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Home My WebLink About12-02-1997 , t , City Council Agenda Packet December 2 1997 J e p . • ~ .7`t , 'J j~ t~ ~ e~i C1(.'~. ~r~~*}Z,,a~'StS.~tS`'`. y' ~t.. ` JYt: 2_.f' .~S"., \ r.+ ta-~~ .,*al~ T 3„{j1 ~ y arm • • t Agenda No_(? ?-DILI 9 AGENDA Agenda Item IgI, CITY OF DENTON CITY COUNCIL Date December 2, 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, December 2, 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. Conference with Employees-Under TEX. GOV'T. 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. 55 1. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOVT CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071-551.085 OF THE OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, December 2, 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: 1. Pledge of Allegiance A. U.S.Hag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisibk." 2. Consider approval of the minutes of September 2, September 9, September 23, and October 7, 1997. i CITIZEN REPORT 3. Receive a citizen report from Ross Melton regarding "governmental immunity" and unlimited government. • • NOISE EXCEPTIONS 4. Consider a request for an exception to the noise ordinance for ABATE for a Christmas party DeccmbcT 13, 1997 at the North Texas State Fairgrounds from 8:00 p.m. -12 midnight. Y~ CIL, • • City of Denton City Council Agenda December 2, 1997 Page 2 t PROCLANI ATION S/A WARDS/ 5. December Yard of the Month Award PUBLIC HEARING 6. Hold a public hearing and consider an ordinance to amend the detailed plan for 1.63 acres located in a Planned Development (PD-lot) zoning district This tract is located on the east side of Bonnie Brae, north of Crescent and is also known as 1160 N. Bonnie Brae. (Z-97-025) (The Planning and Zoning Commission recommends approval, 7-0) CONSENT AGENDA Each of these items is recommr iota 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 aroroved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 7- 18). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items 7-18 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; providing for the expenditure of funds therefor; and providing for an effective date. (Bid 92107 - Power Transformer) 8. Consider adoption of 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 #2117 - Refuse Truck"ide Load, Front Load, Rear Load and Roll-Off) 9. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the ' purchase of materiels, equipment, supplies or services; providing for the expenditure of funds therefor, and providing for an effective date. (Bid #2118 - Two-Person Aerial Device Bucket - • Truck) L 0 • 10. Consider adoption of 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 proxiding for an effective date. (Bid #2120 - Trencher and Trailer) • • City of Denton City Council Agenda December 2, 1997 Page 3 V 11. Consider adoption of 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 #2122 - Excavator, Scraper and Motor Grader) 12. Consider adoption o: 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 02125 - Vacuum Switches) 13. Consider adoption of 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 #2129 - Billing and Collation of Ambulance Fees) 14. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (Sid 02080 - Community Sidewalks - West Side of Bolivar) 15. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (Bid #2124 - Crack Sealing of Streets) 16. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials of equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (PO #80848 - Xerox Corporation - annual maintenance agreement and user fee) 17. Consider adoption of an ordinance authorizing the City Manager to execute a grant and subsequent amendments with the U.S. Department of Transportation Federal Transit Administration for an Urbanized Area Formula Grant for Project No. 7 X-90-X416 authorized by 49 U.S.C. §5307 for fiscal year 98 (Funding for SPAN Contract). 18, Consider adoption of an ordinance of the City of Denton, Texas regulating parking of vehicles each year during the North Texas State Fair and Rodoo by temporarily prohibiting the parking f of vehicles on both sides of Carroll Boulevard from Its talersection witk Ross Street to Its Intersection with Headke Street, the west side of Denison Street from its intersection with University Drive to its intersection with Sherman Drive, the east side of Denison Street from its intersection with Sherman Drive to its intersection with Head!ee Street, the west side of Bolivar Sheet from its intersection with Sherman Drive to its intersection with Fain Street, tha south side of Ross Street from its intersection with Carroll Boulevard to its intersection with Bolivar • Street, the north side of Strata Drive from its intersection with Carroll Boulevard to its • intersection with Mesquite Street, and the north side of Fain Street from its intersection with Carroll Boulevard to its intersection with Bolivar Street; providing a severability clause; providing for publication thereof; providing for a penalty not to exceed two hundred dollars; and declaring an effective date. •N • • r :.f City of Denton City Council Agenda December 2, 1997 Page 4 ITEMS FOR INDIVIDUAL CONSIDERATION 19. Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on certain portions of Londonderry Lane and Sam Bass Boulevard near McMath Middle School; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. (The Traffic Safety Commission j recommends approval) 20. Consider an appointment to the Joint Tax Abatement Committee. 21. Consider nominations/appointments to City's Boards and Commissions. 22. Consider approval of a deputy city secretary. 23. Miscellaneous matters from the City Manager. 24. New Business This item provides a section for Council Members to suggest items for future agendas. 25. Possible continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Opcn Meetings Act. 26. Official Action on Closed Meeting items held under Section 551.071-551.085 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of mecting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1997 at o'clock (am.) (p.m.) CITY SECRETARY i NOTE: T14E 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 IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE • • OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETAWS OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. i • • CITY OF DENTON CITY COUNCIL MINUTES Agenda em September 2, 1997 Date I After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, September 2, 1997 at 5:45 p.m. in the Police Department Conference Room of the Denton Municipal Complex. PRESENT: Mayor Miller, Mayor Pro Tern Brock, Coun^.il Members Beasley, l:ristoferson, Cochran, Durrance and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney Under TEX GOVT CODE SEC. 551.071. 1. Considered and discussed an ordinance autho zing the Mayor to execute a second amendrnent to the existing agreement between the City of Denton and Texas Utilitie F.'-ctric Company extertditig the term therefore for an additional one-year period; furling and determining that the two meetings at which this udinance was passed was open to the public as required by law-, providing for acceptance of the agreement by Texas Utilities Electric Company and publication of nonce of passage of this ordinance. f B. Conference with Employees - Under TEX. GOVT. CODE Sec, 55t.075. The 111 Council received information from empkyees or questioned employees during a staff conference or briefing, but did not debbt-ate dining the conference. The Council cow ened into a Regular Meeting on Tuesday, September 2, 1997 at 7:00 p.m. in the Central Jury Room of the Denton Municipal Complex. PRESENT: Mayor Miller, Mayor Pro Tern Brock; Council Members Beasley, Kristoferson, Cochran, Durance and Young. ABSENT: None 1. Pledge of Allegiance • The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 3 The Council considered approval of the minutes of June 10 and Jura 17, 1997. / Beasley motioned, Durance seconded to approve the minutes as presented On roll vote, Beasley i "ay Kristoferson "aye", Cochran "aye", Durrance "aye', Young "aye', Brock "aye', and Mayor • • Miler "aye". Motion carried unanimously. AW AADS/PRESENTATIONS 3. September Yard of the Month Awards • City of Denton City Council Minutes September 2, 1997 Page 2 Mayor Miller presented the Yard of the Month Awards to: Judy Cole Myra and Beverly Peel Kenneth and Eardem McNeill Gary and Carol Kuchoff Victor Equipment Company Marion Graham Hair Design-Downtown Business Award CITIZEN REPORTS 4. The Council received a citizen report from Nell Lights regarding a problem receiving utility services at 509A Maddox Stmt. Ms. Lights was not present at the meeting. Council Member Young stated that Ms. Lights had worked with staff and that all of her problems had been taken cue of 5. The Council received a 4lizen report from Robert Avant regarding the condition of the athletic fields at North Lakes Recreation Center. Mr. Avant stated that he had a petition from the Denton Softball Association to present to the Council. They had Lied for the last three years, through the Umpire Association and the Baseball Commissioners, to get something done with the fields. The fields were in very bad shape and were very prone for injury. The lower fields were often under water after it rained. The City charged them 5318 per team to play on the leagues. S60 went towards rnainten3nce above what the City had budgeted for maintenance. The various leagues had asked several times for a detailed report on the maintenance of the fields and when their money went and what it was spent for. He stated that the Commissioners of Umpires had thought about applying for a state tournament but would be turned down because of the condition of the fields. Council Member Young asked about the funds for field maintenance. • Ed Hodney, Director of Parks and Recreation, stated that he had never talked with Mr. Avant and needed to discuss with him these problems. The 5318 was money raised by the teams and did not go to the Parks Department. The money went into the Gerewl Fund out of which the Parks Department received an allocation for park maintenance. 6, The Council received a citizen report from Larry Bailey regarding bird roost problems and • loss of business in the Shady Oaks area of Denton. • • Mr. Bailey stated that the City had a long history of worldng with these bird problems. The problem was that the birds were very dirty and could only be controlled by controlling nesting site areas. The Texas Animal and Plant Health Department surveyed the site and determined that in two acres there were 25,000 egrets. He really thought then were up to 50,000 birds in the area The birds did help with the control of insects but the residents in the area were suftering. There was • • • it City of Denton City Council Minutes September 2, 1997 Page 3 t a tetnole odor and many mosquitoes. He needed help with this problem and needed something from the City indicating that he could have a permit to remove nesting sites. The birds would not be removed but only be moved to another arcs. He felt that human health and safety were in etiolation. Council Member Young stated that these birds had been a problem for a long time. The birds started up north of that location and as that area was cleaned up, they moved further south. He asked for trimming of the trees to move the buds to another area. Bailey stated that that would be helpful. They needed permission from the City to clean up the area This affected many people. Mayor Miller staled that several years ago the City had a clean up day to clean up other areas. As long as the birds were roosting, there was nothing that could be done. Staff needed to be directed to determine what could do before the binds migrated in. 7. The Council received a citizen report from Linda That en regarding bird roost problems and loss of business in the Shady Oaks area of Denton. Nis. Thatcn was not present at the meeting. 8. The Council received a citizen report from Bill Parish regarding bird toost problems and loss of business in the Shady Oaks area of Denton. Jay Cassidy, speaking for Bill Parrish, stated that his business was in this location :rid was affected by the bird problem. For approximately four months a year, it was difficult to maintain the area and he had even lost business from the bird problems. He asked for whatever could be done to help gain a permit in order to clean up the area after the birds left. For sanitary reasons the area needed to be cleaned up. 9. The Council received a citizen report from Mildred Hawk regarding Denton County historical bridges end the greenbelt. Ms. Hawk stated that there were 16 historical iron bridges in Denton County. The State of Texas • had declared that five bridges were unsatisfactory for transportation. The City had a map of the greenbelt and some of those bridges could be placed along that area instead of having them destroyed. She had heard that there were two park projects which would need bridges and she ' suggested using those bridges and even build the parks around those bridges. She asked that anyone building a bridge in Denton consider using one of those bridges so as to continue the history of the area 10. The Council received a citizen report from Ross Melton regarding stralights in the daytime, trash and debris, and the sign ordinance. I Nit. Melton stated that there were streetlights on during the day and he felt they needed to be taken care of. The City's trash and debris ordinance and the sign ordinance were of concern to him. The City gave a notice that was not resIly detailed of what was the problem. The city ordinance • • City of Denton City Council Minutes September 2, 1997 Page 4 allowed entry onto private property without permission. The sign ordinance was not valid and the City did not have the right to regulate free speak. NOISE EXCEPTIONS 11. The Council considered approval of a noise exception for a Mexican Rodeo fundraiser sponsored by the Denton Hispanic Chamber of Commerce to be held September 21, 1997 from 2:00 to 9:00 p.m. at the North Texas State Fairgrounds. Veronica Rolen, Administrative Assistant, stated that the Denton Hispanic Chamber of Commerce had requested this exception for a Mexican Rodeo fundraiser. Pat Alva Green stated that this fundraiser was part of the Hispanic Heritage Month Tlus event had occurred before on a Saturday and the organization would like to change to a Sunday. She asked for Council support of the request. I Brock motioned, Beasley seconded to approve the request. Council Member Cochran asked if there would be music with the rodeo over the loudspeaker system. Green stated yes that they would be taking advantage of all of the facilities. Music would be intermittent while individuals were riding bulls and while Wding the bulls. Council Member Cochran stated that this would be a school night with neighbors close to the area. Ile asked if the volume levels for the speaker system could be reduced as the event went later into the evening. Green stated that the event should be through by 9:00 p.m. and possibly sooner than that. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. PUBLIC HEARING f 12. The Council held a public hearing and considered adoption of an ordinance approving a detailed plan of 56.639 acres in Planned Development 90 (PD-90) for detached, single-family residential development and duplexes. The subject pmperty was located between Sherman Drive and Kings Row, approximately 1,500 feet northeast of the Kings Row intersection. (The Planning & Zoning Commission recommended approval 7-0.) Dave Hill, Director of Planning and Development, stated that this • • 8 property was located behveen Sherman Drive and Kings Row. There were approximately 129 acres in the entire site and $6.639 acres for the detailed plan. This was not a request for rezoning but approval of a detailed plan. The request was consistent with the Development Plan and was in an area for low intensity with a 56% allocation. The Plamting and Zoning Commission recommended approval 7-0. The opposition to the proposal was not within the 20°/. rule. If approved, the next step would be for subdivision an. • • City of Denton City Council Minutes September 2, 1997 Page 5 plat approval by the Planning and Zoning Commission. In January 1985 the entire 129 acre tract was rezoned from agricultural to PD-90. It had concept plan approval for the site and included single family homes, patio homes, multifamily homes, apartments of 18 units per acre, general retail, insuutional office plus an 11.3 acre park. In June 1985 a portion of PD-90 was considered. A comprehensive site plan was approved by Council. The previous park area was then labeled as a 10-acre community service area. Mom interest in the property was seen in July of 1997. Because the original concept plan and site plans approved in 1985 did not meet requirements for a detailed plan, the proposal had to go through the Planning and Zoning Commission and Courxil. Zoning was vested is the property but the detaikd site had to be approved. The detailed plan proposal included 132 single-family homes, 10 lots of 7 duplexes and a 9.30 acre City detention pond. Access was proposed by Kings Row and Shmnan Drive. A traffic impact analysis was not dote as this was required at plat approval and subdivision consideration. The subdivision review would finalize any necessary perimeter roadway improvements. The Kings Row curve would have to be widened and some turn lanes would have to be installed in the area T7e Planning and Zoning Commission reque3ted the developer to hold a neighborhood meding with residents to resolve some of the probl,ans. Five major areas of concern dealt with safety regarding the Kings Row curve, the wideni-ig of Kings Row to Yorkshire, determination that Kings Row was less suitable and use Shertna•i Drive for c-ons"Ttion vehicles, a concern that the drainage facility would be properly maintained, and construction disturbances should be kept to a minimum. Two major concerns at th. Planning and Zoning Commission meeting were lot size compatibility and drainage. The developer and consultant used plats from neighboring properties to show that the lot sizes would be compatible. The drainage situation only needed to be clarified in regards to the drainage easement. The proposed detailed plan would add 30 feet to that drainage easement for a total of 50 feet. Preliminary investigations showed that a gentle side slope for the drainage channel along with a possible concrete lined bottom would be necessary. On August 27th the Planning and Zoning Commission reopened the public hearing with no opposition expressed. The Parks Depart: ent was looking at a larger site not too far from PD-90 and without a park, there would be room for a detention area for runoff. Council Member Cochran asked about the drainage pond Hill stated that the size of the pipe of the system would not increase and might even be smaller in order to allow for a slower rate of drainage. • The Mayor opened the public hearing. Bruce Gmnthan stated that the proposal was consistent with the original PD. He hoped that the detention pond would help with drainage in the area and the entire neighborhood. They had had a positive meeting with the neighborhood. No one spoke in opposition t The Mayor closed the public hearing. The following ordinance was considered: • • City of Denton City Council Minutes September 2, 1997 Page 6 NO. 97-235 G AN ORDIN4NCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 90 (PD-90) WITH RESPECT TO 56,639 ACRES, AS SHOWN IN THE ATTACHED DETAILED PLAN, THE SUBJECT PROPERTY BEING LOCATED BETWEEN SHERMAN DRIVE AND KINGS ROW, APPROXIMATELY 1,500 FEET NORTHEAST OF THE SHERMAN DRIVEIKINGS ROW INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAX54UM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Youni• seconded to adopt the ordinance. She had attended the neighborhood meeting and the developer !id a good job to answer al l of the relevant questions. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Duriance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. The Council returned to Item 44 for consideration. 4. The Council received a citizen's report from Nell Lights regarding a problem receiving utility services at 509A Maddox Street Ms. ,_ights stated that her problem dealt with taxes for 516 East Prairie. The City did not have a record of 509 Maddox. Her address was 509 Maddox and she questioned why she was receiving i statements for 516 East Prairie. She asked why the address was changed to 509 Maddox. She asked about mosquito problems and the water which ran down to the ditch. She asked when these problems would be cleared up. City Manager Benavides stated that staff would provide Council and Ms. Lights a response to that problem. Ms. Lights stated that there was a bad home in the area that needed to be cleaned up. Mayor Miller stated that that information would be give to Code Enforcement BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION r 13. The Council considered adoption of an ordinance amending the schedule of electric rates , contained in Ordinance 96.207; incorporating Ordinance 97.206 providing for a State University Discount Rider, adding a Decorative Ground Lighting rate scuedvle (DGL); amending the Dusk to . Dawn rate (DD) to add new types of lights and restrict future installation of some types of lights; • 0 and renaming the Decorative Lighting Rate (DL) to the Downtown Decorative Lighting Rate (DDL). Kathy DuBose, Assistant City Manager for Finance, stated that Items #13-25 covered the budget I Each item contained changes from Council to the proposed budget and each addressed specific fees and rates fof budget. s s City of Denton City Council Minutes September 2, 1997 Page 7 The following ordinance was considered. NO. 97-236 AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED IN ORDINANCES 96-207; INCORPORATING ORDINANCE 97-208 PROVIDING FOR A STATE UNIVERSITY DISCOUNT RIDER; ADDING A DECORATIVE GROUND LIGHTING RATE SCHEDULE (DGL); AMENDING THE DUSK TO DAWN LIGHTING RATE (DD) TO ADD NEW TYPES OF LIGHTS AND RESTRICT FUTURE INSTALLATION OF SOME TYPES OF LIGHTS; RENAMING THE DECORATIVE LIGHTING RATE (DL) TO THE DOWNTOWN DECORATIVE LIGHTING RATE (DDL); PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristofemon "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 14. The Council considered adoption of an ordinance amending the schedule of water rates contained in Ordinance 96-208 for water service; amending the charges for tap and meter fees; amending the Upper Trinity Regional Water District (UTRWD) interim treated water rate (WWI) for the contract; and amending Ordinance 97.192 for wholesale raw water service to UTRIiID (WRW). The following ordinance was eonside-c.' NO. 97-237 AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE 96208 FOR WATER SERVICE; AMENDING THE CHARGES FOR 1 TAP AND METER FEES; AMENDING THE UPPER TRINITY REGIONAL WATER DISTRICT (UTRWD) INTERIM TREATED WATER RATE (WWI) PER THE CONTRACT; AMENDING ORDINANCE 97-192 FOR WHOLESALE RAW WATER SERVICE TO UTRWD (WRW); PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. , . Brock motioned, Kristoferson 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. 15. The Council considered adoption of an ordinance amending the schedule of wastewater J rates contained in Ordinance 96209 for wastewater service; amending Ordinance 97-052 for compost and wood mulch service; and amending the wastewater tap fees. The following ordinance was considered: a • r • City of Denton City Council Minutes September 2, 1997 Pag-, 8 NO. 97-238 AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RAPES CONTAINED IN ORDINANCE 96209 FOR WASTEWATER SERVICE; AMENDING ORDINANCE 97-052 FOR COMPOST AND WOOD MULCH SERVICE; AMENDING THE WASTEWATER TAP FEES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Durrance motioned, 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. 16. The Council considered adoption of an ordinance amending the schedule of rates for solid waste service contained in Ordinance 96210, as authorized by Chapter 24 of the Code of Ordinance of the City of Denton, Texas; amending the charges for residential service by adding a deposit requitement and changing the number of cubic yards of yard waste picked up without charge; amending the rates for commercial dumpster, open top and compactor senice; amending the charges for landfill service; and amending miscellaneous service charges. The following ordinance was considered: NO. 97-239 AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE 96210, AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AMENDING THE CHARGES FOR RESIDENTIAL SERVICE BY ADDING A DEPOSIT REQUIREMENT AND CHANGING NUMBER OF CUBIC YARDS OF YARD WASTE PICKED UP WITHOUT CHARGE; AMENDING THE RATES FOR COMMERCIAL DUMPSTER, OPEN TOP AND COMPACTOR SERVICE; AMENDING THE CHARGES FOR LANDFILL SERVICE; AMENDING MISCELLANEOUS SERVICE CHARGES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Kristoferson seconded to adopt the ordinance. On roil vote, Beasley "aye", Kristoferson "aye", Cochran "aye', Durrance "aye', Young "aye', Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 17. The Council considered adoption of an ordinance emending Article V "Public and , Semipublic Swimming Pools" of the Code of Ordinances of the City of Denton by amending Section 14-112 "Health Officer Inspections" and Section 14-113 "Permits to Operate" The following onlinan¢e was considered: NO. 97-240 IVV ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ARTICLE V "PUBLIC AND SEMIPUBLIC SWIMMING POOLS" OF THE CODE OF ^ - • 0 loll • • City of Denton City Council Minutes September 2, 1997 Page 9 ORDINANCES OF THE CITY OF DENTON BY AMENDING SECTION 4-112 if "HEALTH OFFICER INSPECTIONS" AND SECTION 14-113 "PERMITS TO OPERATE"; PROVIDING A PENALTY NOT TO EXCEED $2,000; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Beasley seconded to adopt the ordinance. Council Member Young asked if the rates for apartments would be increased. Noni Kull, Consumer Health Manager, stated that the rate would be increased from $160 to $190. Council Member Young asked about the process of inspecting the pools. Kull stated that water samples were taken and safety factors as determined by the State regulations were inspected. Mayor Pro Tem. Brock stated that State law required these inspections but no State funding was given to do the inspections. These inspections were subsidized out of the General Fund. Council Member Young did not see thejustification for the increase in the cost. 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. 18. The Council considered adoption of an ordinance amending Section 13-22 of Chapter 13 "Food and Food Establishments" of the Code of Ordinances of the City of Denton; providing for permit fees for restaurants, grocery stores, and day care centers. The following ordinance was considered: NO. 97-241 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 13-22 OF CHAPTER 13 "FOOD AND FOOD ESTABLISHMENTS" OF THE CODE OF • ORDINANCES OF THE CITY OF DENTON; PROVIDING FOR PERMIT FEES FOR RESTAURANTS, GROCERY STOKES, AND DAY CARE CENTERS'; PROVIDING A , i PENALTY NOT TO EXCEED 52,000.00; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. • Beasley motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", • • Kristoferson "aye', Cochran "aye", Durrance "aye", You ng "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. 19. The Council considered adoption of an ordinance amending Ordinance 91-055, as amended in accordance with Section 22-28 "Facility and Program Fees" of the Code of Ordinances of the City, of Denton, Texas to provide new site reservation fees for the OTleil Ford Municipal Complex • • City of Denton City Council Minutes September 2, 1997 Page 10 and picnic shelters in North Lakes and South Lakes Parks and to increase fees for ttie use of the Civic Center building, The following ordinance was considered: NO. 97-242 AN ORDINANCE AMENDING ORDINANCE NO. 91-055, AS AMENDED IN ACCORDANCE WITH SECTION 22.28 "FACILITY AND PROGRAM FEES" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE NEW SITE RESERVATION FEES FOR THE O'NEIL FORD MUNICIPAL COMPLEX AND PICNIC SHELTERS IN NORTH LAKES AND SOUTH LAKES PARKS AND 70 INCREASE FEES FOR THE USE OF THE CMC CENTER BUILDING; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Krisloferson motioned, Beasley seconded to adopt the ordinance. Council Member Young stated that he was against charging citizens for using parks. Citizens should not have to pay for use of the parks. Council Member Cochran also did not agree with the cost of reserving a facility. Council Member Beasley stated that this was not a fee for using the park. The fee was to reserve a particular spot in a park. On roll vote, Beasley "aye", Krisloferson "aye", Cochran "nay", Durtame "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 5-2 vote. 20. The Cotnicil considered approval of resolutions approving the budgets for the 1997-98 fiscal year for hotel occupancy lax funds, pursuant to Chapter 351 of the Texas Tax Code for the following: A. R97-037 - Denton Black Chamber of Commerce B. R97-038 - Denton Chamber of Commerce Convention & Visitor Bureau • C. R97-039 - Denton County Amphitheater Association D. R97-040 - Denton County Historical Museum E. R97-041 - Denton Festival Foundation F. R97-042 - Denton Hispanic Chamber of Commerce G. R97.043 - Denton Holiday Festival Foundation H. R97-044 - Friends of Denton County History, Inc. • I. R97-045 - Greater Denton Arts Council • • 1. 897.046 - North Texas State Fair Association K. R97-047 - Scholars Phair Foundation of Texas L. R97-048 - Tejas Story Telling Association M. 897.049 - Denton County Historical Foundation Beasley motioned, Brock seconded to approve the above resolutions. Y • City of Denton City Council Minutes September 2, 1997 Page l l Council Member Young stated that the Denton County Historical Museum was being cut $10,000. He asked how much actual money the Museum would be receiving. DuBose stated that this item was only approval of the budgets from the budget presentations these organizations made at the last Council meeting and was not the allocation of fluids. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durranca "aye", Young "aye", Brock "aye", and Mayor Miller "aye"- Motion carried unanimously. 21. The Council considered adoption of ordinances executing agreements between the City of Denton and the following for the payment and use of hotel tax revenue: A. 97-243 - Denton Black Chamber of Conunme B. 97.244 - Denlon Chamber of Commerce Convention & Visitor Bureau C. 97-245 - Denton County Amphitheater Association D. 97-246 - Denton County Historical Museum E. 97-247 - Denton Festival Foundation F. 97-248 - Denton Hispanic Chamber of Commerce G. 97.249 - Denton Holiday Festival Foundation H. 97-250 - Friends of Denton County History, Inc. 1. 97.251 - Greater Denton Arts Council J. 97.252 - ?forth Texas State Fair Association K. 97-253 - Scholars Phair Foundation of Texas L. 97.254 - Texas Story Telling Association Beasley motioned, Brock seconded to adopt the above ordinances, Council Member Young asked how much actual dollars the Museum and the State Fair Association would be receiving. DuBose stated that the Museum would receive $72,952 and the Fair would receive $87,981. 1 Council Member Young asked about the allocation from last year. i DUBose stated that the Museum received $64,740 last year and the Fair received $68,640. i Council Member Young stated that he did not like to see these two entities have a cut in their ' percentages. He asked that next year the Fair and Museum not be cut. ' Council Member Cochran expressed a concern regarding open mectir g open records requirements • ' for these organizations. When the Council discussed a vsti^x public money, they did so in open • • sessions. It disturbed him that when that money was passed ot, that requirement was not passed on. He was looking for a mechanism in which the Council co4sia attach the stipulation that that was a requirement. The Museum Charter and bylaws not abide by those safeguards. He felt it was a reasonable request to abide by open records'open meetings regulations. The contract for the Museum had a stipulation that the City be given reasonably: advanced notice of general meetings but not for executive meetings. He requested that that be :jd and the provision for executive • i • City of Denton City Council Minutes September 2, 1997 Page 12 sessions of the executive committee be taken out of the contract. He also would like to see the meetings for all entities be done with posted notices according to the open repirctnents of the Open Meetings Act. j Cochran motioned, Brock seconded to amend the contracts to define "reasonable" as a 72 hour notice to conform with the Open Meetings Act. f Council Member Young felt that this provision was not needed. He felt it was adding a burden to these organizations. On roll vote for the amendment, Beasley "aye", Kristoferson "aye'", Cochran "aye", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 6 -1 vote. On roll vote for the motion as amended, Beasley "aye", Kristoferson "aye", Cochran "aye", Durraxe "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion card ed unanimously. 22. The Council considered approval of a resolution adopting the Capital Improvement Plan proposed by the Planning and Zoning Commission. The following ordinance was considered: NO. R91-050 A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION; AND PROVIDING FOR AN E EFFECTIVE DATE. Dumance motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye', Kristoferson "aye", Cochran "aye", Durrartce "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 23. The Council considered adoption of an ordinance amending Ordinance No. 97-145 prescribing the number of positions in each classification of police offices; prescribing the numbs of positions in each classification of fire fighter, repealing all prior inconsistent ordinances and resolutions to the extent of any such conflict; and providing a repealer. The following ordinance was considered; r NO. 97-255 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE • NO. 97.145 PRESCRIBING THE NUMBER OF POSITIONS IN EACH • • CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; REPEALING ALL PRIOR INCONSISTENT ORDINANCES AND RESOLUnONS TO THE EXTENT OF ANY SUCH CONFLICT; PROVIDING A REPEALER; AND DECLARING AN EFFECTIVE DATE. • City of Denton City Council Minutes September 2, 1997 Page 13 Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristofemn. "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye'. Motion carried unanimously. 24. The Council considered approval of an ordinance adopting the budget for the City of i Denton, Texas for the fiscal year beginning October 1, 1997, and ending on September 30, 1998. The following ordinance was considered: NO. 97-256 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1997, AND ENDING ON SEPTEMBER : 0, 1998; AND DECLARING AN EFFECTIVE DATE, Beasley motioned, Brock seconded to adopt the ordinance, Council Member Cochran stated that he would vote for the budget but felt strongly against the 5700,000 to build Research Blvd. He felt the moray could be used for other things. This project would benefit individual property owners rather than the entire city, Related to that was the $161,000 funding to the Chamber of Commerce for economic (ievelopmenL In previous years, this was an 585,000 expense and the Chamber matched that amount. Because of the possible sales tax increase, this was brought up to $161,000 because of the possibility of having a source of funding from sales tax. This did not pass and he was curious why the amotint was not going back to the level of the economic development sales tax. At this point in time he not we how the citizens would benefit from this. Council Member Young felt that L..e new road was going to bring in an industry that would pay decent salaries. The road would pay for itself in less than 5 years with takes from the industry building there. On roll vote, Beasley "aye", Kristofenson "aye", Cochran "aye', hurrance 'aye", Young "ay- % Brock "aye", and Mayor Miller "aye" Motion carried unanimously. 25. The Council considered adoption of m ordinance levying the &d valorem tax of the City of • D,-Adom Texas, for the year 1997 on all taxable property within the corporate limits of the City on Jammy 1, 1997, not exempt by law; providing for revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesta&; and providing for enforcement ofcotlections. The following ordinance was considered: • NO. 97-257 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 1997, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1997, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL p. f I • r City of Denton City Council Minutes September 2, 1997 Page 14 EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN E HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; E PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye', f Kristoferson "aye", Cochran "aye", Dunwwe "aye', Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. CONSENT AGENDA Council Member Cochran asked that Items 035 and #37 be removed for separate consideration. Council Member Young asked that Item k36 be removed for separate consideration. 35. The Council considered approval of a resolution requ.sting the Texas Municipal League to sponsor legislation regarding the use of logo reader boards in urban areas with a population of 50,000 of more. Council Member Cochran felt that this proposal was something the citizen needed to know about and that it was a good proposal. Mayor Pro Tem Brock stated that the Texas Municipal League was not actively supporting this legislation and she hoped that this would move it up on the priority list. This legislation would comply with the sign ordinance but would be on logo boards. It was a convenience for the motorist, was safe, and was good advertising for the merchants. Council Member Young felt that this would put private sign companies out of business. The following resolution was considered: NO. 897.053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON • REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION REGARDING THE USE OF LOGO READER BOARDS IN URBAN AREAS WITH A POPULATION OF 50,000 OR MORE; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Kristofetson seconded to approve the resolution. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller i - • "aye'. Motion carried with a 6.1 vote.. • 36. The Council consider approval of a resolution requesting the Texas Municipal League to sponsor legislation regarding the repeal of Section 3.251(d) of the Public Utility Regulatory Act to allow cities to compete against local exchange telephone carriers in communities where the quality, selection and cost efToctive pricing of telecommunication services are inadequate. 1. • • 1 City of Denton City Council Minutes September 2, 1997 Page 15 Council Member Young felt that this was allowing government to compete with private enterprise. Private enterprise paid taxes and the government did not. The City would be in competition with GTE for fiber optics. He would never support government competing with private enterprise. The following resolution was considered: NO. R97-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION REGARDING THE REPEAL OF SECTION 3.251 (d) OF THE PUBLIC UTILITY REGULATORY ACT TO ALLOW CITIES TO COMPETE AGAINST LOCAL EXCHANGE TELEPHONE CARRIERS IN COMMUNMES WHERE THE QUALITY, SELECTION AND COST EFFECTIVE PRICING OF TELECOMMUNICATION SERVICES ARE INADEQUATE; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Dun:nce seconded to approve the resolution. Council Member Cochran pointed out that the resolution specifically indicated that only in communities whore quality sele,'. n and cost were inadequate would this resolution apply. It did not necessarily apply to Denton but was necessary to protect consumers. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye', Durance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 6.1 vote,. 37. The Council considered approval of a resolution requesting the Texas Municipal League to sponsor legislation to amend the Open Meetings and the Open Records Acts to allow city councils of cities owning and operating their own electric utilities to negotiate and discuss power sales and other contracts in executive sessions and to withhold those contracts or pottions of contracts where to divulge this information would be detrimental to the negotiating position of the city. Mayor Miller stated that the purpose of this resolution was to allow cities to discuss deregulation in 1 closed session. It did not deal with any other aspect of the Open Meeting Act. The following resolution was considered: NO. R97-055 II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION TO AMEND THE OPEN MEETINGS AND THE OPEN RECORDS ACTS TO ALLOW • { CITY COUNCILS OF CITIES OWNING AND OPERATING THEIR OWN ELECTRIC • • UTILITIES TO NEGOTIATE AND DISCUSS POWER SALES AND OTHER CONTRACTS IN EXECUTIVE SESSIONS AND TO WITHHOLD THOSE CONTRACTS OR PORTIONS OF CONTRACTS WHERE TO DIVULGE THIS INFORMATION WOULD BE DETRIMENTAL TO THE NEGOTIATING POSITION OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. . • • City of Denton City Council Minutes September 2, 1997 Page 16 Brock motioned, Cochran 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. Kristoferson motioned, Brock seconded to approve the remainder of the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", •Kristoferson "aye", Cochran "aye", Durance "aye", Young "aye", Brock "aye', and Mayor Miller "aye'. Motion carried unanimously. 26. NO. 97-258 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 #2081 - Distribution Transformers) 27. NO. 97-239 AN ORDINANCE ACCEPTING COMSETITIVE BIDS AND AWARDING A ' CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE LXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2082 - Streetlight Poles and Fixtures) 28. NO. 97-260 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 #2072 - Denton. Municipal Generation Station Unit #3 Cooling Tower Repair) 29. NO. 97-261 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 #2075 - Contract Concrete Work) i 30, NO. 97-262 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH • THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC • • TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. 31. NO. 97-263 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 18, SECTION 18-109, TO PROVIDE FOR AN ADDITIONAL DISABLED PARKING • r • City of Denton City Council Minutes September 2, 1997 Page 17 t SPACE IN FRONT OF 101 AVENUE A; PROVIDING A PENALTY NOT TO EXCEED I TWO HUNDRED DOLLARS: PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 32. NO. 97-264 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE MANAGEMENT INTERNATIONAL, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 33. NO. R97-051 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR ASSISTANCE; MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 34. NO. R97-052 A RESOLUTION TO DECLARE THE INTENT TO REMURSE EXPENDITURES FOR THE COOPER CREEK ROAD CROSSING PROJECT WITH BOND PROCEEDS; AND PROVIDING AN EFFECTIV° DATE. 33. NO. R97.56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION TO AMEND THE TEXAS LOCAL GOVERNMENT CODE TO ALLOW ALL CITIES UNDER 100,000 POPULATION TO SOLICIT INSURANCE BIDS THROUGH 1 COMPETITIVE SEALED PROPOSALS INSTEAD OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. • 39. NO. R97-57 1 A RESOLUTION ENCOURAGING THE SENATE INTERIM COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING TO PROTECT MUNICIPAL REVENUES COLLECTED FROM FRANCHISE FEES AND PROPERTY TEXAS WHEN DEREGULATING THE ELECTRIC UTILITY INDUSTRY; AND PROVIDING AN EFFECTIVE DATE. • ITEMS FOR INDIVIDUAL CONSIDERATION 40. The Council considered approval of a resolution approving the fiscal year 1998 financial plan of the Demo Area 9-1.1 District, pursuant to the Texas Health and Safety Code, Section 772.309. 0 c:=+ • • City of Denton City Council Minutes September 2, 1997 Page 18 i The following resolution was considered: NO. R97-058 A RESOLUTION APPROVING THE FISCAL YEAR 1998 FINANCIAL PLAN OF THE DENCO AREA 9-1.1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 772, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. 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 "aye". Motion carried unanimously. 41. The Council considered adoption of an ordinance authorizing the Mayor to execute a second amendment to the existing agreement behveen the City of Denton and Texas Utilities Electric Company extending the term therefore for an additional ooe-year period; finding aaid determining that the two meetings at which this ordinance is passed is open to the public as required by law; providing for acceptance of the agreement by Texas Utilities Electric Company and publication of notice of passage of this ordinance. The following ordinance was considered: NO. 97-- AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL ONE YEAR PERIOD, FNNDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE. • Cochran motioned, Brock seconded to adopt tlx ordinance. On roll vote, Beasley "aye', f Kristoferson "aye", Cochran "aye", Durance "aye", Young "aye', Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 41. The Council considered nominadonslappointmmts to the City's Boards and Commissions. • Council Member Cochran nominated Alice Gore to the Keep Denton Beautiful Board. • • Council Member Beasley nominated Bob Manuring to the Board of Adjustment j 43. Miscellaneous matters from the City Manager. City Manager Benavides thanked Council for the budget procesa. r City of Denton City Council Minutes September 2, 1997 1 Page 19 44. New Business j The following items of New Business were suggested by Council Members for future agendas: I A. Council Member KrWoferwn motionod, Young seconded to suspend the rules to allow for a reconsideration of the August 26th Special Called Meeting Item kt in order to reconsider this item at the September 9th meeting On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "nab'", Young "aye", Brock "nay", and Mayor Miller "aye". Motion carried with a 5-2 vote. B. Council Member Durrance asked for a report on the use and/or movement of the bridges discussed earlier to the greenbelt areas. 45. There was no continuation of Closed Meeting items held under Sections 551.071 -551.085 of the Texas Open Meetings Act 46, There was no official action on Closed Meeting items held under Sections 551.071 - 551.085 of the Texas Open Mectings Act With no further business, the meeting was adjourned at 10:00 p.m. E JACK MILLER, MAYOR CITY OF DENTON, TEXAS _1 - JENNIFER WALTERS • CITY SECRETARY CITY OF DENTON, TEXAS f J i :W-W r'i{I1'::}yl,~~ . ~.'td:{~'r' 4~+~~y;~.. . X-, ~N;Gt ~~"~Fj~ ~ Z~ t Y~ q~ r t,~', • , • :r CITY OF DENTON CITY COUNCIL MINUTES September 9, 1997 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting Tuesday, September 9, 1997 at 5:15 p.m. in the Police Conference I Room of the Denton Municipal Complex. PRESENT: Mayor Miller, Mayor Pro Ter Brock; Council Members Beasley, Kristofetson, Cochran, Durrance and Young. ABSENT: None I . The Council considered the following in Closed Meeting: A. Consultation with Attorney Under TEX. GOVT CODE Sec. 551.071 1. Discussed and considered approval of an ordinance authorizing the City Manager to execute a real estate contract wherein the City of Denton, Texas purchased a certain one acre tract of land situated adjacent to Mayl ill Road, being part of a 19.969 acre tract in the David Hough Survey, Abstract Number 646, for the future widening of Mayhill Road, and establishing options for the acquisition of additional real property as may be required. B. Conference with Employees - Under TEX, GOVT CODE Sec. 551.075. The Council received information from employees or questioned employees during a staff conferrice or briefing, but did not deliberate during the conference. The Council convened into a Work Session on Tuesday, September 9, 1997 at 6;00 p.m. in the Central Jury Room of the Dentopt Municipal Complex PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson, Cochran, Durrance and Young. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding an early warning system. i Ross Chadwick, Fire Chief, stated that at the June 1 Oth City Council meeting the Council gave him the direction to develop immediate short-range solutions to the City's warning system shortcomings, look at long-range warning system enhancement possibilities, consider an incremental approach to expand the City's emergency warning system, and recur with further I information on a survey done with area cities. He felt that the citizens expected the government to alert the citizens in advance of a disaster and properly keep citizens informed of a disaster. Key elements involved detecting the problem, evaluating the threat, deciding on what had to be done, and deciding on what action to do. A warning was only effective if the people hearing it • • understood the warning and were willing to respond. The pubiic had to be educated on how the system worked. A system must be specific about the danger, about what to do, who was being warned, should be issued by all possible sources and be based on previous education. The most critical aspect of a warning system was that the people must be educated about what to do in a disaster. A partnership needed to be formed with every lcrrol of community being involved, as this was a community wide system. Staff recommendations included installing an AM radio station, .a. I I City of Denton City Council Minutes September 9, 1997 Page 2 developing a community partnership with FEMA, the State, the County, DISD, the two universities, the Red Cross/other support groups, large corporations, neighborhood associations, the hospital media, and the Chamber of Commerce. The cost of the radio station would be approximately $25,000. Council Member Beasley stated that initially the station would be used as an early warning system and later, with other programming, there would be associated costs. Chadwick replied that it depended on how much the Council wanted to do on it. Council Member Cochran suggested that the station broadcast board and commission meetings or City Council meetings. Ross stated that the cost of developing community partnerships was approximately S5,000. Other short term solutions included developing and implemendng a public education program with public education materials for 55,000 and a UNT dual internship for $4,000; enhanced cable TV override and EAS; and improved city emergency management team call-back. Long term enhancements, as part of the community partnersMps, were to develop an emergency warning plant, ids dfy necessary warning enhancements such as sirens. Possible funding included the use of ore-time resources as available or the issuance of certificates of obligation. Council Member Beasley suggested that Council follow the proposed p?dn as submitted by Chief Chadwick Consensus of the Council was to proceed as submitted by Chief Chadwick. 2. The Council received a report, held a discussion and gave staff direction regarding residency requirements for Airport AdNisorj Board. Linda Ratliff, Director of Economic Development, stated that a question was raised about residency requirements of the Airport Advisory Board, There were seven members on the Board with two members allowed to reside outside the City limits. There were three reasons for the difference in residency requirements: the Airport served a wider area than the City of Denton; it would draw applicants frown a wider area of expertise; and a prior active board member moved outside the City t and in order to allow him to continue to serve, the requirement was chantged. Council Member Cochran stated that he had requested the infomution, as this was the only board that allowed non-resident members. He felt that two reasons were not really valid and that the reason for the change was that one individual moved outside the City. He agreed that current non- resident board members should be grandfathered until the end of their t :rms. Rick WoolfoX Chair-Airport Advisory Board, stated that be had suggested allowing two non- voting members, one from Lewisville and one from the County. Council Member Cochran felt that only citizens of Denton should serve on this Board. He E requested an ordinance to limit the members to citizens of Denton. Council Member Beasley suggested allowing current members to complete their terms and perhaps have an advisory board from other areas of Denton County to participate with this Board. t e • City of Denton City Council Minutes September 9, 1997 I Page 3 Cochran motioned, Kristoferson seconded to direct staff to draft an ordinance grandfalhering the current outside members and incorporating future membership for residents only. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", D urmwe "aye", Young "nay", Brock "aye', and Mayor Miller "aye". Motion caned with a 6-1 vote. Mayor Miller pros mted a proclamation for "Good Neighbor Day". 3. The Council received a report, held a discussion and gave staff direction regarding initiatives and referendums. Council Member Cochran stated that he was interested in seeing that any appearance to impediments to citizen's rights be removed, He suggested that the City Secretary develop a generic form for petitions so as to easily resolve these issues and not have to involve the City Attorney. Thera was a perception in the public that the Council had been less than responsive to citizens. Council Member Beasley stated that she had spoken with the City Secretary regarding the issue. There was a summary chart of information already available for citizen use and felt that that was sufficient for citizen use. i Council Member Cochran stated that his idea was to give a form for citizen use so that they would not have to make it up. He was worried that some citizens might go to the trouble of developing a petition and felt they were following the letter of the law only to have it rejected for a small inconsistency. He was proposing a small effort on the City's part to elimirvie a problem dowry the line. City Attorney Prouty stated that he could review the summary chart and add any additional qualifications or correct misleading statements. Kristoferson motioned, Beasley seconded to dirxt staff to review the City Secretary's chart for suggestions to make it more user friendly if neo{ed and return to Council for consideration. On roll vote, Beasley "aye', Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carriol unanimously. 