ability to • O attain program objectives, prevent the meeting of time schedules and goals, or preclude the I attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, of contemplated, by the Recipient and any State assistance needed to resolve the situation. to l f • • r ARTICLE 19. REPORTS(cont.) D. Favorable developments or events that will enable the Recipient to meet time schedules and goals sooner than anticipated or produce more work units than originally projected. E, Every two years, or more frequently when instructed by the State, the Recipient shall conduct a physical inventory of grant-supported property as set forth in Article 11, Equipment Management, and furnish the State a copy of the in+entory F. The Recipient shall develop performance goals and management objectives in accordance with Title 43, Texas Administrative Code, 131.36, G. The Recipient shall maintain written maintenance records for each grant-supported vehicle, and shall make such records available to dio State upon request. As a minimum, the Recipient shall comply with the manufacturer's recommended maintenance schedule. ARTICLE 20. DISPUTES AND REMEDIES A. The Recipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of the grant. B. Any dispute concerning the work hereunder, additional costs, or any other non-procurement issue shall be settled in accordance with Title 43, Texas Administrative Code, §9.2. C. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity maybe availed of by either party and shall be cumulative. ARTICLE 21. TERMINATION A. The State may terminate this Grant Agreement at any time before the date of completion whenever it is determined that the Recipient has failed to comply with the conditions of the Grant Agreement. The State shall give written notice to the Recipient at least thirty days prior to the effective date of termination and specify the effective date of termination, the reason for the termination, and other termination instructions. B. If both parties to this Grant Agreement agree that the continuation of the grant would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date. In the event that both parties agree that resumption of the grant is warranted, a new Grant Agreement must be developed and executed by both parties. C. Either the State or the Recipient may terminate this agreement by giving notice in writing one to the other for reasons of its own and not subject to the approval of the other party. In the event 1 of termination for convenience, neither the State nor the Recipient shall be subject to additional liability except as otherwise provided in this agreement. • D. Upon termination of this Grant Agreement, whether for cause or at the convenience of the E • • parties hereto, title to all property and equipment remains with the Recipient subject to the obligations and conditions set forth in this Grant Agreement and 49 CFR 18.31 and 19.32, unless the state or federal funding agency issue disposition instructions to the contrary. Il xr ,:~~.:7a.C.b':~.f'a~czrcx+r-kxs...ti.tt.s~ww•a.,.r~.r....~. r..~.-~-.. ARTICLE 21. TERMINATION (cont.) F. In the event of terminadon, the State may compensate the Recipient for those eligible expenses incurred during the grant period which are directly attributable to the completed portion i 12 l 11 rlp 71 1 • t:.f ~ ~j l:.S~ i'{~ . `rY ' ,ri ; 4 ~2 `k a" ` ,t0, • • ARTICLE 21. TERMINATION (conL) of the grant covered by this Grant Agreement, provided that the grant has been completed in accordance with the terms of the Grant Agreement. The Recipient shall not incur new obligations for the terminated portion after the effective date of termination. F. Except with respect to defaults of subcontractors, the Recipient shall not be in default by reason of any failure in performance of this Grant Agreement in accordance with its terms (including any failure by the Recipient to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Recipient. Such causes may include but are Lot limited to acts of God or of the public enemy, acts of the Government in either its sovereign x contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Recipient, ARTICLE 21 NONDISCRIMINATION ON THE BASIS OF DISABILITY The Recipient agrees that no otherwise qualified person with disability(s) shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under the project. The Recipient shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations set forth at 49 CFR 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, and the Americans with Disabilities Act. ARTICLE 23 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS A. It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds, Consequently, the Minority Business Enterprise requirements; f 49 CFR Part 23 apply to this Grant Agreement as follows: 1. ?he Recipient and any subcontractor agrees to insure that Minority Business Enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Recipient shall take all necessary and reasonable steps in • accordance with 49 CFR Part 23 to insure that minority business enterprises have the maximum opportunity to compete for and perform contracts. 2. The Recipient and any subcontractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. • 3. These requirements shall be physically included in any subcontract. ( • • B. The percentage goal for Disadvantaged Business Enterprise participation in the activities to be performed under this Grant Agreement is a minimum of 15% of the Grant Agreement dollars available for contracting opportunities as set forth in 49 CFR Pan 23 and amended by Section 106(c) of the Surface Transportation Assistance Act of t987. • • ARTICLE 23 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUI REbt ENTS(cont.) C. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the State, may result in termination of the Grant Agreement by the State or other such remedy as the State deems appropriate. ARTICLE 24. EQUAL EMPLOYMENT OPPORTUNITY The Recipient agrees to comply with Executive Order 11246 titled 'Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations 41 CFR. Part 60. ARTICLE 25. AFFIRMATIVE ACTION The Recipient warrants that affirmative action programs as required by the rules and regulations of the Secretary of Labor 41 CFR 60-I and 60-2 have been developed and are on file. ARTICLE 26. CLEAN AIR AND WATER If the Grant Agreement exceeds S 100,000, the Recipient will comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 7401 et. seq.); Section 508 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738: and Environmental Protection Agency regulations (40 CFR, Part 15). The Recipient further agrees to report violations to the State. ARTICLE 27, ENERGY EFFICIENCY The Recipient will recognize standards and policies relating to energy efficiency which may be contained in a State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). ARTICLE 28. SUBSTANCE ABUSE A. The Recipient agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the U. S. Department of Transportation or the State to inspect the facilities, testing process, and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654. • B. The Recipient will certify compliance with 49 CFR Parts 653 and 654 on or before September I of each year, using the certification form furnished by the State. C. The Recipient will submit required Management Information System (MIS) reports on or before February 15 each year using forms furnished by the State. ARTICLE 29. FEDERAL PRIVACY ACT ' A. The Recipient will comply with and assures the compliance of its employees with the • • information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC 1552a. The Recipient will not operate a system of records on behalf of the federal government without the express consent of the State and Federal Goverment . The Recipient understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation 14 1q • • i i ARTICLE 29. FEDERAL PRIVACY ACT(cont.) of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying Grant Agreement. B. The Recipient also agrees to include these requirements in each subcontract to administer any system of records on behalf of the federal govemment financed in whole or in part with federal assistance provided by FTA. ARTICLE 30. PROHIBITED ACTIVITIES A. Neither the Recipient nor any subcontractor shall use federal or state assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress or the Texas Legislature. B. No meri ber of or delegate to the Congress of the United States shall be admitted to any share or part of this Grant Agreement or to any benefit arising therefrom. C. No member, officer or employee of the Recipient during his tenure or one year thereafter shall have any interest, direct or indirect, in this Grant Agreement or the proceeds thereof. D. Texas Transportation Commission policy mandates that employees of the Texas Department of Transportation (TxDOT) shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this Grant Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of Tx DOT's Executive Director. Any persons doing business with or who may reasonably speaking do business with the State under this Grant Agreement may not make any offer of benefits, gifts or favors to TxDOT employees, except as mentioned here above. Failure on the part of the Recipient to adhere to this policy may result in the termination of this Grant Agreement. E. The Recipient will comply with Texas Government Code, Chapter 573, by insuring that no officer, employee or member of the Recipient's governing board or of the Recipient's contractors or subcontractors shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, governing body member related to such person in the prohibited degree. • ARTICLE 31. PUBLIC INFORMATION The F -cipient will insure that all information collected, assemb' d or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Government Code, Chapter 551 unless otherwise expressly provided by law, t • ARTICLE 32. OPEN MEETINGS • The Recipient will comply with Texas Govemmerr Code, Chapter 552, which requires all regular, special or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 15 ~O t: • • f i ARTICLE 33. INDEMNIFICATION A. The Recipient shall indemnify and save harmless the State from all claims and liability due to activities of its agents, employees or volunteers performed under this agreement and which result from an error, omission or negligent act of the Recipient or of any person employed by the Recipient. B. The Recipient shall also save harmless the State from any and all expenses, including attorney fees, which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as a result of activities by the Recipient, its agents, employees or volunteers. C. The Recipient agrees to protect, indemnify, and save harmless the State from and against all claims, demands and causes of action of every kind and character brought by any volunteer or employee of the Recipient against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Recipient or the State. D. The Recipient acknowledges that it is not an agent, servant or employee of the State and that it is responsible for its own acts and deeds and for those of its agents, employees or volunteers during the performance of the Grant Agreement. ARTICLE 34. INTELLECTUAL PROPERTY RIGHTS If any invention, improvement or discovery of the Recipient or any of its subcontractors is conceived or first actually reduced to practice in the course of or under this grant, which invention, improvement or discovery may be patentable under the Patent Laws of the United States of America or any foreign country; and if said invention, improvement or discovery has not already become the property of the State, the Recipient shall immediately notify the State and provide a detailed report. The rights and responsibilities of the State, the Recipient, any subcontractor and the United States Government with respect to such invention will be determined in accordance with applicable laws. regulations, policies and any waivers thereof. Further, the Recipient shall comply with the provisions of 41 CFR, Part 1.9. The State and the U.S. Department of Transportation shall have the royalty-free, non-exclusive and irrevocable ` right to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. ARTICLE 35. COMPLIANCE WITH LAWS • The Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or admirristrative bodies or tribunals in any matter affecting the performance of this grant, including without limitation workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimin ttion laws and regulations, and licensing laws and regulations. When required, the • Recipient shall furnish the State with satisfactory proof of compliance therewith. • ARTICLE 36. NONCOLLUSION The Recipient warrants that it has not employed or retained any company or person, other than a bona fide employee working for the firm, to solicit or secure this grant, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, Ib ~t • • • • ARTICLE 36. NONCOLLUSION (cont.) percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award or making of this grant. If the Recipient breaches or violates this warranty, the State shall have the right to annul this agreement without liability or, in its discretion, to deduct from the grant price or consideration, or otherwise recover, the