HomeMy WebLinkAbout11-04-1997
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City Council
Agenda Packet
November 4 1997
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AGENDA
CITY OF DENTON CITY COUNCIL
November4, 1997
After determining that a quorum is present and convening in an open meeting, the City Council will
convene in a Closed Meeting of the City of Denton City Council on Tuesday, November 4, 1997 at
5:45 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas,
at which the following items will be considered:
I. Closed Meeting:
A. Consultation with Attorney - Under TEX. GOVT CODE Sec. 551.071
I. Discuss with City's attorneys and consider strategy in litigation styled
lansen Information Technologies, Inc. v. Azteca Systems, Inc., et al., case
number 4:97cv308 filed in the United States District Court, Eastem District
of Texas, alleging copyright infringement, tortious interference, and other
intellectual property matters. E
B. Conference with Employees-Under TEX. GOVT. CODE Sec. 551.075. The
Council may receive information from employees or question employees during a
staff conference or briefing, but may not deliberate during the conference.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH
EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEX. GOVT CODE CH. 551, THE CITY COUNCIL RESERVES THE
RIGHT TO ADJOURN INTO A AOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX GOVT CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS
ACT) ON ANN' ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A
CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS
NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT,
• 3 INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071-551.085 OF THE OPEN
MEETINGS ACT. i
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Regular Muctingof the City of Denton City Council on Tuesday, November4, 1997 at 7:00 p,m. in
the Council Chambers of City Hall, 215 E. McKinney Street, Denton, Texas at which the following
• items will be considered: y~ -
J 1. Pledge of Allegiance
A. U.S.Flag
B. Texas Hag
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City of Denton City Council Agenda
November-4, 1997
Page 2
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. Consider approval of the minutes of Jul), 22, July 29, July 30, August 5, August 6, and
August 8.
CITIZEN REPORTS
3. Receive a citizen report from David Zoltner regarding "open government and the hometown
jeopardy game
4. Receiv: a citizen report from Dessie Goodson regarding the City of Denton.
P R ES E NTAT I ON S/A W ARDS
5. November Yard of the Month Awards
PUBLIC HEARING
6. Hold a public hearing and consider adoption of an ordinance affecting participation of city
employees in the Texas Municipal Retirement S)stem granting the additional rights
authorized by Section 854.202(g) of Title 8, Texas Government Code, as amended.
CONSENTAGENDA
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 7-
19). '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 7-19 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,
7. Consider adoption of an ordinance accepting competitive bids and awarding a contract for -
• the purchase of materials, equipment, supplies or services. (Bid 112106 - Weathering Steel •
Poles)
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8. Consider adoption of an ordinance accepting competitive bids and awarding a contract for
the purchase of materials, equipment, supplies or services. (Bid N2112 - Replacement of
I SkV Breakers)
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City of Denton City Council Agenda
November 4, 1997
Page 3
9. Consider adoption of an ord mance accepting competitive bids and awarding a contract for
the purchase of materials, equipment, supplies or services. (Bid #2113 - Replacement of
69kV Breakers)
10. Consider adoption of an ordinance accepting competitive bids and providing for the award
of contracts for public works o. improvements. (Bid #2109- U.S. 380 Utility Relocation)
1 l . Consider adoption of an ordinance authorizing the City Manager to execute a professional
services contract between the City of Denton and Schrickel, Rollins and Associates, Inc.;
and providing an effective date. (RFSP #2077- Upgrade Existing Parks Phase 11)
12. Consider adoption of an ordinance providing for the expenditure of funds for emergency
purchases of materials, equipment, supplies or services in accordance with the provisions of
state law exempting such purchases from requirements of competitive bids. (PC #80596 -
Saber Development Corporation)
13. Consider adoption of an ordinance providing for the expenditure of funds for purchases of
materials or equipment which are available from only one source in accordance with the
provisions of state law exempting such purchases from requirements of competitive bids.
(PC #80809- Hunt Technofogies,lnc. [Automated Meter Reading System])
14. Consider adoption of an ordinance providing for the expenditure of funds for purchases of '
materials or equipment which are available from only one source in accordance with the
provisions of state law exempting such purchases from requirements of competitive bids.
(PC #80864 - Covey Leadership Center)
15. Consider adoption of an ordinance authorizing the Mayor to enter into an interlocal
cooperation agreement with Denton County for library services.
16. Consider approval of a resolution to declare the intent to reimburv; expenditures from
unreserved retained earnings of the Electric Fund with certi f icates of obligation.
17. Consider approval of a resolution to declare the intent to reimburse expenditures for
building renovationswith certificatesof obligation.
• 18. Consider approval of a resolution canceling the City Council mecting of December9, 1997.
19. Consider adoption of an ordinance authorizing the City Manager to execute a contract for
professional legal services with the law firm of Bernsen, lamail & Goodson, L.L.A.
regarding various legal issues and matters related to the Denton Municipal Electric Utility;
and authorizing the expenditure of funds therefor.
• ITFNIS FOR INDIVIDUAL CONSIDERATION
20. Consider adoption of an ordinance authorizing the City Manager to execute on behalfof the
I City of Denton an acceptance of an offer from the Texas Department of Transportation
relating to a grant for the preparation of an airport layout plan and design services to
reconstructa terminal apron at the Denton Municipal Airport.
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City of Denton City Council Agenda
November 4, 1997
Page 4
21, Consider adoption of an ordinance accepting a tract of land in the William Lloyd Suney, as
shov+n in the dedication instrument executed by Donnie Sparks for the Chester Elmer
Sparks Estate, and Betty Clampitt for the CIampitt Family Trust, for street and utility
purposes at AudraNottingham.
22. Consider approval of a resolution authorizing the Mayor to execute an agreement between
the City of Denton and electric transmission providers in Texas for the purpose of
conformingto the requirementsof the Public Utility Regulatory Act of 1995.
23. Consider approval of a resolution casting votes for membershipto the Board of Directotsof
the Denton Central Appraisal District.
24. Consider adoption of an ordinance hiring Peter Vogel of the law firm Gardere & Wynne to
represent the City in litigation pending against the City styled Hansen Information
Technologies Inc v Azteca Systems, Inc., et al., case number 4:97cv308 filed in the
United States District Court, Eastern District of Texas, alleging copyright infringement,
tortious interference, and other intellectual property matters.
25. Consider nominationsfappointments to City's Boards and Commissions.
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26. Miscellaneous matters from the City Manager.
27. New Business
This item provides a section for Council Members to suggest items for future agendas.
28. Possibl: continuation of Closed Meeting under Sections 551-071-551.085 of the Texas
Open Meetings Act.
29. Official Action on Closed Meeting items held under Section 551-071-551.085 of the Texas
Open Meetings Act.
CERTIFICATE
i certify that the above notice of meeting wu posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the dayof_ 1997 at__,o'clock(a.m.)(p.m)
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CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY
• WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING t • •
IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE
SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARYS OFFICE AT
/ 349-8309OR USE TELECOMMUNICATIONSDEVICES FOR THE DEAF (1'DD) BY
CALLING 1.800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN
BE SCHEDULEDTHROUGH THE CITY SECRETAR"OFFIC E.
AgmQal 10497 &r
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CITY OF DENTON CITY COUNCIL MINUTES Agenda Item
July 22, 1997 Data
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After determining that a quorum Has present and convening in an open meeting, the City Council
convened in a closed rneeting on Tuesday, July 22, 1997 at 5:15 p.m. in the Police Department
Conference Room of the Denton Municipal Complex.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Durrance,
Kristoferson, and Young
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ABSENT. Council Member Cochran
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I. Closed Meeting:
A. ConsultationwithAttomey Under TEX. GO TCODESec.551.071
I. Discussed with City's attorneys and considered mediation, settlement, and
litigation strategy in litigation styled Richard and Marilyn Brentzel.
Individually and on Behalf of Pamela Brentzel v, City of Denton. Ed Green
and Denton Plaza Shooninn Center, cause no. 95-40188-362 in the 362nd
Judicial District Court, Denton County, Texas, and alleging damages for
personal injury due to Plain6ffPamela Breutzel's fall into a drainage ditch.
2. Discussed with City's attorneys and considered mediation, settlement, and
litigation strategy in litigation styled Joel Darnell Patton and Nelda Jean
Patton v. City of Paris, City of Denton, and City of Corsicana cause no.
3:96%66, filed in the U. S. District Court, Eastcm District, Paris Division,
and allcgingcivil rights violations.
B. 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, July 22, 1997 at 6:00 p.m. in the Central
Jury Room of the Denton Municipal Complex, 601 E. Hickory, Denton, Texas
PRESENT: Mayor Mil::; Mayor Pro Tem Brock; Council Members Beasley, Durrance,
Kristoferson,and Young
ABSENT: Council Member Cochran i
I. The Council held a discussion regarding recommendations from the Oversight Committee
and gave statTdirection.
Rick Svehla, Deputy City Manager, stated that the Oversight Committee met on July 7th to discuss ti
• five action items. The first item dealt with drainage. Spencer Road had a culvert that was failing • •
and needed repair. It %vas suggested to the Committee to replace the current culvert with a larger
culvert with walls to help with erosion in the area. The Committee suggested using $15,000 that
was saved on a culvert project on State School Road. The City did some of the work o,r that project
and it was recommended to use that money for the Spencer Road project. The money saved on the
State School Road project would be used to buy the pipe for the Spencer Road project and to do the
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City of Denton City Council Minutes
July 22, 1997
Page 2
engineering work. The Committee also recommended doing a reimbursementresolution for future
bond money to pay back operations in order to install the pipe. The first recommendation from the
Committee was to use $ 15,000 from the State School Road project and to use operating funds from
Solid Waste to be reimbursed later with bonds. Two projects were recommended from the
miscellaneous street area projects. The fiat project was a group of signals from the Air Quality
Congestion Mitigation Project. Matching funds would be used with TxDot money. Council had
previously approved contracts with TxDot subject to the funding requirements. The Oversight
Committee previously recommended keeping money in a separate fund for this type of project.
The first three projects recommended for funding would be a right turn lane at 135 and Highway
380; the turn lanes on Highway 380 at Bonnie Brae, Malone, Fulton and Carroll; and the extension
of the Texas U-tum at Fort Worth Drive. Those three projects would cost approximately $11,245.
The fourth project would be acceleratioaldeceleration lanes at Kings Row and Loop 288. TxDot's
original estimates were too low and they requested more funding of approximately 545,500 for the
project. Two other intersections recently completed were under the estimate for the project that
resulted in a savings of $60,000. Money would be available for those projects. The Committee
was recommending all four projectswith adequate funding and approximately $19,400 to put back
into the fund. The Committee's recommendation was to rearrange some money that was saved
over the last several years. The second miscellaneous project was a recommendation for
completion of Panhandle from Fulton to Carroll; Fulton from Broadway to University; and Linden
from Fulton going west for a number of blocks. Nct a of those str:'ets would be paved
immediately as the miscellaneous money was also used for possible econo; nic development needs.
7 he project would start with Panhandle. The fourth major project oeail with sidewalks. There was
an extensive ranking system for the needs of sidewalkswith a major criteria being pedestrian traffic
in an area. The last proposed project dealt with the Rancho del Lago development that was an
agricultural subdivision with large lots. Previously it was felt that a six lane divided facility was
needed. When the development was do-Amzoned, that type of street was no longer needed with only
a two-lane road now required. The Committee felt that the facility should be enlarged or at least
have the capability to be enlarged. It suggested setting aside miscellaneous street money to help
purchase additional right-of-way for future developmenlof two additional lanes for an ultimate four
lanefacility. The Oversight Committee unanimously recommended all of the proposed projects.
Council Member Young stated that sidewalks on East Hickory to Wood Street and Wood Street to
Sycamore needed to be placed on the list.
• Svehla stated that they would be placed on the list to be reviewed by the OversightCommittee.
Council Member Beasley proposed to follow the recommendationsof the Oversight Committee. -
Consensus of the Council was to proceed with the recommendations.
• 2. The Council received a report, held a discussion and gave staff direction regarding the • •
Upper Trinity Regional Water District Southwest (135W) Service Zone Study.
Council Member Beasley stated that she had been asked to serve on this committee in November.
The Committee was planning for future water and wastewater for parts of the County that only had
well water or septic systems. The Upper Trinity Regional Water District was progressing in ways
to bring water and wastewater services to those areas.
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City of Denton City Council Minutes
July 22, 1997
Page 3
Bob Nelson, Executive Director for Utilities, stated that last fall several communities and water
districts contacted the UTRWD regarding water and wastewater services in the area. In an effortto
have a coordinated plan for service in the area, the Upper Trinity invited a task force to be formed
with representatives from various communities and water districts.
Tom Snyder, UTR WD, stated that the task force did a wonderful job in providing input into the
process. This provided a planning document that would be ready when needed.
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Dick Ifulholt, Brown and Root, stated that the corridor of interest went from Highway 377 and
I lobwn Lane. Ile reviewed the major landholders in the corridor of interest as noted in the back-up 1
materials. The most significant influence was from Fort Worth with growth industries in the area. 1
Ile noted where the existing water and wastewater facilities were located, Suggested options for
wastewater service included utilizing existing facilities, constructing an additional regional facility
for water reclamationand locating and acquiring a permanent site.
Mayor Pro Tern Brock stated that the UTRWD was a provider of wholesale services. She asked
what would happen if there were areas which were not municipalities which wanted services.
Would the UTRWD everbe providing retail water.
Snyder stated that by law the UTRWD could not provide retail services. It could only provide
wholesale sen'ices.
Mayor b1 i I ler asked what needed to be done to go to the next phase of the study.
Snyder stated that if sufficient interest existed from retail providers, a revolving fund would be
available for a feasibilhystudy.
Council Member Young asked about the purpose of the item on the agenda.
Nelson stated that the purpose was to let the Council know that planning was taking place along
that corridor. Denton might not choose to be party to a development project in that area. There
might be an opportunity along some areas such as Crawford Roar' to participate in a project.
Council Member Young asked about the life expectancy of a wastewatertreatment p!ant.
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Nelson stated that the design work for an expansion of the wastewater plant would be started in
about 18 months and the expansion would be needed in a year or two. The water plant would be
sufficient until the year 2003-2005. /
Mayor Miller stated that be supported the idea of a feasibility study.
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Council Diembcr Kristoferson asked about the cost. • •
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Nelson stated that there would be some participation costs but he was not sure of the amount at this
point in time. If there were enough interest from area water districts and communities, the Upper
Trinity would use their revolving fund. If a project were determinedto be feasible, then the various
communitiesor water districts would sign on asking lobe included in that project.
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City of Denton City Council Minutes
Jul), 22, 1997
Page 4
Council Member Beasley stated that the potential was there but was not sure it was the right time to
proceed with the feasibility study.
~Sayor Miller slated that as a general rule economic development did not leap frog. It would be
beneficial to Denton, as development moved up towards Denton, to have infrastructure needs
already met. This would be good for long range planning.
Consensus of the Council was to proceed with the feasibility study.
Following the completion of the Work Session, the Council convened into a Special Called
Meeting 'o consider the following-
I. The Council considered nominations/appointmentsto the City's Boards and Commissions.
Mayor Miller stated that there was one nomination to consider. Jerri Locke had been nominated to
the Human Services Committee by Council Member Cochran.
On roll note, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye",
Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
Council Member Durrance nominated Russell Elleven to the Historic Landmark Commission.
2. The Council considered approval of a resolution supporting the incorporation of a
Streamline Transportation Efficiency Program for the 21st century (Step 21) into the
reauthori zation of the Intermodal Surface Transportation E ff iciency Act of 1991.
Rick Svehla, Deputy City Manger, stated that this resolution was patterned after the TxDot rnquest.
The new resolution incorporated the language from the NCTCOG Regional Transportation
Committee. Staff was suggesting that Council approve the new resolution as it incorrr,rated both
the NCTCOG ideas and the TxDot language.
Mayor Pro Tem Brock stated that she had received much information regarding various options
from Congress. STEP 21 was not the most desirable option as it bypassed regional planning groups
and gave authority to stales. This resolution would ask that the principles of STEP 21 be
incorporated into the renewal of ISTEA.
Mayor Miller stated that some states were receiving more funding than they sent to Washington.
STEP 21 vas designed to correct that. TxDot was not addressing the other issues of ISTEA issues
that included the authority of local agencies. This resolution supported the principles in STEP 21
as they dealt with donor issues. tic felt that the resolution would supply both needs.
The following resol ution was considered:
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• NO.R97-030
A RESOLUTION SUPPORTING PRINCIPLES EMBODIED IN THE
STREAMLINED TRANSPORTATION EFFICIENCY PROGRAM FOR THE
21sT CENTURY AND THE TEXAS TRANSPORTATION COMMISSION
RESOLUTION ON ITS IMPLEMENTATION. i
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City of Denton City Council Minutes
July 22,1997
Page 5
Beasley motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye",
Kristoferson "aye", Durrance "aye", Young "aye", Brock "ay'c", and Mayor Miller "aye". Motion
carried unanimously.
With :io further business the meeting was adjourned at 7:25 p.m.
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JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
JULY 29, 1997
The Council convened into a Special Called Meeting on July 29, 1997 at the Center for the
Visual Arts.
PRESENT: Mayor Miller, Mayor Pro Tern Broc_., Council Members Beasley, Cochran,
Dunwice and Young.
ABSENT: Council Members Kristoferson and Young
1. The Council considered a resolution of appreciaticn for retiring Board/Commission
members.
The following resolution was considered: E~
RESOLUTION OF APPRECIATION FOR RETIRING BOARDICOMMISSION MEMBERS f
Brock motioned, Beasley seconded to approve the resilution. On roll vote, Beasley "aye",
Cochran "aye", Durrance "aye", Brock "aye", and Mayor Miller "aye". Motion carried
unanimously.
2. The Council considered approval of a resolution of appreciation for retiring Council
Members.
The following resolution was considered:
RESOLUTION OF APPRECIATION FOR RETIRING COUNCIL MEMBERS
Brock motioned, Durrance seconded to approve the resolution. On roll vote, Beasky "aye",
Cochran "aye", Durrance "aye", Brock "aye", and Mayor Miller "aye". Motion carried
unanimously.
With no further business, the mating was adjourned at 9:30 p.m.
JACK MILLER, MAYOR 1
CITYOF DENTON
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON
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CITY OF DENTON CITY COUNCIL MINUTES
JULY 30, 1997
The Council convened into a Joint Work Session with the Planning and Zoning Commission on
Jul), 30, 1997 in the Central Jury Room of the Denton Municipal Complex.
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson,
Coc4ran, Durrance and Young.
ABSENT: None
1. The Council continued the review and discussion, schedule of topics, and gave staff'
direction on Vision, policies, and the comprehensive and Denton Development Plans.
David Hill, Director of Planning and Development, reviewed a summary of the July 196 meeting.
It was felt that it was necessary to organize the discussion topics to avoid unnecessay delay,
referring some items to staff and commissions for implementation, and keeping others for further
vision and/or policy discussion. Those topics that were referred for implementation included
scenic corridors to the Planning and Zoning Commission; park dedication to the Parks and
R"reation Board; and landscaping/tree preservation requirements to the Planning and Zoning
Commission. Implementation tools included overlay districts in which the applications were
uncertain at the current time; development impact fees with possible application for drainage,
water, sewer or roadway costs with the Utilities Department providing separate briefings. Master
plan issues included drainage system capacity that dealt with the impact of new development and
the need for a comprehensive plan. Issues held back for further deliberation included
transportation impacts, density/quality, neighborhood preservation, City/DISD,
architectural/aesthetic standards, and intensity calculations. Consensus building included public
involvement procedures and public tducation with both items interrelated and needing to be
addressed through the process. A second procedure was to develop more fully the proposed
process by reformatting the existing Vision document as appropriate, reformatting the DDP
documents, merging the Vision and DDP to allow comparison arx? identifying statements
suitable for policy consideration. A proposed schedule would be presented at the next meeting in
order to work out details of addressing these topics. This meeting would work on the Vision and
policy level discussions.
Council Member Beasley asked about the schedule for considering the scenic corridors issue.
She asked if it was ready for Planning and Zoning Commission consideration.
• Hill stated that staff was trying to find a sequence to refer these items to Council. A sequence of
evens was needed so that there would not be a work session with too many items on it at one
time.
Rick Svehla, Deputy City Manager, stated that staff was attempting to move forward with the
schedule at regular work sessions for discussion rather than on Wednesdays. •
Ilill stated that the process of reformatting existing documents would involve taking the Was
discussed and organizing them in a manner that would go from the vision stage to the
implementation stage.
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City of Denton City Council Minutes
July 30, 1997
Page 2
Council Member Cochran felt that the Vision statement had changed somewhat over the years
due to a change in the community.
Council Member Young stated that high-tech, high-skill jobs were still a priority for him. Ile
wanted to keep it where it was on the list. As other skill jobs were brought into the City,
property taxes could be reduced and the tar base broadened.
Mayor Miller stated that there was no intent to try and prioritize the items from the Vision j
statements. He felt that none of those items were more important than another on the list.
Council Member Cochran stated that the Vision statement was not a marketing too] for the City.
The document was not a marketing document. It was away to have citizens become comfortable
with the Council's plan for the future.
Hill stated that it was important to have statements that mere sufficiently broad to take in all
issues.
Council Member Young stated that this statement indicated that the burden of taxes was on the
homeowners and if they wanted Denton to be a bedroom community, there would be higher and
higher taxes. The statement indicated that it was possible to have lower taxes and take some of
the burden off the citizens with more jobs. In planning, the Council should not plan so as to be a
bedroom community and not consider the working class of citizens.
Elizabeth Gourdy stated that everyone would like to have high-tech. high paying jobs in Denton
but she would like to make the statement more general for all those working in Denton.
Bob Powell stated that hundreds of people from all parts of the City, all economib strata,
contributed to this vision. It was everyone's and took years to complete. Much thought had
gone into the Vision statement.
Mayor Miller felt that the statement should be put in terms of what made Denton unique and a
vision of getting to the next level. The City would always have people commuting out of Denton
due to their employment circumstances. Denton was an employment center.
• Carol Ganzer stated that part of her wish was that Denton was still small from a sense of
community. Part of her was glad that the city had grown so she could work here. Her -vision was
to have Denton come back together in a sense of community.
Council Member Beasle;I felt that the discussion was getting bogged down on the fast sentence
of the document. It was necessary to think bigger than that and get past it and to look at the _
bigger vision.
Hill stated that if there were some discussion the Council was not able to agree on, they could
move on to the policy level and break it down later. There was a need for broad categories and
to fit some of the policies already present into the categories.
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City of Denton City Council Minutes
July 30, 1997
Page 3
Mayor Pro Tem Brock felt that the statement should indicate what Denton wanted to be, what
Denton thought of itself {
Council Member Cochran stated that the document had nYre to do with physical planning rather
than economic/cultural planning. It dealt with how the physical community would function and
react and not the economy.
Hill stated that in the draft DDP, the committee realized that the old plan was difficult to manage.
Topics such as neighborhoods, mobility/transportation, economy, culture identitylimage,
recreation/aesthetics plus historic nature wire good topics.
Council Member Beasley suggested diversity as a topic.
Hill stated that he had seen many plans that dealt with governmental relationships. External
influences might also be a topic for consideration.
Council Member Cochran suggested the environment as an area.
Jim Engelbrecht stated that the difference between the current DDP and the proposed document
Nvas that the current DDP had a strong downtown emphasis. That was the group that indicated it
wanted a center to the community and to save that area.
Council Member Cochran stated that the basis was for the way policies should proceed. There
were basic assumptions about growth. In the past it was assumed that all growth was good and
that it was necessary to have in order to keep expanding the economy or it would collapse. He
felt it was necessary to develop an economic model for the cost of growth and the entire picture.
It should be sonx sort of idea of what Denton needed to sustain it. He felt it could be discussed
as a separate issue at a separate meeting.
Hill stated that data was a way to keep the vision in focus. A market analysis could focus on how
it would be effected.
Mayor Miller suggested receiving the statistics developed by COG in terms of projections of
population for Denton and projections as to employment centers. There wrre also projections
from the Regional Transportation Commission, which showed congestion models within the
region which Denton, could take advantage of.
Hill stated that another resource could be the school district and coordination of information with
them.
Council Member Young stated that Denton was going to have growth no matter what but that
there was a need to balance that growth. • •
Mayor Pro Tern Brock stated that standards were needed in Ahich the City could reject growth if
it was not in balance. .
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Jul), 30, 1997
Page 4
Mayor Miller stated that growth brought many of the amenities that were now easy to obtain in f
Denton.
}till reviewed the 1988 DDP as compared with the 1997 draft DDP as included in the agenda F
back-up materials,
Council Member Young expressed a concern ttrat this new proposed development plan was being
done by Council and the Planning and Zoning Commission. fie felt there was a need to have
citizen input.
Mayor Miller stated that at some point there would be public hearings on a proposed document.
City Manager Bcnavides stated that no matter what type of document was proposed, there should
be a review and comment period with public hearings.
Council Member Beasley stated that public education and public participation would be
essential, No matter what the Council decided on she would like to have public review and
public comments. 0
Rudy Moreno felt that the structure that was being proposed was good as was the tentative list of
policy areas. Ile was concerned that the individuals who worked on Vision and the draft DDP
would feel that the Council and the Planning and Zoning Commission had a better idea.
Council Member Cochran stated that he had been on the committee and the drafl was not
something that could not be changed. Thcre had been prior public hearings regarding the draft.
The Council and the Planning and Zoning Commission were now improving the document
drafted from that committee.
Mayor Miller stated that they would be taking information back to the public. The Planning and
Zoning Commission and the Council had to have a document to use to make decisions over the
next 5.10 years. A format was needed in order to make informed decisions. The Council was
not rejecting what had been done but was reformatting it to a usable document.
I fill stated that if the Council desired, staff could organize sonic of the Vision statements and the
• draft DDP according to topic headings to produce a document for Council to consider.
Engelbrecht stated that he served on both task forces and was also concerned until Hill developed - `
this approach as it addressed the problem of the DDP with too much policy in with vision plus
local area policies. This offered a better approach. This process would divide those pieces out
into their proper places.
• Mayor Miller stated that Council needed to complete the vision statements so that staff could •
prepare blended documents.
Council Member Beasley felt that at some point, it would be valuable to have the committee
back together for comments.
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City of Denton City Councii Minutes ,
July 30, 1997
Page 5
With no further business, the meeting was adjourned at 9:00 p.m.
JACK MILLER, MAYOR
CITY OF DENTON
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
August 5,1997
After delennining that a quorum was present and convening in an open meeting, the City Council
convened in a closed meeting on Tuesday, August 5, 1997 at 5:45 p.m. in the Police Department
Conference Room of the Denton Municipal Complex.
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristofetson,
Cochran, Dur,-vice and Young.
ABSENT: None
1. Closed Meeting:
A. Coruultationwi+l, Attorney-- Under TEX. GOVT. CODE Sec. 551.071
1. Discussed with City's attorneys and considered mediation, settlement, and
strategy in the claim of Constance Tetreault against the City of Denton,
alleging wrongful death in the drowning of Michelle limeno.
B. Consultation with Attorney Under TEX. GOVT. CODE Sec. 551.071 and
deliberations regarding real property under TEX. GOVT. CODE Sec. 551.072
1. Discussed and considered property purchases and proposed damage claims
relatingto expansion of the City's landfill located at 5166 Foster Road.
2. Discussed and considered acquiring additional right-of-way on Lakeview '
Boulevard from U,S. 380 to McKinney Street. j
3. Discussed and considered a real estate contract with Bob E. Tripp, Trustee, l
David E. Tripp, Trustee and Celia Tripp Reid, Trustee, for the purchase of
approximately 1.302 acres tract of land known as Parcel No. 39, Pan I & 2,
U. S. Highway 77, Denton, Denton County, Texas for the U. S. Highway
widening project.
C. Conference with Employees Under TEX. GOVT CODE Sec. 551.075. The
Council received information from employees or questioned employees during a
staffeonferenceor briefing, but did not deliberate during the conference.
The Council convened into a Regular Meeting on Tuesday, August 5, 1997 at 7:00 p.m. in the
! Central Jury Room of the Denton Municipal Complex.
PRESENT: Mayor Miller, Mayer Pro Tern Brock; Council Members Beasley, Kristorerson,
Cochran, Durance and Young.
ABSENT: None
! 1. Pledge of Allegiance
c
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 May 6, 13, and 20, 1997.
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City of Denton City Council Minutes
August 5, 1997
Page 2
Young motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley
"aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor
Mi I ler "aye". Motion carried unanimously.
PRESENTATIONS/AWARDS
Mayor Miller recognized Boy Scout Troop 132 attending the meeting.
3. Keep Denton Beauti ful Yard of the Month Awards.
Mayor Miller presented the following awards:
Joyce and Bennie Gabe Snider
Glenda Dial
Stanley and Shirley Sawyer
John & Melony Bradley
Classic Corrugated - Commercial Award
Courtyard of Ann's Haven Hospice - Downtown Business Award
CITIZEN REPORTS
4. The Council received a citizen report from Barry Vermillion regarding additional `
furx3ing4esources for the Friends of Denton County History, Inc's, project of preserving r
Pinckneyville.
Mr. Vermillion stated that he represented the Denton County History's Inc. project of preserving
Pinckneyville. The Association was created to study and preserve those historical items and facts
associated with Denton County. The Association wanted to be a fund raising organization to
collect and disseminate funds to preserve Denton County's history. Three primary fundraiserswere
planned to help with their projects. Pinckneyville was the first county seat of Denton County and
was one of their major projects for preservation.
NOISE EXCEPTIONS
5. The Council considered a request for an exception to the noise ordinance for the Inter-
Agency Youth Planning Committee Pool Party on August 12, 1997 at the Civic Center Pool from
• 8:00 p.m, until 12:00 midnight.
Janet Simpson, Superintendent of Leisure Services, stated that she was representing the inter-
Agency Youth Planning Committee. This committee wwas working on programs for on-going
activities for the youth in the City. The first evert would be next Tuesday with a pool party.
Because the time for the party extended beyond 10 00 p.m„they were requestinga noise exception.
• Beasley motioned, Brock seconded to approv the exception. On roll vote, Beasley "aye", i • •
Kristeferson "aye", Cochran "aye", Durrance "a) Young "aye", Brock "aye", and Mayor Miller
"aye". Motion carried unanimously.
PUBLIC HEARINGS
6. The Council held a public hearing and considered adoption of an ordinance for a Specific
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City of Denton City Council Minutes
August 5, 1997
Page 3
Use Permit for the purpose of a governmental office, yard and shop for the Denton Independent
School District, The 10-acre site was located on the east side of Mayhill Road, south of Mills
Road. (Z-97-018) (The Planning and Zoning Commission recommended approval 7-0.)
David Hill, Director of Planning and Development, stated that the facility would be the new DISD
Service Center. The Planning and Zoning Commission recommended approval. The site was a 10-
acre tract located next to Ryan High School. Surrounding properties were zoned agricultural with
some light industrial in the area. The proposal was somewhat inconsistent with DDP in the area of
allocation of intensity trips and green space. It was significantly inconsistent with other
governmental facilities in the area. Those facilities were Ryan High School and the bus barn. The
fact that this was a governmental use and incidental to school operations put it in a different
category than other specific use permits. The south side of the tract would have a large retention
pond as other drainage in the area went a different way.
The Mayor opened the public hearing. I
Russell Bates stated that the facility would be a warehouse and office location for the DISD Service
Center. The proposal would be improving Mayhil I and the drainage for the facility.
Council Member Cochran asked how much traffic would be generated.
Bates indicated that there would be more in the morning with individuals picking up service
vehicles for the day.