1 The Council convened into a Special Called Meeting on Tuesday, September 9, 1997 at 7:00 p.m. in the Central Jury Room of the Denton Municipal Complex. • CONSENT AGENDA 1 Brock motioned, Kristoferson 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 Miller "aye". Motion carried unanimously. • • • 1. NO. 97-265 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR ; tiE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EF. ECTIVE DATE. (Bid #2085 - Refuse Containers) • • City of Denton City Council Minutes September 9, 1997 Page 4 2. NO. 97-266 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 #2094 - Child Care Program for Low-Income Families) 3. NO. 97-267 AN ORDINANCE ACCE.''TING 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 #2095 - Congregate & Home Delivered Meal) 4. NO. 97-268 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 #2097 - Infant & Child Care Program for Low-income Families) S. NO. 97-269 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 #2096 - Domestic Violence, Sesuat Assault, Crisis Intervention & Prevention) 6. NO. 97-270 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 #2098 - Self Sufficiency Program) - 7. NO. 97-271 • • AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, J SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2099 - Health Care Pwp2 m for the Medically UrAerserved) 4 Jam.--.- . • l 'IIt M r . : min City of Denton City Council Minutes September 9, 1997 Page 5 8. NO. 97-272 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 #2092 - Re- fing Denton Municipal Complex) 9. NO. 97-273 AN ORDINANCE AUTHORIZDIG THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TOWN OF FLOWER MOUND RELATING TO PARTICIPATION IN THE CITY OF DENTON CONTRACT WHICH PROVIDES FOR THE PURCHASE OF OFFICE SUPPLIES AND SIMILAR MATERIAL; AND DECLARING AN EFFECTIVE DATE. 10. NO. 97-274 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 l EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (PC #11507 - BCI Mechanical, Inc,) H. NO. 97-275 AN ORDINANCE PROVIDING FOR THE EXPENDITLRE 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. (PC #77185 - American Management System - financial software) 12. NO. 97-276 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WHEREIN THE CITY OF DENTON, TEXAS PURCHASES A CERTAIN ONE ACRE TRACT OF LAND SITUATED ADJACENT TO MAYHILL ROAD, BEING PART OF A 19.969 ACRE TRACT IN THE DAVID HOUGH SURVEY, ABSTRACT NUMBER 646, FOR THE FUTURE WIDENING OF MAYHILL ROAD, AND ESTABLISHING OPTIONS _ FOR THE ACQUISITION OF ADDITIONAL REAL PROPERTY AS MAY BE REQUIRED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO CONSUMMATE THE PURCHASE OF REAL PROPERTY IN ACCORDANCF. WITH SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AUTHORIZING THE ESTABLiSHMENT OF A SINKING FUND THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE. w- C /1 -..r. a •,r,,,-,..,.' • • City of Denton City Council Minutes September 9, 1997 Page 6 li ITEMS FOR INDIVIDUAL CONSIDERATION 13. The Council considered adoption of an ordinance authorizing the Mayor to execute a second amendment to the existing agreement between the City of Denton and Texas Utilities Electric Company extending the term therefor for an additional one year period; finding and determining that the two meetings at which this ordinance was passed was open to the public as required by law; providing for wzcptance of the agreement by Texas Utilities Electric Company and publication of notice of passage of this ordinance. The following ordinance was considered: NO. 97-277 AN ORDINANCE AUTHORIZING THE MAYOR TO SXECUTE A SECOND AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL ONE YEAR PERIOD; FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED r BY LAW; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR 1 ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE, Brock motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye', Cochran "aye", Durrance "aye" Young "aye", Brock "aye", and Mayor Miller "aye'. Molion carried unanimously. 14. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement for professional legal services with the law offices of Jim Boyle. The following ordinance was considered: NO. 97-278 • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN i AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Kistoferson motioned, Brock seconded to adopt the ordinance. L • • r Council Member Young staled that he would like to see a consultant hired from Denton County. Mayor Miller indicated that these were specialized attorneys in the area of deregulation. • • City of Denton City Council Minutes September 9, 1997 Page 7 I On roll vote, Beasley uaye , Kristoferson "aye", Cochran "aye", Durance "ayer,Young "nay", Brock "aye", and Mayor Miller "aye'. Motion carried with a 6-1 vote. 15. The Council considered approval of a resolution supporting the existing boundary between Denton County and Tarrant County and supporting Denton County in its dispute with Tarrant County over approximately 5,%0 acres of Denton Countys southem-most boundary. Mayor Miller stated that a motion was needed to suspend the rules to allow this item for reconsideration at this time. Kristoferson motioned, Young seconded to suspend the rules to allow Council to reconsider the item. On roll vote, Beasley "aye", Kristoferson "aye', Cochran "aye", Durrance "nay", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. The following resolution was considered NO. R97-059 A RESOLUTION SUPPORTING THE EXISTING BOUNDARY BETWEEN DENTON COUNTY AND TARRANT COUNTY AND SUPPORTING DENTON COUNTY IN ITS DISPUTE WITH TARRANT COUNTY OVER I APPROXIMATELY 5,500 ACRES ON DENTON COUNTY'S SOUTHERN- MOST BOUNDARY; AND PROVIDING AN EFFECTIVE DATE, Kristoferson motioned, Young seconded to approve the resolution. Council Member Durrance expressed several concerns regarding this resolution. He has not seen any request directed to City Council for approval of this resolution. There was a letter from the County Judge with a tone indicating that approval was already done. He had a concern about reconsidering a matter previously voted on. He felt the Council should not suspend the rules for conduct but rather for emergency needs or extraordinary reasons. Not to act under standing general rules. He was concerned about the request for a reverse of position on a matter already resolved. A request for a revote must state a specific, direct and unanticipated event not seen at the time of the vote. There was no reason stated at this time. He felt outside influences must be the reason. He also had concerns about the resolution. It had been stated that "all" cities except Denton had passed • a similar resolution. Council's back-up showed that Ponder, Argyle, Aubrey, and Mustang had not passed such a resolution. It was bad policy to argue that everyone else was doing it. It was not the duty of the City Council to decide what should be done by the County. The City was not involved in this argument. He was being asked to support a position he was not in favor of. The border dispute was in a court and it was improper to try and influence a legal matter. The City should not meddle in the public policy of other governmental entities. • Durrance motioned to lay the item on the table. Motion died for lack of a second. • Mayor Miller stated that a suspension of the rules was not an emergency issue. The rules could be suspended on any item unless the Charter or Ciry code did not allow such, Council Member Kristoferson stated that her request for reconsideration was direct and due to unanticipated information. When the resolution first was considered, the Council did oot have s • • City of Denton City Council Minutes September 9, 1997 Page 8 4 much back-up information. At that point in time she voted against the resolution as she thought the County was in settlement. She found out later that it was not settled at that time. Nineteen cities supported the resolution and those two pieces of information would have influenced her decision at the time of the first vote on the issue. Council had also received a letter from the County Judge. Council Member Young stated that the City should be interested in this dispute. That property was worth a lot of money and generated many tax dollars, n.m resolution was indicating that the City of Denton was supporting Denton County so as not to have o pay more taxes. Council Member Durrance stated that the issue was not whether individuals could support the j County. The issue was whether the City should pass a resolution that did not effect it. The issue was making policy issues that were outside the City's concern. Mayor Miller indicated that he had voted against the resolution at the last consideration. He would vote in favor at this consideration. There were many issues to consider. He felt issues should deal with legislative issues and not legal issues. The City needed to support County on this issue. 11 On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "nay", Young "aye"I Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. ! 16. The Council considered approval of a resolution approving the mediated settlement agreement between the City of Denton and the individuals protesting the City of Denton's landfill permit application for the expansion of the existing landfill; and authorizing the City Manager to execute said mediated settlement agreement. The following resolution was considered: NO. R97-060 A RESOLUTION APPROVING THE MEDIATED SETTLEMENT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE INDIVIDUALS PROTESTING THE CITY OF DENTON'S LANDFILL PERMIT APPLICATION FOR THE EXPANSION OF THE EXISTING LANDFILL; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID MEDIATED SETTLEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. • Young motioned, Brock seconded to approve the resolution. i On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 17. Consider nominationslappointments to City's Boards and Commissions. Mayor Miller indicated that Alice Gore had been nominated by Council Member Cochran at a j previous meeting to the Keep Denton Beautiful Board. On roll vote, Beasley "aye", Mstoferson "aye", Cochran "aye', Durtance "aye", Young "aye", Brock "aye", and Mayor Miller "aye" Motion carried unanimously. Council Member Beasley had nominated Bob Manning to the Board of Adjustment at a previous • r i i Cay of Denton City Council Minutes September 9, 1997 Page 9 meeting, On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Dumme "aye Young "aye', Brock "aye", and Mayor Miller "aye". Motion carried unanimmly. With no further business, the meeting was adjourned at 8:30 p.m. JACK MILLER, MAYOR CITY Ov TRENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS { • 3 } • S sz - Y' ""~1 ' ts` y' II Jt''T .1 p~ 3,~ ../r L' +iN- • • CITY OF DENTON CITY COUNCIL MINUTES September 23, 1997 The Council convened into a Work Session on Tuesday, September 23, 1997 at 3:00 p.m. in the Police Training Room of the Denton Municipal Complex. PRESENT: Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, and Young. ABSENT: Mayor Miller and Council Member Durrance 3:00 p.m. 1. The Ccutxil received a presentation by Linda Cherrington regarding 1 planning for transit-oriented development. i Council Member Young stated that he objected to the meeting being held at this time as it excluded the working public. He suggested no more meetings at this time of day. Linda Cherrington, LKC Consulting Services, Inc., presented the outline for the session on planning for transit oriented development. She suggested that the goals for Denton were to maintain good mobility, minimize congestion and investigate principles of urbanism. Transportation and land use issues included suburbaniration, development geared toward the automobile, coordination of land use planting, transportation planning, and public policy. The presentation reviewed the demographics, regional growth, and travel time to work as shown in the agenda back-up materials. The Denton situation included TWU student population and UNT student population and the fact that 84% of the students lived off-campus, Challenges for Denton in the area of transportation growth included population growth, driving more, and most people driving to work alone. Land use patterns, changing demographics challenges, and air quality challenges for Denton were discussed. Transit in the region included commuter rail, light rail transit in the region and local city transit. 1 Council Member Durrance arrived at the meeting. In regards to transit in Denton, SPAN provided a fixed route service with four routes operating Monday-Friday 6:00 a.m. - 7:00 p.m. and Saturday 9:00 a.m. • 3:00 p.m. An ADA paratransit service with demand response, 24-hour advance request was also provided which was complementary to a fixed route. j t Mayor Miller arrived at the meeting. Ideas for the future included expanding the local transit service in Denton, providing subregional f • coordination, providing shuttle smite between the universities and downtown, establishing express service to Dallas, Fort Worth, the DFW Airport and major destinations, establishing regional transportation planning, providing rails to trails corridor regional rideshare programs, and working with NCTCOG on planning. Conclusions suggested included planning for transportation, land use, and other infrastructure was interdependent, the City should be aware of the DTW region when analyzing needs for transit in the community, and the first steps lie in local transit projects, • supportive land use policies and regional involvement. € • • Council Member Young suggested some type of shuttle service fwn Denton to Intel and other corporations at Alliance Airport. Mayor Miller stated that transportation was part of the planting process and it affected zoning. A second consideration was how to develop more areas of transportation. The University of North c • r • City of Denton City Council Minutes September 23, 1997 Page 2 Texas had a bus system from Fort Worth and Dallas with oot much ridership at this point in time. Some students had a difficult time getting to U NT. Mayor Pro Tern Brock stated, in addition to the emphasis at the universities that they were a metroplex draw for students, there needed to be an emphasis on transit on the university campus. ~ There was a need for safe bil.. lanes for students to get to and firom home and classes. There were few places for individuals to walk to get around in the City. Council Member Cochran stated that the combination of buses and bikes together was perfect. An individual could ride a bike to the bus line and take the bus to work/school. Mayor Miller stated that funding for bike routes was part of the funding for the current transportation program. Council Member Beasley asked about the commuter rail service to Dallas. Rick Svehla, Deputy City Manager, staled that the City had the right-of-way but no tracks at this point in time. I Mayor Pro Tern Brock stated that figures showed that Denton was not as much a commuter city as it was thought and that people were coming into Denton to work. She suggested having commuter I~, centers for commuters to pick up buses to take them to the major employment centers. I Council lvfember Young stated that most of Denton's traffic was coming from arras around Denton ared people coming to the City to work and to pass through Denton to Dallas for work. Council Member Cochran questioned what was next in the development. Dave Hill, Director for Planning and Development, stated that the City needed to deal with transit in the existing environment and look at future ways to better the mobility in Denton. The City needed to provide a choice for mobility rather than automobiles. Council Member Durrance stated that there was a need to start talking about pedestrian friendly issues when considering future proposals. What kind of public: transportation would be available for residents. 2. The Council received a report and gave staff direction regarding amending CILapter 33 "Signs and Advertising Devices" of the Code of Ordinances relating to the prohibition of off. ~ premise signs within the City of Denton and both of -premise signs and portable signs within the extraterritorial jurisdiction of the City of Denton and amending regulations applicable to temporary and nonconforming signs. y • • • Dave Hill, Director for Planning and Development, stated that this would be a review of thee draft amendments to signs and advertising devices in the Code of Ordinances. The draft ordinance had to fit into the existing overview of the existing sign ordinance. There were five suggested changes to the Code that would be affected by the draft ordinance. Those five changes included (1) definitions to accurately reflect the same language as State legislation; (2) new off-premises signs and portable signs would be prohibited in City of Denton and in the extraterritorial jurisdiction; (3) a sign control board would be created to consider removal of signs through a process detailed by r r: C„ i 1 • City of Denton City Council Minutes September 23, 1997 Page 3 State law; (4) procedures in the current ordinance which dealt with damaged signs for repairtreplacement needed to be clarified; and (5) requirements for time limits for temporary signs- Staff was prepared for a public hearing on October 7th if desired by Council. It was past the posting date for Council to take action on this item but a public hearing could be held on both October 7th and 21st and Council consider the ordinance on the 21st. Mayor Pro Tem. Brock stated that there were four questions that the Planning and Zoning Commission considered which were the same ones Council was dealing with. ill Hill stated that staff took the stance that the draft ordinance would contain the level of regulation permitted by State and Federal law and then indicate that that was the limit and the regulations could be relaxed if desired. The regulation on damaged billboards could not be more restrictive than the current regulations. Council Member Cochran asked if the draft ordinance would address the problem of vegetation removal around signs. Hill stated when off-premise sigrs were originally replaced, there was the possibility that roadside vegetation would block the view. His experience was that without any kind of regulations to guide, sign owners would reprove the vegetation to make the signs more visible. He felt that would be taken care of during the landscape revisions, Mayor Miller asked about cities %it i provisions to purchase signs. Hill stated 'hat staff wa+ v &ng on obtaining that information. Houston did remove signs with a potential compensation irge sign and at various locations at S40,000-80,000 to purchase a 627 square foot b ' -)an. Mayor Milk tw st ->ortod the idea of a moratorium on signs but had trouble with the purchase of sibs. 't rem • re many unmet needs in the community that were more important than purchasing signs to tr..e down. Mayor Pro Tern Brock felt that this issue would be decided by people through their elected representatives or might be on a bond election. Even if legislation were approved, it would not have any effect until it was included in a budget in the future. f Council Member Durrance asked if signs were considered real property, personal property or a combination, City Attorney Prouty stated that it was more of a combination. The calculation of cost was treated { as real property. Based on statutes, the City could not amortize without paying for the signs. ' f Council Member Young felt that the City should leave the sign ordinance alone. Signs attracted V business and if signs were outlawed, many people were out of business.. Business people would not stand for this proposal and he would be against this type of kgislation. Government should not interfere with private enterprise and the Council needed to let the people vote on this issue. Those Council Members who were up for re-election next year might have a hard time if they voted for this ordinance. I c • City of Denton City Council Min ues f September 23, 1997 Page 4 Council Member Beasley suggested that Council not add comments about re-election and not attack each other personally. Mayor Miller stated that this was not about outlawing signs but rather was about not adding more off-premise signs. Council Member Cochran agreed with not spend money on buying and removing signs. He asked if the sign board would be a mechanism to do other kinds of activities. Hill felt that the sign control board was designed to take care of a narrow type of activity. If there were a voluntary program for reduction of signs, staff would administer that type of program. City Attorney Prouty stated that the board existed for the determination of the compensation of signs. There were alternatives to paying cash such as abating taxes, allowing ad valorem taxes to a special fund and a provision to issue sign abatement revenue bonds. Mayor Pro Tern Brock stated that the proposal was to prohibit new oft-premise signs and, in particular, billboards. This was not anti-business as two cities that had such ordinances were on an economic boom, This issue was important due to the potLatial growth along the 135 corridor, especially along the area by the Texas Speedway. This was a good time to guarantee that Denton entranceways would be beneficial to Denton Brock motioned, Kristoferson seconded to proceed with recommendation #1 and #4 but not #5. Mayor Pro Tern Brock disagreed that this would discourage business. Businesses in Denton would be allowed on-premise sign. Mayor Miller stated that the motion was to proceed with the recommendation #1 and #4 but not 95. He did not feel this was anti-business. This dealt with the type of community Denton wanted. On roll vote, Beasley "aye', Kristofcrson "aye", Cochran "aye", Durance "aye", Young 'bay", Brock "aye", and Mayor Miller "aye". Motion carried with a 6.1 vote. After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, September 23, 1997 at 6:00 p.m. in the Police i Conference Room of the Denton Municipal Complex. • I, The Council ccnsidered the following in Closed Meeting: A. Personnel Matters Under TEX. GOVT. CODE Sec. 551.074 I. Considered dudes, evaluation and salary adjustments for the City Manager, City Attorney and Municipal Judge. _ J B. Deliberations concerning Real Property--Under TEX. GOVT. CODE Sec, 551.072. I ' I. Discussed and considered Rplxoval of an ordinance authorizing the City Manager to execute a revised real estate contract option to acquire additional real property wherein the City of Denton, Texas obtains rights to acquire a • • r City of Denton City Council Minutes September 23, 1997 Page 5 certain 18.969 acre tract of land situated in the David Hough Survey, Abstract Number 646, for public use C. Conference with Employees - Under TEX. GOVT. CODE Sec, 551.075. The i Council received information from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference. Special Called Meeting of the City of Denton City Council on Tuesday, September 23, 1997 at 7:00 p.m. in the Central Jury Room of the Denton Municipal Complex. NOISE EXCEPTION I . The Council considered a request for an exception to the noise ordinance for a "Pops in the Park" concert on Sunday, October 5, 1997 from 3:00 - 6:00 p.m. in the Civic Center Park. Cochran motioned, Young seconded to approve the exception beginning at 2:00 p.m. On roil vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried mtanimously. PUBLIC HEARINGS 2. The Council held a public hearing and considered an ordinance to rezone 17.732 acres from the Agricultural (A) zoning district to the Light Industrial (L1) zoning district and 11.684 acres from the Agricultural (A) zoning district to the Heavy Industrial conditioned (HI(c]) zoning district. These tracts were located on the west side of Interstate 35 West, south of Airport Road and north of Metro Street. (Z-97-014) (The Planning and Zoning Commission recommended approval 5.2.) Dave Hill, Director of Planning and Development, stated that this item would rezone a 17.732 acre site from agriculture to light industrial and heavy industrial with conditions. The heavy industrial zoning would be on 11.684 acres for a concrete batch plant. This was an area which had agricultural zoning surrounding it and to the north and south was light industrial uses. Access to the site would be from the I35W frontage road. This property was not currently platted and a plat would have to be done in order to be developed. At that time, the public improvements necessary for utility drainage easements and others would be addressed. The property was also subject to the 20% rule for approval that would require 6 of nnative votes from Council. Two property owners • out of 13 notified were in opposition that represented 400/16 in opposition. There was one property owner in favor of the proposal that represented the applicant. The Plaruung and Zoning Commission recommended approval with five conditions imposed on the heavy industrial site. Regulations dealing with the TNRCC rules were also included. Tie Planning and Zoning Commission discussion dealt with air bome dust and other problems with this type of operation. The conclusion was that there were provisions to water down materials which were imposed by the State. The proposed use was appropriate by the Denton Development Plan as the special purpose • center was for an intense use area. The zoning around the property was light industrial usage and • • there was a iron-confonrning use of a batch plant not very far away. He been requested to look at traffic counts in that area and the only one they had was at Airport Road, west of the frontage road. The volume registered at 7,000 vehicles with capacity of the roadway not being a problem. Council Member Durrance asked about access into the property. 1lrLL'i D.v_..-. • City of Denton City Council Minutes September 23, 1997 Page 6 Hill stated that the frontage road was in front of the property and the access road would be built off of that. Council Member Durrance asked if there was an indication at this point in time of the number of trips for the heavy equipment. Hill stated that there would be no restriction on time of operation or the number of vehicles on the site. Council Member Kristoferson asked if then would be an excessive amount of road damage comparable to the other non-conforming plants and was the State maintaining the road adequately. Hill stated that there were places when the road was not in good condition. He could not answer the question regarding life expectancy. Council Member Kristoferson asked if this proposal were approved, would it be setting a precedent for heavy industrial in the area hill stated that it might open the door for other heavy uses with conditions. Council Member Beasley asked if the property would be fenced all around the heavy industrial usage with trees. Hill relied yes but not on the access road. Council Member Young asked about single family homes in the area Hill stated that there were several light industrial uses in the area, Those uses created questions on how the agricultural property in the area would be affectod. The Mayor opened the public hearing. Greg Scott stated that Vattimore Materials was proposing this development. They had many plants in the metroplex area and previously had a plant in Denton on Willow Springs that was unsuitable as it was in a residential zoning area Lattimore kept a permit in place for TNRCC if needed. They found only one area in Denton for such a plant but did not want to put-chase the entire amount of • acres. Lattimore would sell off the portion that would not be used. U would be a cost to Lattimore for the amount of trees they would be required to plant but they wanted to be good neighbors. The i property was located in an industrial setting so that resident al development would not be a problem. Service roads were maintained by the State with the sane type of regulations as the highways. Surety bonds were issued on all trucks for damage to roads. Lattimore was trying to be a good neighbor. They were ready to move out of the Willow Springs area and into an area that _ was proper for this type of business. • • Council Member Beasley asked what Lattimore would be doing with the Willow Springs location. Scott replied that he had been authorized by the company to dismantle the plant and put the property up for sale. iLahai • r • City of Denton City Council Minutes September 23, 1997 Page 7 Council Member Young asked about the high tech plant that would be built. I Scott stated that all new plants would have a redarnation system in the plant- This would take left over concrete and put it through a machine into a holding pond. This eliminated all waste and ! everything was recycled. They would also be purchasing a street sweeper to vacuum up the dust from the plant- Council Member Young asked what guarantees there would be that there would not be problems with dust in area. Scott stated that the company had a weekly monitoring program and a checklist to look at all the equipment. Council Member Cochran asked about the number of deliveries per day Scott stated that that would be customer driven with some days having more than others. This 1 would be a ten truck operation that would average 4 trips per day. Council Member Kriswierson stated that the TNRCC regulations did not allow for visible emissions. She questioned why visible emissions were seen on other plants. Scott stated that some plants were operating under the permitted plants regulations. They operated S under an exemption and to do so had to meet the TN'RCC guidelines. A plant could operate under a permit and was allowed to have a certain amount of discharge per year into the atmosphere. Lattimore did not have any plants operating under permits. Mayor Miller asked what kinds of neighborhoods their other operations were located in. Scott stated that the Plano plant had been in operation for 25 years. Currently there was light industrial warehouses on three sides. The fourth side was in development. The Lewisville location was in a light industrial neighborl". The McKinney plant was at the edge of the city and they were going to move the Frisco plant as Highway 121 development was taking out that plant. Most of the plants were built away from development. Leo Gertz stated that Dallas Peterbilt supplied Lattimore with trucks. There were no dirty new concrete plants as they were all regulated by the Stale. Lattimore installed speed limits on the • trucks when purchased. The company would help promote jobs in Demon and was a good customer for Peterbilt. He felt Lattimore would be a good neighbor for Denton. Council Member Beasley asked how the Denton Peterbilt plant would feel about this plant near them. • Gertz stated that Lattimore purchased many trucks from them and was a good customer for • • Peterbilt. J. W Jagoe urged the Council to consider the building. Businesses created something the City did not have before and he urged the Council to vote in favor of the request No one spoke in opposition. • 0 +t City of Denton City Council Minutes September 23, 1997 Page 8 The Mayor closed the public hearing. I The following ordinance was considered: NO. 97-279 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL (LI) AND HEAVY INDUSTRIAL CONDITIONED (HI[CJ) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR 29.416 ACRES LOCATED ON THE WEST SIDE OF INTERSTATE 35 WEST, SOUTH OF AIRPORT ROAD AND NORTH OF METRO STREET; PROVIDING FOR A PENALTY IN 17HE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. Council Member Beasley asked if all surrounding businesses were notified about the rezoning and no opposition was received. Hill stated that staff had not received anything from them. Mayor Miller stated that there was a considerable amount of land adjacent to the proposal which was unsold and undeveloped and that property owner was not in opposition Hill replied correct. Council Member Beasley stated that she had been to one of the new plants in operation that was very clean. She was concemed about traffic but if light industrial were in that location, that could be as much traffic depending on the type of operation. The transition would be light industrial to heavy industrial with no residential zoning in the area She felt the trees and fence would help screen the plant from 135. • Hill stated that as recornmended from the Planning and Zoning Commission, without restrictions on the light industrial site, an off premise sign could be installed. Mayor Miller stated that a major concern of his was the impact this would have on further ' development in the area He decided that the property was compatible with the industry in the area He was also concerned about the scenic corridor and the aesthetics of the area but felt that the screening proposed would be adequate. • Council Member Cochran stated that he would be in support of the proposal as it was compatible with the area land use. This proposal would be mixed in with other industrial uses. I Council Member Kristoferson asked if Lattimore would accept a condition to not have an off- premise sign (a high rise billboard) on the light industrial property. • City of Denton City Council Minutes September 23, 1997 Page 9 Scott stated that they would not have a problem with that as they intended to develop it for commercial purposes. Mayor Pro Tern Brock stated that this was a eery difficult decision as this was a necessary industry which needed to be located somewhere. She was concerned about the proposed location and would be voting against the proposal due to her concern for entranceways. She questioned what would develop on the light industrial portion that would be next to concrete batch plant There was quality industrial development on Airport Road and these were arras that should be developed into high quality industrial development. This proposal did not further that cause. The impact on sunrounding properties was serious. Much development was coming to Denton and there was a need to determine the type of development that was desired. Council Member Durrance stated that he still had several conflicts 4i his mind with regards on how this should be approached. It had been asked if this proposal was consistent with good planning for the future and he was not certain that it was. He had reviewed the maps previously discussed in the Denton Development Plan and his notes taken .:ring the discussions of the Plan. This was not a question of economic development nor the type of company to be located there. The concern was if this type of development was appropriate in a scenic corridor. The proposal attempted to compensate for that and in a fashion for both the plant and the City. He would have liked to have heard from local businesses in the area for discussion and their lack of opposition implied that they ` did not object to this location. He had great reservations about the effects of the development but would be voting in favor of the motion This situation brought to light the need to complete The revisions of the Denton Development Plan as quickly as possible. On roll vote to adopt the ordinance with the added condition of no off-premise sign on the light industrial portion of the development, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "nay", and Mayor Miller "aye". Motion carried with a 6-1 vote. 3. The Council held a public hearing and considered an ordinance to rezone 1.849 acres from the Single Family Conditioned (SF-7(c)) zoning district to the Planned Development zoning district with approval of a detailed plan for an amenity center. The 1.949 acres was located approximately 2,000 feet southeast of the intersection of Lillian Miller and Teasley Lane. (Z-97-021) (The Planning and Zoning Commission recommended approval 7-0.) i • Dave Hill, Director foc Planning and Development, stated that this was a rezoning from SF 7 to 1 Planned Development for an amenities center. Access to the site would be from Lillian Miller R Parkway and Teasley Lane. There was no neighborhood meeting as the property was currently undeveloped. This was a larger site with a meeting center and pool with more parking spaces than an amenities center for a similar development. I The Mayor opened the public hearing. Bob Shelton stated that there was .%n existing barn that would be remodeled for a meeting center. Mayor Pro Tern Brock asked if the developer would install bike racks on the site. Shelton replied yes. f; • • City of Denton City Council Minutes September 23, 1997 Page 10 No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered, r NO. 97-280 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT l CLASSIFICATION AND USE DESIGNATION TO THE PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 1.849 ACRE TRACT LOCATED APPROXIMATELY 2,000 FEET SOUTHEAST OF THE INTERSECTION OF LILLIAN MILLER PARKWAY AND TEASLEY LANE; APPROVING A DETAILED PLAN FOR THE T/LS`.TRiCT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF S2,000.00 FOR VIOLATIONS t THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Young seconded to adopt the ordinance. . On roll vote, Beasley "aye', r Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and !Mayor holler "aye". Motion carried unanimously VARIANCES 4. The Council considered approval of an exaction variance to Section 34-114-(S) of the Code of Ordinances concerning perimeter street paving. The 0.499 acre tract was located southwest of the intersection of Sunset Drive and Bolivar Street. (T. N. Skiles Addition) (The Planning and Zoning Commission recommended approval 6-0.) Dave Hill, Director of Planning and Development, stated that this variance was related to a residential replat. The property owner was making improvements on the land. One large lot would be divided into two lots. The city's ordinance required perimeter improvements be made for curb and gutter with curb cut. The perimeter pa,.ing would be from the centerline of adjacent street to the required width to curb and gutter. The Engineering Department indicated that Sunset Drive was • recently repaved and recommended a saw cut be done to prevent a jagged edge. The recommendation from the Planning and Zoning Commission was to waive all perimeter paving and i the curb and gutter requirements. The Planning and Zoning Commission was scheduled to consider I ' the preliminary and final plat at its next meeting depending on the decision of the variance. f i Young motioned, Cochran seconded to approve the variance. On roll vote. Beasley "aye', Kristoferson "aye", Cochran "aye', Durrance "aye", Young "aye", Brock "aye', and Maya Miller 11 ` • "aye". Motion carried unanimously. I • • CONSENT AGENDA Council Member Young asked to pull Item #9 for discussion. He asked if the residents in Township Two were notified about this project. • City of Denton City Council Minutes September 23, 1997 Page 11 Lill Jordan, interim Director for Water/Wastewater, stated when that staff had met with the neighborhood it was indicated that staff would return when they were ready to bon the project. The contractor would have a public meeting with the neighborhood to work out the final details of ` the entry to the common belt area. Young 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 Miller "aye". Motion carried unanimously. 5. N0.97-281 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 #2091 - Janitorial Services - Recreation Centers) t i 6. NO. 97-282 E AN ORDINANCE ACCEPTING CGMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR I SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2093 - Annual Price Agreement for Compound Water Meters) 7, NO. 97-293 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 #2100 - Portable Trash Pump) 8. NO. 97-294 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVID NG FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR L'41PROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2073 - Cooper Creek Drainage Basin Manhole Rehabilitation and Repairs) q, N0.97-285 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE I AWARD OF CONTRACTS FOR PUBLIC WORKS OR l[MPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid x#2087 • Township H Wastewater Lining Project) • r • City of Denton City Ccuncil Minutes September 23, 1997 Page 12 t 10. NO. 97-296 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 #2089 - Manhole Rehabilitation Project) IL NO. 97-287 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.(RFSP #2086 - R. W. Beck & Associates Inc.) 12. NO. 97-288 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO A CONTRACT BETWEEN THE CITY OF DENTON AND APPLICATION CONTROL ENGINEERING PROVIDING FOR AN INCREASE IN THE SCOPE AND PRICE OF THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE.(PC #77189 - Application Control Engineering) 13. NO. 97-299 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. (PC #77833 - Greenville Transformer Co.) W. NO. 97-290 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A • PURCHASE ORDER BETWEEN THE CITY OF DENTON AND FURSTENBERG CONSTRUCTION CO.; PROVIDING FOR AN INCREASE IN THE PURCHASE ORDER PRICE; AND PROVIDING AN EFFECTIVE DATE. (PC #73330) 15. NO. 97-291 TEXAS, APPROVING THE 1997 TAX L • V • AN ORDINANCE OF THE CITY OF DENTON, ROLLS; AND PROVIDING AN EFFECTIVE DATE. t 16. NO. 97-292 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED REAL ESTATE CONTRACT OPTION TO ACQUIRE ADDITIONAL REAL i • City of Denton City Council Minutes September 23, 1997 Page 13 PROPERTY WHEREIN THE CITY OF DENTON, TEXAS OBTAINS RIGHTS TO ACQUIRE A CERTAIN 19.969 ACRE TRACT OF LAND SITUATED IN THE DAVID HOUGH SURVEY, ABSTRACT NO. 646, FOR PUBLIC USE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY TO CONSUMMATE THE PURCHASE OR ACQUISITION OF REAL PROPERTY IN ACCORDANCE WITH SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AUTHORIZING THE ESTABLISHMENT OF A SINKING FUND THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. ITEMS FOR INDIVIDUAL CONSIDERATION 17. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract for professional legal services with Lloyd, Gosselink, Fowler, Blevins & Mathews, P.C. Bob Nelson, Assistant City Manager for Utilities, stated that this firm was the outside attorney for deregulation. The contract was for additional work for next year on this issue. The following ordinance was considered: NO. 97-293 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN THE CITY OF DENTON AND LLOYD, GOSSELINK, FOWLER, BLEViNS & MATHEWS, P.C.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING 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 Mayor Miller "aye'. Motion carried unanimously. 18. The Council considered nominrtions/appointments to City's Boards and Commissions. Council Member Young nominated Darlene Munger to the Animal Shelter Advisory Board 19. The Council considered a voting and alternate voting delegae to the National League of Cities' Annual Business Meeting. Council Member Beasley nominated Mayor Miller and Mayor Pro Tern Brock as voting and alternate voting delegate. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", • Durrame "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. • • 20. There was no continuation of Closed Meeting items held under Sections 551.071 •551.085 of the Texas Open Meetings Act. 21. The following action was taken on Closed Meeting items held under Sections 551.071 - 'A5 of the Texas Open Meetings Act: r i f • Mow sr ` . City of Denton City Council Minutes September 23, 1997 f 1 Page 14 E Young motioned, Beasley seconded to grant a pay increase for the City Munger, the City Attorney and the MWUcipd Judge of 4•/. which was effective on October 1, 1997. On roll vote, Beasley "aye", Kristofersaa "aye', Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unaniatously. With no further business, the mating was adjourned at 9:15 p.m JACK MILLER, MAYOR CITY OF DENTON, TEXAS - JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS i ,i ' i y r ~ e+ namn • CITY OF DENTON CITY COUNCIL MINUTES October 7, 1997 After determining that a gcorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, October 7, 1997 at 5:45 p.m in the Police Conference Room of the Dalton M, aicipal Complex. PRESENT: Mayor Pro Tern Brock; Council Members Beasley, Kristoferson, Cochran, and Young. ABSENT: Mayor Miller and Council Member Durrance 1. Closed Meeting: A. Consultation with Attomey-Undet TEX. GOVT. CODE Sec. 551.071 1. Considered and disco sed settl ,a mt of Joel Darnell Patton and Nelda Jean Patton Y. The Cwt ~ of k.:=1~ the Citlr of Denton, and the City af Corsicana civil action number 196c-l filed in the United States District Court, Eastern District of Texas, alleging violation of civil rights. 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. d C. Deliberations concerting Real Property-Under TEX. GOV'T. CODE Sec. 55Ill 1. Considered and discussed a possible real estate agreement with Denton Independent School District for property located north of Loop 288 between ' Shernan Dri-c and Stuart Road. Mayor Miller and Council Member Dumnce arrived during the Closed Session. The Council convened into a Regular Meeting on Tuesday, October 7, at 7:00 p.m in the Central Jury Room of the Denton Municipal Complex. PRESENT: Mayor Pro Tom Brock; Council Members Beasley, Kristoferson, Cochran, and Young, ABSENT: Mayor Miller and Council Member Durrance 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas • flags. • • f 2. The Council considered approval of the minutes of July 1 and July 8,1997• ~J Beasley motioned, Cochran seconded to approve the minutes as presented. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. • • City of Denton City Council Minutes October 7, 1997 Page 2 P RESENTATION SJAWARDS 3. Proclamations Mayor Miller presented the following proclamations: Make A Difference Day Domestic Violence Awareness Month Fire Prevention Week Public Power Week 4. Presentation by Electric employees regarding information about electric services. Various employees of the Electric Department presented "Fun Facts" about the City's electric service. 5. Presentation of winners of DISD'Kid Vid Contest'. Sheree Turner, Multi-media Specialist, gave an introduction of the program and presented the winners in the different categories. Those individuals received certificatx from the Mayor. Mayor Miller presented c.ic following October Yard of the Month Awards: Frcmhy & Terri Rheault I:m & Sue Rogers Jim & Stephanie Wilson I{ Richard & Pearl Yates Provident Place Ann's Portrait Designs CITIZEN REPORTS 7. The Council received a citizen report from Dessie Goodson regarding defining one's constitutional rights. • Ms. Goodson stated that the City had violated her First Amendment right that was the freedom of speech. The City had also denied her Amendment Five that was due process of law, as she had not 1 been informed of a crime. Amendment Six grantee an individual the right for a speedy and impartial trial that she did not have in her case against the City. Amendment 14 stated that all persons, bom or naturalized, were citizens of the U.S. and could not be denied rights. Her rights had been violated. She had not had electricity or water due to the City's lack of explanation of how 0 three individuals could live cheaper than one in the same house. She would not use the City's • • water or electricity until an explanation was given her that was satisfactory. 8. The Council received a citizen report from Nell Lights Yeidell regarding a problem with the drainage ditch located on Prairie Street and more police protection for the area Nis. Yeldell was not present at the meeting. 0 • • City of Denton City Council Minutes October 7, 1997 Page 3 E 9. The Council received a citizen report from Ross Melton, ~r. regarding streetlights, billboards, and attomey-client privileges. Mr. Melton stated that he had told the City of locations where lights were burning during the daytime but they had not been fixed. The City was going to ban billboards in the City limits but it was not right to do so on private property. The proposed Compensation Board needed to be W. The City Attorney had the right to not tell what advice was given a private client but that was taxpayers dollars and the information should be given out after it was no longer vital to a case. He felt the Council was hiding information from the citizens. He was not able to fund out what cases were in Municipal Court. The Code Enforcemew Office indicated that it did not know what cases were filed in Municipal Court. NOISE EXCEPTIONS 10. The Council considered a request for an exception to the raise ordinance for the construction of a Kingdom Hall of JehovWs Witnesses at 610 W. Windsor October 16-19 and October 23-27, 1997. Veronica Rolen, Administrative Assistant, stated that this was a standard request for an exception to the noise ordinance for construction noise. The main source of the raise would be from the volunteers who would be present for the construction. Bobby Williams stated that they planned to construct this Kingdom Hall over the weekend. Late at rilghl the number of M ple working would be reduced from 400 people to 200 people. A forklift would be used to put shingles on the roof and for the placement of the bricks around the building. Council Member Young asked if most of the noise would be done during the day. He also asked if the area residents had been contacted Williams stated chat the neighbors had been cooperative thus far. Council Member Young stated that he was concerned about the neighbors in the area. That number of people would gennate too much noise. Council Member Beasley asked where the volunteets would be parking. • Williams stated that they had a nine-acre site and parking would be in the back of the site. There i would be no on-street parking. Council Member Beasley asked that the petitioner work with the neighbors in the area and advise them of what was going to happen. _ • Council Member Cochran expressed a concern about the carrying of noise at nigh' and the effect on ~ • • the area residents. Mayor Pro Tern Brock asked what would happen if the Police Department remi,ed complaints about the noise. Williams stated that they would discontinue that job and do another job until later in the day. f i • • City of Denton City Council Minutes October 7, 1997 Page 4 Young motioned to approve exception but if one complaint was received, the work would have to stop. Williams asked if they would have to totally stop work or stop the job making the noise. Council Member Young stated that they would have to stop the work and Council would have to h reconsider the exception. Kristoferson seconded the motion. Council Member Beasley suggested that they visit with the neighbors so that they knew the work would be taking place on those nights. Council Member Cochran suggested that they give the neighbors a phone number to call with a complaint rather than calling the Police Department. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "nay", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. It. The Council considered a request fcc an exception to the noise ordinance for a Tent Revival ! in the Civic Center Park on Sunday October 12 and 19,1997 from 7:00 p.m. - 9:00 p.m. This request was withdrawn from consideration. 