full amount of such fee, commission, brokerage fee, gift, or contingent fee. ARTICLE 37. RESTRICTIONS ON LOBBYING Pursuant to Section 31 U.S.C. 1352, 49 CFR Pan 19 and 49 CFR Part 20, Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20 which generally prohibits recipients of federal funds from using those monies for lobbying purposes. When applicable, the Recipient will furnish the State the required certification. ARTICLE 38. SUSPENSION AND DEBARMENT The terms of the Department of Transportation regulation, "Suspension and Debarment of Participants in DOT Financial Assistance Programs," set forth in Executive Order 12549 and implemented by 49 CFR Part 29, are applicable to this Grant Agreement. Furthermore, any Recipient employed by the Recipient is also bound by the terms of 49 CFR Part 29 and must complete a Lower Tier Participant Debarment Certification. The Recipient warrants that the debarment certification furnished as part of the application is current and valid. ARTICLE 39. NONDISCRIMINATION The Recipient shall comply with the nondiscrimination provision attached hereto and labeled Attachment C, Nondiscrimination. ARTICLE 40. DELINQUENT TAX CERTIFICATION Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, which prohibits the State from awarding a contract to a corporation that is delinquent in paying taxes under Chapter 111, Tax Code, the Recipient hereby certifies that it is not delinquent in its Texas franchise tax payments, or that it is exempt from or not subject to such tax. A false statement concerning the Recipient's franchise tax status shall constitute grounds for cancellation of the Grant Agreement at the sole option of the State, ARTICLE 41. PROGRAM INCOME • A. Except for income from royalties and proceeds from the sale of real properly or equipment, the Recipient shall retain program income and apply such income to allowable capital or operating expenses. Program income from royalties and proceeds from sale of real property or equipment shall be handled as specified in 49 CFR 18.34 (Copyrights), 49 CFR 18.31 (Real Properly) and 49 CFR 18.32 (Equipment). • B. The Recipient shall comply w ith standards governing the receipt and application of program • • income as set forth in 49 CFR 18.25, Program Income, Progrk:.t income meats gross income received by the Recipient directly generated by a grant supported activity, or earned only as a result of this Grant Agreerent during the time period specified in Article I, Grant Period, 17 • r.. • 1 17 • • f ARTICLE 41. PROGRAM INCOME(cont.) C. Program income includes income from fees for scrv'ices performed, from the use or rental of real or personal property acquired with grant funds, from the sale of commodities or items fabricated under a Grant Agreemem, and from payments of principal and interest on loans made with grant funds. Except as otherwise provided in federal regulations, program income does not include grant funds, rebates, credits, discounts, refunds, and the interest earned on any of these receipts. ARTICLE 41 SUCCESSORS AND ASSIGNS The Recipient binds himself, his successors, assigns, executors and administrators in respect to all covenants of this agreement. The Recipient shall not sign, sublet or transfer his interest in this agreement without the written consent of the State. ARTICLE 43. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality orunenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 44. CHANGES IN FEDERAL REGULATIONS As a recipient of federal funds, the Recipient is required to comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the agreement (Form FTA NIA (2) dated October, 1495) between Purchaser and FTA , as they may be amended or promulgated from time to time during the term of this Grant Agreement, Recipient's failure to so comply shall constitute a material breach of this Grant Agreement. ARTICLE 45. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the public transportation grant specifically authorized and funded under this agreement. ARTICLE 46. INCORPORATION OF FEDERAL REQUIREMENTS This, Grant Agreement includes terms and conditions required by the U.S. Department of i • Transportation. All contractual provisions required by the U.S. Department of Transportation, as set forth in FFA Circular 4220.1 D, dated April 15, 1996, are hereby incorporated by reference. i Notwithstanding anything herein to the contraryand except as provided in State law, all M. mandated terns shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Recipient shall not perform any act, fail to perform any act, or refuse to comply with any t • State request which would cause the State to be in violation of federal terms and conditions or III • • slate law. V 18 a: • ARTICLE 47. SPECIAL PROVISION'S FOR CONSTRUCTION AND REPAIR A. Work Hours and Safety Standards Act The Recipient agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. Part 327.330) as supplemented by Department of Labor regulations (29 CFR, Part 5). 0. Copeland "Anti-Kickback" Act The Recipient agrees to comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Pan 3). C. Davis-Bacon Act The Recipient agrees to comply with the provisions of the Davis-Bacon Act (40 U.S.C. 276a- 276a-5) as supplemented by Department of Labor regulations (29 CFR, Part 5). D. Relocation and Land Acquisition The terms of the U.S. Department of Transportation regulations "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs" 49 CFR Part 25 are applicable to this Grant Agreement. E. Insurance and Bonding The Recipient shall comply with insurance and banding requirements as established in 49 CFR Part 18. F. Signs The Recipient shall cause to be erected at the site of construction, and maintained during construction, signs satisfactory to the State and the U. S. Depanrent of Transportation identifying the project and indicating that the Government is participating in the development of the project. G. Seismic Safety The Recipient agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in U.S. Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The Recipient also agrees to ensure that all work performed under this Grant Agreement including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. r • • • , J 19 cif y - 1 r J1 • ARTICLE 4& SIGNATORY WARRANTY The undersigned signatory for the Recipient hereby represents and warrants that he/she is an officer of the organization for which helshe has executed this agreement and that he/she has full and complete authority to enter into this agreement on behalf of the organization. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE STATE Of TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 107220. By: District Engineer: Jay R. Nelson District: Dallas Date: RECIPIENT By: The City Of Denton Date: .Typed or Printed Name and Title • , • • 20 r • 7 r a y~7} ~ 1 x u S ~ `t'/ A i ~ 1 4 l.la a '~f f t': _ ._.~_~:tiiJl. Ty,~3 ` i,A.••b y_~"yi'.u•.y~~r'K~A:.;r~ _{i,_3r~ d 1 r~~- 1 tk~'i ~ Ire e-i".,L~ va~~cSiC• '''L-Zp'~~. End of Contract j I r t 21 V~ - .ter _,,1 `,i'~' I r ~ S t ~ ill+~ `~i J ♦ ~r 1f= 5, a, ~22 ~ iRDNf CITY NANAGER FAX NO.f 9493498596 MOMENTA Project Budget (2) The chart below indicates how the state urbanized transportation funds will be applied by line item and in what amounts those amounts will be used as the matching share. +w - I Toed FmI W "I s.u 9r 06W 00 Ira I >r 4116 9c w o..a.fsr cyer pmLbome T" 11.37s 14.1a ILAW r xgmopn 4 25.944 19,890 It."* A 4 so sNYr4 JJW 3A90 1.349 >l is UrR&" Sam 1710 tJ10 e Sem MIY4~i,r1 I10Am 9T.400 MAD A a M4a4is 9N( &O N& bun IAAD 79lm 9p,31p A 8W resk Tow C7ri Maim N7,9m 10.4A ilrNK "Mo 10,000 6.01 3.180 grrl4s 7+0.17.9 In.3" ILM A= 13 W T44r s17~41A0 31i.u1A1 90,T31.m W.3" 0m 13'Wema (3) Project Funding Description. These funds are requested to assist with the operation of the City of Denton's public transportation system fbr the 1.998 fiscal year. SPAN operates four fixed routes and complementary paratransit service Monday through Friday from 6:00 a.m. - 7:00 p.m. and on Saturday's from 900 a.m. - 3:00 a.m. The service does not run on Sunday or on holidays observed for New Year's Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day. Thanksgiving Day, day after Thanksgiving, Christmas Eve, and Christmas Day. The E tare structure is as follows: Adults $ .75 Children 6 - 18 $ .50 Children under 6 Free • Seniors and Persons with Disabilities $.3S Transfers Free 1 Ozone Action Days $.25 The capital funds requested under this grant are expected to be used for purchase of maintenance tools, equipment and facilities, in addition to shelters/benches and replacement • transit buses. • (4) A copy of the FY 98 federal grant application will be forwarded when submitted to the FTA. , OONTIWT BU DOET A6dwxnt E pool di CCNTRAOTOR: Cty of Dwim CONTRACT NUMSBi 6!&)00"1000 STATE PROJECT NO: UR61101(01491 FTANUMW% STATE STATE WATIE LINE ITEM I OEACRiPT1ON TOTAL FEDERAL PTFM006 06AWC001 (4OvMeoris LOCAL CAPITAL )OC)O= MobAw"m To* & cop. 26&00 10,616 0 14J= D D XX.)DLXX For Br &WOS 20J= 6.734 0 11.200 0 0 )O(V00( Ta 8edw 6,006 2,1M 0 2.616 0 0 X)UOGXx Ups WWrdArs" 1A00 1,510 0 1,110 0 0 XXJO(JO( Two MN. D-* Trrwt BLu 1765000 76,421 0 "5675 0 0 )OL)OM Vo14da Owrh" 17600 15101 0 701 0 0 XX.)O(JO( Ifiit F"ft 47,011 20,667 0 26,606 0 0 TOTALCAPSTAL 2M,S" 1265070 44% 0 0% 11t,6" 0% 0 0% 0 0% PLANK Na )DL)OL X 60!)00 t1" 0 26,10 0 2 221 TOTAL PLANNIM 60m 21.16 W% 0 0% 26,11 W% 0 0% 24226 4% OPERATM XX.)OL)D( 4705000 221,660. 1721 ~ ~ 0, 121,100 TOTAL OPERATINa 470"10 221 AN 47% 62,721 20% 20AN 6% 0 0% 125,100 27% TOTAL 6".466 4" 9%m 11% IIIAW S% S 0% !810 11% • STATE FUTIOINa 6PLIT: PTFWC 006 OTHBW 001 OIL OVEAC}fAW CAP 01 0FIST1011ARY TOTAL CAPITAL 0 1621300 0 0 0 fR26M • PLANWNQ 0 26,106 0 0 0 2!1616 OPERATtNa !4,726 21226 0 0 0 121 10,726 2t ,310 0 0 0 114016 Tx Wxx6(SC1 OLkROVI 0 TOTAL RHM"SA" AMOUNT' MAN • i.4+r`'. , / r,y' qtr SS:; "'i T ~ 5 • • tQ+arsaorrr> - ~:.:;.4..~-t•.^:l::tYt« .":S~Jt%J: s`"Y: iY.'{:Y'-tw`E.S.Y1`'1L•Scf'.~ssF`'fi"+S1~Yi~ '~'!'IZt - CITY COUNCIL R=PORT AOtnda No.-1 / - Agenda Ite DATE: August 12, 1997 Gate TO. Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: Request for Central Handicap Parking Space at 101 Avenue A RECOMM£NDATIORC Approval SUMMARY/BACKGROUND: The Fry Street Development group is making this request Clue to the severe need of a handicap parking space for their merchants. They have requested a metered space so no one will occupy it for an extended period of time. This will provide a safe, central, and efficient space for those doing business in the area. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Fry Street Merchants, UNT Students, and citizens visiting the Fry street area FISCAL IMPACT $150 - Signs RE CT LY SUBMITTED: • Deputy City Manager • Prepared by: • • CQA--~ f , er C ar , Director Eng eerie / Transportation AIR0083A S Y` 2W,~~7 . . u`C:Y ii::.':~:aY::'viFftif.:`~ff#~i~:4'«~J`JC3~I.►;i~if7'~17~i:S•L}~l`~2E`~1.gkP~'" r MEMORANDW DATE: August 12, 1997 TO. Rick Svehla, Deputy City Manager FROM: Jerry Clark, Director of Engineering i Transportation SUBJECT: Handicap parking space at 101 Avenue A :his was an extremely well coordinated effort by Bill Stoneburner, President of the Fry Street Development group. He has talked to businesses in the area and all agree with this idea. They have requested this handicap "metered" parking space be centrally located so customers can safely and conveniently navigate through the Fry street business district (see map attached). A metered space also gives sons assurance that a UNT student Zoesn't ; park in the space for an indefinite time. Staff recommends approval. e Jerr ar , P, E. • E 3 ~ E • C`~~31x_i_".y'_ ~ ~~~i~ ~LSf `~(,"~,~'~li}G jyi~.~~Ll rl~-~r,M1,1Ft l5 ~yi4~~~~1'^a,. L - . .ni>ti V.-. ] Y~:a l'J:a•1\~V. Yr~ii.~ Vv,.~f~J/Y.+a~W.I'~~..~+~.+~~~r~r.~...--..~.r~>•Yw~M1~.YiMflr~♦ MINUTES Traffic Safety COMMiasiOn June Z, 1997 PRESENT: Jim Hobdy, Charles Ridens, Harry Phillips, Greg Sawko, Fred Hill, and Carolyn Bacon, Vice-Chair STAFF: Jerry Clark, Staff Liaison Lois Scobse, Adniniatrativo Secretary ITEM 01 RI ISN AHD CONSIDER APPROVAL OF MAY 5TH. 1997: Sawko made a motion co accept the minutes with one correction on page 1. The word 'unanimously' needs to be deleted. Hobdy seconded << the cation. Motion passed unanimously. ITEM 9j MIEW WD CONSIDER A H'_ ICAPPID PAMINO SPACR AT 101 AVSNUE A: Clark n~ld this is an active merchant group who needs a handicapped access. There is already an opening ramp at the corner with an adjacent space. First State Sank says they are in agreement with a metered handicapped space. This is positive and the beat place for the handicapped access. STAFF FECOMMJiDED: Approval C"ISSIOHERS. Phillips made a motion to approve the metered handicap access. Hobdy seconded the motion. Motion passed unanimously. I f t 1 I~ t , r f ~ A' I N40 V. 1 0 i i. s U.n.M1tn'K'rs~V:_Mati~W~aaYYNa•Lf'YfN:~f'.~aw.W~.~w.. Rw'~~O.A aV riJ.Yw/•~_' `►Y~i.