Council Member Young expressed a concern for the residentson Carpenter Road. He asked wt'tat
kind of items would be stored on the site such as gas and oil. If items were stored underground, he
did not want them to get into the area resident's wells,
Bates indicated that there would be nothing of that type stored at the facility.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 97-209
• AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
SPECIFIC USE PERMIT ON 10 ACRES OF LAND LOCATED ON THE EAST
SIDE OF MAYHILL ROAD, SOUTH OF MILLS ROAD TO ALLOW FOR
GOVERNMENTAL OFFICES, MAINTENANCE SHOP AND A WAREHOUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000
FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE. ~
Cochran motioned, Brock seconded to 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.
7. The Council held a public hearing inviting citizens to comment on the proposed usage of
1995 Local Law Enforcement Block Grant funding.
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City of Denton City Council Minutes
August 5, 1997
Page 4
Mike Jez. Executive Director of Operations, stated that the City had been notified of its eligibility
for a grant award in conjunction with the Omnibus Appropriations Act of 1996. The Police
Department made application and received approval for this funding, designating its use for
equipment, with the intent of purchasing mobile data computers. A public hearing had to be held
prior to the expenditure of those funds. Prior to the obligation of any funds, an advisory board that
included representativesof groups with a recognized interest in criminal justice and crime had to be
established to review the application and make a nonbinding recommendation for the use of the
funds. That board had been formed and met in June and recommended using the funds for mobile
data computers.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
CONSENTAGENDA
Mayor Miller indicated that Item #11 had been pulled from consideration.
Council Member Beasley indicated that # 17 needed a designation for a nominee.
Mayor Miller indicated that Item #17 would be considered separately. '
Council Member Beasley nominated Olive Stephens to the Board. j
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On roll vote for Item #17, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
Durrance motioned, Beasley seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye", and Mayor Mil ler "aye". Motion carried unanimously.
g, NO. 97-210
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
1 SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
11 FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid
02067 - Annual Price Agreement for Wood Utility Poles)
9. NO.97-211
• 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 #2065 -
Single Family Home Construction)
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August 5, 1997
Page 5
10. NO. 97-212
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 #2069 -
Fort Worth Drive Utility Relocation)
11. Pulled from consideration.
12. NO. 97-213
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AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A J
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid
#2062 - 26 Passenger Paratransit Bus)
13. NO. 97-214
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
CCMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O.
#76615 - Cullium Pipe System, Inc.)
14. NO. 97-215
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O.
#75694 - The ProvidentGroup)
15. NO. 97-216
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF
DENTON FOR FINANCIAL ADVISORY SERVICES AND OTHER FEES TO
FIRST SOUTHWEST COMPANY; AND PROVIDING AN EFFECTIVE DATE.
• 16. NO. R97.031 L • •
A RESOLUTION APPOINTING BILL GIESE TO THE BOARD OF
DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND
DECLARING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
August 5, 1997
Page 6
17. NO. R97-032
A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF
MANAGERS OF THE DENCO AREA 9.1-1 DISTRIC"r; AND DECLARING AN
EFFECTIVE DATE.
l8. N0.97-217
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT WITH RUST LICHLITER-
JAMESON FOR PROFESSIONAL ENGINEERING SERVICES ON THE
RANCHO DEL LAGO LIFT STATION; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR;AND PROVIDING AN EFFECTIVE DATE,
19. NO.97-218
AN ORDINANCE AUTHORIZINGTHE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT WITH CARTER & BURGESS, INC.
FOR PROFESSIONAL ENGINEERING SERVICES TO DESIGN THE DENTON
WEST LIFT STATION FORCEMAIN; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDINGAN EFFECTIVE DATE.
20. NO. 97-219
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION
FOR IMPROVEMENTS TO EAGLE DRIVE AT BELL AVENUE, EAGLE
DRIVE AT CARROLL BOULEVARD, AND EAGLE DRIVE BETWEEN
AVENUE A AND IOOF UNDER THE CONGESTION MITIGATION AND AIR
QUALITY IMPROVEMENT PROGRAM; REPEALING ORDINANCE 97.134;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
21. NO. 97-220
• AN ORDINANCE AUTHORIZING THE CITY COUNCIL, UNDER THE
CIRCUMSTANCES SET FORTH HEREIN, TO HOLD MEETINGS OUTSIDE
OF CITY HALL; VALIDATING PREVIOUS MEETINGS AND ACTIONS;
AND PROVIDING AN EFFECTIVE DATE.
• ITFNIS FOR INDIVIDUAL CONSIDERATION
22. The Council cons,dered adoption of an ordinance authorizing the City Managerto execute a
real estate contract bet«een the City of Denton and Hickory Creek Development Partners, LTD., a
t Texas Limited Partnership; authorizing the City Manager to execute any and all documents
necessary to consummate the purchase of real property in accordance with said contract; and
authorizingthe expenditure of funds therefor.
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City of Denton City Council Minutes
August 5, 1997
Page 7
Howard Martin, Directorof EnNironmental Services, stated that the City was proposingto purchase
two lots which were adjoining the raw water pump station on Lake Lewisville. This would benefit
the City as it would provide a buffer from the adjacent residential development and help the City
avoid complaints about raise, lights, large truck traffic, ctc. associated with the pump station
facility.
Mayor Pro Tem Brock stated that this item had been discussed before and she agreed with the need
for acquiring the property. An earlier discussion indicated a smaller purchase price. She asked if
the higher cost was a result of development in the area that elevated the price of the property. She
questioned if an appraiser had looked at tlx property.
Martin replied that the cost of the land had increased since the budget was prepared because it was
now a developed property rather than raw land.
Council Member Kristof tsonasked if there were any additional purchasesof this sort scheduled in
the C I P.
Martin replied that there were many facilities that could be purchased for a future lift station site but
much depended on how the basis was developed. It would be difficult to pinpoint exact Iocaflons
of a future site.
The followingordinancewasconsidered:
NO. 97-221
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT BETWEEN
THE CITY OF DENTON AND HICKORY CREEK DEVELOPMENT
PARTNERS, LTD., A TEXAS LIMITED PARTNERSHIP; AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS
NECESSARY TO CONSUMMATE THE PURCHASE OF REAL PROPERTY IN
ACCORDANCE WITH SAID CONTRACT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Slayer Miller
"aye". Motion carried unanimous]y.
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23, The Council considered adoption of an ordinance authorizing the City Manager to execute
on behalf of the City of Denton a supplemental agreement to Contract No. l g2XX1d5013; said
he
contract was with the Texas Department of Transportation and was entitled "Agreement for t•
J installation and reimbursement for the operation and maintenance of traffic signals within a
municipality"; the supplemental agreement was entitled supplemental agreement "04" and shall
amend Exhibit "1" of the above contract by adding the traffic signal at I.H. 35E and McCormick
Street; such supplemental agreement shall further amend Article "4" of the contract, entitled
"compensation", by increasing the reimbursement for the City's maintenance costs for this traffic
signal at LH. 35E and McCormick; providing a savings clause and providinga repeal clause.
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City of Denton Ci v Council Minutes
August 5, 19,97
Page 8
Rick Svehla, Deputy City Manager, stated that this agreement would increase the number of
signalized intersections along the interstate maintained by city crews to nine.
The following ordinance was considered:
NO. 97-222
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGEROF DENTON, TEXAS TO EXECUTE ON BEHALF OF THE
CITY OF DENTON A SUPPLEMENTAL AGREEMENT TO CONTRACT NO.
182XXM5013; SAID CONTRACT IS WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION AND 1S ENTITLED "AGREEMENT FOR THE
INSTALLATION AND REIMBURSEMENT FOR THE OPERAT;ON AND
MAINTENANCE OF TRAFFIC SIGNALS WITHIN A MUNICIPALITY"; THE
SUPPLEMENTAL AGREEMENT IS ENTITLED SUPPLEMENTAL
AGREEMENT "04" AND SHALL AMEND EXHIBIT "I" OF THE ABOVE
CONTRACT BY ADDING THE TRAFFIC SIGNAL AT T.H. 35E AND
MCCORMICK STREET; SUCH SUPPLEMENTAL AGREEMENT SHALL
FURTHER AMEND ARTICLE "4" OF THE CONTRACT; ENTITLED
"COMPENSATION", BY INCREASING THE REIMBURSEMENT FOR THE
CITY'S MAINTENANCE COSTS FOR THIS TRAFFIC SIGNAL AT I.H. 35E
AND MCCORMICK STREET; PROVIDING A SAVINGS CLAUSE;
PROVIDING A REPEAL CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
Krisiote.son motioxd, Beasley seconded to 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.
A. The Council considered adoption of an ordinance authorizing the City Manager to execute a
real estate contract with Bob E. Tripp, Trustee, David E. Tripp, Trustee and Celia Tripp Reid,
Trustee, for the purchase of approximately 1.302 acres tract of land known as Parcel No 39, Part I
& 2, U.S. Highway 77, Denton, Denton County, Texas for the U.S. Highway widening project;
and authorizing the expenditure of funds therefore.
Rick SvehIa, Deputy City Manager, stated that this would be the first tract of land purchased for the
• right-of-way for US 77,
The followingordinance was considered: '
NO. 97-223
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A _
• REAL ESTATE CONTRACT WITH BOB E. TRIPP, TRUSTEE, DAVID E. • •
TRIPP, TRUSTEE AND CELIA TRIPP REID, TRUSTEE, FOR THE
PURCHASE OF APPROXIMATELY 1.302 ACRE TRACT OF LAND KNOWN
AS PARCEL NO. 39, PART 1 & 2, U.S. HIGHWAY 77, DENTON, DENTON
COUNTY, TEXAS FOR THE U.S. HIGHWAY WIDENING PROJECT;
AUTHORIZING THE EXPENDITURE OF FUNDS TIIEREFORE; AND
DECLARINGAN EFFECTIVE DATE.
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City of Denton City Council Minutes
August 5, 1997
Page 9
Young motioned, Brock seconded to adopt the ordinance. On roll rote, Beasley "aye",
Kristoferson"aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller
"aye". Mot ion carried unanimously.
25. The Council considered approval of a resolution to declare the intent to reimburse
expend itures for miscellaneous drainage projects with bond proceeds,
Rick Svehla, Deputy City Manager, stated that this resolution would reimburse the costs for bond i
projects from bond issues that would be sold in the future. Two weeks ago the Oversight
Committee had recommended spending the excess funds on the Spencer Road Culvert project rear
Mayhill.
The following resolutionwas considered;
NO. R97-033 f
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE
EXPENDITURES FOR MISCELLANEOUS DRAINAGE PROJECT'S WITH
BOND PROCEEDS; AND PROVIDINGAN EFFECTIVE DATE.
Beasley motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller '
%yc". Motion carried unanimously.
26. The Council considered approval of a resolution authorizing the City of Denton, as Trustee
and for itself, to solicit sealed bids from the public regarding the sale of real property; consenting to
the sale of certain real property to the highest bidder by means of public sealed bids; authorizingthe
Mayor of the City of Denton, Texas to execute a deed without warranty and any other documents
necessary or appropriate to convey certain real properly sold by the City of Denton, as Trustee,
pursuant to Section 34.05 of the Texas Property Tax Code. I
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Jon Fortune, Director of Budget, stated that in August of last year, a suit was filed on this property i
to collect back taxes. In June, the property was offered for sale but no sufficient bids were received.
This resolution would allow the property to be sold for an amount less than the judgement of the
Court.
The following resolution was considered:
NO. R97-034
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A RESOLUTION AUTHORIZING THE CITY OF DENTON, AS TRUSTEE
AND FOR ITSELF, TO SOLICIT SEALED BIDS FROM THE PUBLIC
REGARDING THE SALE OF REAL PROPERTY; CONSENTING TO THE
• SALE OF CERTAIN REAL PROPERTY TO THE HIGHEST BIDDER BY • •
MEANS OF PUBLIC SEALED BIDS; AUTHORIZING THE MAYOR OF THE
CITY OF DENTON, TEXAS TO EXECUTE A DEED WITHOUT WARRANTY
AND ANY OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO
CONVEY CERTAIN REAL PROPERTY SOLD BY THE CITY OF DENT ON,
AS TRUSTEE, PURSUANT TO SECTION 34.05 OF THE TEXAS PROPERTY
TAX CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
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City of fknton City Council Minutes
August 5, 1997
Page 10
Brock motioned, Kristoferson 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.
27. The Council considered nominadonslappointmentsto the City's Boards and Commissions,
Mayor Miller indicated that Council Member Durrance had nominated Russell Elleven for the
Historic Landmark Commission. On roll vote, Beasley "aye", Kristoferson"aye", Cochran "aye",
Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1
vote.
City Manager Benavides appointed Popo Gonvalezto the Civil Service Commission.
29. Miscellaneous matters from the City Manager.
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City Manager Benavi des did not have any items for Council.
29. New Business
There were no items of New Business suggested by Council for future agendas.
30. Possible Continuation of Closed Meeting under Sections 551-071-551.085 of the Texas
Open Meetings Act.
The Council did not meet in a continuationof the Closed Meeting.
31. Official action on Closed Meeting items hold under Sections 551.071 - 551.085 of the
Texas Open Meetings Act.
T here was no official action on Closed Meeting items.
With no further business the meeting was adjourned at 830 p.m.
• JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
• JENNIFER WALTERS V
CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
August 6, 1997
The Council convened into a joint work session with the Planning and Zoning Commission on
Wednesday, August 6, 1997 at 5:30 p.m. in the Central Jury Room of the Denton Municipal
Complex.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Durance and Young.
ABSENT: Council Members Durrance and Young
I. The Council continued the review and discussion, schedule of topics, and gave staff
direction on Vision, policies, and the Comprehensive and Denton Development Plans.
Dave Hill, Director of Planning and Development, stated the scheduling of future meetings
appeared to have two parallel tracks that were recommended. One was for implementation and the
second was how to focus on the plan. Under implementation, the Council would be asked to
consider three items that included scenic corridors, park dedication and landscape regulations.
Scenic corridors would be considered at the Council meetings of September 23rd and October 7th.
Para: dedication would be considered at the Council meetings in Decemb&January and the
landscape ordinance would go to Council in January 1998. The lime frames were flexible with the
park dedication issue having the longest time frame. Other items such as development impact fees,
drainage policies and erosion and sedimentation control would wait for individual consideration
until the broader planning issues were addressed.
Council Member Young joined the meeting.
Hill continued that the plan had four different levels of efforts. The first effort was information
delivery in which three presentations were available to provide ideas for policy development
assistance. Three speakers were available for presentations to the joint group. A videotape library
was also available at the Planning Department for anyone who was interested in viewing planning
documents. The second effort was an existing conditions inventory. Staff had started assembling a
team to work with the DISD, UNT, NCTCOG and GIS databases to prepare a well-organized
information packet for City Council use. An outline of the data to be prepared would be distributed
to ensure that this effort was comprehensive. The third effort was forecasts/projections, Staff was
prepared to develop a request for proposal for the development of several forecasts needed to plan
effectively for Denton, should Council indicate support for such a task. Demographic projections,
lard use, demand analyses, and fiscal support impact analyses would be extremely helpful to
provide insight into Denton's position in the Metroplex market, and would enable consistent
interdepartmental coordination on several planning levels. A Development Policy Committee
made up of a staff committee of department heads would be assembled by the City Manager. The
Development Policy Committee would be assigned the task of staff-level policy coordination. The
coordination of interrelated policies and the assessment of the relationship between policy choices
and technical operations was needed to allow the staff, through the City Manager, to provide input t
at early stages in the planning process. The transition from the DDP to the new "Denton Plan"
would take time. A proper sequence of events must be allowed to take place if a good plan with
public support was expected.
Council Member Kristofersonasked where overlaydistrictswere in the process.
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Page 2
Hill replied that it was really a question of the definition of overlay districts. It could be a tool held
in reserve to see if it was needed to serve some of the policy statements.
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Council Member Kristoferson asked if it was no longer going to be discussed.
Hill stated that it had been put on hold until it coula' , determined the best place to address it.
Mayor Pro Tem Brock asked about scenic corridors.
Hill stated that scenic corridors dealt only with billboards. {
Jim Engelbrechtasked if overlay districts would be included in aesthetics planning.
}fill stated that it was in the policy document that the Council would consider.
Council Member Cochran asked about being more specific regarding forecasts and projections. He
had some questions about the economic nature of the growth and trying to establish what type of
growth the community needed to sustain itself. He would like to address the discrepancies between
the business and residential tax base.
Mayor Miller suggested checking with the Council of Governments for some projections and
forecasts for employment growths.
1 fill stated that staff had some ideas for a schedule of presentations and some implementation and
was trying to save some time to work on the actual planning process.
Mayor Miller asked for Council opinion on the schedule for track one. The second track dealt with
presentations.
Consensus of the Council was to proceed with track one for scheduling.
Mayor Miller stated that track two dealt with the schedule for presentations.
(fill stated that he had received five vision contributions. Ile would look for reoccurringthemes to
• put them together for a draft statement, Ile stated that the Vision and DDP documents were merged
and reorganized as per the recently suggested planning process. 7Tie document appeared to be
bottom heavy with most of the elements more appropriate at the comprehensive plan. There was a
lot of replication that could be eliminated. The rxisting conditions and forecasts phases needed to
be addressed as part of the plan if the desire to serve the public education need w-s to be fulfil led.
The policy phase might not be as comprehensive in scope as Council and the Planning mid Zoning
• Commission wanted. One policy item, land use, was rat listed among the other policy topics.
Council Member Beasley felt that the topics needed to be more general. She felt they were too
narrow for where they were in the process.
Mayor Pro Tern Brock stated that it would reassure the Council and the Planning and Zoning
Commission if a I ist of common ideas from the Vision process was included.
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August 6, 1997
Page 3
}fill slated that there was a need to find common links in the policy document. Those would be
subgroups to include with the major categories. He questioned if Council wanted to go through
some of those categories and list concerns/ways that Council would like to organize the policies.
He stated that there would be several types of transportation with a policy for each included in the
document.
Mayor Miller stated that the policy statements would look at congestion issues. The projections
would indicate how much worse conditions were going to be unless dollars were available to
correct the problems.
hill stated that it could be looked at in terms of public imestmentstrategies or in terms of how to
work towards private street dedications.
Mayor Miller felt that it needed to be related to projections and forecasts of growth.
Mayor Pro Tern Brock felt that there might be a problem going ahead as previously thought.
Mobility was more thanjust how many vehicles could be tamed on a street.
Council Member Young left the meeting.
Mayor Miller felt that there was a need to think through on impact of development cwt only in
Denton but also in other areas.
I fill stated that another area to look at was the trend that there would be a higher number of trips per
capita in single•purposezoning districts.
Council Member Cochran stated that an aspect to consider for the community was no long lines to
deal with at intersections and to be able to walk to certain areas.
hill stated that there were ways to look at different levels of service intemally within the city and
v tys to get in and out of the city.
Engelbrecht stated that he would like to see a policystatementwhich would monitor roadways both
secondary and primary arterials for a level "C" activity.
• ' Svehla stated that such a policy statement would be that the City was going to improve the internal
transportation of the city.
Bill suggested that too much time might be spent on certain issues. He suggested not using August
15th as meeting date but rather take time to develop a document for Council to review. Track one
would remain on schedule.
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Council Member Cochran suggested a panic dedication policy that would allow smaller parcels to be donated to the city.
Hill stated that that policy would be looked at from a new starting poirt. The public involvement
proposal would be more structured and would have all of the stakeholders identified and how to
involve them in the process.
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August 6, 1997
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With no further business, the meeting was adjoumed at 8:00 p,m. {
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JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
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JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON
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CITY OF DENTON CITY COUNCIL MINUTES
AUGUST 8,1997
The Council convened into a Work Session at 9:00 a.m. on August 8, 1997 in the Golden Eagle
Suite at the UniversityofNorth Texas.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
and Cochran.
ABSENT: Council Members Durrance and Young
Kathy Duflose, Executive Director for Finance, stated that the highlights of the proposed budget
included City Council priorities, increased public safety, drainage projects, a property tax rate
reduction, continued implementation of the technology plan, a self-supporting budget in which on-
going expenseswere balanced with reoccurring revenue and a compensation proposal.
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General Fund Reserve Level - in the past, Council set this level at IVIs of the General Fund
expenditures. This budget increased that level to 12,5% in hopes of placing the City in a positionof
a bond rating upgrade.
Use of One-Time Resources - With the increase of the fund balance to 12.50:, excess one-time
revenue would be used for drainage needs; building needs; vehicles and equipment; a reserve for
Research Boulevard; insurance and contingencies; and one-time compensation costs and '
miscellaneous costs.
Lales tax % Cent to Reduce Property Tax and a 1 Cent General Purpose Tax - a 5% growth was
projected over the current year. The new property tax value added almost $93 million. Existing
values increased $23 million for a total increase in 1997. The current property tax rate was $52840,
the rollback rate was 535534, the effective rate was S.51954 and the proposed rate of 5.51315
represented a 29% reduction and included an increase of the over 65 exemption to $25,000. The
proposed budge, included various increases in fees that were included in the budget document.
Pay_Pian - it was proposed that Civil Service employees would receive a 4% increase on October 1,
an 8.511% increase on April 1, 1998 and normal step increases during the year. Non-Civil Ser-Oce
employees would receive a 4% increase October lst, a change in minimum rate of pay from 80 to
9019 of midpoint on May 1st, an average 3% PRI increase, and all employees would be brought to a
new minimum or a 4% increase, whichever was greater, on May 1, 1998. The TMRS benefit
• adjustment would include a 20 year any age retirement option.
Public Safety Features - federal grants were included in the budget to hire nine new police officers
and purchase mobile data computers and enhance the DARE program. 5485,000 in certificatesof
obligation would be issued to improve the Central Fire Station, install an early waning A.M. radio
station and hire an additional fire inspector.
Vehicle - a vehicle/equipment replacement criteria was established in 1994 which included high
mileage/high hours, high maintenance costs and economic life. The proposed budget included
funding to replace 54 units of which 36 were included in the General Fund at a cost of S257,634.
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August 8, 1997
Page 2
Facilities - funding was included to renovate the cooling/heating system at the Martin Luther King,
Jr. Recreation Center, renovate the coolinglheating system at the Service Center, miscellaneous
Service Center renovations and furniture and renovation associated with Phase 11 of City Hall j
renovation.
Public Transportation Funding - SPAN had experienced a 43% reduction in federal funds since
1996 and the routes were changed in 1996.97. Funding was sought from COG and Tx DOT and the
1997.98 proposed budget included 5129,145 for SPAN.
Drainage - a 58% increase in operating funds was proposed in the budget, flood response
equipment and overtime was included. $260,000 in certificates of obligation would be issued to
purchase a flood warning system and automated flood gates, five new positions were proposed, a
safety program, and a dedicated dumpster and landfill charges for a street sweeper.
Small Neshborhood and Comprehensive Planning -the Planning Department was undergoing a
departmental reorganization. The development review, process, comprehensive planning and small
area planning would be considered during the next year. Anew planner position was proposed
along with the reclassification of two part-time Keep Denton Beautiful positions to one full time
planner.
Long-ramie Technology Plans - the proposed budget included the acquisition of mid-range
computerslsoflware,a LAN administrator, and an expansion of the City INTERNE7'services.
Capital Improvement Program - the proposed budget took the five year plan approved by the voters
in 1996 and changed it to a four-year plan. The final year of the plan was moved to next year. This
would require debt service for the next two years.
Positions for the General fund - proposed positions included nine Police Officers, one Fire
Inspector, five Service Maintenance Workers in drainage, one Librarian, one storm Drainage
Engincer, one Right-of-Alay Technician, one Public Transportation Administrator, one Planner,
one Service Maintenance position in Facilities Management, one LAN Administrator in
InfonnationServices. Changes in positions included one reclassificationtoLibrarian, onepart-time
Clerk would be made full time in Planning and two part-time Clerks would be made into one full
time Planner, one half-time Clerk in the City Secretary's Office would be made full time. Positions
eliminated included four full time employees would be eliminated from Park Maintenance and
associated work would be contracted, one half-time student aide would be added to Customer
Service, one Human Resource Generalist would be eliminated and associated work would be
contracted.
• Other Services - extended library hours, books and materials and vehicles, Airport grant funding, a • O
mower and sweeper, funds for Research Boulevard, visualization, a City of Denton newspaper half-
page ad each rr anth, and human service agency contributions were proposed. Parks and Recreation
would have increased park and median maintenance, funding for the IMAGINE program, a
relocation of the Union Pacific Railroad depot, contract restroom cleaning and litter removal. The
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August 8, 1997
Page 3
City would also join the Texas Cities Legislation Coalition. Wer services included a City
Manager contingency, cable television to televise the Planning and Zoning Commission meetings,
and funding to the Denton Chamber of Commerce at their requested level.
Hotel Occupancy Tax Funding -the 1997.98 proposed allocation funding to fifteen organizations to
promote tourism, additional hotel occupancy tax reserve allocation, and a contractual carry-forward
balance. There would be one-year contract allocations based on a percentage with an amount not to
exceed a cap.
Council Member Young stated that the general budget wa. 2 od. He did not like the dumpster fees
but when looking at area cities, Denton was still lower in cost.
Council Member Cochran stated that he would like more information regarding the visualization
program with the University. He also asked about the proposal to replace Park staff positions with
contract labor.
DuBose stated that these would be on-going contracts. They were positions that were not easy to
keep filled and would be contracted out.
Council Member Cochran asked about progress of the Chamber of Commerce to match funds given
by the City.
City Manager Benavides stated that the Public Utilities Board and the Chamber had worked out a
provision in the contract for future funding and the Chamber would match the City's funding. This
contract would be brought to Council the first part of October for consideration. The entire funding
and contract would stay the same if the General Fund made up the difference.
Council Member Beasley felt that it was good to televise the Planning and Zoning meetings. She
asked how much it would cost to replay some of the meetings each week. She felt that it would be
a good idea for City Council meetings. She was concerned about reducing the tax rate and whether
the sales tar rate would be good.
City Manager Bena fides stated that a 5V2% increase had been budgeted. But if the sales tax did not
• stay there, cost savings measures would have to be implemented.
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Mayor Pro Tern Brock asked about the cost of transfers and street fees. She questioned the
relationships in other cities and how those related.
Council Member Young expressed concern about the fees charged at the Fred Moore Park ball i
• park. Before the last fee increase, there were many playing at the park. Now that was only one • •
tournament a year as the fees were too high.
DuBose stated that that was done by the athletic leagues and not done by the City. She continued
that the follo,, ing agencies would be receiving two-year contracts for hotel/motel occupancy tax
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August 8, 1997
Page 4
funding the Convention and Visitors Bureau, the Greater Denton Arts Council, the North Texas
State Fair Association, the Denton Historical Museum, the Denton County Historical Foundation. `
The following organization would receive one-year contracts the Denton Main Street Association,
the Denton County Amphitheater Association, the Denton Festival Foundation1, the Denson Black
Chamber of Commerce, the Denton Hispanic Chamber of Commerce, the Denton Historic
Landmark Commission. First year of funding would go to the following organizations the Denton
Community Theatre, the Denton Holiday Festival Foundation, Friends of Denton County History,
Inc„ Scholars PhairFoundation ofTexas, Story Oling,UNTAthletics.
Council Member Young stated that he would like to look at the funding for the Denton County
Historical Museum as they received a $10,000 decrease and the Denton County Historical
Found ationwould not be receiving any funding.
DuBose stated that there were three items the Committee considered. Those included the
piomotion of tourism; one year contracts allowing, in a year, the ability to reassess those
organizations; and an allocation based on percentagesup to the budgeted level,
Council hfember Young motioned that the Museum, the Foundation and the Fair Association be
funded at the same level as last year.
Council Member Cochran stated that if that were done, other organizations would have to have a
decrease in funding.
DuBose replied correct
Council Member Young stated that the reserve funding could be used.
DuBo.se stated that the reserve was only $22,000.
Motion died for a lack of a second.
Council Member Beasley agreed that there was a need to look at the agencies and the philosophy of
giving out funds. There was also a need to look at staff time associatedwith these contracts.
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Mayor ProTem Brock suggested considering three year contracts with annual reviews.
Council Member Kristoferson questioned the one year contracts. '
DuBose stated that those were used to be able to reassess the organizations on an annual basis on
• what each entity had done during the year. It could also be used to assess new agencies. • •
Council Member Young asked if these were the figures that would be set for the organizations.
DuBose stated that that was up to the Council. This was the Committee recommendation.
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August 8, 1947
Page 5
Mayor Miller stated that there would be no decisions made today. There would be no final decision
but rather a recommended place to begin.
Council Member Durrance arrived at the meeting.
DuBose continued with th. utility side of the budget There was no increase in base rates for
electric. Position changes in the Electric Department included the net elimination of .75 full time
equivalent positions and a transfer of 3.3 full time employees to the new Communications Fund.
Division changes included a new internal service communications fund, the elimination of the
meter reading and dispatch divisions to create a new Marketing Division. The proposed return on
investment/franchise fee included a 3.5% return on investment and a 41'6 franchise (street rental)
fee. Debt requirements for the Electric Department included $4 million in bonds to improve the
transmissiom'distributionsystem over the next three years. There were no base rate changes in the
water rags. A study was proposed for water connect and installation fee adjustments with no final
recommeedationat this point in time. Position changes included the elimination of four full time {
employees. Return on investment/Imrichise fee included a change in return on investment and
franchise fee transfer to have it similar to existing franchise agreements with private companies.
Debt requirements included possible Ray Robertswater supply debt refinancingat $334 million.
Council Member Beasley asked about water taps in the budget.
Bob Nelson, Executive Director for Utilities, stated that this budget was proposing to increase
water/sewertap fees. These fees had not been adjusted in four years.
DuBose continued with the wastewater proposals. There would be no increase in t*- base rate with
connect and installation fee adjustments. Position changes proposed would be a net eliminationof
seven full time employees. The return of investment/franchise fee included a change in the return
on investment and franchise fee transfer, similar to existing franchise agreements with private
companies. Solid Waste positions would net an elimination of one full time employee. The
franchise fee would increase from 3% to 4% similar to fees charged to private companies. Solid
Waste Long Term Strategies included having each solid waste operation be self-supporting, fees
based on cost of service, being competitive with the market, encouraging larger du_mpster/less
frequent pick ups, phasing out two yard commercial dumpsters, encouraging customers to select no
• more than three times per week pickup, and schedulingall permanent roll off pickups for Tuesday,
Thursday, and Saturday. The solid waste proposed rates increased dumpsters 4.500i0, open tops i
180:, temporarydumpsiers 4.50°/., and compactors t4%.
Council Member Young felt that citizens should be able to use the landfill for free. Citizens were
already paying taxes for the landfill and should not have to pay again.
Howard Martin, Director of Envirortnxntal Services, stated that there had been a change from the
smaller to larger dumpster and from more time per week to less times per week as desired with the
rate change. Denton currently had the lowest rates of all area cities. Even with the rate increase,
Denton would still remain low. There were optionswhichthe individualscould use to lowercosts.
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August 9, 1997
Page 6
Mayor Miller suggested that Council wait for a recommendation from the Public Utilities Board
after they reviewed the rates.
Council Member Cochran suggested coordinating amnesty days with Keep Denton Beautiful for
individuals to bring items to the landfill. He suggested working towards equalizing the imbalance
between the residents and the commercial accounts. It was a question of allowing outside users to
use the landfill.
D uBose concluded with the proposal for Fleet Services that would eliminate one full time
equivalent. Staff would research any questions that the Council had raised during the meeting and
provide any additional information requested. k
With no further business, the meeting was adjourned at 2:20 p.m.
JACK MILLER, MAYOR
CITY OF DEMON, TEXAS
JEANIr~ h. I
CITYSrk-.,'_._.KY
CITY OF DENT 1N, "a XAS
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Agenda 10
Agenda Item
Date
City Council Report
To: Mayor and Members of the City Council
From: Mike Jez, Assistant City Manager of Operations
Date: November 4, 1997
Subject: An Ordinance Affacting Participation of City Employees in the Texas Municipal
Retirement System Granting the Additional Rights Authorized by Section
554.202(g) of Title 8, Texas Government Code, as Amended; and Authorizing an
Effective Date.
