HomeMy WebLinkAbout12-16-1997
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City Council
Agenda Packet
December 16, 1993
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C11 Y OF DEN ON CITY COUNCIL Agenda Item
December 16,1997 Dale
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 16, 1997
at 5:00 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:
1. Closed Meeting:
A. Personnel - Under TEX. GOVT. CODE Sec. 551.074
1. Consider annual evaluations of Municipal Judge, City Attorney, and City
Manager.
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 CODF. CH. 551. THE CITY COUNCIL RESERVES THE
RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX GOVT CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS
ACf) 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 j
MEETINGS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, December 16,1997 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.Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
• 2. Consider approval of the minutes of October 14, October 15 (Joint meeting with DISD),
October 13 (Joint meeting with P&Z), October 2l, and October 28, 1997.
C E REP
3. Receive a citizen report from Dessie Goodson regarding "Assistant City Attorney Jerry E. `
• Drake should look before he signs." •
4. Receive a citizen report from Debra Cosimo regarding City's home occupation ordinance.
5. Receive a citizen report from Doug Coggeshal l regarding a recommendation that at the next
available work session the Council have a presentation regarding thermal night vision for
the police and fire departments.
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City of Denton City Council Agenda
December 16, 1997
Page 2
PRESENTATIONS/AWARDS
6. CenificatesofRecognition for active participationinthe United Way campaign.
CONSENTAGENDA
Each of these items is recommendedby the Staff and approval thereof will be strictlyon the
basis of the Staff recom mendat ions. Approval of the Consent Agenda authorizes the City Manager
'r 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 quest-*)ns
regarding these items prior to consideration.
Listed below are bids and purchase orders to be approved for payment under the Ordinance
section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 7-
23). 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 7-23 below will be approved with one motion. If items are pulled for separate discussion,
they will be considered as the first items under "Items for Individual Consideration." 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, suppliesor services; providing for the expenditure of
funds therefor; and providing for an effective date. (Bid 42123 - Annual Supply of
Gasoline, Diesel, and Kerosene)
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 expenditureof
funds therefor; and providing for an effective date. (Bid #2131 - Distribution
Transformers)
9. Consider adoption of an ordinance accepting competitive bids and awarding a contract for
the purciase of materials, equipment, supplies or services; providing for the expenditure of
funds therefor; and providing for an effective date. (Bid #2137 - Annual Supply of Fire
• Station Work Uniforms)
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10. Consider adoption of an ordinance providing for the expenditure of funds for purchases of
materials or equipment which are available from only one source in accordance with the
provisions of state law exempting such purchases from requirements of competitive bids;
and providing an effective date. (PO 481553 -Motorola Communications- (41) Handheld
• Mobile Radios and (9) Holster Options) • •
11. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure
of funds for the anntud contract payable in four quarterly payments by the City of Denton
for appraisal services by the Denton Central Appraisal District as authorized in Resolution
R97-029 approved by Council July 8, 1997; and providing an effective date. (PO #81775 -
DentonCentral Appraisal District in the amount of $ 130,020.59)
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City of Denton City Council Agenda
December 16, 1997
Page 3
12. Consider adoption of an ordinanceof the City of Denton, Texas authorizing the expenditure
of funds for the first and second quarter 1998 payment by the City of Denton of a solid
waste permit fee calculated at 3.5% of refuse collection fees to the Texas Natural Resource
Conservation Commission, and providing an effective date. (PO #81818 - Texas Natural
Resource Conservation Commission (TNRCC) in the amount of $80,000.00)
13. Consider adoption of an ordinance accepting competitive bids and providing for the award
of contracts for public works or improvements for Phase I Landfill Expansion Slurry
Wa1UDewatering System to Terra Constructors, Ltd. in the amount of 5468,973.00;
providing for the expenditure of funds therefore; and providing for an effective date. (Sid
#2138-Landfill Expansion Slurry WalVDewateringContract)
14. Consider approval of a resolution to declare the intent to reimburse expenditures for the
Pecan Creek Tributary 4 Project (Robertson Street Drainage Project) and the Eagle/Collins
Project with certificatesof obligation; and providing an effective d.,,e.
15. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to
execute a professional services agreement with Teague, Nall, and Perkins, Inc. for
development of a city-wide flood mitigation plan; authorizing the expenditure of funds
therefore; and providing an effective date. (PO #81811- Teague, Nall, and Perkins, Inc. in
the amount of $25,200.00)
16. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City j
Manager to execute a professional services contract between the City of Denton and Carter
and Burgess in the amount of $38,700.00 (RFSP #2110 - Design of Eagle Drive Drainage
and Collins Street Drainage Projects and Traffic Study for Collins Street); and providing an
effective date.
17. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute a professional services contract between the City of Denton and Huitt-
Zollars in the amount of 595,095.00 (RFSP #2110 - Research Parkway Project); and
providing an effective date.
18. Consider adoption of an ordinance authorizing the City Manager to execute Addendum No.
• l to the Professional Services Agreement for the design of Stream PEC4 Storm Drainage
Improvement and Ruddell Street Bridge and Channel Improvements between the City and
Teague, Nall, and Perkins, Inc.; authorizing the expenditure of funds therefore; and
providing an effective date. (PO# 76616R - Teague, Nall, and Perkins, Inc. - PEC 4 and
Pecan Creek)
19. Consider adoption of an ordinance awnrdinga contract for the lease purchase of Xerox 4050 •
high Speed Laser Printer from the State of Texas General Services Commission Contract
and Interlocal Cooperative Purchasing Agreement; providing for the expenditure of fitods
therefore; and providing for an effective date. (PO #81929- Xerox Corp, in the amount of
537,977.00)
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City of l'?mon City Council Agenda
Der_cmber 16, 1997
Page 4
20. Consider adoption of an ordinance authorizing tt,e city Manager to execute a professional
services agreement for services relating to the Denton Municipal Electric Utility, between
the City of Denton and Lundy and Associates; authorizing the expenditure of funds for
advice related to changing the culture and organizationof the electric utility.
21. Consider approval of a resolution of the City of Denton, Texas approving the appointment
of the reserve police officerslisted in the resolution.
22. Consider approval of disposal of abandoned well sites No. 5 and 10. (The Public Utilities
Board and the Planning Zoning Commission recommend approval.)
23. Consider approval of an ordinance authorizing the Mayor to execute a water main cost
participation agreement between the City of Denton and D. R. Cameron and Associates,
Inc. for the City's participation in the oversizingof a water main and in accordance with the
terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and
providing an effective date. (Bent Creek Estates, Phase D) (The Public Utilities Board
recommends approval.)
PUBLIC HEARING
24. Hold a public hearing and consider approval of a revised Detailed Plan for property zoned
Planned Development 12 (PD-12) for Commercial uses. The subject property consists of a
5.49I-acre tract located on the south side of Interstate 35 at the Corinth City Limits. (Z-97-
019) (The Planning and Zoning Commission recommends approval, 6-1.)
I FEMS FOR INDIVIDUAL CONSIDFRATION
25. Consider appointment of a City Council Member to the strategy committee to study and
address the impact of electric deregulationon the City of Denton.
26. Consider adoption of an ordinance of the City of Denton, Texas providing for the control of
backflow and cross-connections; regulating the protection of the City's potable water
supply, providing protection assemblies as required, providing for a maintenance and
testing program for said assemblies; providing for a penalty of $2,000 for each violation of
this ordinance; and prodding for a sev'erability clause providing for a repealer, and
• providing an effective date.
27. Consider approval of a resolution amending the investment policy for funds for the City of
Denton; designating investment officers; providing a savings and a repealing clause; and
providing an effective date. (InvestmentCommittee recommendsapproval.)
• 28, Consider approval of the Fiscal Year 1996-97 Annual Investawnt Report.
29. Consider a motion to change the funding in the 1996 CIP from the Mills Road project to
improvements on May hill Read to facilitate joint construction with the DISD. (D1SD
Service Center Project)
30, Consider nominations/appointmenLs to City's Boards and Commissions.