~_• TSC Memo May 28th, 1997 page 2 ITEM #2 REVIEW AND CONSIDER A HANDICAPPED PARKING SPACE AT 101 AVENUE As Bill Stoneburner, President of the Fry Street Development Corporation, has worked with the merchants in this area. The Fry street area merchants have expressed a need for a handicapped space that would be convenient. Specifically, he contacted and received approval from First State Bank for changing a standard metered space into a handicapped space that would keep its meter. Beeping the meter allows short term handicapped parking but not all day handicapped student or other parking. Staff recommends this space be converted to handicapped. it has a ramp opening adjacent including the extra space needed for a standard handicapped space. We also recommend that the meter remain to keep the space available. This request is based on a consensus of the Fry street area which is very positive. i • AEEOOAFO ♦tF+~~ I~ I ~t awl-1J ez, 11 ~f~1:,.jJi~ fa1~'£~+'fniirtK,irb~f/E j'a ;~~IF t'.Y.1+,14EI1'~a S ';->L`s:is~Ua++.14~,Q'~aesb.a'+tt~ui~n:.uM+.es+MIM4+le~e~~►..~.~....+..r...~«.~......~~.. May 19, 1997 Dear Mr. Claris, I am writing to you to formally rvgLv9 that a handicapped puiang space be installed in front of tho First State Bank annex at 101 Ave. A. 1 have talked with several sera business owuets, and they agree with thds idea We reccomend that a meta be kft on this spot. The downside of this request, is than if the meter is removed, a b ubcapped student could tie up dh space all day. defeating our goal of making this spsa available for all of our customers.' Thank you for your attention on this matter. Please fed free to all me at BiRy Shears (940).387-5411 or at home (%0)-382.3333, if i can be of any bdp on this matter. Bill Stoneburner, President, Fry Strad Developum t Corp. r t i. r :r WE a . i 11T Sr 4m (kraal r U ~JT v Tlfrc cuo 41 ~ Y i . ! ko~ ,-A - .'lr~.,~bi ~ y~ ! .,gip *..`-,1`~ 3\ ~'~a{$h ~;~G.~~~ {,'ty~✓'lffi ~r S; • • r ORDINANCE NO. AH ORDINANCE OF THE CITY OF DENTON, TEXAS, WENDING CHAPTER 18, SECTION 18-109, TO PROVIDE FOR AN ADDITIONAL DISABLED PARKING SPACE IN FRONT OF 101 AVENUE Al PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That pursuant to Section 18-96 of the Code of Ordinances, the City Engineer is directed to designate and mark parking spaces in areas where parking is to be limited. S CTI~ ON II. That Section 18-109(a)(1)-(25) shall remain in full force and effect. SECTION III. That Section 18-109(x)(26) shall be added to create a new disabled parking space directly in front of 101 Avenue A and subsection (26) shall read as follows: (26) One (1) metered parking space directly in front of 101 Avenue A. SECTION IV. That an individual adjudged guilty of violating any provisions of this ordinance when signs are erected giving notice thereof, shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION V. All ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of the conflict. SECTION VI, That if any section, subsection, paragraph, • sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. • SECTION VII. That this ordinance shall become effective • • fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) nays from the date of its passage. 7 ~r i -1-1 4',.:1-4;'-v:'~.V r. r,~..,.> wr✓a.:~.~~ _u wr- - PASSED AND APPROVED this the w day of 1997. JACK MILLER. MAYOR ATTEST JENNIM WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL PORKi HSRBBRT L. PROErrY. CITY ATTORNBY BYi f s , r' 01 ~'r`'~.~'q~ :4~. r ti..:!ij _x.aSj? W.AC•~~~Yi}--~c. ` t.. ~~."+.tv • • Agenda No. 9 7- Agenda Item Z CITY COUNCIL REPORT Date TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: R. E. Nelson, Executive Director of Utilities DATE: SEPTEMBER 2, 1997 SUBJECT: APPROVAL OF CHANGE ORDER AND PHASE 11 EXPENDITURES FOR RMI GENERATION RFP PROJECT f RECOMMENDATION: Approval of an Increase of the Phase 1 F.N1I Evalmation of Power Supply ARernatives (RFP) contract (Task Order No. %B± from $55,000 to 577,702.69 and approval of Phase II of the Generation RFP projeci In the amount of 597,000. SUMMARYIBACKGROUND: The City of Denton Electric Utility is forecast to require additional generation resoorees by 1999. In addition, changing conditions In the wholesale power market and peteotial effects of deregulation make it prudent to investigate other options for meeting the City's j generation resource requirements. In order to accomplish these goals, RMI was klred to coordinate a Generation RFP. RMI has completed Phase I of The Generation RFP process. That process involved a review of the Denton load forecast, drafting of the RFP document, issuing of the RFP, coordination of the data responses, coordination of pre-proposal meetings, interaction with vendors and initial screening of proposals. This work cost 522,702.69 more than estimated for the following reasons: l a Additional forecast review required a Rbfl drafting of RFP document rather than Denton staff • a Large number of responses required to vendor data requests a Significant amount of one-on-one work with vendor 1 a Extended bid period j Phase 11 of the project will consist of: • o Idtatifiation of finalist k • tl e Extensive negotiation support throughout the process a Evaluation of economic terms over period of proposed study period to iseiude estimatt of net present value of power suppiy alternatives t~ • Coordinatioa of cost and responsibility for ancillary services and transs<hudea associated with delivery of power supply • ldtatitircatioa and -valuation of proposer's commitment to reduce City's rpposuibitity to assume cost variation risks • PROSYM computer modeling as required • presentations and summary reports as required, Garland will match the contributions made by Denton throughout Pkm 11. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Utility it FISCAL IMPACT: ~ S 119,702.69 Respectfully Submitted: 1 E. Nelson, Executive Director Prepared by: c ' Sharon Mays, Electric U 'ty Director r i 7 1 r i n V I ~ W&I w .r.1/C G • 1414.- '1 s~ ♦ i ^s,rj♦ ~t~ C:1D0CS10RD1RM12KD.0RD i ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE MANAGEMENT INTERNATIONAL, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the city !tanager is hereby authorized to execute the second amendment to the profe•-sional services agreement with Resource Management International, Inc. ("RMI"), a copy of which is attached hereto and incorpo4:ated herein, along with any task orders and other documents necessary to the performance of the second amendment. SECTION II. That the expenditure of funds as provided in the attached agreement is hereby authorized. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the - day of . 1997. JACX MILLER, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORK: HERBERT L. PROUTY$ CITY ATTORNEY • BY: 1 y r • f 3 • } -80 • E STATE OF TEXAS 5 c COUNTY OF DENTON S SECOND AMENDMENT TO PROFESSIONAL SERVICES AOREENZNT THIS AGREEMENT Is the second amendment to the Professional Services Agreement entered into by and between Resource Management International, Inc., a California Corporation ("RMI") and the City of Denton, Texas, a Texas Municipal Corpcration ("CITY"), on the 17th day of September, 1996, for professional and related services provided by RMI to the CITY, hereinafter referred to as the "Base Agreement"; this second amendment further amends the First Amendment to Professional Services Agreement entered into by and between RMI and the CITY on the 3rd day of December 1996, which is hereinafter referred to as the "First Amended Agreement". In consideration of the terms and conditions set forth herein, and the mutual promises of the parties, the parties do hereby AGREE: I. That Section II "Fees For Services" of the Base Agreement and Section II of the First Amended Agreement are hereby amended to include the following provisions: For services provided by RMI to the CITY pursuant to the parties, agreement respecting completion of the work in Phase I of the Evaluation Of Power Supply Alternatives RFP Project, pursuant to Task Order No. 96B, the CITY shall pay RMI the total sum of $77,702.69, said sum representing the payment of an additional $22,702.69 in professional fees to RMI. I1. That Section I "Scope Of Services" of the Base Agreement is hereby • amended to add the following provisions: RMI shall further provide to the CITY the services pertaining to the Evaluation Of Power Supply Alternatives-Phase II project as set forth in individual task orders made as attachments to this Agreement including, without limitation, Task Order No. 97A, a copy of which Task Order is attached hereto as Exhibit "A^ and incorporated herewith by reference. I Y , ~ 'ter-~~___ - • ~ i III. ~ That Section II "Fees For Services" of the Base Agreement and Section II of the First Amended Agreement are hereby amended to add the following provisions: Services to be provided by RMI to the CITY pursuant to the parties' agreement respecting completion of the Evaluation of Power Supply Alternatives-Phase II project, the CITY shall pay RMI in acco:da.;::e with the rates and charges contained in the "Fees For Ser .ces" provisions of Exhibit "A" attached hereto. CITY shall accc)rdingly pay to RMI, pursuant to the terms of Task Order No. 97A, professional fees and expenses in an amount not to exceed $97,000.00. IV. That save and except as expressly amended by this Second Amendment to Professional Services Agreement, all the terms, conditions, and covenants of the Base Agreement and the First Amended Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the CITY has caused this Second Amendment To Professional Services Agreement co be executed by and through its duly authorized City Manager; and Resource Management Interna- tional, Inc. has caused this Second Amendment To Professional Services Agreement to be executed by and through its duly autho- rized officer on this the day of 1997. CITY OF DENTON, TEXAS BY- Ted Benavides, city manager i, ATTEST: JENNIFER WALTERS, CITY SECRETARY i 1 r. r ' Page 2 z APPROVED AS TO LEGAL FORM: HERBERT L. PRO(TPY, CITY ATTORNEY r , ~ i BY: RESOURCE MANAGEMENT INTERNATIONAL, INC. A California Corporation By: Its: ATTEST: By: k f• ~ 1 S, r • P i. 1 ,1 Page 3 t ~ t '4 e'L7 1 . j~jy 4''2aRl'.~tj Ox ,i:~ bi•'y C~w`~S ins 't himi • • ATTACIIMENT TO PROFESSIONAL SERVICES AGREEMENT BMWEEN RESOURCE MANAGEMENT INTERNATIONAL, INC. AND T1IE CITY OF DENTON DATED September 17, 1996 TASK ORDER NO. 97-A EVALUATION OF POWER SUPPLY ALTERNATIVES - PHASE II This Task Order defines a Scope of Services and Budget for work by Resource Management International, Inc. (RMI) for the City of Benton, Texas (City). The activities in this Task Order continue the work performed vnder Task Order 96-13, Evaluation of Power Supply Alternatives (Phase 1). Phase 1 included the development of a Request For Pro"Is for Power Supply (RFP) and the screening of proposals received in response to the RFP. Phase It refocuses the RFP process to incorporate information learned in Phase 1. Phase II will include identifying parties interested in the purchase of the City's TMPA assets and soliciting proposals for the best use of the City's generation. Phase It will also include negotiations with those interested parties to arrive at an agreement for the sale of certain assets and the repowering or other use of other assets. Power supply ' contracts to replace power previously owned or operated by TMPA and /or the City will also be a part of Phase If activities. SCOPE. OF SERVICES The following outlines representative activities to be completed under this Task Order: RMI will interview major national energy companies to descrihe the intent of Denton and Garland (Cities) with respect to TMPA and the City's owned local generation assets. These meetings will provide a status report on the Denton RFSP 2035 and explain how the process will proceed. Letters of interest in participating in the process will be solicited from each company. • Once the letters of interest are returned (within one week of the meetings), RMI and • Denton will identify the companies with whom negotiations will proceed. RMl will assist the City in providing data to companies, arranging plant tours, , coordinating aril participating in meetings, and identifying and researching questions related to the use or sale of assets. The City will retain the necessary legal and bond counsel to provide legal opinions as mmnsary. • RMI anticipates extensive negotiations with 2 to 4 parties. These negotiations will ` • • be related to the sale of the City's share of TMPA, and various proposals for the best • use of the City's other generation assets. Rkll % sill evaluate the economic terms of the proposals and calculate the net present value of the different proposals in order to assist in determining the best offer. 97A-1 r.rN .':.01'~i~i'.K~:x.avc,-n.ca.:.~_*1C..Itw:.f..•,~.fBwK~a21!~~d:71.`.i+3A~6V~bS~`tSS'1~Y.