Recommendation: It is staffs recommendation that the City Council conduct a public hearing
and adopt an ordinance to meet the requirements of adopting a 20 year retirement option with
TMRS.
Background: On September 2, 1997, the City Council adopted the 1997/98 budget which
included an enhancement to the Texas Municipal Retirement System (TMRS) retirement options. '
This enhancement would allow employees to retire alter 20 years of service at any age. A
requirement to complete implementation of this enhancement is to conduct a public hearing and
adopt an ordinance. The enhancement would be efrective January 1, 1998.
'I he City of Dolton has continued to seek ways to attract and retain quality employees into the
organization. Included with the 19,97198 budget adopted by the City Council was an
enhancement to the benefits package that would allow employees to retire from the City of
Denton after 20 years of service with no age requirement. Under House Bill 2168, three
requirements must be met before adopting this provision: 1) that TMRS first prepare an actuarial
study of the cost for the city to adopt this provision, 2) the City hold a public hearing pursuant to
the notice provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government
Code, and 3) the City adopt this provision by ordinance. it
TMRS has conducted the actuarial study and has indicated the additional cost for this provision
%%ill be 40.380"a of payroll. The total contribution rate into TMRS will increase from 10,21% in
1997 to 10.410,e in 1998, The purpose of this public hearing and consideration for adoption of
ordinance by the City Council is to meet the other two requirements of this provision.
Programs, Departments, or Groups Affected: All regular full-time and part-time employees
A parti.ipating in TMRS wilt be affected by this program. • •
Fiscal Impact: As stated above, the cost for this provision will be +0,38% of payroll. The total
contribution rate for 1998 will be 10.415:. This will impact the general fund by approximately
$46,502 in the 1997/98 fiscal year. The impact on all funds is approximately $81,628 for fiscal
year 1997198.
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City Council Report
November 4, 1997
Page 2
Please advise if 1 can provide additional information.
Respectfully Submitted
Mike Jez, A scant City Manager,
Operations
Prepared by:
Paulette Owens-Holmes
Paulette Owens•Holmes, Director,
Human Resources
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Texas tlfunicipal Retirement System 1200 Noah Intemwe 35 $12116-7577 i
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P O Box 149153 WO-924-8677
P.uxle. Texas 78714-91S3 Fax: 512476-M F _
September 25, 1997 ;
VIA FAX: 940134941M
AND U.S. MAIL
Ms. Mary Ann Fulgium
Assistant Director of Human Resources
City of Denton
601 East Hickory Street, Suite A
Denton, Texas 76201
Dear Mary Ann:
House Bill 2168, recently adopted by the Legislature, provides that cities can adopt retirement
eligibility at any age with 20 years of service credit. The Bill requires that TMRS first prepare an
actuarial study of the cost for each city to adopt this provision. Second, the Bill requires that lire
City hold a pubic hearing pursuant to the notice provisions of the Texas Open Meetings Ad,
Chapter 551 of the Texas GovernmeM Code. F•n0y, the Bill requires thal the City adopt this
provision by ordnance.
The System's actuary has prepared ft actuarial study for the City. If the City ebets to adopt .
the 820 year any age' retirement etiptbllity, the additional cost for this provision will be ±Q„H%
of payroll. If the City adopts this additional benefit, the contribution rate for 1998 wig be r
+a•41x.
If your City would like to see the effect 20 year any age retirement would have on an
employee's retirement benefit, we recomrnend that you select 4 or 5 representative employees,
and allow us to prepare retirement estimates for those individuals.
If we can provide any additional information regarding this or any other TMRS plan
improvement, please feet free to cap on us.
Sry i
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Eric W. Davis
Assistant Director, Member Benefits
EWO7dh
Enclosure
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ORDINANCE NO.
AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS
MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS
AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS
AMENDED; AND AUTHORIZING AN EFFECTIVE DATE.
WHEREAS, in accordance with Section 854.202(g) of the Texas Government Code, the
City Manager has prepared, at the direction of the City Council, an actuarial analysis of City
employees who are members of the City's public retirement system annuities at twenty years of
service; and
WHEREAS, prior to the adoption of this ordinance, the City Council held a public
hearing on the adoption of Section 854.202(8) of the Texas Government Code allowing members
of the City's public retirement system who have at least twenty years of credited service to retire,
and the public hearing was held in compliance with the notice provisions of the Texas Open
Meetings Act, chapter 551, Texas Government Code; and
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WHEREAS, the City Council deems it in the public interest to adopt the provisions of
Section 854.202(8) of the Texas Government Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS 14EREBY ORDAINS:
SECTION . That pursuant to the provisions of Section 854.202(8) of Subtitle G of Title
8, Texas Government Code, as amended, which Subtitle shall herein be referred to as the "TMRS
Act the City of Denton, Texas, adopts the fcllowing provisions affecting participation of its
employees in the Texas Municipal Retirement System (herein referred to as the "System'):
(a) Any employee of the City who is a member of the system is eligible to retire and
receive a senice retirement annuity if the member has at least 20 years of credited service in the r
System performed for one or more municipalities that have adopted a like provision under
Section 854.202(g) of the TMRS Act.
(b) Prior to adopting this ordinance, the governing body of the City has: (1) prepared
an actuarial analysis of member retirement annuities at 20 years of service; and (2) held a public
hearing pursuant to the notice provisions of the Texas Open Meetings Act, chapter 551, Texas
Government Code.
(c) The rights hereinabove authorized shall be in addition to the plan provisions
heretofore adopted and in force at the effective date of this ordinance pursuant to the TMRS Act. • •
I ULTION 11. That this ordinance shall become effective Januaryy 1, 1998.
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PASSED AND APPROVED this the day of 1497•
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JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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Agenda No.
Agenda Item 7
- "
ORDINANCENO. Dail
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
lave 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
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WHEREAS, the City Council has provi0id in the City Budget for the appropriation of Rutds
to be used for the purchase of the materials, equipment, supplies or smices approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION-1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER -NO VENDOR AMOUNT
2106 ALL THOMAS do BETTS CORP. S32,916,00
SECTION H. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 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 wTitten contract which shall be attached hereto; provided that the wTitten
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted. ♦ •
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SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as ;
authorized herein. !I
SECTION-V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED ais day of 1997.
JACK MILLER, MAYOR
c
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
;
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
- -
SU"tY,ORD
i 0
I,
2
- ~l ~ ~r1,~ ~ ;..y 11f. <1ti F.]rJ`r/.,~~ ~N}'+f i l` ~~,L '
i
•
DATE: NOVEMBER 4, 1947
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, AsSiSW-it City Manager of Finance I
SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
(BID 0 2106 - WEATHERING STEEL POLES)
RECONLNIENDATION: We recommend this bid be awarded to the low bidder meeting
specification, Thomas & Betts Corp., in the total amount of S32,916.00.
BACKGROUND: This bid is for the purchase of steel poles to be used at the intersection of E
University and Ma)-hill as backup for Loop 288 and as miscellaneous angle poles (where doN%n guys j
cannot be used) . These poles are treated with corrocote so as they age they look the color of the stood
poles.
Four bid proposals were received in response to twenty-six bid packages mailed to vendors.
1
PROGRAMS, DEPARTMENTS-OR GROUPS AFFECTED: Electric Distribution, Electric
Utilities, Electric Customers of the City of Denton
FISCAL IMPACT: Budgeted funds for 19,97 for overhead construction, account 610-103.1031- /
3640-9218.
Attachments: Tabulation Sheet
Memorandum from Don McLaughlin dated October 9, 1997
Respectfully submitted: nn
~LL7C1M.~ ~tt~s b
Kathy buHQse
Assistant City Manager of Finance
Prepared by:
Name: Denise Harpool I
Title: Senior Buyer
nos ed: -
• O
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
351.A~E~'CA
i
3
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u.
..-...,:a•.MrY'L`1~titte:o►M.+•~.._.._.,.. _:_....a._-...~,a.w~....r.~:rC~w.-.;. _
BID 0 2106 {l
BID NAME WEATHERING STEEL POLES TE51PLE SUNLNUT TTIOMAS A VALMONT }
MFG. BETTS iirr
OPEN DATE OCTO{ER 7,11!7 E - '
V1 NDOR VENTER VENDOR ~'FNDOR -
VYSATWTANG ST M POLES
1. 6EA MILPOLLOCI-WMaTJ'tMQDWAT SLWA sIMm s1,3N.N SIA"100 _
2.6E\ %TIELPOLi.tVCIASSMLTJtMU"LVT S2a27.10 _ 514" SIJ390 - 61,512w
3. 3E1 ntILPOLLAMA9MLTft14MXM 52.36100 51.7)fw SI«71,N StS31N „ ,
6EA STIELPOLL WLAWLT8tMKVMVff SI+KO.w____-Sl,J22.w -___St,I1S.M St.l!}.~o
t
S. 2EA 5Tt9LPC.LL9rCLWM&VSMKDMU+rr---- -Sl15200 -_SJ217`00-._ Sl.ns,10--- SLK7_w ;
6.3EA-_ ST99LPOMSrCIASSHLCrt"MWV4T DELIVERI' M" DAPS 9! DAIS 64 %V Ks 14 WKS
NO 23D RESPONSES
\V M DVSE.NERRV
PR1ESTtdlt
i
1
i
To: Denise H
arpool, Senior Buyer , . .
From: Don McLaughtiin, Senior Engineer -
Eiedric Engineenny
Date: October g.,1997
Sub : Evaluation of Quotation on bid A 2106
Please award bid 2206 to the low Bidder Thomas and Betts.
The bid evaluation sheet is attached.
Sinn /t~C/
Donald L. McLaughlin
"
i
5
:
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•
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Bid Evaluation Weathering Steel Poles 2108 II
Description GuwMty t
Temple summit Thomas 6 Betts va4nont
45 foot H4 4 2880 11520 1955 7820 1379 5518 1868 6672 }
45 loot H3 6 282 18 1 11 70 1339 8034 1 I
45 foot
M2 2 3 1 7 138 12 wl
70 1
4510012 6 1 11 1 1195 7170
1 gyg
50 1001 H4 31 44 4 1 1557 3W4
50 toot F U'3 f 944 161 1 g
$61,321 $42,938 $32,916 $37,222
C,aiva Od
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w~. i \..5 ~ ~ y5'•.~ ~ 3 _ ~ i1 \ia i'• r ~.q#~•~ ifr is i S 4
Y rT~r y r 1 r
• ','KV ~aY Hsi 1'r ~li}-r rt'~° X31. (~yi, s M1 t r
•
•
i
I
Agenda No. 9 g j
Agenda Item
ORDINANCE NO. Dare
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 tabuIated competitive bids for the purchase f
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:
S£CIION.I. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
2112 ALL POWELL INDUSTRIES, INC. 566,825,00
SECTION.ll. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting tte bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting approved and accepted items and i
of the submitted bids wish to enter into a formal wrinen agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract wfdch shall be attached hewo; 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. • •
I
SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids. the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or purst-r A to a written contract made pursuant thereto as E
authorized herein. f
SECTION Y. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1991.
JACK MILLER, MAYOR t
f
i•
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY'
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: _
SCPPLY.ORD
0
1
1 '
Z
• ~ 1 Y + 4 I'l \ , .''1'1 ~ ,fit 'V l it l! ~ tY~ .
_ _.~.r IrYM ~ t ' -~1 a ''/u~ .l6'..• ~~'•'Fta+{ 4 i
DATE: NOVEMBER X4,1997
CITY COUNCIL REPORT
TO: Mayor and !Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES
OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING FOR AN EFFECTIVE DATE. (BID # 2112 - REPLACEMENT OF
15 KV CIRCUIT BREAKERS)
RECOMMENDATION: We recommend this bid be awarded to the lowcst bidder. Powell Industries, Inc..
in the total amount of 566,825.00.
BACKGROUND: This bid is for alt labor and materials necessary, in the replacement of five 15 KV circuit
breakers tthich are located in the North Lakes Substation.
This is an ongoing CIP program which began in 1995. The five replacement breakers from this bid %%ill
complete the change out program. 1
Four bid proposals were received in response to twenty-seven invitations to bid mailed to prospective vendors.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Substation, Electric Utilities.
Electric Customers of the City of Denton. l .
FISCAL IMPACT: Budgeted funds for this project come from 1998 account #6I0-132-1032-3620.9217.
C15KV08A.
Attachments: Tabulation Sheet
Memorandum from Ray R'e11s dated October 20, 1997
Respectfully submitted:
a u
Executrvc D ector of Finance a
Prepared by:
fv me: Wise arpoo r
Title: Senior Buyer
Approved: i
• ti •
Name: Tom w, .
Title: Purchasing Agent
957.:.Gc'V. DA ~ .
3
f.
BID M 2112
BID NAME REPLACEMENT OF 1SKV (VCR) ELLIOTT INDS PACIFIC POWELLS
BREAKERS ELECTRIC POWER EAEAKER r Lro i
DtST SYSTEM
OPfN DATE OCTOBER 11,1997 SERV C
_QTY----- DESCRIPTION VENDOR VENDOR VENDOR VEN7DOR
S EA REPLACE 15 KV (VCs) VAC11'V1
CIRCUIT BREAKERS St"49 EA $13,947 EA S13,7M EA SIIXS EA
TOTAL $79,71106 S69,735.M SWIM" Sf{823.00
FIANIF.ACTLWP-- WESCO POS cum" PONTLL
HA MER
DELIVERVAJLM $-toWEEKS _-10-12 WEEKS 9-16WEEKS 90.200A1S
NO BID RESPONSES
PRIESTER SUTPLV
PREFERRED SALES t
i
1
n f ' r 3♦ I L i i d t' elf a !,7
~ YIt •..rr~S~fS 'rla +•r'~ r, ~~~a , R 1a .~,,,~k,}a. ,0-`,r 4~T ~~~M~ G7 '.Sq tv~ ~ i ,1
- - ~cFrr ~L'~ti
•
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E
CITY OF DENTON, TEXAS
MEMORANDUM
TO: Tom Shaw, Purchasing Agent
Thru: Ray D. Wells, Superintendent
Substations/Metering/Ccwc=lcations
Froml- Daniel Scott, Foreman Substations
DATE: October 20, 1997
SUBJECT: Replacement 15 Kv Circuit Breaker■ Bid # 2112
wwwwss ww sssw wswwsww sssswwasssw wss+s.wzwa s awsssasw as
. r
After evaluating the bid, we recommend award to Powell
Industries, Inc. for five 15 KV VCB Circuit Breakers. The reason
for recommendation of bid to Powell Industries, Inc. is low bid
meeting specification. Powell Industries, Inc. will deliver
F.O.B. Denton, Texas in 90-120 days A.R.O.
I recommend that we award the bid to Powell Industries, Inc. at a
price of $66,825.00.
j
Respondents were as follows:
• Elliott Electric $79,745.00
Power Distribution Systems $69,735.00 r
Pacific Breaker Systems $68,900.00
Powell Industries, Inc. $66,825.00
Priester Supply No Bid
Preferred Sales No Bid
'Dedicated to Qualm Son we"
S
t
tom.!, K..t. .
1~~Y Cif'CLtt $rNliK t:Vltuatit)t1$iN•t , .
OW A: 2112 Paps 2 '
NO NAME: R""Cw ant ti W (We) Ck=* Orsslows
Bw OPEN: October 20,1 NT
EvolusUon W. CanW Scott - Foremen SubsWOOM
Cost EvakorUon SunMr y TabM
Dls&budon INaska Powed
EMM Ssrvkss, SrMmst mudrNs. Pfkdw Ptslsrrsd
Eisctrk bw. Lia. bw. supw Santa
Old Prig m.tie oo S0,735 M sreoo 0o r»s as oo No sre No ant -
AAalwhot" l,~ss Pos 1 OMW PowM No eld No ew
(Daywy A. FL 0. 1 to Wwk; 10112 V p I. 110 Von" 9011'0 T%14 MWokm No Wd
. i
F
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Agenda No -
Agenda Item
ORDINANCE NO. Defe - - j
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 due procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee his reviewed and recommer.-_d
that the herein described bids are the lowest responsible bids for the materials, equipment. supplies
or sett ices as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION.I. That the numbered items in the following numbered bids for materials,
equipment supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER -NO. VENDOR AMOUNT
2113 ALL GEC ALSTMONI S 63,600M
SECTION II. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons 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 III. That should the City and persons submitting approved and accepted items and _i
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and _
• specified sums contained in the Bid Proposal and related documents herein approved and accepted. ® • •
1 ,
j
SECTIONIV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council herby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids of pursuant to a written contract made pursuant thereto as
authorized herein.'
SECTIQNY. That this ordinance shall become effective immediately upon its passage and
approval.
1
PASSED AND APPROVED this
JACK MILLER, MAYOR
ATTEST: c
JENNIFER WALTERS, CITY SECRETARY
I ,
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: -
SL' PKY, MD
I
2
r ~
S~
4 t~
•
•
DATE: NOVEMBER 4, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, L
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BUD
02113 - REPLACEMENT OF 69KV BREAKERS)
i
RECOMMENDED: We recommend this bid be awarded to the low bidder, GEC Alsthom, in the total
amount of S65.600.00.
i.
BACKGROUND: This bid is for the purchase of two replacement 69KV, outdoor type. SF6 Circuit
Breakers.
The t%%o breakers to be replaced are at the North Lakes Substation. They were installed in 1974. These
breakers are type 1TE OCB (Oil Circuit Breaker), 69 KV (69,000 volt).1.200 amp. The breakers are old and
the maintenance cost averages about $1,000 per year. Parts for these breakers are hard to find. The existing I
OCS's are borderline in their fault current clearing capability. By going through with the replacement, it
increases the reliability and integrity of the 69KV loop.
This change out is part of an ongoing CIP project which started in 1992 to run through 2002 to replace two
breakers per year. We have installed 12 of the 21 breakers in this project.
Four bid proposals were received in response to thirty two bid packages mailed to vendors.
PROGRAMS, DEPARTMENTS DR GROUPS AFFECTED: City Electric Production Department and
Citizens of the City of Denton,
FISCAL IMPACT: Electric Substation budgeted funds for 1999, account 0 610-132.1032-3530-9217.
Attachments: Tabulation Sheet
Memorandum dated October 16, 1997 from Ray D. Wells
Res fully sub fined:
Rath} AssiuatttCity Man3gerof Finance
prepared by:
Name: Denise Harpool
Title: Senior Buyer
• A roved: + . •
Name: Tom D. Shaw. C.P.M.
Tide: Purchasing Agent
3.9,a:EBCA
{
3
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• ~ .Y;'~f am. r ~ 1~ r. .:i fill-Tv r!' i ter:
•
BID 0 211) _
NDSAME REPUCCVIEVTOF69KV GEC TVESCO MITSUBISHI SMENS r `
BREAKERS ALSTNO%I ELECTRIC
OFEN DATE OCTOBER 14, H97
DESCRLMON VENDOR_ VEISMOR__-- VENDOR-VEA'DOR
h
1. 2 EA REPLACE 49 KV CMCNT BREAKER SIM" EA SA434 EA 532,700 EA 5311'+8 U l
SK, OITDOOR TITS 116_SAN-66 STLUI A0 S6&4*.N ".00
GEC
MA.SUFACTGRER: ALSTHOM ABB MIT •`JNSHI SEIMEM
DELIVERY AA O. 16.20N' 21 WKS 36 R'KS 14.10 KS
NO BID KESPOSSES
Y
TEMPLE
PRIESTER SUP'LY-------------^
4 ♦ J
„ e_5 _,E.,. ei~T ~ Y +t, .tiai J .'1.` ~r•.Yr ~'M,~~.;k f+ M1yTn,~-~ 2Y~1,y 'i!#.
i - S. x„,"! o- +f ~ rya" C~y ~ y f _ 0 1
1
,
CITY OF DENTON, TEXAS
f.
I
MEMORAMUM I
TO: Tom Shaw, Purchasing Agent
Thru: Ray D. Wells, Superintendent F'
Substations/Metering/Com unications
From,5 Daniel Scott, Foreman Substations
DATE: October 20, 1997
SUBJECT: Replacement 69 Kv Circuit Breakers Hid # 2113
aarrsrrrrrrrrrrrrrrrrarrfssr~rsarrrrrarrrrr rams...... =r rr..rrrrr
After evaluating the bid, we recommend award to deC Alsthom for
two 69 Kv SF6 Circuit Breakers. The reason for recommendation of
bid to GEC Alsthom is low bid meeting specification. GEC Alathom
will deliver F.O.H. Denton, Texas in 16-20 Weeks A.R.O.
I recommend that we award the bid to GEC Alathom at a price of
$65,600.00.
Respondents were as follows:
• Priester Supply No Hid
GEC Alathom $65,600.00
Wesco $720868.00
Mitsubishi Electric $65,100.00
Siemens $62,180.00
1 •
Tedkoied to QwLn Semrce"
S h
f4 4,
'67 %
•
•
OY my wrew utwww tviluMbm SMMt
BID t 1113 Page 2
BID NAME: Replacoment 91 W Cksuft SMk*m
BID OPEN: October 20, 1197
Evaluation by: Danlel Scott - Foreman Substations
Cost Evaluation Summary T"Ie
Mftublshl
Supply Alstiiom VWsco Electric ashmns Umple
Bid rlu No OM SU,sos.00 SM1164.00 $"A MC* "J,1110,00 No Md
Manuhctum No aM GEC Akftmw AM Elactil. eMnMm No am
DTefN A. R. O. No am 1a ze vv..aa 21 waaaa V"M$ w1a Weeks No aw
MIT-
F.O.B. Denton, Taus No Sw Caepawrt Con~ IC*W~ COMPUM No Sid
Nominal rage, v,
RMS No aM Core Canparn CornPdwft No Ow
Kited Maximum
Volta , Ky. RMS No Sid Coopawt paint Co"sant cow~ No Sid
0
Factor, K Noah caaownt Cmapawt Con~ CoMOWA No ow
MUM n
Current, Amperes,
RMS, s0 KZ No Old Coff~ Conn eompawd Cony No aw
Kama anion UWtun
Curmnt, KA, RMS, I
8 I No aw Comment COW*f@M Can No aw
ntrrru ptl no
Time, lee No eM COMPSW* S2!!&" canpa:nt No am
or Closing, db@30 NON
Feet No Old Con~ Caepaant CompUM C*mpaent No Md
Temperature, wfVWA
Maters No SM Coa+ C No aw
Bushing Minimum. NON
70 Inch cresp Noah M COMPUM CompeaM pSatM No Ow
Current Tmnstormeh No aw Canparrt C"neRmA pll M caepaaM No aw
RUN mum NON
M and No aid core Camplent Compgnt orapaaM No am
tame and Painting No Sm ompaaM CowpOwt CompOem Caappnt No Sw
Control Cabinet No eM Comp"V CompIllent CampWrt CanplaM No Sw
I
ConVols an
Termfnal Blocks No aw Cowyknt Compoem Compsom No aM
3tored nergy
Mechanism NOW COMPUM Co M Wahl
Control Vottap" No aM Compaant ]COMPIldint Canpaard No am
~ • ~
• ea! Requirements Now nt Compaant "cow
Drawings No Sid p"M Comp"M ~ CoA,paaet Me am
Cla Tools NO OM C*M~ Compoent ComaaM Compartt MOON
Spare arts rwaw Comoaant Corn Caff*Mnt CompMrA Noeid ;
a n nancTe
Schedule No Ow CanpaaM CompeaM Compaant Colnpa~nt SM
6
OWN
•
I
69 Kv Circuit Breaker Evaluated Exceptions
Pare 3
Siemtns
Instructions to Bidders Item 4; All Material are to be Quoted FOB Denton,
Tests, delivery to the floor of warekouse, or as otker wbe indicted. poowrtmm
FOB Ant crew m ewria *EVVv VVW Raped dew&wio,c 1 NV& atb"WA TMW* WbNW
4.3 late.. pter Tanks: Int.mipter tanks of steel or aluminum comb ctiomart
acceptable. Interrupter tanks shall be one piece to minimize eke number of SF6 stab
to atsoosphtre. Steras~r tRSrrr~rare, teaktap rRa/e as o(tderc ,«ilai ee ieUedw teedAtr rs n+s~{r
one reek.
Mitsubishi Electric
Rating - Temperature, without beaters....40e. XttnrblsktElerriic-Ifutw+aw-3f~
4.1 Bushings - Bushing shall be extra-high strength porcelain with a minimum of
70-iach creep. MUP4 kl ELmic -!1 W* coca +
4.2 Current Transformers - The circuit breaker shall be equipped with two (2) two
bushing. The installed current transformers shag bees (ollows: 120013 molt-ratio
units orrelaying accuracy ciao C$W. Efamte -Offal Case cb.ar
ra~ra~e.~
Waco r
Rating - Noise Level, Tr,)ping or Closing, SS db at 30 feet ABB - AfeaaiwxpR
brrDMLfe sorel4ret o/fQ 1 ~ d SO led
f
4.3 Interrupter Tanks: Interrupter tanks of steel or aluotiaao constru lion ,re
acceptable. Interrupter tanks shall be out piece to minimise the number of SF6 sells
to Atmosphere. Manufartures supplying can aiuasluuas tanks Ann not allow the
tank manufacturer to impregnate tanks st a uhatt operation for porous tanks
ABB - Th r bremkas crf ate b9e7wsA MAI we 8w.ryw&ftt
• 6. Drawings Within 6 weeks of award of order, the manufacturer shall
submit to Purchaser drawings for approval. ABB-DromiRrrweu&ffdWtR
apfreiimdeb d week AJt 0.
7
•
•
Agenda No. 97-~'t6
Agenda Item /A
_f/
ORDINANCE NO. Date
t
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 CityManager of 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 imitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids: i
BID
NUMBER CONTRACTOR AMOUNT G
i
2109 ]AGOE PUBLIC COMPANY $774,924.00
SECTION-11. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City avid the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply tivith
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 III. That the City Manager is hereby authorized to execute all necessary written
contracts for the perform a'.ce of the construction of the public works or improvements its accordance r
with the bids accepted L rl approved herein, provided that such contracts are made in accordance '
with the Notice to Bidders and 3:d Proposals, and document relating thereto specifying the terms, f
conditions, plans and specifications, standards, quantities and specified sums contained therein. _
1
I
C
.r
SECTION IV. That upon acceptance and approval of the above competitive bids and the !
execution of comracts 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 V. 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
j'
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
I
BY:_ - r
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DATE: NOVEMBER 4, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: 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 tV 2109 - U.S. 380 UTILITY
RELOCATION)
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Jagoe Public Company.
in the amount of S774,924.00.
BACKGROUND: This bid is for all labor and materials necessary in the relocation of approximately 650
rect of 30" waterline, 1667 feet of 16" waterline, 364 feet of 12" waterline and 665 feet of 8" waterline. The
sanitary sewer that must be relocated consists of 193 feet of 16" steel sanitary sewer. 428 feet of 15" sanitan-
sewer, 250 feet of 10" sanitary sewer and 5 manholes. This relocation project is in the area of U.S. 380 and
Ma}hill. Texas Department of Transportation is planning U.S. 380 improvements and the relocation of these
utility lines must be done prior to that construction.
Five bid proposals were received In response to eighty-hvo notices to bid mailed to vendors.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water and Sewer Utilities, Engineering.
Citizens in the area of U.S. 380 and MayhiIl Road.
i
FISCAL IMPACT: Budgeted water and sewer bond funds for 1998 CIP, account # 675-082.RB96-V 502.
8563.
Attachment: Tabulation Sheet
Respectfully submitted:
at e
Executive rector of Finance
Prepared by:
•
Name: Denise arpoo
Title: Senior Buyer
Apprw ed:
z"
me: Tom Shaw, .
Title: Purchasing Agent
9i{.ACEFL`A
I,
3
1
-
•
BID N 3109
BID NAME US. 3N UTILITY RELOCATION I BOWLES C D PVGSLEY J C JAGOE SABER
CONSTRUCTION INC. EVANS PUBLIC DEVELOPMENT
OPEN DATE OCTOBER 14, 1997 CONSTRUCTION
M QTY DESCRIPTION -VENDOR11- VENDOR VENDOR VLNDOR VENDOR
1. TOTAL BID PRICE SM72COO _.S7NMtk9 S1~1q.SfLM ---$774XtH $971,433.00
YES YES YES
BOND YES YES
I
i
•
•
~ i
Agenda No.
Agenda Item.
Date
ORDINANCE NO.
t'
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CSTY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY
OF DENTON AND SCHRICKEL, ROLLINS AND ASSOCIATES, INC.; AND PROVIDING
AN EFFECTIVE DATE (IMP N 2077 - UPGRADE EXISTING PARKS PHASE II).
WHEREAS, Chapter 2254 of the Texas Govemment Code, known as the Professional
Services Procurement Act, provides that a City may not select a provider of professional services i
on the basis of competitive bids but on the basis of demonstrated competence and qualification and
for a fair and reasonable price; and
WHEREAS, the professional fees under the proposed contract are consistent with and not
higher than the recommended practices and fees published by the applicable professional association
and do not exceed an maximum provided by law; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the services set forth in the proposed contract; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: `
SECTION L That the City Manager is hereby authorized to execute on behalf of the City
of Denton, Texas, a professional services contract, substantially the same as the contract which is }
attached hereto and made a part hereof for all purposes, that provides services relating to
Architectural and Etsgineering Services as defined in Request for Sealed Proposal N2077 -
Upgrade of Existing Parka Phase 11, with Schrickel Rollins and Associates, Iac. In the aasount
of $42,875.00.
SECTION II. Ilsat the award of this contract is on the basis of demonstrated competence
and qualifications of the provider of professional services under this contract and the ability of such
provider to perform the needed services for a fair and reasonable price.
SECTION IN. That this ordinance shall become effecti%% Immediately upon its passage and
• approval.
PASSED AND APPROVED this the _ day of 1491.
• - • •
LACK MILLER, MAYOR
l 1
I ZOO I
I
j -
ATTEST
JENNIFER WALTERS, CITY SECRE'T'ARY
i .
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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DATE: NOVEMBER 4,1997
CITY. COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT
BETWEEN THE CITY OF DENTON AND SCHRICKEL, ROLL,INS AND
ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE (RFSP M
2077-UPGRADE EXISTING PARKS PHASE 11).
RECOMMENDATION: We recommend the contract for architectural services associated with the
Upgrade of Existing Parks Phase 11 be awarded to Schrickel, Rollins and Associates, Inc. in the not to
exceed amount of 542,875.00.
BACKGROUND: This contract is for professional services to supply survey, design, construction
documents, bid administration and construction administration for upgrade to Bowling Green Park, O Neil
Ford Civic Centa Complex and Nettie Schultz Park. Included are lighting, accessibility, picnic shelters,
play structures, site furniture, paths, signage, landscaping and irrigation. The schedule of completion is
as follows:
A. Design completion January, 1998
B. Open for play September, 1998
The portion of this contract involving the O'Neil Ford Civic Center Complex will include only the design
and construction of the pedestrian bridge between the Library and the Civic Center. Construction Is
scheduled for completion in early April of 1998. The bridge project is the primary activity involving the F
Civic Center Park area and will have little Impact on other existing facilities.
The Council will recall that the Historical Commission suggested the placement of one of Denton County's
historic iron bridges in the park, Instead of a new structure. Regretfully, the design, dirnensions and
aesthetics of these structures are not compatible with the design concepts being proposed by Ford, Powell
Carson for the Civic Center Park masts plan. Instead, the Parks and Recreation Department is exploring
the potential use of these historic bridges on the Rails to Trails Project.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks Department and Citizens
utilizing the listed park areas.
{
FISCAL IMPACT: Funds for this project will come from 1997!98 CiP Funds.
Attachment: List of Respondents
Res tNlly su fitted:
i
Kathy `
Assistaiff City Manager of Fi ud 4
• A oved: • •
Name: Tom D. Shaw, C.P.M.