12. The Council considered a request for an exception to the noise ordinance for a benefit concert sponsored by Trinity Presbyterian Church on Sunday, October 19, 1997 from 12.00 noon until 5:00 p.m. at the North Texas State Fairgrounds Fair Hall. Veronica RoIen, Administrative Assistant, stated that this was a standard exception to the noise ordinance for loudspeakers, etc. Young motioned, Beasley seconded to approve the exception. On roll vote, Beasley "aye", Kristoferson "aye', Cochran "aye', Durrance "aYye', Young "aYc', Brock "aYe" and Mayor Miller j "aye". Motion carried unanimously. • PUBLIC HEARINGS i 13. The Council held a public hearing and considered an ordinance providing for a change in f zotung from Single Family-7 zoning district classification and use designation to Multi-Family-1 zoning district classification and use designation with conditions (h'¢-I[c]) for 2.158 acres of farad located on the east side of Bernard at Greenlee. (The Planning aril Zoning Commission • recommended approval 6-0) • • i David Hill, Director of Planning and Development, stated that this request for a 2-acre site located at 1301 Bernard was to rezone the property to multifamily conditioned. The Planning and Zoning Commission unanimously recommended approval. The 20% rule was not in effect for this case. The next phase would be plat approval, The Commission rejected outright multi-family zoning and placed the same conditions that were placed on a similar site. Some characteristic of 4ie case were C, • City of Denton City Council Minutes October 7, 1997 Page 5 not consistent with the Denton Development Plan. The Plan required separation of multifamily uses which was not done with other multifamily cases in the area. The Plan indicated that the low density should be protected with site design controls which was not done with this tract This was an area in transition with single-`amity homes in the area that were basically rental homes. Traffic would be assisted with improvements designated for the future, The Mayor opened the public hearing. ! Wayne Rogers stated that the site was small with limited single family residences in the area. The impact on the single-family homes would be would be minimal as the area was mostly multifamily. The initial plat was for 62 units that the site would allow. He had decreased the number of units to 32 units. All buildings would be in row on the south property line with all packing requirements met. The property backed up to a creek but drainage would not be a problem. Mickc) George stated that he lived in the area He felt this was an upzoning of the area to increase the density of the area. Thirty-two new units would increase tnfi5c in the area. In the future there would be no single-family homes in the area with any lawns, only concrete. A certain quality of life would be lost with this proposal. At some point in time there was a need to stop this type of development. The Mayor closed the public hearing. ' Mayor Pro Tern Brock stated that she visited the site. Development standards were different today than when "Concrete City" was put into place. There was a need to be serious about what was going to be built on the west side of Bernard. Some of the homes in that area were just as important as the homes in the historic area. The area west of Bemard was full of historic structures. There were families moving back into the area This particular property did not fit into that kind of neighborhood but needed staff support to designate that area as a target area for small sector planning. The following ordinance was considered: 1 NO, 97.294 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING FROM SINGLE FAMILY - 7 ZONING DISTRICT • CLASSIFICATION AND USE DESIGNATION TO MULTIPLE-FAMILY - 1 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH ? i CONDITIONS (MF-I-C) FOR 2.158 ACRES OF LAND LOCATED ON THE EAST SIDE OF BERNARD AT GREENLEE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. _ Kristoferson motioned, DunwKe seconded to deny the ordinance. She was concerned about egress to the area Council Member Young stated that that area was created for student housing. It was the City's policies from the Housing Authority that created a ghetto in this area The City created the problem for not being fair and integrating the Section 8 individuals. No one was going to build a home on this site and the apartment complex would not create another Concrete City unless it was made f • I City of Denton City Council Minutes October 7, 1997 Page 6 Section 8 housing. There would not be a traffic problem in the area No one had built a new home in the area in at least the last 10 years. This would be an asset for the area because no one else would build there. !Mayor Pro Tern Brock stated that the housing was public housing and allocation was not a function of the City of Denton. That was federal housing created by the federal govemment. City policies helped create that area by physical development and the lack of landscaping policies, setbacks, etc. No one was insulting a group of people in the area The City did not allocate that housing. Council Member Beasley stated that she would be voting against the motion. The property was rat really suitable for anything else. On roll vote, Beasley 'hay", Kristoferson "aye", Cochran "nay", Durrance "aye", Young "nay", Brock'hay", and Mayor Miller "nay". Motion failed with a 2-5 vole, Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "hay", Cochran "aye", Durrance "nay", Young "aye", Brock "aye", and Mayor Miller "aye'. Motion carried with a 5-2 vote. 14. The Council held a public hearing and considered an ordinance regarding amending Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances relating to the prohibition ` of off-premises signs within the City of Denton and both off-premises signs and portable signs within the extraterritorial jurisdiction of the City of Denton and amending regulations applicable to nonconforming signs. Mayor Miller stated that this was the first of two public hearings on tl~.is item. After the second public hearing Council would take action on the proposed ordinance. This meeting was to receive public comment on the proposal. I David Hill, Director of Planning and Development, stated that this was a public hearing with respect to proposed amendments to Chapter 33 that dealt with signs and advertising devices. Following the Work Session discussion on this item, staff made two major changes to the proposal. Any reference to temporary signs had been removed and some of the initial language which described the justification or authority of the municipality had been elaborated. Questions raised during the Work Session were addressed in the back-up materials. Of the apMximate 1(*' • billboards surveyed along 135, 45 advertised businesses located in Denton, 35 advertised businesses not located in T)enton and 29 were advertising for Denton business but no directions were given. i Another question dealt with the removal options beyond comperwtion by a sign control board ' Tax abatements, community beautification funds, buyouts and attrition due to damage or aging were presented. A rumor of litigation with the Fort Worth and Houston ordinances proved not to be true at this point in time. Council Member Durrance asked about the ratio of two or more for one swap and how that formula was formed. J Hill stated that that would be a negotiated matter depending on what a municipality wanted to do. • J i i City of Denton City Council Minutes October 7, 1997 Page 7 City Attorney Prouty stated the original two for one idea was if the owner of a sign removed two old signs, he would be able to erect one new sign and was originally proposed by the sign industry. Fort Worth had a four for one replacement Council Member Cochran stated that he had mentioned a concern about the name of the sign control board when it would not be controlling signs. He asked if that was a matter of state law or could it be change. City Attorney Prouty stated that Chapter 216 entitled it a sign control board but the City did not have 10 call it that as long as performed the necessary functions of Chapter 216. Council Member Young asked where the sign control board would get money to buy signs. Hill stated that that would be up to the Council on how to select the signs and what kind of funding would be used. The sign control board did not do that Council Member Young asked about current litigation on signs. City Attorney Prouty stated that Fort Worth indicated that it had not been sued regarding their sign ordinance. They had received a claim from a Houston attorney who filed a suit in Houston. The 0 primary claim was for permit fee of $75 which he thought was too much should be have been S40. No litigation had been filed in Fort Worth. Recent cases had not been about the ability to ban billboards or cause them to be removed in return for compensation but rather about the fees charged and other parts of the administrative process. Council Member Young asked about a consideration of a buyout program. Hill stated that one option was a lease buyout. The property owners allowed a sign owner to erect a sign. When the lease expired, the Citywould buy those rights to prevent the renewal of that lease, City Attorney Prouty stated that there were different ways to purchase signs. The sign board would decide what city would have to pay for the sign, whether to pay cash, use a tax abatement, a beautification fund, or issue revenue bonds to pay for the signs. • Council Member Young felt that someone could remove signs he did not like against a certain business. He felt that the proposed sign ordinance would result in a lawsuit He asked if the city could guarantee that a lawsuit would not be filed if this ordinance was approved. City Attorney Prouty stated that he could not guarantee that the city would not be sued. If an ordinance were enacted in accordance with Chapter 216, the City would be able to defend that suit and be successful. • • Mayor Miller stated that the purpose of this meeting was for a public hearing. He suggested holding Council discussion unt:[ after the second public hearing. The purpose now was to receive information from the public. . _ a • • E City of Denton City Council Minutes October 7, 1997 Page 8 Council Member Kristoferson stated that the proposed ordinance would affect only new billboards and would not impact present billboards. Hill replied correct i The Mayor opened the public hearing. Holly Montalbano stated that she was the Executive Director of Scenic Texas. She was speaking in favor of the proposed amendments. Houston's experience with billboard ordinances was used as a model in many cities. In 1980 it was estimated that there were approximately 9,000 billboards in Houston. In 1980 Houston passed an ordinance prohibiting new billboards. Since then there had been a 35% decrease in the number of billboards due to attrition and Houston now had fewer than 6,000 billboards. These ordinances were supported by over 800/6 of Houstonians and many wanted to strengthen those restrictions. Billboards were out of place in most locations and landscapes were not the place for billboards. Mitchell Turner stated that he was a representative of the Greater Southridge Association. He supported this proposed ordinance. He felt that there were too many billboards already and that something needed to be done regarding too many signs. He suggested that billboards advertising businesses and products outside the City of Denton not be allowed If the Council was serious about keeping Denton beautiful, it must keep its entrances pleasing. Cliff Reding stated that stated that he had a sign business located in Denton. Approximately I0-12 years ago the City went through a rewrite of the sign ordinance. He was in favor of the control of signs. He felt that the control method in the current ordinance and along highways adopted by the State of Texas were enforced in this area He felt that the signs that up-et everyone were the signs on 35E that were not following the guidelires. If the City followed the current guidelines it would eliminate many illegal signs. The current ordinance indicated that ifa sign was damaged up to 600/9 f of the total estimated value it could not be replaced if it was a non-conforming sign. The city had the instrument right now to enforce those ordinances. He felt it was not correct to not allow any further signs in the area. A major concern of new business was to let the public know that their product was there. Billboards were effective for businesses. He felt the proposal would send an anti business indication to current businesses or to new businesses. He suggested having a committee study the issue rather than hurrying into passing this ordinance. Mark Foster stated that he was concerned about the proposed changes. In the last several years since the City had the sign ordinance their business had been hurt. They formally had two signs on j their property but weather damaged one and they could nit replace it. The second sign had been damaged and :ould be repaired but it would have to be smaller. When the City eliminated billboards it was eliminating merchandise to the merchant Small businesses supported the • community rather than the large corporations in the City. He did not understand why the City O O would want to make it harder for the small business to survive. Without billboards, business could cease to cris:. Scott Hill stated that the city needed billboards. He represented the City of Denton as people stopped at his business to fund out about Denton. People stopped in Denton because of their billboards. Business was needed in Denton. The State was in the sign business with the • City of Denton City Council Minutes October 7, 1997 Page 9 informational signs that were placed along the highways. He paid over $2,400 a month for the rental of billboards. He felt the City was making a mistake with this proposal. Mickey George stated that a sign ordinance was critical for a city. There was a point in time when j such an ordinance was needed. Signs were an important form of advertising which was critical for a business. But he was against billboards and felt they wem clutter in the landscape. Businesses would adapt to the changes. He asked the Council to consider what it warted for Denton in the future and a decision was needed now for the future. I Jo Nash stated that her business depended on signs. She felt that this ordinance was socialist and elitist. It was taking away monies and taxes from the businesses. It took away jobs and people's income. The individual who leased the land for the sign would be the individual hurt in this proposal. The billboards should be left alone. Don White stated that signs were a part of every business' life. Beauty was in the eyes of the beholder. Taking property from individual's impeded the pursuit of life, liberty and happiness. There were many problems in Denton that the Council had not addressed, namely drainage. The City was managing the problem but rot fixing the problem. He suggested that the Council spend tat dollars not to buy signs but to use for those essentials which were needed. Council needed to consider other issues that were more important. If the Council had businessmen as Council i members, it might have a different perspective. Zeke Martin stated that one problem would be the buy out provision and the creation of another city board. There were more and more controls over the business people and he Nas not sure it was needed. Advertising was a large entity in everyone's life. He hoped the Council would give as much consideration as it might have a lot of effect either way. Chuck Dennis stated that he was surprised no meeting with staff and the sign industry was held before proposing such an ordinance. He felt Council had taken one side on this issue. There were no studies that indicated that a change in the current ordinance would help Denton in any way. He asked CoLuxil to defer the proposal in order for staff and the industry representatives to study the issue, He felt the proposed ordinance would lead to litigation. The government did not have the i right to regulate a communication media Denton had a sign ordinance that worked and should be Icft alone. Jim Smith stated that he received income fmm billboards on property he owned He owned a business in Denton and advertised with billboards. Douglas Coggeshall stated that there were things happening in Denton which were not right. Council was trying to destroy business in Denton. Denton did not have a problem with signs. i O Council knew that there were many federal questions regarding this type of litigation The City did ` Q O not have enough money to do the things it needed to do such as provide pay raises for employees, parks, and streets but was willing to spend money on potential litigation Sooner or later the prairie winds would destroy the current signs. With all the money spent on this issue and the ill will generated on this issue, the city could use the money to fad the children and widows and orphans in City. • • City of Denton City Council Minutes October 7, 1997 Page 10 The Mayor closed the public hearing. He stated that there would be another public hearing in two weeks and Council would consider the ordinance at that point in time. Council Member Cochran motioned that the legal staff change the name of the sign control board to the sign appraisal board Council Member Kristoferson seconded the motion. Council Member Durrance asked for a point of order whether there was a motion on tht floor. Consensus of Council was to make that change in the board name. Council Members Cochran and Kristoferson withdrew the motion and the second. Council Member Cochran stated that he had the impression from citizens that there was some lingering confusion about the aspects of the ordinance and in particular the sign appraisal board and the intentions to use public money to purchase signs. He suggested that this be better explained at the next meeting. E CONSENT AGENDA Young motioned, Beasley seconded to adopt the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Kristoferson "aye', Cochran "aye', Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motioncarried unanimouay. 15. No. 97-295 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. (PC #78176 Integrated Computer Systems, Inc.) • 16. NO. 97-296 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENT ER INTO A PROFESSIONAL SERVICES CONTRACT WITH HALFF ASSOCIATES, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE DENTON RAIL-TRAIL PROJECT; AUTHORIZING THE EXP`V,DriURE OF • FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE„ (RFSP #2016 • • - ArchitecturaL'Engineering Services - Denton Branch Rail-Trail) 17. NO. R97-061 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR TECHNOLOGY EQUIPMENT AND SOFTWARE • City of Denton City Council Minutes October 7, 1997 Page l1 WITH CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE. 18. NO. R97-062 A RESOLUTION APPROVING A PROPOSAL BY THE DENTON CENTRAL APPRAISAL DISTRICT FOR THE EXPANSION AND RENOVATION OF THE PREMISES IN WHICH THE APPRAISAL DISTRICT OFFICES AND FACILITIES ARE LOCATED. ITEMS FOR INDIVIDUAL CONSIDERATION 19. The Council considered adoption of an ordinance amending Section 8-162 "Access Channels" of Chapter 8 of the Code of Ordinances to allow public access channel rules to be developed by the cable operator and to delegate to the cable operator the authority to administer and oversee these public access rules. Richard Foster, Public Information Officer, stated that there were two items of consideration for this issue. The first item was an ordinance and the second was a resolution. The resolution carved forth the direction Council gave staff at a Work Session in May. In order to enact the resolution, the ordinance had to be passed. The ordinance amended the existing cable television ordinance to pass the resolution which delegated to the cable operator the administration and oversight of the operation of the cable television public access charm]. The following ordinance was considered: NO. 97-297 AN ORDINANCE AMENDING SECTION 8-162 "ACCESS CHANNELS" OF CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO ALLOW PUBLIC ACCESS CHANNEL RULES TO BE DEVELOPED BY THE CABLE OPERATOR AND TO DELEGATE TO THE CABLE OPERATOR THE AUTHORITY TO ADMINISTER AND OVERSEE THESE PUBLIC ACCESS RULES; PROVIDING A REPEALER CLAUSE; AND PROVIDING • AN EFFECTIVE DATE. Bcasky motioned, Brock seconded to approve the ordinance. On roll vote, Beasley "aye", K-ristofersen "aye', Cochran "aye r, Durrance "aye", Young "aye, Brock "aye", and Mayor Miller f "aye". Motion carried unanimously. • 20. The Council considered approval of a resolution amending Resolution No, R94--072 L • • adopting cable television public access rules. Richard Foster, Public Information Officer, stated that the cable television franchise required the cable operation to provide a public access channel. Rules regarding the use of the channel were passed in 1994 but were deficient in some areas and Marcus agreed to consider the administrative oversight of the rules. 4 • • City of Denton City CourK-d Minutes October 7, 1947 Page 12 Council Member Cochran asked if the issue of using a resident's tape had been resolved. Foster stated yes as long as the individual was a resident of the City which meant he would be the sponsor for the showing of the tape. Council Member Cochran asked about the course of appeal for a citizen whose material was deemed unacceptable by the cable company. Foster stated that the tapes would not be prescreened. Mayor Pro Tern Brock asked what resort an individual would have who felt he was the object of liable, slander or defamation of character on a program. Foster stated that the producer of the film would be responsible, not the cable company or the City. The following resolution was considered: NO. R97-063 A RESOLUTION OF THE CITY OF DENTON, TEXAS AMENDING g RESOLUTION NO. R97-072 ADOPTING CABLE TELEVISION PUBLIC ACCESS RULES; AND DECLARING AN 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 "aye". !Motion carried unanimously. 21. The Council considered adoption of an ordinance approving a consolidation amendment of the Economic Development Program Agreement between the City of Denton and the Denton Chamber of Commerce providing for a program to promote economic development. E Linda Ratliff, Director of Economic Detirbpmcnt, stated that this ordinance was a contract between the City and the Chamber of Commerce for an economic development partnership. Roles • were the same with the Chamber being the marketing arm of the partnership. Certain performance measurements were included and proposed the formation of a new committee. It would provide for J an oversight comnattee consisting of the Mayor, the City Manager, a member of the public Utilities Bond, the Director of Utilities, the C?Wmtan of the Chamber of Commerce Board of Directors, the President of the Chamber of Commerce, and one member of the basiness community. Mayor Miller asked if there had been discussion on who would chair that committee. • • Ratliff indicated that there had been no discussion. Mayor Miller felt that that needed to be included in the ordinance for direction. Thera should be some mechanism on how to pick the chair and the length of term. • • i City of Denton City Council Minutes October 7, 1997 Page 13 Ratliff slated that the committee could select the chair for a period of one year. Council Member Beasley asked if the Council would receive a report at the end of the fiscal year or at the end of the caleniar year. Ratliff stated that the Council would continue to receive quarterly reports and a monthly activity report would be presented to the committee. The plan would be reviewed on a quarterly basis with a report to Council. Council Member Cochran stated that part of the funding for this would be from private Surds. He asked about the mechanism for the time frame for the private funds Ratliff stated that it would be throughout the fiscal year. Chuck Carpenter stated that the funding carne throughout the year. NO. 97-298 AN ORDINANCE APPROVING A CONSOLIDATION AMENDMENT OF THE ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, K istoferson seconded to adopt the ordinance. Council Member Dumince staled that he had reservations regarding this issue. He felt the Council should continue to consider this issue and observe the process. He felt that there might be other options that could be considered and should be looked at. i Council Member Cochran stated that he was not comfortable spending utility money and getieral fund tax money to support the Chamber of Commerce. This was not something the voters in his district approved of. There were other options to consider. The amount of money the City was spending for its own economic efforts complimented the Chamber's efforts. He questioned whether this was heeded. 1 On roll vote, Beasley "aye", Kristoferson "aye", Cochran "nay", Dumuxe "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion c2-ried with a 6.1 vote. 22. The Council considered approval of a resolution nominating a member(s) to the board of • Directors of the Denton Central Appraisal District. • Kathy DuBose, Assistant City Manager for Finance, stated that the District was seeking nominations to the Board of Directors. Each nominee needed 1,000 votes. The City had 214 votes. In the past, the City had coordinated wi+h the DISD to nominate an individual. ti~1 • City of Denton City Council Minutes October 7, 1997 E Page 14 The following resolution was considered: No. 891.064 A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Brock nominated, Cochran seconded to nominate Bill Giese. On roll vote, Beasley "aye', Kristoferson "aye", Cochran "aye", Durance "aye", Young "aye", Brock "aye", and Mayor Miller "aye'. Motion carried unznimousty. 23. The Council considered approval of a resolution authorizing the City Council to hold a joint meeting with the D1SD at a location away from City Hall. The following resolution was considered: l NO. R97-065 A RESOLUTION AUTHORIZING THE CITY COUNCIL TO HOLD A JOINT I MEETING WITH THE DENTON INDEPENDENT SCHOOL DISTRICT IN THE CENTRAL SERVICES BUILDING OF. THE DENTON INDEPENDENT SCHOOL DISTRICT, IN ACCORDANCE WITH ORDINANCE NO. 97-220; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to approve the resolution On rot[ vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion tamed unanimously. 24. The Council considered approval or an ordinance amending the membership requirement for the Airport Advisory Board. Linda Ratliff, Director of Economic Development, stated that at a prior meeting Cowxil directed staff to prepare an ordinance that all members of the Board would be residents of Denton. In addition, the current criteria for membership prohibited any individual who had a financial interest in the Airport from being a member on the Board. That was in conflict with other membership requirements for advisory boards. The Council asked the Board for a recomrtteMation regarding membership. The Board recommended a nine member board, seven City residents appointed by Council, one member nominated by the City of Lewisville and approved by the Denton City Council, one member nominated by the Denton County Commissioners and approved by the Denton City Coud-:0. All members would have voting privileges. A fixed based operator or an • • individual with a commercial lease at the Airport would not be allowed to serve. Rick Woolfolk, Chair-Airport Advisory Board, stated another choice would be to have a seven member board with one of the seven members from outside the City, The Airpor. was more regional in scope than just the City of Denton. The Board was trying to interface with other entities • City of Denton City Council Minutes October 7, 1997 Page 15 in the region for input. Council Member Beasley asked why the Board did not like the suggestion of advisory ex-officio members. Woolfolk stated that that would be no incentive to participate if an individual was not a voting member of the Board. I i~ Council Member Cochran stated that the original issue was that no other board allowed outside members. Many other boards dealt with regional issues such as Traffic Safety and the Planning and Zoning Commission, The membership of the Board was changed to accommodate a member a number of years ago. He felt there was a growing pool of individuals to save on this board. Council Member Young felt that ex-officio member would not be useful on the Board as they would not be able to vote. He motioned to adopt the Board's proposal. Motion died for a lack of a second. The following ordinance was considered: NO. 97-299 AN ORDWANCE AMENDING ORDINANCE NO. 87-112, ORDINANCE NO. 93.140, SECTION 3.2, AND SECTION 2-61 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON CREATING AN AIRPORT ADVISORY BOARD, TO ALLOW AN AIRPORT ADVISORY BOARD MEMBER WHO RESIDES OUTSIDE THE CITY OF DENTON TO CONTINUE TO SERVE THROUGH HIS PRESENT TERM; PRESCRIBING ADDITIONAL REQUIREMENTS; RATIFYING CERTAIN ACTIONS TAKEN; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Cochran seconded to approve the ordinance as prepared eliminating any references to three ex-officio members. Council Member Young stated that he would be voting against the motion as the Council should take the advice from the advisory board. r 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. 25. The Council considered nominations/appointments to the City's Boards and Commissions. E • i Council Member Young indicated that he had nominated Darlene Munger to the Animal Shelter Advisory Board. However, the person in that seat had to be involved in the daily operation of in animal facility and Ms. Munger did not fit into that category. He withdrew his nomination end would keep Ms. Munger's application on file for consideration at another position. . City of Denton City Council Minutes October 7, 1947 Page 16 26. Miseellmeous matters from the City Manager. City Manager Benavides reminded Council of the Open House for the renovated portion of City Hall next Tuesday plus the joint meeting with the D1SD at noon on Wednesday and the Special Called meeting at 5:00 pmL on Wednesday with the Panning and Zoning Commission as part of the' review of the Denton Developmast Pan. 27, New Business Council suggested the following items of New Business for future agenda. A. Council Member Young asked that speed limit signs be placed in the Willowcreek, Rood, Scott Street arm 27. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Opal Meetings Act 28. There was no official action on Closed Meeting items held under Section 351-071-551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned 11:45 p.m I I JACK MILLER, MAYOR CITY OF DENfON, TEXAS JENNIFER WALTERS CI'T'Y SECRETARY CITY OF DEMON, TEXAS • - w ~ ~ /e "i ~i x`12; . ~'d; ° r.°sjy lit f ~,yE~..f.{f ~ - Y ti ~ t . ~~flr,'~y .I/~.M1 M1 •it 1 .tr • • Agenda No Agenda Item Uate_ f~ a CITY Of DENTON, TEXAS MUNICIPAL BUILDING P DENTON, TEXAS 7620f s TELEPHONE (817) 566.8307 OASce of ft G'ty Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: December 2, 1997 SUBJECT: Request for Exception to the Noise Ordinance for a Christmas Party on Saturday, December 13, 1907. RECOMMENDATION: Approval of the requc~t for exception to the noise ordinance between the hours of 5:00 p.m. and 12:00 a.m. for the organization, ABATE, is recommended by staff. BACKGROUND: Mr. Fletcher Armstrong, Jr., representing the organization ABATE (American Bikers Aiming for Total Education), has requested that the City Council grant an exception to the noise ordinance for the use of amplified sound on Saturday, December 13. 1997 for their annual Christmas party. The Christmas party is scheduled to take place at the North Texas Fairgrounds between the hours of 5:00 p.m.- 12:00 a.m. (Attachment 1). The live band Hill play in the fair hall building from 8:00 p.m. until 12:00 a.m. Approximately 125 member and guests will be attending. ABATE recently assisted police with a toy drive and police representatives from that drive have been invited to attend also. As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10:00 pm. Monday through Saturday and anytime on Sunday (Attachment 2). The ordinance does, however, provide that the City Council may make exceptions when the public interest is served. The organizers have been informed that should Council approve this request, responsible • use of the amplified sound is still required by Section 20.1 of the City of Denton Code of • • Ordinances. In particular, Section 20-1 (a.) states: J I r j t4 ,Dedicated to Query Service 0 tit i i i a shall be unlawful for any person to mile or cruse &MY unreasonably loud, disturbin& unnecessary noise which causes a May cause material distress, discomfort(* injury to persons of ordinary :.ensbiI6n in the immodwe vicinity thereof. PROGRAMc DEPARTMENTS. OR GROUPS ECIED; Area residents. t FISCAL IMPACT! None. Please advise if I can provide additional information. t RESPECTFULLY SUBMITTED: Ted Bonavides City Manager Prepared byt Je fer Go dman Administrative Assistant 11 . 0 Attachtncnts: 1. l'equest :rom Mr. Fktcher Armstrong Jr. ~ 2. Noise Ordinance 3. Map of the Fairgrounds 1. • f~.,l'~r~,, _ill_f~si~{'7)rr~!«~ti.fi~tt~i_"'a1s 6'r~i.3+'uh _~_2b~~f,~?~.''r'4 .lr .~'~r.~i,,ui • { i Z RE q..!?5'~ ~ uDisE UI\Rt1.aiCti yob, _ - , 99 ` ~ .I D SC la ~ l'\`l'L - ~Ot.O .(rc -~~t_ l~s uRZ b Q_ \-l©C - ~tieb ~ u e.. v k .t /~'t t ~ /~~hT E ` 5 Kau i~f { LP JK V-41) A- %-J 'T> U-1- 0-> Ceuau►.5aoC) wt.K 1ti.e as♦~-Eati? t%Lll S. .aC.AE.to1J h+►b k*t~i titu•C~.i1 T tn~l ,l Let.~ui1~: ~uvt.9`~ 11,.a •rta.~ ou ~a0A<e4 au4 ; ARi`On~b~.ab C lu 1G _yu U d-4. l6 Lls• I :~-iVj kly Ismslts u 1 ; 3 9.07. - E> ica • _ s • { ~ ~ ~i~ ~ f 1 l r~1 ~ r' ai ~ ~ 9°~ A/ ~ ~ I l i p i ~ • - i Chapter 20 NUISANCES' Art. 1, In General. It 20.1-20.30 Art. 11. Abandoned Property, If 40.31-2(.70 , Div. 1. Gererally, 1140.31-20.40 Div. 2. Motor Vehicles, *1 20-41-20-70 Art. III, Gran and Weeds, If 40.71-20.7 ARTICLE 1. IN GENERAL Sec, 20.1. NOW. ,a) It shall be unlawful ror any person to mAee or cause any unreasonably laud, dis• turbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persona of ordinary sensibilities in the immediate vicinity thereof. 1b1 It shall be unlawful ror any person to make or cause any noise or much character, intensity and continued duration u to subetanlially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. ic1 The following acts, among others, are declared to be Woos nuisances It violation of this Code, but such enumeration shall not be deemed to be exclusive: i li The playing of any phonograph, television, radlo or any muskal Instrument In such manner or with such volume, particularly between the hours of 10:00 p m. and 7,00 a. m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen• sibilities In any dwelling, hotel or other type or resldenee; !21 The useof any stationary loudspeaker, ampl+iieror musical instrument in such manner or with such volume as to annoy or disturb persons or ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 10:00 p m. and 7,00 a.m„ or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday, provided, however,, at the city coumil may make exceptions upon • application whoa the public interest, +rillrbe served thereby; (3) The blowing of arty steam whistle attached to any stationary boller or the blowing or any other loud or rar•resching steam whistle within the city limits, except to give notice of the time to begin or stop work or as a warning of danger 14f The erection, excavation, demolition, alteration or repair work on any building at any time other than between the hours of 7:00 a.m, and 8:30 p.m., Monday through •C rem refmsvaces-Protected mlgratory bird roosts deel" nuisance, 1631; Inspection and abatement warrants, 119-94 at seq.; insect and rodent control in mobile boors and rec• remional vehicle parka, 1 32,91. 1369 lope. 2401 • • s mom on are 5 9K 6 OIL x 00 R ■ * i1■~~~ • . ■l4r did . r , a 81 & IN p ■R •n ' kiln mono mot- I V ! N:i . v .u • • dip *Ni I.~veSf act 'i~i ~ . ~ ~ ' ~ ■ Iffl 3' 1 ! 4 ~ 'I • I lei" y.6`b` Tidy- - MIMI Ir use ■ • JO ■ ' r we r.y~~■a+. L+i•s1■47.w■ as + 16w a ~ 4 0 in] i' f !..a Noise Zone - Denton Fairgrounds October 15. 1997 G.I.S. Engineering & Transportation Dept, Map Scala-1' tc 4M • • 1 ' 1'AN ALLIANCE DEDICATED TO THE PROTECTION OF THE INDIVIDUAL RIGHTS OF MOTORCYCLISTS THROUGH POLITICAL CHANGE AND AWARENESS. CHARiTASLE WORKS. AND POLK EDUCATION, AND TO THE PROMOTION OF MOTORCYCLING.' • PnTAataiE TO WE NTAM. MAO ASAIT COOMMIAT1011. W. ABATE began in the early 1970's when a mandatory helmet law was first introduced in the state of California. Easylkiders Magazine and a few supportive groups formed an organization which they called ABATE to fight that law. Since that time, ABATE groups have organized in over 36 states. ABATE also began In Texas Gr the 1970's and has reorganized tl•rer rimes since then, the West reorganization coming in 1990. At the present time, ABATE is incorporr,., . "exas under the Texas nonprofit Corporations Act as Texas Abate Confederation, Inc. The name "ABATE" was initially and abbreviation for "A Brotherhood Against Totalitarian Enactments." Since that time, various state organizations have also used "American Bikers Against Totalitarian Enactments" and "American Bikers Aiming Toward Education." However, in Texas, ABATE is NOT an lit IBI motorcyclists on a daily basis. abbreviation. Webster's Dictionary defines the word "abate" to mean "to make less in amount, degree, force, etc." or "to put a stop to; end." ABATE seeks to lessen government control of our personal lives; to put a stop to unreasonable and unfair motorcycle legislation; to end the discrimination experienced by ABATE is a political organization. The primary purpose of ABATE is to promote political and legislative awareness among its members. ABATE monitors activity lit the state legislature daily and reports back to it's members through the organizational newsletter, legislative bulletins, and when necessary and feasible, by phone. ABATE represents it's members at legislative hearings where motorcycle related Issues are being considered. ABATE works with other rights organizations to collect, process, and exchanged information which supports the views of it's members. Whether legislative actions threaten on the Stale or Federal level, ABATE keeps it's members inforned. And because ABATE is a "grass roots" organizations, ABATE encourages members and shows them how to participated in the political process 1 by getting involved at the local level. • While ABATES primary functions is political, it recognizes the importance of motorcycling's public image. Therefore, it supports a wide variety of charitable events as well as safety education and awareness programs for both riders and the drivino public. The State of Texas is a big as they come, and therefore, chapters have been formed in a number of locations around the state. Many members find that participation at the chapter level enables them to be better informed, more active in their communities. But chapter affiliations is not necessary. Motorcyclists • choosing to Join ABATE can join as Independents, or as chapter members. ♦ • As an ABATE member, you become part of one of the largest motorcyclists' rights groups in the slate of Texas. You will receive a membership card, and exclusive ABATE pin, a subscription to the quarterly newsletter, event fliers, and an invitation to the annual general membership meeting. For some ABATE members, motorcycling is a hobby. For some it is a sport. For others it is a lifestyle. For still others it is oniy a dream. As an ABATE member, you can help preserve that dream by supporting the organization which suppon3 preservation of your right as a motorcyclist and thedom of the road. all inroemelia ules aan, "rem ABATE CoiWwoUm OWdtbwk' Samd Mkik FdAwry 1991 • • Agerbt No. AquMo Ite Date-~ I , CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Davld Hill, Director of Planning and Development DATE. December 2, 1997 SUBJECT: Hold a public hearing and consider an ordinance to amend the detailed plan for 1.63 acres located in a Planned Development (PD-144) zoning district This tract is located on the east side of Bonnie Brae, north of Crescent and Is also known as 1160 N. Bonnie Brae. (Z-97-025) (The Planning and Zoning Commission recommends approval, 7-0). RECOMMENDATM. The Planning and Zoning Com rn{ssion recommended approval of the amended detailed plan (7-0) at its meeting on November 5,1997 with the condition that building number 2 be guttered the same as tKMing number 1. BACKOROUND: See Plaming and Zoning Commission Report PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. Please advise N I can provide additional Information. RES LY SUBMITTED, Svehla Deputy City Manager Prepared by: Do~na Bateman Senior Planning Technician Approved bby M, HNI Director Planning and Development Attachment 01: Planning and Zoning Comrr>iselon Report. Attachment 02: Drs1t Planning and Zoning Cornrnissbn Minutes from November 5, 1997. , Attachment N3: Draft Ordinance. • f I ~r~_, 1~ ~J '-;:iii • ~ <f .'t~~~~'~ 1;1 ~...t ~.''~~~'~~.FfWli~q ~ ~1}~5.•y~ ~,q ~A • r' ATTACHMENT 1 CITY COUNCIL PLANNING AND ZONING COMMISSION REPORT Publ2: PD-144 Detailed Plan Amendment Case Number. Z-97-025 : Donna Bateman, Senior Planning Technician V.&: December 2, 1997 GENERAL INFORMATION Applicant: Fred Gossett 600 S. Elm Street Denton, TX 76201 Owner: Marilyn Janke 1160 N. Bonnie Brae Denton, TX 76201 Action: Requests an amendment to the detailed plan for 1.63 acres located In a Planned Development (PD-144) zoning district to allow for the removal of one proposed building in exchange for an Increase in a proposed building. Location and Size: The subject property consists of a 1.63 acre tract located on the east side of Bonnie Brae, between Crescent and University Drive, Suffoundin Land Use end Zon1 : LOCATION ZONING LAND-= North: Single Family -10 Single Family Subdivision (SF-10) ( South: Office Conditioned Medical Office (0(c) - 30) East: Single Family - i0 Single Familyy Subdivision (SF-10) , West: Agricultural Agkunural • Denton Development Plan (ODP): low intensity Area # 11115 (54% allocated), , Z-97-025 Page 1 • • SPECIAL INFORMATION The property is platted as Lots 1 thru 3, Block 1, of the Janke Addition. Replatting the property will not be necessary to develop it as proposed. The requested amendment will have no significant Impact on transportation, drainage, water/wastewater, fire protection or electrical lines. BACKGROUND January,1969 = Property is zoned Single Famity-16 (SF-10) with adoption of the 1969 zoning map. January 21, 1991 d Property is rezoned from Single Family-10 (SF-10) to the Planned Development (PDA 44) district and approved a detailed plan for three medical office buildings. February 24, 1993 a Detailed Plan is amended to allow for a change In the building footprints, an Increase In the gross floor area for building #1 from 3,500 square feet to 4,800 square feet and amend the landscaping plan. Building #1 was bust. Buildings #2 (3,500 square feet) and #3 (3,000 square feel) were not built. Twenty four (24) property tamers were notified of the request on October 23, 1997. As of this writing, three reply forms have been returned In favor and none have been returned in opposition. The applicant geld a neighborhood meeting on October 29, 1997. The applicant, builder, city staff and two adjacent property owners were present at the meeting. No opposition was voiced. ANALYSIS The City Council, In a previous case, authorized the applicant to construct three buildings on the subject tract. At this time, the applicant Is requesting to remove one building from the detailed plan In exchange for an Increase in the remaining proposed building. One building currently exists on the site and Is the medical office for Dr. Janke, Section 35.136 of the Code of Ordinances, pertaining to Plan, ied Development Districts, states that one of three purposes must be met In order to prove that the proposed layout is superior to that of a straight zoning district: (1) Provides for a design of lots or buildings; Increased recreauun, common or open space for private or public use; bbims, greenbelt, trees, shrubs or other landscaping features; parking areas, street design or access, or other development plans, • amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplains, slopes or hills; or (3) Protects and preserves existing historical buildings, structures, features, or places. • The Commisalon found thai Item (1) above applies to this case. The proposed plan shows over • • fifty percent (50%) of landscaping in the streetyerd. This amount Is more than doubled the required landscaping, in addition, the proposal provides for open space whereas the previous plan did not. Z-97-M Page 2 • • Previous cases for this tract resulted in neighborhood opposition. Through these cases, the applicant has worked with the neighbors and addressed the concerns. The Commission found that the request complies with the polities of the Denton Development Plan. Section 35-151 of the Code of Ordinances requires that the following Information be shown on a detailed plan: ➢ Acreage. The acreago In the plan as shown by a survey, certified by a registered surveyor. Provided; total site acreage is 1.63 acres. ➢ Land Uses. Permitted uses, specified In detail as determined by the department, and the acreage for each use. Provided; permitted use is medical office with proposed open space. ➢ ONE site information. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site Improvements, as specified by the department, sufficient to demonstrate the relationship and compatiblllty of the district to the surrounding properties, uses, and facilities, Provided. D Troffk and transportstlon. The locatlon and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffc generated by the proposed uses. Provided; the curb cut remains as it currently exists, and a Val of 57 off-street parking spaces exceeds the 45 space minimum requirement. Buildings. The location, maximum height, and minimum setbacks for all buildings, and if nonresidential, the maximum total floor area. Provided. The total square footage of the proposed new one-story Wilding Is 6,6M square feet, which is equal to the total square footage of the previous detailed plan. Residential development The number, location, and dlmenclons of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density). • Not Applicable. D Water and drainage. The location of all creeks, ponds, lakes, floodplalns or other water retention or major drainage facllities and improvements. Provided. The new building should be guttered and stomwrater should be directed toward Bonnie Brae rather then toward neighboring homes. Utilities. The iocaHon and route of all major sewer, water, or electrical lines and facilities necessmry to serve the district. Provided, J-97-025 Pape 3 t • rye, , - ➢ Trees and landscaping. The location of all protected trees and a landscape plan as required by dw city's landscape ordinance. Provided. ➢ Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whather they are to be used for public or private use. Provided; open space is designated In place of the structure that was deleted from the previously approved detailed plan. ➢ Screening. The location, types, and size of all fences, berms, or screening features proposed between dMt mnt land uses or adjacent properties. Provided. ➢ Signs. Location, type, and size of all signs regulated by the city's sign ordinance. Provided; one existing sign will remain in place. No additional signs are proposed. D Sidewalks and bike paths. Sidewalks or other Improved ways for pedestrian or blcycN use. In front Provided; sidewalks currently exist akxV Bonnie Brae. A sidewalk is proposed of the main entrance to the building. RECOMMENDATION In order to remain consistent with the previous cases, the Planning and Zoning Commission recommends approval of this request (7-0) with the condition that building number two (the remaining proposed building) be guttered in a manner similar to building #1 in that water Is carried under ground and Into the dty's stormwater system. ALTERNATIVES 1. Deny the request. 2. Approve the request as submitted. 3. Approvo the request with other conditions. 4. Postpone consideration. ENCLOSURES: • f. Location Map. 2. Surrounding Zoning Exhibit. f 3. Existing Detailed Plan. 4. Proposed Detailed Plan. Z-97-025 Poe 4 Ft : 'a c 1 k i • _ 1~~~ ~r.._ 4.i ..i._~_L_. ~ s~_~_L'ti h~. S~ 111 s~~l ~Y~MA , C~1 ~ y,.~..M 'r4! i • ENCLOSURE 1 NORTH )7-025 PD-144 Amendment rwcc~a~ro - / ` l dLTI~I 1 5111 F ~srour L r rK ~ 3 ` Hwy. 380 ~ UN VERSITt D ST~ I~ ~r u O OY}1 ~i~-- 1 Is MEN cJ❑~ s o~ srrE oC 9 a Q a CRtPT R G PTLIK • W. OAK W. 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S r\a••~ - \s-i 1YM.1 wn Ms„ w r l .r wyl r ~ ~ ai rr. ....•••.r w r ~ I O~q~ 6 v 1 _ app r Jr r ; • r r r r • • ' r • • I r. PI. I *.•.-..I i I t \ O M M 1\ A\ ww`w~s- a I- Tp pp GRAM ,loom Y"lid • OWALM S= fall/\lIWr1/i~IMti~A1w. N~ / • l►-I MIy~ !~y}~ ' S ~~/1A,\~\/\\M{f1\~4\frMl/1~1/rl~ • • • • • • r • r • r YIm mom" arl~\~\/rIM\nw~~r\r~an\rr~rr rar\~\~~Y~+l~~•YI~MJY•`•..r..•. ~M•gewor• 1! .r~r.w.•r rrlr.~~r~.~r~ 1lMl PII~-V.AW rem , ~~rr rr r•.. r.rar.w•r ••n• 01x1 •AL • &me Ago" \NtT t oDETAZac PLAN AMEWOK'EKr I i ACR"CPH - LO ACRES I i • i • ATTACHMENT 2 Page 7 I I Does the Petitioner have any final mmuk37 1 increase the square footage the nncl the 2 MR BURR: Thank you. 2 square footage that was permitted in building F4..3, which 3 Ms sHEx72. Thank you 3 is the area in purple that you we. Ihat area would 4 Seeing no further remarks, I will close the 4 remain u open wax nova with this proposal. So as far as 5 public hearing and ask if staff has any final remarks? 5 square footage goes, no square footage would change u 6 MA. DOHALDSOY: 160. 1 would just like to 6 all. it would just be moved over and made into one 7 correct the staff report. As I mentioned, it started out 7 building. 8 on the consent agenda and the suggested motion reflects 8 Ali the information that's required to be 9 that So it ought to mud that you move to approve the 9 shown on the detailed plan has been shown, and I'll be 10 item rather than to approve the consent agenda. 10 happy to answer any questions that you have, 1 I Ms. smERT2:• Hunk you. I I Ms. $HaTz. Are there any questions? 12 if there's no further questions of staff, l 12 ]hank you for your pmsemadoa 13 would entertain a motion to approve. 13 At this time the Petitioner would like to ssy 14 Ma. AretS Madam Clair, I move to approve the 14 a few wads. 1 s preliminary plat of Lot 13t, Block 9 of OwskY Park bring a 15 • MR OOS m: Thank you, Madam CWrm L I'm 16 replat of lots I and 2. Block 9, of Owsley Park. 16 hem tonight to represent Dr. Janke. 17 M& sHERTL is there a second? 17 Ms. SHERTD Would you give your name and is MS. OAlrtEX Soeoad. 18 address. 19 Ms. smaz- Any discussion? 19 Mat 00SStTm: rm sorry. Fred Gossett, 600 20 Seeing Done, all in favor, phrase raiae your 20 Swett Elm. Denton, Texas. That's our business address. 21 hwkL Motion carries 6 to 0. 21 Ms. SHERIZ Thank You. 22 item No. rv. Hold a public hearing and make a 22 Mot 0OS6E T: As you have heard, a*811y 23 recommendation to the City Council regarding the amasdrnent 23 this wan planned for ihrx buildings. All we're asking to 24 to a detailed plan for 1.23 aaa located in the Plumed 24 do is to eliminate one or tloc buildings rod ebartge the 25 Development 144 zoning district The property is {orated 25 sire of btnUq No. 2. This more acconwdates the needs Page 6 Page 9 1 on the east side of Bonnie Brae between University Drive i or uses of this property than it did When we made the 2 and Cmsxat. 2 first original 10D request, which we really didn't know 3 I'll open the public haring, and ML Bateman 3 what we were Going them. In order to get it done, we Mal 4 will sort us, 4 to do something, Ltd that Was It. We have a potential 5 Ma. BATEMAN: Good evening, Madan hair, j user fa a good portion of building No. 2. And, as I 6 Members of the Commission. The request before you this 6 said, it doesn't dww the overall tro at all. 7 evening is for a little over I Ih acres. This was before 7 I want to be ss brief as I cars. However, I 8 the Commission it couple of years ago. As you can sea, the 8 would like to thank staff for helping us to redo this as 9 two properties that are two buildings that are 1jghtighted 9 quickly as they did It was caWnly rske of than to do 10 in orange that Nos. I and 2 am buildings No. 1 Is an 10 that I I existing building, No. 2 is a proposed building, and the 1 I We did have a neighborhood meeting. We Liked 12 purple eau is proposed as open space. 12 that the neighbors come in and we explained to than. Two 13 This property is already platted the )anke 13 of the neighbors aboved up. We had a nice moeting. They 14 Addition and it is developed, so this Will not need to be 14 tad questiou mostly about the question that they dad I s rcptatted We aaikd notku to 24 property owners and is Jut time, about drainage, And I WA that we aatwaod i6 have received three replies, all in favor, none in 16 their questions. to fact, we would Improve drainage in 11 opposition. I'd like to add that I did rwt put In the 17 the am by doing this. 18 staff report that a neighborhood meeting was held October 18 I : ally don't bave anything else to add 19 29th and went ray well, i9 unless one of you he questions for ma 20 As I had sold, in 194, the property was 20 x1s murz., Commissioner Goordie? • • 21 rezoned to plan development allowing for throe office 21 w. ootlRDre, 1just lave it question. Who's 22 buildings, 1, 2, and 3. No. 1 was built and Is currently 22 going to malntain the open area? 23 in use by Dr. Ianke. 23 ML OOaUIT. Wbo U VWftUlnI ng the Opp 24 Due to rirctvnstanxs, the doctor would Mm to 24 era? 25 ehutge up the proposal to build building No. 2 but 25 Ms 00M M Right. STOMLS & ASSOCIATES DENTON, TEXAS (117)%5-9797 Page 5 - Pop 8 V -011 ZID, i Coadwseitl PnPAvT age 9 i i I MIL comm. Well, actually, it's the owner's t buck" we don't arc, It's got to go that way- 2 Pr operty, so it is being maintained now. And, in fad, 2 Ms SHERn: With that ammdma+4 Commimiooa I one of the nioe comments that we got the other night in 3 Gann, would you Iike to amend your motor? 4 the neighborhood meeting was thanking the good doctor for 4 Ms. GANUL That the drainage go to the s keeping the weeds down, even in the ally. So that was one S stmt? So we don't need to even put an that that it 6 of the conuttecn4 that was made. It will be kept as partof 6 would be guttered so that the drainage would so to the 7 the project. 7 street? 8 MS. OOtMADIL Thank you, W. Gossett 8 MIL rowed. No. 1 don't think so. I don't 9 MS- sHERTZ Any othx questions? [just have 9 thL we need to tell diem bow to get the water to the 10 one. 10 street. I do think we treed to tell them that it Hoods 10 1 I Are you aware it Is the staff's reo0nUnC 0d&600 I I g0 to the street But if the gumeriug erns into the 12 that they're proposing guttering to that building? And 12 yards behind I% and, you know, we don't tally want that 17 you know about it and are satisfied? 13 But I don't think we need to say it exactly the way it's 14 MIL CossETn We're prepared to gutter it and 14 ald here because it aid the building has to be gutterUt is also move water W*Wouad until it gee to a position 15 if he sticks up g ZO, - meaning no offeror, 16 where it goes out into a drainage ace where it gas out I6 tir. I undero and what you're saying acl I undeMand 17 Into the start sewer. 17 what I'm tying - or what you aid. Excuse me. If he 18 MS SHERTZ May. It sotmds like the 18 puts say gu r%cM if be does exactly what it says berc, the 19 drainage Isstrc is being well-addressed. If there's no 19 gutters rum off the bows and it goes nowhere. Now, I 20 ftutha questions, thank you for your time. 20 know that he plans to p1A gutter into pipes SOL'* into 21 Ma om r Thank you. 21 the storm sewer, And this doesn't do anything about that 22 MS. SHERTL Is there anyone else in the 22 What the modo0 doesn't say u that - It just 25 audierKe that would like to speak in favor of the 23 Says Staters. Os if we say that - I move we ^ 1 nave we 24 petition? Anyone to speak In favorh 24 recommend approval of wbseeva with the motion that the 2s to there anyone to speak In opposition? Any 25 drainage from building No. 2 be designed to rum to the Page 10 Page 12 1 opposition? I front street Tim we've covered it, and we don't have to 2 Seeing none, would the Petitioner hive 2 worry about bow be gutters it It still hu to 80 thragh 3 anything else further to say? I city dedga 4 Thank you. I will chose the public hearing 4 MIL MOReHa Mr, Aoweil, if pm uncSmstanding s and ask if "T has any final MmWU? S you correctly, be could design It Ice such A way that the 6 MS. eATEMAN: In orda to say CO"ItcM with 6 wares could to to the street without gutter. 7 the remainder of khe concept plan, building 1 that was 7 YA tm t, Yea, tar, s approved, staff would recommend that building No. 2 also 8 MIL mom e And that's eo0trary 10 slaw 9 be guttered. 9 recommendation. 10 MS. SHERTL At this time I'm prepaed to 10 MIL POWEt.t., I understand that I understand I I cnterWn a motion. I I that that's contrary to wbN it says here. 1 don't think 12 Ms. wra& Madam Chatr, l move the approwl l t it is contrary to what staff is after. I'M net tryirtg to • 17 of Z•97.023 with the condidot that building No. 2 be 17 eliminate what they're after. I'm just trying to t dot 14 guttatd. 14 we don't bar to do it in I very tpeeif' is MS. APPLE Second, is they don't say as *14 about it goiq to the *wL f 16 M& sman. Any discussion? 16 They just say guua the btu'lding. W4 if the lot 1 t MIL rowEU rd like to amend the motion. 17 slopes backwards god you luster the but &M It doesn't lb MS. SHERTL• Yet, sir. 18 hip a bit Do you get ray paint? 19 MIL rowEtt: rd like to amend the mod" to It w. GAMM L I a yaw poia t • • • 20 ray that instead of guttkring that we say that the 20 MR CL. Madam Chair I 21 drainage be designed to ram to the street. Baause It we 21 YAW sltrarn AI& cult, if at we''d d rall %C w you would„ p~• 22 say guttering, we don't say what they're going to do wbW 22 MR Ctalut y 1 7m for it to do 27 it runs out 0f the gunner. 