~F.: 7'z - , • In the evaluation, RN41 will run, as needed, the PROSYM production cost program to model alternative generation and purchased power configurations to evaluate the economics associated with different options under different scenarios. • RMI will work with the City and the companies to address questions related to the provision of ancillary services and transmission. These factors will be addressed in negotiations and included in the economic analysis. • As part of negotiations, RMI will work with the City to identify and evaluate the companies ability to assume risk associated with variations in costs related to fuel, transmission, and other factors. • RMI will provide presentations to staff, the Utility Board, and members of Council as requested. A final report will be provided comparing alternative proposals should there not be a clear winner. • RR41 will perform services as necessary to support this process to secure power supply for the future, as directed by City staff. BUDGET Budget for work performed under this Task Order is difficult to estimate due to the variables involved, such as the number of parties to be included in the negotiation process. The estimated budget for this Task Order is $97kW. This assumes that the City of Garland approves a like amount. Should Garland not approve a like budget, RMI will submit a new Task Order and Budget. All work will be billed on a monthly basis. This Task Order Is authorized and made an attachment to the above identified Professional Services Agreement tyuough the signatures below. Authorized by: Accepted by: I City of Denton, Texas ResoyRr anaLnnwent t e.-national, Inc. I, IIJ BY BY - Date: 1 a { 97A-2~ k 0 46 % i , FEES FOR SERVICES RESOURCE MANAGEMENT INTERNATIONAL, INC. 1997 Professional and support services, except for testimony, shall be billed at the following rates: Managing Executive Consultant $166 per hour Principal Executive Consultant $150 per hour Executive Consultant $142 per hour Principal Consultant $131 per hour Supervising Consultant $116 per hour Senior Consultant $106 per hour Associate Professional S 92 per hour Analyst S 81 per hour Research Assistant S 61 per hour Technician $ 53 per hour Office Services $ 49 per hour i he above rates shall be adjusted each year, commencing January 1, 1998, to reflect the change in rates officially established by the RMl Board of Directors. Testimony shall be billed at not less than eight (8) hours per day. Reproduction, printing, communications, computer services, and other misceIlaneous support services shall be billed at rates for such services as determined from time to time and officially established by the RMI Board of Directors plus ten (10) percent. All travel, food, lodging, and miscellaneous expenses, except automobile mileage, assodaled with the provision of services hereunder shall be billed at cost. Automobile t mileage shall be billed at $030 per mile. Client shall reimburse RMf for any applicable sales tax imposed on services rendered by RMI to Client. 4 4 _ • - 11 ~ ? t, ` a `C.~,,YN ` , Wr, ~Y~~ a kyYJ' f .c• ~ ~ ' s Agenda No. 7 / X39 Agenda Item ' , Date CITY COUNCIL REPORT i f DATE: August 26, 1997 E. TO. Mayor and Members of the City Council r FROM: Rick Svehla, Deputy City Manager SUBJECT: Texas Water Development Board Grant RECOMMENDATION: Approve Resolution SUMMARY/BACKGROUND: This flood prevention planning document will provide engineering recommendations for the culverts, bridges, and channels needed to complement the detention ponds from the 1995 grant. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Citizens in Cooper Creek Watershed, and the Engineering Transportation Department FISCAL IMPACT: I $37,599.50 RESPECTFULLY SUBMITTED: R ck Sve la Ofh Deputy City Manager Prepared by. i J cr Clar • r t i .1 • ~ :i S. ~,y.hf at {S'i ~ . S t,y,p Salt. , n(sX•~14ti 1. r . % , . i.u:i.~~~„'l?:1:iY.Y~~j3'~aGY.esaaca✓sr aarY~ieW+6iNatd~+1/JSi.+r-tin..1...r..~-•..-....~..~•..~.f.~. r...~...:~...r+..+~i' 1. Texas Water Development Board Flood Prevention Grant o...~ 1V1S147 To Rick Svehla, Deputy City Mansga mm Jerry Clark m Ceram Fuodmg The =lowed raokdon is from the Tear Water Development Board. ho purpose is to show the political enhty RktrAtM for the grant has committed rumdmg dhist will be awlable if the gnat is awarded. We pmvktWy received two gmas in 1945 that enabled us to jump-start wr flood prevention planting. Phase D in 1995-96 looicad at regional detention for the Cooper Creek Basin Some of those ponds are already under development *to* Mvume development aid in construction Thin study is for Flood ftrm rion PWming-Cooper Crock Wmagwd Phase 13, The City of Denton wand be aired to match the 537,599.50 from the Tuna Water Development Board to fund the total oast of this study, which is $75,199. Cooper Creek has SM,000 budgeted in the Lad year of the CIP. This planning etibrt would establish the bridge and alvert systems that would be coarpatible with the date lion pond systems. Designing sham raw would en" the improvements to be 000m tcted earlier because all that would be needed would be the final ooestruction p4 m. The siting sad opghw ing would be taken arc of with this study. Jac f , s r - -.~e_ i_ ~ ~R 4-`' . Z'~~f. ~ ~~r' ,t•, ~y ~r~~~S~ w? y~'~w y}` ~~1~ ~ y{ {1 'Y;yi,~f3~~~~'}\~"~\: . ~e, RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR ASSISTANCE; MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton hereby finds and determines that there is a need for a plan for flood protection in the Cooper Creek Watershed (Phase 11); and WHEREAS, such planning cannot be reasonably financed unless financial assistance is obtained from the Texas Water Development Board; and WHEREAS, the City Council recognizes that a grant from the Texas Water Development Board requires a local match of thirty-seven thousand five hundred ninety-nine dollars and fifty cents (537,549.50); NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That an application is hereby approved and the City Manager is hereby authorized to file an application with the Texas Water Development Board seeking financial assistance in an amount not to exceed thirty-seven thousand five hundred ninety-tune dollars and fifty cents ($37,599.50) to provide for the costs of Flood Protection Planning - Cooper Creek Watershed Phase 11. The City Manager is hereby further authorized to execute any certifications, contracts, or other documents necessary to obtain this gnat and to expend the matching funds. SECTION [I. That the City Manager or his designee, the Director of Engineering & Transportation will be and is hereby designated the authorized representative of the City of Denton for purposes of furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and with complying with the rules of the Texas Water Development Board. 5EC770N III. That this resolution shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of + 1497• JACK MILLER, MAYOR 3 ~ r l - Y~-.:'"- } . .Y :Y t r f crs'~, '~.M:~Ft, ,,t 1 ~ i,'S 4 Il : ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTO Y BY: i. F: C r r. y t t Page 2 r _ - - +n~x ra., +i rt ~t'.Y• f i y't~ `t~\ ~.:a Tyr • }J!C i;. _ z .'C t,h r'T t.l 4 1 6'; ~4' ,`..yf } ` n~, .Y ,~:4~• S' ~.a. A,~,# ,r'L\~7 i~ • • JS 1. Agende No,_ Ap~ndo Ite . Dats ' CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: REIMBURSEMENT RESOLUTION RECOMMENDATION Staff recommends that the City Council approve the attached reimbursement resolution. The resolution will allow the Engineering Division to proceed with the Cooper Creek Road Crossing Project. SUMMARYs The Engineering Division is currently in need of capital funding for a project. Although the Capital Improvement Plan for 1997-98 includes a bond sale in the Spring of 1998. The Engineering Division is in need of funding prior to that sale. The attached memo explains the necessity of the funds. Legislation now includes a provision for designation of project expenditures prior to a bond sale as reimbursable by bond proceeds. This 'reimbursement resolution' allows the utilization of $45,000 of Utility fund expenditures to be reimbursed with • proceeds from the bond sale scheduled for April 1998. The approval of this resolution will allow the project to progress yet does not require early issuance of debt. - ; - s s :%F:-i_'+`:`'.-Gl i.\f, YLY6?13iSYMli::.v a<~w...r.n..rnY•Jrar Ywuc+frr,ra.......~~+.+~-+~+'►~~... PROGgAMS DEPARTMENTS OR GROUPS AFFECTED: The Engineering Division and the citizens that live in the vicinity o,' Cooper Creek will be affected. FISCAL IMPACT, The resolution will allow $45,000 of the 1998 bond sale to be expended earlier than scheduled. Respectfully submitted: Ted 8enavides City Manager Prepared by: Ka ose Assistant City Manager of Finance KD:cr AFF0073E i KR I. t If _ f S ~ t 14 J { 1 J t~' r I` ~s V "AN , j ' CITY OF DEMM, TEX" M1 OPAL BUILDING • DENTON TEW 7W I • TELEMME (817) 566.8307 ofte Of ft C y Af rapsr S,, f • i MEMORANDUM DATE: August 29, 1941 TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: REIMBURSEMENT RESOLUTION As part of the OOment agenda, there is a resolution 60 apply for a grant to the Texas Water Devetopmern Board for design and sizing cations for the crossings on Cooper Creek. What ' this resolution would do would allow us to use future bond sales one year from next spring to reimburse the general fund for our funding of this grant proposal. We estimate the furling to t ' be approximately $43,000 in total. As indicated in the resolution, that would cover the grant funding plus engineering work that needs to be done. If Council has any questions, 1 will be happy to try and answer them at your convenience. OA Rick Svehla ' Deputy City Manager r tso I A104MAF1 M1 All' r ' INWAW So on&* S~ .«4 •1 s. j eA • i • r RESOLUTION NO. A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR THE COOPER CREEK ROAD CROSSING PROJECT WITH BOND PROCEEDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer) is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures in connection with the design, planning, and construction of the project described in Exhibit "A" hereto (the "Project') prior to the issuance of obligations to finance the project; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1150,2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the Issuer reasonably expects to incur debt, as'one or more series of obligations, with an aggregate maximum principal amount equal to 545,000 for the purpose of paying the costs for the costs of the Project. SECTION II. That all costs to be reimbursed pursuant hereto will be design and capital expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this resolution after a date which is later than 19 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION Ill. That the foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this resolution more than thrf• years after the date any expenditure which is to • be reimbursed is paid. i SECTION IV. That this resolution shall become effective immediately upon its passage ' and approval. PASSED AND APPROVED this the day of _ '1997. • ♦ • JACK MILLER, MAYOR Y way ~ ; ' Ci~v'~.i~~:.'~4..~~aS:_~~.s'~k:'~L.G9Llp~y~a~w~.ovv:~aNrcv>MS t~ic~swy~rar+r~,.~.«i,wi r•r :u.~...~w.~- '-•~_`.r.ru~.+rr - - ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY r BY: E VOCTAESCOOIER CREEK W CROSSING i 1 3 f. t Page ? - .c:..✓ s. r " raj, r.r. :~j. 9 r Sr n~'~-tr`J~~4rrk r• , EXHIBIT "A" Calculation and sizing of Road Crossings on Cooper Creek. 1 r AFFOI VC \J r r ~ • -r.: :•~}Cr.,^ ~`~.~°L.'~t.~'aCr`.,'~.,r ~vr i_~~3 ~tii~ti 1<<~...~ v ~/air ~r}`~I1 'i • • Agenda ND - . Agenda Item Date CITY OF DENTOM TEXAS MUNICIPAL SOLDWra • DENTC0 TEXAS 76201 • TELEPHONE(817) 566-8307 Office of Me City' Manager CITY COUNCIL REPORT 1 TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: September 2, 1997 1 SUBJECT: Resolution of the City of Denton City Council Requesting the Texas Municipal E League to Sponsor Legislation Allowing the Use of Logo Reader Boards in Urban Areas with a Population of 50,000 or More RECOMMENDATION: Staff recommends adoption of this resolution. S0f1*1ARY1BACKGWUND: The resolution requests that TML sponsor legislation to enable the use of bgo reader boards in urban areas with a population of 50,000 or more, Current Texas legislation allows logo signs an interchanges on state highways in cities with a population of less than 50,000, according to the most recent Federal census. This allows surrounding cities like Lewisville to place logo signs on I-35E, but Denton is prohibited from doing so. Specific information logo signs have a blue background with a white reflective boarder for commercial establishments which provide gas, food, lodging or camping and are located not farther than three miles from an interchange on an eligible highway. TxDOT contracts with a private firm to provide the signs and administer the program. Amending the current legislation to allow Denton and other Texas urban areas with a population of 50,000 or more to place logo reader boards on stale highways is neczssary to allow local businesses within three miles of the interchange to be eligible to purchase signs to be placed on the Interstate. The TML constitution states that resolutions for consideration at the Annual Conference must be submitted forty-five (45) calendar days prior to the first day of the conference, The deadline 'Dedicated to Quality Savior" • 1` 4N ,ter , TML Resolution - Logo Reader Boards September 2, 1997 Page 2 for roxipt of these items by TML is September 15, armd Council approval of the resolution is necessary to meet that date. The Anowl Conference is scheduled for October 31 through November' it Fort Worth. PROD -t sEUSTMENP, OR QHOUFS AFFECTED: Denton cccvens, Denton business owners, and Texas travellers FISCAL NiPACT: None Please advise if I can provide further information. f RESPECTFULLY SUBMITTED: Ted Benavides City Manager Prepared by: tty Wi cams Assistant to the City Manager Attachments: 1. Resolution i AMMODAEI l 01 t. F • K:;.',:f of ! .l w ~ ~'~.c G~ w ~i tile: ~ i 'i! t N Y ~ ~ ..