Title, Purchasing Agent
>'s a , rcrx+dx
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RFSP # 2077
UPGRADE EXISTING PARKS PHASE II
FIRMS SUBMITTING PROPOSALS
I. Schrickel, Rollins and Associates, Inc.
Arlington, Texas
2. Mesa Design Group
Dallas, Texas I'I
C
3. Ford, Powell & Carson, Inc.
San Antonio, Texas
4. Talley-Dawson
Dallas, Texas j
i
5. Dunkin, Sims, Stoffels, Inc.
Dallas, Texas
6. DeJean & Associates
Dallas, Texas E
E
7. Carter-Burgess
Fort Worth, Texas
I - ,
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Agenda No.
ORDINANCE NO. ADWa Item
Date_ 7 f
I
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE
WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or E
payment by the City in an amount exceeding S 15,000 be by competitive bids, except in the case of
public calamity where it becomes necessary to act at once to appropriate money to relieve the
I
necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public
health o: safety of the citizens of the city, or in case of unforeseen damage to public property,
machinery or equipment; and,
WHEREAS, the City Manager has recommended to the City Council that it is necessary to
purchase goods or services due to the following emergency conditions outlined in the memorandum
attached hereto as Exhibit "A", incorporated herein by reference; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTIONI. That the City Council hereby determines that there is a public calamity that makes
it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to prrsen e
the property of the city, or to protect the public health of the citizens of the city, or to provide for
unforeseen damage to public property, machinery or equipment, and by reason thereof, the following
emergency purchases of materials, equipment, supplies or services, as described in the "Purchase
Orders" attached hereto, are hereby approved:
PURCHASE j
ORDERNUMBER VENDOR AMOUNT
80596 SABER DEVELOPMENT CORPORATION 530,005.00
I
i
SECTION 11. That because of such emergency, the City Manager or designated employee is
hereby authorized to purchase the materials, equipment, supplies or smites as described in the
attached Purchase Orders and to make payment therefore in the amounts therein stated, smh
emergency purchases being in accordance with the provisions of state law exempting such purchases
by the City from the requirements of competitive bids.
1
s,
• ~^---~`,-rte-... •
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i
SECTION W. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 1997.
`i
4
JACK MILLER, MAYOR
ATTEST: ?
JENNIFER WALTERS, CITY SECRETARY ;
BY:
l
1
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
,
BY: - - -
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•
•
DATE: NOVEMBER4,1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose. Assistant City Manager of Finance
SUBJECT: AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES
OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE
LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
(PURCHASE ORDER 805%- SABER DEVELOPMENT CORPORATION)
RECOMMENDATION: We recommend Purchase Order 80596 to Saber Development Corporation
be approved in the amount of $30,005.00.
BACKGROUND: This purchase order is for the emergency installation of modifications to the
sanitary sewer system serving the new Denton County Juvenile Detention Center. The design and
installation of the new l uvenile Detention facilities is causing effluent to surge into the new building.
In addition, Denton County is intending to install additional training facilities utilising the same
surging sewer line.
Due to potential damage to the building, contamination of surrounding area and limited construction
time, we were unable to formally bid the project. Phone quotations ranged from the low of
530,005.00 to the high of $65,478.00.
Chapter 252 of the Texas Local Government Code exempts emergency purchases from the bid
process.
The project consists of 261 feet of 8" sanitary sewer, 200 feet of 10" sanitary sewer, (2) 4' manholes
and (3) 4" sewer taps.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton County Juvenile
Detention Center and Water/Waste%vater Engineering Division. I
FISCAL IMPACT; Funds for this emergency acquisition will come from 1997.98 budget fronds;
account number 625-082-0471-V802-9114.
Attachments: Purchase Order 80596
1 Respectfully submitted:
Kath ZuB e
Assistant City Manager of Finance
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
)a6.AGENDA .
3
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PURCHASE OIIDER NO; 80596 THIS IS A XXx
1tis n rotw mil apper on an COWWAM ORDER
inroice+, dekwy stpc caws. OF MAR"
con, eo.tt• pactlnp thps and Willa DO NOT DUPLICATE
R44 Na Bid Mo: Dec 10 15 97 pace pia 01
CITY XAS
p KKkS#C O(V15+OM 190O1 8 TEXAS S~} /TEDENTOR TEXAS 76201-4364
9401349-7100 OMW 24Et1i0 8171267-0042 FAX 9401349-7302
VENDOR SABER DEVELOPNENT CORPORATION
NAW/ 3230 E CARPENTER FWY IMMIVERY CONFIRNATION ONLY C50
ADDRESS ADDRESS V/WW EMOIMEBRINO
IRVINO TX 75062 901-B TMXAS ST
DENTON TX 76201
ED FARROW +
VEIN NO, 511850000 DFLIYERV QUOTED 11 21 97 FOB DE8TINATION AM T8 TERA't
001 30005.00 $41 VENDOR CAT. 1 N / A NFO WANE 1.000 30,005.00
CITY E 96869
DENTON COUNTY JUVENILE MENTION CENTER SANITARY SEWER
REPLACEMENT
ENEROENCY PURCHASE ORDER
•
P 08 TOTAL t 30,005.00
OR MD TOTAL t 30,005.00
• 01 625 082 0471 V802 9114 30,005.00 •
YEA0011 pJSit1UCTI0ftS 1 1eea+s Mrs IM
1. Sent xiF w Mvdn wish ylieaM 6", 1. 9400 imvw *ot 1.01 OHM"- ee KMN %Am •..en,l
L Dim to • Accwntl h/M4 l No Ie1aa1 or sae odes lu *AN k bddW
215 E wx~ It Y tricls "A
Drrt„Tll 12ltl .-V9 PUIIIC21ASM4O
1 • ..~~a,!! ' ~ ° r :...w ~`:rl+a~ L ~iy~l It ;~'+i }r" ~'07l tr, 41 •t -5
Apotda No. 97`~7`b
Agenda Item
ORDINANCE NO. _ Dal+-C~ - 9 7
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF
MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPT'MG SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items I
that are only available from one source, including: items that are only available from one source
because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books;
electricity, gas, water and other utility purchases; captive replacement parts or components for
equipment; and library materials for a public library that are available only from the persons holding
exclusive distribution rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above
paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following purchases of materials, equipment or supplies, as described in
the "Purchase Orders" attached hereto, are hereby approved: f
PURCHASE
ORDERNUMBER VENDOR AMOUNT II
80809 HUNT TECHNOLOGIES, INC. 572,845.00 f
SECTION H. That the acceptance and approval of the above items shall not constitute a contract
between the City and the person submitting the quotation for such items until such person shall
• comply with all requirements specified by the Purchasing Department.
SECTION W. That the City Manager is hereby authorized to execute any contracts relating to
the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby
authorized.
1
SECT ONJV. That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day of 1997
JACK MILLER, MAYOR
t ,
ATTEST: r
JENNIFER WALTERS, CITY SECRETARY
r
i'
BY:
1 ,
APPROVED AS TO LEGAL FORM.
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SOLE SOURCE
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DATE: NOVEMBER 4,1997
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR j
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE
FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF
STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE
ORDER 80809 - HUNT TECHNOLOGIES, INC.)
RECO\L4IENDATION: We recommend Purchase Order 80809 to Hunt Technologies, Inc. be approved
in the amount of $72,845.00.
BACKGROUND: In Aug tst of 1996, the City of Denton approved a contract with Hunt Tec'uologies.
Inc. for hardware and software to implement an automated metering pilots) stem. The system, intended
for metering electricity usage in residential apartments, has proven to be a success. TN.- system reads
meters through the power tires reducing cost of services, eliminating human error, reporting tampering
and power outages and reducing the cost of reading meters. j
j
Purchase Order 80809 is for additional hardware to expand this automated meter reading program. The
equipment is only available from Hunt Technologies, Inc. ww protected by patent of design and
copyright of software. Sole source acquisitions are exempt from the bid process by Chapter 252 of the
Texas Local Government Code.
Prices have been reduced since the original agreement was approved in August of 1996.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Automated Meter Reading Program.
Denton Municipal Utilities and Ekctric Metering Division.
FISCAL. IMPACT: The purchase of the items listed on Purchase Order 80809 will be funded from
1997!98 C[P funds; account numbers 610-134.1034.3700.9224-CSAMROIA and 610.134.1034.5860•
8343.
Attachments: Purchase Order 80809 issued to Hunt Technologies, Inc.
Quotation from Hunt Technologies, Inc, I
Respectfully submitted:
ll t
• I ~u. o L
Kathy 'aBos
t Assistant City Manager of Finance
Iti roved:
.same: Tom D. Shaw. C.P.M. '
Title: Purchasing Agent
A5=A
3
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.
F'IIRCIEASE ORDER WX HuUU Y 71115 IS A
Iles nnbm must MW*a on ap CDI MR ORDER
r.vo.ces, d.wrY slim ps, c sso s~s. OF MARKED
cu ll
u. Downs, PwAkq Oct and Im
DO NOT DUPLICATE
R44 N+O. W Na Oats 10 16 97 Paps No. 01 TEXAS
Pt1RL/1ASMlG DIVISISION 1 901 a TEXAS ^STxNTf I DENTTOK TEXAS 78201-4354
9101349-7100 DIFW 164E1RO 817/287-0042 FAX 9401349-7302
VENDOR HUNT TECHNOLOGIES INC
NAME/ HC2, SOX 17H oartIER7 CONFIRMATION ONLY C36
ADDRESS ADDRESS ELECTRIC NBTERIMG
PEQUOT LAKES MM 56472 901 8 TEXAS ST
DENTON TX 76201 a
KEVIN HUMMEL
VENDOR No. HUM50000 DRIVERY OIXITED 12 15 97 FOB DESTINATION SUVER TS TERWS
r
001 2.00 EA VENDOR CAT. IMIMI MPG MAKE 2,750.000 51500.00
CITY # 28565
MINI RECEIVER
002 1.00 EA VENDOR CAT. #BOARD MPG NAME 1,500.000 1,500.011
CITY # 28565
EXPANSION BOARD
003 960.00 EA VENDOR CAT. 10033318-AAD MPG MAKE 60.000 57,600.00
CITY # 28565
TURTLES - ASS
~ I
004 3.00 EA VENDOR CAT. IEOLUM MPG MAKE 475.000 1,425.Ou~
CITY 1 28562
EOL VOLTAGE MONITOR
t
P GE TOTAL s 66,025.00 I
VENDOR 1NSTki1*6NS I iaere.a, • Flat 74 s,r .e.~~ 4a1
I. SM4 v4ow kh*o vith dFrVtsM aFM. I I Matwlow F.06 Onb'w t Pl"W a.,, ,marl
1 81Y M' 7 S ft pw k I I IM IehrA of tuft w o w" M k%A"
ii~,YY~ttyy . Mkes ~
Do"*% Tx fi201•I71! PUIICIIASANO
V ~ n .•ft,E4f~ b Vii.
r s d I c r~l 'Zy r. ' 1 S}.4,.1.
•
PURCHASE ORCIER W. 80809 THIS IS A
T1ws nmhpse musl am" on 86 COWIRMW ORDER f
invoices. ds1W«r skps, cares. OF MARKED) I~-JI
ctns, porn, psckirq slips " blib. DO HOT DUMCAT'E
Rp Na aid NIX Date 10 16 97 ps6e pie 02
CITY O KWJJASM0 SIOfN / 9001 9 TEXAS S~f I DEWxOR TEXAS 76201-4364
9401349-7100 DIFW hETRO 8171267-0042 FAX 9401349-7302
VENDOR HUNT TECHNOLOGIES INC
NAME/ HC2, BOX 17H DRIVER1' CONFIRMATION ONLY C36
ADDRESS ADDRESS ELECTRIC NBTBRIMG
PEQUD? LAXES RM 56472 901 D TEXAS 8T
DENTON TX 76201
KEVIN HUMMEL w
VENDOR N0. MUN50000 ORNERY OIATTD 12 15 97 FOS DESTINATION BUYER TS TFRW
005 960.00 BA VENDOR CAT. tIMST NFO MANE 7.000 6,720.00
CITY # 28565
INSTALL - RETROFIT
006 100.00 0$ VENDOR CAT. I M / A NFG NAME 1.000 100.00
CITY 4 96286
FREIGHT
P GB TOTAL t 6,820.00
GR MD TOTAL t 72,845.00
• 01 610 134 1034 3700 9224 CBAMROlA CBANROIA 71,420.00 •
02 610 134 1034 5860 8343 1,425.00
what NSTMJCf10FR 1 Tend • Mel 10 t.+.., .w...,,.~I
t SW w 4m Yrrskr wNk 6060114 an. 4. P*in kn►sMar F.OL Onfimed" MsMW w.s .w...,, ..+.a
L 6NI M Accsrrlt Pw" 6. W bird or rw Was be *AN M M§ W4
215 ydCysyq ft In Mkn kiNsl Dwsw
Tk-1,.,._f•,I21,1 „ PIIICF1ASNlIi a.
h
t~~ , R.,'T'_4 y "ie ~~S 4,i ji'~`,- ~t4j Sir Y ,
P~j
HuntA.
Technologies, Inc.
Comp" NWN of 0~ Dow 10n/N7
coma
AddrMW MA TOM it
coy
O Maas Taxes 701
23P CO&
MOM K
F" 9443W 71'J6
[aall PAN TOW
00
1 Rea" ioWd 1000 11,300.00
/a0 8ir~a phase TWU Two"ars d0 137.{0000
♦71 Ii,4S.00
S OI
MtdlYt m Char/a "'Mac
V i Fra~pht 1100.00 ,
WN
10.00
10.00
woo
10.00
10.00
$0.00
10.00
10.00
10.00
10.00
10.00
TOTAL Mo
Tits *mW N void br 00 days.
Frpht i To rot indi ded
Please ta+tsd KOM HLMI f for mon iMoreKlor~
loeai TW% Rapm"Me" lid 10 daffppilpuduct
i ,
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HC2 6x 74 fw a tAft"5618 2K 502./1T7 a7~,ImA05s Mic16174 QUO
Fa. 111 W 60 .n...m4av li Cbm
6
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AwdaNo '0Y l`
Agenda Item
ORDINANCE NO. oate_
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF
MATERLALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items
that are only available from one sauce, including: items that are only available from one source
because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books;
electricity, gas, water and other utility purchases; captive replacement parts or components for
equipment; and library materials for a public library that are available only from the persons holding
exclusive distribution rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above
paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I
SECTION 1. That the following purchases of materials, equipment or supplies, as described in
the "Purchase Orders" attached hereto, are hereby approved: I
f
PURCHASE I
ORDERNUMBER VENDOR AMOUNT
i
SM64 COVEY LEADERSHIP CENTER $41,000.00
SECTION H. That the acceptance and approval of the above items shall not constitute a contract
between the City and the person submitting the quotation for such items until such person shall
• comply with all requirements specified by the Purchasing Department.
E ,1
SECTION J.H. That the City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
,
1
,
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Il.
III
SECTION I.Y. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 1497
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY R
i
E
BY:
I
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
r
i,
BY: - 1
SOLE SOURCE
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DATE: NOVEMBER 4,1947
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBIECT: AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DATE. (PURCHASE ORDER 1186864 - COVEY LEADERSHIP
CENTER)
RECOMMENDATION; We recommend purchase order #80864 to Covey Leadership Center be
approved in the amount of 541,000.00.
BACKGROUND. This purchau order is for the acquisirion of profiles, manuals, and freight charges
for Covey "Seven Habits" Training for fiscal year 1997/98. This is a continuation of the five year plan
to extend this training to all city employees began in November of 1995. The 1997/98 funding level
%ill allow for approximately 12 workshops training approximately 240 employees.
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PROGRAMS,DEPARTMENTS_OR GROUPS AFFECTED: Employees of the City of Denton.
FISCAL IMPACT: 1997198 funding for Covey Seten Habits training is available in the 1997198
budget, account # 100-041-020M•8591. Individual invoices % ill be paid as materials are released and
received.
Attachment: Purchase Order # 80861
Respec fully submitted:
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Kath) Bo }
Assistant City Manager of Finance
Prepared by:
Name: Denise Harpool
Tide: Senior Buyer
proved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
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CITY TEXAS
PVFIC fIO OfVWOI4 1 901- ~~TEf 1 WWOK TEXAS 76201-4354 1-6 TEXAS 9401349-7100 DIFW METRO 617/267-0012 FAX 9400349-7302
VEIDOR COVEY LEADERSHIP CENTER
UW/ P 0 BOX 19000 OBIVm CENTRAL RECEIVING 512
ADDRESS ADDRESS HUMAN RESOURCES (PERSONNEL)
PROVO UT 84605-9925 901 B TEXAS ST
DENTON TX 16201 +
ATTNs CUSTOMER SERVICE
VENDOR NO. COVI5000 0ELKRY 644 11 10 97 FIX DESTINATION MlfFll DR TO"
001 40000.00 ii VENDOR CAT. I M / A MFG NAME 1.000 40,000.00
CITY f 92460
FISCAL YEAR 97/98 PROFILES AND MANUALS
002 1000.00 ii VENDOR CAT. 1 M / A MFG NAME 1.000 1,000.00
CITY 1 96286
FISCAL YEAR 97/99 SHIPPING
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OR MD TOTAL a 41,000.00
• Ol 100 041 0208 8591 41,000.00 •
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Agenda No.
Agenda Item ~S
Date
I
C(TYOF DENTON, TEXAS ~_~EEO!lZ4fl1~tt8 r IBRARlES
502 OAKLAND STREET, DENTON, TX 76201
940349-8566 FAX 940-349-8260
i
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council i
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL
COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES,
AND PROVIDING AN EFFECTIVE DATE
DATE: October 1, 1997
RFCOAIMENPATION,
Staff recommends that the Mayor execute an agreement with Denton County to provide full library services
to residents living outside the City of Denton.
BACKCROUI
This Interlocal Agreement between the City of Denton and the County of Denton will provide a full array of
library services, free of charge, to all residents of Denton County. Our library will serve approximately
18,206 library users who live outside of the Denton city limits. These Denton County residents will directly
benefit from this agreement and will have the same library privileges as do City residents. The Denton Pub-
lic Library has served the County on a contractual basis since 1969. While the level of county funding has
never allowed the City of Denton to fully recover the cost of providing library services to out-0f-city library
users, the City has nonetheless continued to provide services to the County within those limited resources.
FISCAL. IMPACT: i
• For FY 1997!98, the County Commissioners voted to adopt a Denton County library funding formula which * +
allocated approximately S1.20 per capita for each of the fourteen (14) libraries in Denton County. This
funding formula is based on North Central Texas Council of Government's population figures. The total FY
1997/98 allocation of S117,598 includes a $10,000 matching grant.
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Respectfully submitted
Kath
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Assistant City Manager of Finance
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Prepared by:
Eva D. Poole
Director of Library Services
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL
COOPERATION AGREEMENT WITH DENTON COUNTY )OR LIBRARY SERVICES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, both the City of Denton and Denton County are political subdivisions of the
Stale of Tcxas that are authorized to enter into interlocal contracts under TEX. GOV'T CODE
ch. 791 and ch. 323; and
WHEREAS, the City Council deems it in the public interest to enter into this 'snterlocal
contract with Denton County to provide library services for Denton County; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That the Mayor, or in his absence, the Mayor Pro Tom, is authorized to
execute an Interlocal Cooperation Agreement for Library Services with Denton County
substantially in the form of the contract which is attached to and made a part of this ordinance for
all purposes.
SECTION IL That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 1997.
F
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CTfY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
• HERBERT L. PROUTY, CITY ATTORNEY ;
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STATE OF TEXAS, )
)ss.
COUNTY OF DENTON. )
ZNTzRLoCAL COOPtR71TZOlI 1LOAISI[~MT !OA f.IflAAlIY SiAVZCSB
THIS AGREEMF:'T is made and entered into by and between
D!NTON COUNTY, a political subdivision of Texas, hereinafter
referred to as 'County,' and the CITY OF DXNTOP, a municipality
of Denton County, Texas, hereinafter _E4erred to as
'Municipality.'
WHEREAS, County is a duly organized political subdivision of
the State of Texas engaged in the administration of county
government and related services for the benefit of the citizens of
Denton County; and
WHEREAS, Municipality is a duly organized municipality of
Denton County, Texas engaged in the provision of library s9rvice
and related services for the benefit of the citizens of
Municipality; and
WHEREAS, Both Municipality and County are legally authorized
to perform individually the functions or services set forth in
this Contract in full compliance with V.T.C.A., Local Government
•
Code 5791.011{e)(2); and
WHEREAS, County has requested and Municipality has agreed to
provide library services for all residents of Denton County; and
• WHEREAS, county and municipality mutually desire to be
subject to the provisions of V.T.C.A., Government Code Chapter
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DENTON LIBRARY 19197
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791, the Interlocal Cooperation Act; and V.T.C.A., Lucal
Government Code Chapter 323, County Libraries.
NOW, THEREFORE, County and Municipality, for the mutual
consideration hereinafter stated, agree and understand as follows:
1.
The term of this agreement shall be for the period from
October 1, 1997 through September 30, 1998.
IZ.
For the purposes and consideration herein stated and E
contemplated, Municipality shall provide library services for the 4
residents of County without regard to race, religion, color, age,
disability and/or national origin. Upon proper proof by
individual(s) of residence in Denton County, Texas, such
individual(s) shall be entitled to be issued, at no cost, a
library card to be used in connection with these library services.
Municipality shall develop and maintain through the Library
one or more of the following programs of service:
Educational and reading incentive programs and materials
for youth.
Functional literacy materials and/or tutoring programs
111 for adults.
Job training/career development programs and/or
materials for all ages.
outreach services to eliminate barriers to library
services.
• Educational programs designed to enhance quality of life
for adults. • r
DENTON LIBRARY 1997 5
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III.
County designates the County Judge to act on behalf of County
and to serve as liaison officer for county with and between County
and Municipality. The County Judge or his designated substitute
shall insure the performance of all duties and obligations of
county herein stated who shall devote sufficient time and
attention to the execution of said duties on behalf of County in
Nil rmmnl3-~ice with the terms and conditions of this agreement,
and shall provide immediate and direct supervision of county's
employees, agents, contractors, sub-contractors, and/or laborers,
if any, in the furtherance of the purposes, terms and conditions
of this agreement for the mutual benefit of County and
Municipality.
IV.
Municipality shall designate its Director of Library Services
to act on behalf of Municipality and to serve as liaison officer
of Municipality with and between Municipality and County to insure
the performance of all duties and obligations of Municipality as
herein stated who shall devote sufficient time and attention to
the execution of said duties on behalf of Municipality in full
compliance with the terms and conditions of this agreement, and,
shall provide management of Municipality's employees, agents,
contractors, sub-contractors, and/or laborers, if any, in the
• furtherance of the purposes, terms and conditions of this • •
agreement for the mutual benefit of Municipality and County.
Municipality shall provide to County a copy of the annual r
report submitted to the Texas State Library and shall respond to
DENTON USSARY 19 7 (O.
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County's annual questionnaire as documentation of expenditures and
provision of service.
V.
The Municipality shall be solely responsible for all
techniques, sequences, procedures, and means and for the
coordination of all work performed under the terms and conditions
of this agreement, shall insure, dedicate and devote the full time
I
and attention of those employees necessary for the proper
execution and completion of the duties and obligations of the
municipality stated in this agreement and give all attention
necessary for such proper supervision and direction.
Vi.
The Municipality agrees that its library department shall
assume the functions of a county library and agrees to provide a
librarian who holds or secures a county librarian's certificate
from the Texas State Library and Archives Commission. Local
Government Code, section 323.011(b).
VII.
County agrees to and accepts full responsibility for the
acts, negligence and/or omissions of all County's employees,
•
~ agents, sub-contractors, and/or contract laborers and for those of ~
all other persons doing work under a contract or agreement with
the County.
VIII.
The municipality agrees and accepts full responsibility for
the acts, negligence, and/or omissions of all the Municipality's „
employees, agents, sub-contracts, and/or contract laborers, and
OENTCN LIBWY 1997 7
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for those of all other persons doing work under a contract or
agreement with said municipality.
IX.
This agreement is not intended to extend the liability of the
parties beyond that provided by law. Neither Municipality nor
County waives any immnity or defense that would otherwise be
available to it against claims by third parties.
X.
Municipality understands and agrees that the Municipality,
its employees, servants, agents and representatives shall at no
time represent themselves to be employees, servants, agents and/or
representatives of County.
XI.
County understands and .agrees that County, its employees,
servants, agents and representatives shall at no time represent
themselves to be employees, servants, agents, and/or
representatives of Municipality.
XII.
The address of County is:
County Judge, Denton County
110 West Hickory
• Denton, Texas 76201
Telephone: 940-565-8687
The address of Municipality is:
City of Denton
215 East McKinney t'
• Denton, Texas 76201 • O
Attention-lied Benavides
J Telephone:940-349-8307
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DEMON U8PMY 1997 V'
XIII.
For the full performance of the services above stated, County
agrees to pay Municipality fees as described herein. County shall
pay municipality fees in the amount of $1.20 per capita totaling
ONE HUNDRED SEVEN THOUSAND FIVE HUNDRED BIGHT-EIGHT DOLLARS
($107,588.00) based upon North Central Texas Council of
Governments population figures provided to Denton County by the
Denton County Library Advisory Board, payable in equal quarterly j
installments to Municipality commencing October 1, 1997. In
addition, the County agrees to pay Municipality an amount not to
exceed TEN THOUSAND DOLLARS ($10,000) in matching funds upon the
III \
following conditions. Municipality shall attempt to secure
funding from sources other than Denton County. Upon receipt of
additional funding, Municipality shall provide proof of the
receipt of such funds to the Denton County Auditor on a quarterly
basis. Denton County shall match municipality's additional
funding in an amount not to exceed $10,000.00. Payment by County
to Municipality shall be made in accordance with the normal and
customary processes and business procedures of County, and payment
shall be satisfied from current revenues of the County.
Municipality agrees that the fees paid by the County herein fairly
compensate it for the services to be performed. 1.
XIV.
t
This agreement may be terminated at any time, by either party s
• giving sixty (60) days' advance written notice to the other party. • a
In the event of such termination by either party, Municipality ,
shall be compensated pro rata for all services performed to
OENTON LIBRARY 1997
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termination date, together with reimbursable expenses then due and
as authorized by this agreement. In the event of such
termination, should municipality be overcompensated on a pro rata
basis for all services performed to termination date or be
overcompensated for reimbursable expenses as authorized by this
agreement, then County shall be reimbursed pro rata for all such
overcompensation. Acceptance of such reimbursement shall not
constitute a waiver of any claim that may otherwise arise out of
this agreement.
XV.
This agreement represents the entire and integrated agreement
between municipality and County and supersedes all prior t,
negotiations, representations and/or agreements, either written or
oral. This agreement may be amended only by written instrument
signed by both Municipality and County.
XVI.
The validity of this agreement and any of its terms or
provisions, as well as the riqhts and duties of the parties
hereto, shall be governed by the laws of the State of Texas.
Further, this agreement shall be performable and all compensation
payable in Denton County, Texas.
r
XVII.
In the event that any portion of this agreement shall be
found to be contrary to law, it is the intent of the parties
hereto that the remaining portions shall remain valid and in full -
,
force and effect to the extent possible.
OENTON LIBRARY 199
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Xvilf.
The undersigned officerd and/er agents of the parties hereto
are the properly authorized officials and have the necessary
authority to execute this agreement on behalf of the parties
hereto and each party hereby certifies to the other that any
necessary orders or resolutions extending said authority have been
duly passed and are now in full force and effect.
Executed in duplicate originals in Denton County, Texas by
the authorized representatives on this day of
1997.
COUNTY MUNICIPALITY ,
By-
Ely
Jeff Moseley, County Judge Jack Miller, Mayor
Acting on behalf of and by the
authority of the Commissioners Resolution t
ATTEST: ATTEST:
By By' _
Denton County Clerk City Secretary
• APPROVED AS TO FORM: APPROVED AS TO FORM:
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Assistant District Attorney City Attorney
• APPRO AS CONTENT: • •
Director, Library Services
DENTON LISWY 1997
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Agenda No._~~
CITY COUNCIL REPORT Agenda hem _
Data -
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: RESOLUTION TO DECLARE THE INTENT TO REIMBURSE
EXPENDITURES FROM UNRESERVED RETAINED EARNINGS OF THE
ELECTRIC FUND WITH CERTIFICATES OF OBLIGATION
RECOMMENDATION
Staff recommends that the City Council approve the attached reimbursement
resolution. The resolution will allow reimbursement of project expenditures from the
unreserved retained earnings of the Electric Fund.
BACKGROUND;
The 800 MHz radio system that the city has is currently ten years old. The repeaters
and system controller need to be replaced to prevent system failures. The plan was
to move the system with the construction of the new tower at McKenna Park. This
project will increase our radio system coverage and enable our public safety agencies
to maintain adequate communications through out the county. This project is to be
funded by the issuance of certificates of obligation in the Spring of 1998. Passage
of this resolution allows the Communications staff to use unreserved retained earnings
of the Electric Fund to begin the project now and reimburse same when the {
certificates are issued in the Spring of 1998.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
All departments within the City and the citizens of Denton.
1 FISCAL IMPACT:
• This resolution will allow $150,000 from the unreserved retained earnings of the
Electric Fund to be expended and subsequently reimbursed with certificates of
obligation.
Respectfully submitted: -
•
Kath se ,
Assistant City Manager of Finance
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CITY OFDENTONMUAHCIPALU77LMES 901-A TEXAS STREET DENTOMrWS 76201
800 M RADIO SYSTEM UPGRADE
PROJECT NUMBER: C M H Z R O I A
PROJECT MANAGER: CHUCK PIERCE estensiaa 7584
AGENCY RESPONSIBLE: 116 COMMUNICATIONS t > ' '
S FUNDING: UNRESERVED RETAINED EARNINGS ELECTRIC
FUND, REPAYABLE WITH CERTIFICATES OF
OBLIGATION
PROJECT NARRITIVF.:
{
The 800 MHz radio system is currently ten (10) years old.
The repeaters and system controller need to be replaxd to preveru system failures. The
sydem is prime for a total upgrade. We have had plans to move the system ever since the
new Mc Kenna Paris tower was constructed and we now have the opportunity to combine
both needs into a single project This project will increase our radio system coverage and
enable our public safety agencies to maintain adequate communications through out the
county.
PROJECT COST: S191000.40
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RESOLUTION NO.
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM
UNRESERVED RETAINED EARNINGS OF THE ELECTRIC FUND WITH CERTIFICATES
OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "Issuer") is a municipat 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'), which
Exhibit "A" is attached hereto and made a part of this resolution for all purposes, prior to the
issuance of obligations to finance the Project "Upgrade SW MHz Radio System;" and
WHEREAS, the Issuer finds, considers, and declaros 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 accords nce with the
provisions of Section 1.150-2 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 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 $150,000 for the purpose of
paying the costs for the costs of the Project, as set forth in the attached Exhibit "A."
SECTION H. 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 IS months after the later of (1) the date the
r expenditures are paid, or (2) the date on which the property, with respect to which such
expenditures were made, is placed in service.
• SECTION ]IL That the foregoing notwithstanding, no tax-exempt obligation will be
issued pursuant to this resolution more than three years after the date any expenditure which is to i
be reimbursed is paid
SECTION IV. That this resolution shall become effective immediately uvon its passage .
and approval. -
PASSED AND APPROVED this the day of , 1997
JACK MILLER, MAYOR
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ATTEST:
JENNIFER HALTERS, CITY SECRETARY
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BY.
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: /
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EXHIBIT A
3
Purchase repeaters and system controller for the 800 MHz radio system
in order to upgrade the system. Cost is $150,000.
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CITY COUNCIL REPORT Agenda
Agenda Item
Date
TO: Mayor and Members of the City Council I
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: RESOLUTION TO DECLARE THE INTENT TO REIMBURSE
EXPENDITURES FOR BUILDING RENOVATIONS WITH CERTIFICATES OF
OBLIGATION i
RECOMMEN12ATION
j
Staff recommends that the City Council approve the attached reimbursement I
resolution. The resolution will allow reimbursement of project expenditures from the
General Fund Balance.