2I Is be adowd In a rystern taken into a storm sews and 24 if you say the drutkrage design to runt to the 24 not allowed to strfaW drain 10 it doesn't run a"* the 25 street, then If they, -AW it or If they arty it with 25 par" Iota oat into the rSred. And I'm not trylag to STOFFELS & ASSOCIATES DENTON, TEXAS (817)563-9797 Page 9 - Pegg 12 • Condenselt I m' Page 13 - age Is 1 disagree with you either. But what I'm trying to Say, we 1 if the motion needs to be made, excuse me. 2 don't want it to surface rkain. We want it to be pat into 2 MR powELL. Tbat's what we're here to 1 a pipe and taken to a storm WA= and not ran"into the 1 MA. G=hTT: We will take the water 4 street 4 underground to a point to where it drains out into the 5 Mx towr:LL. 1 urAcruand that. And I S pd4ng lot and goes Into a cards basin - bas's my 6 understand that that's whet he's expecting to do btcruse 6 expert back bere and that will take care of the water. 7 be said so when he was starling up hers. But that's not 7 Because shads been no water problems there since we did S what the motion says. I the project to begin with. 9 MA CtAAK: I'm jug trying to advise if 9 Ma. PMEL4 Just rippose that we were to word 10 you're going to state have it fin in the stray we'd like 10 a motion that would say that you would handle the drainage 1 I to state in an enclosed system umdaground or bewtver you l l from this building simile in desgn and constrtrctiom to 12 want to say. The enclosed system addresses that. We 11 the building already on the lot. 'flat would be fine? 13 don't want a surface drain- 13 )t0. G653M: Yes. 14 M0. 1'GWELL• That would be fine with me. The 14 MR. rowEtL• Now, would that be fine with 13 only thing I was worried about is it doesn't say that in 15 engineering? And that would seem to keep it simple, sod 16 the motion. All Is says Is you box to Install gutters. 16 it sears to do *sat we're meaning to do and nW what the 17 And if the lot's not sloped or if it's not piped, there's 17 were saying we wee doing here. 1I weeYto where it!iceafter that. is MA GGsarr. It's tmdersramdable to tn. We 19 Ms. sHEx7z Cornmiuiorkr Goodie, 19 know. That's free. Tfmk you 20 )is. G umr The building has to be guttered 20 MS sHFA'iz: Thank you. 21 to make the water go in a specific direction, so the 21 W. GANZEL So I will amend my motion that we 22 gutters be angled Into a closed-in pipe which will then be 22 recom rnend approval of 2.97.025 with the cooditice that 23 directed out into the stray So I think it should state 23 building No. 2 be guttered the sunk as building No. 1. 24 that the building should be guttered with &rcdicnal 24 )tee. PowELL. That's fine with me. 25 enclosed underground drainage to the street and disposed 25 Ms. "nE. Second Page 14 Page 16 1 or whatever. And, that way, the building is guttered, the l Ms. SHEM Any discussion? 2 water is being d'i=W into a pipe that will not be on 2 M0. tbweu., t would like to am& the 3 the surface. It will be later drained Into the strut 3 chairmum and the real of the board for having patkom 4 MS. GAMPL, Mr. Gossett, do YOU have anyth;mg 4 with me. 5 that you would like to address us about thi% caning back 5 W. SHERTL Seeing no discussion, all in 6 to it? 6 favor, please signify by raising your bud. 7 MR GG95E3'r: Only to say that the No. l 7 Motion carries unanimously 6 to 0. S building, when it was designed, was designed In this very I Item No. V. eoasider the removal of protected 9 tune manna. Water is gathered from the gutters, and it 9 tans in conjunction with Pecan Quit Tributary H 10 rums towards Bonnie Brae, which 4s to the west to drainage improvaant This will be presented by Mr. 11 Now, this lot does not slope to the back. It I I Clerk. 12 is built up In the back, and the din came from Bomnfe 12 MIL awxlt: Madam Omdf, Mambas of the • 13 Brac when they took the din out of Bonnie Brae. So, in 13 Commduion, this request is in conjunction with a M 14 fact, the Iot does not slope bsckwuds I mean, slope to 14 project. Ibis is the locatiee map that describes that 1 15 the houses at the ran of it So we plan to take the 15 It's very efese to the Phoenix Apartments and Mix and 16 water off in g'atten, direct it w4agrotmd until it 16 Tornas Rivera. 17 reaches an area when it can be flushed out In the puking 17 What we'd Me to regskat from you tonight is 11 lot into a retaining system whoa water runs into the is coeridcration of the rmnowl of )1 tram Tbls espital 19 storm sewer. 19 fmprovanents pmjed had to be woAervW as - you msY • 1 • 20 I-M sowaL: Mr. Oosxt% I'm ruamnins that 20 not be awns of, but we'd life to make are you sm ssvue the 21 that's what you're going to do, and I didn't man to 21 of this, Creeks of thwhkh you have is M DOW ~regudo a latedby anted the 22 Mc*te that you were going to do anything else, I lust 22 Corp of Engineer; 23 didn't see it written here. Here it only Said you had to 23 404 permit And, basically, they Call Ohl u+ pretty much 24 gutter. 24 how we need to design these project& lS Mx Gwm! It doesn't bother irk, I mean, 2s We origisully proposed a eanaete charted is STOFFELS do ASSOCIATES DENTON, TEXAS (817)565-9797 Pnes 13 - PW 16 i • I y/`,,,R~ y~/~ra~LNItM-irY14 ATTACHMENT 3 ORDINANCE NO. f it AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NOS. 92- 014 AND 93 -051 TO PROVIDE FOR A CHANGE IN THE DETAILED PLAN FOR PLANNED DEVELOPMENT (PD) NO, 144 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND IMPOSING A CONDITION FOR 1.63 ACRES OF LAND LOCATED ON THE EAST SIDE OF BONNIE BRAE, APPROXIMATELY 900 FEET SOUTH OF WEST UNIVERSITY DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Gossett Construction, Inc, on behalf of Dr. Marilyn Janke, has applied for an amendment to the detailed plan set forth in Ordinance 93-051 for 1.63 acrd of land in planned development (PD) No. 144 zoning district classification and use designation and agrees to the imposition of a condition for the district; and WHEREAS, on November 5, 1997, the Planning and Zoning Commission, after a public hearing, recommended approval of the requested changes; and ` WHEREAS, the City Council finds that the amended detailed plan will be in compliance with I` the Denton Development Plan; NOW THEREFORE i i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance Nos, 92-014 and 93-051, providing approval of a planned developme"t district for 1.63 acres of land as described therein, is hereby amended by approval of a revised detailed plan for planned development district No. 144, as described in said detailed plan attached hereto as Exhibit "A", incorporated herein by reference. The property therein described shall be constructed, used, and maintained in accordance with the approved detailed plan, and shall be subject to the following additional condition: I. The building identified as No. 2 on the detailed plan shall be guttered to allow for • stormwater runoff in the same manner as the building identified as No. I on the detailed plan i SECTI N IL That the provisions of this ordinance as they apply to the 1.63 acres shown in the detailed plan herein approved, shall govern and control over any conflicting provision of Ordinance Nos. 92-014 and 93-051, but all the provisions of Ordinance Nos. 92-014 and 93-051 as • they apply to that remaining portion of the district not herein amended, shall continue in force and • • effect and shall apply to the remainder of the district. SECTi0~I11. That a copy of this ordinance shall be attached to Ordinance Nos. 92.014 and 93.051, showing the amendment herein approved, k to wtwa vr: 11Ma-.'..~w- M - .ter. . ~..._r,. , 1 ~n1i/t44 ptwr,O{,~~fJ,9A'A1 V , . 1 SECTION IV. That any person violating any provision of this ordinance sW. upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. TU this ordinance shall become effective fourtan (14) days from the date of its pasuge, and the City Secretary is hereby directed to cause the caption of this ordinance to be published % vice in the Ddgon Record Chfordcle, the oTxW newspaper of the City of Denton, Texas, within ten (10) days of the date of its pasuge. PASSED AND APPROVED this th- day of , 1997. JACK MILLER, MAYOR V cATTEST: JENNIFER WALTERS, CITY SECRETARY f~ S APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ,lL! r~ Q C e1 i F , • , PAGE 2 y . i 2d , IF .k y n 1 z 7 t' + !aiaY~71PS. • • • M I \ • • a••w•I rarer 111\.•rs al-N 1 a~1 M Il • • ti0C• V. • YY aGr w + III \ • Pa•~ l:" - 1 aM~r1/tly~yp~. ~0.~M~ly~~M~pM4yw1 MI t' ~ C••YI iYlYli .d~A 1114'X i!~ ~a : ~ ~ y a 4JM a~nrl • wiw1M TOIN 0•IAa a•M. aW V, „ ii \ yyrl \I•J"4 - dt 11awM rYM _ { a Ia//R tl Ma MT/ • A rern rw I• w...... li rr •rrn -w w 1 ~3 •r CY FO - :•irv ales Owr11•ad 1 Imo. • r ~ ~ .r • w~ 1I1I w ~ M1 r AA•1 ~ ; r i • 1 . r 1 r I H , rrr.r yal rr • L ! . r MI~Ir rr r ~•~r~ r ' • 804 "Op D N A ®MALM v ~~i~r~rYwnr~wvr+a~ Mal ~!n~e•1~~Fm~j ~w~ww~~rrrar~arwr-r-~. MdPd~ 6M6 r PO N" " wpm wrarlr~r•rr•r~11.••~r•-ter •WaQr ~wr rrrl a•rw.a~lraw•rrrw.r om V*m •sl mom ILFO *LA% AMENDMENT OETAA R AC AGR~AGE - !41 ACR!• i R , Agenda Nti 9l -01V9 ' ORDINANCE NO, Agenda Item 7 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARD A, THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE E\TENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary, materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or sm ices 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 rTEM NUMBER -ND- VENDOR AMOUNT 2107 ALL WAUKESHA ELECTRIC SYSTEMS S445,939.00 SECTION If. 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 seniecs in accordance with the terms, specifications. standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 111. That should the City and persons submitting approved and accepted items. and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications. standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. R I 1 I L.. ~ • 1 r .fit . . , t I, 1 I L ' ♦ 5. r v .f j " 1. V u IN tltf .1 ^~r~ . SECTION IV. That by the acceptance approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLY.ORD i 1, i t 2 '.1 5.r.,,• e.-:, I'..',:~ ?~V~ 13.1 Y'~:~ ii~~ 1~ ~ -r Nv ♦ ~a~~~j:~ti ti~°l1'I 15', r ~t 7 ~ . . DATE: DECEMBER 2, 1997 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Kathy Du&se, Assistant City Manager 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 #2107 - POWER TRANSFORMER) RECOMMENDATION: We recommend this bid be awarded to the low bidder meeting specification, Waukesha Electric Systems, at a total cost of 5445,939.00. BACKGROVNDt This bid is for all labor and materials necessary in delivering to the Substation a 15NIVA 3-phase power transformer. This is a CIP project to expand the Locust Street Substation ; from two power transformers to three. Gro%mh in the area has increased and made this additional transformer necessary. Six bid proposals were received in response to thirty-three notices to bid mailed to prospective vendors. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric SubStations, Electric Uti'.ity Department, Electric Customers of the City of Denton. FISCAL IMPACT; Budgeted funds for 1998; account number 611-080-RR87-CL53-4117- CLS3001A. Attachments: Tabulation Sheet Memorandum/Evaluation from Ray Wells dated October 13, 1997 Respectfully submitted: se Kathy - Assistant City Manager of Finance Prepared bx: N; mc: Denise Harpool v t Senior Buyer Title: _ roved: L t L Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 74' Aar•.na 3 t • _ . _.-__:C~'^i, !u1. ,~/~YY'~~~~.: 'YF` ~f yyd"~,~t, y~~~f/: s~l .'~z~,~=F~J~l~'(~Ji.~ ~~r~. . . • r 1 i i 1 1 V - r HID N 7107 - DID NAME POWER TRANSFORMERS TEMPLE WAUKE•SHA DELTA KUHLMAN ROCKWELL PAt!11'F.Iti INC. ELECTRIC STAR ELECTRIC OPEN DATE OCTOBER7,1"7 M i QTY f DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR Vt.NMIR 1. 1EA 1 POWER TRANSFORMER i "ollu.00' $447,959.00 S419,371A0 $474,530.001 S.917A00.10 UN.4k4t.00 3 MANUFACTUERE GE WALK DELTA KUHLMAN N. AM PAUW F.LS TRANSFORMER LOSSES FOR EVALUATION N.L 17.40 13.51 I6.3 1).97 1430 7x.00 LOSSES 44.30 43.10 41.70 41.40 61.00 3530 TOTAL $9.90 $0.64 "60 7337 7330 7530 DE4JVERV 26 WEEKS +MAR1-APR90' 174.152 DAY'S 3MDAVS 3740 WEEKS SEPT9i a i ~ ~ i E i (f-'r < F 1' i "2.k`~ ~)~Yr`1rY k~~ ~t~ ~'2 ~ f}STl~.'1.1~4 1 , 11 CITYOF DENTON, TEXAS MEMORANDUM TO: Tom Shaw, Purchasing Agent Thru: Ray D. Wells, Superintendent Substations/Metering/Cemnunications From:, Daniel Scott, Foreman Substations DATE: October 13, 1997 SUBJECT: 15 MVA 3 Phase Power Transformer Bid # 2107 33 CE 363LCiCRiiti iiiilOiiiCi3 C3niLi CJi Li Pi:f iLin3C3Li a33Ei_Li Ei Ciii r ' After evaluating the bid, we recommend award to Waukesha Electric Systems for one 15 WA 3 Phase Power Transformer. The reason for recommendation of bid to Waukesha Electric Systems is low bid meeting specification. Waukesha Electric Systems will deliver F.O.B. Denton, Texas substation pad between March 1 and April 1, 1998. I recommend that we award the bid to Waukesha Electric Systems at a price of $445,939.00. Respondents were as follows: Temple Ina. $560,162.00 Waukesha Electric Systems $4450939.00 4 Delta Star $419,371.00 r Kuhlman $454,550.00 Rockwell $515,000.00 Pauwels $609,465.00 f 5 \ ~ a k~.~":- . 'C!hTl y.;►atr{~'•')3 ~ ~4Tittun'.^+ ~a~?~, t.t`a~l.c~ ~qs:1`.'~*.~.-,2.4 * ~'4~~~`'~(~.,lX k.fr?~jl~J~ ` Ir • . r~r.rwnl.n t'01tL'zfL.-. ~ Pape 2 BtD r: 2107 BID NAME: 13 MVA 3 PN48E POWER TRANSFORMER BID OPEN: October 7, 1997 EveW~ by. Daniel Scott - For an Substations Cost Evafaatfon Summary Table Temple Inc- WAUKE8KA DELTA STAR KUHLMAN ROCKWELL PAUWELS A 9 Base once $560,162.00 9445,93900 $410,371.00 $454.550.00 $515,000.00 5609,465,90 Energy Losses Cost $243,912,80 $233.762,06 $260,606.00 $300,82510 $307,436.00 3217,852, D0 Warranty Value Field InsWlation Cost Field Starks Cost Unloading Cost (4% FOB Penalty) $22,406.16 Tax Adjustment Tout Evaluali Coat $826,481.29 5694,721.08 $679,679,00 $761,376.20 $822,4.18,00 $927,317.00 Evaluation Factor { Temple kw. WAUKESHA MLTA STAR XUHUAAN ROCKWELL PAMELS A 8 Warranty pe.iod 5 yn s yn 3 ytt 5 yrs 5 rs 5 yrs Field assembly requiremoor" Yes Yes. Yes. yes yes yes CerUy Loss" reference Temp. $DC 75 C 75 C 7 15C 75C CeMy no bed loss", kw 13.40 13, S, 16.30 1195 14.50 20.00 Cerldy bad Loss", kw 44,50 4510 47.70 61.40 01.00 3150 Total loss", kw Q 15 WVA 59.90_ 88.64... _ 64.00 75,35 75.50 6160 ToW coding requirements, kw 1.6 1.5 1.8 16 7 1.2 Impedance In %at 15 MVA 7.6 7 7.8 9.5 7 7.8 Reactive Compensation Cost $29,250.00 328,260.00 _ 529,250 00 $35,625.00 $26.250 D0 __$29,2'50.00 Guaranteed date of delivery 26 reeks filar. 1• Aic1. 98 _154.182 Days 300 NO 3740 weeks Sept 96 Equipment Speofication Exceptions Load tap changer Non Compiant ComprwA COTOMM Compliant Compl ant Compliant Tank Non Compliant Compllar,t Compliant Complusnc ComplieM Non Ccmpr" Construdwn Non Compkant Compliant Non Corn p" Non Comprar,t Compliant Comp!;ant 18,3 Exper •nc• List Non CompWM Complant., Non Compliant Non Cori Compliant Compliant Vapor Phase Dryout Process Non Compfient .CMN'eri Novi Compliant Non Comps l Compliant Compliant ISO 9101 CertOK-Me Include Non Cwylisnt Compliant Non Compliant NonComptierd Compliant Compliant Under Evaluation of Bids Item 4. Regulator, 7.5% Max Non Co roW Compliant Compkant Non CompfieM Compliant Comotent t 1 i 6 I Page 3 Delta star ixception to Bid specification F. • Page Sr sec. 1A.10 The Contractor shall have a documented Quality Program, which am be made available to the Owner. The Contractor's Quality Program shall have been audited and registered as an I80 9001 level "ran. Verification of the Contractors Registration shall be provided with proposal. Dolts, Star has rovistered to beaoms ZOO and to in the pgooose of - Certltioatlm. • Page 6 lxperienoe List. Listing of units of similar size supplied to Vs customers, with contacts, in the previous 24 months shall be submitted with the Contractors Proposal. Listing shall be for units produced by the factory that would build the proposed unit. ixperienca in the design and production of units of this size will be a strong consideration when evaluating proposals. Delta star did not tarnis0 list. • Page 11 M sxtemd owtkh for do-owlIz9d Opwadw to sftw i. h( QhvOtbQs COIYfaCttQfl ad H Or 11! KV (paraMM Or aMaahaCCealbia from ground level, (not to exceed 60 inches above ground level.) Dolts star oars tszziaal board with Internal kaki. • Page 13 All core and coil assemblies shall be of circular cross sectional construction. RV and LV windings shall be of disc or helical design. All conductors shall be copper. Core and coil assembly shall be factory dried utilizing the vapor phase drying process. Power factor shall be 0.53 or less at the time of shipment. Arita star deer not otter this Dreesse. I t~ . ' " G 1 r i 7 f n 7 f i. . ...e -s~ 1~:e♦~4 f r r.l ~wi yA?'Yy~ lr it VV~k • • Aoendj No. 7-07 ORDINANCE NO. gAen4a item 7T C--p AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDAIX THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and I 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, oquipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 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 2117 1 DALLAS MACK 5123,753.34 2117 2 SOUTHWEST nMRNATIONL $ 83,275.00 2117 3 BRUCKNER'S MACK S 86,971.00 2117 4 DALLAS PETERBILT $110,459.00 SECTION II, That by the acceptance and approval of the above numbered items of the %bmilted bids, the City accepts the offer of the persona submitting the bids for such item and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. i SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreerncat 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 tk terms, conditiom, specifications, standards, quantities and • • specified sums contained in the Bid Proposal and related documents herein approved and accepted. 1 1 , " Olt - CECTION IV. Tbat by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds dherefor in the amount and in aeoordance with the approved bids or pursuant to a written contract made pummt thereto as authorized herein. SECTION Y. That this ordinance shall become eff=dve iuvnediateiy upon its passage and approval. PASSED AND APPROVED this day of .1997. JACK MILLER, MAYOR ATTEST: 7ENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLY.ORD 1 ~ 2 3, r DATE: DECEMBER 2, 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 MAMMALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID R 2117 - REFUSE TRUCKS - SIDE LOAD, FROM LOAD, REAR LOAD AND ROLL- OFF). RFCOMMENDAIION: We recom.nend each item of this bid be awarded to the lowest bidder meeting specification as listed below. Item # Descriptiog Supplier C2A 1 40 Cu. Yd. Runt Load Dallas Mack $123,753.34 (Unit consists of a Mack wxk/EZ Pak body) 2 25 Cu. Yd. Rear Load Southwest International $83,275.00 (Unit consists of an International trnck/Pak-Mor body) 3 Roll-off Container Truck Bruckner's Mack S86,971.00 (Unit consists of a Mack trucklG&H Roll-off frame) 4 30 Cu. Yd. Side Load Dallas PelerbiIt 5110.459.00 (Unit consists of a Peterbilt truck/Impac Sideload body) TOTAL AWARD 5402,674.34 BACK .ROUND: This bid is for the replacement of four refine trucks. Each unit is a Motor Pool replacement for a similar unit All were approved in the budget process. The old units will be sold at auction. Delivery of the new units is estimated to be from 190.240 days. PROGRAMS. DEPAR]rNIENTS OR GROUPS AFFECTED: Motor Pool, Fleet Senices Division and Solid Waste Department FISCAL INFACT: These new unitswile be purchased with Motor Pool funds and the Solid Waste Department will reimburse Motor Pool over a 36 month period. Attachments: Tabulation Shea i3 t „ • CITY COUNCIL REPORT DECEMBER 2, 1997 PAGE 2 OF 2 Respectfully submitted: Kathy DuBose Assistant City Mutager of Finance AMvod: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 9 KC AGMA - i I • 1 • 4 t 5u f~r ~ fi 2Y • #t=,, - 7 y -i ,Y, t 1 i " Y - F:.11 t ~",lr a tY ~ s ~3rY•ct4" " < Y! ~ ' + ~ ~ x '~y?~~Jt/ a E' h • BID 0 2117 BID NAME REF:JSE TRUCKS FRONT LOAD, SIDE LOAD, REAR LOAD i ROLLOFF DATE OCTOBER 30,1417 _ -L1~7F6 fl~flR~ii ~ SC1il.E- ' ORDER VERiDOR ` • ! L' PRME TRUCK CA8MR&31n3 REFUSE BODY 1 DALLAS MACK $123.753,,V. 1998 MACK EZ PAK 2 DALLAS MACK 5125.443.00 1999 MACK EZ PAK 3 DALLAS PETERBILT 51,260 10,00 1999 PETERBILT EZ PAK 4 LONE STAR TRUCK $126,874.00 1999 VOLVO EZ PAK 5 DALLAS MACK $127,229.00 1998 MACK PAK MOR 8 DALLAS MACK 5128,528.34 1998 MACK MCNEILUS 7 DALLAS MACK 5128 818.00 1999 MACK PAK MOR 8 MCNEILUS TRUCK 5128.900.00 1999 MACK MCNEILUS 9 LONE STAR TRUCK $128.913,001 VOLVO EZ PAK 10 VOLVO TRUCK/FT WORTH $129.824.00 1999 VOLVO EZ PAK 11 DALLAS PETERBILT $129.480.00 1999 PETERBILT BRIDGEPORT 12 LONE STAR TRUCK $130.100.00 1998 VOLVO BRIDGEPORT 13 DALLAS PETER8fLT !130.782,00 1999 PETERBILT MCNEILUS 14 DALLAS MACK $130,898.00 1998 MACK PAK MOR 15 LONE STAR TRUCK $13149800 1998 VOLVO MCNEILUS 16 DAL'.RS MACK 5132 585.00 1999 MACK PAK MOR 17 VOLVO TRUCK 1132.799.00 19'99 VOLVO BRIDGEPORT 18 DALLAS PETERBR.T 5133152.00 1999 PETERBILT PAK MOR STAR TRUCK $133238.00 1999 VOLVO BRIDGEPORT • 20 LONE STAR TRUCK $133.6U.00 1999 VOLVO MCNEILUS 21 MCNEILUS $138350.00 1999 MACK MCNEILUS 22 LONE STAR TRUCK $134,818.00 1996 VOLVO PAK KA )R 23 LONE STAR TRUCK :139855.00 1999 VOLVO PAK MOR ~ 24 LONF_ STAR TRUCK 5139 758,00 1998 VOLVO HEIL 25 LONE STAR TRUCK $141 795.00 1999 VOLVO HEIL 28 LONE STAR TRUCK 11128A1.00 1998 VOLVO LEACH 4 27 LONE STAR TRUCK $130,290.00 1999 VOLVO LEACH BIDS DID NOT INCLUDE ON 80ARD SCALE • °-•---n t ; BID 0 2117 BID NAME REFUSE TRUCKS-FRONT LOAD, SIDE LOAD, REAR LOAD 3 ROLLOFF DATE OCTOBER 30, 1"T ORDER ♦VENDOR'.'' 7dfMi,-;t` 'v'Pft TRUCKCABfCF1A1 :i REFUSE BODY 1 SOUTHWEST INTL. 583,275.00 1999INTL PAK MOR 2 LONE STAR TRUCK 588,727.00 1999 VOLVO LEACH 3 DALLAS PETERS rLT 588,953.00 1999 PETERBILT PAK MOR 4 LONE STAR TRUCK 590,682.00 1999 VOLVO MCNEILUS 5 LONE STAR TRUCK $91,902.00 1999 VOLVO PAK MOR 6 METRO FORD $92,500.00 1999 FORD PAK MOR BID 0 2117 BID NAME REFUSE TRUCKS-FRONT LOAD, SIDE LOAD, REAR LOAD 3 ROLLOFF DATE OCTOBER 30, IN? 1~►1,.3 r,s~li>~Q~:'f11tlC~._ . : t`.i'>W'f/QilNt3 :Z:~ ORDER VENDOR '~`+c" REfUSEBODV 1 BRUCKNER'S MACK 588,971.00 1998 MACK G d H 2 DALLAS MACK $88,865.00 1999 MACK GALBRLATH 3 DALLAS PETERBILT 590,595.00 1999 PETERBILT D & C 4 DALLAS MACK 590,738,00 1999 MACK GALBRIATH 5 DALLAS PETERBILT $92,706.00 1999 PETERBILT G & H 6 VOLVO TRUCK . $93,751.00 1999 VOLVO GALBRIATH 7 LONE STAR TRUCK 594,374.00 1999 VOLVO C ALBRIATH 8 LONE STAR TRUCK $98,113.00 1999 VOLVO G HH S 9 LONE STAR TRUCK $100,418.00 1999 VOLVO HOLT r 8100 2117 BIO NAME REFUSE TRUCKS-FRONT LOAD, SIDE LOAD, REAR LOAD i ROLLOFF DATE OCTOBER 30, 1997 • 4 1lEFM ThIICK 61EE LQAD.' e • • ORDER VENDOR te' MlICE.WAR0 ~r,`TRIJCXCAIIIJCHASW i tr REFUB[111100Y 1 DALLAS PETERBILT S`110,45900 1999 PETER84LT IMPAC 2 DALLAS PETERSILT 5113,444.00 1999 PETERBILT PAK MOR 3 LONE STAR TRUCK 5114,673.00 1999 VOLVO IMP AC 4 LONE STAR TRUCK 5117,658.00 1999 VOLVO PAK MOR 6 'pop • Agenda No. D - ORDINANCE NO. Agenda ltE/~rn-`7'~"--- , f7 a to A.\' ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERJALS, 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 la%v 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 Cowncil has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER No VENDOR 1 N 2118 ALL SOUTHWEST INTERNATIONAL $83.318.00 SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and t agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Imitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the N%ritten contract is in accordance with the terms, conditions, specifications, standards, quantities and sped lied sums contained in the Bid Proposal and related documents herein approved and accepted. i i S CTTON IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of .1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLY.ORD i r r z Y r' ~ x .T~^ ra:rr ~{1 ~ .~~'~ii~, ! ~ ~ r, iY>,~2 ♦ ~w' ✓ 'ter ~ f5, :J ~ }'Jf { rr~V . ...r. KA94461Pad w.r.+~.~.. ~+-r~+~..~.~_... yr ~_r... ...mow-.•~_~., ~..U ~•f DATE: DECEMBER 2, 1997 ~(TV (1 JN 21L EFORT TO: Mayor and Members of the City Council FRObf: Kathy DuBose, Assistant City Manager 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 # 2118 - 2 PERSON AERIAL DEVICE) 1 : We recommend this bid be awarded to the lowest bidder meeting specifications. Sout west internationa , to the amount of 5101,318 less $18,000 trade-in of old unit for a total bid of 583,318. Eil~ EC - sfa This bid is for the purchase of a two person 55' aerial device (bucket truck) to replace a Simi ar unit pure sed in 1986 and no longer economical to maintain or to be depended upon as a frontline unit The lower price offered by UEC fails to meet specifications in areas considered critical by the Fleet Services Division and the Electric DistnUtion Division i.e. round boom vs rectangular boom, cabierfiberglass leveling system vs chain/fiberglass leveling system ana closed hydraulic system vs open hydraulic system. • Motor Pool, Fleet Services, and Electric ism utioo rvtsion. t1PACT: This unit will be purchased from Motor Pool Replacement funds account # 720-025- Attachment: Tabulation Sheet Respectfully submitted: Kith o Assistant Ci Manager of Finance Ap roved: Name: Tom aw. . Title: Purchasing Agent r 3 C1A .A , 1 / '..'•i Y'T E}~tS~1M3~{ ~~~,~RS Rr f • r~ ~ lei ~:,r 'I; t ~__.._-:-s_~_._.,. ~ 'i: ",i~ Z.l'GiF~j~•i'_.~ Y, .-•r~( ~:'~+tc1~.f'Ct~ 4C, rL ~ ~,l ~K~}j~~~~,~L. t t 1r ~R i7~k . 1. .t 1 T° r . BID 0 2111 - - BID NAME :PERSON AERIAL DEVICE S.W. CO)IMERCI.AL .ALTEC CEC INTL. ■ODY LID. OPEN DATE OCTOBER ]61997 QTY :DE5CICIPTIOY: s.VLrDOR VENDOR VENDOR" VLNJDOR L BUCKET TRUCK COMPLETE UNIT , CONSISTING OF - A. y2,N1 GS'N' CAB/CHASSIS 3111,111:01 5I6SAJ9.00 SI/IAII.M S".544.00 B, 2-MAN AERIAL DEN TCE'~~ . C. L'TILFTV BODA' TRt CK CIIASSIs MANE INTL FORD INTL INTL MODEL - AERIAL DEA'ICE MAKE ALTEC TERN .ALTEC LIFT ALL MODEL AA755 SIC-55 %A755 UTILITY BODY (EC SAKE ALTEC TERN ALTEC MODEL 2. 'TRADE IS FOR EXISTING UNIT Ito AWN MAN." SIS.0N.1! SISM.N y. -OUTRICIIT PURCHASE OF EXISTING No No (NIT N'ITIITRADE SS33[a0# $91A."M SlIM11.00 341,14310 DEI.IA'ER14 IN-211 1 U-1 t1 190.211 211.171 1 ; - , r,;.l.✓ i4~.:'' • i ,,,•~`'`'~(>j i 4~,...y. ~"'~i~~' fit~~W~'~~;~j^."ji. 'Ur'tf\ Agenda No. 7-, Q ORDINANCE NO. Agenda hem D Date AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CO FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVMING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law• and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 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 responsibk bids for such items: BID ITEM NUMBER -N-Q_ YENDO AMOUNT 2120 ALL WITCH EQUIPMENT CO. S 49,623.S5 SECTION I . 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 Ili. That should the City and persons submitting approved and accepted items • and of the submitted bids wish to enter into a formal written agreement os 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 n ritten 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 • • • 1 . SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of -11997. h JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY F BY: SUPPLY ORD r. z { k • ..y '.r, 21 s - I i IPA a, I DATE: DECEMBER 2, 1997 C17FY COUNCII. 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, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID # 2120-TRENCHER AND TRAILER) ♦ ♦ 'V: We recommend Bid # 2120 for an 80 horse power, 4 wheel drive, diesel powered trenching machine a 11, 00 Lb. Capacity tandem trailer be awarded to the lowest bidder Witch Equipment Co., in the amount of 544,698.06 for the trencher and 54,925.50 for the trailer. The total bid award is 549,623.56. ~i The purchase of this trenching wait and trailer will allow for the retirement of a 19SS unit no onger economical to maintain. The new trencher/trailer is a motor pool replacement for a similar unit assigned to the Electric Distribution Division for underground construction and maintenance activities. The old trencher will be sold at public auction and the trailer reassigned. MS. DEPARTMENTS OR GROUPS AFFZCTED* Fleet Operations and Electric Distribution ivision. i FISCAL. IMPACT: This purchase will be funded from Motor Pool replacement and 1997-98 budget funds 720-025-0584.9104 $29,022.23 Motor Pool 610.103.1031.3720-9230 INA 1.31 19,97 - 98 Budget Total 6 Attachment: Tabulation Sheet Respectfully submitted: al s~ Assistant CIaManager of Finance h - • Approved: . i Name: Toni D. Shaw, C.P.M. Title: Purchasing Agent f64,ACtNDq t ~ • p! ' • - }rl ~ • ~ r '.d ai' }'i tt ~ s?~. +~'lf.x~~~ll' f BID M 1120 BID NAME TRENCHER & TRAILER VERMEER WITCH FUTVRE NO BID EQUIPMENT EQUIP. EQUIP RESPONSES OPENDATE OCTOBER 30. 1997 DARR EQUIP 0 _Qn-,_---- DESCRIPTION ------------VENDOR----- VENDOR VFWDOR ZIMMER 1. 1 TRENCHER N.10911 S"A9L0f S"N7d0 KUBOTA MAKE VERlr'EER DITCH W CASE MODEL 118101 761IM710 I61 DELIVERY-__----__ DAY'S _ 30 DAYS - - 120 DAYS L I TRAILER S4.037.11 S4MS.50 56.997.10 MAKE READY CUSTOM MODEL T162EP FSLI6HD 77212EDDOW DELIVERY 31 DAYS 36 DAYS 6661 DAYS 3. TRADE-IN IF EXISTING CITY UNIT MAN.* NS S6.L11.16 ` i. OUTRIGHT PURCHASE CITV UNIT NB NB AUTO CREEP ~$1250.06 REAR STEERING AXLE } 1 l s , N`-' r 4 .4, MIA, 5'•=~ J ~P}-..K:~ _K~,. / ~~T ~i 1, s~~ y-~=~C? f frC, r ~ • i Agenda Ne.. _27 - L) 49 ORDINANCE NO. Apenda Item AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDINNC THE PURCHASE OF MATERIALS, EQUIPMENT. SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE i DATE, WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance kith 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 es shown in the "Bid Proposals" submitted therefore: and WIiEREAS, the City Council has provided :n the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials. equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2112 1 CLEMONS TRACTOR COMPANY $122,087.02 2122 2 DARR EQUIPMENT COMPANY S400,158.00 2122 3 FUTURE EQUIPMENT CO, INC. S125,861.00 SECTION U. 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. fff , ' 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 th- terms, conditions. specifications. standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. ` v f{ , i r r SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids. the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1991, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: - APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLY.ORD - ' i , } z ' - -r - y '.S,- . M.'6 DATE: DECEMBER 2, 1997 CITY'CO[•NCM 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, SUPPLIES OR SERVICES: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. (BID # 2122 - EXCAVATOR, SCRAPER AND :MOTOR GRADER) RECOMMENDATION: We recomn -nd this bid be awarded to the lowest bidders as listed below: ITEM i QTY DESCRIPTION SUPPLIER PRICE TOTAL L HYDRAULIC EXCAVATOR CLEMONS TRACTOR CO. 5122,067.02 5122.087.02 2. 1 SCRAPER. SELF LOADING DARR EQUIPMENT CO. 5416,158.00 LESSTR 9E-IN0F86'UNff •SIS,00000 5400,I$A.00 J. I MOTOR GRADER FUTURE EQUIPMENT CO., INC. S125,S61,00 5123,661.00 TOTAL 5641,106 02 This bid is for the purchase of heavy equipment to be utilized in the Drainage Division and an I pcrattons Division. The Hydraulic Excavatorls a fleet addition for the Dninaae Division. The Self Loading Scraper and Motor Grader are motor pool replacements for the Landfill. The 1986 John Deer 8628 Scraper is 10 years old and no longer economical to maintain. We are recommending that the two 1962 Caterpillar Motor Graders (Bid Item 3A and 3B) be retained and sold at public auction. The purchase of this equipment was approved in the budget process. PRO9'AhISn. . DEPARTMENTS ORfZROiIPS AFFECTED: Drainage Division and Landfill Operations ISivisto 1 • All three unis will be funded from Motor Pool capital equipment account number 720• s; Attachment: Tabulation Sheet Respectfully submitted: • at I Assistant Ci Manager of Finance Approved: u • Title: Purchasing Agent • • 960.A.ENCa ~ • '~'i ,t • ;,t,~"~-, li S G~' I>1t r M1f''j'.'-{' .~.~,T-~^.,~: }..i ,Ya ti~+, ~._.i ,7'~~y • r BID 0 2125 j SIDNAME EXCAVATOR SCRAPER AND KIRKPATRICK, CLEMONS AIS HOWARD RDO DARR WIVRE MOTOR GRADER O'DONNELL TRACTOR CONT. MC%NEAR EQUIP EQUIP EQCiIP i OPEN DATE OCTOBER 30, 1 R I QTY DESCRIPTION' ' VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR A'FNDOR I. I f HYDRAULICE%CAVAT(A $132.3?0.10, SI22,41V02, S144,6W.00 NO 5112613.6b' $160,1$7.00 S136107.00 MAKE LINKBELT KOBELCO I KUMATSU j NB SOFINDEER~ CAT ('ASE MODEL 210111 Q i SK LCi NB 120E1 l 10306 DELIYLRY ARO 20 DAYS f W DAYS 30 DAPS NB DAY'S DEC 1 120 D.AV'S L I SCRAPER, SELF-LOADING 23 CU Y13 Slit i5! 00 MAKE NB NO N13 NO NB CAT NB MODEL NB NO 4 NB NB NB 613F NB DELIVERYARO NB NB NO NB NB FEN 91 NB 2A. TRADE IN OFFER FOR CITY OF ' DEVTON UNIT 16 JOHN DEERE 8629SNT01621X729535 N7 j NB 6411 NB l NO $11000.00 N'B e 21L OUTRIGHT PURCHASE OF IA ABOVE NO NB NB $JOA B." NB NB NB 3. 1 MOTORGRADER 5111.572,63 $156,641.00 S12UI61.00 MAKE NB NB NB NB JOAN DEER CAT CHAMP MODEL NO NO NB NB 770CH IIOISVIIP 7"A TRADE IN OFF FORCITO' UNIT NO ~ Ni ~ NB NB ; • JA. 1%2 CATERPILLAR DI2SN1-99£1116 NB NB NB NB ' $40.10; 13".00 521400.00 3B. 1%2 CATERPILLARDI2SN1-99L5292 f NB NB NB NO 15701.00 54,000.00 $140.00 i • • 3C. OUIRIGIIIPURCHASEOF CIFVUNIT 1%S CATERPILLAR D12 SN 1-"E49% NB NO NB f,1W.W NB NB NB I I 1%2 CATERPILLAR 1312SN1.99Fi292 NB j NO NO $1291.W; NB No NB i NO BID RUPON SFS MARTIN EQl'IPMI-.N7 7JMMFRF.R KI'BOTA • Agenda No. 7 9 ORDINANCE NO. Agenda Item! Ralt AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipmen% 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, TH E 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 YUhiBER NO VENDO AMOUNT 2125 ALL CANADA POWER PRODUCTS S 15,900.00 c/o PREFERRED SALES AGENCY SECTION It. 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. i • SECT[ON II1. 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 hranager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the ritten contract is in accordance with the terms conditions, spec„ications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 1 r . , - A .t - - t . n lr . a ,!l n- ~Y~ SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Councit hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and ' approval. PASSED AND APPROVED this day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLY,ORD r x 6 Al. 2 - ~ . .___^•.'..M.a: .':}lli' ~;+;-i%-a `,~(:.:~~5: iy. i..,. fN`'~ij`l ,Y'^FY' rY"`ri +i. i r DATE: DECEMBER 2,1997 ; E CITY COUNCIL REPORT TO; Mayor and Members of the City Council FRO,Mt Kathy DuBose, Assistant City Manager 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; ARD PROVIDING FOR AN EFFECTIVE DATE (BID # 2125- VACUUM SWITCHES) 1 We recommend this bid be awarded to the Iowest bidder, Canada Power Pro acts, c!o re erre ales Agency, in the amount of S7,950.00 each for a total award Sl 5,900.00 ROUND: This bid is for the purchase of two three-phase gang operated vacuum lmitch,;s mtend or automated electrical system su7tching both remotely an&or manually. The switches mill be installed at the Peterbilt plant and Peterbilt will reimburse all costs associated With the project. PROG ID Electric VIdering, Substation Division, and t etc t t p ant. These switches will be purchased from 1997/98 budget funds for Capital improvements to t electric system. Peterbilt will reimburse the City for all "penses. Attachment: Tabulation Sheet Respoctfully submitted: S u o Assistan i Manager of Finance B 'k • Approved: Name: Tom w, M,7- Title; Purchasing Agent t 045 . AGENDA I[ • - a i ~ , .,rt `4i,v ..'r', ; w•;✓'44r fft~~.j ti~ :".1 ` 1{ Jr 1111,4`S~1+r~,~,~~~"Y1~\-i ~'r`ff i:r3 ~~`~~~~4 >~~1K. J gar r, BID M 2125 CANAIIA POWER j BIDNAME VACUUM SWITCHES PRIESTER I PRIFSTER PACIFIC JOSYLN PRODUCTS 1 SUPPLY SUPPLY BREAKER HI-VOLTACC GO 'OPEN DATE NOVEMBER 4, 1"7 SYSTEMS CORP PREFERRED f SA I. FA it QTY DESCFUP110N VENDOR VENDOR ` VENDOR VENDOR II VENDOR I. 2 EA ~ THREE PHASE,CAHG OPERATED ~ VACUUM SWITCH SISSNM S6MEiB SI2,~7SN SIB~Ti1i S7,9V.ee 1 EACH EACH EACH EACH EACH 1 TOTAL S3i'mos~ 517,M.M'' S25,fSPM~ f21,lS2.M 5159011.09 f I i MANUFACTURER COOPER I COOPER YASKAWA JOSYLN I CANADA POWER POWER ELECTRIC POWER f i I e DELIVERY A.R.O. 12 WEEKS 12 WEEKS ! 12 WEEKS i 112 WEEKS 12-14 WEEKS f ~ F f r I z 1 q~ - _ , "'..G't , a~,~t_'~R~"+P {I 4~~~~+7~.'~•.Y`b:K~`::M~'~;~,R a~~1 ~~tS~Y~ }Z•~'~~ r AtJurtle Ho. - Item ORDINANCE NO. AOen!Ai Date AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CTHE 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 forthe purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City !Tanager 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 prodded 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, TILE 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 NIUMBER NO VENDOR ANJOL-N 2129 ALL MUNICIPAL SF.RVICFS BUREAU(I\ISB) EXHIBIT A SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Imitations. Bid Proposals, and related documents. y SECTION Ill. That should the City and persons submitting approved and accepted items • and of the submitted bids wish to enter into a formal xritlen agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative 1 is hereby authorized to execute the written contract which shall be attached hereto; provided that the u ntten 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 T r SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. ;hat this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of _ , 1497. JACK MILLER. MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B Y: APPROVED AS TO LEGAL FOR : HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPMORD a 0 4 1 2 V '171 • s i« r, ~r, N~:' ~ fix.' ~ Wilk", In r i i i 7x } r „ .-f ~.>.:"L1 \Y,./,ti~1,VV,...rr~J..~... .~.-~.~a.r~.rr+ "y..r BID r 21St BID NAME BILLING AND COLLECTION' OF WMUPA6 - AMBULANCE FEES SERM7CES BL'REAV OPEN DATE N'MEMDER M W (MSB) EXHIBIT A ' - IY DE9CRhmN vE,YDOR : - I. Y. BILLING COMM''SATIOYp7LL BE A FINED PERCENTAGE OF FEES $I*% COLLECTED. COLLECTED - L _!L BAD DEBT COLLECTM COMPENSATION IML BE A FLCED 1!0% PERCENTAGE OF FEES COLI7;CTED COLLECTED - 1 r 1 3 ;t "i;~ r ii~+,~t*ynl :E`~~rr"t1✓J~+ s~ S~\~'f 4 h, i ' DATE: DECEMBER 2, 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 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 #2129 - BILLING AND COLLECTION OF AMBULANCE FEES) N Yo We recommend this bid be awarded to the lowest bidder, Municipal Services Bureau ( ) at the rate o /a of fees collected and 8.9'/. of bad debt collected. Our estimated expenditure is approximately S31,000.00 per year. ,ND- This bid is for the billing and collection of ambulance fees and also for collection of any ad debt rcsuhing from non-payment of ambulance fees. The EMIT collects billing information, (type of payment such as insurance. etc.. and transport and supply costs). Those charges are entered into a computer, and downloaded weekly, by diskette, to Customer Mice for billing. The charges are coded to bill by categories; Medicare, Medicaid. Private Insurance and Self-pays. This information is sent to the contractor for billing. After 30 days uncollected balances are transferred over to the contractor collection services as per terms and conditions of contracts attached. PRO .RA1It. DEPARTMENTS OR GROUPS AFFECTED; ENSS Division of Fire Department and Cus;omcr Service. FISCAL INI PAM . ThL• a a self-funded contract. The contractors payment is directly related to the revenue generate . The payment it billing and collection service will come from 1997,98 budget funds revenue account N 100.3067. Attachment: Tabulation Sbeet Respectfully submitted: J asz ~ at u Assistant it Manager of Finance APprv%cd: amr om Shaw. Title: Purchasing Agent • s,: ;,,azra 4 _ -......___:r_ ?+F b . 1 t •.1 ~ ~ `yj . .',l '•','.:a.% • ...~5~ 4 iY.t .3a~-.^b~~Li ~in r-li~~ Y.~S~;I ~iL~, ~i ~l .l i tjE~~t9~r BID M 213! all) NWE BILLLNGA.\DCOLLECTIONOF NFUNIMAL TEXAS LI VILSIF1ED AMBI'LANCE FEES SERVICES MEDICAL RlD11V%SEMLNT - - - BUREAU DATA S15TLNI OPEN DATE NOILHBER lx 1"7 (mm simM MC. 0 OTY DESCRIPTIONS .,'..VFIrbOR ''.MDOA 1'6i'DOR ` ' 1. BILLING CO>IPENSATION %ILL BE AFLCED►ERCE.NTAGEOinLs 9.60% 19% 19% . COLLECTED. COLLECTED COLLECTED 2. X BAD UEBT COLLECTORS . COSIPENSATIOV WILL BE A FIXED S.W% !B% PERCENTAGE OF FEES COLLECTED COLLECTED COLLECTED ',L r Agenda Nt,. 9-04/ Agenda Item Date___ d ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited. received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as descnbed in the "Bid Imitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID iNL MBER CONTRACTOR AMOUN 2080 DBR CONSTRUCTION S53.327.00 SECTION IL That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certiocate after notification of the award of the bid, • SECTION 11E. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance ' with the bids accepted and approved herein, provided that such contracts arc made in accordance w ith the Notice to Bidders and Bid Proposals. and documents relating thereto specifying the terms, conditions, plans and specifications, standards. quantities and specified sums contained therein. t 1 ,r I t SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvenmts 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 conitacis executed pursuant thereto. SEC PION V. 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 B Y: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i 2 • I' 4i NO ✓ k ~ .•S, ~l' • t~ y ~ i t.~i~~r(~y ~ys''at..~~1' I.~l ~x~ .~r ~ ~ `l_~ ,il)+~J,~E{ 'f.a ~ 1 i' • r•~r rwn..,i._~a~8`'tity 1 .;j.. y r'~i+a r r l•l _Vn 014 ~,iij s DATE; DECEMBER 2, 1997 CITY COUNCIL REPORT CO: Mayor and Members of the City Council FROM: Kathy DuBose, Executive Director of Finance SUBJECT: AN ORDINANCE ACCEPTLNG COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR L\TROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID H 2080 - COMMUNITY SIDEWALKS - WEST SIDE. OF BOLIVAR STREET) \ \ We recommend this bid be awarded to the lowest responsible bidder. DBR onstructton, tot a amount of 553,327.00. I♦ This bid is for the construction of 4' concrete sidewalks along the west side of Bolivar treet m niversity Drive to PearnV. btcKinney. The bid includes removal of old concrete sidewalks and driveways with some curb/gutter included, barricades, new sidewalks, driveway and curb/gutter, and hydro mulch of effected areas. The lower price offered b H & J Construction is being considered a non-responsible response and, therefore, not recorr vended for award. H & J Construction was 97 days over due on Sequoia Paek Side val Repair, and 28 days over due on South Central Sidewalk Replacement. The Evem Park CancessioMRestroom project is over three months over due and indications are that subcontractors are riot being paid. Discussions concerning completion of this project by their bonding company are currently taking p?ace. We also understand they have not completed required documents for CDBG funded projects. rest fet NIS OR GROUPS AFFECrFn Engineering Division, CDBG Division and cots aong i,.rvar trc. FISCAL IMPACT: This to a CDBG ffmded project account N 219-05A-CDAB-8502. Attachment: Tabulation Sheet Respectfully submitted: i i Kathy i Executive hector of Finance F i ~ Approvedi. , • , ame: om aw, Title: Purchasing Agent f6d,~~E':CA ~l 3 i ~ 4=Ti`n _'i;4, _ z, BID k 2060 BID NAME COMMUNITY SIDEWALKS - WEST H A J FLOYD DBR SIDE OF BOLIVAR . CONST. SMITH CONST. OPEN DATE 6.7.97 M QTY DESCRIPTION VENDOR VENDOR VENDOR TOTAL BID AWARD 549,313.00 S53AK95 $53,327.00 BID BOND YES YES YES 4 - • . , . ti ~ -t. J I7"4 6 • • Agenda No- Agenda Item Oate ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDitr'G 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 Kith the procedures of STATE law and City ordinances; and WHEREAS. the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid 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 Imitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned herelo, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CVTRACTOR AMOUNT 2124 PAVEMENT SPECIALISTS, INC. S53.740.00 SECTION il. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written 1 contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 111. That the City M, eager is hereby authorized to execute all necessary written contracts for the performance of the cons,ruction of the public works or improvements in accordance w ith the bids accepted and approved herein, provided that such contracts are made in accordance w Ah the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions. plans and specifications, standards, quantities and specified sums contained therein. _ v ~ SECTION IV. That upon acceptance and approval of the above compe c: ; e bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the arnount as specified in such approved bids and authorized contracts executed pursuant thereto. SEC11ON V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1997. t JACK,MILLER. MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B1': APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Bl': tf ; k 2 • _ i1 it ty' r;~a ~ x I ' - r f .J n v. i ~r _ 1 7 ..z ~KZ /yaek` :~t'.i :.a ,"»ti„4 `•'t l~t. feyyV"~^.7F4.~y~'r`~,,T.~~~~.Sks~jJ• 1 ~ • DATE: DECEMBER 2, 1997 i CITY COFTNCIL 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, SUPPLIES OR SERVICES: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID M 2124-CRACK SEALING OF STREETS). REC M \ \ N: We recommend this bid be awarded to the lowest bidder, Pavement Specialists, Inc., in the amount to 53,740.00. )~,aCtiGRO M. This bid is for the necessary equipment, labor, barricades and materials for application of crack sea ant on City streets in forty-five specific job locations (list attached). AppIiusion of this matenal extends the life of asphalt street by preventing water penetration. `York is to be completed within 35 days after notice to proceed. PROG~ ~D£PART~IENTS OR GROUPS AFFECTED: Street maintenance progran, Street Department ngineering an resi ents in project areas. FISCAL IMPACT: Funds for this project will come from the 1997x'98 budget for maintenance of city streets accountp I -020-0031.8303. Attachments: Tabulation Sheet Project Location Listing Respe IfulIy submitted: SG u Kai DBcSe Assista y Manager of Finance Approved: • Name: Tom D. Show, C.P:NT- Title: Purchasing Agent , D6D .;,.EaD,I - r / a _ 3 ri i ; • + r r,Y [.}rt' Z l ~i ♦ I= L;I _ - stL+_!.-r~. -DUNA i......_a'C.L:a..ur-..~r~.~rr rn~rrui~....~. r---~-.~_~~~w~ - •_ri.~.~~~r~._--.-~-r-. 2124 CRACK SEALING OF STREETS CURTCO BAUM PAVEMENT PAGE 1 OF 2 INC. CONST SPECIALISTS NOVEMBER 6, 1997 CO INC M DESCRIPTION VENDOR VENDOR VENDOR GRAND TOTAL 563,222.00 562000.00 $53,740.00 4 { 4 ' ~ r.: v i - 4 -r • ~ J- !'.Ta ~.ri~ •~-f viX s4~r~~~ra~J ~f r ,tip a~. r ( A(}~x S ~ vyy~~ ~ T "k l~':Z y.if~f ye{ ~ ~.r + * ~7u'~~_. yr4 l., Y ~ } L'%f A e. J ~f r r ~:.1`t:_ -.4 Y-, 7LT~T i4ii~.~~~~~~ ..><.f ~..4rc.:~ ti. x ~."4'~a y ~,y F~ • • r PA0.7ZCT LOCATION LISTINGS re ~ RR3~ PS1o6I ~ 1. ALP:/R c>Pr.-DS-aAc 2, AwY/A MOC1fISaRIRD LtAO-lfl1D PACE MOLTIROSIRD STVzRty MOCZIROOIRD ozw-Olo OOARDWALR RILL LI1M701J1 6. BOWIE ORAL DRIvzum DR RIRET m I. SOCICIMORAM szkc=s Isom" 1, scurpO TRICK wIwDSOR R7RR/Ow 0. C xmooz wzLLIY#.TOw OEIORD 10. CRAMOzu RILL DALLAS OR 11. CM)U STOPM1 MOCLSwol RD PAGE 12, CRORCRILL MOTTIMORM MILDSOE 23. COwDITT WISTIM CVL-D&-"X u. DOOR MILL ROOERTSOO 1s. CORDZLL CRESCE7 tDMTOL 16. DIAMZ CUL-DR-SAC 17. SOPRIRS DALLAS OR DRAG-wo , 11. NO"" MOCKINGBIRD DRAD-S!D 1s, INOU/TRIAL wn DzAD-23M 20. JOYCE LARZ EIONWAY 77 DEAD-END 21, tam MORSE PRAIRIE 22, MEND tAISLLY CUL-02-SAC 21. HILL MORlz wTz 26. OSPORD NoTT7NGRAM MLATMER 25. ►ACR cmitTOlRRR sums 26. PACE VR*Tm PAI/LRT 37. PAISLEY MOCKINGZIRO DRU-M 28. PARE RILL /[}01011/ 29, PICKWICK WINDSOR WLLLINOT'OM 30. Ross"SOII MORSE BILL 31. ROTAL ACHE/ RBRCVL2S exams 32. RCDDRLL RICRORY MCSINNRY IEI j, ..V~.a1IY V•~~T• 33. SMOT CREIM AROELIPA /RED 3JIOLLINA RRRD . 36. SWMTCM RRRcm" !)OLEIAL I ~ 31. sm"ow/ PARR OALLU OR i 36. Tt"T CT pwaRtuallpa BRAD-OW 37. TRAVIS MFIN0 ROCK SANTA K 38. VICTORIA CRVRCNILL No"IMORAM • 39. wAY1R F MAIN MOSIM00 • • 10. WMINOTOw CMMCULL RINOI NOW 11, WtUIMTOw IIRRCS1.91 SURRAM 43. WSST OAR JAG" /OIRIIR VRAS 63. WTSTON MOCRINGSIRD PAtz 64, WOoov w CIRCLE W2/TOO M-02-lac IS. wT1 INDUSTRIAL CR01S7IM/ER S 1 • Apenda Item / Data ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Cowxil wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAI\S: SECTION I. That the following purchases of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUJMBER VENDOR AMOUNT 80948 XEROX CORPORATION $31,200.00 SECTION 11, That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION III. 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 auth-)rircd. 1. , A x ~ • i SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of '1997 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SOLE SOURCE i 2 • - DATE: DECEMBER 2, 1991 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Kathy DuBose, Executive Director of Finance SUBJECT- AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE 1VITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER # 80848 TO XEROX CORPORATION). thheVS%% {l9iv: We recommend purchase order #80846 be approved to Xerox Corporation in amount o 31, 00. NI This purchase order is for the annual maintenance and user fees or click charge on the Xerohigh spcK high volume printer at Information Services. The costs are divided into maintenance at 517,040.00 and user fees at approximately $14,600. This printer is utilized to print utility bills, purchase orders, financial reports, payro ll checks, accounts payable checks, budget documents, etc. totaling over 3,6000 00 copies per year. The maintenance and user fees agreement is only available from the original equipment manufacturer, Xerox Corporation. Repair parts and software are protected by numerous patents and copyrights and therefore exempt from the bid process. PROGRAMS, DFPARTbiENTS OR GROUPS AFFECTED: Information Services Division FISCAL, IMPACT: Funds for this annual maintenance agreement and user fees will come from 1997!98 bu~geuunds; Account # 100-044-0080-8341. Attachments: Purchase Order # 80848 Quotation from Xerox Corporation Respectfully submitted: Kat u ~ ~ Executive trcctor of Finance Approved: • • • Name: om D. Sb avv, C. P M. Title: Purchasing Agent 3 ~ • .;rv; ~ n'.y~ 4 ~ 1 t, - 'Y r~ rE" , r~, l S yA.'~.FL, ! i 1 , pUACHASE ORDER NO; 80848 THIS IS A 1Nti mitlber n■,sl appur on all COWRM14 ORDER moires, delivery 04^ casts, OF MARkE01 - - clns. boxn. packkV skips and bft EIO NOT otm - ATE , Rey Na Bid N w, Dale 11 19 97 Page No C) CITY TEXAS PLACHAS04G Otv15 9001 8 TKAIS ST~E I DENTTOR TEXAS 76201-4354 940/349-7100 D/FW WFOO 8171287-0042 FAX 940/349-7302 VENDOR XEROX NAME/ P O BOX 226495 DE1TlfERY CENTRAL RECEIVING S11 ADDRESS ADDRESS INFORMATION SERVICES DALLAS TX 75222-6495 901 B TEXAS ST DENTON, TX 76201 s YDNM N0, XER49000 DEITVERY OWTED 11 25 97 FOB DESTINATION BUYER TS TERMS IQf ,v n``::>;.. ~s~6'; ~e•~r,!., ' r~":i- Y.lC.;4. y~ia r ~ ',~,~~5~ , 001 31200.00 $S VENDOR CAT. i N / A MFG NAME 1.000 31,200.00 CITY i 93927 MAINTENANCE CHARGE AND METER USAGE FROM 11/97 THRU 10/98 P%08 TOTAL f 31,200.00 OR ND TOTAL a 31,200.00 • 01 100 044 0080 6341 31,200.00 • 41AOA HS1RIlCENKK; 1 t«an - We 34 saa4 ri4+w W"ke with **Km on. ; 4. %oify histselirx F,Do. b"tih iu MMr4 wo" w.r. IoM is Accs,nls Fayskb S. Me fafrsl or wk Wes w sm k w4ko 4 11S E. McK s4 Mkn MAa4 Rai De„ti", r4 r` iii ~m ! ~ Pl1RdU►SMiO ..rr _ ~ R 1 y " 1`- r1 ` . 1 ~.v ~ i' 1 rr~~~ '.1v~~f. ~ f Z~I ~ r 41 ,tia?)E ~ ~a,~ ::{~y ; t f' I f i'S~ µl 5 1 l 1+f k, 1{~'0'. 1'y."J..1i.1 "JLo i IRWIN 1N. A, t. rilq~ ~1~-~Rt -TOIM - 91s M1 701N IM7.11-11 IRI iI r0[1tf P. M/iM TNFJ L?OCUME:V I' COMPhW ; of LIEAYC arrow Jc~s'IrFS ; lg31A'G 11 flt z: !3 220 bx Lm Collar Bojcmd WOOL rcK 75039 11n troy , UP Robbie Culpla Chr or Dag" FROM: 1.*11e P06dodv l ' JC+ru C~e~a 1 BF: i Xe++1: rasa 11+wen„t, S@rWM-Y117 U314 Dear Bobbie: Foclosed is USILLM V" sod dtd/ ate la PAM eaa to the above eselsiglad pjtM, i u.r.._ ~ *ft (bc* 1w dap pa vl.. lDer n+fyUl) Click ql Aerie Pa• mw .00jv Rp p,, px e s t i M = 3 0 1 G5~( Pkm ca' aK Wyw "M havt way .11Qldoe~l glrapoy / S''c°eidr y w 2. _ 1 Lynette loin •sagor t • i ~ I i i t~ IL tu~r 5 Ayundl No. Ageada It M . Dart - MY Of DEWOK TEXs MUNICIPAL BUILDING 215 E McKINNEY+DENTON, TEXAS 76201 (8 1 71 6 66-8 200 + DPW METRO 434.2529 MEMORANDUM TO: Mayor and Members of the City Council FROM: Rick S%ehla, Deputy City Manager DATE: December 2, 1997 SUBJECT: Ordinance authorumg the City Manager to Execute a Grant and Subsequent Amendrnents, 'Arith the U.S. Department of Transportation Federal Transit Admnnisuation For an Urbanized Area Formula Grant Project M TX-90-X416, a Grant Authorized By 49 U.S.C. Section 5307 For FY 98 (Funding For SPAN Contract) RF O MF.NDATiON: Staff recommends adoption of this ordinance, BACKGROUND: Approtial of this irdinance will gram authority to the City Manager to execute an agreement with the U.S. Department of Transportation, Federal Transit Administration, for an urbanized area fornnwLt grant to find public transportation services in Demon. This grant is authorized by 49 U.S.C. Section 5307 and is based on Denton's congressional appropriation listed in the Federal • Register. i The total estimated transportation project budget for FY 98 is S 679,867 which inehrdes funding for capital and operating assistance. Ties FTA award authorizes a total of $369,451 in federal share which represents 80% of the total capital project costa and 33% of the operating costs. The remaining $310,425 is considered local match and will be funded from the Texas Department • of Transportation (Ordinance 97-262) and the City of Denton (FY 98 Annual Program of • • Services). "Drdicarrd to Quality Stnice" . • i • As indicated m the attached project budget, a total of $370,000 has been reserved for FY 98 operations, of which only S 121,550 is federal match due to the congressional operating cap. Based on the FY 96 and FY 97 operating expenditures, staff expects FY 98 operations to approach 5470,000. Staff is currently working with the NCTCOG to obtain approval to increase the operations holding an additional S100,000 by approving the use of additional federal funds for operating or increasing next year's allocation to cover this year's shortfall. Rewtution of these funding issues is expected following the close of the legislative session and corgressiDW appropriation of transportation funding. PROGRAMS, DFPA_RTMENTS OR GROUPS AFFECTED Citizen's of Denton who use public transportation FISCAL IMPACT: The costs associated whh this gram will be furled in part by the Federal Transit Administration, the Texas Department of Transportation and the City of Denton RESPECTFULLY SUBMITTED: JQ Cm- %F-Acoa Rick Svehla Deputy City Manager Prepared by: Veronica S. Rolen • Public Transportation Coordinator i t Attachments: 1. Grant Agreement 2. Approved Project Budget • 3. Master Agreern n • • 4. Authorizing Ordinance 1 aa, 1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION , FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (ETA G-1, October 1, 1997) Upon execution of this Grant Agreement by the Grantee named below, the Grantee affirms the U•S. Department of Transportation, Federal Transit Administration (FTA) Award covering the Project described below and enters into this Grant Agreement with FTA. The following documents axe incorporated by reference and made part of this Grant Agreements (1) 'Federal Transit Administration Master Agreement,' FTA MA(1), October 1, 1997: and (2) Any Award notification containing special conditions or requirements, " if issued. FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS AFTER THE OBLIGATION DATE OF THE FTA AWARD. FTA AWARD FTA hereby awards a Federal grant as follows: Project Number: 7X90X416-00 Grantee: CITY OF DENTON \ Citation of Statute(s) Authorizing Project: 5307 Estimated Eligible Project Cost: $679,876 Maximum FPA Amount Approved (Including All Amendments): $369,151 Amount of This FTA Award: $369,151 Maximum Percentage(s) of ETA Participation: Date of Department of Labor Certification(s) of Transit Employee Protective Arrangements: Original Project or Amendment Number Certification Date 0 9/16/97 j f PROJECT DESCRIPTION: See Approved Project Budget and/or Conditions 11/01/97 WILBUR E. RARE OBLIGATION DATE REGIONAL ADMINISTRATOR, TRO-06 N r 0 :wn ' I APPROVAL DATE APPROVED PROJECT BUDGET PAGE 1 11/04/97 DENTON, TEXAS GRANT NO.. TX-90-X416-00 BUDGET NO.r 01 FEDERAL AMOUNT TOTAL AMOUNT SCOPE 111-01 BUS - ROLLING STOCK 161,501 $ 201,876 ACTIVITY 11.12.15 BUY REPLACEMENT VAN $ 150,621 $ 188,216 11.17.00 VEH OVER (UP TO 201 VEH MAINT) $ 10,880 $ 13,600 SCOPE 113-01 BUS - STATION/STOPS/TERMINALS............ $ 26,400 $ 33,000 ACTIVITY 11.32.10 PURCH/INSTALL PSGR AMENITIES S 20,000 $ 25,000 11.32.20 PURCHASE MISC STATION EQUIP S 4,000 S 5,000 11.34.09 REHAB ROUTE SIGNING S 2,400 $ 3,000 SCOPE 114-01 BUS SUPPORT EQUIP/FACILITIES $ 20,000 $ 25,000 ACTIVITY 11.22.20 ACQUIRE MISC EQUIPMENT $ 20,000 $ 25,000 SCOPE 117-01 BUS - OTHER CAPITAL ITEMS $ 40,000 $ 50,000 ACTIVITY 11.19.00 PROJECT ADMINISTRATION $ 40,000 $ 50,000 TOTAL CAPITAL 247,901 S 309,876 . SCOPE 300-01 OPERATING ASSISTANCE .....................5 121,550 $ 370,000 ACTIVITY 30.09.00 OPERATING ASSISTANCE 121,550 $ 370,000 $ TOTAL $ 369,451 679,576 ESTIMATED NET PROJECT COST S ,619,876 FEDERAL SHARE $ 369,451 LOCAL SHARE $ 310,425 SOURCES OF FEDERAL FINANCIAL A5313TANCE FUNDING UZA: 489510 FUNDING UZA NAME! DALLAS-FT. MORTH, TX ACCOUNTING PREVIOUSLY AMENDMENT ~ CLASSIFICATION FPC DESCRIPTION APPROVED AMOUNT TOTAL 97.21.90.91.1 00 FY 1997, SEC 9 $ 0 $ 247,901 S 247,901 CAPITAL 1` 0 lip WIN APPROVAL DATE APPROVED PROJECT BUDGET PAGE 2 11/04/97 GPANTEEt CITY OF DEMON DENTON, TEXAS GRANT NO,: TX-90-X416-00 BUDGET NO.: 01 CLASSIFICATION ?PC DESCRIPTION APPROVED AMOUNT TOTAL 97.21.90.91.1 04 FY 1997, SEC 9 S 0 S 121,550 $ 121,550 OPERATING SUB TOTALS S 0 $ 369,451 S 369,451 1 t ; I n ,f "~,._i +t.~ i (.•T sit ~ :t',.'>~"~y-r ':~c!}f~/~~ 1~u~f,-~` v~v t~,~y T~~ `,N ~'.1 n#1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION MASTERAGREE,MENT For Federal Transit Administration Grants or Cooperative Agraesnents authorized by 49 U.S.C. 5301 9Iq„ Title 23, U.S.C. (Highways}, the National Capital Transportation Act o, 1%9, as amended, the Intermodal Surface Transportation Efriciency Act of 1991, as amended, or other Federal enabling legislation' r, t 4 FTA NIA(4) October I, 1997 • ~S' ' i:i.; . t i 1~ • :j,1; i `Y. ~jf !ii `t 7'7'r1 ' . , ~;".y{,Y..1 • r • • TABLE OF CONTENTS 6 8 Definitions . Section 1 _ g Section 2 Project Implementation 9 a. Et ective Date 9 b. General 9 T AdministratNe Requirements nd Regulations . C U .5 DO of Federal, State, and Local Lawply sw d. Application rth Federal Requirements. .10 e, Recipient's Primary Responsibility to Com s to other Enuues-. 11 Extend Federal Requirement 1 l f Recipient's Respllnsibifity to el s to Third Parties 12 g. No Federal Government Obligation h. Changed Conditions of Performance (including Litigatio n) •12 12 Section 3 Ethics . 13 a Code of Ethics . 13 b, Debarment and Suspension 13 c Bonus or Commission . 13 0 d Lobbying Restrictions 13 e Employee Political Acti%ity - 14 f False or Fraudulent Statements or Claims 14 Section 4 Federal Financial Assistance . 14 a "Net Project Cost" 14 b other Basis for FTA Participation 14 Section 5 Local Share 14 a Restrictions on the Source of Local Share 14 b Duty to Obtain the Local Share 1S c Calculation of Local Share - 15 d Reduction of Local Share 1 Section 6 Approved project BudLct 15 Section 7 Accounting Records IS • a Project Accounts 15 b Funds Received or Made Available for the Project ~ c Documentation of Project Costs and Program Income tb !6 d Checks. Orders, and \'ouchers 16 Section 8 Reporting, Record Retention. and Access 16 a Reports 16 1 • b Record Retention l6 • • c Access to Records 16 d project Closeout 17 Section 9 Payments uest for ?e,nxnt 17 a Recipient's Req 19 b Payment by FTA 20 c Costs Reimbursed d Bond Interest and Other Financinu Costs 2p nts, and Dlsalloss ed Costs l1~►ud nB lrrtacst) 21 e Excluded Costs , Excess Payme f federal Claims 4 FTA MA141 10.1-97. h = t . r , CORRECTION This document has been rephotograhed to assure legibilty ' ,~5. .,Y ' 1 r ~ Nip 5rt r r ir~ ti~~'.G :4'~ S ~ -y~ ~ j i 1 (Tl ~2 .{,ildS.~~..+1'•~f~' .1` - - r~ _:+~..k~• ~.~~a~~}_i -sb 1,:itis' S1rr.s A~~' ~r tr; • i s _ k TABLE OF CONTENTS Section 1 Definitions 6 Section 2 Project Implementation g a Effective Date _g b. General Requirements _ 9 c U.S DOT Administrative Requirements 9 d. Application of Federal, State, and Local Laws and Regulations-, .9 e. Recipient's Primary Responsibility to Comply With Federal Requirements..... 10 f Recipient's Responsibility to Extend Federal Requirements to Other Entities ......A I g No Federal Government Obligations to Third Parties. - 1 I It Changed Conditions of Performance (Including Litigation) 12 Section 3 Ethics_ 12 a Code of Ethics 12 b, Debarment and Suspension _ 13 c. Bonus or Commission _ . _ 13 d Lobbying Restrictions,,. „ 13 e Employee Political Activity 13 f False or Fraudulent Statements or Claims 13 Section 4 Federal Financial Assistance 14 a "Net Project Cost' 14 b Other Basis for FTA Participation 14 Section 5. Local Share 14 a Restrictions on the Source of Local Share 14 b Duty to Obtain the Local Share 14 c Calculation of Local Share 14 d Reduction of Local Share 15 Section 6 Approved Project Budget 15 Section 7 Accounting Records 15 a Project Accounts 15 b Funds Received or %lade Available for the Project 15 c Documentation of Project Costs and Program Income Is d Checks, Orders. and Vouchers 16 Section 9 Reporting, Record Retention. and Access 16 a Reports 16 b Record Retention 16 c Access to Records 16 d Project Closeout _ l6 Section 9 Pa%ments 16 a Recipient's Request 11or Pa} meet 17 • b Payment b% FTA 17 c Costs Reimbursed 19 d Bond Interest and Other Financing Costs _ 20 e Excluded Costs _ .......20 f Federal Claims. Excess Payments, and Disallowed Costs Uncludmg Interim)_ ..11 FTA MAC410.1.97. Pale 2 , • r • . I i t TABLE OF CONTENTS (CONTINUED) e Section 9 g De-obligation of Funds 22 Section 10 Project Completion. Non-Federal Audits. Settlement, and Closeout 22 a Project Completion .22 b. Audit of Recipients 22 c Funds Due the Federal Government 22 d Project Closeout 21 Section I I Right of the Federal Government to Terminate 23 Section 12 Preference for United States Products and Services .23 a Buy America 23 b Cargo Preference _ 23 c. Fly Arnerica.. 23 Section 13. Relocation and Land Acquisition ..24 Section Id. Seismic Safety, 24 Section 15 Procurement 24 a Federal Standards 24 b Project Approvat/Third Party Contract Approval 24 c FTA Technical Re~ieu 24 d Exclusionary or Discriminatory Specifications _ 24 e Bus Seat Specifications 23 f Use of Federal Supply Schedules 24 g Preference for Recycled Producti 24 h Geographic Restrictions 25 i Architectural. Engineering, Design, or Related Services 25 j Force Account 25 k Award to Other Than the Lo~kest Bidder 25 Rolling Stock =5 m Bonding 2i n \otifcation of Federal Participation 26 Section 16 Leases 26 a Capital Leaus 26 b Leases Imol~ing Certificates of Panicipation 26 c Cross-Border Leases 26 • Section 17 Patent Rights 26 a General 26 b Federal Rivhts 26 Section 18 Rights in Data and Copyrights - 27 a Definition 27 tr1 b Federal Restrictions 27 ` • c Federal Rights in Data and Cop}righis 27 • • d Special Federal Rights for Planning. Research. and Developnwnt Projects 27 e Hold Harmless 28 f Restrictions on Access to Patent Rights 28 g ,,Application to Materials lncorporated into the Project 28 FTA NIM41 10-1.97, Page 3 8 9r 'ws.~l~ - _ _ Win. ..,I ~r"' _ _ _ - _ TABLE OF CONTENTS (CONTINUED) Scction 19 Real Properly, Equipment, and Supplies 28 a. Use of Property 28 b General Federal Requirements _ . 29 c. Maintenance..........................29 d. Records. 29 e Encumbrance of Project Property.. 29 f• Transfer of Project Property ....29 g Disposition of Project Property..... _.....30 h. Misused or Damaged Properly.,...,._..., . .................31 i. Obligations Afler Project Closeout . .................31 Section 20, Insurance ..31 a. Insurance During Construction _ _ . _ _ . 3i b. Flood Hazards..... _ 31 Section 21. Project Management for Major Capital Projects ..................3 t Section 22. Civil Rights........................ _._..........32 a Prohibitions Against Discrimination in Federal Programs...,...,. 32 b. Equal Employment Opportunity_ ....32 c Disadvantaged Business Enterprise 33 d Access Requirements for Persons with Disabilities _ 33 Section 23 Employee Protections _.34 a Construction Activities 34 b Activities Not Involving Construction _ .34 c State and Local Government Employees., 35 d Transit Employee Protective Arrangements .......35 Section 24 Planning and Private Enterprise 36 a. FTA Requirements 36 b Infrastructure Investment .36 Section 25 Environmental Requirements ...___36 a Environmental Protection _ _..36 b Air Quality 37 c Clean Water ......37 . d Use of Public Lands 37 e Historic Preservation . 37 f Mitigation of Adverse Environmental Effects .39 Section 26 Energy Conservation _...._...38 Section 27 State Management and Monitoring Systems .......38 Section 28 Charter Service Ofxradons .38 Section 29 School Transportation Operations aft Section 30 Metric System .39 Section 31 Substance Abuse 39 . 0 a Drug Abuse 39 b Alcohol Abuse 39 FfA "4110-1-97. Pale 4 i y V♦yr~A,M _ ~y i ui • TABLE OF CONTENTS (CONTINUED) Section 32 State Safety Oversight of Rail Fixed Guideway Public Systems 39 Section 33. Special Requirements for Urbanized Area Formula Projects 39 a Fares" Services.. 39 b. Audit Requirements 40 c. Half•FareRquirermnts . 40 d. Procurement of an Associated Capital Maintenance Product ;0 e. Transit Security 40 f Restrictions on Use of Formula Assistance for Operations- .........................40 g. Reporting Requirements. _............................40 h. Criminal Sanctions..... ...........................................40 Section 34. Special Requirements for Formula Projects for the Elderly and Persons with Disabilities _ .......................40 a. Eligible Subrecipients ...41 b. State Procedures . ....41 c Eligible Project Activities . ..................41 d. Transfer of Assets .4l Section 35. Special Requirements for Nonurbanized Area Formula Projects 41 a State Procedures ..41 b. Eligible Project Activities _...41 c Transfer of Assets 41 d Restrictions on Use of Formula Assistance for Operations _......42 e Intercity Transportation ..42 Section 36. Special Requirements for Research. Development, Demonstration, and Special Studies Projects 42 a. Projev-t Report _ . 42 t b. Project Identification .42 Section 37 Special Requirements for a State Infrastructure Bank Project 42 " b Latest Requirements Apply .43 c. Transit Account Limitations d Limitations on Accessing Federal Assistance in Transit Accounts .43 Section 38 Disputes, Breaches, Defaults, or Other Litigation ..A3 • a Notification to FTA ....43 b Federal Interest in Recovcn _...43 c Enforcement .43 d FTA Concurrence. _ ..43 e Alternative Dispute Resolution .,43 Section 39 Amendments to the Project ..43 Section 40 Electronic Data Interchange Technology .44 • • Section 41 Severabillty FTA biAt1) 10-1.97, tat;: S log - - 4 • UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION MASTER AGREEMENT This Master Agreement encompasses standard terms and conditioas governing the administration of a Project supported with Federal financial assistance awarded by the Federal Transit Administration (FTA) through a Grant Agreement or Cooperative Agreement with the Recipient. This Blaster Agreement applies to Federal finan.-ial assistance authorized by Federal transit laws codified at 49 U SC 5301 gl 5tq ; Title 23, United States Code (Highways); the Intermodal Surface Transportation Efficiency Act of 1991, as amended; or other Federal enabling laws administered by FTA. (Pub. L No. 103-272, July 5, 1994, codified the Federal Transit Act, as amended, as chapter 53 of title 49 of the United States Code, thus requiring new citations for Federal transit laws ) FTA and the Recipient under stand and agree that not every requirement within this Master Agreement will apply to every Recipient or every Project for which FTA provides financial assistance through a Grant Agreement or Cooperative Agreement. The nature of the Project and the section of the statute authorizing financial assistance for the Project will determine which re ,;-irements of this Master Agreement apply. Any violation of a requirement within this Master Agreement applicable to the Recipient or its Project may result in penalties to the violating party; requirements that do not apply will not be enforced Thus, in consideration of the mutual covenants, promises, and representations herein, FTA and the Recipient agree as follows Section I, Definiti n a Applkwi means the signed and dated request for Federal financial assistance, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with and accepted or approved by the FTA by or on behalf of the Recipient. • b Approval. Authorization- Concurrence Waivc means a conscious written statement (whether transmitted by paper or electronically) by an authorized official of the Federal Government granting permission to the Recipient to perform or omit an action required pursuant to the Grant Agreement or Cooperative Agreement, which action may not be performed or omitted without such permission Unless clearly stated otherwise, an approval, authorization, concurrence, or t • waiver permitting the performance or omission of a specific action does not constitute permission • • to perform or omit other similar actions Oral permission or interpretations have no legal force or elTect FTA MA{4 i 10-1.97, Pqe 6 4 t i c. Approved Project Bud¢et means the most recent statement, approved by the FTA, of the costs of the Project, the maximum amount of Federal assistance for which the Recipient is currently eligible, the specific tasks (including specified contingencies) covered, and the estimated cost of each task d. Cooperative Agreemen means the instrument by which FTA awards Federal assistance to a specific Recipient to support a panicular Project, and in which FTA takes an active role or retains substantial control, in accordance with 31 U.S.C § 6305, The Cooperative Agreement consists of the FTA Award establishing the specific parameters of the Project, an Execution statement signed by the Recipient, and may include Special Conditions or Special Requirements; in addition, this Master Agreement is incorporated by reference and made pan of the Cooperative Agreement e Federal Government means the United States of America and any executive department or agency thereof f federal Transit Administration is the current designation for the former Urban Mass Transportation Administration. Any reference in any law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administration shall be deemed a reference to the Federal Transit Administration, g Federal Transit Administrator is the current designation for the former Urban Mass Transportation Administrator Any reference in any law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administrator shall be deemed a reference to the Federal Transit Administrator It EfA is the acronym for the Federal Transit Administration, one of the operating administrations of the U S Department of Transportation (U S, DOT) FTA replaces the acronym UNITA i EFTA DdrcrtL~q includes any FTA circular, notice, ordw, or guidance providing information about FTA's programs, application processing procedures, and Project management guidelines. In addition to FTA directives, certain U S DOT directives also apply to the Project j Grantt Agreement means the instrument by which FTA awards Federal assistance to a specific Recipient to support a particular Project, and in which FTA does not take an active role or retain substantial control, in accordance with 31 U S C § 6304 The Grant Agreement consists of the FTA Award establishing the specific parameters of the Project, an Execution section signed by the Recipient, and may include Special Con&rions or Special Requirements; in addition, this Master Agreement is incorporated by reference and made part of the Grant Agreement k L9c I vernmenj includes a public transit authority as well as a county, municipality, city, • • town, township, special district, council orgovemmems (whether or not incorporated as a private nonprofit organization under state la%% regional or interstate government entity, or any agency or instrumentality thereof FTA hfA(41 10.1.91, Page 7 i ^v r • • c. Approved Project Budget mans the most recent statement, approved by the FTA, of the costs of the Project, the maximum amount of Federal assistance for which the Recipient is currently eligible, the specific tasks (including specified contingencies) covered, and the estimated cost of each task. d, Cooperative Agreement means the instrument by which FTA awards Federal assistance to a specific Recipient to support a particular Project, and in which FTA takes an active role or retains substantial control, in accordance with 31 U.S.C. § 6305. The Cooperative Agreement consists of the FTA Award establishing the specific parameters of the Project, an Execution statement signed by the Recipient, and may include Special Conditions or Special Requirements; in addition, this Master Agreement is incorporated by reference and made part of the Cooperative Agreement. e. Federal Government means the United States of America and any executive department or agency thereof f Fcderal Transit Administration is the current designation for the former Urban Mass Transportation Administration. Any reference in any law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administration shall be deemed a reference to the Federal Transit Administration g. Federal Transit Administrator is the current designation for the former Urban Mass Transportation Administrator. Any reference in any law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administrator shall be deemed a reference to the Federal Transit Administrator. h. FTA is the acronym for the Federal Transit Administration, one of the operating administrations ofthe U.S. Department of Transportation (U.S. DOT) FTA replaces the acronym LINITA, i. FTA Directive includes any FTA circular, notice, order, or guidance providing information about FTA's programs, application processing procedures, and Project management guidelines. In addition to FTA directives. certain U S DOT directives also apply to the Project. j. Qum Agreement means the instrument by which FTA awards Federal assistance to a specific Recipient to support a particular Project, and in which FTA does not take an active role or retain • substantial control, in accordance with 31 U S C. § 6304. The Grant Agreement consists of the FTA Award establishing the specific parameters of the Project, an Execution section signed by the Recipient, and may include Special Conditions or Special Requirements; in addition, this Master Agreement is incorporated by reference and made part of the Grant Agreement. k. Local Govemment includes a public transit authority as well as a county, municipality, city, _ • town, township, special district, council of governments {whether or not incorporated as a private • • nonprofit organization under state law►, regional or interstate government entity, or any agency or instrumentality thereof FTA SIA(4) 10-1-97, Pave 7 ~a. r , I, pt iect means the task or tasks, listed in the Approved Project Budget, and any modifications stated in the Conditions to the Grant Agreement or Cooperative Agreement applicable to the Project, For the formula assistance programs for urbartized areas, for the elderly and persons with disabilities, and nonurbanized areas, 49 U.S.C. 5307, 5310, and 5311, respectively, the term 'Project' encompasses both "Drogram" and 'each Project within the Program,' as the context may require, to effectuate the requirements of the Grant Agreement or Cooperative Agreement. m. Recipient means any entity that receives Federal assistance directly from FTA to accomplish the Project. The term "Recipient" includes each FTA 'Grantee" as well as each FTA Recipient of a Cooperative Agreement. Except as FTA permits otherwise, the Recipient is the entire legal entity even though only a single crganization within that entity is designated as the Recipient in the Grant Agreement or Cooperative Agreement, n ecr a means the U, S. DOT Secretary, including his or her duly authorized designee. o. Subagreement means an agreement by which a Recipient awards financial assistance derived from FTA to the subrecipient as defined in Subsection I p of this Master Agreement below. The term'subagreement" also includes the term'subgrant,' but does not include *third party contract" or "third party subcontract " p Subrecipient means any entity that receives Federal assistance awarded by an FTA Recipient, rather than FTA directly The term'subrecipient' also includes the term "subgrantee," but does not include "third party contractor" or "third party subcontractor' q Third Party Contract means a contractor purchase order awarded by the Recipient or subrecipient to a vendor or contractor, financed in whole or in part with Federal assistance awarded by FTA r, Third Party Subcontract means a subcontract at any tier entered into by the third party contractor or third party subcontractor, financed in whole or in part with Federal assistance originally derived from FTA s. Tran " means transportation by a com'eyance, either publicly or privately owned, that provides regular and continuing general or special public transportation to the public, but does not ! include school bus, charter, or sightseeing transportation. The term 'transit" also includes "mass transportation" and 'public transportation t U S DOT is the acronym for the United States Department of Transportation, including its operating administrations v Section 2 Proj"t Implengntation a effective Date The effective date of the Grant Agreement or Cooperative Agreement is the Obligation Date on which the FTA's Authorized Official signs the FTA Award in the Grant FTA NIA(4) tt}1.97, Page 8 1J • r Agreement or Cooperative Agreement The effective date of any Amendment is the Obligation Date on which the FTA's Authorized Official signs the FTA Award for that Amendment b. General Requirements The Recipient agrees to maintain or acquire sufficient legal, financial, and technical capacity to undertake and complete the Project, and provide for the use of Project facilities and equipment, in accordance with the terms of the Grant Agreement or Cooperative Agreement, the Approved Project Budget, the Project schedules, the Recipient's annual certifications and assurances to FTA, and all applicable Federal laws, regulations, directives, and published policies. The "Project Description' in the FTA Award section of the Grant Agreement or Cooperative Agreement describes the Project or Projects to be funded by that Grant Agreement or Cooperative Agreement. The Federal law or laws authorizing Project approval identified in the FTA Award section of the Grant Agreement or Cooperative Agreement control Project implementation c U S DOT ministrative Reauir m n The Recipient acknowledges that Federal administrative requirements differ for the various types of entities receiving Federal assistance as follows. (I ) A Recipient that is a state, local or Indian tribal government agrees to comply with U S DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," 49 C F R Part 18 (2) A Recipient that is an institution of higher education or a nonprofit organization agrees to comply with U S DOT regulations, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations," 49 C F R Part 19 (3) A Recipient that is a private for-profit organization agrees to comply with the "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations," 49 C F R Part 19 d ApplicatiQn4f Federal,Stare and Local _l,a Ls and_Rtgulati m5 (I ) feral Laws and Regulatienj 1 he Recipient acknowledges that Federal laws, • f regulations, policies, and related administrative practices applicable to the Project on the date the authorized FTA otlicial signs the Grant Agreement or Cooperative Agreement may be modified .01 t from time to time. The Recipient agrees that the most recent of such Federal requirements will ' govern the administration of the Project at any particular time, except if FTA issues a written determination othewise Such written determination might take the form of a Special Condition - or Requirement within the Grant Agreement or Cooperative Agreement or a letter signed by the • Federal Transit Administrator, the language of which modifies or otherwise conditions the text of • • J a particular provision of this Master Agreement Specifically, new Federal laws, regulations, policies, and administrative practices may be promulgated after the date when the Recipient executes the Grant Agreement or Cooperative Agreement, and may, by their terms, apply to that Grant Agreement or Cooperative Agreement To achieve compliance with changing Federal FTA MA(4) I0-1-97, Page 9 • • Agreement or Cooperative Agreemxnt. The effective date of any Amendment is the Obligation Date on which the FTA's Authorized Official signs the FTA Award for that Amendment. b. General Requirements. The Recipient agrees to maintain or acquire sufficient legal, financial, and technical capacity to undertake and complete the Project, and provide for the use of Project facilities and equipment, in accordance with the terms of the Grant Agreement or Cooperative Agreement, the Approved Project Budget, the Project schedules, the Recipient's annual certifications and assurances to FTA, and all applicable Federal laws, regulations, directives, and published policies The "Project Description" in the FTA Award section of the Grant Agreement or Cooperative Agreement describes the Project or Projects to be funded by that Grant Agreement or Cooperative Agreement, The Federal law or laws authorizing Project approval identified in the FTA Award section of the Grant Agreement or Cooperative Agreement control Project implementation. c r t c DOT ' dministrative Requirements. The Recipient acknowledges that Federal administrative requirements differ for the various types of entities receiving Federal assistance as follows. (1) A Recipient that is a state, local or Indian tribal government agrees to comply with U S DOT regulations, 'Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," 49 C F.R Part IS (2+ A Recipient that is an institution of higher education or a nonprofit organization agrees to comply with U S DOT regulations, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations," 49 C.F.R Pan 19 (3) A Recipient that is a private for-profit organization agrees to comply with the "Uniform Administrative Requirements for Grants and Agreements with institutions of Higher Education, Hospitals, and Other Non-profit Organizations," 49 C,F R Pan 19, d 6p9lication of Federal State and Local La++s and Re gut i n (1) Federal La++s and Regulations The Recipient acknowledges that Federal laws, regulations, policies, and related administrative practices applicable to the Project on the date the authorized FTA official signs the Grant agreement or Cooperative Agreement may be modified from time to 6me. The Recipient agrees that the most recent of such federal requirements will J govern the administration of the Project at any particular time, except if FTA issues a written determination otherm ise Such written determination might take the form of a Special Condition or Requirement within the Grant Agreement or Cooperative Agreement or a letter signed by the Federal Transit Administrator, the language of which modifies or otherwise conditions the text of • a particular provision of this Master Agreement Specifically, new Federal laws, regulations, • • J policies, and administrative practices may be promulgated after the date when the Recipient executes the Grant Agreement or Cooperative Agreement, and may.by their terms, apply to that Grant Agreement or Cooperatiile Agreement To achieve compliance with changing Federal FTA MAt4) 10-1-97, Page 9 i4. • _-7 • • • requirements, the Recipient agrees to include notice in each agreemmtt with each subrecipient and with each third party contractor under the Project that Federal requirements may change and the changed requirements will apply to the project as required, unless the Federal Government determines otherwise. All standards or limits within this Master Agreement to be observed in the performance of the Project are minimum requirements, unless modified by FTA The Master Agreement has no expiration date and remains in effect even if certain provisions therein are modified or superseded by subsequent Federal requirements, (2) State or Territorial Law and Local Law. Except to the extent that a Federal statute or regulation preempts state or territorial law, nothing in the Grant Agreement or Cooperative Agreement shall require the Recipient to observe or enforce compliance with any provision thereof, perform any other act, or do any other thing in contravention of any state, territorial law or local law; therefore, if any of the provisions of the Grant Agreement or Cooperative Agreement violate any state, territorial, or local law, or if compliance with she provisions of the Grant Agreement or Cooperative Agreement would require the Recipient to violate any state, territorial, or local law, the Recipient agrees to notify FTA immediately in writing to permit FTA and the Recipient to make appropriate and arrangements to proceed with the Project as quickly as possible e. Recipient's Primary Re - risibility to Comply with Fcd•ra! Rcauirements Irrespective of participation of other parties in the Project, the Recipient continues to remain responsible to FTA for compliance with all Federal requirements imposed by Federal statute, regulations, executive orders, directives, published policies, this Master Agreement, and the Grant Agreement or Cooperative Agreement for the Project (1) Significant Pani ation by a .Third Party Contractor. Although the Recipient may enter into a third party contract in which the third party contractor agrees to provide property or services in support of the project, or even carry out Project activities normally perforated by the Recipient (such as in a turnkey contract), the Recipient continues to remain responsible to FTA for compliance. (2) i ni ant Participation y a Subr i n Although the Recipient may delegate ary or almost all project responsibilities to one or more subrecipienis, the Recipient continues to remain • responsible to FTA for compliance (3) E3=1Qm The Recipient, however, is relieved of compliance with Federal responsibilities in the following two circumstances (a) when the Designated Recipient of urbanized area fomtula funds authorized for 49 U S C. § 5307 has entered into a Supplemental Agreement with FTA and a grantee covering i • the Project, the Designated Recipient is not responsible to F rA for compliance with Federal • • requirements in connection with the Project, or (b) wLe+, the Federal Government, through appropriate official action, relieves the Recipient of a port ion of or all responsibility to the Federal Government FfA NIA(4) 10-1-97. PW 10 y rj , r - f~ • • f [tipient's ResRoibilit Extend Federal Ratuirements to Other Entities. (1) amities Affected Only signatories to the Grant Agreement or Cooperative Agreement for the Project are parties to that agreement. To achieve compliance with certain Federal laws, regulations, or directives, however, other entities participating in the Project, such as subrecipients and third party contractors will necessarily be affected. Accordingly, the Recipient agrees to take appropriate measures necessary to ensure compliance by all entities participating in the Project with thou Federal requirements applicable to their performance (2) Documents Affected, The extent to which a specific Federal requirement affects entities participating in the Project is determined by the provisions of the Federal statutes, regulations, and directives establishing that Federal requirement, as w. ll as the provisions of 49 C.F.R. Part IS or 49 C F.R. Pan 19. Accordingly, the Recipient agree, to include provisions adequate to ensure compliance of participating entities with Federal requirements, and to require its third party contractors and subrecipients to include in each lower tier subcontract and subagreement financed in whole or in part with financial assistance provided by FTA under the Grant Agreement or Cooperative Agreement provisions adequate to impose applicable Federal requirements. Below are additional requirements: (a) Third Par y Contracts. Because Project activities performed by a third party contractor must be carried out in accordance with Federal requirements, the Recipient agrees to include appropriate clauses in each third party contract stating the third party contractor's responsibilities under Federal law, regulation, or directive, including any necessary provisions requiring the third party contractor to extend applicable requirements to its sutcontractors to the lowest tier necessary . When the third party contract requires the third party contractor to undertake primary responsibilities for the Project usually performed by the Recipient directly, the requirements applicable to the Recipient imposed by this Master Agreement and the Grant Agreement or Coopertive Agreement for the Project muss be included in that third party contract and extended throughout each tier to the extent appropriate. Additional guidance pertaining to third party contracting is contained in the FTA Best Practices Procurement Manual. Be aware, however, that the FTA Best Practices Procurement Manual focuses mainly on the procurement process and may omit certain Federal requirements applicable to the work to be performed. Ibf $uba4reements. Because Project activities performed by a subrecipient must be • carried out in accordance with Federal requirements, the Recipient agrees to include appropriate clauses in each subagreement stating the subrecipient's responsibilities under Federal law, regulation, or directive, including any necessary provisions requiring the subrecipient to impose applicable Federal requirements on entities to the lowest tier necessary When the subagreement requires the wbrecipient to undertake primary responsibilities for the Project usually performed by the Recipient directly, the requirements applicable to the Recipient imposed by this blaster • Agreement and the Grant Agreement or Cooperative Agreement for the Project must be included • • in that subagreement and extended throughout each tier to the extent appropriate g \'o Federal Government Obligations to Third Parkes The Recipient agrees that, absent the Federal Government's express written consent, the Federal Government shall not be subject to any FTA NMt11 10. 1-97, Page 11 S • • f. Recipient's Responsibility to Extend Federal Requirements to Other Entities. (1) Entities Affected Only signatories to the Grant Agreement or Cooperative Agreement for the Project are panics to that agreement. To achieve compliance with certain Federal laws, regulations, or directives, however, other entities participating in the Project, such as subrecipients and third party contractors will necessarily be affected. Accordingly, the Recipient agrees to take appropriate measures necessary to ensure compliance by all entities participating in the Project with those Federal requirements applicable to their performance. (2) Documents Affected. The extent to which a specific Federal requirement affects entities participating in the Project is determined by the provisions of the Federal statutes, regulations, and directives establishing that Federal requirement, as well as the provisions of 49 C.F.R Part 18 or 49 C.F.R. Pan 19. Accordingly, the Recipient agrees to include provisions adequate to ensure compliance of participating entities with Federal requirements, and to require its third party contractors and subrecipients to include in each lower tier subcontract and subagreement Enanced in whole or in pan with financial assistance provided by FTA under the Grant Agreement or Cooperative Agreement provisions adequate to impose applicable Federal requirements. Below are additional requirements: (a) Third Party Contracts, Because Project activities performed by a third party contractor must be tamed out in accordance with Federal requirements, the Recipient agrees to include appropriate clauses in each third party contract stating the third party contractor's responsibilities under Federal law, regulation, or directive, including any necessary provisions requiring the third party contractor to extend applicable requirements to its subcontractors to the lowest tier necessary. When the third party contract requires the third party contractor to undertake primary responsibilities for the Project usually performed by the Recipient directly, the requirements applicable to the Recipient imposed by this Master Agreement and the Grant Agreement or Cooperative Agreement for the Projec. must be included in that third party contract and extended throughout each tier to the extent appropriate. Additional guidance pertaining to third party contracting is contained in the FTA Best Practices Procurement Manual. Be aware, however, that the FTA Best Practices Procurement Manual focuses mainly on the procurement process and may omit certain Federal requirements applicable to the work to be performed. (b) Subagrerments. Because Project activities performed by a subrecipient must be carried out in accordance with Federal requirements, the Recipient agrees to include appropriate clauses in each subagree"m mating the subrecipient's responsibilities under Federal law, regulation, or directive, including any necessary provisions requiring the subrecipient to impose applicable Federal requirements on entities to the lowest tier necessary. "'hen the subagreement requires the subrecipient to undertake primary responsibilities for the Project usually performed by the Recipient directly, the requirements applicable to the Recipient imposed by this Mamer • Agreement and the Grant Agreement or Cooperative Agreement for the Project must be included in that subagreement and extended throughout each tier to the extent appropriate • • g No Federal Government Obligations to Third Parries. The Recipient agrees that, absent the federal Government's express written consent, the Federal Goa'ernment shall not be subject to any FfA MA44) I(1-1.97, Page (t l (o. ~ao~ r • • obligations or liabilities to any subrecipient, any third party contractor, or any other person riot a party to the Grant Agreement or Cooperative Agreement in connection with the performance of the Project. Notwithstanding any concurrence provided by the Federal Government in or approval of any solicitation, subagreement, or third party contract, the Federal Government continues to have no obligations or liabilities to any party, including the subrecipient and third party contractor. h aged Conditions o Performance (lncluding Liti¢ &1110). The Recipient agrees to notify FTA immediately of any change in local law, conditions (such as its legal, financial, or technical capacity), or any other event that may significantly affect the Recipient's ability to perform the Project in accordance with the terms of the Grant Agreement or Cooperative Agreement. In addition, the Recipient agrees to notify FTA immediately of any decision pertaining to the Recipient's conduct of litigation that may affect the Federal Government's interests in the Project or the Federai Government's administration or enforcement of Federal laws or regulations. Before the Recipient may name the Federal Government as a pally to litigation for any reason, in any forum, the Recipient agrees to inform FTA. Section 3. thi a Code of E i . The Recipient agrees to maintain a written code c, standards of conduct that shall govern the performance of its officers, employees, board members, or agents engaged in the award and administration of third party contracts or subagreements supported by Federal assistance The code or standards shall provide that the Recipient's offkers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential contractor or subreciplent The Recipient may set minimum rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value, As permitted by state or local law or regulations, the code or standards shall include penalties, sanctions, or other disciplinary actions for violations by the Recipient's officers, employees, board members, or their agents, or by contractors or subrecipients or their agents (1) Personal Conflicts of Interest The Recipient's code or standards of conduct shall prohibit the Recipient's employees, officers, board members, or agents from participating in the selection, award, or administration ofa third party contract or subagreement supported by Federal funds if areal or apparent conflict of interest would be involved. Such a conflict would raise when any of the following parties has a financial or other interest in the entity selected for award: (a) an employee, offker, board member, or agent, (b) any member of his or her immediate family, (c) his or her partner, or (d) an organization that employs, or intends to employ, any of the above ~s of Intcrxfl The Recipient's code or standards of conduct must (2) r nizgital onLfl include procedures for identifying and presenting real and apparent organizational conflicts of • interest An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subagreement may, without sorne restrictions on future activities, result in an unfair competitke advantage to the third party contractor or subrecipient or impair its objectivity in performing the contract work FTA NW4) 10-1-97, Page 12 AM 11 S-A b, Debarment and Suspension. The Recipient agrees to comply with the requirements of Executive Orders Nos 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and US DOT regulations on Debarment and Suspension at 49C FR. Part 29. c. Rnnn or Commission The Recipient affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its federal assistance application for the Project. d. LpbbN'n a frictions. The Recipient agrees to. (1) Refrain from using Federal assistance funds to support lobbying, and (2) Comply with applicable requirements of 31 U S C. § 1352 and U S. DOT regulations, 'New Restrictions on Lobbying.' 49 C F R Part 20, modified as necessary by section 10(b) of the Lobbying Disclosure Act of 19,95 (Which amends 31 U.S.C. § 1352). e Fmployrt Political Activity. To the extent applicable, 5 U S C. 1501 through 1509 (Hatch Act) and Office of Personnel Management regulations, "Political Activity of State or Local Officers or Employees," 5 C F R Part 151, apply to state and local agencies and their officers and employees. The Hatch Act restricts the political activity of an individual principally employed by a state or local executive agency in connection with a program financed in whole or in part by a Federal loan, grant, or cooperative agreement, However, the Hatch Act does not apply to a nonsupervisory employee of a transit system (or of any other agency or entity performing related functions) receiving FTA assistance to Whom the Hatch Act does not otherwise apply. f False or Fraudulent Statemeri sand Claims. The Recipient acknowledges and agrees as follows. (1) The Recipient acknowledges that the requirements of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U S C 3601 ri M and U S DOT regulations, "Program Fraud Civil Remedies," 49 C F R Part 31, apply to its actions pertaining to the Project. Accordingly, by signing the Grant Agreement or Cooperative Agreement, the Recipient certifies or affirms the truthfulnes-, and accuracy of any statement it has made, it makes, or it may make pertaining to the Project covered by the Grant Agreement or Cooperative Agreement. In addition to other penalties that may be applicable, the Recipient also acknowledges that if it makes a false, • fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penaties of the Program Fraud Civil Remedies Act of 1986, as i amended, on the Recipient to the extent the Federal Government deems appropriate (2) The Recipient also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, of certification to the Federal Government in connection with an urbanized _ • area formula project financed with Federal assistance authorized by 4911 S C. § 5307, the • • Government reserves the right to impose on the Recipient the penalties of 18 U.S.C. § 1001 and 49 U S C § 5307(n)(1), to the extent the Federal Government deems appropriate. FTA tv1A14m 10.1.97, Pogo 13 t t b,. Debarment and Suspension. The Recipient agrees to comply with the requirements of Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations on Debarment and Suspension at 49 C.F.R. Part 29. C. Bonus orSQtrtml _Q _n. Recipient off rms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its Federal assistance application for the Project. d. L q¢Wng Rest ' i n The Recipient agrees to: (1) Refrain from using Federal assistance funds to support lobbying, and (2) Comply with applicable requirements of 31 U.S.C. § 1352 and U.S. DOT regulations, 'New Restrictions on Lobbying,' 49 C.F.R. Part 20, modified as necessary by section 10(b) of the Lobbying Disclosure Act of 1995 (which amends 31 U.S.C. § 1352). e. Fmolovee Political Auivity. To the extent applicable, 5 U.S.C. 1501 through 1508 (Hatch Act) and Office of Personnel Management regulations, 'Political Activity of State or Local Officers or Employees,' 5 C.F.R. Part 151, apply to state anA local agencies and their officers and employees The Hatch Act restricts the political activity of an individual principally employed by a state or local executive agency in connection with a program financed in whole or in part by a Federal loan, grant, or cooperative agreement. However, the Hatch Act does not apply to a nonsupervisory employee of a transit system (or of any other agency or entity performing related functions) receiving FTA assistance to whom the Hatch Act does not otherwise apply. f False or Fraudulent Slatements and Claims. The Recipient acknowledges and agrees as follows: (1) The Recipient acknowledges that the requirements of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U S C 3801 !1 ssg. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R Part 31, apply to its actions pertaining to the Project. Accordingly, by signing the Grant Agreement or Cooperative Agreement, the Recipient certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, or it may make pertaining to the Project covered by the Grant Agreement or Cooperative Agreement. In addition to other penalties that may be applicable, the Recipient also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as r amended, on the Recipient to the extent the Federal Government deems appropriate. (2) The Recipient also acknowledges that if it makes a false, fictitious, or fraudulent claim, . statement, submission, or certification to the Federal Government in connection with an urbanized { _ • • area formula project financed with Federal assistance authorized by 49 U.S.C. § $307, the Government reserves the right to impose on the Recipient the penalties of 18 U.S.C. § 100I and 49 U.S C. § 5307(n)(1), to the extent the Federal Government deems appropriate. FrA MAl41 10-1.97, Page 13 I g Win.,......-.