~.._'.1M•.V.Y:.1CR~Y;.rN~'.•~ti.wi-,/'..f.wrs.MJrA.4r rrY V..~~Y..~...~~~~~.... RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUFS M40 THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION REGARDING THE USE OF LOGO READER BOARDS IN URBAN AREAS WITH A POPULATION OF 50,000 OR MORE, AND PROVIDING FOR AN EFFHCTIVE DATE. WHEREAS, the Texas MmrlcW League bolds rm amW conference b d»cma marten of Importance to focal toverning bodies around the Staoe; and WHE"AS, the Annul Conference is scheduled for Oatoba 29. November 1, 1997 in Fort Worth; and WHEREAS, the Texas IegWatu a has "OPted ktisUbw pam{ttiot the use d logo railer boards along issterm a in ueu 'located ordside an usbanimd area witb a populadon of 50.000 or more accord S 10 the most recent Federal ceaa st, ad WHEREAS. such logo reader boards pmvW a valu." savlce 10 motoriW in order to detamim upoomiN loadoas for food, lodging, and gasoline; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTION 1. That the City Cormcr7 requeg the Texas Mudclpd Lague to ca>mider sponsoring letisla ion whicb would amend the surest Ietisladoo allowing the tae of logo reader boards along Wmtapea in urban areas with a P*As ion of 50,000 or most. SECTION IT. That the City Monster is tutboriud to forward a copy of this rewh4on to Mr. Franc Stun], Eaautive Director of the Texas Municipal Lathe. SECTION 1rl. That this resolution shall become effective immedimly upon a puq•e and approval. PASSED AND APPROVED this the ` day of . 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY L ' • . 11 J i~ L y ~ J.\ 1 I L t~si :,5.r' 1•l .i: r - i Leh iG ..1,~ k1 w `iL` ~1+~~ •'~t~ 1 { Y\' ri E" i J S. • a.o APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CRY ATTORNEY BY .r AMM00AC7 r F ,I t k , j ~r r `r i f 4 rC V V • _ ~efis,7i i..k"~•- .Ii.til.~~~~4~ ~,_c,~." .+.j,;:.,~%hrr~i`#i',~'Y,. • Agenda No. 7 7~D39 Agenda item Date_ " CfTY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 7WO1 • TELEPHONE (817) 586-8307 l - - 0111ce of the city Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: September 2, 1997 SUBJECT: Resolution of the City of Denton City Council Requesting the Texas Municipal League to Sponsor Legislation Regarding the Repeal of 43.251(d) of the Public I Utility Regulatory Act to Allow Cities to Compete Against Local Exchange Telephone Carriers RMP-MMENDATION: Staff recommends adoption of this resolution. SUMMARY/BACKGROUND: The resolution requests that TML sponsor legislation to repeal ¢3,251(d) of the Public Utility Regulatory Act (*PURA') which prohibits municipalities and municipal electric sysums from going into competition with investor-owned telephone communication utilities by prohibiting them from obtaining a certificate of convenience and necessity for telecommunication services. • Congress passed the Telecommunications Act in 1996 which prohibited all barriers to competition. The PURA provision is anticompetitive, and also appears to be direedy contrary to the prohibition against the barriers to competition contained in the federal Telecommunications ' Act. Repeal of ¢3.251(d) would allow Denton and other cities around the State which have fiber optic _ • system capabilities to compete with local exchange telephone carriers. Deregulation of the • • r telecommunication industry by State and Federal laws has not resulted in competition is cities J in non urban areas. If Denton and other cities were allowed to compete, reduction in the cost of telecommunication services to the citizens and promotion of economic development could occur. De&-aged to Q,w1RY Snvkc' t • TML Resolution - 43.251(d) of the Public Utility Regulatory Act September 2, 1997 Page 2 The TML constitution states that resolutions for consideration at the Amtual Conference must be submitted forty-five (45) calendar days prior to the fast day of the conference. The deadline for receipt of these items by TML is September 15, and Council approval of the resolution is necessary to mea that date. 7tue Annual Conference is scheduled for October 31 through November 2 in Fort Worth. { PROGRAMC DEE RTl4 EM OR GROUPS AFFECTEM Electric Utility Department and citizens of Denton FISCAL IMPACT: I { Increased revenues Please advise if I can provide further information. RESPECTFULLY SUBMITTED: Ted &-nav ides City Manager I ' Prepared by: ty W ill' f Assistant to the City Manager / Attachments: 1. Resolution • AMM00AE3 - • • . , ~ air r ~ , , s r, - , • • RESOLUTION No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION REGARDING THE REPEAL OF §3.25l(d) OF THE PUBLIC UTILITY REGULATORY ACT TO ALLOW CITIES TO COMPETE AGAINST LOCAL EXCHANGE TELEPHONE CARRIERS IN COMMUNITIES WHERE THE QUALITY, RVICES ARE INADEQUATE; AND PROVIDING AN EFFECTIVE DT TEOMMUNICATION S WHEREAS, the Texas Municipal League holds an annaa] conference to discuss matters of importance to local governing bodies around the State; and WHEREAS, tho Annual Conferme is scheduled for October 29 - November 1, 1997 in Fort Worth; and WHEREAS, the Texas legislature in 1995 enacted §3.251(d) of the Public Utility Regulatory Act ("PURA") which protubited municipalities or municipal ekaric systems from competing with investor-owned telephone communication utilities by prolrbiting cities from obtaining certificates of convenience and necessity to provide telecommunication services, and WI EREAS, the City of Denton and other cities around the State have &a optic system capabilities which would promote economic development and reduce the cost of tekoommunica6m services to citizens and customers if such cities were alkwed to compete with local exchange ta'ep tamers; and WHEREAS, deregulation of the teleconununiation industry by State and Federal lam have not resulted in competition in cities in ran urban areKs which results in local excange telephone carriers having no incentive to install state of the art fiber optic systems to entice ecormk development and improve the quality, selection and cost effective pricing of telecorrununication services to the current customer base; and WHEREAS, §3.251(d) of PURA conflicts with the Telxatnwnic:tiom Act passed by Congress in 1996 which prohibits all barriers to competition; NOW THEREFORE, i THE COUNCIL OF TILE CITY OF DENTON HEREBY RESOLVES: E T N .'T'hat the Texas Municipal League consider sponsoring legislation which would repeal §3 25I(d) of the Public Utility Regulatory Act so that cities will have the option to compete with • local exchange telephone carriers who do not provide the level of teietonmurucation services desired • • by prospective and current industry and residential customers in non urban Texas communities. SECTION II. That the City Manager is authaittd to forward a copy of this resokntim to W. Frank Sturz], Exectrtive Director of the Texas Municipal league k: r r ~.......w.r,.m:6FDrY.v LW v .~..-u,......~cu yv.~irw.. .j &):CnON 11. That this resolution shag become effective upon its passage and approval. PASSED AND APPROVED this the day of 1091. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: c.' f 5 P A CF ' r ~a ~ 1: ~ F 'lt { • t`s np,~t.. "~~i~ n~{ tip. `r h jt kti~*f rl,'V~f~~wr X15 i. v rl.2 ~i'•. -77 • f , { far s T 13 ( A~ r~k ♦1 .A•ijlutFli.~i' • Ape,ida tic __1l_ 037 afa 0 A~Enda . fee t)ate__ CITY OF CENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817) 566. 307 Ofice of the City AUWget CI'T'Y COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: September 2, 1997 SUBJECT: Resolution of the City of Denton City Council Requesting the Texas Municipal League to Sponsor Legislation Amending the Texas Open Meetings Act and the Texas Public Information Act to Allow City Councils of Cities Owning and Operating Their Own Electric Utilities to Negotiate and Discuss Power Sales and Other Contracu in Executive Session and to Withhold those Contracts or Portions of Contracts Where to Divulge this Information would be Detrimental to the Negotiating Position of the City Rt COWNIENDATION: Staff recommends adoption of this resolution. SUl<TtitARYI BACKGROUND: The resolution requests that TML sponsor legislation to amend both the Texas Open Meetings Act and the Texas Public Information Act to allow a municipality which owns its own electric utility to negotiate and discuss the sale of power in a closed meeting and to keep any records r associated with the negotiation of the power sales contract confidential, If legislation is enacted to deregulate electric utilities, municipally owned utilities will be at a disadvantage over the investorowred utilities (IOUs) in trying to negotiate and sell power due to the requirements of the Texas Open Meetings Act and the Texas Public Information Act. The • discussions of competitive strategies, the analysis of proposed bids for the sale or purchase of electrical power by a municipal electric utility, including the arte!ysis of proposals to sell power and the award and approval of those contracts, must be uttimalely done in an open session of the City Council and the Public Utilities Board. Any member of an IOU who attends the 'Dedwxed to Quah:y Servlu" i • TML Resolution - Power Saks Contract September 2, 1997 Page 2 meetings would learn negotiation strategy and position of the municipally-owned utilities and use that to their competitive advantage. The TML constitution states that resolutions for consideration at the Annual Conference must be submitted forty-five (45) calendar days prior to the first day of the conferee , 71e deadline for receipt of these items by TML is September 15, and Council approval of the resolution is necessary to meet that date. The Annual Conference is scheduled for October 31 through November 2 in Fort Worth. PROGRAMS, DEPARTMENT, OR GROITPS A-FH=n: Denton Electric Utilities and Denton Ratepayers FISCAL IMPACT: Electric Utility costs for service and revenues Please advise if I can provide further information. RESPECTFULLY SUBMITTED: Ted Beruvides City Manager • Prepared by: y Wil >ams Assistant to the City Manager _ J Attachments: 1. Resolution AN04WAFA . • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION TO AMEND THE OPEN MEETINGS AND THE OPEN RECORDS ACTS TO ALLOW CITY COUNCILS OF CITIES OWNING AND OPERATING THEIR OWN ELECTRIC UTILITIES TO NEGOTI- ATE AND DISCUSS POWER SALES AND OTHER CONTRACTS IN EXECUTIVE SES- SIONS AND TO WITHHOLD THOSE CONTRACTS OR PORTIONS OF CONTRACTS WHERE TO DIVULGE THIS INFORMATION WOULD BE DETRIMENTAL TO THE NE- GOTIATING POSITION OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League holds an annual conference to discuss matters of importance to local governing bodies aroautd the State; and WHEREAS, the Annual Conference is scheduled for October 29 - November 1, 1997 in Fort Worth; and WIfEREAS, during the last session of the Texas Legislature, several bills which would have deregulated the electric industry and have required municipally-owned electric utilities to compete directly against all other types of electric utilities, including investor-owned utilities were introduced, but failed to pass; and WHEREAS, the Governor has appointed a committee which is now studying the whole subject of electric utility deregulation; and WHEREAS, the next session of the Legislature, which meets in 1999, is expected to pass sonic sort of deregulation legislation which could require municipally-owned electric utilities to compete directly with investor-)wr►ed electric utilities, and which could open up all municipal service areas, which previously have been protected under the law or under certificates of con- venience and necessity, to the right of each retail customer to choose their own electric provider, and WHEREAS, investor-owned utilities are not required to hold their meetings or discus- lions concerning their power sales and other electric contracts in public, nor are their contracts generally subject to being disclosed to the general public; and ! - WHEREAS, municipalities who own their own electric utilities are required to hold dis- cussions and negotiations concerning electric power sales contracts and other contracts in public A and these contracts are subject to public disclosure through TEX. LOC. GOVT CODE ch. 552, - • • the Public Information Act; and WHEREAS, in the event of deregulation which provides direct competition between mu- nicipally-owned and i ivestor-owned utilities, municipally-owried electric utilities would be at a great disadvantage over investor-owned utilities %bo would be able to determine the negotiation ..w tar„ • ' strategy and position of the municipally -owned utilities and to use that to their competitive ad- vantage; NOW, THEREFORE, t• THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City Council requests the Texas Municipal League to sponsor leg- 'EX. LOC. GOVT CODE ch. 5 5 1, the Tex O en Meetings A cd islation which woulc' amend leg- to authorize a municipality wh ich owns an electric utility to discuss its power other electrical contracts, Including pie and Other negotiating pos uon oaf the mu f discuss this in an open meeting wculd m nicipality with a third party. O 1 . That the City Council requests the Texas Municipal League to sponsor legislation which would amend TEX. LOC. GOVT CODE ch. S52, the Public ~Inf formation, which would create an exception to disclosure in the event of a