BACKGROUND:
The City of Denton is currently in need of capital funding to proceed with the Denton
Municipal Complex (DMC) Renovation - Project II. Although the Capital Improvement
Plan for 1997-98 includes a bond sale in the Spring of 1998, funds are needed prior
to that sale.
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 $715,000 of the General Fund Balance 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.
f
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED !
The Facilities Management, Legal and Finance Departments of the City and the
citizens of Denton will be affected.
FISCAL IMPACT:
This resolution will allow $716,000 from the General Fund Balance to be expended
and subsequently reimbursed with certificates of obligation.
Respectfully submitted:
Kat u se
Assistant City Manager of Finance
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RESOLUTION NO.
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR
BUILDING RENOVATIONS WITH CERTIFICATES OF OBLIGATION; 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'), which
Exhibit "A" is attached hereto and made a part of this resolution for all purposes, prior to the
issuance of obligations to finance the Project "Denton Municipal Complex Renovation Phase If;"
and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment Gf such expenditures will be appropriate and consistent with the lawful
with the
objectives of the Issuer and, as such, chooses to declare its intention, in accordance
provisions of S..fon 1.I50-2 Treasury Regulations, to reimburse itself for such payment; at
such time as it issues the obligations to finance the Project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION la That the Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum principal amount equal to 5715,000 for the purpose of
paying the costs for the costs of the rroject, as set forth in the attached Exhibit "A."
SECTION 11. 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 18 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.
•
SECCION 1[I. That the foregoing notwithstanding, no tar-exempt obligation will be
issued pursuant to this resolution more than three years after the date any expenditure which is to
be reimbursed is paid.
SF [ON LV. That this resolution shall become effective immediately upon its passage _
• and approval. • •
PASSED AND APPROVED this the day of 1997
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY l fl t`
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EXHIBIT A
Denton Municipal Complex (DMC) Complete renovation of existing
Renovation - Project II space at DMC for Customer Service,
Cashiering and Tax functions.
Renovate area vacated at City Hall.
TOTAL $715,000
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Agenda No.
Agenda Item
Date
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RESOLUTION NO.
A RESOLUTION CANCELING THE CITY COUNCIL MEETING OF DECEMBER 9,1997;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, to facilitate various staff members' attendance of an important conference,
the City Council deems it in the public interest that the Council meeting of the City of Denton,
Texas, scheduled for Dexmber 9,1997, be canceled; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
i
USJL N 1. That the City Council meeting of December 9, 1997 is hereby canceled.
SECTION II. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
0 HERBERT L. PROUTY, CITY ATTORNEY
' 1 .
BY:
• _ i i
Agenda No. OT
Agenda ftem
CITV COUNCIL REPORT Date
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: R. E. Nelson, Executive Director of Utilities
DATE: NOVEMBER 4, 1997
SUBJECT: APPROVAL OF AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL
LEGAL SERVICES WITH THE LAW FIRM OF BERNSEN, JAMAIL &
GOODSON, L.L.P.; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
RECOMMENDATION:
Approval of the attached Ordinance authorizing the City Manager to retain the services of
the law firm of Bernsen, Jamad & Goodson, L.L.P. for kgal consultation on financial
matters related to the possible sale of City of Denton generation resources and strategies
for repayment of City of Denton stmaded investment sewlated with the Gibbon Creek
generating plant.
BACKGROUND:
The potential deregulation of the electrk industry In Texas may put the financial integrity
of the City of Denton at HAL Every option for resolving this signiflcssit problem is being
explored. In order to property prated the City's interests, rtaff requircs the advlee of au
attorney with significant experience to the tree of public finance sad municipal law. This
attorney mint have no conflicts of interest as a result of having been involved with other
parties to the deregulation issue or with TMPA.
After a through search performed by the City Attorney's Office, Mr. Daniel R. Richards of
the firm of Bernsen, Jamail & Goodson, L.L.P. has been sekdtd as qualified to advise the
City on this serious mattes '
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PROGRAMMS, DEPARTMENTS OR GROUPS AFFECTED:
Electric Utility Department and City of Denton.
FISCAL IMPACT:
Initial expenditure limit of S 82,%0.
Please advise if I can provide additional infot enatioa.
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RESPECTFULLY SUBMITTED
R. E. Ntkoo, Executive Dim r
Lepartmeat of UtWdes
Prepared by:
Sharon Maya, Direct r j
Electric UdI ies
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ORDINANCE NO.
AN ORDINANCE AUTHORIZfNG THE CITY MANAGER TO EXECUTE A CONTRACT
FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF BERNSEN, JAMAIL
& GOODSON, L.L.P.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SE[`t'ION L That the City Manager is hereby authorized to execule a Contract for
Professional Legal Services with the law firm of Bemsm, Jamail & Goodson, L.L.P. regarding
various legal issues and matters related to the Denton Municipal Electric Utility, a copy of which
contract is attached hereto and incorporated herein.
CF.CTION 11. That the expenditure of funds as provided in the attached contract is
hereby authorized.
5r'TION III. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of ,1997
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
• BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY `
BY: i4 4112--
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CONTRACT FOR PROFESSIONAL LEGAL SERVICES
STATE OF TEXAS $
COUNTY OF DENTON I
This AGREEMENT, made and entered into this the day of ,
1947, by and between Betnsen, Jamail & Goodson, L,L.P., a Texas limited liability partnership,
with Daniel R. Richards having full authority to ecocide this Agreement on behalf of Bemsen,
Jamail & Goodson, L.L.P., hereinafter referred to as "Consultant"; and the CITY OF DENTON,
a Texas municipal corporation, 215 E. McKinney, Denton, Texas 75201, hereinafter referred to
as "City".
WITNi
WHEREAS, the City needs to employ legal counsel to provide professional legal smites
to evaluate options with respect to its electric generation facilities and contractual agreements'rs
well as any related proceedings and negotiations; and
WHEREAS, the Consultant is willing to perform such services in a professional manner
as an independent contractor, and
WHEREAS, the City desires to engage the Consulrunt to render the professional smites
in connection therewith, and the Consultant is willing to provide such services;
NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the
parties hereto do hereby mutually AGREE as follows:
1. Scott of Services: The Consultant shall perform the following services in a
professional manner working is an independent contractor not under the direct supervision and
control of the City:
A. Services to be provided:
• 1. Consultant shall evaluate and advise the City with respect to its
obligations to the Texas Municipal Power Agency, its membem and its
bond holders; evaluate and advise the City with respect to its ability to
modify or restructure iu obligations to the Texas Municipal Power
Agency, its members, and its bond holders; evaluate and advise the City
with respect to its options as related to the City's continued ownership of
• certain electric generation and transmission facilities; assist the City in any
related negotiations; and consult with the City Manager, Executive • 1
Director for Utilities, the Director of Electric Utilities, the City Attorney
and the other designated administrative personnel regarding any
aspecu of the special services to be performed, including legal research
and advice with respect to such matter.
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2. The Consultant shall perform all the services required in a timely
fashion, and shall complete same in compliance with schedules
established by the City through its Director for Electric Utilities
and City Attorney through discussions with the Consultant, as i
appropriate to carry out the terms and conditions of this
Agreement.
I1. Term: This Agreement shall be for a term of twelve (12) months,
beginning effective November 1997 and ending November , 1999. This Agreement
may be sooner terminated in accordance with the provisions hereof. Time is of the essence of
this Agreement, and the Consultant shall make all reasonable efforts to complete the services set
forth heroin as expeditiously as possible during the term of this Agreement, and to meet the
schedules established by the City, through its Director for Electric Utilities and City Attorney, or
as the progress of this matter may require.
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III. Coo gmation and Method of Pai,menf:
A. 'I'le Consultant shall charge the following fees for its professional services j
hereunder, based on the following hourly billing rates for the attorneys and
support staff involved in this matter:
Daniel R Richards S150.001how
other attorneys with firm S125.00/hour
paralegal support $50.00/hour
law clerk support 550.001hour
Attorney time will be billed at.25 hour minimum billing increments.
B. The Consultant will try to reduce costs by utilizing qualified principals,
associates, paralegals, and law clerks wherever feasible. The Consultant
shall bill the City through the submission of itemized invoices, statements,
and other documentation, together with support data indicating the
progress of the work and the services performed on the basis of monthly
statements showing hourly rates indicating who performed the work, what
type of work was done, and descriptions and/or details of all services r
rendered, along with specific description and supporting documentation, if
available, respecting any reasonable and necessary out-of-pocket expenses
incurred.
• C. Consultant and the City agree that all charges for the legal services • •
hereunder, including reasonable out-of-pocket expenses, shall not exceed
Eighty-two Thousand Five Hundred Dollars (S82,500.00).
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D. The City shall either pay directly or reimburse the Consultant, as the case
may be, for reasonable and necessary actual out-of-pocket expenses,
including but not limited to, long-distance telephone, telecopier,
reproduction, postage, overnight courier, and travel. All copies will be
charged at the rate of ten cents (S.10) per copy for copies made within
Consultant's offices, with as much photocopying as possible being done
by outside vendors at bulk rates or by the City to reduce costs if bulk
copying is necessary. The parties agree that the charges for outgoing
telecopies from Consultant shall be twenty-five cents (S.25) per page and
that there will be no charge by Consultant for incoming telecopics.
E. The parties anticipate invoices or statements for services will be generated
on a mondily basis and that said invoices or statements will be sent on or
about the 15' day of each month. The City shall make payment to the
Consultant within thirty (30) days of the satisfactory completion of
services and receipt of an itemized invoice or statement. All reimbursable
expenses, including but not necessarily limited to travel, lodging, and
meals shall be paid at the actual cost, pursuant to the terms, conditions,
and limitations hereinabove set forth. All invoices and bills shall be
approved by the Director of Electric Utilities and the City Attomey.
r. It is understood that the Consultant shall work with the Coordination and
general supervision of the Director for Electric Utilities and the City
Attorney.
0. All notices and invoices shall be made in writing and may be given by
personal delivery or by mail. Notices and invoices sent by mail shall be
addressed respectfully to: Herbert L. Prouty, City Attorney, 215 E.
McKinney, Denton,, Texas 76201. When so addressed, the notice,
invoice, and/or payment shall be deemed given upon deposit in the United
States Mail, postage prepaid. In all other instances, notices, invoices,
and/or payments shall be deemed givers at the time of actual delivery.
Changes may be made in the names and addresses of the responsible
• person or office to whom notices, invoices, and/or payments are to be sent,
provided reasonable notice is given.
IV. Professlorral Connectencv:
A. The Consultant agrees that in the performance of these professional
• services, Consultant shall be responsible for the level of competency and -
"I use the same degree of skill and taro presently maintained by other • •
practicing professionals performing the same or similar types of work.
For the purpose of this Agreement, the key person who will be performing
most of the work hercw.4 r shall be Daniel R. Richards. However,
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nothing hetein shall limit Consultant from using other qualified and
competent members of its firm to perform the services required herein.
B. Pleadings, motions, orders, notices, instruments, discovery documents,
rcpeit~, and other legal documents prepared or obtained under the terms of
this Agreement are instnments of service and the City shall retain
ownership and a property interest therein. If this Agreement is terminated
at any time for any reason prior to payment to the Consultant for work
under this Agreement, all such documents prepared or obtained under the
terms of the Agreement shall upon termination be delivered to and become
the property of the City upon request and without restriction on their use
or further compensation to the Consultant
V. Fstablishmest and 1lainteaanee or Records: Pull and accurate records
shall be maintained by the Consultant at its place of business with respect to all matters covered
by this Agreement. Such records shall be maintained for a period of at least three (3) years after
receipt of final payment under this Agreement
VI. Aadits and Insmtion, At any time during normal business hours and upon
reasonable notice to the Consultant, there shall be made available to the City all of the
Consultant's.-ecords with respect to all matters covered by this Agreement. The Consultant shall
permit the City to audit, examine, and make excerpts or transcripts from such records, and to
make audits of contracts, invoices, materials, and other data relating to all matters covered by this
Agreement.
VII. ce Iishment of Project: The Consultant shall commence, carry on,
and complete any and all projects with all practicable dispatch, in a sound, economical and
efficient man;xr, and, in accordance with the provisions hereof and all applicable laws. In `
accomplishing the projects, the Consultant shall take such steps as are appropriate to ensure that
the work involved is properly coordinated with related work being carried on by the City.
VIII. Indemnity and Ipdepeadeat Contractor Relationship:
• A. The Consultant shall perform all services as an independent contractor not
under the direct supervision and control of the City. Nothing herein "I
be construed as creating a relationship of employer and employee between
the parties. The City and Consultant agree to cooperate in the defense of
any claims, action, suit, or proceeding of any kind brought by a third party
which may result from or directly or indirectly arise from any negligence
and/or errors or omissions on the part of the Consultant or from any breach _
of the Consultant's obligations under this Agreement In the event of any •
litigation or claim under this Agreement in which Consultant is joined as a
party, Consultant shall provide suitable counsel to defend the (;,,y and
t Consultant against such claim, provided the Consultant shall have .Ne right
to proceed with the competent counsel of its own choosing. The
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Consultant agrees to defend, indemnify and hold harmless the City and all
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of its officers, agents, servant;, and employees against any and all such
claims to the extent of coverage by Consultant's professional liability
policy. The Consultant agrees to pay all expenses, including but not
limited to attorneys' fees, and satisfy all judgments which may be incurred
or rendered against the Consultant's professional liability insurance policy.
Nothing herein constitutes a waiver of any rights or remedies the City may
have to pursue under either law or equity, inclcding, without limitation, a
cause of action for specific performance or for damages, a loss to the City,
resulting from Consultant's negligent errors or omissions, or breach of
contract, and all such rights and remedies are expressly reserved.
B. Consultant shall maintain and shall be caused to be in fora at all times
during the term of this Agreement, a legally binding policy of professional
liability insurance, listed by Best Rated Carriers, with a rating of "A•" or
above, issued by an insurance carrier approved to do business in Texas by
the Texas Department of Insurance. Such coverage shall cover any claim
hereunder occasioned by the Consultant's negligent professional act and/or
error or omission, in an amount not less than Two Million Dollars
($2,000,000.00) combined single limit coverage occurrence. In the event
of change or cancellation of the policy by the insurer, the Consultant
hereby covenants to forewith advise the City thereof; and in such event,
O)c Consultant shall, prior to the effective date of change or cancellation,
serve substitute policies furnishing the same coverage. The Consultant
shall provide a copy of such policy or the declarations page of the policy,
whichever is reasonably satisfactory, to the City through its Executive
Director for Public Utilities simultaneously with the execution of this
Agreement.
IX. Termination ofAtreement:
A. In connection with the work outlined in this Agreement, it is agreed and
fully understood by the Comuultant that the City may cancel or indefinitely
• suspend further work hereunder or terminate this Agreement at any time
upon written notice to Consultant, Consultant shall cease all work and
labor being performed under this Agreement. Consultant may terminate
this Agreement by giving the City fifteen (15) days written notice that '
Consultant is no longer in a position to continue representing the City.
Consultant shall invoice the City for all work satisfactorily completed and
shall be compensated in accordance with the terms of this Agreement. All
reports and other documents, or data, or work related to the project shall • •
become the property of the City upon termination of this Agreement.
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B. This Agreement may be terminated in whole or in part, in writing, by
either party in the event of substantial failure by the other party to fulfill
its obligations under this Agreement through no fault of the terminating
pasty. Provided, however, that no such termination may be affected,
unless the other party is given [l] written notice (delivered by certified
mail, return receipt requested) of intent to terminate, and not less than
thirty (30) calendar days to cure the failure; and [2] an opportunity for
consultation with the terminating party prior to termination
C. Nothing contained herein or elsewhere in this Agreement shall require the
City to pay for any work which is Lcmfisractory or which is not submitted
in compliance with the terms of this Agreement.
X. Alternate Disurate Railiullon: The Consultant agrees that, if necessary, it
will use its best efforts to resolve any disputes regarding the Agreement through the use of
mediation or other fortes of alternate dispute resolution set forth in Chapter 154 of the Texas
Civil Practice and Remedies Code (V.A.T.C.S.).
XI. Entire Atrreemertt: This Agreement represents the entire agreement and
understanding between the parties, and &-.y negotiations, proposals, or oral agreements are
intended to be integrated herein and to be superseded by this written Agmement. Any
supplement or amendment to this Agreement to be effective shall be in writing and signed by the
City and the Consultant.
XI 1. ompUnce wltb Laws: The Consultant shall comply with all federal, state,
and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as
they may now read or hereafter be amended, including but not limited to the Texas Disciplinary
Rules of Professional Conduct.
XIII. Governing Law: For the purpose of determining place of agreement and law
governing same, this Agreement is entered into in the City and County of Denton, State of Texas,
and shall be goverrted by the laws of the state or Texas. Venue and jurisdiction of any suit or
cause of action arising under or in conrsection with this Agreement shall be exclusively in a court
• of competent jurisdiction sitting in Denton County.
XIV. Mcriminstion ProhlbiW: In performing the services required hereunder,
the Consultant shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
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XV. Persoaoel:
A. The Consultant represents that it has or will secure at its own expense all
personnel required to perform all the services required under this
Agreement. Such personnel shall not be employees or have any
contractual relations with the City. Consultant shall inform the City of
any conflict of interest or potential conflict of interest that may arise
during the term of this Agreement, in accordance with Consultant's
respunsibilities under the Texas Disciplinary Rules of Professional
Conduct.
B. All services required hereunder will be performed by the Consultant or
under its direct supervision. All personnel engaged in work shall be
qualified and shall be authorized or permitted under state and local laws to
perform such services.
XVI. Congn to o __l the_ City of Garland Teria3: The City understands
that Consultant may enter into an agreement for professional legal services with the City of
Garland, Texas; and that the scope of Consultant's work to be performed for the City of Garland,
Texas, will be similar to, or possibly the same as Consultant's work to be performed for the City
of Denton under this Agreement. Because of the close ties and relations between the City of '
Denton and the City of Garland, and their involvement in similar legislative issues, the City
consents to the Consultant's engagement as a consultant to the City of Garland, and directs
C~asultant, where possible, to coordinate work performed on behalf of both cities so that the
maximum advantage to the cities may be attained.
XVII. AssigoabilitYt The Consultant shall not assign any interest in this
Agreement and shall not transfer any interest in this Agreement (whether by assignment,
novation, or otherwise) without the prior written consent of the City thereto.
XVII1. ,gverability: All agreements and covenants contained herein are
severable, and in the event any of them, with the exception of those contained in sections headed
"Scope of Services," "Independent Contractor Relationship," and "Compensation and Method of
Payment" hereof, shall be held to be invalid by any court of competent jurisdiction, this
O Agreement shall be interpreted as though such invalid agreements or covenants were not
contained herein. 1
XIX. Responsibilities for Claim gad Llg ility: Approval by the City shall not
constitute not be deemed a release of the responsibility and liability of the Consultant for the
O accuracy and competency of its work; nor shall such approval be deemed to be an assumption of
such responsibility of the City for any defect in any report or other documents prepared by the • O
Consultant, its employees, officers, agents, and consultants.
XX. , .odMKgtion of Agreement: No waiver or modification of this
Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in
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µTiting and duly executed by the party to be charged therewith, and no evidence of any waiver or
modification shall be offered or received in evidence in any proceeding arising between the
parties hereto out of or affecting this Agreement, or the rights or obligations of the parties
hereunder, unless such waiver or modification is in writing, duly executed as aforesaid; and, the
parties further agree that the provisions of this section will not be waived as herein set forth.
XXI. Captions: The captions of this Agmaneat are for informational purposes only
and shall not in any way affect the substantive terms or conditions of this Agreement.
XXII, Diadio4 Effect, This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, legal
representatives, successors, and assigns where permitted by this Agreement.
IN WITNESS HEREOF, the City of Denton, Tex&% has caused this Agreement to be
executed by its duly authorized City Manager and Consultant has executed this Agreement
through its duly authorized undersigned officer, dated this the day of
1947.
CITY OF DENTON
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Ted Benavides, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
p
By:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:_~~ l
, L.L.P.
BERNSEN JAM IL &
By
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ATTES
By:
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Agenda No.
Agenda Item
Date
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CITY OF DENTON, TEXAS Economic Development • 216E. McKinney • Denton, Texas 76201
Tetephona 19401 349-8305 • FAX 19401 349-7239
I
MEMORANDUM
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DATE: October 31, 1997
TO: Mayor and City Council Members
FROM: Linda Ratliff, Director of Economic Development
THROUGH: Ted Benavides, City Manage
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SUBJECT: An Ordinance of the City of nton Authorizing the City Manager to
execute on behalf of the City of Denton an acceptance of an offer from the
Texas Department of Transportation relating to a grant for the preparation
of an Airport Layout Plan and Design Services to reconstruct a terminal
apron at the Denton Municipal Airport and declaring an effective date.
RECOMMENDATION:
The Airport Advisory Board and staff recommend approval of the contract between the
City of Denton and the Texas Department of Transportation for design services to
reconstruct the Denton Municipal Airport terminal apron.
BACKGROUND:
Several capital improvement projects were identified and approved by the Federal
Aviation Administration (FAA) during the development of our 1994 Airport Master Plan.
The contract you are being asked to consider represents one of those identified projects.
The FAA originally scheduled this project for 1995196; however, federal funds have been
reduced in recent years and FAA projects are now running approximately two to three
• }'ears behind. Last year the Texas Department of Transportation (TxD OT) assumed • •
responsibility for disbursement and management of federal aviation funds for Texas
airports. This is N+hy the contract your are being asked to consider is with T%D OT rather
than the FAA.
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'Dedicated to Oiahry Smice'
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SCOPE OF PROJECT:
The current condition of the terminal apron is described in this excerpt from the TxDOT
Program Narrative: i
Although this pavement [terminal apron] has had a slurry sea' within the
last three years and has received other maintenance attention throughout
the years, there has been no major work on the apron since its original
construction in 1442. The pavement is showing serious signs of
deterioration. Several areas are failing through the base course and most
of the pavement is cracking, even through the seal coat. If the pavement is
not reconstructed in the immediate future, it is feared that water will be
introduced into the base and subgrade and the entire structure will be lost"
FISCAL IMPACT:
The City's participation is ten percent of the total project costs. TxDOT has divided this
particular project into two phases; the first phase is for design and the second phase is for
the actual reconstruction of the apron. Although you are currently being asked to
consider setting aside S 10,000 for the design of the project, acceptance of this contract
will commit the City to the reconstruction of the apron within two years. The City of
Denton's participation in the total project is outlined below:
T=DOT City of Dtaten
Phase Total Cost 90% 10%
Phase One
Design S 100,000 S 90,000 S 10,000
Phase Two
Reconstruction 1,000,000 900,000 100.000
Total Project $1,100,000 5990,000 110,000
Phase One Funding: SI0,000 was allocated to "grant funding" for the design of the
terminal apron in the 1997198 budget.
Phase Two Funding: The City Manager has indicated he will locate the appropriate
funding for this project in either the 199611999 or 19992000 budget.
Please let me know if you have any questions regarding this project.
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ORDINANCE NO,
AN ORDINANCE OF THE CITY OF DENTON AUT`HOR1ZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN
ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO A GRANT FOR THE PREPARATION OF AN
AIRPORT LAYOUT PLAN AND DESIGN SERVICES TO RECONSTRUCT A
TERMINAL APRON AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECLI_ON 1. That the City Manager of the City of Denton is hereby authorized to
execute on behalf of the City of Denton an acceptance of an offer from the Texas
Department of Transportation relating to a grant for ti:e preparation of an airport layout
plan and design services to reconstruct a terminal apron at the Denton Municipal Airport,
a copy of such grant being attached hereto and made a part hereof for all purposes and
referenced as TXDOT Contract No. SXXFA003.
SEM N I. That the City Manager or his designate is hereby authorized to
execute and the City of Denton agrees to comply with any as wwKes, conditions, or
agreements required to be executed to receive the funds provided under this grant.
SLEM N III. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of _ 1997•
JACK MILLER, MAYOR j
• ATTEST.
JENNIFER WAITERS, CITY SECRETARY
• APPROVED AS TO LEGAL FORM: i •
HERBERT L. PROUTY, CITY ATTORNEY
c~Gtv1 ;
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TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT Contract Nc.:8XXFA003
Part I - Identification of the Project
R
TO: The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Department
of Transportatior.
This Agreement is made And entered into by and between the
TEXAS DEPARTMENT OF TRANSPORTATION , (hereinafter referred to as
the "State"), for and on behalf of the State of Texas, and the City
of Denton, Texas, (hereinafter referred to as tha "Sponsor').
WITNESSETH:
WHEREAS, the Sponsor desires to sponsor a project for the
development of a public aviation facility, known or to be
designated as the Airport under the Airport and Airway Improvement
Act of 1982, as repealed and recodified in Title 49 United States
Code, Section 47101 et seq., (hereinafter referred to as "Title 49
U.S.C."), and Rules, Regulations and Procedures promulgated
pursuant thereto; and under V.T.C.A. Transportation Code, Title 3,
Chapters 21-22, et seq. (Vernon and Vernon Supp); and
WHEREAS, the project is desc: d as follows: prepare an
Airport Layout Plan; design services reconstruct terminal apron
at the Denton Municipal Airport; and
WHEREAS, the Sponsor hereby applies for federal financial
assistance and desires the State to act as the Sponsor's agent in
matters connected with the project described above; and
WHEREAS, the parties hereto, by this Agreement, do hereby fix
their respective responsibilities, W.th reference to each other,
with reference to the accomplishment of said project and with
reference to the United States.
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NOW THEREFORE, pursuant to and for the purpose of carrying out
the provisions of Title 49 U.S.C., and in consideration of (a) the
sponsor's adoption and ratification of the representations and
assurances contained in said Airport Project Participation
Agreement and its acceptance of this offer as hereinafter provided,
and (b) the benefits to accrue to the United States and the public
from the accomplishment of the project and compliance with the
assurances and conditions as herein provided, THE TEXAS DEPARTMENT
OF TRANSPORTATION, MR AND ON BEHALF OF THE UNITED STATES, FEDERAL
AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"),
HEREBY OFFERS AND AGREES to pay, as the United States share of the
allowable costs incurred in accomplishing the project, ninety
percentum of all allowable project costs. This grant is made on and
subject to the following terms and conditions:
Part II - Offer of Financial Assistance
1. The allowable costs of the project shall not include any costs
determined by the State to be ineligible for consideration as
to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et se., . (Vernon
and Vernon Supp), and the Airport Zoning Act, Tex. Loc. Govt.
Code Ann. 55 241.001 et seq. (Vernon and Vernon Supp).
2. It is estimated that design project cost will be approximately
S100,000(Amount A). It is further estimated that
approximately S100,000(Amount B) of the project costs will be
eligible for federal financial assistance, and that federal
financial assistance will be for ninety percent (90%) of the
eligible project costs. Final determination of federal
eligibility of total project costs will be determined by the
State in accordance with federal guidelines lines following
completion of design.
The total estimated project cost for the design and
construction phases of this project is $1,100,000(',mount C).
The construction phase will be started upon completion of
• design, dependent upon availability of federal funds, and
approval of the Texas Transportatiom Commission. A separate
grant will be issued for the construction phase.
3. The maximum obligation of the United States payable under this
offer shall be S90,000(Amount D).
• This grant should not be construed as block grant funds for ` • •
the Sponsor, but as a ;rant for funding of the scope items as
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listed on page one of this agreement. It is the intent of the
State to provide funding to complete the approved work items
of this grant and not to amend the scope of work to include
items outside of the current determined needs of this project.
Scope of work may be amended as necessary to fulfill the
unforseen needs of this specific development project within
the spirit of the approved scope, subject to the availability
of state, federal, and/or local funds.
4. It is estimated that the Sponsor's share of the total project
costs will be $10,000(Amount E). The Sponsor specifically
agrees that it shall pay any project costs which exceed the
sum of the federal share (Amount D).
It is further agreed that the Sponsor will reimburse the State
for any payment or payments made by the State in behalf of the
Sponsor which are in excess of the federal percentage of
financial participation as heretofore stated in Paragraph
II-2. The State shall refund to the Sponsor, at the financial
closure of the project, any excess funds provided by the
Sponsor.
5. During design, if the estimated eligible total project costs
exceed Amount C, above, the Sponsor may request the State to
void this Agreement, whereupon the State shall agree to void
this Agreement upon the satisfaction of the following
conditions:
a. the Sponsor's request to the State to void the Agreement
shall be in writing and dated; and
b. if required by the State, the Sponsor shall reimburse the
State for funds expended on this project and Sponsor
shall assume the responsibility for any future expenses
for contracted services or materials related to the
project for which a contract had been executed prior to
the Sponsor's request to void the Agreement. Sponsor
funds held by the State may be retained until this
requirement is satisfied, and
•
C. failure on the part of the Sponsor to comply with the i
conditions of this paragraph shall constitute a breach of '
this Agreement.
6. Upon satisfaction of the conditions specified in Paragraph
II-5 above, the State shall declare this Agreement null and `
void, and this Agreement shall have no force and effect, • •
except that unexpended or unencumbered monies actually
deposited by the Sponsor and held with the State for project f
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purposes shall be returned to the Sponsor within a reasonable
time.
7. If there is an overrun in the total eligible project costs
(Amount B), the State may increase the federal funds to cover
the amount of overrun not to exceed the statutory
fifteen (15%) percent federal funds limitation. The State
may, at the request of the Sponsor, participate in additional
eligible costs to the extent of the aforesaid appropriate
percentages and subject to the availability of federal funds.
Participation in additional federally eligible costs may !
require approval by the Texas Transportation Commission. The I
State will not authorize expenditures in excess of the dollar
amounts identified in this Agreement and any amendments
thereto, without the consent of the Sponsor.
Payment of the United States share of the allowable project
costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the State and
the Federal Aviation Administration, hereinafter referred to
as the "FAA", shall prescribe. Final determination of the
United States share will be based upon the final audit of the
total amount of allowable project costs and settlement will be
mane for any upward or downward adjustments to the Federal
share of costs.
S. At project closeout, Sponsor will be reimbursed for any
credited amounts that exceed Sponsor's share.
9. Sponsor, by executing this Agreement certifies, and upon
request, shall furnish proof to the State that it has
sufficient funds to meet its share ci the costs as heretofore
stated. The Sponsor hereby grant} to the state and federal
government the right, upon advance written request during
reasonable and regular business hours, to audit any books and
records of the Sponsor to verify said funds. In addition, the
Sponsor shall disclose the source of all funds for the project
and its ability to finance and operate the project.
• Following the execution of this Agreement and upon written
demand by the State, the Sponsor's financial obligation
(Amount E) sha'1 be due and payable to the State. State may
request the Sponsor's financial obligation in partial
payments. Should the Sponsor fail to pay said obligation,
either in whole or in part, within 30 days of written demand,
• the State may exercise its rights under Paragraph III-9
hereof. Likewise, should the State be unwilling or unable to • •
pay its obligation in a timely manner, the failure to pay
Page 4 of 16
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shall be considered a breach and the Sponsor may exercise any
rights and remedies it has at law or equity.
Expenditures for eligible project costs for the above project
made by the State or the Spons~: prior to the award of a
federal grant for said project, and prior to actual receipt of
the authority to expend federal grant funds, shall be made
from Sponsor funds.