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City of Denton City Council Agenda
December 16, 1997
Page 5
31. Miscellaneousmatters from the City Manager.
32. New Business
This item provides a section for Council Members to suggest items for future agendas.
33. Po3sible continuation of Closed Meeting under Sections 551-071-551.085 of the Texas
Open Meetings Act.
34. Official Action on Closed Meeting items held under Section 551-071-551.085 of the Texas
Open Meetings Act.
Following completion of the Regular Session, the City Council will contene into a Work Session
to discuss the following:
1. Receive a report, hold a discussion, and give staff direction regarding the recommended
outline for development of the Denton Comprehensive Plan.
CERTIFICATE
1 certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the _ day of , 1997 at
o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS 1S ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE
OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S
• OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING I-800-RELAY-TX SO THAT A SIGN
LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY
SECRETARI"S OFFICE,
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CITY OF DENTON CITY COUNCILMINUTES
Apand~ite sa~
October 14,1997 _ -
Dale
The Council held a Dedication and Open House of the City Hall building on Tuesday, October 14,
1997 from 4;00 p,m. to 6:00 p.m. at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson.
Cochran, Young and Durrance.
ABSENT: None
I. Mayor Millerpresented a proclamation dedicating the City Hall building.
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a closed meeting on Tuesday, October 14, 1997 at 6:30 p.m, in the Council Work
Session Room of City Nall.
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
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 an ordinance authorizing settlement in the amount of
$35,000 for litigation styled Joel Darnel Patton and Flelda lean Patton v. the
City of Paris, the City of Denton, and the City of Corsicana, civil action number
3:96x66 filed in the United States District Court, Eastern District of Texas,
alleging violationof civil rights.
B. Conference with Employees - Under TEX. GOVT. CODE Sec, 551.075. The
Council received information from employees during a staff conference or briefing, but did
not deliberate during the conference.
The Council convened into a Work Session on Tuesday, October 14, 1997 at 7:00 p.m. in the City
Council Work Session Room at City Hall,
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
I . The Council received a quarterly report from TMPA representatives. i
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Bill Giese, TMPA Board of Directors, stated that this was the third presentation the City's
representati ves had made to the Council. He presented Council with an ovemiewof TMPA's 1997
fiscal year. Items of particular interest included major accomplishments, number of total agency
regular employees, mwh cost breakdown and statistical charts-comparisons. In the area of
regulation and litigation, he stated that a declaratory judgement was granted by Travis County
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City of Denton City Council Minutes
October 14, 1997
Page 2
Judge in regards to the power sales contract amendment. The amendment would be effective 30
days aflcr signing. Bond counsel opinion was that the arendment would not adversely affect the
security of the bondholders. The antitrust lawsuit filed by College Station relating to transmission
matters was dismissed by mutual agreement. On September 26", the Federal Energy Regulatory
Commission issued an order requiring that TMPA and Bryan immediately enter negotiations with
College Station and submit a final order by October 14° to estab'~sh transmission rates for College
Station. At a special board meeting held in Garland on October 1", the board recommended that an
offer be based on the PUCT rule with College Station to make some supplemental payments to
adjust for the PUCT transmission formula. Without some supplement payments TMPA & Bryan
would be subsidizing College Station under the PUCT transition formula. Efforts to reduce the cost
of coal transmission were continuing. The primary effort was to work with the regulatory
commissions. In the areas of operations, a preliminary assessment by performance consultant, Ben
Green, found the following positives: the move to Powder River coal, advanced steam designed
path and 10 year inspection cycle, state of the art Westinghouse WDPF control system, test burning
and evaluation of PRB fuel sources, personnel performing acceptably under current control
configuration, and builer furnace exit temperature was lower than typical. Summary of the
positives was that it was a good plant and good operation and had the potential to be a great plant.
Negatives from the assessment included boiler exit temperatures were too high, nox emissions were
pushing allowable limits, controls were not tuned sufficiently to allow high bad operation at a
steady state, and the instability of unit operations at high loads.
2. T1v Council received a report, held a discussion, and gave staff direction regarding property
appearance guidelines for historically significant structures and districts.