public request sales for i other Lion, ekc where to divulge the contents of all or a portion of the municipaliiry of the municipality in a third trical contracts would detrimentally affect the negotiating positio part'. ff,(,- ONIL[. That the City Manager is authorized to forward a copy of this resolution to Mr. Frank Stunt, Executive Director of the Texas Municipal League. U,QBDNjV. That this resolution shall bec% wc effective immediately upon its passage and approval. day of _ 1997. PASSED AND APPROVED this the JACK MILLER, MAYOR A'i"lEST: E • JENNIFER WALTERS, CITY SECRETARY iii r BY: - i, • ~ APPROVED AS TO LEGAL FORM: • • HERBERT L. PROUTY, CITY ATTORNEY J - ~ ---~j---' BY:-/ Page 2 • • Agenda No. 9 Agenda Item . Date C1rY OF DENrON, TEXAS MUN1CiPAt BUILDING • DENTON, TEXAS 76201 , TELEPHONE (W) 566-8307 Alice of ft City Manager i ~I CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: September 2, 1997 SUBJECT: Resolution of the City of Denton City Council Requesting the Texas Municipal League to Sponsor Legislation Amending Texas Local Government Code to Allow All Cities Under 100,000 Population to Solicit Insurance Bids Through Competitive Scaled Proposal fnstead of Competitive Bidding RECOMMENDATION: Staff recommends adoption of this resolution. SUMMARYlBACKGROUND: i The resolution requests that TML sponsor Icgislation amending Tex, Loc. Gov't Code 1252.021 (b) and (c) into a new (b) which would allow a municipality to use the compcddve sealed proposal for the purchase of insurance. The current section of the Local Government Code prohibits Denton and all Texas cities under 1110,000 population from soliciting insurance bids through competitive sealed proposals. The selection of insurance is usually a highly oompkx • process which involves not only a consideration of price, but a consideration of ocher ekmmts, including quality of service, the benefits involved, the facilities and resources made available, and many other factors which are unrelated to price, This is true, regardless of the size of the city. The competitive sealed proposal process has several advantages over the competitive sealed j bidding process. The competitive sealed bidding requirement requires that the contract be awarded to the lowest responsible bidder. However, the competitive sealed proposal requirement allows a contract to be awarded to the responsible offeror whose proposal is determined to be • • the most advantageous to the municipality. This allows a city to consider the relative importance of price and other evaluation factors included in the request for proposals. I 'Dedxaltl w (<luafu7 Strrice" e' Mobs • 1 TML Resolution - Solicit Insurance Bids September 2, 1997 Page 2 The TML constitution states that resolutions for consideration at the Annual Conference must be submitted forty-five (45) calendar days prior to the first day of the conference. The deadline for recent of these items by TML is September 15, and Council approval of the resolution is necessary to meet that date, Tine Annual Conference is scheduled for October 31 through November 2 in Fort Worth. PROGRAMS DEPA>RTMIDa, OR GROUPS AFFECTM All insurance ooverage including health and liability insurance, all city departments, and all city employees FISCAL MACT: Final cost of all insurance coverage Pkase advise if I can provide further information. ROPECYFULLY SUBMrrMD: Ted Benavidcs City Manager Prepared by: • rBetty w : Assistant tolhe City Manager Attachments: I. Resolution • ArrotooAM • c • • . f RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING ` THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION TO AMEND THE 'T'EXAS LOCAL GOVERNMENT CODE TO ALLOW ALL CITIES UNDER 100,000 POPU- LATION TO SOLICIT INSURANCE BIDS THROUGH COMPETITIVE SEALED PROPOS- ALS INSTEAD OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League holds an annual conference to discuss matters of importance to local governing i»dies around the State; and WHEREAS, the Annual conference is scheluled for October 29 - November 1, 1997 in Fort Worth; and WHEREAS, TEX. LOC. GOVT CODE §252.021(b) requires a municipality with a population of less than 100,000 w utilize the competitive sealed bidding process before entering into a contract for insurance wlt ch requires any expenditure of more than $5,000 from one or more municipal funds; and WHEREAS, TEX. LOC. GOV'T CODE §252.021(c) allows a municipality over 100,000 to use the competitive sealed per posal procedure for the purchase of insurance; and WHEREAS, the purchn;e of insurance today is a complex process involving many tech- nical factors other than price sued a competitive sealed proposal process allows the municipality to consider the relative import rice of price and other evaluation factors included in the request for proposals other than just Irice alone, and it would be of extreme public benefit if cities with populations under 100,000 were allowed to purchase insurance through the competitive sealed proposal process rather than through the competitive sealed bidding process; NOW, THERE- FORE, THE COUNCIL OF THE Cl [Y OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the City Council requests the Texas Municipal League to sponsor leg- islation which would amend TEX. LOC. GOV'T CODE §252.021 to allow all cities to have the f option of purchasing insurance through the competitive sealed proposal process. / SECTION 11, That the City Manager is authorized to forward a copy of this resolution to Mr. Frank Stunt, Executive Director of the Texas Municipal League. • SECTION Ill. That this resolution shall become effective immediately upon its passage ! • and approval. , t 1n~Y+-.wJ A. i. PASSED AND APPROVED this the day Of 'I997. JACK MILLER, MAYOR - ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: } Page 2 ~S • `r~i4~ 1 11''f.. -y1 } t r i:: r G ~ 'n `+~Y ~t•~~ w a S fY_~S.t~~~~..~}v~ • Agenda Ho. ! L 7 Agenda item Date _d+l- 7 Cmr of DENMo 7YXA$ MUM)C1PAL BUILDING • 215 E WK1NNEY • DENTON, TEXAS 76201 (817) $66-8200 • DFW METRO 434.2529 CITY COUNCIL REPORT t TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: September 2, 1997 SUBJECT: Resolution of the City of Denton City Council Requesting the Texas Municipal League to Participate in the S"te Interim Committee on Electric Utility Restructuring to Protect Municipal Revenues Collected from Franchise/Street Rental Fees and Property Taxes RECOMMENDATION: ` Staff recommends adoption of this resolution. UMMA Y/BACKGROUND; ffffl t Lt, Governor Bullock has appointed seven senators to sere on the Senate Interim Committee on Electric Utility Restructuring. This Committee is charged with exploring issues such as stranded costs and how' those will be recovered, future dates for the • possible opening of a restructured marketplace, potential rate reductions, customer safeguards, and development of renewable energy sources. The Committee is to submit its report by October 1, 1498, to the Texas Legislature. The report is to include legislative recommendations for the 1449 Session. The attached resolution requests that the Texas Legislature's Senate Interim Commitbx on Electric Utility Restructuring consider and protect those revenues cities receive from • franchise/street rental fees and property tares. When the electric industry is deregulated, municipalities will experience a decrease of revenues from these two sources. Because customers will be permitted to purchase power from sources outside city limits, "Drdicarrd to Quality Senicr" 'T TT VTW • franchise/rental fees, as a percentage of utility revenues, will decrease as purchases outside the city increase, Private utilities will also write down non-competitive generation in an attempt to accelerate depreciation. Those write downs will cause property values to decrease, along with taxes derived from those properties. The IML Con-44itution states that resolutions for consideration at the Annual Conference must be submitted forty-five (45) calendar days prior to the first day of the conference. The deadline for receipt of these items by TML is September 15, and Council approval of the resolution is necessary to meet that data T"ae Annual Conference is scheduled for October 31 through November 2 in Fort Wo; th. PROGRAMS DEPARTMENT. OR GROUPS AFFECTED: The City of Denton aid its citizens. EISSCAL IMPACT Lost revenues could exceed 2,5 million dollars. Please advise if 1 can provide further information. RESPECTFULLY SUBMITTED: Ted Benavides City Manager ! E, Prepared by: 1 ! • • try W liams Assistant to the City Manager Attachments: 1. Resolution r~ t, TIM • • .r RESOLUTION NO. A RESOLUTION ENCOURAGING T1 1E SENATE INTERIM COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING TO PROTECT MUNICIPAL REVENUES COLLECTED FROM FRANCHISE FEES AND PROPERTY TAXES WHEN DEREGULATING THE ELECTRIC UTILITY INDUSTRY; AND PROVIDING AN EFFECTIVE DATE. WIIEREAS, municipalities own, ar quire, and maintain the rights-of-way, which are held in trust for the citizens of each city, according to the laws and Constitution of the State of Texas; WHEREAS, municipalities rely on franchiser'strect rental fees, based on a percentage of gross receipts, from utilities to fund streets and services used by those utilities; WHEREAS, revenues from these fees will decrease when the electric industry is deregulated and customers begin purchasing their energy from entities located outside their city limits; WHEREAS, the City of Denton collectsjust over 2.5 million dollars from such fees; WHEREAS, municipalities collect taxes from property owners based on the value of that property; WHEREAS, when deregulation of the electric industry occurs, utilities with relatively new but non-competitive generation facilities will write down the value of their plants, accelerate depreciation and thus reduce city tax revenues from such property; • WHEREAS, municipalities derive a very necessary portion of their revenues from _ • • franchise fees and property taxes; y: THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. The City of Denton asks the Texas Legislature to preserve. W'der any electric industry deregulation scenario, the rights of the citizens and taxpayers 9( the State of Texas as held iu trust by Texas cities by protecting the way in which cities brtve been compensated through franchise fees and property taxes. SEO To accomplish these goals, the City of Denton is working with statewide organizations such as the Texas Municipal League and the Texas Public Power Association. The City of Denton and these groups desire to participate in this interim study to present the perspective of cities and their citizens and to work to achieve these common goals during the next legislative session. CTIO 3. That the City Manager is authorized to forward a copy of this resolution to Frank Stunt, Executive Director of the Texas Municipal League. . "SECTION 4 That this resolution shall beconx effective upon its passage and approval. PASSED AND APPROVED TI [IS DAY OF 1"7• JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY a BY: APPROVED AS TO LEGAL FORM: i • HERBERT L. PROUTY, C11 Y ATTORNEY • r BY; (r A. • % l , Apeoda No. 39 Agenda he its, CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Kathy OuBose, Executive Director of Finance j DATE: September 2, 1997 , SUBJECT: Budget for Denco Area 911 RECOMMENDATION Staff recommends Council approval of Denco Area 9.1-1 District Budget for the 1997.98 fiscal year. ` SUMMARY; The budget allows the District to most its goals at the some service fee rate as currently collected. The budget represents the beginning of the replacement of their 911 system before the existing system enters a state where it Is no longer dependable and it also provides for payments on a permanent facility with a small, short term mortgage. pg9,011AIAI. 2EPARTMENTS OR GROUP AFFECTED Public Safety and citizens are affected by the Denco Area 9.1-1 District. FECAL IMPACT: • No fiscal Impact on City of Denton. a 1 .1 • eP_r t{~ .~~e ~tiF.'vlui1442 L'*l._a:.~(~t~s #R~ S `k'"f ~'1 ♦ 1i r~ Respectfully submitted: Ted Senavides City Manager Prepared by: i d ,L(Q,,,c"~1, Executive Secret y Approved by: Kath se Executive Director of Flnence i . -)y~~r rr` ~r~tra r~l3 t~ klGYYi>I f,.~ ~ ~ ' J ~ ~4 ii~~l ~ ~ )),~r~e y~ , Y~ jL~yir ♦~,[.~1st d~~*~A°#~'1~yk ~ • 1'~i • _ _ _ Y ~ 1'+a,~c b~~'.: ~iL"4~1~y,~«~~~'~'E~~ ~~7lS~~L*3~'~•7r~~Tf ~S4 ~~"~'~'1~ • r RESOLUTION NO. A RESOLUTION APPROVING THE FISCAL YEAR 1996 FINANCIAL PLAN OF THE DENCO AREA 9.1.1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 772, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE- WHEREAS, the City Council of the City of Denton has been pmwnted the fi" year 199S Financial Plan of the Demo Area 9-1-1 District for approval, in Lccorda= with Texas Health dt Srfety Code 4772.309, as amended-, Now, THEREFORE, THE COUNCIL OF THE CITY OF DEMON, TEXAS HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denbo hereby approves the fiscal year 1998 Fiuncial Plan of the Denco Area 9.1-1 District SECTION H. That this resolution shall become effective immediately upon its passage Lod approval. PASSED AND APPROVED this the _ day of .1907. JACK MILLER, MAYOR ATTEST: JENMFER We! LI.ERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ile X4& le i , • • DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 1998 FINAN'C'IAL PLAN SECTION 5 FISCAL YEAR 1998 PLAN Schedule 1: Summary of Anticipated Revenues and Proposed Expenditures • Schedule 2: Anticipated Revenues Schedule 3: Proposed Expenditures e Schedule 4: Fund Balance Projections • • • • SCHEDULE1 AMENDED DENCO AREA 911 DISTRICT FINANCIAL PLAN 4 f A •.V~ /V IYVIpa{~{i x..;a ~ x. t``.