PART III - Sponsor Responsibilities
1. In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Airport Assurances
(06/02/97)(State Modified 7/97), attached hereto and made
a part of this Agreement; and
b. it will, in the operation of the facility, comply with
all applicable state and federal laws, rules,
regulations, procedures, covenants and assurances
required by the State of Texas or the FAA in connection
with the federal grant; and
c. the Airport or navigational facility which is the subject
of this Agreement shall be controlled for a period of at
least 20 years, and improvements made or acquired under
this project shall be operated, repaired and maintained
in a safe and serviceable manner for the useful life of
said improvements, not to exceed 20 years; and
d. consistent with safety and security requirements, it
shall make the airport or air navigational facility
available to all types, kinds and clasrr_s of aeronautical
use without unjust discrimination uetween such types,
kinds and classes and shall provide adequate public
access during the term of this Agreement; and
e. it shall not grant or permit anyone to exercise an
exclusive right for the conduct of aeronautical activity r
on or about an airport landing area. Aeronautical =
activities include, but are not limited to scheduled
airline flights, charter flights, flight instruction,
aircraft sales, rental and repair, sale of aviation
petroleum products and aerial applications. The landing •
area consists of runways or landing strips, taxiways,
Page 5 of 16
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packing aprons, roads, airport lighting and navigational
aids; and
f. it shall not permit non-aeronautical use of airport
facilities, unless noted on an approved Airport Layout
Plan, without prior approval of the State/FAA; and
g. it shall not enter into any agreement nor permit any
aircraft to gain direct ground access to the Sponsor's
airport from private property adjacent to or in the
immediate area of the airport. Further, Sponsor shall
not allow aircraft direct ground access to private
property. Sponsor shall be subject to this prohibition,
commonly known as a "through-the-fence operation," unless
an exception is granted '.n writing by the State due to
extreme circumstances; and
h. it will acquire all property interests identified as
needed for the purposes of this project and comply with
all applicable state and federal laws, rules,
regulations, procedures, covenants and assurances
required by the State of Texas or the FAA in connection
with the federal grant in the acquisition of such
property interests; and that airport property identified
within the scope of this project and Attorney's
Certificate of Airport Property Interests shall be
pledged to airport use and shall not be removed from such
use without prior written approval of the Stater and
i. the Sponsor shall submit to the State annual statements
of airport revenues and expenses as requested; and
j. all fees collected for the use of an airport or
navigational facility constructed with funds provided
under the program shall be reasonable and
nondiscriminatory. The proceeds of such fees shall be
used solely for the development, operation and
maintenance of the Sponsor's system of airport(s) or
navigational facility(ites). Sponsor shall not be
•
required to pledge income received from the mineral
i estate to airport use unless state and/or federal funds i
were used to acquire the mineral estate of airport lands
or any interests therein; and
k. an Airport Fund shall be established by resolution, order
or ordinance in the treasury of the Sponsor, or evidence
• of the prior creation of an existing airport fund or a 1 • •
I properly executed copy of the resolution, order, or
J ordinance creating such a fund shall be submitted to the
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State. Such fund may be an account within another fund,
but must be accounted for in such a manner that all
revenues, expenses, retained earnings, and balances in
the account are discernable from other types of monies
identified in the fund as a whole. All fees, charges,
rents, and money from any source derived from airport
operations must be deposited in said Airport Fund and
shall not be diverted to the general revenue fund or any
other revenue fund of the Sponsor. All expenditures from
the Airport Fund shall be solely for airport or airport
system purposes. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless, prior to
such subsequent approval of a grant or loan, Sponsor has
complied with the requirements of this subparagraph; and
1. following completion of the project where airport
lighting is part of a project, the Sponsor shall operate
such lighting from sunset to sunrise, either manually or
by radio control; and
M. insofar as it is reasonable and within its power, Sponsor
shall adopt and enforce zoning regulations to restrict
the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and
activities compatible with normal airport operations as
provided in Tex. Loc. Govt. Code Ann. 65 241.001 et seq.
(Vernon and Vernon Supp.). Sponsor shall also acquire
and retain avigation easements or other property
interests in or rights to use of land or airspace, unless
sponsor can show that acquisition and retention of such
interests will be impractical or will result in undue
hardship to Sponsor. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless Sponsor has,
prior to such subsequent approval of a grant or loan,
adopted and passed an airport hazard zoning ordinance or
order approved by the state; and
n. it will provide upon request to the State, the
engineering or planning consultant, and the FAA copies of
any maps, plans, or reports of the project site,
applicable to or affecting the Above project; and r
o. after reasonable notice, it will permit the State, the
FAA, and any consultants and contractors associated with
this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and • •
contractors associated with this project, to enter
private property for purposes necessary to this project;
and
Page 7 of 16
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p. all development of an airport constructed with program
funds shall be consistent with the Airport Layout Plan
approved by the State and maintained by the Sponsor. A
reproducible copy of such plan, and all subsequent
modifications thereto, shall be filed with the State for
approval; and
q. it shall take all steps, including litigation if
necessary, to recover funds spent fraudulently,
wastefully, or in violation of Federal antitrust
statutes, or misused in any other manner in any project
upon which Federal and State funds have been expended.
For the purposes of this grant agreement, the term
"funds" means funds, however used or disbursed by the
Sponsor or Agent that were originally paid pursuant to
this or any other grant agreement. It shall obtain the
approval of the State as to any determination of the
amount of such funds. It shall return the recovered
share, including funds recovered by settlement, order or
judgement, to the State. It shall furnish to the State,
upon request, all documents and records pertaining to the
determination of the amount of the funds or to any
settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other
final positions of the Sponsor, in court or otherwise,
involving the recovery of such funds shall be approved in
advance by the State.
2. The Sponsor hereby certifies to the State that it will have
acquired clear title in fee simple to all property upon which
construction work is to be performed, or have acquired a
leasehold on such property for a term of not less than 20
years, prior to the advertisement for bids for such
construction or procurement of facilities that are part of the
above project, and within the time frame of the project, a
sufficient interest (easement or otherwise) in any other
property which may be affected by the project.
3. The Sponsor, to the extent of its legal authority to do so,
• shall save harmless the State, the State's agents, employees
or contractors from all claims and liability due to activities
of the Sponsor, the Sponsor's agents or employees performed
under this agreement. The Sponsor, to the extent of its legal
authority to do so, shall also save harmless the State, the
State's agents, employees or contractors from any and all
expenses, including attorney fees which might be incurred by
• the State in litigation or otherwise resisting said claim or • •
J liabilities which might be imposed on the State as the result
Page A of 16
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of such activities by the Sponsor, the sponsor's agents or
employees.
4. The Sponsor's acceptance of this offer and ratification and
adoption of the Agreement incorporated herein shall be
evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and said Agreement shall comprise a
contract, constituting the obligations and rights of the State
of Texas and the Sponsor with respect to the accomplishment of
the project and the operation and maintenance of the airport.
Such Agreement shall become effective upon execution of this
instrument and shall remain in full force and effect for a
period of at least 20 years.
5. Upon entering into this Agreement, Sponsor hereby agrees to
name an individual, as the Sponsor's Authorized
Representative, who shall be the State's contact with regard
to this project, and which individual shall have the authority
to make approvals and disapprovals as required on behalf of
the Sponsor.
6. Upon entering into this Agreement, Sponsor hereby agrees to
name at least three individuals, as the Sponsor's Consultant
Selection Committee, to represent the Sponsor in the selection
of engineering and/or planning consultants; and to name a
chairperson of the selection committees and to provide a
suitable location for pre-bid and for pre-construction
conferences, and for the submission and opening of
construction bids.
7, The Sponsor and not the State shall, for all purposes, be the
"Sponsor" of the project identified above as defined in Title
49 U.S.C.. Sponsor agrees to assume responsibility for
operation of the facility in compliance with all applicable
state and federal requirements including any statutes, rules,
regulations, assurances, procedures or any other directives
before, during and after the completion of this project.
8. The Sponsor by execution of this grant, certifies that it has
• implemented, or will implement during this project, an
effective airport pavement maintenance management program, and r
it assures that it will use such program during the period of '
this Agreement. It will provide upon written request, such 3
reports on pavement condition and pavement management programs
as the State determines may be useful. Failure to comply with
this condition may make the Sponsor ineligible for future •
grants.
Page 9 of 16
10A.
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9. The Sponsor shall have on file with the State a current and f
approved Attorney's Certificate of Airport Property Interests
and Exhibit A property map.
10. The Sponsor shall have on file with the State a Certification
Regarding Drug-Free Workplace Requirements.
11. Unless otherwise approved by the State, the Sponsor will not
acquire or permit any contractor or subcontractor to acquire
any steel or manufactured products produced outside the
United States to be used for any project for airport
development or noise compatibility for which funds are
provided under this grant. The Sponsor will include in every
contract a provision implementing this special condition.
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Part IV- Nomination of the Agent
1. The Sponsor hereby designates the State as the party to apply
for, receive and disburse all funds used, or to be used, in
payment of the costs of said project, or in reimbursement to
either of the parties hereto for costs incurred. I
2. The State agrees to assume the responsibility to assure that
all aspects of the grant and project are done in compliance
with all applicable state and federal requirements including
any statutes, rules, regulations, assurances, procedures or
any other directives, except as otherwise specifically
provided herein.
3. The State shall, for all purposes in connection with the
project identified above, be the Agent of the Sponsor. The
Sponsor herewith grants the State a power of attorney to act
as its agent to perform the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State
Treasury any and all project funds granted, allowed, and f
paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional
appropriation made pursuant thereto, and the Sponsor;
i
b. receive, review, approve and process Sponsor's
reimbursement requests for approved project costs; and
• •
c. pay to the Sponsor, from granted funds, the portion of
any approved reasonable and eligible project costs F
Page 10 of 16
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fin. r•-.-.-+.+r . .
a
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incurred by the Sponsor that are in excess of the
Sponsor's share.
Paying Agent:
d. receive, review, approve and pay invoices and payment
requests for services and materials supplied in
accordance with State approved contracts;
e. when applicable; receive, review and approve
reimbursement requests for reasonable and eligible
property acquisition costs incurred by the Sponsor,
provided the required documentation is supplied.
Contraoting Agent:
f. advertise for professional engineering and/or planning
services for, but not limited to, the preparation of
planning studies, plans and specifications for the above
project and for the management of the construction of the
above project; certify consultant selection procedures;
provide notification of contract award for professional
services; and negotiate professional services fees; and
execute, on behalf of the Sponsor, a professional
services agreement as related to this project;
g, administer Disadvantage Business Enterprises (DBE) and/or
Historically Underutilized Business (HUB) Programs in
accordance with federal and state regulations.
Contract Management Agent:
h. exercise such supervision and direction of the project
work as the State reasonably finds appropriate. Where
there is an irreconcilable conflict or difference of
opinion, judgment, order or direction between the State
and the Sponsor, any engineer, contractor, or j
materialman, the State shall issue a written order which E
shall prevail and be controlling; h
i. coordinate and review project plans, specifications and
construction; coordinate and conduct progress and final
• inspections.
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Page 11 of 16
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• t ~'S, ~ ! f i t s 4 : `l t~ ~ a j a Q [ < : ~i y a;
- - - ~ _ - il~ _ ~.1 _•---i '~~i=aim ~~!.r:r!~'~~.`2 [ 4, t.., _ _
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PART V - R*aitala
1. The State shall obtain an audit as required by federal or
state regulations; and procure and forward to the FAA such
specific project documentation as is necessary to complete all
aspects of this project.
2. The Sponsor, and not the State, shall be the contractual party
to all construction and professional service contracts entered
into for the accomplishment of this project. The power of
attorney, as granted by the Sponsor to the State in Part IV -
Nomination of Agent, is a limited power to perform acts in
connection with airport improvements as specified in or
necessitated by this Agreement.
3. The Sponsor hereby agrees to pursue and enforce contract items
which are required by federal and/or state regulations, laws
and orders to insure satisfactory performance of contract
vendors. Such items include, but are not limited to, bid
bonds, payment bonds, and performance bonds. Pursuit and
enforcement of contract items may require litigation and other
remedies of law.
4. The United States and the State of Texas shall not be
responsible or liable for damage to property or injury to
persons which may arise from, or be incident to, compliance
with this grant agreement.
5. This Agreement is executed for the sole benefit of the
contracting parties and is not intended or executed for the
direct or incidental benefit of any third party. Furthermore,
the State shall not be a party to any other contract or
commitment which the Sponsor may enter into or assume, or have
entered into or have assumed, in regard to the above project.
6. If the Sponsor fails to comply with the conditions of the
grant, the State may, by written notice to the Sponsor,
suspend the grant in whole or in part. The notice of
• suspension shall contain the following.,
a. The reasons for the suspension and the corrective action `
necessary to lift the suspension;
b. A date by which the corrective action must be taken; i
• c. Notification that consideration will be given to • •
terminating the grant after the corrective action date.
Page 12 of 16
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In the case of suspension or termination, the Sponsor may
request the State to reconsider the suspension or termination.
Such request for reconsideration shall be made within 45 days
afte- receipt of the notice of suspension or termination.
7. Th'- Agreement is subject to the applicable provisions of
Tit. - 49 U.S.C., the V.T.C.A. Transportation Code, Title 3,
C1=-ters 21- 22, et seq., (Vernon and Vernon Supp.), and the
Ai fort Zoning Act, Tex. Loc. Govt. Code Ann. SS 241.001 et
seq. (Vernon and Vernon Supp.). Failure to comply with the
terms of this Agreement or with the aforementioned rules and
statutes shall be considered a breach of this contract and
will allow the State to Fursue the remedies for breach as
stated below.
a. Of primary importance to the State is compliance with the
terms and conditions of this Agreement. If, however,
after all reasonable attempts to require compliance have
failed, the State finds that Sponsor is unwilling and/or
unable to comply with any of the terms and conditions of
this Agreement, the State may pursue any of the following
remedies: (1) require a refund of any money expended
pursuant to the Agreement herein, (2) deny Sponsor's
future requests for aid, (3) request the Attorney General
to bring suit seeking reimbursement of any money expended
on the project pursuant to the Agreement herein, provided
however, these remedies shall not limit the State's
authority to enforce its rules, regulations or orders as
otherwise provided by law, (4) declare this Agreement
null and void, or (5) any other remedy available at law
or in equity.
b. Venue for resolution by a court of competent jurisdiction
of any dispute arising under the terms of this Agreement,
or for enforcement of any of the provisirms of this
Agreement, is specifically set by Agreement of the
parties hereto in Travis County, Texas.
8. The State reserves the right to amend or withdraw this
• Agreement at any time prior to acceptance by the Sponsor. The
acceptance period cannot be greater than 30 days after r
issuance unless extended by the State, which extension shall
not be unreasonably be denied or delayed.
9. This Agreement constitutes the full and total understanding of
• the parties concerning their rights and responsibilities in • •
regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment,
Page 13 of 16
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rescission or revocation is agreed to by both parties in
writing and executed by both parties.
10. All commitments by the Sponsor and the State hereunder are
subject to constitutional and statutory limitations and
restrictions binding upon the Sponsor and the State (including
SS 5 and 7 of article 11 of the Texas Constitution, if
applicable) and to the availability of funds which lawfully
may be applied.
11. The Sponsor's acceptance of this Agreement and ratification
anc' adoption of the Airport Project Participation Agreement
incorporated herein shall be evidenced by execution of this
instrument by the Sponsor, as hereinafter provideL., and this
offer and Acceptance shall comprise a Grant Agreement, as
provided by the Title 49 U.S.C., constituting the contractual
obligations and rights of the United States, the State of
Texas and the Sponsor with ruipect to the accomplishment of
the Project and compliance with the assurances and conditions
as provided herein. Such Grant Agreement shall become
effective upon the State's acceptance of this agreement.
12. This contract is subject to the approval as to form by the
Attorney General of the State of Texas.
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Page 14 of 16
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Part VI - Acceptance of the Sponsor {
The City of Denton does hereby ratify and adopt all
statements, representations, warranties, covenants and agreemei,is I
constituting the described project and incorporated materials
referred to in the foregoing Agreement, and does hereby accept the
Offer, and by such acceptance agrees to all of the terms and
conditions of the Agreement thereof.
Executed this day of , 19
r.ity of ❑ ntnn. T xas
Sponsor
Witness Signature Signature
Witness Title Title
Certificate of Sponsor's Attorney
I, w+~h~el n,, ok , acting as attorney
for rity nr Mont-no Texas, do hereby certify that I have
fully examined the foregoing Agreement and the proceedings taken by
said Sponsor relating thereto, and find that the manner of
acceptance and execution thereof, of the said Agreement by said
Sponsor, is in accordance with the laws of the State of Texas.
Dated at , Texas, this 6th
day 6f octo er , 19 97
• the S gnatur Attorney's Signature
Witness Title Title {
r
i Page 15 of 16
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. .\.Y~nI♦: 19i'.94~V)Jn1aM.~Yw.araw~.s. wrw.i~~..w.~~w wr.nu-Tw..u M~-OYM/ri++~~.
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Ipart VII - Attorney General's Approval
This contract is a??roved as to form.
Attorney General of Texas
By:
Assistant Attorney General
Date:
Part VIII - AoceptancA of the State
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By,
Date'
J ,
Page 16 of 16
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E
ATTACHMENT A
PART V • ASSURANCES
Airport Sponsors
A. OeneraL
1. Tlwss sssuarrc4e shes w aengMd h the prfomwrc4 d part speemr+h tar WW 6evebpn%m akpoA Pkav4rq, end
m1ss mmpsbbly Wraps Warta for OW spa am .
L TMss warless we req ArW b be su1 0 n pM of Sw Airport Pmojsd Part prim AWwrwt (AMA) by ep-
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L Upon wosphnos of the pM ortr by fir parr, from sawrwa w hoapoi In end bbw 00 W of the Were
spsernerrt
IL Dursdon red AppOeabgltq.
1. AkpeR dovakn mnl a Ndss C*mV*db Sty Progtrrr ProHds UndlutabM by a P4ffe Ayrwy Spawa. The hems,
oa 0 and eaeurrx4s of Pw Were spwrwnt @W ranwln in Ld lamp and arfact MOUplrad 9w wWJ We of h kditn
dewbped a a,*Apye t Sogrd'ed br n Sirpert dsM* wre orMss aarVnIZ01y pnprn ieraMe, ortmqWft&mN Moot
Ow prajed Arrw irrelxSad where S halt' under S rroiss oonrpsW9Sy pmapam projsot, kl h rry erere nd lossossd fwnp {20)
years kom IM dire a( aeeepfrws of a pmt offer of FsdwW kinds liar to peed. I km I Ware eld be no bn• on ft
duefon d Sw ssSarraee apahd SseI I rigiPb a M bm a. oardilar and Sssuanoss wl6r nxpad b tit praprty sopdrM
wO Fadrd yards. Fwtwm m ft duallm of 1M CM Rpke asaurrwe aid be spooled In M saa janow
L Alrport Dewkprrwt or Noise Car peMny hojectl UndrtsRn by a PrWeb Sponsor. Thepreoedlq po speo 1 also
sp$" to s p pars wxapt OW the uwM Wle of p *d barns Inateled YAW S yaoly at t* umM I4e of the hdSWS
dewbped or epdpnw d wgrared under an airport dw*Wpnrt or more caV0 Ry p Vw P*d 00 be m less thin ten
(10) yeas ham Sw dete d sooepfrws of FederW mid bar 1M preps
3. Akpod Ptrw l UndrhAm y a Sponsor. Ihtess eSrrwrs xpssMxd h Sw pmt apsamrwt, only ASwnrross 1,2.3, 5, 6,
13.19,30, 32, 33, and 34 In wolon C pply b pMrikp pia jsoh. TM *Tm oad0aw, and sssur+oss of dM smart eggs re
shsl rerlnh in full form and eRed dump to We of fir prajsd
C. Sponsor CartIftsdon. The pones hereby maim er1d cwWWre, wWh roped b Eris pare tat
1. Owwal Fadsral Requirrrwnls, a w41 conply wV N sppileabr Federal hen, repalkbrw, a =L*m andws, Priers,
pldelrwe, end req Femwrb se they releh b 1M prc ct seapfance and use of FsdwW kinds kr this pejecl hc4dkg but ale
LTAW to thefoli"I p
Federal L"We6on
S. Tide 40, U S.C., wAWs 1,11, to rnanded,
b. D&A"ow Ad • 40 U, S.C. 276(x), AA!J l
e Federal Fair Isba Strdarda Act • 79 U. S.C, 201, JM
d, I Wch Ad • 5 U.S.C. 1501, EAL
e. Urefff A sbesilan Aswtnp end AeW Property Ac*hllrn Pokre Aar o (I M Tfr 42 U S.C. 4601, Id
t NNee6orwl Ketak Pm"YsW Ad d I M • Seclon 106.16 U. S.C. 470(f).l
0 Alrheeloposr end KWWIC Pr4aervelbn Ad of 1074.16 U.S.C, 400 Swoupa 4NC l
ti NaIM Americans Omrn Repstrrtbn Ad • 23 VI C' 3$000M 3001, WJSSW.
L Crum Air Ad, P.L DO, 148, ss rrwdsd
Cowls! Zone lrsna o w Act, P,L 0.1206, as nwlded.
IL Flood Mawr Prarctbn Ad of I M • Sedbn 102(s) • 42 U S.C. 4012x 1
1 1. Ttle t0 ,U.S.C., Sadbn 307, Vamerty loom p Sacbn 4(Q)
tn, RMnblalbn Ad of 1073.20 U, S.C. 794.
n. CM RWft Ad of 1064. Tit %1.42 U.S.C. MW ftm* d~.
e. Ape Dr InAwdon Ad of 1075.42 U.3 A. 6101, iy¢ err
• V Arrel 6.r RrrsAa of 1966 42U S C 4161 f~
r. Pam pW W hduelrtd Fuel Use Ad d IM. Ssdbn 403.2 U.3,0.1373,1 1
S. Centred Work News and S4lsfy SWWvdsrd • 40 U.S.C. 327, djiL
t CopWwW Ar43dc" k Ad .18 U,S C. nor
W. NaliorW EnaYamrtai Poky Ad of 1 M • 42 U.S.C. 4321, A MI
V. Wild and So@* RMe Ad, P.L lPM n amry~sd
w. Single AvA Ad of 1664.31 U,S C. 7701, the
IL Dwe" Walgrn Ad of 1965.41 U.S.C. 702 f rao 706. V
• Faso*m Order 11248. E* W Errrpbymare Oppoe uJy1 • •
Eaea+tlre Order 11900 • Proliadkom of Wetlands
Erea0M Order 11 WOW • FbodPrin MON O 0
EaeauM Order 12372 • irtrgove W Wft RMew of Federal Ptoprhe.
Emallrs Ordr 12000 • S"Te: SW* d Fcdrsi end Fsderaily Aasrrd New St/drp ConebucSonl +
EosWlve Order12606.5, l oiwrwtel Aaetia4
I
AipuA Mwrrm (OSA197 • Swe Medihd Ttft) A. I
20~ I
•
•
Federal Rsgrdsllcna '
a. 14 CFR Pat 1S • brwsfpo and 06mco wl Pmosdrm
b. 14 CFR Pet I0 • Rut" d Prscfa For FadwA Aabbd AkW EnPonrnwt Aroouigs.
C. 14 C FR Pat 150-OW n*s oompat!!y pis
d, 29 CFR Pei
• Araedrrw ter psdiernritrton d wep rslaa t
s. 29 CFA Pet 2 • CanYadaa and erboatrctra on pbk hAWV or pitc walk fhanad In wh* ar pat
by lore a grata from ft Uritad Shia.f
t. 29 CFR PM S • Leber atrdrds Fwo% r appk@W he creeds o"! badrmp Wofced and ambled
erebtrAon (abs btw standards praYiona applubta b rereerub4aM ooreadm agod b 1ti Centred
Wert Flours and Safaly Standards A!4.
p. 41 CFR PM 00 • Me d Fed" Gonad Campfaroe Propw E*W EnpIoprwi Oppwtm*,
Dapatrtent d Labe (Federal sera ladnay aaabted 0artlacthp re**wmree}
K 40 CFR PM 18 • (;Ntorm sdr*Ost m6w raqukrrenta bf gnnta and cooprafw spsso m lodab wsd
kcal P" Iwo
da.
L 40 CFR PIA 20 • SM rash Woe an kbbrYrg
} 40 CFR Pat 21 • Nendavhkoodon In fadrstl4sWulad poprrre d fe Dopeb w of Trmreprarlen •
efleohallon Of TRb M Of ft CM Rtats Ad Of 1064
IL 40 CFR Pet 22 • Pa 0,4 by i b* lV bumhsa rirpfr h DsprNeA d Tra spubdon propane,
L 40 C FR Part 24 • Uf+I n nbcdbn aalrrns and real propery aoaAablon M Federal and faded/
w"W pmgrsma.
fr40 CF R PM 77. Nw4W* nensfen an Re Male *(P endcap h program end s*Aas mahlrg r
bemflLnp hen FodwW FA--- lr aamtMrna
all 40 CFA PM 20. GwAr rrwsMda dsbrmrs and erepueien (nor jmmrw wq rd gaernrw+ANds
nqutrrwbM*uem IMICO oe(pebl
e. 40 CFR Pet JO • DanW d pub k web =6sch b P40m of goods rd srrkw d eardtas VW deny
pravanwd nwkst maws b U A. orrtracbra
p. 49 CFR Pr141 • SeWnk safely of Fadvol and fsdr* as" M or npMed row Mang cwWrv , 1
OMm ob Manepsrrwm rd Budget CftuLwo
I. Adz. Coe Pnc~lpla Appicabia b OMs era CarArab wM 9taY sera Led Oawmwds.
b Mt 20 • Audb or State wW Lod Oorrmwft
1 Thal lawn do not eppy b sbport pip ing spares. I
2 Thm lows do Ad apply to prNeW a; m, m- .
J 40 CF R Pet 10 end OMN CfrcuW A-47 co ish ro*kw wsa for &*a and Lod Gownlrrwrb rK*M
Fadval assisbncc Any rsgrkvrwt bled upon Sbaa rid Lain Qarrnnens by ft r g -1 Nn and
ch. ales aloe to appbcabb b ptwb sponsors Wd.l ko Federal sabanos Wider Me 49, Umksd
Stags Coda f
SpecOk awrrwa rogtA b be Ocl dod h Ward Wm wib by any of re above lows, npAWbm or thuh n an f
kc*porated by nfrrw h ft 9rw t sprootrec l
1 PAWonaWfltyandAudwitpdtMSprar.
a Puhfe Agwwy Sp ordor. R has bgr P Arey to M fe grK and lo Mans and wry d fe
op a /s pow body Wa ftV M A AP PfA ~ h*oftled Almq sf upassed 9m as a
A a rid
saunas oco i,sd tw@K rd drsdhq and wt7wa*q 9e puma I WWW a fe altar j
np wvbdn d fe apptanl b ad h ooneofon wM tfe APPA and b provide such addbbnal hbrmsfrf
w May be nquis&
i
b Moab tpomort R has tape suferfy b w* fr fe 9rrt and b fk-- erd orry out fw pmpond
pn>laol sera Oampy wM al bears tondbbre and sswnreoam d fYa Wed sOnamrt law' Is I an
oMM mprawhM ark ahet h wrehg dhed and oufwbs iM Wwo b 9b ft AAPA, hMrdinq at
uedraMr 0 g I vd sssuranese owisimed 0 -sh; to ad In = mfen wM Mis APPA; and b VoOds such
*&Vomr I im won as r my be ngrtsd
7 iponm Fund AvallabOty, t has suflkWnt Reds rabble fat lhd PWOM of 9e Ar*d oora whine M err b be pod by to
UrAod Stabs R has euffoird knds awb Wo h sawrm ografm and msbiww of Rene furled under fe Ward ap m wt
• ~ R w0 wn r canted.
4. Good Title
I. R holds Decd Me, ea6stadery b the Saaatry, b ft bn*q arms d it abpet r sb feracf, r all on r
eeworra wWmdery b the Sammy td pond its M be aoefimd.
b. For nobs corrRWM, Program prm(scb b be cuffed eta on fe p opNy of h spefer, b Adds goad We
afstadry b tM SeasWq to tfel potkn of Me property upon wdnidl Federal Reds w1 be sgvded or wl
qM nwr" to fie Secretary that good We A be obtahed
S. praervlnp Rtgfih aIttd Powers. •
• a R M nd take or pemrl r7 sdien wticA wend aprab Is daptw R of eery of M tads and pawn
moearry to prfrm ry r at of to Mee, oenrire and ammrrarloms b fe Wet agrarrert wflraR 11a
weCan approval d M isamlry, sera wf ad pamp9y b ae~Lm, db'pYA er erleey M1' aubbrrs+g hats
or olsbre d tpbl d ofws wAkh wouk tfdstrm wM such polm a bF M spree. TAY alut N doe
h a mnmr aooeptab+a lo fe SsamMy,
Airyorl Awrmae (0b92,97 • Stile Modiywd 7" A. 2
•
i
•
D. t vA real call, lows, member, or cOwrWM tauter or dispose of rry part of Is t% or Ww hMeds h to
,
pi WO ahowro on E*M A to thA APPA or, M . robe oompdEiy peprn project, the pdtkn of ft
proper! upon wtikh Feeenl Ands Mm bow OWded, for ft durdbn a Ow term., cmdlforw, erd
atsuriu a h fM pwo PW"mws wt hag pprovsl by % Ssaohry. IfMw trarwterae la kuM by Ow
Sardry U be sigbis wrier TIla 40, L"W SWn Code, to nerarw Mw oblge0om d Ow poem aprwrwt
"d b Mm tM Dower. suOwty, end fkwnc4t reeowoee b carry aut r each abapatbrw. Ow epowr dw/
W,W In tM caned or doowrwt ►xofm I or dspoakq of ft porwore tnhraat rd mob Wdn Won
tM l7mferee al d tM temw, oaw17OOrw, and assuartoes artaewd h Ala pant agreemrrr.
C. Fa M mace tampatAtly popnrn proJecte %+kh w b W oerrlad da by V4*wr umId bal Pm ' ' M Of
w m Property owrwd b7. w a bed govvnmwr ettw tw Mw )ewer, R oil arser trs an .pwrwM
wt) M+d powmwt Uospt w ahrwiee pee Med by tM Sarsbery. Mot opsemws WW obipke Mot
powre wt b ft we Arno, cm+dlim , rd eeevroee tMl wank be pplkwo b 111 applied dro*
to Mw FAA kr a grant to wderteks ft "robs ow WoMMy pop a, po(ea. Thd apwmwt .rd drapes
ttweto marl be "Woclory M Mw SoveW y. 1 iM bri* elope to aft tie agrerrwmt apWwt nee loaf
gownnwt t two is svbow d ron canpvwe wth ft Wmw a Mw spoon m
d. For rO" wr"MWy prngr.m prajsch k iw oerAed out m prAsley owrwd property, l w~ craw ken an
aprwrwt wth Ow oww a not aYapr! rrhiat 1oArdes provWaw spboned by Mw Sauef.ry . R vA tab
dope la eMaa r" prwrwo ager+d ft property anw wfwww two is uA"raw rwrfoanplrra
wdh Ow wmw at ft apwrwnt
a M Ow spwww la a pr%*@ spawor. I rA loch step. satbfaclay k tee Seonbry fa awn Owl Ow sipat wE
eorrlir„re to tR+cbon n. putwc+ue akPoA h aooadsna wth Mow aoeurenees to Ow dwadon d Bow
.srfMaw
f. K m errr+gmwe r n+eda for m1e^s0enwM sari prMSm d Mw .sport b7 soy sgency a D4rsen oMw thm
tM pawn r on rrpivtee of on apawer, nee .parer wr mw w srlGcWt Aptta rd auhorty b bwT
Owl the aYpon will be "POW WW mahfakwd In sccordrros Tittle 40, Umbd Sobs Code. Mw repubbrw
and iha two. eondtione and esurancee h tee port sgrsrws and afwl Awry the weh Merperrwrt
Woo rputrw w vft os heradh.
t. COMideney wth Local Ptma The ppd Is rweawry oomddrt wth PWM (dd V d Mw &M Of subrraaebm or era
AP PA) d palace aperoiee Ord w auO+onted W taw sore h vAridr tee proud b boabd la plan kr Mw davelopmwe a tee are.
wunewdrq ft sirpart Fa molaa owVoUbiy pops prajeds, onw Own land aepMltrk to be carried cub m property red
ow by tM &W and ow wtxh prop" rro6w egwcy has Wd use oo ib or PA*Ity. Mw aporwr Mal obtain from each
ouch agency a wrtten Qeckra6m ttut each egarwy euppoM het gaoled and Ow )acted la reesmaDry carwielanl wM tM
agorkyt pWw ragerdkrg ~ ProWrt7•
7. Comswwst lion a tacd brered. R has ON" few cws4v.non loft Mrwt a CATnwRwwe I nor mm wMn Ow proMd mry
be bested.