Denisha Williams, Main Street Manager, stated that the property appearance guidelines had been
developed primarily for the downtown area but could apply to other historic properties in the City.
The Play Action group of the Vision project established a sub-committee to create dmign
guidelines for historic properties in the downtown area anu n other parts of the city. The goal was
to draft workable guidelines to be used in renovation and new construction. At this time,
compliance with the Guidelines would be entirely voluntary. The Guidelines were an informational
tool. Thcy did not establish any new regulations, aithough in some instances they made reference
to existing ordinances, such as sign restrictions. If Council approved the Guidelines, staff would
actively promote the voluntary use of the Guidelines. T'lie document would be distributed to all
businesses in the downtown core area that had not already received a copy. In addition, a copy
would be given to new building owners and tenants. Building Inspections staff members worked
closely with Main Street and helped refer applicants for building permits in downtown to the Main
Street office for assistance. This Guideline would be useful in explaining the rationale for
recommendations made by Main Street staff and by the State Main Street architect. Several groups f
had expressed a desire for Council to adopt a policy for incentives to encourage adherence to the
Guidelines. Staff recormended endorsement of the Property Appearance Guidelines and to further
• research incentives that might later be adopted to encourage the use of the Guidelines, • •
Consensus of the Council was to endorse the Property Appearance guidelines and to research
incentives that might be later adopted to encourage the use of the Guidelines.
3. The Council received a report, held a discussion and gave staff direction regarding Existing
Data and Forecasts related to the Denton Plan.
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City of Denton City Council Minutes
October 14, 1997
Page 3
Dave Hill, Director for Planning and Development, stated that an outline was developed to identify
the major steps in producing data in a format amenable to the City's planning efforts. 'there were
five proposed steps in the collection of data (1) Data Collection would collect existing
demographic data within the city; existing land-based data within the City; existing plans aM data
from other entities and organizations; present land use by category, including residential,
commercial, office, industrial, institutional and agriculture and conservation areas; and current
infommation on land conditions and other natural environmental systems. (2) Data Organization
would provide historic and regional context and characterize existing conditions in and around
Denton. These characterizations would be based on people and their activities and land and what
had been done to it. (3) Data Analysis would be conducted to demonstrate current trends, assess
existing and projects,: needs and opportunities and develop a set of assumptions that provided
factors for forecasting. Those factors would include demographics, land use, environment,
economic development, infrastructure systems, public facilities, capital improvements, and visual
quality. (4) Data Forecasts would project the future through the analysis of alternative development
scenarios by comparing build-out under current trends to maximum development allowed by
zoning; develop alternative fortis, such as sprawl, fingers, deconcentrated centers, concentration
and reit:vestment and revitalization centers; develop alternative timing, such as phased J
infrastnwture and other capital improvements; develop alternative policies, such as geo-economic
with emphasis on linking jobs and housing; and use forecasts of other agencies to develop a level of
detail necessary to develop a comprehensive plan for a municipality. (S) Data Feedback would be
conducted regularly by using benchmarks and indicators to evaluate the effectiveness of the City's
implementation strategy in achieving policy objectives and testing the validity of forecasting
assumptions. Success in plan implementation will be a useful gage in determining if the plan was
actually being carried out.
Council Member Beasley indicated that the staff should take all of the time necessary to collect all
data needed and to solicit as much public comment and input as possible into the process.
The consensus of the Council was to proceed as outlined.
4. The C tuncif received a report, held a discussion and gave staff direction regarding a vision
statement and growth management strategy relating to the Denton Plan
Dave Hill, Director for Planning and Development, reviewed the draft vision statement that
• combined the concepts that were voiced most frequently by Council and the Planning and Zoning
Commission. He also presented the draft growth management strategy that would define the rules
by which growth would benefit the most people. A growth management strategy contained policies
that kept Denton a "step ahead". All other policies in the Denton Plan should adhere to the Gmwth
Management Strategy.
• Council indicated that it would cmdrrme to work with staff to finalize the vision statement and • •
would proceed with the finalization of the growth management strategy.