~:s BEGINNING OF YEAR FUND BALANCE $215,461 $215,461 $427,069 $211,608 ANTICIPATED REVENUES 9.1-1 Senke Fee Revenue 31,196,878 $1,221,339 $1,362,367 $165,489 Interest Revenue $16,300 $16,902 $40,063 $23,763 Miscellaneous Revenue (Expense) so (5400) s0 $0 Contractual Services $82,494 $82,494 $90,921 $8,427 Proceeds From Debt Issue $400.000 1378.499 S1 000 000 56M00 TOTAL ANTICIPATED REVENUES $1,695,672 $1,695,335 $2,493,381 $797,679 PROPOSED EXPENDITURES Personnel $339,602 $333,370 $353,533 $13,931 Operations $117,570 $105,218 5119,215 $1,645 Direct Services $363,642 $344,936 $431,818 $68,156 Ce; ital Expenditures $856,955 b_ ' 3,219 $28,786 (5830,169) Debt Service $41,933 $38,108 $317,505 $275,572 PSAP Equipment ROacernenWpgrades mm 510.876 51.544, 11.543.724 TOTAL PROPOSED EXPENDITURES $1,356,693 $1,433,727 $2,783,887 $1,232,259 • ' REVENUES OVER EXPENDITURES $139,074 $211,608 ($295,6661 ($4x4,630) END OF YEAR FUND BALANCE LULM 1427AGi 11II3.l143 ($212.112) • ! Note: Stated Fund Balance does not Include Investment In Fixed Assets. • • it reflects available cash to meet budgeted needs, Fund Balance includes both designated and non-designated funds. I . 1 ` • .r+..-..,,.~_ • rye' SCHEDULE2 DENCO AREA 911 DISTRICT FINANCIAL PLAN may. P<~' ~um ~,~y~• Y ^ 'XX G ' i SERVICE FEE REVENUE GTE $675,700 35.12% Southwestern 80 $168,889 6,37% Sprint $27,204 1.09% Century $30,839 114% W recess $272,250 10,92% Tekphone Company Administrative Cost (:21,853) -088% Uneo5edwe ($1,4,39) •0.06% Telephone Company Adjustments $0 0.00% Private Switch Service Fees $5,100 0.20% Prvate SAch Admtnlshative Casts (5102) -0.00% Job Cost Revenue S19 82Q 0 53X TOTAL NET SERVICE FEE REVENUE $1,367,367 64.84% NON SERVICE FEE REVENUE Interest Revenue $40,063 1.61 % Miscellaneous Revenue (Expenses) 50 0.00% Contractual Serv!cea $90,921 3.65% Proceeds from Debt Issue 11.009.000 40.11X TOTAL NON SERVICE FEE REVENUE $1,130,184 46.34% TOTAL REVENUE $2.413 381 100.00% ' r - _ .y*!s•y ! r •1.j Y ,'iT aFy4 e SCHEDULES DENCO AREA 911 DISTRICT FINANCIAL PLAN Pit ~Ni >n x ±.rot, j S '.~j "yF e.. t y e 7r'. r ,yg,.1 ."rte 4 i'' r n: h l ~K~y+~ °.ra k. B PERSONNEL EXPENDITURES ssiod" $287,950 1033% 8000% $65,083 2,33% OOW Personnel Senrkes Koo 0.92% TOTAL $353,633 12.69% OPERATIONS EXPENDITURES Cotmwn ubons two t $14,064 0,51% P" $1,717 0.08% Posmows We $2,779 0.10% SL*on 58,650 024% Professbnal SaMeet Ls" SwVt*s $9,000 032% ~crov,ba soroc" 30 0.00% A„ ar $3,000 0.11% OMOpT*,t $7,450 0,27% otwv p„aaew 38µn$ $12, 9 DO 0,46% Me Spacelhlaimenarwx $20,028 2.06% MembershipatSubsceipbon s u.mbwbvq $940 0.03% "Wavo" $661 0.03% Advert" $700 0.^.3'w Vs Loance $7, 506 02757, TravOMA Ao Tr" $16,400 0,66% Auro Akwinu $11100 Q A1% TOTAL $119,21$ 4.27% DIRECT SERVICE EXPENDITURES PSAP Equlperart ar.1 Service $360,712 13,65% PubrK Education $22,360 060% Trainlnq $12,900 0.46% • Prtvata Switch 911 $IS 625 Q.m TOTAL $431,119 15.49% CAPITAL EXPENDITURES ' Land s0 0.00% Bred„ ,0 $5,000 018% Fun iture and Fbdures $2,200 0.06% EqulpnrOrri SID u1% • TOTAL $2617N o,M% • • DEBT SERVICE EXPENDITURES t3A&V Oeb1 $65,955 3.06% P$AP Eq*mwlt DOW 1211 SS0 as% TOTAL $317,909 11 31% PSAP EQUIPMENT EXPENDITURES Equfpnwlnt & Nstwo,* ROpiacemant 21$40 99A TOTAL 81,Wlooo $112% TOTAL EXPENDITURES $1 tq 157 r ri~uA~rr/~~lYY7 .e.~yJntlart ~`'°f-'r 'lC '1 1 SCHEDULE 4 DENCO AREA 911 DISTRICT FINANCIAL PLAN M-19- Wl BEGINNING FUND BALANCE I $216,481 $427,099; $131,563, $2".039 5342,882 5603238 REVENUES Net Service Fee Revenue 499 rowth $1,221,339 $1,362.3a71 $1,416,882 $1,473,536 51,532,478 $1,593,777 Interest Revenue $18.902 W.D53, ,578 11,00 17,144 525,1 IscelWomm Revenue enae i (54001 so so 30 Contrsctua+ ervkces Revenue 38 ,4~- S-b9 ,9Ft l 50.000 OOC$50.000 Proceeds From Debt Issue nomm, w t0 u TOTAL REVENUE •1,896,335 $2,403,761 $1,477,440 51,834,83! $1,849,622 $1,468,939 EXPENSES - _S353.W, 83 ersontsel 3333,3 371,1 71 1 X614' Operatans 1 5,218 11 ,215 125,111 St ,274 13 ,162 140,538 ~ueU Services 344,6 11 1 5303, 506,997 $510,210 -3-.R Y ap;tal Expand4Nres 3653,2 1 326,766 17, 517, 17,200 17, Nbt Sem" 338,1 17, 17, 1 17,505 39 33 -P-SAP Equipment TOTAL EXPENSES $1,483,727 $2,788,367, $1,394,964 $1,411,696 $1,439,496 $1,447,011 i~EVENUES OVER EXPENSES 6211 eab cs496 boel $99,476 $122,847 $160,356 $221,928 ENDING FUND BALANCE M MM i1d136 92lun L142M . tsn 1Z244m 1 • 1 , • Y if , , w ¢ wA^i'fy, G .i~~ V,~;' LRf. y, k.ltr-'~?~~j a T , Mv • Agenda No. Agenda Item Date_ " OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Michael S. Copeland, Assistant City Attorney SUBJECT: Consideratiun 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 DATE: August 28, 1997 The City Attorney'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. Th: 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 fifteen 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 fifteen-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 Utilities Department, expects to enter into negotiations with TU for a comprehensive franchise agreement, not merely a street rental agreement, in the next few months, during the term of the extension. We will attempt to achieve an agreement as advantageous as possible for the citizens 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 -.ity, and not merely a source of street rental reve- nue, but is a serious competitor to the Denton Municipal Electric Utility. 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. i ~..`~':~..~►C.a~CC+77~?zSISXLT,Ct3n'FAi2L1t214.'!4 ~}~y/.. ":'-1 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 might have on this matter at that time, A ichael S. Co land MSC:sf cc: Ted Benavides, City Manager Robert E. Nelson, Executive Director for Utilities Kathy DuBosa, Executive Director of Finance Sharon Mays, Directorof Electric Utilities Jennifer Walters, City Secretary • ' J s ,r E OXSICMTU STREET RENTAL WEW • l • • .....a + _I.. ♦ 'r'i ~~rF,' , ~.;,'VM,b 1 iTr 1~ CL i .~.'~ti~l,%~i, ti'~'a 1~, ' f~~ , • • co.nu,n.. u,.+Lrn~. ORDINANCE NO. AN ORDINANCE AUTHORIZING T14E MAYOR TO EXECUTE A SECOND AMENDMENT TO TILE 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 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 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-ways within the City for that purpose under the terms of an Agreement, approved by Or&amc 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, TI IE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the Mayor is hereby authorized to execute Amendment Number Two to the Agreement betr,een the City of Denton and Texas Utilities Electric Company for the use of City streets, which is; itached hereto as an Exhibit "A" and incorporated by reference herein. SE T~ i0N-ll. 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 tt: time, place, and purpose of said meetings was given as required by law. SECTION 111. That the City Secretary is hereby directed to affix a copy orthis ordinance to Ordinance Number 97.186 and inscribe thereon the notation that the Agreement has been amended a second time with the adoption of this ordinance. SECTION IV. That this ordinance shall take effect immediately from and after its pr-cage, publication, and acceptance by Company in accordance with the provisions of the t' • er of the City of Denton, and is accordingly so ordained. • • SEMQNA. That Company shall, within twenty-one (21) days after the passage of this ordinance, rile in the office of the City Secretary of the City of Denton, Texas a written instrument signed and acknowledged by a duly authorized officer, in substantially the following form: 3 • r C i e-.-, r:~i;a ~3~?asic;s::a~~zilfl.,N.M*r.?RaKr4cit~t~4arrt~rrr~xwvrs~...FN~wes-.eaa+►w.M[n~#~r -i i i r. +i (a) To the Norarabk Mayor and City Council of the city of Denton: ~t The Grariee, Texas Utilities EhGric Company, acting by and through the 1 undersigned authorized officer, hereby accepts Ordinance No. extending the term ofthe existing Agreement with the city of Denton r; TEXAS LMLMES ELECTRIC COMPANY By Senior Vice President } ATTEST: } Secretary f• Executed this the day of 1997- 1 i (b) The acceptance strata be duly acknowledged by the person executing the same. In the event the acceptance is rat bled within the twenty-one (21) day period I this ordinance and the rights and privileges hereby granted shall tamsnate and become null and void. ; (c) The City Secretuuy shall cause a notice of the passage of this vi .rnce fairly stating the substance hereof to be published one each week for two r c - neadive weeks in the official newspaper of the City of Denton, Texas. The Co. ,,,any shall pay the costs of publication of such notices. ' PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR ✓ ATTEST: - , • JENNIFER WALTERS, CITY SECRETARY ` . • BY: PAGE 2'. • i ~ ~ .~Ji ~ J. \ ~ ~ ie+i~Y~ei}lr'~s~.t!~ • w r. - I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY fly: The City of Denton, Texas, acting herein by its duly constituted authorities, hereby declares the foregoing Ordinance passed on first reading on the day of 1997, and finally effective as of the day of 11997, Jack Miller, Mayor Euline Brock, Council Member Roni Beasley, Council Member Mke Cochran, Council Member Neil Duffance, Council Member Sandy Kristoferaoe, Council Member Carl G. Young, Sr., Council Member The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the day of 1997, at a regular session of the City Council. lack Miller, Mayor, voting 0 Euline Brock, Council Member, voting Roni Beasley, Council Member, voting Mike Cochran, Council Member, voting • Neil Durrance, Council Member, voting 0 a Sandy Kristoferson, Council Member, voting Carl G. Young, Sr,, Council Member, voting PAGES w . ._..:NV- s...:u.yap.,a4i.<•uraae.r....+ar..ww..w w......arrrr... ..._.._:.:r.~ r .E i `C The above and foregoing ordinance read, adopted on second reading and pa!.W by the following votes, this the day of 1997, at a regular session of the City Council. Jack Mitler, 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 DENTON § 1, Jennifer Walter, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Amendment Number Two to the Agreement Between the City of Denton and Texas Utilities Electric Company pertaining to wed 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 , 1997. i t Jennifer Walter, City Secretary 1 (SEAL) i! PAGE 1 ^ ' c1. 4i. f. ~ ~ • y ~ f k ~,f., '1,~ 2~, ~ S '.J t ! '1~ tr ~"~i. IM 4W 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 under 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 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 one-year r period; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 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, 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 acccptcd by Company shall amain in full force and effect. h EXHIBIT "A" 1*7 z • X, ~7 r k i ♦ i r -..i... <}:Y'll\:\\Yn'JimJ[,. wa+u,~.4•~.i.. rn~wW . ~w~.`-.~...~.. 4. 1 ♦ I j EXECUTED in duplicate original counterparts this the day of 1497. CITY OF DENTON, TEXAS JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L.IROUTY, CITY ATTORNEY BY: }L fit, f TEXAS UTILITIES ELECTRIC COMPANY BY- SENIOR VICE PRESIDENT 0 ATTEST: ° , 4r E:WXMTV STREET REMAL AWNDA@Tr f ~ - Page 2 r of s ~ t rY ~ ♦ _ , . 4v,43 No. 97'09 AWdi Item Data CITY OF DEAffft TEXAS MUNICIPAL BUILDING • DENTON, TEXAS =1 • TELEPHONE 817-566-8309 ar" of tlm city Secretary MEMORANDUM DATE: August 280 1997 TO: Mayor and Members of the City Council . FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacancies/nominations: Keep Denton Beautiful Board - Fred Patterson is unable to serve. This is a nomination for Council Member Cochran. Board of Adjustment - Rebecca King has moved to Corinth. This is an appointment for Council Member Beasley. If you require any further information, please let me know. Je for a are C Secre ry } ACCOOOF4 ti 'Ded"ed to Qraltty SRvW' 2&AN 1 Handout to COUROU - 0l10P/!