1. Coneutatlom With Uera. h r wklrq 16Wi1;on to undMab.ny OW dsv610prr0 paled wrier Tula 40, UMW Stales
Cade, l hn undMaksn renamable carer A&Wrw wdh eReded prow v" Ow airport d wWO roved Is popoesd.
1. Pubfk Hssrirga, to )resod hrabkg iM Ioafa of M OPort, an *W ew". or. meior nlrMy dwmkWn t has aHadd
ew oppW rwy kr pubic lwa %p for ft purpoee a Co "40irq 1M ecomaNC socK rd rwiral 0 affech a Bee eirpod a
wwo) kcatlm and Is oonswimq wth gods .rd ogectM. of such PWWft ee hw been waled od by Mw omvrv+ Y and 1
srW, wtwn feawsw by tee Saer*". K&rr i copy of the bsrnerlpl of am oss' pa to tM SsaMry. F~. kr oat
prajads, R hee m Rs rtw+perrwt bard aRher voting repraosrsetl~m ham Mw omeraa+lla. wfwn Mw )resod la boded r hee
advkW Ow comrarrtba the O+7 hen Mw rtpk to patpbn Ow Secretary corKarriq a pop"W )reject.
11. Ak and 1Hstr ou9ty S undwd L M projMe hvdrkq atrpoA kaGOrL . mya rvnvey swMdai, a fww.y looaton I VA
prp(4e for Ow Domm& of the cote h ~ Mw )eject Is boded be arts! In wt♦rq la rd Sscrdry OW Mw projed vA be
Iocd ad, dvo g , constnic ed, rd epenhd es n k camper! *Ih spptoabb W and ~ tu•ey erandr I - h any sees VRwe
vim atandrds ham nol been ppo+ed and wtwre applicable air and water pdft standards Mm 1wM PromvAg4 d by 1M
Adr dw*" d hs En* rnsrhl Protaetbn Agency, osrbRa6m Md be obtshW kernouch AQnrLiWoW. Hotly d
arbficabon a shad to crth May be provided wVm sbdy drys attar ow Wood APPA Ica been rsomw by Mw sscrdry.
11. Parrrw4 hrvarrive M SW*Mra Wth reaped k a p v0d )pond slw Jrrwy 1, low, Ow ft IPWM,wt or
• wwgb dim Of pamrrwt at tee wwt I wwee or csrdAos "I hw L gienwrled an offo*A OW Pawrwi
rtwkaerwrlMnwnperrwnl program Bred 1 www the 1 vA uee OL" pepsin 1r % uwM Its d r0' pswrwt crrtruded,
reconstuebd or repaWd Mete Federal Ilraaid aWdr I It Mw asperl I VA "Aft woh am an pay" 0 cm woo W4
pl aim nwnagmwnt pror-, a Ow wader! dermbtes may be um&U
12. Temrnat Devalapmrd PnrsrnrsRM For voiscts w1>ich hctuda lean lnal denlopnwt d. publo w airport ee dohwd In
Um 40,1 hes, on tee date d soAr" t of ft prdsd pant rp OK a1 M Is" aprfp %t 840 fr COWICa0m of such
airport under sec m 44706 of M 40, Wed Sw&s C oae, and all Ow secwk spa{mw l rP*A by rW or rsabeak Md has
pevded kr access to Mw psawa ")Warp .rd dOP" fee a Kith aaprt b psasergw ar)W+Yq W46001 ban
• een R aher pun ak camw WCFA
•
sapkq Rpukerrwnt..
11. AccourMkp Sydern Audk and RaordY
a. I vW temp all Vopd x=ur is and wvx* ~ %ft decbw nee emowt end 6"*O m by to falpiert
of Ow proopsh d nee gmK On idyl and of ft pajsd Im cm -wc0on Kith ~ tee rws h glwr or wd,
and pee arn"t or twh$$ of Merl PAW of Ow ocd of ft projed rippled by cow saYlaM, and such *w
&w4ml oom peArnN b Ow project T7re socowts rd twade .teal be Mgt in atkadsn, wM an
aeeantrq syderw teal oil roc Iu,te an Macdm auk h.eeadrra Kith tfw Shya AuA Add 1961.
Airport Aerwwwm (06610197 • Staw Moddred T" A4
• i err - •
•
_ r
i
b. R ow Mft svdsblS b M Smobty and IM Carvhw Osrwd of to LWW 3k$m or any d *I* dtlr
wttwaod npowidJrM br fw papas d wA and m l a w~ wry boob, denwwas, p ww%. and
r*M of ft nt>ofsrA thO n try b fw pram TM lwsery rwy fspAro ltd m ppe$ " ' Suit
b ow+Arcled by s negiwt h any ow h Mich m iMapsrba t audR k n+sds d tM aooorarti d es
spwwor rsbhp lot* depowom dttw premeds O fm ¢wg w rek*g b fw pe)ad In" nwAlen wM
vdiM fw prove vras pMn w uas4 i atW ib a artaisd espy of wdr Sudk MM to Compbalw Ow" of
IM U A Stair not W r fwt W (b) mwAM h16CFAp Ow case of td facd yw br Mich to audl roves
maws.
14. &U*mm Wapa RMaa. R W* Ock*, In d torrscts h sseass of 12,000 fa wok an wry V** Nq uvdw fw pmt
sprwnwi Mien IrmdL hbw, poMkro wabhlinp mhhsan r" of va A b be praddam4 by ttw Soo*" of labor, h
aoear , , vAh tM DrA WM m Act, r mwdsd (40 U.S.C. 276627"' Mddr owWSdon MW pry b WOW ud WAISM
lobo, wd woh rrttn m" ties shsl bs "W h MS I obbon for bid ofd" be hokdsd In peI I or bids for ft wk
Is. Vdarwr'a prsfarsrkw R shd Acids h al ca tracb M rob on wry pod Ratdsd udw to prrd sprswr0 rtich hvdw
MW. such p M%W'r r ors fwcaaawy b hour fuel In re snpb)r * d Mw (wow In ftomboor airir6rtafw, VA
aupwvrory pwMorr), prsluutoi ctrl D. pMn b Ysiwan d tM tASbrrn ws and AsabMd wlrw r dafbw6 h Sidion
h I l2 d Ttfs W, L;mW Stdr Cads. Howovw, fi pn(rmoS WW apply wiy dvsm fw h MA im we rwftbW and prMSd
to psrbrrn trw wok to Mint ft 410" wd mWw
IL Co" bmdly to PLms and ipufllesdonc 1 wl wwd+b 0w pr*ot a bjsd b pWm sI - IM fms, wd uho* as sppwW by
to SSUStary. Such pW m0S 11cafiau, and actwAAsa dW be subr 0 b to Soo dw, plan to coo wKe m W ob
PrWwaft4 "nagud % Of WW p+Aanwn" under ft WIWI AVOMM A sad, tgen lpprwM d fw Sientwy, &W bi
0 capaatad No fii vwt aw" wt Any moh)e m b ft wpo+id pbm. ew*40ww, end sohoMn shd ciao bo
subjsd b appoal d fw ssawsry, and 0 wpol Word pant aprwrwt
It. Cawtru bm brpSCUen and AppwaL R wf pvAde rd mkiah aor WMe bdvicd a69snbim at Ire owwlucaon sM
0m# aA fw pajsd to swore lhd fw wt ardanw b Mw pWU prYkafaw wd SOMM" Wpwrd by fw Sm Va y iw
tM pojsd R shss subJad tM owwtructfm watt m wy pojad - W wd h m ppw"d pr*d AFPA b I pec5a wd
spgfad by ft Ssu@Wv ofd owh wag std be In iuwhn" MM r$VAaforw Ofd WoNArr pa- A by fw Ssasbry.
&x;h rsA l law and tuuesduss sw m" ouch cat srd pl v rpatkq ty fw spwww a ponws d such psjsot r
ttr Saadwy 09 dawn nrwry.
It. munirq Fo*e(s. h wryhp of pwA'q pajsrAtt:
L R w0 ssseub to pr*ct In seoordana wth M appwW pfaprrn r - od "rdgvsd in fvs prgW APPA
or Mfr ft mooksoaw shWrty sppmsd
b. R rtes Rafiatr w Saus4r)'rtM sud+ parI - . rapoAS r ra*w p*%h Lq low pwkrL V*d and
plwngq work aaMb".
C. R vM hc" h as putkhW m@WW pparid h carwcW wM f.+. pft - pa{sd a red" "VA
edrY vae prsprsd wow • wand p A&d by fw U+9W slats.
d. Awl mags wM mdwW anlsbb la wmrrhabm by fvs pAAk, wd open hr no msssrfal prspwW wM
Ands urdw Mil po)sd ahal b. subjad b copyi V h tM UrAW States a ary ofw owx*y.
i. R we plw ttw somtwy wn*kw px*lty b pArlsh, d mow 0 - - and ofwrwlr use any d ft
mMaflal;w"o in co L PKI n wfh Mgr Wart
f. R wt prwA tM 6aaStwy the npN b irppv r to spwwah ampbpwd of sp t& cawlmb end lhw
wAarftdms b do al or wy W of I& pr*d r vfsl r fw"b Om" rA ft pperd s"pi and
oat d poAnwm *Rvk*
p k vA pram fw Ssastry ft r" b issppron ft as of ft wards anpoyiss b do d or wy pwt of
to WOO&
h 1 radsralm4 and aprsr ttrf the Swdwys appinl d fi po)sd grwd w M 3*wvWys sW vv l of
my pbrvtkq rrMe dsveLipad r W d Mb pwi der na! oonstAA a inpfy my aasurma w
carrrirrwi m fw W Of M Ssaf 7 b ppvri "POND +p a Tutus rsQusst br s Fadsfal WW put
19. Operation and Mahtarwna.
a. The Wpxt wsd sA facktos wtich srs rummy to swvs ft awwwAat usws of tM sgpat, o0w fan
faciaiaa owfwd or Mfirsled by to UnAW Stahl, atrr be opmW d Y fmr h a sde srd sanksabb
• cavglan and In omwdwm wM to mk*m sfmdSrda r my bi rsQuksd or prowl sd by apploabb
Fodwsl, Bats and local sprcies for rnahNnSrga and opm"an. 1 A nd ewwa or parrs ary achy or
adbn thwson vAAOh woW htwfM MM b ur far *W pvpar. R YA auI l l) opwds and rrukiah
M OW w d d W A R M ttwom a corrvweW Msrrwft w M dw rspwd b dmfe and Road oarft
Any praperl b Wmpwarfy cio" ft rrpM fw rwwrmw" pupa mid kd bo appevad by fa
$aadwy.
In kgtw n" d full arum", M sparer Wl trrfa h ~ m," w+b br-
(1) OP$io& fw *WI are wLft l hcbw wtWwAr n*AS#
(2) P and lo" Mart m& Wq hum sifpart amdrarw Frcidkq errpaary
(3) Frompfy , QVA shnm Of my "rdltal Sffaobq awsnwAl' Ur d M drporL •
Not' oa ' ' hafoh b W bo"freI , b fspls fwt fw akpart ba oVsn*d tar asrpw A, ur
dump M posy prrbd Mom www, flout a cdw chmft Oafltwwla hlar%m wM such pwsbaf and
makdsrtanos. F~, fdlinp her* o d be emsh s rvgAl fw eWiwwmpair. rmbm mW or
rspbewwd of afy *uct re of fsc8lty Midt Is rbslanfafy dwm* or dsibgid due b m ad of God or
otlw oondRim a oiaanafarci bfywk fw ombd d IM pwom
b. R vff suAaby opusN and mSYtrr rw ss tonpstba pop sm h+rw the i ovrw w tarArab u wn rhk3r
Federal Ands how* fwM oWde .
Aupart Aaw wm (M-OW - kW M*MW 797) A. 4
•
20. Hused Rrnoval and IARipatioe. R caw take aM opAOts -eon b save VW such brnVM Wepaw a Is ngLA b probd
Y+eNmml and YWA Opel 1% b M wpot (kxAdtrq afaI I I rrdritsun bola aabrdes) vA be Ode Ie eirred and
prdaded by remoArq, Iorrbi rriocatinp, cold or Ipnenp or ceo vA Mga6q a 49 *W twawds and by p vmbV
W solabaslrnrd or aoeeon d Mn argon hacar(h
21. Corrpatfble Land I)es, R vA We am op a ecOm kvckAN M of lmkq taws, b M WON reeepuble, b nos k ~I
the vae of ■nd a~NOani b or In M kn4ne6nM *k*y or the export b -eAlas err' cOnipOODh vdA nemtil *w
oPasiiwu, McAdtrp taMng and takaoR of *r&& In add m R M pro)ed Is It, Ale commPoARy program ImpinO WSO~ It
w11 rd cwra or pam+R ny tMrga In tend use, vAMA Is Xdsdldbn, out wA reams b oe oobbAy, wMh roped b the skport
of M nose cornet JNY program maeuas upon vrhiM FOWW hxda hM bean agmdwd
22. Ec..womk MordlsertrrAMIS r►
a, R wo arks b *W anaabte are an akpOA br pubk uw an oNco tarn nd wow ur#uet
Gucrknin w% b any peon, Aran, or corp* I" to OonKt or b or+pspe to my owmaubw admty tw
WhhN "Moos 10 ft b. to apnwnant cOrtrfel, o, Yrx+p o uder whkA s Agri w pi do t M akpeA Y
grr#ad b arty pracR Rnq r oaryoreftn b eandud r b snpOps h any aaorrdlct eclvRy W NNt+~
PwAcw boom pubic d ft wpA M aloha wa suut "sift pi avWorK ro*A b p M oo k o" b
(1) harieh aW swvkw on a rw-nds, cad not ur~pwty deakikulay, beaks b al Looms aMrsd, and
(2) dope rweni I I , and not vyUly dbcA I Wort', pbsa fr weh LM Of wvbe, pra16W VW M
cmlrador my be aeowee to make rase- 11 see nadlwlmYwory dhceu'ts, rabtn, or caw adw
typo of price reduction to vokorm wdam
c. Each 6*&bnW opt saw t M &rW"be wb{ad to to same rubs, fora, reriW, and other cherpos
sa wav+ w" appkabh b al odw bad bead opaakn maldnp M awns or armor Loan d wM sOW
W4 %KA M Owns of sknbr Iscojes
d. Each w wrW uskv wxh WW "Karoo M Aplt b ft Itself of b Loa any budawed Operelor f+t
Is suhottsd or psrmieed by Vw airport b 6" wry ak con Wd at ouch allot
e. Each or co em us" such akpod odw as a too rail - or sublwwt of araew t con
!mart} shJ W eubjed to wxn nonC-hninetory cad w~eOrtlWy eanprabM oleo, ngL, don,
eandtio s, rules, fee, nwtta, wd otter dwgw wMl1 reaped b f AMN dkect and subetwtlaty MWAd
b provtdirg W trmapcAaeOn q Ye sppkebh b a1 wd1 ak arrlare writs make sk for use d such akpod
and Ufte slrraw f"*s, wb)ad b naeonable I Wleaeona ouch se twwie or oten- a cad
sprive" carton s d nouipru oy esrtlera. Cbwfkuesn w shkrs w knot n siprrtory shat robe
waaswrabry *tNSW by my airport prcmr d m ek = W eowmn W 44a KtOin sly skrAw to
rose *oady w pow an w cwnws km saoh olaaifkabsn w eblus,
f. M vN nd oo U or pram amy rVt or p V*p ~ opw*n b prNOn( any pow Ilan, w oorporalbn
OperwN wcnR m ft akpK born pattrmNp wry ew4m on b own oftrall with Its sum wog Dorvss
('ncMdlrg, but not ImMed to maktmance, rspsk, wd fUYq) tht R my dwee to perform
p. In ft rrsri M sponsor teal wonder any of M Ague V4 Prwiapaa nierred b 01 We Pasurna. M
oervkw hvatva0 w9 a provldad o M carne terdltiona a weld ally tO M fuitahLq " • r!r WWAG
h oorrrnsrc al asronwbctl sanM1Ca provfdwt euexrrtaod b/ M aDonaw undr Hun prerYion
x The sponsor may ntabtish wxh rvoweble, and nd un#wlty dI-rkrlntwy, owxWon to be mat by IM
Uwe d the topoA as r4 y W ntwawy far M safe cad offic* a"ow of ft rrpwt
L The sponsor may prd+DM or gm1 any gran typo, Idnd or con of wcm d w Ue of the Okw r such
scw is necwowy Ica the We operstim of the OW, or necwwy to serve M cW &Abw node of M
pA&-
27. Eschntw Wghtu. 1 wa psma no saokAlvs Apht for the Low d the arpwt by "Palo prsAs n htmdkg to prrowe,
ewwwjk l wAas to M pubk. For pope" of eks pasgraph, 04 proddkrp d M servkaa t n akpal by s sr+ph Ibud
bawd opvela atuR nd b• canstrusd w art arckraAV Apht / bum d M bMvw4q apple!
L R wWd d urweentty coatiy. Dudrumu, a Irtpraceeal fair more lun on fkred•bOaad operator to P VAM
wen senlOas, and
b V WW*' og mere Mn on fb o$ end opv" b proAdo such wvkoe wall nq*o M m4webon of apes
lased punuwt b n adetMq agreement betrwm such shgb 6*64oMd 1; 1, r cad such akport
j kvtw agree out R wA not stew (Srecty or harociy, prat or peonit my person, Mm, or copae6al, M wMk MI AON at
• ttu airport to conduct any ewwwlIcel adrlties, kxAd g, Nut not Wad to dw W ikplts, pit t w*V, e{mraR rwtal cad
aghteaeeq, awed Phdopraphy. Cop dUabng, soft &"ft g cad avveytrq, IN canto OW85", aberom ales sad wvkAw
ash Of VM" PWOOIr+n+ proArta M*QW Of W o naxtad h W*rr nth OW aar"ACW &*AY. W& cad r
maktenrxe d we a ah of a' cn. ports, and wry W w -bA bm %Nch beewne d!hear And rslatbnfip b ft o" oft of
aireM can be rspwdW a on a WWAW aemy, and lul 1 w! twRlkub wry OckwM eght b o" in es WOXCt 6*0"
now adding t such am airport before M Wart of any ,soma vdw TWO AN, ()Mad Shbe Gods.
2e. Fee and Rental sbuctum R we msirtsh a fW and rental sblydus iw M %*MW end aMON at rd WW wtYCh wi MOM
M wlort are eer•wwsNrq as poaida under tM cinpxnebnCw adores at M paAkular Opel, Wdrq Fes seesurt such
• fedon ae M vohrer d trafRC cad ow o) oreosecf+ort No pen d M /edrt ahw d m akpeA OerMopnwt, *W p 0
phmkq or now cormpobvy pmod ter vAJCh a Prot is made under The M. UnRW swes co* M Nrlat cad A"
knprowwt Ad d 1162, M Fedwsl A#port Ad a tlu AkpoR cad AYway Cenlepnurt Add 1pT0 slut a k+cfuded h M rte
be" h eWbpship Fast, ftw, wd doges fa Lean Of Stet akpal
I
Arlan Awu o (06'!1197 • Suer Mod *4 7.97) A• 7 II
--.z.- 1111
•
•
21. Akya1 Rwwruua
a. N nwrKm panrMW by re *W and now bat tow en aa/allon hoof sobbaMwd of Dsosmbw 00, 1107,
*4 be esmande0 by R br M eapkd or opm v6 cosy of ft abpwt to bd &W syo*m or otw"
4A*H wf+kh an ownW or opaMsd W M owwsr or o wgw d M *w and V"ch we 6rsdly and
*Aobtd My roWW b M Bawl sk trarrgo tmft of; ssbsr A or prepsrty, or for nobs rtWgoW pwposss as
or off he atpat PfortdK "mom vr,"9 ovnrrns or ow~ m h daM map fto Yausd b*m Spw rbw
2, 1 pet, by M mm a ap~ d M akpwt a praviskar wwcbd echo SapW r" 0, I NZ h eo'w^wg
oWL4 a cwh oil M 0aaw a o"Mm a h - Ki prvAda la M uw d M mfraaea ban ary d M M'pat
voRw or opsrala o bclofw, hcAaFlp M wtpart Is support rd"M afpad but mina ft *Wd avow or
Mom AN prwbf d& obaoodwes or Ww hcwjft NN We 1 *oft on M um of M mw%m psr0 by
ft airport (ard, h to case of s pubk Wigan baf bum on PAOv Pest) slrt nd apply.
b. As W of M amwl wudR rpakf0 urdr M Shds Au4A Add 1 tel M aponw wO dkad awl nr. &AX wit
rMw, and M rwuRkq audR real wit provt0a wn ophbn oonosninp, M ws d wipat monies and tam h
parpraph (s), and h %c % vAaaew Pods peso a Mamfrred b M rawrar a apusbr arf paid a trwneferred In
a R'JrWr ee MY1rt rM Us p, UMW SLYS Cads w A wV o6or oppkaob prahM of Inv, Orki ft wy
rsoy pranApMW by M Se sk" or Ad Nm Wdw.
c. Any M1 pera tss or cow asncWm wf be 6vq on for r oWto cof is asswarce h wmdana with ft
prw%km of Seaton 47107 of Tbs 40, Ur*W Stabs Cc &
20, Repata end Mttpscboo& R wet
A. swW b M Sway" weh amwf or spwoai SrtarteYi and apraRorr reporh r thw Swstry a" rw obly
m;%" and mks such mpoAs ■mkbie b Me poser, mdra amble to he pubic at rewwatabY thws and
Onions a report or be *W hwod In a famd prfacwAsd by tom Seaehry.
b. for akpert drwbpnwo trojbas, rtrq the *W end M &w scads rk doewrw" osoc enp M *wt
k A V deeds, bases, operWor and m Wwmrta, r@WAWS r rd dtw Mbvwb, rvawA for
J'apfdlan by now duly wthartrsd spirt of M SwMry upon ressarabfe mrAit
C. for noise cempalbEy pregnm pi o* , maws nands and doew,wts r*10 b tom project and wowed
c*To&mce wM ft Lures, c* w** , rd as k nnoss of ft prsrt wprsma krAdvp dude, Yaws,
@Wev w b, npltalbm, and anon hWwramb, reel" for Inopsanon by any dr+►7 wewCsd spool of ft
Seenfry upon rfaam I I narwt and
d. h a %c m fed ttma pnwDW by M so* otary, pvmo to eM Secnfary and monks ava%w b ft pA*
lcaoefp 6wh of ra fYal yews, m ar" real selfq In date.
P)one amwrta psk by M atrpat b arry oMr uK d pawrrrwt and M pwpmN fa wW nch surly
pyrrwt wM mech. and
in one srvkN rd pnprty prw4f W by rd si pw b *w was of powmwt sM M arnowt or
cwoftubm W*ow for pravMfon *(*eh ouch farNon and pro" ty.
27. Use by Oovwmmnt Akan 1L R 1W make avoUbY M of rd fae01 d M *W dsvM,; Fsdrd *wcW uoMwm
end M ►bsa ussDY for Yndvq and taboff d aircraR lathe UnRed S1aNs fa ww by GOwRfnw akerall h cannon mm ethr
a kersA r M t n n vMaA clwpa, sttept r M uu bf Ganrrrnen! afuwR Y substarOoL o" rmy be mods fa a rasa abY
Wn, proport wW b &Ych use, ra M o* doper" and ms nW4rp to *Oss wed. Iktaaa odw As Mom 1 insd by ft
Sovdary, or aQlenOu agrasd b by M spmw and the ushp agency, subotonM we of w airport by Gwmrrwd oircm4 M
9e tomidrsd b oaYl wfrn aprstia+s d suM sk Val1 as h saaa or Now whkk In M opkton of M SecMary, would wdury
iNerfre wth won of M krrdvq arw by oMr P&4 ttbd *mk or dr/r9 wl o" do mO it OW.
8. F"(15) of mss Ggamoywrt acme we rpulrly bond at M skpat a an WW **Woo* ;or
b. The t" nanber or movem&Vo (carting s@M WOV no mawe w iQ d tbwmwt Nrasll Y 000 a
maf, a M prose aocrrrwWM rrHght d Oovrrnwt tlrarR u*V M atryat (N trial marmr/ of
Gm*wwt w c R%A oW by gross wal(tta d aurlr aharaR) Y h a+a sons d Res pion powda.
21. LwW for F Wes W FbennaL R won krr*h wMnut cost b ft Fedrsl OwArw art Ar oaf h DoMlsdbn WO sery * Mona
cantrd a sir mvlpMton scYAYa, a westhrtfpattnq and carrrawtcsnat bcUAles rbtaMd b Mr trsfk c* * any anon of tend
a weir, a wlLfs thwoK or Aphis In hA*Vs a (td W~ u M Seerahry eons.. nKtlwry or doskabis Ion
cwnb o^ oprabat end rnarAwamoo M Fodrwl eparw d spsa a ha0 for such purpusw Such arbr or arty panes
Rand won be rAde raAobW as probed l+rso w wh row matlfe rflar nest d a wrMn ro*" Man M Swetary.
29. A Wport L&jmA Plan.
f w. R w♦ keep nip b dMa It M tknu wn srpoA Yyat PYn d M skpat BIWA g (1) bar W d M skpeA and M
prIF, bddftxr Donis, bpslhef w1N M bow+dsRas Of M orhRo wrou PM110 or anbaMd by too Para for
IN v4 Wnx$wrw~ ( ion nAwArM mdwv spoi Win Darldnge. lwgsrs row) hr,A M
k proposed wdanabm now ro&cb m of a I I &W b mw. WA m M kloattw I of ad adMrp and prep
na viseon arms rrd of se W"kg knprcwrwts Nadal SHdt *W YyaA plbm and sum - 00* 0 t,
mWon, a medkbAon Mod, "be &J*d logo ppovaf d M SeaMry wAYh aWwW dra be
wWw"d by M so mehos d a O* awhWUW rpnwriOofMb of M Swsbry art t* We of M *W WpA
• PWL Tm pones wil rd m*A or psrme arty clwapM at aerators h M *W or rry of b fsellbs wftdl M
f'd h owwmy wfth M skw WMA piss so spprtwd by ho Seawery and Okh frioK h to apften of M •
l Sevary, 86 a ody &Mod the m fefy, utVy a Ado cy d Me airport
I
Airport Aaw~ (06'0197 • Rao Moch 7~m A. 6
•
•
b. N a dhwhge or aAralon into @kW a Or WIN*$ w nods yttdh to Sswslry ddw"*w sdmwea ,
aflects the eddy, voy, or wlkwncy d any lsdrspy owned, he" a kahdsd plum y on w OR Or OW
and wrkh Is real In cm ft IAy wlh ft akw woof pion ea apporsd by Ow Saastery, Or mw or
spends wit O requeted, by Ill SecaWy (f) ~Yrhahte such sdvsree dbd h e mwrw appo - by ft
Secretary, or (2) bar of COM of r*oafthg such prepsny (air I"Ism eat Swoof) b a she aeeeplnw b Ow
SrKrtwy wd al oasts of reetatrhg Koh propeety (w faphom 0 e Ihsrsof) b Or Wt of eafety, wy,
shKAV VY, and Cat d"Non ehdstk+g babe Or wWp rAd drape h fee *W or as bcflOw
3P. CM Rdglkt R ww oompyf wO such rows as we Pa. &OWd b sewrs Ord me pawh shed, an ft gouda of rpm weed.
ooior, na6wW orV^ seR sgs, or fee be aRCAded hrn psAklpafYhg h wee artMy oorhdratsd wAh a berheMhhg has lhrhda
reseed hom Ova prsnL Thia aewim oblip lea fee eporoor iw the pMod &AV wt Fedww fharx4w neMMrwa In
sdw dd b fee prowwv~ estea whwe Fedart 6rwoW nsWww Is No prMds, or he h ft beam of PrwM , wwy or real i
pv"r?y or ~
p ) 04 pwOmem w r +S ~ ~ wNdh ta Papa Is u W fora ppeea a,h or "
nN wnqOwsk u a fr bAo aiq p.A nafa (1
Vusk krr Fwar
fmcW neWw" is wdw4. d, or for rhafher pmpow hwMirhp the prodabn of shift servkea or berwf . or (b) fee proud
dwtV ~ Ow epw*w seeks crmwshlp a possnsbn of tha prop"
31. 01 sposal of land.
IL For WW phrtrread w der a grr+f kr sYpal rolu carpabMy p r owe, k rho dwpeee of to W4 vOw
Ow WW is no longr needed for wCh p opee s, at bF noMt vvPA, t fee urbt pradkabte Sms. Thd
of wch b to SswaWy 10 depwit In N TrrL* Fw4
f W wt d Krdon of ft Swtryyl)) be p r aid No
or 2) be rs4wseld in an ppvad rows eanpaMMy prayed w pree, 2 by ft Seertwy,
b. (1) For ird pwdrsd uhdar a pant for airport dsvokprwt popes" (CSw Ora neW aargtl ARA R
vA when the WW Is nor lomW meded Par eIrW papaw, OWW of wdh land t W RWW VIA* or
msW tyaasbfa b Ihe Secrstery an .rout squat to ft (khbd Sesame propaOmts shwa t ft hir naiad
oar or Sr Wd, TMt portion d Ow proeeeda of such dlapaslfon wftoh Y proparaahte to ft Lpdsd
Sttn' owe of rd cal of ecguleRiorh of such surd wR (a) upon sppacsSon b Ow Secretary, be rsFwaad
h www dow *W kprownwd Poled or; I i I Ia apprwsd by Or Ssaabry t Ohs aepoR or W"
Ow ,wW airport syasm, o (b) bs psld b Ow SsasWy br dep*m h fee Trot Fund S ro etglhw pr*d
adsM.
M Land of W be muldersd to be rweded For Pepat prpow udw M aruanoe If (a)1 may to needed
kr arorwbed pupos rs (irKA+ merry protection tare) or earns as mles Wft Mad, wd (b) the
mwrs tram fashion hoes Of suCh WW anOAuln b Or WW%M 9W4Uff wncy of Or a' PA Furthr.
Wd Wdm W with a pmt aced by an ehrW opaator a ownerbslaa Dwwnbw 7I, 1957, w4 be
coneNsred lobe nsded For siport "Poem iffee Sw d&Y a Fodsrd agency makhp such WW beka
Dem.be 31, was oblfed by the operas or omw of fee Len of sucl Wd, did rd ob)ed b Purr
un, wd Ow fwd testae b be used W OW purpose, UlC h ass hevhg Comrwhad no I" thwf
Decambw IS. ION.
C. taspoaxion of each bad under (a) or (b) w4 be au0jed to the rstw Om or rnwval m of any Ptwst or Vd
therwA neaesmy to sown OW such tend *4 arvy be used for Purpax 0OJ as cwroettw wAh now
M.sw nsadaled *M optW on of tow a rpo4
72. ErbVm*rVq and De sign Swvkn. A tell award each corhtrPCt a eutbcontrsd to program mrrgemrt, Conetn OM
mrwgw wt D % D, Mndiy shrdks, a thAecbral aeMon, prsi+trrry wpheehq, dseiprL s^OYrsrin0. suvsylrp,
mapphp a rsW W aenkn wsri aeped b Ow V*Pd In ar same mwrw n a mob br arcisceaeland srhpirhwYp
wvkn is rwgousW udr TIM IX of the Federt Property W A* **m" 3r*a Ad of 1060 or an "Meet
qualiikat mused m*kwrwd pr 4bsd for of by Ow spars of ft atpwt
27. Foreign hlwh M Retrktlen a A wt nd aAoiv Ards pratdd undo tNe gee b a hwsd b had weary proieat w/vCh aces arty
product or srNCS of a Wraps am" 6A g ft prod h wfich such baign OPA*y Y bbd by the lhisd States Tads
R speswisM n dwhytq lair end epAabw mwhd ogpalu bes br products wd nppbrs Cf Ow Uric Stales h prothrsmrt
sod ewes ucdon.