Council held a discussion regarding impact fees and whether to include a study of that issue at the
same time as the development policies. It was determined that staff would return with the legal
statutes and the procedure involved with impact fees before making a decision on when to study the
issue.
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City of Denton City Council Minutes
October 14, 1997
Page 4
Following the completionof the Work Session, the Council convened in a Special Called Session.
I nc ^ouncil considered adoption of an ordinance authorizing settlement in the amount of
535,000 for litigation styled Joel Damel Patton and Helda Jean Patton v. the City of Paris, the City
of Denton, and the City of Corsicana, civil action number 3:96v66 filed in the United States District
Court, Eastern District of Tcxos, allegingviolation of civil rights.
'The following ordinance was considered:
NO. 97-300
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING
SETTLEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTEA
COMPROMISE SETTLEMENT AGREEMENT IN LITIGATION STYLED
JOEL DARNELL PATTON AND NELDA JFAb[ PAT I V T_ E CEO. ITY OF
PARIS. THE CITY OF DENZON. AND THE CITY OF CORSICAN&
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
DECLARING AN EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristofetson"aye", Cochran "aye", Durmncc "aye", Young "aye", Brock "aye", and Mayor Miller
"aye". Motion carried urwimously.
With no further business, the nesting was adjourned at 10:15 p.m.
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JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
• JENNIFER WALTERS
CITY SECRETARY i
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
OCTOBER 15, 1997
The Council convened into a joint meeting with the Denton Independent School District Board of
Tnistees on Wednesday, tktober 15, 1997 at 11:00 noon at the Central Administration Ofrx'e,
1307 N. Locust Street.
PRESENT: Mayor Miller, Mayor Pro Tern Brock; Council Members Beasley, KristoferscA
and Durrame
ABSENT: Council Members Cochran and Young
1. Both the Council and Board of Trustees declared a quorum was present for the meeting.
2r The Council and Board of Trustees held a discussion regarding druglalcohol programs in
the community.
Albert Thomas, Superintendent, stated that this discussion would involve an update on the
activities/projects in which the community, the D1SD and the City were involved.
Various member of the staff of the DISD, the City, and the County reviewed education and
prevention efforts of each organization that was included in the agenda back-up materials.
Thomas indicated that there was a need to coordinate efforts of all entities to work on drug and
alcohol problems. The problem was real in Denton and needed to be addressed.
With no further business, the meeting was adjourned at 1: 10 pm.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
1
JENNIFER WALTERS
` CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
OCTOBER 15, 1997
The Council convened into a joint work session with the Planning and Zoning Commission on
Wednesday, October 15, 1997 at 5:30 p.im in the Council Work Session Room.
PRESENT: Mayor Pro Tern Brock; Council Members Bewley, Kristoferson, Cochran, and
Young.
ABSENT: Mayor Miller and Council Member Durrance
1. The Council received a presentation by and hold a discussion with Dan Burden regardinb
walkable communities.
Mr. Burden presented a slide presentation regarding various aspects of Denton and ether
communities regarding walkable communities. There was a need to consider the young and old
when considering walkable corrmutities. He suggested ten steps for turning a city into a
walkable place. Step One involved a walkability audit which questioned how comfortable an
individual would feel walking around the city. Step Two would expand the audit to include a
team audit with key people from the community. Step Three would develop a plan with goals,
objectives and strategies. Setting realistic goals, objectives and strategies were involved in Step
Four. Step Five would reverse funding priorities to require every builder and developer to
provide walkways. Step Six would set criteria for sidewalk, crosswalk, and other infrastructure
standards with walkable minimums. Fixing land use to accommodate walkable areas involved {
Step Sever. Collat•orating and communicating between agencies or levels of governments
involved Step Eight. Step Nine would expand thinking about walkable issues to the regional and
national level. Not giving up on the issues important to a community was Step Ten.
With no further business, the meeting was adjourned at 8:15 p.m.
EULINE BROCK, MAYOR PRO TEM
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY _
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
October 2l, 1997
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, October 21, 1997 at 5:45 p.m. in the City Council Work
Session Room.