-+-♦ r f Section 4. Federal Financial Assistance The Recipient acknowledges and agrees that FTA will provide Federal financial assistance administered by FTA for the Project equal to the smallest of the following amounts (a) the maximum amount permitted by Federal law and regulations, (b) the amount designated in the Grant Agreement or Cooperative Agreement as "Maximum FTA Amount Approved," or (c) the amount calculated in accordance with the "Maximum Percentage(s) of FTA Participation," shown on the Grant Agreement or Cooperative Agreement. FTA's obligation to make Federal assistance payments is limited to the amounts included in the Approved Project Budget. The basis upon which FTA deterntines the "Maximum FTA Amount Approved' in identified as the "Estimated Eligible Project Cost" and is included in the Grant Agreement and the Cooperative Agreement. a. "Net Project Cost". For any Project required by FTA or Federal law to be financed on the basis of its 'Net Project Cost' as defined within 49 U.S.C. § $302, FTA intends to assist the Recipient in financing that portion of the Project that cannot reasonably be financed from the Recipient's revenues, i e , "Net Project cost* of the Project. Accordingly, the rmount listed as "Estimated Eligible Project Cost" will be the 'Estimated Net Project Cost' on which FTA will calculate the amount of Federal assistance to award for the Project, b. Other Basis for FTA Participation For any project not required by FTA or Federal law to be financed on the basis of its "Net Project Cost" as defined within 49 U.S C. § 5302, FTA intends to assist the Recipient in financing all or part of the cost of the Project. Accordingly, the arrwunt listed as "Estimated Eligible Project Cost" will be the basis o.i which FTA will calculate the amount of Federal assistance to award for the Project Section 5. Local Shams If FTA requires the RNipient to provide a local share for the Project financed under the Grant Agreement or Cooperative Agreement, the Recipient agrees as follows, a R{stric ions on thr<urce of Local Share Except as permitted otherwise by Federal law, the Recipient agrees to provide sufficient funds or approved in-kind resources that, together with the Federal financial assistance awarded, will assure payment of the actual cost of each project covered by the Grant Agreement or Cooperative Agreement. The Recipient agrees that no funds provided will be derived from receipts from using the Project facilities or equipment. revenues of the transit system in which such facilities or equipment are used, or other Federal funds. b Duty to Obtain gjal Share Except as otherwise approved by FTA, the Recipient agrees io complete all proceedings necessary to provide the local share of the Project costs at or before the time those funds are needed to meet Project expenses c C ! O ion of Local Share The Recipient agrees that the local share will be calculated on a t project-by-project basis for each project covered by the Grant Agreement or Cooperative Agreemcnt i I I FTA MA(4) 10.1.97, Page 14 ~C{ ti r • • d Reduc i n of Local Share The Recipient further agrees that a refund or reduction of the local share may be made only if a refund of a proportional amount of the Federal financial assistance is made to the Federal Government at the same time, unless the Federal Government expressly approves otherwise in writing Section 6 Approved Project Budget The Recipient agrees to prepare project budget which, upon approval by FTA, is referred to as the Approved Project Budget. Any amendment awarding additional Federal financial assistance requires a new Approved Project Budget, The Approved Project Budget may also be revised as permitted by and in conformance with applicable Federal requirements. An amendment to the Approved Project Budget shall require the issuance of a formal amendment to the Grant Agreement or Cooperative Agreement, except that a re-allocation of funds among budget items or fiscal years that does not increase the total amount of the Federal financial assixance awarded may be made in accordance with applicable Federal circulars and regulations. The Recipient agrees to incur obligations and make disbursements of Project funds only as authorized in the latest Approved Project Budget. The latest Approved Project Budget is incurporated herein by reference and made part the Grant Agreement or Cooperative Agreement for the Project Section 7 Accounting RecordT a Project Account s The Recipient agrees to establish and maintain for the Project either a separate set of accounts, or separate accounts within the framework of an established accounting system that can be identified with the Project, in accordance with 49 C F R. § 19 20 or 49 C F R § 19 21, whichever is applicable The Recipient agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project shall be clearly identified, readily accessible and available to FTA upon its requeu, and, to the extent feasible, kept separate from documents not related to the Project b Funds-R _ceived or Made A~ iila ie f,r h Prol cl The Recipient agrees to record in the Project Account, and deposit in a financial institution, all Project payments it receives from the Federal Government pursuant to the Grant Agreement or Cooperative Agreement and all other • funds provided for, accruing to, or othewise received on account of the Project (project funds) in accordance with applicable provisions of 49 C F R § 18 21 or 49 C F R § 19 22 The Recipient is encouraged to use tinancirl institutions owned at least 50 percent by minority group members c Documentation of ftpIN Costs and PLuram Income All costs charged to the Project, including any approved services contributed by the Recipient or others, shall be supported by ` • properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the t nature and propriety of the charges The Recipient also agrees to maintain accurate records of all • • { program income derived from implementation of the Project; this requirement, however, does not apply to certain Recipient iixome determined by FTA to be exempt from the general program income requirements FTA MA44r 10.1.97, Pane IS i rl♦ • d. Reduction of Local Share. The Recipient further agrees that a refund or reduction of the local share may be made only if a refund of a proportional amount of the Federal financial assistance is made to the Federal Government at the same time, unless the Federal Government expressly approves otherwise in writing, Section 6 Approvcd. Project Budget The Recipient agrees to prepare project budget which, upon approval by FTA, is referted to as the Approved Project Budget. Any amendment awarding additional Federal financial assistance requires a new Approved Project Budget. The Approved Project Budget may also be revised as permitted by and in conformance with applicable Federal requirements. An amendment to the Approved Project Budget shall require the issuance of a formal amendment to the Grant Agreement or Cooperative Agreement, except that a re-allocation of funds among budget items or fiscal years that does not increase the total amount of the Federal financial assistance awarded may be made in accordance with applicable Federal circulars and regulations. The Recipient agrees to incur obligations and make disbursements of Project funds cnly as authorized in the latest Approved Project Budget. The latest Approved Project Budget is incoWated herein by reference and made part the Grant Agreement or Cooperative Agreement for the Project. Section 7. Accounting Records. a. P;gj_ect Accounts. The Recipient agrees to establish and maintain for the Project either a separate set ofaccounts, or separate accounts within the framework of an established accounting system that can be identified with the Project, in accordance with 49 CT R. § 19.20 or 49 C F.R. § 19 2 1, .whichever is applicable The Recipient agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in pan to the Project shall be clearly identified, readily accessible and available to FTA upon its request, and, to the extent feasible, kept separate from documents not related to the Project. b Funds Received or Made Available for the Project The Recipient agrees to record in the Project Account, and deposit in a financial institution, all Project payments it receives from the Federal Government pursuant to the Grant Agreement or Cooperative Agreement and all other • funds provided for, accruing to, or otherwise received on account of the Project (project funds) in accordance with applicable provisions of 49 CT R § 13 21 or 49 C F R § 19 22 The Recipient ~ is encouraged to use financial institutions o~rned at least SO percent by minority group members. ' c Pocumentation of Project Costs and Program Income All costs charged to the Project, including any approved smites contributed by 11e Recipient or others, shall be supported by _ properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the * 41 nature and propriety of the charges The Recipient also agrees to maintain accurate records of all program income derived from implementation of the Project, this requirement, however, does not apply to certain Recipient income determined by FTA to be exempt from the general program , income requirements FTA SIAM 10-1.97, Page IS ~G• ri i d, ChtSks- Orders- and Vouchers. The Recipient agrees to refrain from drawing checks or orders for goods or services to be charged against the Project Account until it has on file in its office a properly signed voucher describing in proper detail the purpose of the expenditure. Section B. Repoing. Record Retention- and Access. a. Reports. The Recipient agrees as follows (1) Getter Rgquirernents. The Recipient agrees to provide to FTA those reports required by U.S. DOT's administrative riles for grants and cooperative agreements and any other reports the Federal Government may require (2) Format Reouirements All reports and other documents or information intended for public availability developed under the Project and required to be submitted to FTA must be prepared and submitted in both the electronic and paper formats that FTA specifies. FTA reserves the right to require records to be submitted in other forms b ggC9.rd Retention. The Recipient agrees that, during the course of the Project and fa three years thereafter, it will maintain intact and readily accossrble all data, documents, reports, records, contracts, and supporting materials relating to the Project as the Federal Government may require for the Project, c. Access to Records. Upon request, the Recipient agrees to permit and require its Subrecipients to permit the Secretary of Transponation and the Comptroller General ofthe United States, or their authorized representatives, to inspect all Project wreck, materials, payrolls, and other data, and to audit the books, records, and accounts of the Recipient and its contractors pertaining to the Project In accordance with 49U SC. § 5325(a), the RecipkM agrees to require each third party contractor whose contract award is not based on competitive bidding procedures as defined by the Secretary of Transportation to permit the Secretary of Transportation and the Compirolle• General of the United States, or their duly authorized representatives, to inspect all work, materials, payrolls, and other data and records involving that third party contract and to audit the books, records, and accounts involving that third party contract as it affects the Project • d Project Closeout Project closeout does not alter these reporting and record retention requirements r Section 9 E~yments • • the Recipient agrees that it will not seek pa%ment from FTA for Project costs until it has first executed the Grant Agreement or Cooperative Agreement providing Federal assistance for the Project FTA MA1/) 10-1-97, Page 16 , - 3- g 11 ..a MIT ~J fit t V t r w 4 ';T Y • t4<'sa 2 . ~k r gtti _.a . s. G _ ><f„ ~i 4 F • • a. Recip'ient's Request for Payment. FTA will respond to the Recipient's request for the Federal share payment of its allowable costs in accordance with the procedures described in this Section. To receive a Federal assistance payment, the Recipient must. (1) Have demonstrated or certified that it will provide adequate local funds, when combined with Federal payments, to cover all costs to be incurred for the Project Unless the Federal Government has expressly permitted the Recipient to defer provision of the local share, a Recipient required by Federal statute or the Grant Agreement or Cooperative Agreement to provide a local share agrees to refrain from. (a) Requesting or obtairung Federal funds exceeding the amount justified by the local share previously provided, and (b) Taking any action that would cause the proportion of Federal funds made available to the Project at any time to exceed the percentage authorized by the Grant Agreement or Cooperative Agreement; (2) Have submitted to FTA all financial and progress reports required to date by this Master Agreement; and (3) Have identified the source(s) of financial assistance provided for the Project from which the payment is to be derived b, byment by FT The Recipient understands and agrees that FTA will make all payments by the Automated Clearing House (ACH) method of payment, regardless of the amount involved (1) EiectrQni fearing 1{ouse OpSr_ation Payments If payment is made through the Electronic Clearinghouse Operation (ECHO) by means of an ECHO Control Number, the Recipient agrees to comply with FTA's ECHO requirements established pursuant to U.S. Department of the Treasury Circular 1075, Part 205, "Withdrawal of Cash iron- the Treasury for Advances Under Federal Grants and fvther Programs," the "Guidelines for Disbursements" included in the ECHO System Operations Manual used for FTA projects, and the requirements of this Subsection 9.b(l) The Recipient also agrees that if it fails to comply with the following requirements of this Subsection 9 b(1), the Federal Government may revoke the unexpended • portion of Federal assistance acvardcd for the Project i (a) The Recipient may draw do%%n cash only when actually needed for immediate disbursement required for Project purposes Unless provided otherwise by Federal law or regulation, the Recipient agrees to expend all federal funds obtained under the Project for Project purposes no later than three (3) days after it receives those funds If the Recipient fails to expend • those Federal assistance funds within three (3) days of their receipt or return the funds to FTA • • within a reasonable period, or fails to establish procedures to minimize the time elapsing between cash advances and the disbursement, the Federal Government may revoke or temporarily suspend the Recipient's ECHO Control Number and the Recipient's access to the ECHO System. In addition to revocation or suspension of the Recipient's ECHO Control Number, a Recipient's FrA btAt4l 10-1-97, Page I7 • • a. $"p'jenfs Reouest for PairMl. FTA will respond to the Rrcipient's request for the Federal share payment of its allowable costs in accordance with the procedures described in this Section. To receive a Federal assistance payment, the Recipient must (1) Have demonstrated or certified that it will provide adequate local funds, when combined with Federal payments, to cover all costs to be incurred for the Project. Unless the Federal Government has expressly permitted the Recipient to defer provision of the local share, a Recipient required by Federal statute or the Grant Agreement or Cooperative Agreement to provide a local share agrees to refrain from. (a) Requesting or obtaining Federal funds exceeding the amount justified by the local share previousty provided, and (b) Taking any action that would cause the proportion of Federal funds made available to the Project at any time to exceed the percentage authorized by the Grant Agreement or Cooperative Agreement; (2) Have submitted to FTA all financial and progress reports required to date by this Master Agreement; and (3) have identified the source(s) of financial assistance provided for the Project from which the payment is to be derived. b. P Mm nt b , FT The Recipient understands and agrees that FTA will make all payments by the Automated Clearing House (ACH) method of paymteni, regardless of the amount involved. (l) ElectrgnicQeaJnizH i n P yments if payment is made through the Electronic Clearinghouse Operation (ECHO) by means or an ECHO Control Number, the Recipient agrees to comply with FTA's ECHO requirements established pursuant to U.S. Department of the Treasury Cirr_lar 1075, Part 205, "Withdrawal of Cash fror+ the Treasury for Advances Under Federal Grants and Other Programs,' the 'Guidelines for Disbursements' included in the ECHO System Operations Manual used for FTA projects, and the requirements of this Subsection 9 b(1) The Recipient also agrees that if it fails to comply with the following • requirements of this Subsection 9 b(1), the Federal Government may revoke the unexpended portion of Federal assistance awarded for the Projecs. i (a) The Recipient may draw doun cash only v~hen actually needed for immediate disbursement required for Project purposes Unless provided otherwise by Federal law or regulation, the Recipient agrees to expend all Federal funds obtained under the Project for Project • purposes no latcr than three (3) days after it receives those fiends If the Recipient fails to expend those Federal assistance funds within three (3) days of their receipt or return the funds to FTA • • within a reasonable period, or fails to establish procedures to minimize the time elapsing between cash advances and the disbursement, the Federal Government may revoke or temporarily suspend the Recipient's ECHO Control Number and the Recipient's access to the ECHO System, In addition to revocation or suspension of the Recipient's ECHO Control Number, a Recipient's FTA MAM 10-1-97, Page 17 r • f failure to adhere to these requirements may result in other remedies or penalties authorized by Federal law or regulation (b) The Recipient agrees to report its cash disbursements and balances in a timely manner in compliance with Federal requirements (c) The Recipient agrees to provide for control and accountability for all project funds consistent with Federal requirements and procedures for use of the ECHO system (d) The Recipient may net draw down fends for a project in an amount exceeding the sum obligated by the Federal Government or the current available balance for that Project (e) The Recipient agrees to draw down funds only for eligible Project costs. (f) The Recipient agrees to refrain from drawing down Federal assistance funds before needed for disbursement. (g) The Recipient agrees to notify the appropriate Regional or Program Office when a single draw down will exceed $50 million (h) The Recipient agrees to remit interest to the federal Government on any Federal assistance prematurely drawn down, irrespective of whether that Federal assistance has been deposited in an interest-bearing account The Recipient agrees that a debt for any premature draw down of federal assistance funds does not qualify as a "claim" covered by the Debt Collection Act of 1982, as amended, 31 U, S.C. 3701 through 3720, and that the interest provisions of this Subsection 9.b(lkh) of this !Master Agreement, rather than the interest provisions of the Debt Collection Act of 1982, as amended, will determine the amount of interest due on any debt for Federal assistance prematurely drawn down The Recipient agrees that the amount of interest due depends on whether or not the Recipient is a state or state instrumentality I A Recipient that is also a state or state instrumentality agrees io remit interest to the Federal Government cakulated as required by 1J S Department of Treasury regulations, "Rules and Procedures for Funds Transfers," 31 C F R Part 205, w hick implerrtents section 5(b) of the Cash Management Improvement Act of 1990, as amended, 31 U &C § 6503(b) Thus, a Recipient that also is a state or a slate instrumentality agrees that interest on any debt it may incur for Federal. assistance prematurely drawn down does not qualify for the interest exemption of the Debt Collection Act of 1982, as amended, 31 U S C 3701 and 3717 A Recipient that is not a state or state instrumentality agrees to remit prejudgment interest on the debt for any premature draw down of Federal assistance, to the extent • permitted under common law, consistent with U S General Accounting Office (U S. GAOW S. Department of Justice (U S DO)) regulations permitting interest on debts at 4 C F R Part 102, currently 4 C F R § 102 13(ix2) Accordingly, a Recipient that also is either a local government or an instrumentality of a local government agrees that interest on any debt it may incur for Federal assistance prematurely drawn down does not qualify for the interest exemption for units a3 FTA MAt4) 101.97, Pyle IS aE • Cam',-.---.~~~, • r Now. • i • of general local government in the Debt Collection Act of 1982, as amended, 31 U.S.C. 3701 and 3717. (2) RcquMion, if the requisition method of payment is used, the Recipient understands and agrees as follows, (a) dpi i R ponsi diti The Recipient agrees to j. Complete and submit the 'Payment lnrormation Form - ECHO-ACH Payment System,' Revised 10192, to FTA's Accounting Division Complete and submit Standard Form 270, 'Request for Advance or Reimbursement,' to the designated Fi A office (b) 1= fA Resoo si ji i . Upon receipt of a payment request and adequate accompanying information, FTA will authorize payment by direct deposit, provided the Recipient is in compliance with the obligations of the Grant Agreement or Cooperative Agreement, has satisfied the FTA that it needs the requested Federal funds during the requisition period, and is making adequate and timely progress toward Project completion 1khen all these condiitons are net. the Government may reimburse the Recipient's apparent allowable costs incurred (or to be incurred during the requisition period) up to the maximum amount cf Federal funds payable through the Federal fiscal year of that requisition, as included in the Approved Project Budget. c. Cost Reimbursed The Recipient understands and agrees that Project costs eligible for Federal panicipztion must comply with all the fallowing requirements: (1) Conform with the Project Description, the Approved Project Budget, and all other terms of the Grant Agreement or Cooperative Agreement. (2) Are necessary in order to accomplish the Project, (3) Are reasonable for the goods or services purchased, (4) Are actual net costs to the Recipient (i i, the price paid minus any refiutx's- rebates, or other items of value received by the Recipient that have the effect of redurmg the cost actually incurred, excluding program income), 1 (5) Are incurred for work performed after the date of the Grant Agreement or Cooperative Agreement, unless specific authorization from the Federal Government to the contrary is received, • (6) Are satisfactorily documented, - (7) Ate treated consistently in accordance wish accounting principles and procedures approved by the Federal Government for the Recipient, and with accounting principki arid procedures approved by the Recipient for its contractors, rTA MAM 10-1-97, Pale 19 i i 4t R F.'. • • i of general local government in the Debt Collection Act of 1982, as amended, 31 U.S.C. 3701 and 3717. (2) gr4uisitio . If the requisition method of payment is used, the Recipient understands and agrees as follows: (a) Recip nie t RespQnsibilides. The Recipient agrees to 1. Complete and submit the "Payment Information Form - ECHO-ACH Payment System," Revised 10192, to FTA's Accounting Division. 2. Complete and submit Standard Form 270, "Request for Advance or Reimbursement," to the designated FTA office. (b) F rA Responsibilities Upon receipt or a payment request and adequate accompanying information. FTA will authorize payment by direct deposit, provided the Recipient is in compliance with the obligations of the Grant Agreement or Cooperative Agreement, has satisfied the FTA that it needs the requested Federal funds during the requisition period, and is making adequate and timely progress toward Project completion. When all these conditions are met, the Government may reimburse the Recipient's apparent allowable costs incurred (or to be incurred during the requisition period) up to the maximum amount of Federal funds payable through the Federal fiscal year of that requisition, as included in the Approved Project Budget. c. Costs Reimburd. The Recipient understands and agrees that Project costs eligible for Federal participation must comply with all the following requirements: (1) Conform with the Project Description, the Approved Project Budget, and all other tams of the Grant Agreement or Cooperative Agreement, (2) Are necessary' in order to accomplish the Project. (3) Are reasonable for the goods or services purchased. (4) Are actual net costs to the Recipient (Ls,, the price paid minus any refunds, rebates, or • other items of value received by the Recipient that have the elTect of reducing the cost actua4y incurred, excluding program income). i (S) Are incurred for work performed after the date of the Grant Agreement or Cooperative Agreement, unless specific authorization from the Federal Government to the contrary is received, • (ti) Are satisfactorily documented. • • t^ (7) Are treated consistently in accordance ssith accounting principles and procedures approve d.by the Weral Government for the Recipient, and with accounting principles and procedures approved by the Recipient for its contractors, FTA NW41 1b-1.97, FW It s • (8) Arc Jigible under Federal law, regulation, or guidelines for Federal participation; and (9) Onless permitted otherwise by Federal statute or regulation, conform with provisions of the applicable OMB Circular or Federal regulation listed below; (a) For a Recipient that is a state, local, or Indian tribal government, the standards of OMB Circular A-87, Revised, "Cost Principles for State and Local Governments,' apply; (b) For a Recipient that is an institution of higher education, the standards of OMR Circular A-21, Revised, "Cost Principles for Educational Institutions," apply, (c) For a Recipient that is a private nonprofit organization, the standards of OMB Circular A-122, Revised, 'Cost Principles for Non-Profit Organizations." apply; (d) For a Recipient that is a for-profit organization, the standards of the Federal Acquisition Regulation, 48 C.F.R. Chapter I, Subpan 31 2, "Contracts with Commercial Organizations" apply. d. @Qnd Interest a Other Financin& CQg1. To the extent permitted in writing by HA, bond interest and other financing costs are allowable e Fxr&dti_CMli. The Recipient understands and agrees as follows (1) In determining the amount of Federal assistance FTA will provide, FTA will exclude. (a) Any Project costs incurred by the Recipient before the Obligation Date of the Grant Agreement or Cooperative Agreement or Amendment thereto, unless otherwise permitted by Federal law or regulation, or unless an authorized FTA official states in writing to the contrary; (b) Any costs incurred by the Recipient that are not included in the latest Approved Project Budget, (c) Any costs for goods or services received under a third party contractor other arrangement required to be, but has not been, concurred in or approved in writing by the Federal • Government; and i (d) Any costs ineligible for FTA participation as required by Federal law, regulation, or guidelines for Federal participation (2) The Recipient agrees that reimbursement of any cost made by the Government does not - • constitute a final decision of the Federal Government about the whetber that cost is eligible for • • reimbursement and does not constitute a waiver of any violation by the Recipient of the terns of the Grant Agreement or Cooperative Agreement The Recipient acknowledges that the Federal Government will not make a final determination about the eligibility of any cost until an Audit of the Project has been completed. If the Federal Government determines that the Recipient is not FTA MA(4) 10-1.97, Pale 20 r. • • entitled to receive any part of the Federal funds requested, the Federal Government will notify the Recipient stating its reasons Project closeout will not alter the Recipient's obligation to return any funds due to the Federal Government as a result of later refunds, corrections, or other transactions. Nor will Project closeout alter the Federal Government's right to disallow costs and recover funds on the basis of a later audit or other review. Unless prohibited by law, the Federal Governmeta may recoup any Federal assistance funds to be made available for the Project as needed to z tisfy any outstanding monetary claims that the Federal Government may have against the Recipient. Exceptions pertaining to disallowed costs are contained in FTA directives or in other written Federal guidance. f Federal Claims, Excess Payments and Disallowed Costs (Including Interest). (1) Rc6ljient'sObligcj2ntofa. Upon notice by the Federal Government to the Recipient of specific amounts due, the Recipient agrees to remit to the Federal Government promptly any amounts due for Federal claims based on funds the Recipient has recovered from third parties or elsewhere, excess payments, or disallowed costs, including any interest due. (2) Amount of Interest Duo The Recipient agrees that the amount of interest due depends on whether the Federal Government treats the principal portion of the debt as a Federal claim or as a debt owed to the Federal Government Thus, Recipient agrees to pay interest calculated as follows: (a) F eral Claims aeainit the Recipicrr%l The Debt Collection Act of 1982, as amended, 31 U S C 3701 through 3720, exempts state governments and units of general local government from the obligation to pay interest on claims pursued by the Federal Government under that Act, 31 U.S.C 3701 and 3717 Interest on claims against other parties will be calculated in accordance with the interest pro~.isions of U.S. GAO••U.S DOJ regulations, 'Federal Claims Collection Standards,' at 4 C F R Part 102, currently 4 C.F.R. § 102.13 (b) Excess Payme15 The Recipient agrees that a debt for any excess payment does not qualify as a 'claim' covered by the Debt Collection Act of 1982, as amender. 31 U.S.C. 3701 through 3720, and that the interest exemption for state governments and units of general local government provided by that Act w ill not apply to interest on the debt for excess payments. Accordingly, a Recipient that also is a state government or a unit of general local government agrees that interee on any debt for excess payments does not qualify for the interest exemption prodded to state r,nd local governments by 31 U S C 3701 and 3717. Thus, irrespective of whether the Recipient is a state government, a unit of general local government, a nonprofit r organization, an institution of higher education, an individual, or any other party, the Recipient agrees to pay prejudgment interest and related charges for excess payments made by the Federal Government, to the extent authorized under common law, consistent with provisions permitting interest on debts at 4 C F R Part 102, currently at 4 C F R § 102 13(ix2) • (c) Disallowed Costs The Recipient agrees that a debt for any disallowed cost does not qualify as a'ciaim' covered by the Debt Collection Act of 1982, as amended, 31 U S.C. 3701 through 3720, and that the interest exemption for state governments and units of general local FTA MAt4) 10-1-97, Page 21 • • n i entitled to receive any part of the Federal funds requested, the Federal Government will notify the Recipient stating its reasons Project closeout will not alter the Recipient's obligation to return any funds due to the Federal Government as a result of later refunds, corrections, or other transactions. Nor will Project closeout alter the Federal Government's right to disallow costs and recover funds on the basis of a later audit or other review. Unless prohibited by law, the Federal Government may recoup any Federal assistance funds to be made available for the Project as needed to satisfy any outstanding monetary claims that the Federal Government may have against the Recipient. Exceptions pertaining to disallowed costs are contained in FTA directives or in other written Federal guidance. f Federal Claims. Excess PaYmcnts. and Disallowed Costs (Including Interest (1) gecipj ligalion to Pav. Upon notice by the Federal Government to the Recipient of specific amounts due, the Recipient agrees to remit to the Federal Government promptly any amounts due for Federal claims based on funds the Recipient has recovered from third parties or elsewhere, excess payments, or disallowed costs, including any interest due (2) Amount of Interest Due The Recipient agrees that the amount of interest due depends on whether the Federal Government treats the principal portion of the debt as a Federal claim or as a debt owed to the Federal Government. Thus, Recipient agrees to pay interest calculated as follows (a) Federal Claims against the Recipient. The Debt Collection Act of 1982, as amended, 31 U S.C. 3701 through 3720, exempts state govemments artd units of general local government from the obligation to pay interest on claims pursued by the Federal Government under that Act, 31 U S.C. 3701 and 3717, Interest on claims against other parties will be calculated in accordance with the interest provisions of U.S. GAO-U.S DOJ regulations, "Federal Claims Collection Standards," at 4 C F K Part 102, currently 4 C.F.R. § 102.13. (b) Excess Payments. The Recipient agrees that a debt for any excess payment does not qualify as a "claim" covered by the Debt Collection Act of 1982, as ameadee , 31 U.S.C. 3701 ` through 3720, and that the interest exemption for state governments and units of general local government prodded by that Act will not apply to interest on the debt for excess payments. Accordingly, a Recipient that also is a state government or a unit of g 4wral local government agrees that interest on any debt for excess payments does not qualify for the interest exemption prodded to state and local governments by 31 U S C 3701 and 3717. Thus, irrespective of whether the Recipient is a state government, a unit of general local government, a nonprofit organization, an institution of higher education, an individual, or any other party, the Recipient agrees to pay prejudement interest and related chsrgcs for excess payments made by the Federal Government, to the extent authorized under common law, consistent with provisions permitting interest on debts at 4 C F R Pan 102. currently at 4 C F R § 102 13(i)(2) • • (c) Disallowed Costs The Recipient agrees that a debt for any disallowed cost does not qualify as a "claim" covered by the Debt Collection Act of 1932, as amended, 31 U.S.C. 3701 through P20, and that the interest exemption for state governments and units of general local FTA MAt41 10- 1.97, tae 21 r won Y; V 7 "1 • • government provided by that Act will not apply to interest on the debt for the disallowed cost. Accordingly, a Recipient that also is a state government or a unit of general local government agrees that interest on any debt for a disallowed cost does not qualify for the interest exemption provided to state and local governments by 31 U S C. 3701 and 3717. Thus, irrespective of whether the Recipient is a state government, a unit ofgeneral local government, a nonprofit organization, an institution of higher education, an individual, or any other party, the Recipient agrees to pay prejudgment interest and related charges for debts for each disallowed cost paid by the Federal Government, to the extent authorized under common law, consistent with provisions permitting interest on debts at 4 C F.R. Part 102, currently at 4 C FR § 102 13(i)(2). g. De-obligation of funds. The Federal Government reserves the right to de-obligate unexpended Federal funds before Project closeout Section 10. ProiecLC4mplction. Audit. Settlement. and Closeout a. Proiect Com~etion. Within ninety (90) days of the Project completion date or termination by the Federal Government, the Recipient agrees to submit a final Financial Status Report (Standard Form 269A), a certification or summary of Project expenses, and third party audit reports, as applicable. b. Audit of Recipients The Recipient acknowledges and agrees as follows (1) Audit Reauircdd Each Recipient agrees to undertake the audits required by OMB Circular A-133, "Audits of Stairs, Local Governnxnts, and Yon-Profit Organizations," and any further revision or supplement thereto. In addition, the Recipient agrees to obtain any other audits required by the Federal Government Project closeout will not alter the Recipient's audit responsibilities (2) Audit Costs Audit costs for Project administration and management are allowable Project costs to the extent authorized by OMB Circular A-87, Revised, OMB Circular A-21, 1 Revised, or OMB Circular A-122, Revised c Funds Due the F r ! overnmeni The Recipient agrees to remit any amounts due the • Federal Government to the Recipient ha; recovered from third parties, excess payments, or disallowed costs, or from other sources including interest required by Subsection 9 R2)(b) of this Master Agreement d Proi ~te, C192= Project closeout occurs when the FTA notifies the Recipient the Project is closed out, and either forwards the final Federal assistance payment or acknowledges that the - • O • Recipient has remitted the proper refund The Recipient agrees that Project closeout does not invalidate any continuing obligations imposed on the Recipient by the Grant Agreement or Cooperative Agreement or by the Federal Government's final notification or acknowledgment, FTA MA(4) 10.1.97, Page 22 C • • Section 1 L littiytht of the Federal Government to Terminate. Upon written notice, the Recipient agrees that the Federal Government may suspend or terminate all or part of the Federal financial assistance provided herein if the Recipient has violated the terms of the Grant Agreement or Cooperative Agreement, or if the Federal Government determines that the purposes of the statute under which the Project is authorized would not be adequately served by continuation of Federal financial assistance for the Project . Any failure to make reasonable progress on the Project or other violation of the Grant Agreement or Cooperative Agreement that endangers substantial performance of the Project shall provide sufficient grounds for the Federal Government to terminate the Grant Agreement or Cooperative Agreement. Termination of any Federal financial assistance for the Project will not invalidate obligations property incurred by the Recipient before the termination date, to the extent those obligations cannot be canceled However, if the Fede vat Government determines that the Recipient has willfully misused Federal assistance funds by failing to make adequate progress, failing to make reasonable and appropriate use of the Project real property, facilities, or equipment, or failing to adhere to the terms of the Grant Agreement or Cooperative Agreement, the Federal Government reserves the right to require the Recipient to refund the entire amount of Federal funds provided for the Project or any lesser amount as the Federal Government may determine. Expiration of any Project Time Period established for the Project does not, by itself, constitute an expiration or termination of the Grant Agreement or Cooperative Agreement, Section 12 Preference for 'Hired . ales _ dt e 5 and Sen iced To the extent applicable, the Recipient agrees to comply with the following U S preferences, a Buy m ri a The Recipient agrees to comply with 49 U S C. § 53230), FTA regulations, 'Buy America Requirements,' 49 C F R Part 661, and any implementing guidance FTA may issue b ~ar¢o prcierence--Use of United 5ta1es-F1agVessels. The Recipient agrees to comply with U S Maritime Administration regulations. 'Cargo Preference--L' S -Flag Vessels,' 46 C F R. Pan 381, to the extent those regulations apply to the Project • c FAmericp The Recipient understands and agrees that the Federal Government will not participate in the costs of international air transportation of any persons involved in or property J acquired for the Project unless that air transportation is prodded by U S -flag air carriers to the extent service by these carriers is available, as required by the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U S C § 417118, in accordance with U S GAO regulations, "Uniform Standards and Procedures for Transportation Transactions," 4 C F R Part 52, and U S GAO Guidelines for Implementation of the "Fly America Act," • • B-138942, 1981 U S Comp Gen LEXIS 2166. March 31, 1981. I FTA htA(4) 10-1-97, Pact 23 i . .mow • I Section 11. Right of the Waal Government to Terminals. Upon written notice, the Recipient agrees that the Federal Government may suspend or terminate all or part of the Federal financial assistance provided herein if the Recipient has violated the terms of the Grant Agreement or Cooperative Agreement, or if the Federal Government determines that the purposes of the statute under which the Project is authorized would not be adequately served by continuation of Federal financial assistance for the Project. Any failure to make reasonable progress on the Project or other violation of the Grant Agreement or Cooperative Agreement that endangers substantial performancc of the Project shall provide sufficient grounds for the Federal Government to terminate the Grant Agreement or Cooperative Agreement. Termination of any Federal financial assistance for the Project will not invalidate obligations properly incurred by the Recipient before the termination date, to the extent those obligations cannot be canceled. However, if the Federal Government determines that the Recipient has willfully misused Federal assistance funds by failing to make adequate progress, failing to make reasonable and appropriate use of the Project real property, facilities, or equipment, or failing to adhere to the terms of the Grant Agreement or Cooperative Agreement, the Federal Government reserves the right to require the Recipient to refunrl the entire amount of Federal funds provided for the Project or any lesser amount as the Federal Government may determine. Expiration of any Project Time Period established for the Project does not, by itself, constitute an expiration or termination of the Grant Agreement or Cooperative Agreement Section 12 Prefererce for United States r u js an ervic To the extent applicable, the Recipient agrees to comply with the following U S. preferences. a Buy America. The Recipient agrees to comply with 49 U,S C. § 53236), FTA regulations, 'Buy America Requirements," 49 C F R Pan 661, and any implementing guidance FTA may issue b Cargo Preference--Use of United State lag N'esscls. The Recipient agrees to comply with U S Maritime Administration regulations, "Cargo Preference--U S -Flag Vessels," 46 C.F R. Pan 381, to the extent those regulations apply to the Project • c. Fly America The Recipient understands and agrees that the Federal Govemment will not participate in the costs of international air transportation of any persons involved in or property acquired for the Project unless that air transportation is provided b} U.S.-flag air carriers to the extent service by these carriers is available, as required by the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U S C s 40119, in accordance with U S, GAO regulations, "Uniform Standards and Procedures for Transportation Transactions," • 4 C F R. Part 52, and U S GAO Guidelines for Implementation of the "Fly America Act," ` • • B.133942, 1991 U S Comp. Gen. LEXIS 2166, March 31. 1981 FTA NIAM 10-1.97, Pale 23 a~. tea.,«, - w~•. • r • Section 13. Relocation and Land Acquisition The Recipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U S C. 4601 ct M ; and U.S. DOT regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs,' 49 C F R Pan 24 Section 14. Seismic Safely. The Recipient agrees to apply the requirements of U.S. DOT regulations applicable to seismic safety requirements for U.S. DOT assisted construction projects at 49 C.F.R. Pan 41, (specifically, 49 C F.R. § 41.117), and any implementing guidelines FTA may issue. Section 15. Procur m a. Federal Standards. The Recipient agrees to comply wish applicable Procurement Standards of 49 C F.R § 18.36 or 49 C.F.R. 19.40 through 19.48 and Appendix A; and with supplementary regulations and directives, particularly FTA Circular 4220.1 D, "Third Party Contracting Requirements.' The FTA Best Practices Procurement Manual contains additional guidance. b. Project ARQrova!/fhird Party Contra Approval. Unless stated otherwise in writing. FTA's approval of the Project does not constitute pre-approval of any non-competitive third party contract awards associated therewith c. FTA Technical Review. If determined necessary for proper Project administration, FTA reserves the right to re%iew the Recipient's technical specifications and requirements. d Ej&u S on ryQr Discriminatory Spt-i iCallon~ Apart from inconsistent requirements imposed j by Federal statute or regulations, the Recipient agrees that it will comply with the requirements of 49 U S C § 5323(h)W by refraining from using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. • e Qus Seat Specifications A State or local government recipient may use specifications conforming with the requirements of 49 US C § 5323(e) to acquire bus seats f U" of Federal SuPRIy-Schedule State, local, and certain nonprofit Recipients may use a Federal Supply Schedule in making third party acquisitions only to the extent permitted by U.S. General Services Administration (U S GSA), U S DOT, or FTA regulations or guidance ti g Preference for Recycled Products To the extent practicable and economically feasible, the Recipient agrees to provide a competitive preference for products and services that conserve natural resources and protect the en-ironment and are energy efficient Examples ofsuch products may include, but are not limited to products described in U S En%irorunental Protection FTA NIA(4) 10.1-97, Page 24 n c~-1 . r s! !:o 60 r O I Agency (U.S. EPA) guidelines at 40 C F R. Parts 247-253, which implement section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U S C. § 6962. h Geophic Restrictions The Recipient agrees to refrain from using state or local geographic preferences, except those expressly mandated or encouraged by Federal statute, and as perrrutted by FTA, such as stated in Subsection 15 i of this Master Agreement below i Architectural. F in rn¢_ Dcsi¢n. or Related Ser♦ices. In acquiring architectural, engineering, or related services, the Recipient agrees to comply with the requirements of 49 U St. § 5325(d), by contracting for architectural, engineering, design or related services in the same way as a contract for architectural and engineering services is negotiated under titk IX of the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S C. 541 Cl M , or an equivalent qualifications-based requirement of the state. Provided a sufPtcient number of qualified firms are eligible to compete for the third party contract, geographic location may be a selection criterion This section does not apply to the extent a state has adopted or adopts by law formal procedures for procuring those services. j. Force Account, The Recipient agrees that FTA may determine the extent to which Federal assistance may be used to participate in force account costs k, Award to Othcr Than the Lowest Bidder. In accordance with 49 U.S C. § 5326(c), a Recipient may award a third party contract to other than the lowest bidder in connection with a procurement, when such award furthers objectives consistent with the purposes of 49 U.S.C chapter 53 and any implementing regulations, circulars, manuals, or other guidance FTA may issue I Rolling Stock. In acquiring rolling stock, the Recipient agrees as follows (1) A(ethod_Qf Acquisition the Recipient may acquire rolling stock by awarding the third party contract based on (a) a competitive procurement process, (b) the initial capital cost of the rolling stock, or (c) the performance, standardization, life cycle costs, and otf er factors pertaining to the rolling stock, in accordance with 49 U S C § 5325(b) (2) Pie-Award and Post-Delive , RM irgmen The Recipient agrees to comply with the requirements of 49 U S C § 5323(1) and FTA regulations, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C F R Part 663, and any recision thereto f . (3) Du3__T~ in To the extent applicable, the Recipient agrees to comply with the requirements of 49 L IS C. § 532'(c) and FTA regulations, "Bus Testing, 49 C.F.R. Part 665, and any, revision thereto O • O m ~jng The Recipient agrees to comply with the following bonding requirements. (1) Cjqnsruction Activities The Recipient agrees to comply with the bid guarantee, contract performance, and pa}ment bonding requirements for construction projects and activities set forth FTA MAI4) 10.1.97, Ptge 25 I l t Agency (U.S. EPA) guidelines at 40 C.F.R Pans 247-253, which implement section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962 h. Geearaohic Restrictions The Recipient agrees to refrain from using state or local geographic preferences, except those expressly mandated or encouraged by Federal statute, and as permitted by FTA, such as stated in Subsection 15 i of this Master Agreement below i, Arrhitwural Engineerina Design, or Related Services. In acquiring uchitectural, - engineering, or related services, thi Recipient agrees to comply with the requirements of 49 U S C. § 5325(d), by contracting for architectural, engineering, design or related services in the same way as a contract for architectural and engineering services is negotiated under title IX of the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 541 CI ems,, or an equivalent qualifications4msed requirement of the state. Provided a sufficient number of qualified firms are eligible to compete for the thud party contract, geographic location may be a selection criterion. This section does not apply to the extent a state has adopted or adopts by law formal procedures for procuring those services. j Force Account. The Recipient agrees that FTA may determine the extent to which Federal assistance may be used to participate in force account costs. k, Award to Other Than the Lowest Bidder. In accordance with 49 U.S.C. § 5326(c), a Recipient may award a third party contract to other than the lowest bidder in connection with a procurement, when such award furthers objectives consistent with the purposes of 49 U S ,C. chapter 53 and any implementing regulations. circulars, manuals, or other guidance FTA may issue I Rolling Stock. In acquiring rolling stock, the Recipient agrees as follows. (1) NjtLt~gd of Acquisition The Recipient may acquire rolling stock by awarding the third party contract based on (a) a competitive procurement process, (b) the initial capital cost of the rolling stock, or (c) the performance, standardisation, lire cycle costs, and other factors pertaining to the rolling stock, in accordance with 49 U S.C. § 5325(h) (2) Fre-Award and Post-Delivery R%uirenrent~ The Recipient agrees to comply with the • requirements of 49 U S C § 5323(1) and FTA regulations, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases,' 49 C F.R P.ut 663. and any rc%ision thereto ✓ (3) Bus Tes in To the extent applicable, the Recipient agrees to comply with the requirements of 49 U S C § 5323(c) and FTA regulations, `Bus Testing, 49 C.F.R. Part 665, and any revision thereto m Sondin The Recipient agrees to comply with the following bonding requirements. (1) Construction Activities The Recipient agrees to comply with the bid guarantee, contract performance, and payment bonding requirements fir construction projecis and activities set forth FTA MAat 10-1.97, Pane 25 30a. r • • in 49 C.F.R § 18.36(h) or 49 C.F R § 19.48(c), as applicable, and with any other bonding requirements FTA may issue (2) r Acti The Recipient agrees to comply with any other bonding requirements or restrictions FTA may impose, n Nailication of Federal Participation In the announcement of any third party contract award for goods or services (including construction services) hawing an aggregate value of $500,000 or more, the Recipient agrees to specify the amount of Federal assistance to be used in financing that acquisition of goods and services and to express the amount of that Federal assistance as a percentage of the total cost ofthat third party contract. Section 16, LUM a, Capital Leases To the extent applicable, the Recipient agrees to comply with FTA regulations, 'Capital Leases," 49 C F R Part 639, and any revision thereto, b. Leases Involving Certificates of Participation The Recipient agrees is , btain FTA concurrence before entering into a leasing arrangement involving the issuance of certificates of participa;ion in connection with the acquisition of any capital asset. c. Cross-Border Lem To the extent applicable, the Recipient agrees to comply with FTA Circular 7020 1, "Cross-Border Leasing Guidelines,' April 26, 1990, in connection with the acquisition of capital assets involving a cross-border lease. Section 17 Patent R4ht4 a General If any invention, improvement, or discovery of the Recipient or any of its third party contractors is conceived or first actually reduced to practice in the course c"Jr under the Project, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Recipient agrees to notify FTA immediately and provide a detailed report • b. Federal Right; Unless the Federal Government later makes a contrary determination in i venting, the rights and responsibilities of the Recipient, third party contractor, subrmipient W the ' Federal Government pertaining to that im ention, improvement, or discovery will be determined in accordance with applicable Federal laws, regulations, including any waiver thereof. Unless the • Federal Government later makes a contrary determination in writing, the Recipient agrees that, irrespective of its status or the status of any subrecipient or any third party contractor at any tier • • 0 e , a large business, small busiwx s, state government or sate instrumentality, local govemrrrertt, nonprofit organization, institution of higher rlvcation, individual, etc the Recipient agrees' , will transmit to FTA those rights due the Federal Government in any invention resulting from that third parry contract described in U S Department of Commerce regulations, "Rights to Inventions FTA ALA(4) 10.1.97. Page 26 31. s • i Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C F R Pan 401 Section 18 Rights in Data andsopyrirthU a [kfini i n. The term "subject data' used in this section means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the Grant Agreement or Cooperative Agreement Examples include, but are not limited to~ computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information The term "subject data" does not include financial reports, cost analyses, and similar information used for Project administration, b. F ral td ions The following restrictions apply to all subject data first produced in the performance of the Grant Agreement or Cooperative Agreement. (1) Except for its own internal use, 6,! Recipient may not publish or reproduce subject data in whole or in part, or in any manner or lorm, nor may the Recipient authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Govemment may have either released or approved the release of such data to the public. (2) The restriction on publication of Subsection 18 b(1) of this Master Agreement, however, does not apply to an Agreement with an institution of higher Icaming c E&raLft i to Data a -Cop~ riYht9 In accordance with 49 C F R § 18 34 and 49 C F.R § 19 36, the Federal Government resmes a royalty-free, non-exclusive and irrevocable tkense to reproduce, publish, or otherwise use, and to authorize others to use, for Federal Govemment purposes the "subiect data" described in the following Subsections 18 c(1) and 18 c(2) of this Master Agreement As used in the previous sentence. 