34. Polktet, Standards, and Specttkatfom R w4 terry oaf aw Pr*d In owwdena wllh pasties, standards, rd epedlleaAerhe
approved by Rw Ssustwy l q m Or but not hid to fee a0my cft%Avs bbd h ft Cuars FAA Adrbay Q CtArs kr MP
• pro", dead May 1.11 H and I Adw In eft OronL and in eceaer,a with applfable sees PCdwd, eMndrds, w,d
specAcwlaw approved by ft Secrawy
r
711. Raaadon and Read Property AequleAla► (1) A wee D. Pbded h PCquWq rM property, b tar grealsa odaM prscStsbw
udw Stale Mw, by the lsnd tKtAskon poacwa In Su0pw1 S or 40 CFR PPrl 24 wd tell pry of rsh bww property wvrwe for
neCnary spsrwn ee a" "M 1 h Subpart O. (21 A w9 prwlds ■ rsbCabn eaaietrha preprrn eflrYp Iha ssrNas described
h SubpPrl C the }air wd fwahabw abcatlM pW w" wd mLi Mnoa b dwpboed pow n rsq*sd h SutpaA D wd E of
Y CFR Pw12s. (3) A teal meth MANIA W" s raeeorwbw Pww O(dm pear b depbownwt, comparebw apwcwrrrt
dwaEnps b 6apiecd pasaw h ww dsna wtli Subpart E of N CFR W 2,L
• 30. Access By htwdlry tkra. The arW vmwr a opado wi PWMA b fhe mr A PA adwt OaCWabM, FteroRy bate a •
other nodes of t wwwwm b have Goan b Ow airport hwm w, A has f* eeipeSan b head special hCAUaa br MaNy
peaces a Fa adrr nwdsa of tansportadorL
t
Aerput Awrenca (0611197 • Starr S W"41.Y) A. 7
_
71
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CURRENT FAA ADVMCAY CIRCLR.ARS FOR AI PROJECTS
Updalad On: May 1,161
NVMNPt IL*ACT
7074641 H, CHO 1 d 2 okdnrfM MrWi ww-,.p
150500413 knarrmwt dAmMbft RTCA ks., Cow~ RTCM221, Odirrr W RaowrefAmded
Roq%*op , br AlrWSwboa Miwrwq Sawera
1 S0S104 a 4c MM4dvd. Dghu ky. W Paattry Carwulrt Swwra br Alf W Owl Pnljwft
1S092f436 hMrpq, M4Aaq acrd l+lliy d Va%"m LAW M an AkW
1 50321 4 7 6 AiaA Fro and Roma C rwn:rteaf m
150x521414 Mrw Fire and Raiaw Pow ►rd PwrMCfm Cwt6v
IM0S2141 S A0W R4icu4 W nYaAy" SI MM a AMI Didpn
19(V5210.11 era w a Mtato6ra Tm k4jd AkW Pwnvrld
15WZ20 4e Waaw 6rpq/r Syabvm br AMwall Fw W Reeaw RiMtbn
1SM22410A CuMt SoadimGm br Wdwtfewa In* Akwd Raadra W PhAOliy V04"
1 50 52241 36 Rumrsy &i%m Cw~ Svww SowfWaGM OdM
15&U20-14A Aow Flt and Afro a Valtda SPwdeadM Odds
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CERTIFICATION OF PMkXC? FUNDS
TxDOT Contract No.: BXXFAC03
I, Kathy nusnaa 1aaSat nt rity anagnr of Finaape
(Name) (Title)
do hereby certify that sufficient funds to meet the Sponsor's share
of project costs as identified in the Airport Project Participation
Agreement for said project will be available in accordance with the
schedule shown below:
SPONSOR FUNDS
92u= AmnlipL nata Available
General Fund S10 000 October 1 1997
i
The City of Denton has caused this to be duly executed in its name,
this ai-h day of n,#-obsr 1997.
City of Denton
(Sponsor)
a
By:
Title: A9st City MdnaQex of Finn e
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DEN
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CERTIFICATION of AIRPORT FUND
TxDOT Contract No.: SXXFA003 €
It Kathy DuBose , Assistant City Manager of Finance,
(Name) (Title)
do hereby certify that the General Fund Airport Fund has
(Name of Fund)
been established for the City of Denton, and that all fees,
charges, rents, and money from any source derived from airport
operations will be deposited for the benefit of the
rpnaral Fund Airport Fund and will not be diverted for
(Name of Fund)
other general revenue fund expenditures or any other special fund
of the City of Denton and that all expenditures from the Fund will
be solely for airport purposes. Such fund may be, an account as part
of another fund, but must be accounted for in such a manner that
all revenues, expenses, retained earnings, and balances in the
account are discernable from other types of monies identified in
the fund as a whole.
The City of Denton has caused this to be duly executed in its name,
this _Qih_ day of octnher 1997.
City of Denton
(Sponsor)
F
By: F
Title: Assistant City Manager of Finance
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DESIGNATION OF SPONSOR'S ADTHMZZD RZMBLNTATIW
TXDOT Contract No.: BxxFA003 -
I, Ted Benavides, City Manager
(Name) (Title)
hereby designate Ted HenavJiey,City auagar as the Sponsor's
,Name, Title)
authorized representative for the project, who shall have the
authority to make approvals and disapproval$ as required on behalf
of the Sponsor.
The City of Denton has caused this to be duly executed in its name,
this 6th Aay of QCtnbgr 1997.
rity a nenton
(Sponsor)
By:
Title: CitY.Man"aer
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DESIGNATION OF SPONSOR'S
CONSULTANT SELECTION COHNITTEE
TxDOT Contract No.. OXXFA003
if Linde Rwtliff 0 DIXectnr of Economic DavaInpment
(Name) (Title)
hereby designate the following named individuals as the City of
Denton Consultant Selection committee for the project.
Name Title (if appropriate):
David Hill, Director of Planning
Jerry Clark, Director of Engineering
Jill Jordan, Director of Water Utilities
1
The City of Denton has caused this to be duly executed in its name,
this day of 1997.
City of Denton 1
(Sponsorl
By: ~c
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Title: Director of Economic Development ;
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CDt?ZrICA2r011 ARMSDn0a DRUG-rue WOMPIACR RLyUIVAM rs
A. The grantee certifies that it will or will continue to provide a dzug-free
workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibition:
(b) Establishing an ongoing drug-free awareness program to inform employees
about-
11) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining ■ drug-free workplace;
13) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(1) The penalties that may be imposed upon employees for drug abuse E
violations occurring in the workplace;
(e) making it a requirement that each employee to be engaged in the
performance of the grant be given a Copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that,
as a condition of employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation
of a criminal drug statute occurring in the workplace no later than
five calendar days after such conviction;
(a) Notifying the agency in writing, within ten calendar days after receiving
notice under paragraph Id) (2) from ■n employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on
whose grant activity the convicted employee was working, unless the Federal
agency has designated a central point for the receipt of such notices.
Notices shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving
notice under paragraph (d)12), with respect to any employee who is so
convicted-
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs ta), (b), (c), (d), (el, and (f),
B. The grantee may insert in the space provided below the altelsl for the
performance of work done in connection with the specific grant:
-1 Piece of Performance (street address, city, =ounty, state, sip code)
-
npn`nn Munle•Spa1 Airport,
5000 Airport Road
Denton TX 76207
Check if there are workplaces on file that are not identified here.
Signed: Dated: s;,^.toher 6. 1997
• •
Ted Benavideo Ci Manager
a Tit r
Type Name o sponsor Representative
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Agenda No. 9 TO~6
Agenda item Z
Date_
CITY COUNCIL RIPORT
To: Mayor and Himabers of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: November 4, 1997
SUBJECT: AN ORDINANCE A=PTnW A TRACT OF LAND IN TBE WILLIAM LWYD
SURVIY, AS SHOW IN THE DIDICATICK INSTRDMa1T IaCUTED By DOIOIIE SPARKS
FOR THI CHESTER RIAM SPARKS ESTATE, AND BET7Y CIAMPITT FOR T= CLhWITT
FAMILY TRUST,ATTACAED HIMTO, FOR STREET AND UTILITY PURPOSIS: AND
DICLARINO AN EFFECTIVE DATE.
REOCMM~DATICU : '
The Engineering G Transportation Department recosmands approval-
BACKGROUIW
Donnie Sparks and Betty Claspitt own a tract of land in which a portion
of the proposed Audra / Nottingham route traverses. They have &greed to
dedicate the needed right-of-ray for the improvements.
PROGR7W8 DEPARTMENTS, OR QROUPS ATPICTLD:
Eagineeriw G Transportation Departarnt, Donnie Sparks, Betty Clowitt.
FISCAL IMPACT:
Costs associated with the Audta / Nottingham Connection project.
AI 2Y fO~IITTED:
f
Rick a ~
Deputy City Manger
Prepared by: f'
Paul Williamson
Technical Assistant, Right-of-Way
t y
Approved by:
• J Clark • •
Di for of Engineering i Transportation
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ORDINANCE NO.
AN ORDINANCE ACCEPTWG A TRACT OF LAND IN THE WILLIAM LLOYD SURVEY,
AS SHOWN IN THE DEDICATION INSTRUMENT EXECUTED BY DONNIE SPARKS
FOR THE CHESTER ELMER SPARKS ESTATE, AND BETTY CLAMPITT FOR THE
CLAMPITT FAMILY TRUST, ATTACHED HERETO, FOR STREET AND UT LITY
PURPOSES; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City of Denton, Texas, accepts the dedication of a tract of land in the
William Lloyd Survey for street and utility purposes, as offered by dedication deed executed by
Donnie Sparks for the Cbester Elmer Sparks Estate and Betty Clampitt for the Clsmpitt Family
Trust, dated August 2D, 1997, a copy of which is attached.
SECTION II That the Department of Planning is directed to show the property
dedicated as public streets and for public utility purposes on the official map of the City of
Denton, Texas.
SECTION III. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of
1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
• BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROM. CITY ATTORNEY
BY: /j •ie
I
D'EDICATION OF PROPZRTY FOR PUBLIC USX
That Betty ClaWitt, as Trustee for the Cla Witt Panily Trust and
Donnie sparks, as the surviving beneficiaries of the Chaster !leer
Sparks 'Estate dedicate to the public forever for the use of streets and
utilities the property described is 'Exhibit "A", attached to and
incorporated herein by reference containing a total of .1769 acres of {
land.
'Executed this Z 0day of t4 c~ Cj S-r 1997
,
By ~NYte E. by :
Donnie Sparks betty Clumpitti'Trustoe
T= STAT'E OF !'EAS, S
COUNTY OF DXNTON, S
This inststaeot was acknowledged befforelne on ~L1~c(S? ZO{ti` 11907
,
Donnie %Wks . ~(tlC CT. 1/~ ~ ~
Notary Public, in and for the Lb of Texas
My
• Commission Expires Q
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T" STAT'E OF TEZU, S
COUNTY OF DIIPPOK, S
This instrument was acknowledged before ne an
GuSr 70 ,1997
by betty Clanpitt.
p H. Notary Public, in sad for the Mate of Texas
~aph MUC SWE 1~W My Commission 'Expires Qt• 9
f4 tawi,6~e E,oY~ ka ti 1M 1
• 'Executed this day of , 1997.
CITY of D'EMTOM
iDy:
• Jack D. Killer, Mayor • •
ATT'ESIf
1 by.
Jeanifer Walters, City Secretary
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"1k3;EI81"f An
ALL that certain lot, tract or parcel of land lying sad being situated
in the County of Denton, State of Teams, being part of the Williams
Lloyd Survey, Abstract 'fuaber 773 and being a portion of a tract of
land described by deed to Chester Sparks, and wife Anna Lee Sparks,
reoorded in Volues 3S6, Page $73 of the Deed records of Denton County,
Teas and being nor* particularly described as follows:
BXGI dfI]tfi at the northwest corner of said Sparks tract, sad being the
most westerly northeast corner of a tract conveyed to Su i
Associates, Inc. by deed recorded in Volnan 3219, rage 0345 of the
Real Property Records of Denton County, Te=as, said point lying on the
■outherly Union Pacific railroad right-of-way line;
TllNCi North 69' 074 291 last along Spark's northwest line a distanoe
of 4.32 feet to the beginning of a non-tangent curve to the left whose
radius point bears North 69' 07' 28" last a distance of 460 feet and
whose central angle is 24' 40' 230;
TRVMCi southeasterly along the arc of said curve a distance of 198.09
feet to a point for oorner, said point lying on a month line of said
Spark's tract;
TSXNCi Worth 89' 09' 44" West along said south line a distanw of
107.75 test to a point for corner, said point being the southwest
corner of said Spark's tract;
TEZVCS North 01' 24' 23" West along the west line of Spark's tract a
distance of 161.39 feet to the Ponrr or =Glmffn* and containing .1769
acre of land.
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City of Denton
Engineering & Transportation. Departmmt
Right-of-Way Division
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CITY COUNCIL REPORT Agenda No.
Agenda hem
Date
TO: MAYOR AND I1IEMBERS OF THE CITY COUNCIL
FROM: R. E. Nebo*, Executive Director of Lltr7itks
DATE: NOVEMBER 4,1"7
SUBJECT: APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND ELECTRIC TRANSMISSION r
PROVIDERS IN TEXAS FOR THE PURPOSE OF CONFORMING TO THE 4
REQUIREMENTS OF THE PUBLIC UTILITY REGULATORY ACT OF 1995; AND
PROVIDING AN EFFECTIVE DATE.
RECOMMENDATION:
Approval of the attached Resolution aathorirlag the Mayor to execute the Umbrella Agreemeat for Plumed l
and Uaplaased Traarralssion Service as a trustaiaion cmmwscr.
BACKGROUND:
I
As it re[r of the electric transailnton system bi Texas, the City of Demtoa Ektctrk Utility Is required by
PURA"to have In place a trasmmiwioa service agreement with each of the 37 tramniaiom providers In
Texas. By slgaing tbls Umbrella Agreement as a traaashnloa rarer, oar obligatlom wig be meet for 31 of tkose
providers
Council has previously approved the signature of an Ageacy Agreement wkkk allowed the Electric
Reliability Couwd of Texas Independent System Operator to rigs tbia east Vabrega Agr'eemeat for
Deatoo, as a trawmdasion provider to the re"aiag 36 nun of tran In as n Tessa. The setbn being
taken wader this resolatiom allows Deston to sign the Umbrella Agreement
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
ENctrk Utility Department
FISCAL IMPACT:
Approximately SIZ million per year [a payments for traasne6slon service and lopes.
Please advise if L can provide additional Inforaatioa.
RESPECTFULLY SUBMITTED
i Imo" f ,FjvL{'✓ L~ •
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• R. E. Nelson, Extcative Director ♦ •
Prepared by: Deportment of U#Wtko
Sharon Mays, Director
Electric UtWdes
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND ELECTRIC
TRANSMISSION PROVIDERS IN TEXAS FOR THE PURPOSE OF CONFORMING TO
THE REQUIREMENTS OF THE PUBLIC UTILITY REGULATORY ACT OF 1995, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Public Utility Requlatory Act of 1995 ("PURA")
required all electric utilities in the State of Texas to make their
transmission system available for use as part of a statewide
transmission system; and the Public Utilities Commission of Texas
("PUC") thereafter adopted rules which implement this requirement,
which rules require owners of electric transmission facilities to
have tariff agreements with each entity which makes use of their
transmission system; and
WHEREAS, the practical effect of this requirement, coupled with
the structure of the statewide transmission system created by the
PUC, would result in Denton having to sign an agency agreement as
a transmission-providing utility in the State of Texas, and tariff
agreements with every electric transmission-using utility in the
State of Texas, consisting of tariff agreements for planned and
unplanned transmission service, and tariff agreements for unplanned
transmission service; and
WHEREAS, on June 1, 1997 the City Council passed and approved
Resolution No. 97-021 which authorized and directed the Mayor to
execute an Agency Agreement with ERGOT for the purpose of listing
Denton as a provider of electric transmission services to other
transmission-using utilities throughout the State of Texas; and
WHEREAS, in order to avoid voluminous amounts of paperwork for
all electric utilities in Texas, ERGOT has also developed umbrella
agreements for both planned and unplanned transmission service and
unplanned transmission service for electric utilities utilizing
such transmission services. Denton is a member of ERCOT, and is
• also a user of electric transmission services. ERCOT is willing to
serve as the lawful agent of its member electric utilities in their
capacity as users of electric transmission services for the sole
purpose of executing uniform agreements for planned and unplanned
transmission service and for unplanned transmission service, at no
cost to its member electric utilities; and
• WHEREAS, Denton's approval of the attached Umbrella Agreement
For Planned and Unplanned Transmission Service (Exhibit "A"), to
list Denton as a participant in the umbrella agreements as a user
of electric transmission services; and as a result, will relieve
Denton's Municipal Electric Utility from a considerable amount of
paperwork which would otherwise be needed to comply with PURA; NOW
THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I~ That the City council authorizes and directs the f
Mayor to execute the Umbrella Agreement For Planned and Unplanned .
Transmission Service with the electric transmission providers in i
Texas for the purpose of listing Denton as a user of electric
transmission services. The Umbrella Agreement For Planned and
Unplanned Transmission Service is attached hereto as Bxhibit "A"
and is incorporated by referenc: herewith.
SE~oN II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1997.
JACK KILLERo MAYOR
AT'.^EST t '
JENNIFER HALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY,/CITY ATTORNEY s+.
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L 43RELLA AG8ELMZ.NI'
FOR
PLANNED AND UNM.AhWW TRANSbUSSM gEtvjCz
TUS Aireemaat is medq entered into, and eth -tt+s ttlh day of
199L by sod hawser 'Denton Municipal Uti ] i r i es ('C.11MOa4s") sod 6lsofrio
>ka>blbtlhy Coeacil of Texas. Tae. C PaCOT"). at agent lbr for mermiaiaaowaiet eaotitias
listed m Schaff a A.
WHFRSA3, Cuatvmar ecwb b paticipas in phtaed std ttaphmd aMaaMisdaa
ier►ioe'neeeadecra Ptusoaat b $a@M five Maier 21.67 ad 23.70 ptomi Is by the Public
Utility commissim of resat WA
W31gRF". pursewt b the Snbs<actiee Stride pmmol•crad by the Public Utility
Gomcat im of ream. er trd 'm vwd * mlides ate tetiaa.d b have an file ad& for
phmw and ttapisar ad mroawhaioe snipe; and
wHMUMA in it: bluest ofpr•sotle- the efficieet and economically.latiit are of dw
PRCOT 100000aioM Rrid, dw parties; spa that it is dah.hie to dweiop a mesa of
Numbing ~d ftieS at aw bo OMM toe Mahar
kolo~IfOl *%ON rsria loo. Obvid
ltateseE- im owoeg vtwly (eaoleed is a trsermiwion atria aassoflar, po+lds{ boeeadab
r,
tilt CUO tear Is Mot CWIFM d b enacts this Apemx, but my, is 10 dldaa-1, , deaf inradd
b ecaaaM Isdfvider+i amainI MMM taxw eSteftesov ecbth do twin a sing
WGift ad Provided 6romr bewewr, taw CM@ ww ft d M=jL wtotrwjjjSjdot l=T
sat no 014011ey an ap l to wniee tb Maher army a --R I - elearr - 16 gift Ie d aileew in
aaaet the ""W Or debdadn Pala 11.67 and 21.70. or gpjW tioa b sty ataoaamioa
imeeMM and utillty ad C=a=w and fist a &NOW idaowdy ndby tbct dpas b tits
axecudon of thin Agreamas by El! COT on its bebuif vtpeae1) reaseves sal rim
Now 71MRUM in considaatioe of the awtoel ptuoises cootainad beseic, the
pardae agree as bllalm
1. (a) The a OMblim-OwBIRS *ilities •baa tMdffi are lbeed in Sobeddd A
have steed and the Cusloma WIGS riot asaa» 8om of this Apeemwt read wodrlob aautlon
• by CuNOwa of x11 applicable planned ad w lmnaci tmoislioo eerier tati$ ap+awnts
(MW 4 apptmbk me scbedola red trot ad ondtions). The farm htehtdd Is SebAde
A (in its carreat fMM, or as it may be revised from time w tune) as iacocponted basis by
defamed for all psaposa. It is anderssood and aysed that as tame mad eaodltbns at tuth
tariffs are Sabi wt to change fors lima to time, with the lMwvsl ofregalatory ash kks hrioc
j+tisd Uon a MA and such ehasja OWI atdomatieWly bmw appiieabla to CuWam bud
s upon the effective date of the approved change. Tbd tranam{aiati trues fisted on 0 e
&hedule A will p7dde planed and wtpltomd tramatission ferried to Co wmae sod tltrooeeer
will tabs :trh revise in aocotdsaee with such twifft. Customer understamdt and agrees that
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ERCOT Is ant tbb ApaemW only in in eepeammmiva cqm* = the alma foe the
baatmiatioa -1-6 dilida GWd In Sebrdale A. widt only the u6mity to ametat: No
Apoemmt on Theirbehalf nod wM aO n4mky a ee■oumieab, mplwaor vary the teem rod
ooadition of mvioe b be peovlded Dolor dill Apaemeat By eae m*g db Apmemoo ,
ER= is not obiSWM half b pewide air Do vice b Cttabsar and don oat mom* ay
ob4dim or Malty in oootredos +eh WY aanice provided to T mbmsr by rq bmoW ■ion.
Owning OtCy
(b) It wig be ae mmy for tanammm to of he aetmpmom &a v a 6W
baemobooaornml uoda nbmw warn How a l&w* B (in he, p a t Brtq er • it
mq be mvieW Bom tise to dm4
2. Ca lmw Wm to pair b the twmealatdmaevWbg mtgiew Had on Sob" A
the t3teilitiaa ehatpta ibr plrraad trrtmitaian aetvi0e Owed b atilt tablisaa
in W., I arm Cemmieeios of prL l" p-j as trim amew by tie P6W
Plmrad tanemiaioa etavioe eJd eiaai--ago, ioa Cttta>Omer er•envriufon do the
Lt
m
jtedieiel aed '`y
oh. w ad soon 64 it it is &WmiraaWm rtaiodrli at ettb a
i<~ or pyaeat mvhodob~i~w m irvWK 00"Maobiipdmne i bW bd b im
aoomedaaa witd a &W jWjrW daofaioa ar aealtsns
3. Cabmen AWM b M z* UVI ail applieabie M= OAdear bcb~
tvitbont Umb dM 61 Opantied OWd". It u tt &MOW nd apnd dint aatoh *AW m
ntbjm b drop ins time b dt ; end writ 6"m AW atttrrtetleal~ leeame;piieehM b
Ctateaotrt b=ed am A* Wmdvu dm of the approved obm*L
4. CaOftOw aSen to Pq do b»raiMioaowded tofta Wbd on Sche" A Im
JOIN" aaaoimd widt aaeh attOWU mdar daa Armand, whleh born &W be ealculaW
and paid hT room duet wM FACOT lout eomu td aaTAedo I In. C mmw drat
*A W.COT boa doootto ' Is sobi,tt a jO&W shmOmp and aptn" if it is
daemmaod rAwf m b the dale hoW that the atcOT bn "Mm ft aa6odoio0 is
hrnsdid, Cm mmmr'l oblipdona b pay ahW W is aooo dmm wi• a !W Jtadielal d cW= or
as dement.
S. 3L Omom es maw addtws, 6W64 sddn= (if di•amt Aotat the mrdileg
• addeeaa1 tebpbom ma dwt Oteskma7e atm*a. and die acme of as ad mdxed egaeeen W of
the Cltaoomer are Hoed on SchohloC. Cmmow wm peompdy mtily to FROOT iso, is
weitiaj, etany ehaoRp to the fa><Oemedoe Wiled on Soh06+k C.
6. It U nrdassood and weed that the "atiam led amd=sdon of bmwnim im
eavke uoda this Agree mem is pAjw w.,
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tegtticemetsb io 9nbatmdw Rule 23.70(c) to the soitiatioO of aeevba,
.J 2
(b) amugm and ooadmmim o(airarmea wfda I -I iw oarolea pevi~0aas for
any dimlwm Wal wbol"k umoaiaaioa wriea emaatary hr do tm[mosm
and
(s) am a*& go -imp and niatad esgai[~aam t+galyd by a aaaaamiaoio~oweiai
otilky Wed oa SdW* A b aoao/dla0a WW SuhatlatM fade 27.706q)
7. Tab ASWWW don mr W04 opmaak mo*s oboe of tawiaaaa MY other
a~seesaae bat•aas ie Claaeooar wd aay o(t!r traaaaeiaaioaaawirs w<b[iw {'iaYd oa frbaetiak
A, uWm o6w a aageaady a/ead b wddog by be Cbatum and eba
tow.
t Tbb AFaamme did waft w is abet ad owwbmed by dial pasty. Staab
Imeieadm AO ba efaatad by poi ifiq wtiltaa mdoa b eM adir patty at bw obey
days b d•wee dthe dma of taembatlm ~ow.w4 oblipd "b melee papaamle whoa fiery
M wi Y aq Otb~ abltpeiaal ~ y tYir araana a1tiN tn■iasdeaa, awl sm+l~a tsaelaasim
d" ASmma.t Tamaiaeiea d thin l1•r.t y a aaaaaaitaioaea db Wtad as
Srl o6 b A wM a* a mob m rwdaa m m w Opt wmbmbg mldty aad be Ao[namaaa will
nmaia is 600 as b dt nook j kanado iotiewdft seiihW Mad w gds** A.
Tam oogi m d db Apmoma abdi Hat Yoh, AK aiot, at wmbma w7 W 604i WW w
od w womowt b my "W.
P. N dit b tbb APnama[et dull abet the *W d mbar the Cbeto M of the
Ttasmmbaio**wabft UdWo Yatad is ldM& A to aaaie traoiaelaaa of mW AV* that ahem
am cite paar.bioa of tw[am, 4 earrioary or tba prided or cabs em■a or awad*w of
<,aoamimioee eaerk% wader th pseriaieaa o(I i Nod Uk 23.0 %
The pwdm bow amad db Apna w to be a nowd a oHr do aR fta abort.
CZlSTO&M E USC M REUASUM AOUJAIM OF
nEENTnw MI10 IC1D L [f'i'IL722E$ TEAS. •
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Agenda No.
CITY COUNCIL REPOR Agenda Item
T Date 44 '
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: CONSIDER APPROVAL OF A RESOLUTION CASTING VOTES FOR A
MEMBER(S) TO THE DENTON CENTRAL APPRAISAL DISTRICT BOARD
OF DIRECTORS
RECOMMENDATION
Staff recommends Council cast votes for a candidate or candidates to serve on the
Denton Central Appraisal District Board of Directors.
BACKGROUND:
On October 7, 1997, City Council nominated Dr. Bill Giese to serve on the DCAD
Board of Directors. All candidates nominated to serve on the Board of Directors,
including the City of Denton nominee, are listed below.
1. Lee A. Baker
2. Kelly Box
3. Dr. Bill Giese
4. Ben Harmon
5. Patsy Moncrief
6. Mary Horn
7. Richard Smith
As you may recall from the October 7, 1997, meeting, once all nominations are made,
each entity must cast their votes for the candidate(s) of their choice. The number of
votes that an entity has is based on their prior year tax levy. The minimum number
of votes required to place a nominee on the Board is 1,000. The City of Denton has
• 218 votes to cast, and Denton ISO has 824 votes. Neither the City of Denton of
Denton ISD have enough votes to guarantee the election of their candidates, however,
since both the City and Denton ISO have nominated Dr. Bill Giese, the cumulative
votes from both entities will guarantee Dr. Giese's appointment to the Board. Votes
must be reported to the Appraisal District by November 15, 1997.
• The attached resolution allows Council to cast their vote for a candidate(s). • •
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
N/A
FISCAL IMPACT:
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There is no cost to the City.
Respectfully submitted:
Ka Du se
Assistant ity Manager of Finance
Prepared by:
TIN
Jor ortun irector of Management & Budget
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. • h _•Cr':\I-v._.,n . ~..N..e n. r. ...v.-Ewa+M.w:'R14N]~.'K1tT~!lUSYYIVV
RESOLUTION NO.
A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF
DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION I. That the City Council of the City of Denton, Texas, hereby casts
votes for for membership to the Board of Directors
of the Denton Central Appraisal District for the County of Denton, Texas.
SECTION 1. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 1991.
JACK MILLER, MAYOR I
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: 0
I '
E.00CFM OVOTE CENTRAL APPRAISAL D IST
Agenda No.
Agenda item
Dale_
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF GARDERE
& WYNNE TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST
THE CITY STYLED HAS m sT~ny T C}L+al(lI (]CiIFC INC. V AZTECA
SYSTEMS INC ET AL, CASE NUMBER 4:97CV308 FILED IN THE UNITED STATES
DISTRICT COURT, EASTERN DISTRICT OF TEXAS, ALLEGING COPYRIGHT
INFRINGEMENT, TORTIOUS INTERFERENCE, AND OTHER INTELLECTUAL
PROPERTY MATTERS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR,
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DF.NTON HEREBY ORDAINS:
SECTION 1. Thai the Council of the City of Denton approves the retainer of the law fum of
Gardere & Wynne to represent the City in Pending litigation styled HIM Inf 'or1
Tech :ec Inc: v: A~teta Sv~!ems. Inc.. et al.
.SECTION if. That the attached contract for engagenmit and the expenditure of funds
therefor are hereby approved.
SECTION Lt_I. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the, day of 1997'
I
JACK MILLER, MAYOR
• ATTEST:
JENNIFER WALTERS, CITY SECRETARY ~
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROM, CITY7AT7NEY
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Apanda Item
Date - - 9 2
C/TY OF DENTW TEXAS A"10PAL SU1LDING DENTM TE W 762'01 • TELEPHONE 817-56648.309
o im of the Cry Seasfary
MEMORANDUM
DATE: October 27, 1997
TO: Mayor and Members of the City Council
FROM: Jennifer Wafters, City Secretary
SUBJECT: Board/Commission Appointments
The following is a list of current Board/Convnission vacancies/nominations:
Animal Shelter Advisory Board - Council Member Young has nominated Captain Joanie
Honsewright .
David Biles has resigned from the Historic Landmark Commission. This is a nomination for
Council Member Cochran
If you require any further information, please let me know.
i J 'ferW ri
t Secret
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ACCODOF4 ;
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'DedicatedtoQuatily&rrw
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BILES & Bousa R, P.C.
ATTORNEYS 6 COUNSELORS AT LAW
DAVID W. BItFS•~ 217 EAST OAS STREET DAVID S. BousmR Qt
DENTON, TEXAS 76201
TELEPHONE: (940) 566.0566 METRO: (972) 4343832
FACSIMILE: (940) 3651376
October 23, 1947
Hon. Jack Milkr
Mayor, City of Denton
Jack:
As you know, I have always enjoyed service to my community and believe that citizen
involvement is critical to the success of any organization, whether municipal government or
volunteer groups.
However, volunteerism requires a good deal of time availability in order to truly
participate in a meaningful manner.
Time commitments are very pressing for me at this time and I will soon be taking the reins
of the Denton County Bar Association as Preskkot as well as other endeavors.
Therefore, I believe it is in the City's and my own best interest that I submit my
resignation from the Denton Historical Landmark Commission.
1 extend my appreciation to Mr. Cochran for his nomination and the Council for their
confirmation of my appointment to the Commission and assure all that I will continue to serve
Denton in many ways.
sinter y,
•
David W. Biles
DWB:cc
•sOARD CERTIFIED FAMILY LAN, TEW DOARD OF UGAL SFtaAU7ATM
t MI MU L• COtuCC OF THE STA71 BU OF TZXA3
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