~ Affordable Self Storage GFGF A TrWAw Inc. Company August 10, 1997 City of Denton: We own a self storage facility at 1029 Shady 081(3 Drive. We have thirteen 20x30 storage units at this facility. Due to the outrageous number of birds directly behind our facility, we have lost four of our renters. The smell is unbearable. Since all of these units are rented by small businesses from Benton, many of our renters spend a lot of time at their unite. We have had several complaints and questions about the hygiene problems of the bird droppings. Since we have no control of the property behind our facility we have been unable to provide a suitable answer to our renters, Thus, we have lost four of our monthly renters and we have been unable to rent these units for the past several months, Normally, these are 100% occupied and we have had a waiting list. We are losing $1,000 per month with the four units not rented. With the increase in our appraised value of our property at 1029 Shady Oaks, which means increased property taxes, we can not afford to lose business due to this "bird situation". We hope that you will look after the financial and health needs of your property tax payers. If this matter is not addressed and fixed in an expedient manner, it will put a financial hardship on our business and we may not be able to pay the near $20,000 in property tax thQt we did last year and potentially put our renters at risk for illness or disease. • We look forward to hearing a favorable response to our request. Regards, • 4 • • Jay Cassid John Cassid dy President SecretaryMeasurer 1239 W4ow Sp*W D+n Denton, TX 76205 • Plane: (940) 566.1013 • r Handout to Council - Of/Of/P7 Mildred Hawk DekM Meader Maryeaas Cisapba September0l, 1997 Re: Denton County Hiuarical Bridges To Be Rckcakd During the pan year the Stale of Texas has DWI" fur of our "M Hii"WAl Iraq W WS" avafe. Beenne the Swe will pay eigluy percem of thhe cost daoplacing than and the drat of soma m. happening a acre the County a be a A plus the cost of restoring than 'k war decided that two and maybe three will have to be replaced. The Green Bell Projed cad the Da14kora Projals need so build aftlioeat bridges . it is our dram sal InAard of basil q cement bridges in these pr tut tbey will move these Historic Iron Bridges b there dues to be steel for pedcoWN 1 equesi= bridges in the parka . Io this way they could accomplish their aunt but mote importut, they wand ptacM history for future geeanioos to lee, odic on and 09crieoa the bridges thst were bulk for horse and be&& a well IN model T Fords, which have reaaioed im ate this 1997. We have not heard the Had report Roo the corp denglasen abomt the Groenbelt puts, the timing stay be too We. We wAy still gel into the Dal- Boca projaL The Corp of Engineers tell its that the City of Denton has the phas for bah of these p+oj A& We wiu ask these b Id us cbeck for aren that these brill jet might be moved to. We moot have back up plans. These include the dty of Deetomr Pot and Recreation Dept., the city of Krum, and the Denica County Conhmmim Bridge number three, located jhnt outside of Krwt. could be relocated to their new park Bridge number twelve, located as Tan Cole Road jot west of the airport, awy be iooorpocasM in a ha= parts as Demtoo grows weft The county Cammisdonus are looking Into restoring bridles numbers elem and sevanaa for condoued are where they arc. The State of Texas Is going to comicam to declare these Historic iron Bridges un ak for modern day traffic, when this happens we must have a plan to rep to preserve them for the public .1 urge each member of td s City Council to inKrsct any department of this city whkh has xahwq coaerning bridges to do rerun Investigation into bridga which the State hu declared umk for road given prkrity .for use as egs>atraialpodea:aia use with in the city. We need to let our public oRtcids froo our CONGRESSMEN, REPRESDMVFS; STATE OFFICIALS, CITY COUNCQ, AND COUNTY COMMISSIONERS tow flat we don't wad these bridges to erd up as smv metal, or on some ranchers mach. EACH OF THEM HAS A SAY. CALL THEIA -I. THEM KNOW WE NEED TO SAVE ' THESE BRIDGES. THANK YOU, Mildred Hawk 614 Collins Strad Denim Taus 76201 Phwm: 940-366-0117 r Delores Meador 924 Manhulten Drive Denton, Twr 76201 E Phone, 930.387.3309 i ti ~~.r...•~..~ a: t' jti:f. ~-i•„' 12 .l-: y-,r1.ir ,~y.J ~i:{y ~ta~~~l y1' _ ~,t {~-7 `~7%,~:~, • • HISTORIC IRON BRIDGES OF DENTON COUNTY TEXAS ♦s.,~!, ~.r' . Hill CA Ell ATSKRESROAD(6U} Semied 6as1 of Ponder provides sera bet'aeM FM 156 and f t Vfts Carhtyarea, Tnebidpehasnov%s6ema*ingsorpla1e9 eecept'rebna try Sakrim 1974.' Span 640', width 21 (r i i CLEAR CREEK AT MCHOLSON ROAD (610) Binh by Ausfrl Brothers in 1907; currently provides sol to FM X><~ 2164 to the easL and b 1-33 by l Road to file weal. Span 1372'. width 122'. rail Ill MCKORY CREEK AT COPPER CANYON ROAD (015) LITTLE ELM AT TOM COLE ROAD (11 14) Tye portion d Tom Cob Road has been closed end the bridge Located on Hic" Crook N Copper CaoYorl Road. IY6 Just 111000 abordonad on pnvala property. of roVMape of Non My 1651 rid Dorton Carly 9mmindl>n. Bralt in 1584 by 14 Kxp Mon and Br16pe Mw%AwhAn Canpany of Cbv.Iard. Cl and ate da atom u the tau rWtwrlirp Prs1t Tnm Brklpe In Denton County. The Old Mw BAdpa was Ind uded n tte Neborml Re Wr d Kiaoric Plecse,,My 6, 1566. CLEAR CREEK AT WADE RGAO (611) Th s brdge provides servke Irom VA so Covdy to FM 2450 and o nort w*W Denton County. Sduated northwest of DdrVil It was ~OLI -~T~.. constructed n 1906 try Awil Broftrs Contrwi(" County OxmNssiom was J.M. Gary . Span 215•l'~ rill AT. HENRIETTA CREEK AT LITM ROAD (416) Looted west d Roanoke; provides sere l Grapev:he Lake to t-;6 end the trxtie m pa n of Is pant County l n 19M b y the Kip erldp brkJ Co. at a asst 61.760 l n otxx bridges curl ~ srX1'lyed, fro brklpa has abh supports across tlhe span 184© DE [ON COUNTY HISTORICAL CO'IISIISSION Is Locoed in the Counhou!e-On-The Square i 110 West Hickory k6CKORY CREEK AT TOM COLE ROAD 1012) 940-M5-8697 or I-SM3J6-3189 OENTONCREEKATCOUNTI' LINE ROAD(617) Tow bridge was built n 1910 by &l BtWws &idpe COrpany, This bridge is booted **slot SWAY. h'a on a le odor road Fnkxp Ths bridge is n good condw o and is on a feeder road to FM 156 photos by Afildrcd Hax k Old Stoney Road FM 2622 era US 3&7. The bridge a slated for The bridg+ s slated b be re.wvW 1 use. k s t1opW thil wig rerrloval. It Is hoped that this beautrfi5 bridge can be remcvod to be mm W downstream from Ls orlpnel locator and WSW as 1l the CenMal City Park in Denloh trail for hkirp and horstlx* ridrtp r / ?h" J 1, 7 i , • HISTORIC IRON BRIDGES HISTOFOCAL IRON BRIDGES 1 OF DENTON COV?M OF (mi) .tf n%t, . DENTON COUNTY ELM FORK OF TRINITY FIVER AT FA428 A 2 (CI) Iron bridge construction in Denton County during the SOUTH HICKORY CREEK r - 1880's took place within ti•,e context of the first dramatic AT DONALD ROAD f population increase and development boom in the coun- 3 (03) , try's history, These last two decades witnessed the estab- NORTH WE r CREEK : ry. AT PLAIJUHYIEW ROAD lishment of the Exchange National Bank (Denton's second (93) bank _ 1883), the Texas Normal College (1891), tha first CLEAR CREEK AT SAM y\ ff ' Denton City public free schoo' (1884), the first County BASS ROAD Fair, the first telephone facilities, and three major railroad s (CA) connections. Iron b>'dctcl construction went hand-in-glove MILAM CREEK AT , with these developments. The same local newspaper that GANZER ROAD 14*, catalogued these events reported an expenditure of a (83) $125,000 on bride construction and boasted that "a DUCKCREEKAT g SAM BASS ROAD C rTajorlty of these are made of iron,' The Iron bridge was 7 (A3) seen as a symbol of modernity, a badge of stature for the DUCK CREEK AT community and its growing economic and cultural for- GREGORY ROAD tunes. a (cs) ~ CLEAR CREEK AT °"'SY'; As an example of the county's commitment to the con• buetion of iron bridges, the 1883 Commissioner's Court RECTOR ROAD „ authorized the building of eight of these structures on the i (631 D DUCK CREEK AT " county's major transportation arteries. The fact that the BELZROAD commissioners authorized the appropriation of $10,000 10 (CAI) from the county's Permanent School Fund to finance their CLEAR CREEK AT construction underscored the importance with which they KICHOLSON ROAD were held. A number of referendum elections were 11 (92) ordered between 1880 and 1895 to determine the expen• CLEAR CREEK AT E t WADE ROAD ditures of public money on Iron bridges. Approximately a - score of iron bridges, many of the Pratt Truss type, were 12 (D3) bulls in Denton County by 1910. NCKORYCREEK ►T TOM COLE ROAD The construction and financing of the Iron Pratt-Truss 13 (03) bridge at Alton was approved by the Commissioner's HICKORY CREEK Court of Denton County on August 20, 1884. Apparently, ATSKR.ESROAD IC _ the bridge was to be built at another place, but the Court a Y-+•1~ confirmed its decision on the Alton site in its August min- LITTLE ELM AT TOM COLE ROAD ules. The bridge had probably been under construction • for a number of months prior to this, because the 1s (E31 HKIKORY CREEK AT ,i ~ ,eptember 22, 1884 Court minutes described the com- COPPER CANYONROAD rnissioner's inspection and approval of the completed is (0.T) a x+~c bridge. The contract for the Alton bridge was awarded to HENRW"A CREEK Q ;I the King Iron Bridge and Manufacturing Company of ATL"SEYROAD Cleveland, Ohio. This company was responsible for 17 (01) 1-- • almost all iron bridge construction in Denton County DENTONCREEK AT TARRAMT CC • • during the 19th century. COUNTY LWE Row In early 1996, the State of Texas declared bridges 03, oil, #12, and #17 unsafe. The Stale will put these bridges on state funding, paying most of the cost of their replacement. It Is hoped that all these bridges can be saved or moved for limited use and enjoyment of future generations. It is hoped that #3 can be moved to Krum for their new park, that k11 will be maintained at its present location, [hat #12 can be bypassed or moved over on the same creak and used for pedestrian/equestdan use, • 1 ~a.-_a~._ Iu~L..1 ilY• mid I ;WSW s • i 2 V 3 V 4 V 5 V 6 7 8 DENTON COUNTY • My II R~ i~V ~.,.ry 'r A MAY RWRTi . r?y'. A COOKS COUNTY IAJI 0001(E COUNTY GRAYSON COUNTY S Y. ' • ~l'r• 1 r ui • 1•NHIp~ -r . wi c 1 ]1e`~•'o«~~r f' sl Y' f f I n ~1 f = ~ ~ r~- _i---_'f- r•Iw H' , 1 m n iAr RO/iirJ i.It .I•' .1 Irw. 1 I O 1 t Mr• ! r ~°s 71•r+ • itkl w,..l j ew. ~t! , O ~,K w~cw .I l ( aa~ jn J V A e...w. I 777 V'V'V' lll~~~~~~ 1 f ~•T JTF r n.l r.. ro t ....n 1i ~nl •..d •,.....•1.gg 'i" rw1. al J w^r• ! 1 2 ~i .K..• . Ir \ , r f ~I l~J 1 w. r °.r . M1K 1 f- ~It#~ >i f f J QSY " I O w • M t I• • iD • •w w•cnra. „ 1 IT,_ 3 L `•;',w III ' Ir1~~ c•w{{+ w I J ' 1 nl c r t r Z 1 ~'t 4 f 3~~'.°1-k a i•-~ `1 `'~}jlf il~t?~O_ r pugit. . rl. ` - .v. w. :.r • ~fi ' ~ err r~ . f f ~ [ ~ ail-- D L`i • ent 1 1 • i 11 L-~ ° 1~' ` '7~°• IR.M• F.,* tiM. • r•' n° Irr•r. t } 1 , p . 'I,~.*Y.j i . rr /tyI 4 ' er *1° . w V3^ I ` ° i - i • 1 A Ir Hour r y ` 1, b R stir } P / n.r •p r w • fM [rr 40 ' 7 • cr w 4 . r°}. N•' 1 •r ° CrYfl , It a 1• r ~~l ! I ~ rw• r I li L..~b1•Yi ~~I~ tll r~_ PAW, • Iwif i 1 E ylyP*. ya.9' Van '{W r IWwM jf'04l: I tl~u • Juuy nl °•7 ww 7 ; I1 w~•~i■~ nmu i F ~ •i~~~~ J T-r [I erh FFw H11' •.f 1p, ML+~ i_ L. VI{~ . r i ti1 ' f 'j.i~i1; Srr w: Pr•~. ♦,irN4 er t~ r° ult~bvgl i II = , p• ~G V 0.•..w-f ~ rl i' i a ,1 J iIa 11=~,u Rul'44 r4 t{t i GRA/tnif E It ~ i ~ 1.•w• i•ne1• ~I ff lAtl~i ' n ~ . r....~ _ ~i Y ' ice. 0 1 xl ~ _ ♦ ptirrTr - TARAANT COUNTY ~ DA+LLA! COUNTY • 2 3 4 A 5 A 6 7 AL 8 • and that #17 can be used by the City of Centon in its' park. Bridge #15, which has a National Registry, was declared by the State to be unsafe. This bf;dge along with bridge i11, which was bypassed in 1989, may be used in a green belt trail for pedestrian/equestrian traffic. 1 • r r i. t ELM FORK, 7R!41TY RTYER, Flit 420 fit) th s ~,,.cge was but around 19W ailen FM 128 was widened DUCK CREEK AT GREGORY ROAD (fn ,r:'gds n e5 orgnal Iota"^n and is slated to become W of Constructed Kind Von and" Co., Cooke line Serves and Hoehn roads into Cooke " Gcunlnry Span 650 -r ,enn &.q park between Denton and Lake Ray RaOartf . CLEAR CREEK o SAM BASS ROAD (K) Pollard, -r or G 19M. $p n 150, Austin Br26. L algid r brl at a Wk" width 1 167, , AM Flail TO'. rr,s s hated just wtst d Aubrey. R w'K used Aa a feeder road cosj bridge was ed by ;.erns c- i e-brey and Denton and &v-jw ft also was a mall Creek reek C ryy 1,500i wets Sp Fanar Mth*Ot l n Or lglnear Wt' ~~uie between tl1e commurrOes Ks or" W.Alion was em wild e CotrV il co ren of Denton County rrrsidenta . precinct 1. J F. Madan. Commi£sioner. y rosderlts as pan pan d t>7evposal routs SOUTH HICKORY CREEK AT DOK"D ROAD (11) j - This brdp bull in 190,3 el 10=9d south d wfut is %v FM 1173 &W AN CREEK AT OA9MR ROAD (e6) R is a sled elevated superstructure wily no 0*4 mukhps Of This brfdde was oonsfvc'W in 1904 by Gsorga Kng Comtruc90n CLEM CREEK AT RECTOR ROAD (Ra) pares The bridge served H pan 012 postal rats n tar WV`**si Co., and currently provides sepia b p35 from Hawk", Hopkins &A by AoW &others in 1907, serves Rasta Fvad whirh r; a Demon County and southern Cooke Cowrty. SWn 590', width and Gamer rods Span 257, width 177. Rai 56. cornettor road ban its boll d Sander to 1.35 Span 119 2'. A dlh 170". corwete roadbed 1261. NORTH ACKORY CREEK AT VWHNEW ROAD (03) This steal eieveed superstruclve bridge was bait n 1903 by The George E. King Co k is bated dear Krum and serves 03 a DUCK CREEK AT SAY MAN ROAD (all) sernce road 1o FM 1173. Bs si nn is 12 a, nigh 120'. T" Locatad nor4twrsl d M low Of Sanger, ewvw Nana, Chisrn. DUCK CREEK BEnd ROAD (e9) bridge b staled to be replaced R n h0ged to De mo`cd to the new Lois and Betty Roads by w)nfroarg 1f»m 10135 which Ih" bads Freda s" info 1-35 en nMhwr'st W o Cooke Courtly No K•um pa;k, tarot w7wcn was donated by the O4y of Krtrn, north Mo Cooke County, Span Qlt'. width 17C, FW 47. idarllifyirg markers a pales b deterrryne when lox a try wMm O 49 ~r-r l • 12 r ....~.~~~rn-.~~~~..-...r.. ~~~.~..~...~r...w r.•r~rn~•~w .r~.~.rn~r~-.1 ~.•.._i~ ~ . . • 1 4yr r END r OF f FILE F F' if a' sr i r., ~ t ' \..'P: ,4 i\r rti{,..'~w ~y~/~~.Il.Y~~a,.t.Y~•~,~l~:fl`s~K1iy Y>as,~''k 4~~'~`~~'f I r.rAiSs ~ .s:r C`~