PRESENT: Mayor Pro Tern Brock; Council Members Beasley, Krstoferson, Cochran, Young
and Durrarce.
ABSENT: Mayor Miller
1. The Council considered the following in Closed Meeting:
A. Conference with Employees--Under TEX. GOVT. CODE Sec. 551.075. The
Council received information from employees or questioned employees during a staff
conference or briefing, but did not deliberate during the conference.
B. Consultation with Attorney - Under TEX. GOVT CODE SEC. $51.071
1. The Council discussed and considered strategy in litigation styled Hansen
Information Technologies, Inc. v. Azteca Systems, Inc., et A., case number 4:97cv308 Sled
in the 1Jnited States District Court, Eastern District of Texas, alleging copyright
infringement, tortious interference, and other intellectual property matters.
The Council convened into a Regular Mating on Tuesday, October 21, 1997 at 7:00 p.m. in the
Council Chambers of City Hall.
PRESENT: Mayor Pro Tern Brock; Council Member Beasley, Kristoferson, Cocluan, Young
and Durrance.
ABSENT: Mayor Miller
1. Pledge of Allegiance
The Council and members of the audience recited the PI, f Allegiance to the U.S. and Texas
flags.
Mayor Pro Tern Brock presented the following proclamations:
Keep Denton Beautiful Adopt A Spot Month
Make A Difference Day
2. The Council consider approval of the minutes of July 15, July 16, and July 19,1997.
Beasley motioned, KHstofcrscn seconded to approve the minutes as presented. On roll vote,
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• Beasley "aye", Kristoferson "aye", Cochran "aye", Durrence "aye", Young "aye", and Mayor Pro
Tern Brock "aye". Motion carried unaninxwsly.
CITIZEN REPORTS
3. The Council received a citizen report from Claude and Frances Cannon "to say thank you."
Mr. and Mrs. Cannon were not present at meeting.
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City of Denton City Council Minutes
October 2l, 1997
Page 2
4. The Council received a citizen report from Dessie Goodson regarding freedom of
information.
Ms. Goodson stated that sh.e did not know why the City felt it was beyond the Freedom of
Information Act for an olvn records request. She had received information from the Legal
Department that was not va'id information. She did not swear as indicated in the information from
the Legal Department. Sh; was still having problems with SPAN. She would be taking this
information to Court against the City regarding this false information.
NOISE EXCEPTIONS
5. The Council considered a request for an exception to the noise ordinance for a Halloween
Costume Party for Victor Equipment Recreation Association (V.E.R.A.) in Fair Hall at the North
Texas State Fairgrounds on Saturday, October 25, 1997 from 8 p.m. to 12:00 midnight.
Veronica Rolm Administrative Assistant, stated that this request was from the Victor Equipment
Recreation Association for a costume party inside Fair Hall at the Fairgrounds.
Young nwtioned, Beasley seconded to approve the request. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye', Durrance "aye", Young "aye", and Mayor Pro Tern Brock
"aye". Motion carried unanimously.
6. The Council considered a request for an exception to the noise ordinance for a Halloween
Costume Party at 1118 Avenue A on October 31, 1997 from 8 p.m. to 2 am.
Veronica Rolen, Administrative Assistant, stated that this request was for a costume party at
Avenue A from 8:00 p.m. to 2:00 a.m.
Council Member Young asked if the neighbors had been contacted.
Christopher Brown stated that the neighbors on both sides would be joining the party.
Council Member Young asked if then were any businesses in the area
Brown stated that there was a Texaco Gas Station in the area.
• Council Member Beasley stated that if the Council approved this request, the participants would
still have to keep the decibel level down on the equipment so as not to disturb others.
{
Beasley motioned, Young seconded to approve the request.
I f
Council Member Kristoferson stated that she was rat in favor of the request as it was very late. i
J Brown stated that they would not be using microphones and using keyboard with microphones.
Council Member Cochran suggested printing an announcement and phone number to call with
complaints rather than the Police Department.
On roll vote, Beasley "aye", Kristoferson "nay", Cochran "aye', Durrance "aye", Young "aye", and
Mayor Pro Tem Brock "aye". Motion carried with a 5.1 vote.