'for Federal Government purposes.' means use only for the direct purposes of the Federal Government Without the copyright owner's consent, the Federal Government may not extend to other parties its license to, ( i ) Any subject data developed under the Grant Agreement or Cooperative Agreement, or under a third party contract or subagreement f naNed by the Grant Agreement or Cooperative Agreement, whether or not a cop~7ight has been obtained, and (2) Any rights of copyright to which a Recipient, subrecipient. or a third party contractor purchases ownership with Federal assistance d Sptsi f~Fed~ral~tights for Planning`~ese~rc_h_and DcvelgpM n Pr c FTA's purpose in providing financial assistance for a planning, research, development, or a demonsLation Project, is • to increase transportation knowledge, rather than limit the benefits of the Project to participants in the Project. Therefore, unless FTA determines otherwise, the Recipient of FTA financial assistance to support a planning, research, development, or a demonstration Project agrees that, in addition to the rights in data and copyrights of Subsection 18 c of this Master Agreement, FTA Ft'A SM41 10.1.97, Page 27 i S Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,' 37 C,F.R Part 401 Section 18. Rights in ata and Coovristhts a, fin' i . The term "subject data" used in this section means recorded information, whether or not copyrighted, that is delivered or sfecified to be delivered under the Grant Agreement or Cooperative Agreement. Examples include, but are not limited to: computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item idemifications, and related information. The term "subject data' does not include financial reports, cost analyses, and similar information used for Project administration. b Federal i n The following restrictions apply to all subject data first produced in the performance of the Grant Agreement or Cooperative Agreement: (1) Except for its own internal use, the Recipient may not publish or reproduce subject data in whole or in pan, or in any manner or form, nor may the Recipient authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public. (2) The restriction on publication of Subsection 19 b(t) of this Master Agreement, however, does not apply to an Agreement with an instituron of higher learning. :1~ In accordance with 49 C F R § 1834 and 49 C.F.R. c Federal i hts to Dat4P1n § 19 36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for Federal Government purposes the "subject data" described in the following Subsections I S.c( I) and 18.c(2) of this Master Agreement As used in the previous sentence. "for Federal Government purposes," means use only for the direct purposes of the Federal Government Without the copyright owners consent, the Federal Governmem may not extend to other parties its license to: (I ) Any subject data developed under the Grant Agreement or Cooperative Agreement, or under a third party contract or subagreement financed by the Grant Agreement or Cooperative • Agreement, whether or not a copyright has been obtained, and i (2) Any rights of copyright to which a Recipient. subrecipient. or a third party contractor purchases ownership with Federal assistance d ial F sal RiSht_L('Qr Plan nine. Research and v onmcnt Proietts FTA's purpose in ` providing financial assistance for a planning, research, development, or a demonstration Project, is • . to ;ncrease transportation knowledge. rather than limit the benefits of the Project to participants to the Project. Therefore, unless FTA determines otherwise, the Recipient of FTA financial assistance to support a planning, research, development, or a demonstration Project agrees that, in addition to the rights in data and copyrights of Subsection 18 c of this Master Agreement, FTA FTA NIM4) 101.97, Page 27 c • • may make available to any FTA recipient, subrecipient, third party contractor, or third party subcontractor, either FTA's license in the copyright to the subject data or a copy of the subject data if the Project, which is the subject of the Grant Agreement or Cooperative Agreement, is not completed for any reason whatsoever, all data developed under that Project shall become subject data as defined in Subsection 18 a of this Master Agreenxnt and shall be delivered as the Federal Government may direct. This Subsection I &A of this Master Agreement, however, does not apply to adaptations of automatic data processing equipment or programs for the Recipient's use whose costs are financed with Federal transportation funds for capital projects. e Hoid Harmless. Unless prohibited by state law, upon request by the Federal Government, the Recipient agrees to indemnify, save, and hold harmless the Federal Government and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Recipient shall not be required to indemnify the federal Government for any such liability caused by the wrongful acts of employees or agents of the Federal Government. f Rest kiQns on Access to Patent RiahtI Nothing contained in this section on rights in data shall imply a license to the Federal Goventment under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. g rlonlication to Materials 1nC0lDOrat d iniphe Pro1~c The requirements of Subsections 18,b, 18 c, and 18 d of this Master Agreement do not apply to material furnished by the Recipient and incorporated into the work carried out under the Grant Agreement or Cooperative Agreement, provided that the Recipient identifies the incorporated mat_ral at the time of delivery of the work Section 19 Real Propert~,Gquipm<«t, and Svpp!ies Unless otherwise approved by ETA, the following conditions apply to the treatment of real property, equipment, and supplies financed by the Grant Agreement or Cooperative Agreement a (lse of Propeni The Recipient agrees that Project real property, equipment, and supplies shall be used for appropriate Project purposes (including joint development purposes that generate program income (both during and after the award period) to support transit activities) for the duration of their useful life, as established by ETA Should the Recipient unreasonably delay or fail to use Project real property, equipment, or supplies during their useful life, the Recipient agrees that FTA may require the Recipient to return the entire amount of the Federal assistance expended on that property The Recipient further agrees to notify ETA immediately • when any Project real properly or equipment is withdrawn from Project use or when real property • or equipment is used in a manner substantially different from the representations made by the Recipient in its Application or the Project Description of the Grant Agreement or Cooperative Agreement for the Project FTA SIAflt 10.1.97, PW 28 33, • • b. General Federal Reguiremenls. A Recipient that is a stale, local, or Indian tribal government agrees to comply with the property management standards of 49 C F R. 1831 through IS 34, including any amendments thereto, and other applicable guidelines or regulations the Federal Government may issue. A Recipient that is an institution of higher education, a private nonprofit organization, or a for-profit organization agrees to comply with 49 C.F.R. 19.30 through 19.37, including any amendments therelo, and other applicable guidelines or regulations the Federal Government may issue. Exceptions to the requirements of 49 C F R. 18.31 through IS 34, and to 49 C, F.R. 19.30 through 19.37, must be specifically approved by the Federal Government. Nevertheless, FTA has established specific reimbursement requirements for premature i lspositions of certain Project equipment (Lt, when Project equipment is withdrawn from appropriate use before the expiration of the equipment's useful life established by FTA), as explained further in Subsection 19.g of this Master Agreement c hlaintenanee. The Recipient agrees to maintain Project rt d property and equipment in good opera.ir,tl order, and in compliance with any guidelines, directives, or regulations PTA may issue d. Record The Recipient agrees to keep satisfactory records with regard to the use of Project real property, equipment, and supplies, and submit to the FTA upon request such information as may be required to assure compliance with Section 19 of this Master Agreement, e mmbrartse of PrO' t ProMrrly The Recipient agrees to maintain satisfactory continuing control of Project real property or equipment. Thus, unless FTA authorizes otherwise in writing (1) Written Transactions. The Recipient agrees to refrain from executing any transfer of title, lease, lien, pledge, mortgage, encumbrance, third party contract, grant anticipation we, alienation, of other obligation that in any way uould affect the Federal interest in arty Project real property or equipment (2) Oral Transactions The Recipient agrees to refrain from obligating ilself in any manner to any third parry with respect to Project real property or equipment (3) Ot _ r A G ns The Recipient agrees to refrain from taking any action that would either advefsely affect the Federal interest or impair the Recipient's continuing control of the use of Project real property or equipment • f Transfer of ergjw Pro -e-ay The Recipient understands and agrees as follows ( I) eci ient Reouest The Recipient may transfer assets financed under 49 U S.C chapter 53 to a public body to be used for any public purpose with no further obligation to the Federal Government, provided that transfer is approved by the Federal Transit Administrator and • • conforms with the requirements of 49 US C §5334(g) (2) Federal v rnment Direction The Recipient agrees that the Federal Government may require the Recipient to transfer title to any real property, equipment, or supplies financed with Federal assistance made a%ailabte by the Grant Agreement or Cooperative Agreement as FTA NIA(4) 10.1.97, Page 29 4, • b. General r A Recipient that is a state, local, or Indian tribal government agrees to comply with the property management standards of 49 C. F.R. g§ 18.31 through 18.34, including any amendments thereto, and other ap, licable guidelines or regulations the Federal Government may issue. A Recipient that is an institution of higher education, a private nonprofit organization, or it for-profit organization agrees to comply with 49 C.F.R. 19 30 through 19.37, including any amendments thereto, and other applicable guidelines or regulations the Federal Government may issue Exceptions to the requirements of 49 C F.R. 1831 through 18.34, and to 49 C.F.R. 193) tbroogh 19.37, must be specifically approved by the Federal Government. Nevertheless, FTA has established specific reimbursement requirements for premature dispositions of certain Project equipment (j&, when Project equipment is withdrawn from appropriate use before the expiration of the equipment's useful life established by FTA), u explained further in Subsection 19.g of this Master Agreement. c. !Maintenance The Recipient agrees to maintain Project real property and equipment in good operath d older, and in compliance with any guidelines, directives, or regulations FTA may issue d. Records. The Recipient agrees to keep satisfactory records with regard to the use of Project real property, equipment, and supplies, and submit to the FTA upon request such information as may be required to assure compliance with Section 19 of this Master Agreement. e. Encymbrarnce of Project Property, The Recipient agrees to maintain satisfactory continuing control of Project real property or equipment. Thus, unless FTA authorizes otherwise in writing. (1) Written Transactions The Recipient agrees to refrain from executing any transfer of title, lease, lien, pledge, mongage, encumbrance, third party contract, grant anticipation note, alienation, or other obligation that in any way would affect the Federal interest in any Project real property or equipment, (2) Oral Transa't, ions The Recipient agrees to refrain from obligating itself in any manner to any third party «ith respect to Project real properly or equipment. (3) Other Actions The Recipient agrees to refrain fro.o taking any action that would either adversely affect the Federal interest or impair the Recipients continuing control of the use of Project real property or equipment • f Transfer of Project Prooenv. The Recipient understands and agrees as follows, (1) Reci i ntt Rgqu~jl The Recipient n,ay transfer assets financed under 49 U S.C chapter 53 to a public body to be used for any public purpose with no further obligation to the Federal Government, provided that transfer is approved by the Federal Transit Administrator and • conforms with the requirements of 49 U S C § 5334(8) • • (2) [ederalGo%ernmentDirection The Recipient agrees that the Federal Government may require the Recipient to transfer title to any real property, equipment, or supplies financed with Federal assistance made available by the Grant Agreement or Cooperative Agreement as FrA MA ; 10-1-97, Page 29 34, { . ._~.._.-_-ate .y.-. e • • permitted by ojther 49 CT R. 18.31 through 19 34, or 49 C.F.R § 19 3, as applicable. The Recipient :Jso agrees that the Federal Government may direct the disposition of rt-" property or equipment financed with Federal assistance funds made available for the Grant Agreement or Cooperative Agreement, as permitted by either 49 C F R 18.31 through 18.33, or 49 C.F.R. 19 32 through N 35, as applicable. (3) Leasing. Pri LP-(gMy to Another Party If the Recipient leases any Project asset to another party, the Recipient agrees to retain ownership of the leased asset, and assure that the lessee will use the Project asset appropriately, either through a "Lease and Supervisory Agreement" between the Recipient and lessee, or another similar document. Upon request by FTA, the Recipient agrees to provide a copy of any relevant documents g. Disposition of PrQicct Prop4w , The Recipient agrees that FTA may establish the useful life of Project property, and that the Recipient will use Project property continuously and appropriately t~ oughout the period of time of the property's useful life. (1) Project Protxnv `tVhov Ltvful Life Hai Er fired. For property whose useful life, as determined by FTA has expired, the Recipient agrees to comply with the property disposition requirements of tither 49 C F R Part 18 or 49 C F R Pan 19. (2) Proooct Propsrty Prematurely Withdr&wni om Use For property withdrawn from appropriate use before its useful tire has expired, the Recipient agrees to the following provisions. (a) V tjf a ion Requiremen . The Recipient agrees to notify FTA immediately when any Project real property, equipmenl, or supplies are prematurely withdrawn from appropriate use, whether by planned withdrawal, misuse, or casualty loss (b) Esdt-r;I In1SlSii in Prematurely Withdrawn Project Prop£py. Unless otherwise approved by the Federal Government, the Recipient agrees to remit to the Federal Government the Federal interest in the fair market value of Project real property, equipment, or supplies prematurely withdrawn from appropriate use The ar. -unt of Federal interest in the property shall be determined og the basis of the ratio of the Federal assistance awarded by the Federal Government fc• ;he property to the actual cost of the Property. The Recipient agrees to the following meth, -,s of calculating the fair market value of property prematurely withdrawn from • appropriate use 1 Equipment aand Suorlies Unless otherv,ise determined in writing by FTA, fair market value shall be calculated by straight line depreciation of the equipment or supplies, based on the useful life of the equipment or supplies established or approved by FTA The fair market value of equipment and supplies shall be the value immediately before the occurrence prompting • the withdrawal of that property from use. In the case of equipmem or supplies lost or damaged ~ • • by casualty or fire, the fair market value shall be calculated on the basis of the condition of that property immediately before the casualty or fire, irrespective of the extent of insurance coverage As authorized by 49 C F R § 18.32(b), a state may use its own disposition procedures, provided that the state's procedures comply with the laws governing that state FTA NW4) 10.1.97, Page 30 <35 y c _ is r r'< r iiiiijilillillililillillillililillillillillI • ' r Real PrQ 1gM. The fair market value of real property shall be determined either by competent appraisal based on an appropriate date approved by the Federal Government, in accordance with the standards of 49 C F R Part 24, or by straight line depreciation, whichever is greater. 1. E.xrrpcional Circumstances The Federal Government resen es the right to require the use of another method of valuation if determined to be in the best interests of the Federal Government. In unusual circumstances, the Recipient may request that another reasonable method of determining fair market value be used including, but not limited to, accelerated depreciation, comparable sales, or established market values, In determining whether to approve another method of valuation, the Federal Government may consider any action taken, omission made, or unfortunate occurrence suffered by the Recipient with respect to the preservation or conservation of the value of the real property, equipment, or supplies withdrawn from appropriate use for any reason h Misused or Damaged Prooertv. If any damage to Project real property, equipment, or supplies results from abuse or misuse occurring with the Recipient's knowledge and consent, the Recipient agrees to restore that real property or equipment to its original condition or refund the value of the Federal interest in the damaged property, as the Federal Government may require i Q¢1iyt 4 fiLi414Si QgsrM A Recipient that is a state, local, or Indian tribal government agrees that Project closeout will not alter its property management obligations of Section 19 of this Master Agreement and 49 C F R IS 31 through IS 34 A Recipient that is an institution of higher education, a private nonprofit organization, or a for-profit organization agrees that project closeout will not alter its property management obligations under Section 19 of this Master Agreement and 49 C F R 19 32 through 19 37 Section 20 lnsurancg Apart from other insurance requirements that may appiv to the Recipient, the R,rcipiemt agrees as follows a Insurance DurinaQn1tru ion At a minimum, the Recipient agrees to comply with the insurance requirements normally imposed by its state and local governments b Flood Ilazards The Recipient agrees to comply with the tlood insurance purchase provisions of section 102(a) of the Flood Disaster Protection Act of 1973, 42 U S C § 4012a(a), with respect to each Project activity involving construction or acquisition • Section 21 Prnlget \1~nag~ment fforL'vlajgr Capital_Projests • • The Recipient agrees to comply with FTA regulations, "Project Management Oversight," 49 C F R Part 633, and any revision thereto, applicable to a Major Capital Project FTA NIA(4) 10.1.97, Page 31 r I • r... • • r The fair market value of real property shall be determined either j. Rca rot>stty by competent appraisal based on an appropriate date approved by the Federal Government, in accordance with the standards of 49 C F R, Part 24, or by straight line depreciation, whichever is greater. 3 Evccp& n I i ur1L5tances The Federal Government reserves the right to require the use of another method of valuation if determined to be in the best interests of the Federal Government In unusual circumstances, the Recipient may request that another reasonable method of determining fair market value be used including, but not limited to, accelerated depreciation, comparable sales, or established market values. In determining whether to approve another method of valuation, the Federal Government may consider any action taken, to tM omission made, or unfortunate occurrence suffered by the Recipient with respect withdrawn preservation or conservation of the value of the real properly, equipment, supplies from appropriate use for any reason. h Misused Dam fed Proneny. If any damage to Project real property, equipment, or supplies results from abuse or misuse occurring with the Recipient's knowledge and consent, the Recipient agrees to restore that real property or equipment to its original condition or refund the value of the Federal interest in the damaged properly, as the Federal Government may require i Oblizations Afier Proiect Closeout. A Recipient that is a state, local, or Indian tribal government agrees that Project closeout will not alter its property management obligalions of Section 19 of this Master Agreement and 49 C F R. g 18.31 through 18.34 A Recipient that is an institution of higher education, a private nonprofit organization, or a for-profit organization agrees that project closeout will not alter its property management obligations under Section 19 of this Master Agreement and 49 CF R 55 19 32 through 19 37 Section 20 n urance Apart from other insurance requirements that may apply to the Recipient, the Recipient agrees as follows 1 a Insurance D rin nstru i n Ala minimum, the Recipient agrees to comply with the • insurance requirements normally imposed by its state and local governments b Flood Hazards The Recipient agrees to comply with the tlood insurance purchase provisions of section 102(a) of the Flood Disaster Protection Act of 1973.42 1.t S C § tOl2a(a), with respect to each Project activity imohing construction or acquisition Section 21 Proiecl Manaaem n b ~Sa'or o,1 Pr The Recipient agrees to comply with FTA regulations. %Project Management Oversight,' 49 C F R Pan 63Y. and any revision thereto, applicable to a Major Capital Project FiA NIA(4) 10.1.97, Page 31 .7~P . a. • • Section 22. Civil Ri ht a. Prohibitions Against Discrimination in Federal Programs The Recipient agrees to comply with, and assure compliance by each third party contractor at any tier and each subreci~ent at any tier under the Project, with all requirements of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 20006, 49 U.S.C. § 5332; and DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act," 49 C F.R Part 21, and any implementing requirements FTA may issue, b. Eg ual Employment Op rtunity. The Recipient agrees to comply with, and assure compliance by each third party contractor at any tier and each subrecipient at any tier under the Project, with all requirements of Title V11 of the Civil Rights Act of 1964, as ame,:ded, 42 U.S.C. § 2000e, and 49 U S.C. § 5332 and any implementing requirements FTA may issue. Specifically, the Recipient agrees to comply with the following equal employment opportunity (EEO) requirements: (1) General Rea it m n . The Recipient agrees as follows: (a) The Recipient agrees that it will not discrimirate against any employee or applicant for employment because of race, color, creed, sex, disability, age, or national origin. The Recipient agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, creed, sex, disability, age, or national origin Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship The Recipient also agrees to comply with any implementing requirements FTA may issue. (b) If the Recipient is required to submit and obtain federal Government approval of its EEO program, that EEO program approved by the Federal Government is incorporated by reference and made pan of the Grant Agreement or Cooperative Agreement Failure by the Recipient to carry out the terms of that EEO program shall be treated as a violation of the Grant Agreement or Cooperative Agreement Upon notification to the Recipient of its failure to carry out the approved EEO program, the Federal Government may impose such remedies as it considers appropriate, including termination of Federal financial assistance in accordance with Section I 1 of this Plaster Agreement, or other nwasures that may affect the Recipient's eligibility • to obtain future Federal financial assistance for transportation projects i (2) Equal Emplooyment 0pportunity Requirements for Construction Activities With respect to construction activities. the Recipient agrees to comply with all applicable EEO requirements of U S Department of Labor (U S DOI.) regulations. 'Office of Federal Contract Compliance Programs, Equal Empl.,yrment Opportunity, Department of Labor," 41 C F.R. Parts 60 !i M, C (which implement Executive Order No 11246, "Equal Employment Opportunity," as amended by • 0 Executive Order No 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U S C § 2000(e) and any Federal statutes, executive orders, regulations, mid Federal policies that may affect construction activities undertaken in the course of the Project fTA MA14) I W-97, Page 32 c, ♦ ♦ :.r c. P'sadvantast u i s nt ri The Recipient agrees to take the following measures to facilitate participation by disadvantaged business enterprises (DBE) in the Project (1) The Recipient agrees to comply with current U S DOT regulations on DBE participation in U S DOT financial assistance programs, at 49 C F R Part 23 or at another Part if re-issued, and any requirements or guidance FTA may issue (2) The Recipient agrees that it will not discriminate on the basis of race, color, national origin, or sex in the award and performance of any third party contract, or subagreement financed with Federal assistance derived from the U.S DOT. The Recipient agrees to lake all necessary and reasonable steps required by U.S. DOT regulations to ensure that eligible DBEs have the maximum feasible opportunity to participate in third party contracts financed with Federal assistance awarded by U S DOT. If the Recipient is required by U S. DOT regulations to have a DBE program, the DBE program approved by U.S. DOT is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. Implementation of that DBE program) is a legal obligation, and failure to carry out its terms shall be treated as a violation of the Grant Agreement or blaster Agreement Upon notifying the Recipient of any failure to implement its approved DBE program, U S DOT may impose sanctions as provided for under its regulations and may, in appropriate cases, refer the matter for enforcement under 18 U S C_ § 1001:, and the Program Fraud Civil Remedies Act, 31 U S C 3801 U ,sq d Ace s uirerrsenls for Persons with Dim ilitic1 The Recipient agrees to comply with alt requirements applicable to the Project of the Americans with Disabilities Act of 1990 (ADA). as amended, 42 U S C 12101 CI Leg, section 504 of the Rehabilitation Act of 1973, as amended, j 29 U S C § 794, 49 U S C § 5301(d), and the following Federal regulations including any amendments thereto (1) U S DOT regulations. "Transportation Smices for Individuals with Disabilities (ADA)," 49 C F R Part 37; (2) U S DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and .Activities Receiving or Benefiting from Federal Financial Assistance," 49 C F R Part 27, (3) U S DOT regulations. "Americans With Disabilities (ADA) Accessibility Specifications • for Transportation Vehicles," 49 C F R Part 38. (4) U ° DO] regulations, "Nondiscrimination on the Basis of Disability in State and Local ' Government Smices," 28 C F R Part 35, (5) U S DOJ regulations, "Nondiscrimination on the Basis of Disability by Public • Accommodations and in Commercial Facilities," 28 C F R Part 36, (6) U S GSA regulations. "Accommodations for the Physically Handicapped," 41 C F.R. Subpart 101.19. FTA NIA(4) 10-1.97, Page 33 ; • .Yr' • • r C' QLsa Int wed 8usines• Fmcrorise The Recipient agrees to take the following measures to facilitate participation by disadvantaged business enterprises (I)BE) in the Project (l) The Recipient agrees to comply with current U.S DOT regulations on DBE participation in U.S DOT financial assistance programs, at 49 CT R. Part 23 or at another Part if reissued, and any requirements or guidance FTA may issue. (2) The Recipient agrees that it will not discriminate on the bass of race, color, national origin, or sex in the award and performance of any third party contract, or subagreement financed with Federal assistance derived from the U.S. DOT. The Recipient agrees to take all necessary and reasonable steps required by U.S. DOT regulations to ensure that eligible DBEs have the maximum feasible opportunity to parsicipate in third party contracts financed with Federal assistance awarded by U.S. DOT. If the Recipient is required by U S. DOT regulations to have a DBE program, the DBE program approved by U S• DOT is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement Implementaticio of that DBE program is a legal obligation, and failure to carry out its terms shall be treated as a violmion of the Grant Agreement or Mauer Agreement Upon notifying the Recipient of any failure to implement its approved DBE program, U.S. DOT may impose sanctions as provided for under its regulations and may, in appropriate cases, refer the matter for enforcement under 18 U S C. § 1001, and the Program Fraud Civil Remedies Act. 31 U S C. 3901 tJ d Acei< s Reg%irrments for Persons v<ith Disc ilities The Recipient agrees to comply with all requirements applicable to the Project of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U S C 12101 S1 5Sg . section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S C. § 794.49 U S C § 5301(d). and the following Federal regulations including any amendnwnts thereto (1) U S DOT regulations, "Transportation Services for Individuals with Disabilities (ADA),0 49 C F R Pan 31; (2) U.S. DOT regulations. "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from federal Financial Assistance," 49 C,F R Part 21; • (3) U S DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles." 49 C F R Part 38. (4) U S DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local ' Government Smites." 28 C F R Part 35, • (5) U.S DO) regulations. "Nondiscrimination on the Basis of Disability by Public • • Accommodations and in Commercial Facilities," 28 C F R Pan 36, (6) U.S GSA regulations, "Accommodations for the Physically Handicapped," 41 C F. R. Subpart 101.19. - FTA Iv1At4t 10.1.91, Pale 33 ,k • i (7) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C F R Part 1630; (8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled; 47 C F R. Part 64, Subpart F; and (9) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C F R. Part 609, (10) Any implementing requirements FTA may issue Section 23. E plovee Prgtection; a, Construction Activities. The Recipient agrees to comply with the employee protection requirements for construction employees as follows (1) Davis-Bacon Act_ as amended, 49 U S C § 5333(a), the Davis-Bacon Act, 40 U.S.C. 276a through 276a(7), and implementing U S DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C F R Pan 5 (2) Contract Work IIgurs and Safety Standard ~St 3s~S~t4. specifically section 102 of that Act, 40 U.S C. 327 through 332. and implementing U S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C F R Part 5; and section 107 of that Act, 40 U S.C § 333, and implementing U S DOL regulations. 'Safety and Health Regulations for Construction,' 29 C F R Part 1926 (3) C9oland "AntiL k ack" Acts amen(td 18 U S C § 874 and 40 U.S C. § 276c, and • implementing U,S DOL regulations, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States," 29 C,F R Part 3 b A fvi ies N Inv~lvin on rvc ion The Recipient agrees to comply with and assures compliance by other Project participants with applicable employee protection requirements for nonconstruction employees of section 102 of the Contract Work Hours and Safety Standards Act, - as amended, 40 U S C 327 through 332, and im^lementing U S DOL regulations, 'Labor • • Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruaion Contracts Subject to the Contract Work Hours and Safety Standards Act)." 29 C F R Part 5. FTA MAO) 10.1.97. Page 34 i y; x t . In -M • • Local Govemment F.moloveey The Recipient agrees that the minimum wage and c 51g, to overtime provisions of the Fair Labor Standards Act, as amended, 29 U S.C. 206 and 207, apply, to employees performing work involving commerce, including such state and kcal govemment employees as public transit authority employees, participating in the Project. Consequently, each Recipient that is a stare or local government agrees to comply with the Fair Labor Standards Act's minimum wage and mertime requirements for employees performing work in connection with the Project d Transit Employee Protective Arrangements If the Grant Agrecment or Cooperative Agreement indicates that U.S. DOL transit employee protective arrangements apply to transit operations performed in connection with the Project, the Recipient agrees to comply with the appropriate requirements below applicable to its Project: (1) Standard Transi Fm lloyee Protective Arraneeme To the extent that transt operations are involved in the Project, the Recipient agrees to carry out the Project in compliance with terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of any employees affected by the Project and to meet the requirements of 49 U S C. § 5333(b), and U,S. DOL guidelines, "Section 5333(6), Federal Transit law," 29 C.F.R Part 215 and any amendments thereto. These terms and conditions are identified in U. S. DOL's certificatir:, of transit employee protective arrangements to PTA, the date o£w'tich is included in the Grant Agreement or Cooperative Agreement The Recipient agrees to carry out the Project in compliance with the conditions stated in that U S. DOL certification. That U S DOL certification and any documents cited therein are incorporated by reference and made part of the Grant Agreement or Cooperative Agreement The requirements of this Subsection 23 d(I) of this Master Agreement, however, do not apply to formula assistance projects for the elderly and persons with disabilities authorized by 49 U S C § 5310(ax2) or to formula assistance projects for nonurbanized areas authorized by 49 U S C § 5311, separate requirements for those projects are contained in Subsections 23 d(2) and 23 d(3) of this Master Agreement (2) TrAnss mployee REQI-c ive Arrangements for Projects fQr the Elderly and Pte -1. h_ , ent that the U S. Secretary Disabilities Authorized by_49 UPS X531 0 -Y a 21 To the of Transportation has determined or determines in the future that employee protective arrangements required by 49 U S,C § 5333(b) are necessary or appropriate for a public body subrecipient under the Project, the Recipient agrees to carry out the Project in compliance with the terms and conditions determined by the Secretary of Labor necessary to meet the requirements of 49 U S C. 5333(b), and U S DOL guidelines, "Section 5333(b), Federal Transit Law," at 29 C F R. Part 215, and any amendments thereto These terms and conditwns are identified in L' DOL's cenification of transit employee protective arrangements to FTA, the date of which is included in the Grant Agreement or Cooperative Agreement The Recipient agrees to carry out the Project in compliance with the conditions stated in that U S DOL certification That U S. DOL certification • and any documents cited therein are incorporated by reference and made part of the Grant • Agreement or Cooperative Agreement (3) Transit Fmp%- ce_Proiecti_vg Arrangements fpr Pro}ects in Nonurban'z Arta. 1uLhoriz y a9 U S C _§_S? I I The Recipient agrees to comply with the terms and conditions FTA UAOi 16-1-97, Page 35 • c. State and Local Government Emoiovices. The Recipient agrees that the minimum wage and overtime provisions of the Fair Labor Standards Act, as amended, 29 U.S.C. 206 and 207, apply to employees performing work involving commerce, including such state and local government employees as public transit authority employees, participating in the Project. Consequently, each Recipient that is a state or local government agrees to comply with the Fair Labor Standards Act's minimum wage and overtime requirements for employees performing work in connection with the Project d. Transit Ernployec Protective Arrangements If the Grant Agreement or Cooperative Agreement indicates that U.S. DOL transit employee protective arrangements apply to transit operations performed in connection with the Project, the Recipient agrees to comply with the appropriate requirements below applicable to its Project: (1) Standard Transit Emplovee Protective Arrangement To the extent that transit operations ue involved in the Project, the Recipient agrees to carry out the Project in compliance with terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of any employees affected by the Project and to meet the requirements of 49 U S C. § 5333(b), and U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," 29 C.F.R. Part 215 and any amendnwnts thereto. These terms and conditions ue identified in U.S. DOL's certification of transit employee protective arrangements to FTA, the date of which is included in the Grant Agreement or Cooperative Agreement. The Recipient agrees to carry out the Project in compliance with the conditions stated in that U.S. DOL certification. That U.S. DOL certification and any documents cited therein are incorporated by reference and made part of the Chant Agreement or Cooperative Agreement The requirements of this Subsection 23.d(I) of this Master Agreement, however, do not apply to formula assistance projects for the elderly and persons with disabilities authorized by 49 U S C § 5310(a)(2) or to formula assistance projects for nonurbanized areas authorized by 49 U S C § 5311, separate requirements for those projects are contained in Subsections 23 d(2) and 23 d(3) of this Master Agreement. (2) ra i RlQyrr Protective Arrangements for Projects for the Elderly and Persons with Disa ili i Authorized by 49 U S C v, 5310(ax21 To the . ent that the U. S. Secretary of Transportation has determined or deter nines in the future that employee protective arrangements required by 49 U S C § 5333(b) are necessary or appropriate for a public body subrecipient under the Project, the Recipient agrees to carry out the Project in compliance with the terms and • conditions determined by the Secretary of Labor necessary to meet the requirements of 49 U S C. § 5333(b), and U S DOL guidelines, "Section 5333(b), Federal Transit Law," at 29C F.R, Part 215, and any amendments thereto These terms and conditions are identified in U.S. DOL's certification of transit employee protective arrangements to FTA, the date of which is included in the Grant Agreement or Cooperative Agreement The Recipient agrees to carry out the Project in compliance with the conditions stated in that U S DOL certification. That U S. DOL certification • and any documents cited therein are incorporated by reference and made part of the Grant Agrroment or Cooperative Agreement `J (3) Transit EnimloyCg Protective arrangements for Proiects in Nonurbjnized Areas Authorized by 49 U S C : 5211 The Recipient agrees to comply with the terms and conditions FTA M00 0-1-97. PW35 io. 4L C pa~ • • of the Special Warranty for the Norturbanized Area Program agreed to by the Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U S. DOL or any revision thereto. Section 24. I nin gn Privat Enterprii a. ETA Requirements The Recipient agrees that each "roject financed under the Grant Agreement or Cooperative Agreement will be implemented consistent with the plans developed in accordance with applicable planning and private enterprise requirements of 49 U.S.C. 5303 through 5306, &M joint Federal Highway Administration (FHWA)iFTA regulations, 'Planning Assistance and Standards,' 23 C F. R Part 450 and 49 C F R. Part 613. b Lnfra=glkre investment. In implementing the Project, the Recipient agrees to consider the provisions of Executive Order No. 12803, "htfrastructure Privatization " 57 W &U 19063, May 4, 1992; and Executive Order No. 12893, "Principles for Federal Infrastructure Investments," 59 Rss 4233, January 26, 1994 Section 25. Fmironmental Requirements The Recipient recognizes that many Federal and state laves imposing environmental and resource conservation requirements may apply to the Project Some, but not all, of the major Federal laws that may affect the Project include the National Environmental Policy Act of 1969, as amended, 42 U S C 4321 it ssg ; the Clean Air Act, as amended, 42 U S C 7401 g M and scattered sections of 29 U S C ; the Clean Water Act, as amended, 33 U S C 1251 - 1387 ; the Resource Conservation and Recovery Act, as amended, 42 U S C 6901 rd aq ; am the Comprehensive Emirormental Response, Compensation, and Liability Act, as amended, 42 U S C 9601 el ~cq The Recipient also recognizes that U S EPA, FHWA and other agencies of the Federal Government have issued and are expected in the future to issue regulations, guidelines, standards, orders, directives, or other requirements that may affect the Project Thus, the Recipient agrees to adhere to, and impose on each subrecipient and each third party contractor, any such Federal requirements as the Federal Government may now or in the future promulgate Listed below are requirements of particular concern to FTA and the Recipient The Recipient acknowledges that this list does not constitute the Recipient's entire obligation to meet all Federal environmental and resource conservation requirements a Emir nmenta Pr tech The Recipient agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U S C 4321 !S Min accordance with Executive Order No 12898, 'Federal Actions to Address Environmental Justice • in Minority Populations and Low-income Populations.' 59 W Rey 7629, Feb. 16, 1994; FTA O • statutory requirements on env ironmental matters at 49 U S C § 5324(b), Council on Environmental Quality regulations on compliarxe with the National Environmental Policy Act of 1969, as amended, 40 C F R Part 1500 si Kq , and joint F[iN%'XFTA regulations, 'Environmental Impact and Related Procedures.' 13 C F R Pan 771 and 49 C F.R. Part 622, F7A MA (4) 10.1.97, Pate 36 ~t f _iI c • J • r. b, Air Quality. The Recipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U S C. 7401 cl SS9 Sl, ecifically. ( I) The Recipient agrees to comply with applicable requirements of U.S. EPA regulations, "Conformity to State or Federal Implementation Plans of Transportation. Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U S C. or the Federal Transit Act," 40 C F R Part 51, Subpart T; and 'Determining Conformity of Federal Actions to State or Federal Impl;mentation Plans,' 40 C.F.R. Part 93. To support the requisite air quality conformity finding for the Project, the Recipient agrees to implement each air quality mitigation and control measure incorporated in the Project The Recipient agrees that any Project identified in an applicable State Implementation Plan (SIP) as a Transportation Control Measure, will be wholly consistent with the design concept and scope of the Project described in the SIP. (2) U.S. EPA also imposes requirements implementing the Clean Air Act, as amended, that may apply to transit operators, particularly operators of large transit bus fleets Thus, the Recipient should be aware that the following U S EPA regulations, among others, may apply to its Project 'Control of Air Pollution from Motor Vehicles and Mutor Vehicle Engines," 40 C F R Put 85, "Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines Certification and Test Procedures,` 40 C F R Part 86; and "Fuel Economy of Motor Vehicles," 40 C F R Pan 600 c Ckan Water The Recipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Water Act, as amended, 33 U S C 1251 tj d Uslgf Public Lands The Recipient agrees that no publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, state, or local significance as determined by the Federal, state, or local officials having jurisdiction thereof, or any land from i historic site of national, state, or local significance may be used for the Project unless the FTA makes the specific findings required by 49 U S C § 303 e Historic Preservation The Recipient agrees to assist the Federal Government in complying with section 106 of the National Historic Preservation Act, 16 U S C § 470f, involving historic and archaeological preservation as follows (1) The Recipient agrees to consult with the State Historic Preservation Officer concerning investigations to identify properties and resources included in or eligible for inclusion in the ' National Register of Historic Places that may be affected by the Project, in accordance with Advisory Council on Historic Preservation regulations, 'Protection of Historic and Cultural Properties," 36 C F R Part 800, and notifying FTA of thou properties so affected l J (2) The Recipient agrees to comply with all Federal requirements to avoid or mitigate adverse effects on Ow se historic properties F1A NIAt41 10.1.97, Past 37 `ati..~..~.,.,~.-..,... • • b. Air ilb. The Recipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 US C. 7401 415!9 Specifically: (1) The Recipient agrees to comply with applicable requirements of U.S. EPA regulations, "Conformity to State or federal lmplemenl6c.ft F tuns of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act,' 40 C.F.R. Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans,' 40 C F.R. Part 93 To support the requisite air quality conformity finding for the Project, the Recipient agrees to implement each air quality mitigation and control measure incorporated in the Project. The Recipient agrees that any Project identified in an applicable State Implementation Plan (SIP) as a Transportation Control Measure, will be wholly consistent with the design concept and scope of the Project described in the SIP. (2) U.S. CPA also imposes requirements implementing the Clean Air Act, as amended, that may apply to transit operators, particularly operators of large transit bus fleets. Thus, the Recipient should be aware that the folkwing U.S EPA regulations, among others, may apply to its Project "Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines," 40 C F R. Part 85; 'Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines Certification and Test Procedures,' 40 C.F.R Part 86; and *Fuel Economy ol'Motor Vehicles," 40 C F R Part 600 c. Clean Water. The Recipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Water Act, as amended, 33 U S.C. 1251 sl am d. Use of PubGe Lands. The Recipient agrees that no publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, state, or local signficance as determined by the Federal, state, or local officials having jurisdiction thereof, or any land from i historic site of national, state, or local significance may be used for the Project unless the FTA makes the specific findings required by 49 U. S C. § 303. a Historic Preservation The Recipient agrees to assist the Federal Government in complying with section 106 of the National Historic Preservation Act. 16 U S.C. § 470f, involving historic and archaeological preservation as follows • (1) The Recipient agrees to consult with the State Historic Preservation Officer concerning r investigations to identify properties and resources included in or eligible for inclusion in the ' National Register of Historic Places that may be affected by the Project, in accordance with Ad,.isory Council on Historic Preservation regulations, "Protection of Historic and Cultural • Properties," 36 C F R Part 500, and notifying FTA of those properties so sITectei , e The Recipient agrees to comply with all Federal requirements to avoid or mitigate J ad,,erse effects on those historic properties FrA NW41 IP. t.97, Page 37 ~ • s f Njitittation of AdNArN 6mi[onmmtal Effects. The Recipient agrees that if the Project should cause adverse environmental effects, the Recipient will take all reasonable steps to minimize those eR'ecis as required by 49 U.S.C. § 5324(b), and any other applicable Federal laws and regulations, specifically, the procedures of 23 C.F.R. Part 771 and 49 C F.R. Part 622 The Recipient agrees to undertake all environmental mitigation treasures that may be identified as commitments in applicable environmental documents (such as environmental assessments, environmental impact statements, memoranda of agreement, and statements required by 49 U.S.C. § 303) and with any conditions the federal Government has imposed in its finding of no significant impact or a record of decision. Those mitigation measures are incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. As soon as the Federal Government and the Recipient reach agreement on any deferred mitigation measures, those measures will then be incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. The Recipient agrees that any mitigation measures agreed upon may not be modified or withdrawn without the express written approval of the Federal Government Section 26. E gy Convn7ti,n. The Recipient ?grew to comply with the mandatory energy efficiency standards and policies within the applicable state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U S C 6321 td Nq Section 27. State Aana m n ar)~!s1 ni 'n m To the extent applicable, the Recipient agrees to comply with applicable requirements of joint FFIWAIFTA regulations. "Management and Monitoring Systems,' 23 C F R Parts 500 and 626, and 49 C F.R. Part 614 Section 28 Charter Seniy tali ns The Recipient agrees that neither it nor any transit op-•ator performing work in connection with the Project "Al engage in charter service operations, except as permitted by 49 U.S.C § 5323(d) and FTA regulations, "Charter Service," 49 C F R Part 604, and any amendments ttweto that may be issued Any charter sa%ice agreement required by these regulations is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement i Section 29, School Transportation Operations The Recipient agrees that neither it nor any transit operator performing work in connection with t + the Project will engage in school transportation operations for the transportation of students or school personnel exclusively in competition with private school transportation operators, except as permitted by 49 U S C § 5323(f) and FTA regulations, "School Bus Operations," 49 C.F.R. Part 605, and any amendments thereto that may be issued Any school transportation agreement FTA AtAt41 14.1-97, Page 38 43. er • r required by these regulations is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. Section 30. MetriSystem. To the extent required by U S DOT or FTA, the Recipient agrees to use the metric system of measurement in its Project activities, as may be required by 15 U.S.C. 205a CI 5M ; Executive Order No. 12770, "Metric Usage in Federal Government Programs,' 15 U S C. § 205a note, and other regulations, guide'•ines, and policies issued by U S. DOT or FTA. To the extent practicable and feasible, the Recipient agrees to accept p. oducts and services with dimensions expressed in the metric system of measurement. Section 31. Substarxe Abuse a Q&gs bgsss The Recipient agrees (1) The Recipient agrees to comply with U S DOT regulations, "Drug-Free Workplace Requirements (Grants)," 49 C F R Pan 29, Subpart F. (2) To the extent applicable, the Recipient agrees to comply with FTA regulations, „ "Prevention of Prohibited Drug Use in Transit Operations," 49 C F R Pan 653, and any guidance pertaining to the drug abuse provisions of 49 U,S. C. § 5331 that FTA or U S. DOT may issue, b Alcohol Abu To the extent applicable, the Recipient agrees to comply with FTA regulations, "Prevention of Alcohol Misuse in Transit Operations," 49 C F R Part 654, and any guidance pertaining to the alcohol abuse provisions of 49 U S C § 5331 that FTA or U S DOT may issue Fixei~Gui vvay !'u~lic SYSte Section 3: tat afety_4Tgrsight Of Rail To the extent applicable, the Recipient agrees to comply with 49 U S C. § 5330, and FTA regulations, "Rail Fixed Guideway Systems, State Safety Oversight," 49 C F R Pan 659 and any guidance pertaining to state safety oversight of rail fired guideway systems that FTA or U S DOT may issue to implement 49 U S C § 5330 Section 33 Speciall RMuimn-Bents f r 'r anized Area Form I r c_M The following requirements apply to projects financed with Federal assistance authorized for 49 U.S C §530T a UreLgn d Se rvi The Recipient agrees to use its established administrative process to solicit and consider public comment before raising fares or implementing a major reduction of senice , FTA SIA40 10.1.97, Pape 39 I F ~ U • required by these regulations is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. Section 30. brk To the extent required by U.S DOT or FTA, the Recipient agrees to use the metric system of measurement in its Project activities, as may be required by 15 U.S.C 205a gl iSR; Executive Order No. 12770, "Metric Usage in Federal Government Programs," 15 U S C. § 205a note; and other regulations, guidelines, and policies issued by U S DOT or FTA. To the extent practicable and feasible, the Recipient agrees to accept products and services with dimensions expressed in the metric system of measurement. Section 31. 1;~~haance A use a. paa-Au¢ug, The Recipient agrees (1) The Recipient agrees to comply with US DOT regulations, "Drug-Free Workplace Requirements (Grants)." 49 C.F.R. Pan 29. Subpart F. (2) To the extent applicable, the Recipient agrees to comply with FTA regulations. "Prevention of Prohibited Drug Ux in Transit Operations," 49 C F R Pan 653, and any guidance pertaining to the drug abuse provisions of 49 U.S C. § 5331 that FTA or U.S. DOT may issue b Aicnhol Abuts. To the extent applicable, th•. Recipient agrees to comply with FTA Dany 49 U.S C Operations,* 49 C.F R. Part 654, T § 5331 that FTA or U S DO regulations, " arts no he alcohol abuse proms o Transit guidance pert ~ i g t may issue Section 32 tat Sa i:t. 0 ersight of Rail Fixed uideuav Pub Eic 5 {ems To the extent applicable, the Recipient agrees to comply with 49 U S C § 5330, and FTA regulations, "Rail Fixed Guide«ay Systems. State Safety Oversight," 49 C F R. Pan 659 and any guidance pertaining to state safety ovt:rsight of rail fixed guideway systems that FTA or U.S. • DOT may issue to implement 49 U S C § 5330 cia R[VUi °ments for E'rbanized Area FQr_mu!~3r_giss3 The following Section 33 SRS requirements apply to projects financed with Federal assistance authorized for 49 U SC. § 5307 • a Fares and S rvic The Recipient agrees to use its established administrative process to • • solicit and consider public comment before raising farts or implementing a major reduction of service ` FCA SIAM) 10.1.97. Page 39 9 lp • • b. Aszds 8 iEqu remt The Recipient agrees that the Federal Government may conduct or require the Recipient to engage an independent entity to conduct annual or more frequent reviews and audits required by 49 U.S C § 5307(1) and applicable regulations or guidelines that the Federal Government may issue, c, Half Fare Requirements. The Recipient agrees that the rates charged the elderly and persons with disabilities during nonpeak hours fa transportation using or involving Project facilities and equipment will not exceed one-half of the rates generally applicable to other persons at peak hours, whether the operation of such facilities and equipment is by the Recipient or is by another entity under lease or otherwise. The Recipient agrees to give the rate required herein to tiny person presenting a Medicare card duly issued to that individual pursuant to title 11 or title XVII I ofthe Social Security Act, 42 U S C. 401 cl M, and 1395 rd Xq respectively d Procurement of in Associated Capital Maintenance Product. In accordance with the provisions of :9 U.S.C. § 5325(c), the Recipient may, without prior Federal approval, procure an eligible associated capital maintenance product by contract directly with the original manufacturer or supplier of the item to be replaced, p, ovided that the Recipient: (1) first certifies in writing that such manufacturer or supplier is the only source of that item and the price of that hem is no higher than the price paid for that item by like customers, and (2) complies with applicable Buy America statutory and regulatory requirements e. Transit Security, Each fiscal year, the Recipient agrees to spend at least one (1) percent of its funds authorized by 49 U.S C. § 5307 for transit security projects, unless the Recipient has certified to FTA that such expend'itures are not necessary, f Restrictions on Use of Formula Assistance for U ations. Financial assistance for operations authorized by 49 U SC § 5307 may be applied to the Nei Project Cost of the Recipient's operating expenses incurred during the Project time period specified in the Approved Project Budget, provided that the applicable operating assistance limitation is not exceeded g in Re air mew For each fiscal year, the R►cipient agrees to conform, and assures 1 that any transit operator to which the Recipient provides funds authorized by 49 U S.C. § $307 µZll conform, to the reporting system and the uniform system of accounts and records required by 49 U S C. § 5335(a) for FTA's national transit database and FTA regulations, 'Uniform System of • Accounts and Records and Reporting System,' 49 C F R. Pan 630, which includes various reports required for FTA's national transit database h. Criminal SanctionI Any certificate or submission in connection with an Urbanized Area Formula Program authorized by 49 U S C § 5307 is subject to 49 U S.C. § 1001 Section 34, 5Mi-p Kequirements for Formula Prp6Nls &r t he_FI~ rlr and Persons With Q bi itie The following requirements apply to projects financed with Federal assistance authorized for 49 U S C §5310. FTA NIA14t 10-I-97, Page 40 c4_n,, T • • a Eligible Subrecpicnts If the Federal financial assistance awarded for the Grant Agreement or Cooperative Agreement has been authorized for projects under 49 U,S C, § 53I0(a)(2), the Recipient will provide assistance only to subrecipients that qualify as one of the following types of entities (1) a private nonpnu t corporation or association meeting the special needs of the elderly and persons with disabilities for whom transit services are unavailable, insufficient, or inappropriate; (2) a public body, approved by the state to coordinate services for the elderly and persons with disabilities; or (3) a public body that certifies to the Governor that no nonprofit corporations or associations are readily available in its area to provide service to meet the special needs of the elderly and persons with disabilities. b. State Procedures. In general, the Recipient agrees to administer each Project financed under 49 U S C. § 5310 in accordance with FTA Circular 9070.1 D, any revision thereto, and other FTA implementing guidance, and applicable Federal statutes and regulations. However, to the extent that existing or subsequent Federal statutes or regulations conflict with the provisions of FTA Circular 9070. ID or any revision thereto, the Federal statutes or regulations wilt apply. c Eligible Projg5l Activities; Federal financial assistance awarded for the Project may be used for eligible capital projects specified under 49 U S C § 53I0 and may include meal delivery service to the extent permitted by 49 U S C § 5310(h) d Transfer of Assets In addition to the statutory authority to transfer Project assets provided by 49 U S C § 5314(g). the Recipient may transfer facilities and equipment acquired with financial assistance authorized for 49 U S C § 5311 to any recipient eligible to receive assistance authorized by 49 U S C chapter 53, prodded that the subrecipient currently in possession of such facilities or equipment consents to the transfer and the facilities or equipment will continue to be used in accordance with the requirements of 49 U S C ` 5311 Section 35 5 vial Requirements for \onurban'v_ed Area Formula Projws The following requirements apply to projects financed with Federal assistance authorized for 49 U S.C. § 5311 a StalSj rocedurgs In general, the Recipient agrees to administer each Project financed under 49 U S C § 5311 in accordance with FTA Circular 9040 ID, any revision thereto, and other FTA implementing guidance, and applicable Federal statutes and regulations. However, to the extent that existing or subsequent Federal statutes or reputations conflict with the provisions of FTA Circular 9040 1D or any revision thereto. the Federal statutes or regulations will apply b Ll g;s¢le Protect Activities Federal financial assistance provided under the Grant Agreement or Cooperative Agreement may be used for transit projects in areas other than urbanized areas These projects must be eligible for Federal financial assistance authorized for 49 U S C § 5311, t and may include purchase of service agreements with private providers of transit service and meal • delivery service, to the extent permitted by 49 U S C 5311 c Transfer of &Kts In addition to the statutory authority to transfer Project assets provided by 49 U S C § 5334(8). the Recipient may also transfer facilities and equipment acquired with FTANIAt4t tat•97.Page 4 3 • • a Elistible Subrecipient~. if the federal financial assistance awarded for the Grant Agreement or Cooperative Agreement has been authorized for projects under 49 U.S.C. § 5310(ax2), the Recipient will provide assistance only to subrecipients that qualify as one c f the following types of entities (1) a private nonprofit corporation or association meeting the special needs of the elderly and persons with disabilities for whom transit services are unavailable, insufficient, ew inappropriate; (2) a public body approved by the state to coordinate services for the orderly and persons with disabilities, or (3) a public body that certifies to the Governor that no nonprofit corporations or associations are readily available in its area to provide service to meet the special needs of the elderly and persons with disabilities, b. Mate Procedures In general, the Recipient agrees to administer each Project financed under 49 U S C. § 5310 in accordance with FTA Circular 9070.1 D, any revision thereto, and other FTA implementing guidance, and applicable Federal statutes and regulations. However, to the extent that existing or subsequent Federal statutes or regulations conflict with the provisions of FTA Circular 9070.1 D or any revision thereto, the Federal statutes or regulations will apply, c. li¢ible Proiect Activiti Federal financial assistance awarded for the Project may be used for eligible capital projects specified under 49 U.S C § 5310 and may include meal delivery service to the extent permitted by 49 U S C § 5310(h) d IranLfir-QUAL%U In addition to the statutory authority to transfer Project assets provided by 49 U.S.C. § 5334(8), the Recipient may transfer facilities and equipment acquired with financial assistance authorized for 49 U S.C. § 5311 to any recipient eligible to receive assistance authorized by 49 U S C chapter 53, provided that the subrecipient currently in possession of such facilities or equipment consents to the transfer and the facilities or equipment will continue to be used in accordance with the requirements of 49 U S C § 5311 Section 35 $ ioec__ aI Requirements for Nonurbanizrd Area Formula Projects The following requirements apply to projects financed with Federal assistance authorized for 49 U S.C. § 5311 a State Procedures In general. the Recipient agrees to administer each Project financed under 49 U S C § 5311 in accordance with FTA Circular 9040 1 D, any revision thereto, and other FTA implementing guidance, and applicable Federal statutes and regulations. However, to the extent that existing or subsequent Federal statutes or regulations conflict with the provisions of FTA Circular 9040 1 D or any revision thereto. the Federal statutes or regulations will apply i b Eli Sible Proj c iyitie Federal financial assistance provided under the Grant Agreement or Cooperative Agreement may be used for transit projects in seas other than urbanized areas. • These projects must be eligible for Federal financial assistance authorized for 49 U S.C. § 5311, • • and may include purchase of service agreements with private providers of transit service and meal delivery service, to the extent permitted by 49 U S C § 5311 c Transfer A t In addition to the statutory authoriiyto transfer Project assets provided by 491-' S C § 5334(u) . the Recipient may also transfer facilities and equiprttent acquired with FTA MA14 t 10.1.97. Page 41 'i 1~ • financial assistance authorized for 49 U.S.C. § 5311 to any recipient eligible to receive assistance under 49 U.S.C. chapter 53, provided that the subrecipicni currently in possession of those facilities or equipment consents to the transfer and the facilities or equipment will continue to be used in accordance with the requirements of 49 U S.C. § 5311 d. t ' i ns on Use of Formula Assistance for Q Mrations Fornx la assistance authorized for 49 U S C. § 5311 provided under the Grant Agreement or Cooperative Agreement for operating assistance may be applied to the Net Project cost of the subrecipient's operating expenses incurred during the Project time period specified for the Project, e. Intercity Transportation. Each fiscal year, the Recipient agrees to spend for intercity transportation projects at least fifteen (15) percent of its funds authorized for 49 U.S.C. § 5311, unless the states chief executive officer has certified to FTA that the state's intercity bus smite needs are being adequately met. Section 36. Special R uirements for Research Development Demonstration- and SMi l Studies Projects a Frgj'ect RenorS The Recipient agrees to prepare and make available a comprehensive report on the results of the Project, the conclusions reached, aid the methods used b. Project IdenLifi_c-ALiQn The Recipient agrees that each tangible product resulting from the Grant Agreement or Cooperative Agreement shall be labeled with an appropriate sign or designation stating that the Project has been financed with Federal assistance provided by the U S Department of Transportation. Federal Transit Administration Unless waived by FTA, this requirement applies to all equipment, hardware, construction, reports. data, or any similar items produced under the Grant Agreement or Cooperative Agreement. Section 37 ;ge lac 1 Retluirements f~Lr_a State Infrastructure ©anhPE0y 1 _ a General Re4uirgment} The Recipient agrees to administer the Project in accordance with . (1) the requirements olsection 350 of the National Highway System Designation Act of 1995, as amended, (NHS Act), 23 U S C, § 101 note, (2) the provisions of FTA's NHS Guidelines, as may be amended and any preliminary FTA guidance. (3) the prosisions of the Cooperative Agreement establishing the State Infrastructure (SIB) program within the state (entered into by the Federal Highway Administrator, the Federal Transit Administrator, and the authorized state official), and (4) the provisions of the FTA Grant Agreement for the Project, except that any provision of this %laster Agreement that connicts with any prosision of FTA's NHS Guidelines, the provisions of the Cooperative Agreement establishing the SIB program within the state, or this Grant Agreement will not apply to the Grant Agreement or the project thereunder FTA MAi41 10.1.91, Page 42 41 y,. r. =Maw • b. Latest R it Is Apply. The Recipient agrees to comply with and assures the compliance of the SIB and each subrecipient of all applicable requirements for the SIB program, as those requirements may be amended from time to time, except as FTA determines otherwise. c Transit Account Limitations The Recipient agrees that the SIB will provide Federal assistance from its Transit Account only for transit capital projects eligible under section 350 of the NHS Act, as amended, and that those projects will fulfill all requirements imposed on comparable capital transit projects financed by FTA d Limitations on Accessing Federal Assistance in Transit Account The Recipient understands that the total amount of funds to be awarded for a Grant Agreement may not be immediately available for draw down. Consequently, the state agrees to limit the amount of Federal assistance it draws down for deposit in the Transit Account of its SIB to amounts that do not exceed the limitations specified in its Grant Agreement or the Approved Project Budget for that Grant Agreement Section 38. pip- es- Breaches- Defaults or Other Litigaiju The Recipient agrees that FTA has a vested interest in the settlerent of any dispute, breach, default, or litigation involving the Project. Accordingly' a Notification to FTA The Recipient agrees to notify FTA of any current or prospective major dispute, breach, default, or litigation pertaining to the Project If the Recipient seeks to name the Federal Go% ernment as a party to litigation for any reason, in any forum, the Recipient agrees to inform the FTA before doing so b Federal Interest in Rccoverv, The Federal Government retains the right to a proportionate share, based on the percentage of the Federal share committed to the Project, of any proceeds derived from any third party recovery, except that liquidated damages recovered may be returned to the Project Account in lieu of returning the Federal share to the Federal Government c Enfor ement 1 he Recipient agrees to pursue all legal rights available under any third party contract • d FTA Concurrence FTA reserves the right to concur in any compromise or settlement of any claim involving Project and the Recipient e Alternativ Disy_Vte ResolutiQn FTA encourages the Recipient to use alternative dispute resolution procedures, as may be appropriate • • • Section 39 Amendminls to the Projocl The Recipient agrees that a change in circumstances atTecting the Project causing an inconsistency with the terms of the Grant Agreement or Cooperati%e Agreement will require an amendment to I FTA MAr4I 10-1.97, Page 43 ' y: b. r m pp]y, The Recipient agrees to comply with and assures the compliance of the SIB and each subrecipient of all applicable requirements for the SIB program, as those requirements may be amended from time to time, except as FTA determines otherwise, c, T.aftl+t Account t unit tion3 The Recipient agrees that the SIB will provide Federal assistance from its Transit Account only for transit capital projects eligible under section 350 of the NITS Act, as amended, and that those projects will fulfill all requirements imposed on comparable capital transit pr,':Ccts financed by FTA. d, imi t~ti on Ac 'ntt Federal Assistanu in Transit Accounl. The Recipient understands that the total amount of funds to be awarded for a Grant Agreement may not be unmediately available for draw down Consequently, the state agrees to limit the amount of Federal assistance it draws down for deposit in the Transit Account of its SIB to amounts that do not emceed the limitations specified in its Grant Agreement or the Approved Project Budget for that Grant Agreement. Section 38. f t i The Recipient agrees that FTA has a vested interest in the settlement of any dispute, breach, default, or litigation involving the Project. Accordingly: a. Notification to FTA. The Recipient agrees to notify FTA of any current or prospective major dispute, breach, default, or litigation pertaining to the Project. If the Recipient seeks to name the Federal Government as a party to litigation for any reason, in any forum, the Recipient agrees to inform the FTA before doing so b. akEginitait-il-Rtcov, tsY The Federal Government retains the right to a proportionate share, based on the percentage of the Federal share committed to the Project, of any proceeds derived from any third party recovery, except that liquidated damages recovered ma,, be returned to the Project Account in lieu of returning the Federal share to the Federal Government c of r n The Recipient agrees to pursue all legal rights available under any third party contract d. FT Concutte0" FTA reserves the right to concur in any compromise or settlement of any • claim involving Project and the Recipient i e i r it isout~Re~?lution FTA encourages the Recipient to use alternative dispute resolution procedures, as may be appropriate • Section 39 Ali ndments to the Proieo • • The Recipient agrees that a change in circumstances affecting the Project causing an inconsistency with the terms of the Grant Agreement or Cooperative Agreement will Tequire an amendment to FTA SM4) 10.1.97, PW 43 49 M 1 Y . l~G..II uyry! i^i} r v the Grant Agreement or Cooperative Agreement signed by the original signatories, The Recipient agrees that a change in the fundamental information submitted in its Application will also require an Amendment to its Application or the Grant Agreement or Cooperative Agreement. Section 40 Electronic Data IntcrchanQe Technolom. To the extent approved by FTA, the Recipient may use electronic data interchange technology to exchange information with FTA FTA reserves the right to determine whether the Recipient may use electronic data interchange technology to execute legal documents pertaining to FTA projects Section 41 Severability. if any provision of the Grant Agreement or Cooperative Agreement is held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to conform to the requirements of applicable law • i :c . FTA MA(41 16-I-97. Pie 44 4q, f 1 tS • i ti 'y:e 5~~ ~~T: wL.;.fY y 444 zylt~+~t3il't:$ 'I Xry~. to r • ~IeM ~R1A d[rf1Wi44.TNL'14W1111b ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AND SUBSEQUENT AMENDMENTS WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR PROJECT NO. TX-90-X416, A GRANT AUYHORIZED BY 49 U.S.C. §5307; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the City has been advised by the U.S. Department of Trarsportation Federal Transit Administration that its application for an urbanized grant authorized by 49 U.S.C. §5307 has been approved in the maximum amount of $369,451, and has requested the City to execute the Grant Agreement, and WHEREAS, the Grant Agreement, which ir>cotporates the Federal Transit Admirdstration's Master Agreernert, will impose certain obligations upon the applicant, such as the City of Denton, including the provision by it of the local share of the project czats in the VvF&M tud WHEREAS, the U.S. Department of Transportation requires, in accordance with the provisions of Titks 'v7 and VII of the Civil Rights Act of 1964, as amended, that the applicant give an assurance that it will comply with Title VI of the Civil Rights Ad of 1964 and the Department of 1 ransporwion requirements thereunder, and WHEREAS, it is the goal of the applicam that disadvantaged business enterptim be utilized to the fullest extent pos Ve in connection with the project, and that definite procedures shall be tion established and administered to enure that disadvantaged businesses shall have maximum HEREFORE, contracts, supplies, equipment, contracts, or consultant and other services: NOW, T THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: • SECTION I, That the City Manager is authorized to execute a grant and subsequent amendments on behalf of the City of Denton, Texas, with the U.S. Department of Transportation, relating to Project No TX-90-X416 to a!d in the financing of caphal and operubg assistance projects pursuant to 49 U.S.C. §5307. SECT)ON II That the City Manager is authorized to execute and file an assurance or any other document required by the U S. Deparment of Transportation r$ectuating the purpose of Titles • Vl and VII of the Civil Rights Act of 1964. • • ~J S_E IEON ],ll, That the City Manage or his drsignee is auNxized to furnish such additional inforrnationn, assurances, or certifications as the U.S Department of Transportation may require in connection with the program of projects. /Iwf~dLVIO~~ri.YMQ'1MMIW r[ SECTION IV That the City Manager is authorized to set forth and ereoite disadvantaged businm entapdw policies in wmwtion with the Program of protects and budget agreemad by the Grant. SECTION V. That the City Manager is authorized to execute a grand agroemart, in a bawdolly the form of the attached Grand AVumeM which is incorporated as a part of this ordinance, along with any otha agroanent dooxnaris necessary to same the grad on be`dlf of the City of Denton, Texas with the U.S. Dgww d of Transportation for aid in the financing of the W* and operating assistarce Pfogran of protects and budget, and to expend the nwessary fluids as rmy be required by the cord'ition of the grant. ACTION VI. That this ordinance shall become effective mvra&,eely upon its passage and approval. PASSED AND APPROVED this the day of 1997• 1 JACK bIILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PAGE 2 lo, 4 r , r, , ((rte ,,atiyy ` • 'i,.PfW ~yi ~?1i\~wi•i ~i.`~ ~r 6'fl. !sn 4th .ty iiS~~li[~f~.T~i}. ~~~IG ~~{~l:`~ Agenda No. 171-0-119 Agenda he D: to CM of DENWK TiEX" MUNIOPAL BUILDING • 215 E McKINNEY • DENTOI~ TEXAS 76201 (6. 7)566-8200 • DFW METRO 434.2529 MEMORANDUM TO: Mayor and Members of the City Council FROM: Rick Svehle, Deputy City Manager DATE: Deeenrber 2, 1997 SUBJECT: An Ordinan a Regulating Parking of Vehicles Each Year During the North Texas State Fair and Rodeo By Temporarily Prohibiting the Parking of Vehicles on Both Sides of Carroll Boulevard From Its Intersection With Ross Street to its Intersection with Headlee Street, the West Side of Denison Street From its Intersection with University Drive to its Intersection with Shermmu Drive, the East Side of Denison Street From its Intersection With Sherman Drive to its Intersection With Headlee Strom, the West Side of Bolivar Stmt From its Intersection with Sherot;n Drive to its Intersection with Fair Street, The South Side of Ross Street Carroll Boulevard to its Intersection with Bolivar Street, The North Side of Strata Drive From its Intersection With Carron Boulevard to its Intersection with Mesquite Street, and the North Side of Fain Street From its Intersection With Carroll Boulevard to its Intersection with Bolivar Street; RECOMMENDATION- Staff rmonurf ds approval. • j HACK rRO IND: This ordinwxt ameods Ordinance 97.146 to extend temporary no parking during the arwaW North Texas State Fair and Rodeo on both sides of Carroll Boulevard from its intersection with t.' • Ross Street to its intersection with Headlee Street. Previously, no parking on Carroll Bhd. • j extended from Fain to Headlee Stmt during the Fair. `Dedicated to Qua&ty Servkv" • 1 f i vrY "{r,// * ,G' Si `y r~. '-l, ,y~~d 1Y > "tt t 4ti ♦Ff ,f$ f . i:t y t :'r. y , tan', iJ': Sl 5 `r~'S.k ~ f f ~,f•' • s . 'C~\WFDOcS\oRD\FAIRPARR.ORD ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGULATING PARKING OF VEHICLES EACH YEAR DURING THE NORTH TEXAS STATE FAIR AND RODEO BY TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH ROSS STREET TO ITS INTERSECTION WITH 1'3ADLEE STREET, THE WEST SIDE OF DENISON STREET FRO14 ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH HEADLEE SHERMAN RIVE TO ITS E INOF BOLIVAR STREET TERSECTION WITH FAINx STITS RNRr, THE SOUTH SI E OF ROSS STREET FROM ITS INTERSECTION WITH CARROL, BOULEVARD TO ITS INTERSECTION WITH EOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION CLARING AN EFECTIVE DATE EXCEED TWO HUNDRED DOLLARS; AND DE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SF.CTiON I. That from the opening day of the North Texas State Fair and Rodeo until the closing day, when prohibited upon the erected giving notice thereof, parking shall be streets or portions thereof, in the City of Denton to-vit: intersection with Ross Headlee Street; Both Street sides to its interection v with from its The west side of University Drivet nits intersection with Sherman Drive; With The east e of Sherman Drive toitsni tersecti n with Headlee St eet; with n with Fain Street intersection with The west herman Drive e to olivar Street from its • S The Carroll south to its intersection with Sc ivar street; The north side of Strata Drive Carroll Boulevard to its intersection o with Mesquite Street Hand _ Fain Street from its intersection The north side of • • • Carroll Boulevard to its intersection with Bolivar Street. ,gmCTION IL. That these no parking regulations shall be effective until r the t closing day unless revoked by the S day of the North Texas Fair and Rodeo City Council. 3 - • of E PROGRAMS- DEPA_Z NTS OR GRO RS, AFFECTED, The Traffic Control Division will continue to install temporary no parking signs each year prior to the start of the North Texas State Fair and Rodeo. FISCAL INIPACra No additional cost will result from this change. RESPECTFULLY SUBNH TED: Rick Svehla Deputy City Manages Prepared by: }mac `F -__tc Veronica S. Rolen Public Transportation Coordinator Attachments: 1. Ordinance , 7 y y. i l'.1 v _ r t "y+C .y. •~~*j., Lr ~ i 1 ~ ~'f~33 } , , C ` ; , ✓ `'~,?~t } ~•'I ~ #f • h~ < Y... F ;:t M+ S 5 f~ y~~7~(,~~ >L' SIT ♦ l Wit • l SECTION Ili._ That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of compatent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the city Council of the City of Denton, portions despite any such invalidity. have enacted such remaining ELgTIOH IV,_ Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of t requirements thereof, or of a permit or unishab etby asfina thereunder, shall be guilty of a misdemeanor p Each such person not exceeding Two Hundred Dollars ($200.00). shall be deemed guilty of a separate offense for each and every day commiittedI or continued, a d upon conviction of anty suchrviolations which any violation of such person shall be punished within the limits above. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be off ial published twice the City ofeDentDenton on# Texas; within tene(1 )hdays of the newspaper of date of its passage. 1997 PASSED AND APPROVED this the day of _ , JACK NILLM# ?AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: l . APPROVW TO R%: HERBERT L SPROUTY,ACITY ATTORNEY BY: • "a Fair and Rodeo No-Parking Signs ~ k I~r~oea Heedee , Oel~i '°r _ l.EGM • s~ tt« ~r~+a1 • V E • Wed o %dw i 1 r... +~•r f. ~ ~ ~ ,.~+.'.~r~i if<~ .i ~;3,r}`~t'.~'~«?i t~~.~4;.~.'i~''~Vli w.~:_y'~~ V ♦ - t lle~".11.%1'~4Jf::i'O)YY(X6 ~r'•1.t'.Y~T-.li f.:'i\Rf A~~~`.VJW tiN'W'IlOL4Y. -I_ `\~Y+I:Yri AQandt CITY COUNCIL REPORT Agenda Iiem gate - DATE: November 3, 1997 TO. Mayor and Members of i."e City C.)uncil FROM: Rick Svehla, Deputy City Manager SUBJECT: PAAN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING RKING ON CERTAIN PORTIONS OF L40NDONDERRY AND SAM BASS NEAR MCMATH MIDDLE SCHOOL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; %ROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. RECOMMENDATION: Traffic Safety Commission and Staff recommend approval JDACKGROUND• Several calls were received concerning how Londonderry and Sam Bass will handle the increased traffic when the new middle school opened in the fall of 1997. Staff did field evaluations and then asked Cunnings to Pstaff. to Attach d the traffic patterns and is their report. Staffrrecommended creating no parking at 6 locations to minimize conflict spots and add capacity for turning movements. The Traffic Safety Commission reviewed this request on May 5, 1.997 and recommended no parking as called out in the proposed ordinance. PROGRAMS D£PAvt~eENTS OR GRO~~G 1FFF.CTED' McMath Middle School (children, parents, teachers, etc), Traffic Division, Police Department, and traveling public FISCAL IMPACT: Approximately $200 for signage ~ RESPE LLY SUBMITTED: ' t • L' lull Rick Svehla 1 Deputy City Manager } • Prepared by: • • r J r Cla k it for f Engineering A Transportation `t` • ~ ~ ~ " 1~. ~ a i ` . yyFi~ rt r f r *yr_~ iri4~y~.~•~~ r i ~ ~ C r -V :a a '•`L ~ ~i ! , .r FF+~f?'~.1tt f'.^I r ~ t~ ~ ~ . ! MEMORANDUM DATE: November 3, 1997 TO: Rick Svehla, Deputy City Manager FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Prohibiting parking on certain portions of Londonderry and Sara Bass near McMath Middle School , Staff is attempting to be proactive after receiving several opened requests prohibiting parking at or near McMath Middle School. Field investigation shows that some traffic movements would be restricted if parking remained at the 6 locations proposed. Cummings & Pewitt, Traffic Consultants, was contacted to study traffic patterns. Their findings, along with ataff recommendation, conclude that certain areas would be better served if posted no parking. The increased traffic movements will be made safer by eliminating these potential conflict points. Please call if you need further information. Jer lar , P.E. a':{~1 S ~>fif,}5 cif, ~,u ~ `1 , . f.+!>. ~J~ e rr ly e- ' ~y"v ♦ t,~. ^ , r r~ r f. . TSC Memo April 18, 1997 page 5 f C ITEM #5#5 SCHOOL ZONE ISSUES AT SOUTH LAM SCHOOL - SAM BASS t h NDFRRY. TEASLEY, AND 1351 The new Middle School is scheduled to open in August . 1997. There are already beginning to be questions about how Londonderry and Sam Rasa will handle the increased traffic and whether Jason needs to be extended to the IH 35E service roads. A memo from Oannie Cummings is attached describing the impact expected from the new school. Staff recommends ordinances be pursued that would eliminate parking on Londonderry on the so•ith side for 250' to the west to allow the left turning traffic to be separated from the right turning traffic. Parking should be eliminated for 1001 on the north side to eliminate any conflicts with the school traffic turning from Teasley to Londonderry. The connection of Sam Bass to the IH 35E frontage road will handle most of the bus traffic. So the intersection of Sam Bass and Londonderry needs no parking on the north side of the intersection and Sam Bass needs no parking for 100' on both sides of the road (north and south) at the IH 35E frontage roads so that buses can turn safely and efficiently without having to turn around parked cars. The median is in place on the east side of Londonderry so that traffic will be separated and the conflict movements caused by sloppy turns should be minimized. 1 i • f x _ - - - S'J.,jL SJiI ~yXFr,.. . `1 ~}•Y~~y~M♦ ~,4 it Y.;;5+~.~21~ wY j'~1,~. }~L~~ ~~~.~}~i.~ s~'SG!7 '~'F'yar' hu- • Y. • r • I I TSC Minutes ` May 5, 1997 page 7 ITEM SCHOOL ZONE ISSUES NO PARKING ON IAHDONDERRY HC2RTH/SQ 1.AhS't SIDES AND W SAM BASS• Clark indicated the locations for no parking on Londonderry. First, at Teasley en the south side for 250' to the vest; and no parking on the north side 300'; Second for Londondary at Sam Bass on the north side 50' each direction; and no parking for 100' from the IH35E - frontage roads along the north and south curbs of Sam Bass. Clark said there has been a lot of comment about extending Jason Drive through to 135. Several folks from the school district recommended that might be positive. But, when tho land was platted, it didn't allow Jason Drive to go through and was a cul-de-sac. It was presented to the capital improvement Program by citizens and OISD that we try to extend the road. Staff recommends that riot be done based on our evaluations and the enclosed memo from Cumm,.ngs i Pewitt. Hartsfield asked if there was any questions. Clark said the next issue would be to look at Londonderry and Teasley. The 750' no parking will separate lanes so that some people can go left and some can go right. You will have a group of people caning out that will stack up. It will take some parking out in front of some businesses, but those parking lots never seem to be full. There has always been adequate parking. This whole issue may be something TSC wants to look at again in the future because it in new. Taking the parking off for 250' will allow for 10-17 cars to stack up. Clark said staff recommended 100' on the north side of Londonderry which will allow incoming clean movements without having cars sitting there slowing up the turning movements. The next place staff recommends no parking is 50' north and 50' east on the north side of Londonderry at Sam Bass. This '411 aid buses, cars, whatever to safely maneuver that corner at reasonable speeds. Staff wants to protect the radius from parking. No parking is also recommended for 100' from IH35E frontage roads along the north and south curbs of Sam Bass. This will lessen the impact of people coming off the service road. You don't want • Someone sitting on the se--vice road. They need to be able to get into Sam Bass cleanly. If they have to wait, you want it to be on r Sam Bass and not on the service road. If TSC is not comfortable with these suggestions, staff can bring it back or TSC may have some suggestions to fine tune it. Hobdy asked, can these no parking areas only be in affect during • school hcurs? Clark said his understanding fray the Police • Department is that it's real difficult to enforce. It's really better for the merchants if you only have need of this at 6:00 a.m. and at 4:00 p.m. That's fine with staff to have it revert back. Hobdy said in the month of June and July, there would be certain times when it wouldn't be needed totally. Clark said you can't do it by school days or months. Hobdy said that's just an example. AEEOOBE3 t r i TSC Minutes f May S, 1997 k- - page g Clark said the only thing in there will be ball games, plays, and PTA meetings in the even!ngs. Ridens asked it *Ieople are presently parking on Londonderry. Clark said not all the time. The most important one is at Londonderry because staff wants to stripe a left and right turn lane. So, that one needs to be permanent. Hartsfield said this would control buses and parents getting into the school. There won't be a lot of people parked at 4:00 p.m. waiting on their children. For example, at Strickland parents park all the way down through there and one can hardly get through. STAFF RECOtR~ED: Approval COMMISSIONERS: Sawko made a motion to accept staff's recommendation for no parking as indicated. Ridens seconded the motion. Motion passed unanimously with Hobdy voting no. .4 i. ri • ~ ~ I AESO0ea3 )N 5 ♦ y.y,~~~ a i r , V 1 . .ii A¢ Ste. ~pU`.r rY`f~ Only- • r • CUMMINGS & FEWITT, INC. Z'n#(neer W ♦ Planning ♦ Sun"ing MEMORANDUM DATE: April 2, 1997 TO. Jerry Clark, P.E. ' Director of Transportation and Engineering FROM: Dannie Cummings, P.E. Cummings do Pewitt, Inc. RE: Jason Drive Extension New Middle School Site At your request we have developed this memorandum to address the possible need to extend Jason Drive from its terminus just north of Londonderry Lane approximately 1,000 feet north to the IH 35 eastbound frontage road. The purpose of the extension would be to provide additional access for a proposed new middle school to be constructed on the south side of Londonderry Lane at Jason Drive The new middle school is estimated to have an enrollment of 500 students and will utilize school bus services to accommodate an estimated two-thirds of the school's students. The existing street system will provide access to and from the school via the following nearby streets and highways: the IH 35 eastbound frontage road, Teasley Lane, Sam Bass Boulevard, Londonderry Lane, and Jason Drive The trat5c signals on Teasley at the IH 35 imerchange and at Londonderry will provide school related vehicles right-of-way access at these major intersections Potential areas of concern regarding congested traffic flow and vehicular conflicts for the middle school attendees includr the previously mentioned two signal locations on Teasley, and the IH 35 eastbound off-ramp merge area with the frontage road, We have estimated the potertial vehicular trip generation capabilities of the new middle school by utilizing trip generation data and rates compiled and developed by the Institute of Transportation • Engineers Based on that data we have prepared the following table to summuize the daily and peak hour trip ends anticipated to be generated by the proposo3 middle school. r TRIP GENERATION CHARACTERISTICS NUMBER ADT AM Period AM Period PM Period PM Period OF STUDENTS Inbound Outbound Inbound Outbormd 500 454 vpd 90 h 60 yph 76 h 59 yph ws Richardson Drive • Suite 2M ♦ Richardson, Testy TWO (972)6 ""as 4 Fax (S 7r) M4871 ♦ r.~ • • The valueG listed in the table are not typically considered as large traffic volumes. However, because they are associated with school children drop-off and pick-up trips we can anticipate congested vehicular operations the closer one gets to the school site. This is especially true for the naming drop off period since it coincides with the morning borne-to-work rush hour. Conversely, the further from the school site that one gets, the more dispersed the school related traffic becomes and the less its impact becomes on traffic operations. To deterrnined if the extension of Jason Drive is necessary, we nn st evaluate the new middle Vhool's impact on traffic operations (both congestion and safety) of the existing street and highway system. In other words, will the additional traffic from the new middle school create significant capacity deficiencies and/or safety problems on the existing street and highway system such that the extension of Jason Drive will be necessary to ameliorate the problems? We believe that the additional traffic from the new middle school will certainly impact the traffic operations on the streets and highways and the signalized intersections serving the immediate area However, we believe that the impact will be most noticeable on Londonderry and immediately around the school site, while on Sam Bass, the IN 35 frontage road, Teasley, and at the two signalized intersections we believe that the overall impact will be minimal. It is apparent that the signalized intersection of Londonderry and Teasley will receive the bulk of the impact from th i additional new school traffic. However, by adjusting the vehicular signal timings this impact can Le minimized. By upgrading the pedestrian traffic controls and crossing times, the level of operations and safety for the school child pedestrian traffic can actually be improved from what exists today. Since the bus entrance to the school site will align with Sam Bass, the bulk of the impact from the bus traffic wilt be oriented to Sam Bass and Londonderry. The City shoald monitor these streets to verify their structural integrity with regard to the additional heavy traffic volumes. We believe that the extension of Jason Drive would impact traffic operations in two noticeable ways 15 to 25 of the peak hour school related vehicles that might normally rum Ie8 from Londonderry onto Teasley would probably use the extended Jason Drive to access Teasley via the hH 35 frontage road, and these same vehicles would also encounter a more unsafe driving environment at the IH 35 eastbound off-ramp merge area with the frontage road than they would encounter at the Londonderry • and Teasley signalized intersection. In summary, we believe that the existing street and highway system as well as the existing traffic signal controls are adequate o handle the increased traffic volumes anticipated to be generated by the new middle school We believe that the extension of la-ion Drive would help improve the traffic signal operations at Londonderry tad Teasley by diverting some of the new traffic to the north, but • that the improvement would be only minimal. We also beieve that any corresponding improvements • • to safety at the Ladonderry and Teasley intersetxioa would be more then offset by the lessening of safety to the diverted vehrides who would encounter higher speed frontage road traffic as weft as the 1H 35 eastbound off-ramp merge area I -,OF t ' 1. • . Based on our evaluation of the traffic operation condition associated with the construction of a new middle school on the south side of Umbriderry, we do not believe that the extension of Jason Drive is necessary to provide satisfactory access to and from the new site, We do believe that the City sho4dd evshute and upgrade the signal controls and timings on Teasky Laoe as necessary to accommodate the increase in school related vehicular and pedestrian traffic volumes. •1 J , _ _ _ _ _ ....1 .K, 4 ti 1 i -yr l r.,', , ~~'~~'r~,~l •'~~~`rY 1s. ` ~ ' t~' k _i • .'h, `3 c ' s~ yr rti ti 5~}`4V. tr~~ e'er Y` PASMIS • CUMAHNGS & PEWITZ INC. : • J* 23, 1997 Mr Jerry Clerk, P.E. Director of Engirteeriag grid Trarspnrtatioa E4inr uing ud Traosportation Department City Hall West 211 N Elm DoxM Texas 76201 DearMr. Claris At y tl request we have developed this study report to address the possible need to extend Jason Drive tram Its terann a jug notch dLortdortderry Lane appmxisoately 1,000 feq north to the DI 35 embomtd troatage road The purpose of the extension would be to provide additional ttocess for a proposed new mod3c school to be wnserocted on the wad side of Londomkrry Lane at Jason Drive (see attached figure) SCHOOL AREA CONCERNS Potemial areas of concern regarding congested traffic flow and vehiaLr confiids for the middle school attendees iacktde• Londonderry Lase, Sam Ban Boulevard; the signalised intersection of Teasley Lase sad Londonderry, the signalsed iK I @ on Teasley at the JH 35 frontage road, and the lH 3 S eastbound off ramp merge area with the Boatage rod PROPOSED SJTE According to our couverutioa with Mr. Norm Sisk of the Damon ISD, the arw middle school is estimated to have as enrollawat of 1,000 students and will utilize 10 - 12 school buses to 1 accommodate to estinseted two-thirds of the rz! ooi's students The edstirtg street system will provide access to sad t4om the school via the fol owing nearby streets sad higltvrays. the M 35 • eagb and @otxage road, Teasley Lame, Sam Ban Boulevard, Londonderry Lane, and Jason Drive The traffic signals on Teasley at the 1H 35 LivdwV and at Londonderry will provide school related v0 ides rigbt-of•way access at these major intersections. TRIP GENERATION • We have estimated the potential vehicular trip aeaera6w capabilities, of the new widdle school by ~ • • utilizing trip geaaation data sad rates compiled sad developed by the hutiaue of Tramportaboo FjWars Based as that dm we hire po Wo the foilowwg table to amsmarm the dAy tad peak sehool hour trip ends "cipsted to be geae ated by the proposed middle lafi Rlerrandeoa prom • Stilae f" 0 xkhar46e04 hens fiiN 07x1 0 Fes (t )nktfdfl • II 1 TRIP GENERATION CHARACTERISTICS Number ADT AM Period AM Period PM Period PM Period Of Studeats Inbound Outbound Inbound Outbasod LOW 1 040 180 vtk 120 140 110 V]ph Ibe valises ksted in the ubk should not rtecess.rily be conrudered as large traffic volumes However, because they are associated with school children droP-off and pick-up trips we can anticipate congested vesicular operations the closer one gas to the school site. This is especially truss for the morning drop-offperiod since it coincides with the nwraing borne-to-work nuh bow conversely, the further from the school site that one gets, the awe dispersed the school related traffic becomes and the less its impact becomes on tragic operations EXISTING TRAFFIC VOLUMES Dar7y traffic vokrma counts woe coDwed by your staff on June 19 - 20 at four locations. That count data is atta ved to this report and has been stratsnarized in the Wowing table. EXISTING TRAFFIC VOLUMES Street Direction 7 - 8 AM 3 - 4 PM 24-Hom Total Londonderry westbound 78 vpb 138 vph 2,081 vpd Londonderry Eastbound 99 vph 101 vpb 2,033 vph Sam Bass Northbound 85 vpb 71 vph 1,3794 Sam Ban Southbound 32 vpb 63 vpb 996 vpb TRIP DISTRIBUTION In order to enalyxe the impact of Qht sdwol related traffic on the adjat~tt roadway system, we have datnbuted the traffic votumts awnmarixtd in the previous table along Londonderry and along Sam • Bass Our distrbutioa was an estimate of the mientation of the mbool penetated trips based upon • • such factors as area land use, kad use densities, existing traffic patterns, and the location of the scbW relative to the area roadway network i aim • • ' f i CAPACITY ANALYSIS FINDINGS To analyze the ability of Londonderry and Sara Bass to carry the *WOW trt& projcdcd to be generated by the new middle school, we have performed a capacity analysis of each sued. The fotlovving table summarizes the results of that analysis, CAPACITY ANALYSIS FINDINGS ' Street Existing Projected Street Excess or V/C Traffic Traffic C aefiat - Ratio Londonderry 4,114 vpd 4,823 vpd 7,500 vpd + 2,677 vpd 0.64 Sam Bass 2 375 v 2 756 7,5W vpd + 4.744 viDd 0.37 Both sueets were analyzed as two-lane urdividcd collector streets with wide lanes and on-street parking For streets with this type of a cross-section 7,500 vpd is the accepted capacity value for a ked of service "C". Levels of service (LOS) are qualitative measurements of trtf5c conditions that range from the most desirable LOS "A" to the least desirable LOS "F'. Our study las used a LOS "C" as its goal. As can be seen Londonderry will have the capability of serving an additional 2,677 vpd even after the school is open and fully operational Sam Ban All be able to serve am additional 4,744 vpd. The volume/capacity (V/C) ratio is an indicator of how well it weet's capacity is able to serve the traffic vohimes using that faality. Values under 1.0 indicate that the sired has exam capacity sad will typically be providing very adequate service to its motorists. Values over 1.0 indicate that the capacity of the sum (for a spta5c level of service) has been exceeded and as a resuh, the traffic service becomes inadequate The results of the capacity analysis indicate that Londonderry and Sum Bus have adequate capacity to sen a both the existing traffic vohmtes and those prc*lcd to result from the new mi"t school t Our calculations indicate that both streets will be providing letter than level of service 'V traflia operaikins for the post school conditions ANALYSIS OF EXTPXME CONDITIONS • As previously stated, this study has assumed that 66% of the students attending the ttew middle • • school willbe bused This seam will analyze an extreass condition is which we have assumed that o* 41% of the students win be bused - a 25S's adjtt MXM. Well s of number of students, we lsave assumed in this eatretrne condition that 590 students will be transported by oceans other thtn a^hool busses as opposed to the 340 students in the initial assurnptiom i • • The folbwmg table sumnwim our estimate of the potential vehWu trip gerwation capabMties of I the new middle school amtrn ng a 41% bussing factor. TRIP GENERATION CHARACTERISTICS - 41 PERCENT BUSSED Number ADT AM Period AM Period PM Period PM Period Of Students Inbound Outbound Inbound Outbound 1000 1892 3i2 20E h 243 h 191 We have created the following table to aam wine the results of the capacity analysis for this extreme condition uWysis. CAPACITY ANALYSIS FINDINGS - 41 PERCENT BUSSED Street Existing Projeaed Street Excess or Y/C Traffic Tragic ~Capacity Deficit - Ratio MEMO~ LondoodeM 4,114 vpd 5,344 vpd 7,500 vpd + 2,156 vpd 0.71 Sam Bass 2,375 vpd 3,037 7,500 + 4,463 vpd 0,40 The tesuhs of the capacity analysis for the "Um condium indicate that Londonderry and Sam Bass continue to have very adequate capacity to serve both the existing traffic vohrmes and those projected to result from the new middle school. Our calculations indicate that under the nVeme conditions assumptions both streets wall be providing better than loud of tavice "C" traffic operations for the post school conditions. It should be noted that the ITE data for the critical AM peak period indicated a range of trip generation rates from 0.19 trips per student to 0. 55 trips per godatt. In other words, in all their loci • collecum (ever 40 schoob) t minimum rue that they awmaered was 0.18 and the maximum rate that they encounered was 0.55. In otu extreme conditions analysis our rate calculates to be 0.52. This would indi a that this analysis almost approximates the maximum conditions encountered by ITE in iu data collections with regard to these types of public schools • ADDITIONAL MOMS ~ • ~ it is apparent that the s+gaah intersection of Londonderry and Teasley wall receive the bulb of the iraspaet Uom the adffRiorW now sebooi wdk However, by adjusting the vdaicolar signal tea this impact can be rn ^um =ed. `+n.~.-..~.... - Aas'ter % By uppowl; the pedamim traffic controls and crossing tines, the level of opaatioea and safety for the scbooi child pedestrian traffic can actuaDy be unproved from who mm today. Since the bus entrmce to the school site will far between Sam Bass and Jam Drive, much of the impact from the bus tragic may well be oriented to Sam Bass rather than Loodoodary. The City do M nwakor both streets, however, to ve* their strucdrral view* with regard to the KW*ocW he . volumes, it r wed that we also performed a capacity malysis on the school AM and PM peak hour pai.Au In the aaniysis of both the isitai and the careme conditim the peak hour results were very A mlar to the xwoysis findings showtt in this report for the dedy condition. As a trotter of fsct, the WC values for the peak hoar con6tiaas wste slie tly less than those calculated for the daily conditions The reason for this is that the cdong traffic volumes on Londonderry and Sam Bass ate small - evm during the school peak hour periods. CLOSING In s:unmuy, we beticve that tbs existing street and highway system as well a the eedstra$ trsrgrc sigma controls are adequatt to handle the increased tnI& whimes anticipated to be gamed by % the new middle schoai We belie ve that the adaasiao of Jasoo Drive would help improve the tragic sipW opermtioas at Londonderry &W Teasley by diverting aeon of the new trait to the north, but that the wVmvement would be only niamal We also believe that any corresponding itsprovesnean to aa* at the Lt •Aoodary mod Teasey ietaa cam would be more then offies by the kweaft of safety to the diverted vehida wfio would eacouater higher speed froaage road Welk as well as the W 35 eastbaW off-ramp wArge area Based on our eveiustioo of ft tragc operation coLttioos associated with the oonanxtioa ofa new niddk scbM oa the south side of Londonderry, we do cot beheeve that the wemim of Jason Drive is necessary to provide satisfactory access to sad from the new site. We do bd6n v that the City should evaluate and upgrade the PVW controk and tint W on Teasley Lase as necessary to scoommodste the unease in school related vehicular and pedestrian traffic volumes. Sine r , CUM GNGS do PEWJTr, INC Daonie R Cummings, P E Principal Enag9at<a z, isk~*t'rr h.t~~, ~~3~f iq,r~~ra'~tia'~--l~•p ~'`'~~".C~ {~Ri' fir • _ _l\t:.t~.,1i1.3 kKiJv ate. • • p D©~J o o ~ o oQ 'I Da ° o , aD I OA 00 tj~ Q ~DQQa OQ Q ❑ ~U 0 c~ Qo ~ D • a~aa ~ ~'°a ~o Q 123 4 ©o ~Q q o~ pQ 0 ~ P a o ~o o v a o of , r. • • FPO" DENTON CITY FTTOMN(v FAx NO ./173027923 9T-51-11 113474 ►.02 ORDINANCE NO. ANN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON CERTAIN PORTIONS OF LONDONDERRY LANE AND SAM BASS BOULEVARD NEAR MCMATH MIDDLE SCHOOL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: j, When signs or markings are in place giving notice thereof, no person shall part a vehicle at any time upon the following strctt in the City of Denton: The south side of Londonderry Lane from its intersection with Teasley Luse west for two hundred and fifty fed. The north side of Londonderry Lane from its intersection with Teasley Lane west for one hundred feet. Tlx north side of Lorndondery Lane from its intersection with Sam Bass Boulevard east for fifty feel. The east side of Sam Bass Boulevard from its intersection with Londonderry Lane north for fifty feet Both sides of Sam Bass Boulevard from its inim ectiort with IH33E Frontage Road south for one hundred fret. SEC"IION_IL The provisions of Section I prohibiting the puking of vehicles stall apply at all times to the designated portion of the rbove named street or streets except whirr, it is necessary to slop a vehicle to avoid corillici with other traffic or in compliance with the direction of a police officer or official tratile control device. UCTION 11, That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, ind all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. EU11 N iV. That if any provigion of this onlawce or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions _ r or applications, and to this end the Vmvisitms of this ordinaucc arc severable. • • If .J j ~S• e ~ • 0 • . r .__r`~f._a...r.......~.....-,. ...e..was.,us.W.•r.....,.++rnw...w..vwri-. _ iAOni GEMtOn Wy fit IORREv FAX MO.1 6173027!23 9T-li-Il I N s7A A.e3 - SECTION V. Any person adjudged guilty of parking a vehicle in violation of this ordinance 5ha11 be guilty of a misdemeanor and punished by a fine cot so exceed Two Hundred Dollar ($200.00). .,EGTION V1. That ties ordinutce shall become effective fourteen (14) days from the dale of its passage, and the City SWetary is haeby directed to cause the caption of this ordinance to be publishod twig in the Denton Rccord-Chrocielc, rile oflkial newspaper of the City of Dalton, Trxas, within ten (10) days of the date of i% pauage. PASSED AND APPROVED this the day of , 1997 JACK MILLER, MAYOR ATTEST: JENNUER WALTERS, CITY SECRETARY BY: ` APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Y)7. f ' . s tMre['MCi ad'airrntel Ao RorLfO der F . r ` • A ~ rr3 X11 i ~.X _.'~,rf i.. '`i iy., ~r f1 1..r. is !'4 i Agenda Nn. 7 Agsnda Item ~ZlJ Data C1TY OF DENTON, TEXAS _ Economk Devskp Mnt • 2 f5 E. McKrv»y • Denton. Tixw 76201 TaMphona (940) 349.8305 • FAX 1540/ 349.7239 MEMORANDUM DATE: November 26, 1997 TO: Mayor and City Council Members FROM: Linda Ratliff, Director of Econo 'c velopmentA2 THROUGH: Ted Benavides, City Manager, SUBJECT: Consider Appointment to Joint ax Abatement Committee RFCOMMENDA11ON: Staff recommends that City Council appoint a member to the Joint Tax Abatement Committee. BACKGROUND: In April 1997, the Joint Tax Abatement Committee recommended that consideration of three pending tax abatement applications be tabled until after the legislative session. It is now time to recom ene the committee to review and formally recommend action on the Peterbilt Motors, Harwell Manufacturing and Denton Regional Hospital applications. The committee is comprised of two members of the City Council, two County Commissioners, two Denton Independent School District Board Members and staff liaisons from each organization: Organization Committee Members Staff Liaisons City Council Members 1. Euline Brock Kathy D uBose 2. Vacancy Denton County Corrvn'sssioncrs L Don Hill Bonita Turner 2. Vacancy J Denton Independent School I. Jim Alexander Albert Tbomas District Board Members 2. Curtis Ramsey Gilbert Bernstein t 'Dledfrared to &a'4 Senwe • - I . F • ' } it i .i r . November 26, 1997 Page 2 The City of Denton and Denton County currently have vacancies on this committee. We have notified the County of our intent to reconvene the committee, and they have advised us they will appoint a Commissioner to fill their vacancy at an upcoin'mg Commissioners' Court meeting. FISCAL IMPACT: None i 0 F I 40 2 i S v•'!" r' .J. ✓ ciao riY i' ~~~K ,~i T.~i~k J J~~jl l $t~1f ;ire ~ • . t± vs, C~f'h¢ ,,'ti . . k . '4+~i { rl:.,`•... R , tilt •\~5'> r: 3'r V ;-:'r^.a tua:.`..T iT~aY~ lwba:,II4k.1:,i.fE7WFtil134t'1 ~.07~'~'/ailYX+Ml Agenda No.9 -4 fly Agenda tte r . , " Date CRY OF DEWMV4 TEXAS MW OPAL BUILDING DENTON, TEXAS 76POr • TELEPHOW 81 M cos Office of VW City secretary MEMORANDUM DATE: November 25,1997 TO: Mayor and Members of the City Council FROM: Jennifer Wafters, City Secretary SUBJECT: Board/Commission Appointments The following is a lid of current BoardlCommission vw4mies/nominations: Council Member Cochran has nominated Bob Montgomery to the Historic Landmark Commission Kjell Johansen has resigned from the Library Board. This is a nomination for Mayor Miller. Jim Gwilliam has resigned from the Cable TV Advisory Board. This is a nomination for Council Member Kridofcrson, Tom Reese has resigned from the Parks and Recreation Board. This is a nomination that the entire Council considers. •1 l t If you require any further information, please let me kmw, i J if ah Ci ecre! 'Demcattd b Serics Qualay i i r ~~ofiaaiw 7Cjiii7iaE~Ti~3 7~i171~14a~ai on~roa Z3~rary_o& 8 Return-Path: <johansen@unt.edu> Date: Mon, 17 Nov 1997 07:46:02 -0600 (CST) From: Johansen Kjell Mathias <johansen@unt.edu> Reply-TO: Johansen Kjell Mathias cjohansen*unt.edu> To: mayoreci.denton.tx.us cc: EVA POOLE <0_POOLE@venus.twu.edu> Subject: Resignation from Library Board Jack Miller, Mayor City of Denton, TX , Dear Jack, Because of my imminent retirement from the university of North Texas and subsequent move to the Kerrville area, I regret that I will not able to complete my last term as a member of the City of Denton Librar/ Board. Please accept my resignation as of December 31, 1997. It has been my pleasure to serve on the board of a public institution which in this city is characterized by the highest level of dedication and professionalism of its staff. I will miss the regular contact and friendly association with the library director and those who work with hor in her office, but i am confident that our friendship will continue. Although our formal association with Denton will cease, say wife and I will always maintain contact with our many friends and colleagues in the area and make many return visits. Best regards, .1 Kjell M. Johansen ~ F i +C L \J ~~rinE~lor~.'f y i- cscolT~as-iiQl not),, , ' . < Y . Y22~,~ V ~+k~~~''~.K~:Y i RUSSELL-NEWMAN, INC. COPY P.O. Sox 23M % Drnton. TX 76202 (440) 696-6ee6 FAX 410.382.6453 Cypress GROUND CONTROL NOvembar 20. 1997 Mr. R1dwd F09W Public Irlf-xmation Officer City of Demon 215 E. MdOev" SL Demon, TX 76201 Dear Richard, Pkase accept my resignaW from C1e Cads TV Advisory Board. Judy and I wo be moving so Guatemala City, Guatemala to January on an open ended work assiprm.m vritt Russel.tJeleman, Inc. Wit yov pksse Irlornl aA who need taIlrlow. I hrm er4oyad Ytk opporbxFRy 1o serve tir CRy lx Denson, Would you abo exp w worm adleu W C1a mernbem of 190 board do f Central Arnarkan Operations r, t. New York Showroom Massach~"xs Dwisim Gro" Ca*ol Dlvklon Tor my HOW SNepwaar ' 180 Meow Ave, Plot" 7 S25 Soap Loop 296 25 West M Sir" Suck $01 P.O. Box 206 Sole E Sure 15 New York, NY 10016 ShelRdd, FAA 01257 Denton, :oM 76205 Newyork NY loots (212) 532-M 11 (413) 229.3012 (910) 6x6.8664 (212) 6i0 !!9! FAX 212.779-0371 FAX 413.224.3175 FAX 440-9906472/ FAX 212•SM M44 G 7~ 1~' H i t ~~ia 1 r xt, , , % ' a t f 't1 1, - . AWda No. -O4 9 Apenda Item CITYOFDF.:rf01V,TEXAS +f,MrOPAL&AL W DENTON,TEXAS 7W 1 TELEPHONE 817-5M-&W office of ft C*/ Secretary MEMORANDUM i i DATE: November 24,1997 TO. Mayor and Members of the City Council FROM: Ted Benavides, City Manages # SUBJECT: Appointment of a Deputy City Secretary Now that Veronica has officially changed jobs within the organization, her position as Deputy City Secretary is vacant. I am recommending that Jane Richardson be named a deputy city secretary to assist Jennifer with the duties in her office. Jane will be the primary deputy city secretary with Betty Williams available if needed Please let me know if you require any further information. Ted Benavides City Manager f ACCWF4 i,e. E Dt&Ald f0QUd&7$ffl'{Cta ``S' i r'"•a 71':" ~ ~ tr,~ ~i7 ~r! 1'c\ _r ~ 1 ~ 1f s . r END OF FILE r 1. ' • ~ n? ~~~~*~iJ`~MJ'~~~r` 4;4-i ~ ~.~F •r4 a'1',~7T'~k)'~ 'r •~`~~tiS~y a'v r', iKir~