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City of Denton City Council Minutes
October 21, 1997
Page 3
PUBLIC HEARING
7. The Council held a public hearing and considered adoption of an ordinance regarding
amending Chapter 33 "Signs and Advertising Devices' (Off-Premise and Billboard Signs) of the
Code of Ordinancbs relating to the prohibition of off-premises signs wthin 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,
David Bill, Director for Planning and Development, stated that the proposed ordinance had been
amended as requested by Council at the October 6th meeting. He presented a summary of the
events leading to this public hearing, A summary of the major points included (1) all new off-
premise signs within the City and the extraterritorial jurisdiction (ETJ) would be prohibited; (2)
new portable signs, currently illegal inside the city limits would be prohibited in Denton's ETJ; (3)
existing off-premise and portable signs in the ETJ only would have to be registered by March 1,
1998 in order to remain in place; (4) registered off-premise signs and portable signs would be
considered legal nonconforming signs if initially legally erected; and (5) the City Council would
create a sign appraisal board to be appointed by the Mayor for two year terms. There would be five
members of the Board - two real estate appraisers, one sign business person who operated within
the City of Denton, one landscape architect and one Texas Department of Transportation employee
experienced in real estate transactions dealing with rights-of-way. The Board would be subject to '
open meetings and open records requirements and would have to hold public hearings to consider
specific signs. The Board would determine the compensation owed to an owner of a sign for the
relocation, reconstruction or removal of an off-premise or a portable sign. (6) Sign removal
required cash compensation equal to three years of gross revenue to the sign owner plus
compensation to the real property owner. The sign owner had 30 days to remove the sign after
notice had been given and compensation was available for payment. Damaged legal non-
conforming signs, which may be repaired if the costs of the repair did not exceed 60°/9 of the cost of
erecting a new sign, would follow clearer instructions in preparing estimates for the purposes of
comparison. (7) There would be no changes in the regulations for temporary signs. There would
be no changes to on-premise sign regulations, any changes that would be more restrictive regarding
the repair of damaged off-premise signs was not permitted, the automatic removal of signs would
not be authorized, the sign appraisal board would not be authorized to select the signs to be
removed and would not be authorized to make any funding decisions. The sign appraisal board was
not needed to consider other sign removal options such as swaps, tax abatement or lease buyout
The membership qualifications of the City's Sign Board of Appeals did not meet the State's
qualifications.
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Council Member Cochran stated that there was unnecessary confusion concerning this ordinance.
j Tax money would not be spent to purchase signs from private property. The Legal Department had
prepared three alternative motions for Council consideration One was to adopt the ordinance as
presented, one was to deny the ordinance and the third was to adopt all the portions of the sign
• ordinance which pertained to off-premise signs and billboard, etc, and delete those sections which • •
J dealt with the sign appraisal board. It was his intention to motion to accept the third motion. It was
never the Council's intent to purchase signs.
Council Mem per Young stated that the Council voted 5-2 on this issue and he was against the
Board. He coAd not see wing taxpayers money to put businesses out of work. He was in favor of
delayinp_ th, entire ordinance until a later date and was in favor of option 2 that would not change
the sign ordinance. There was no sign problem in the City. Voting for this ordinance would cost
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City of Denton City Council Minutes
October 21, 1997
Page 4
businesses money and the citizens would have to pay more as the businesses would not be able to
remain in Denton. He felt there was a need for more study and research before considering such an
ordinance,
Young motioned to delay the ordinance.
CoimciI Member Durrance noted a point of order that Council was in a public hearing.
Mayor Pro Tern Brock opened the public hearing.
Jerry Daum stated that he had sent a letter to Council regarding the issue. He was shocked that
Denton was trying to change the sign ordinance, as he did not know Denton had a problem with
signs. He understood four billboards had been put up in Denton since 1993. This was not a high
billboard market in this area The sign ordinance limited the size of the billboards currently
allowed. Once development occurred, the billboard was history and would be gone. Denton's sign
ordinance was very strict and did not allow for excess billboards.
Don Carney stated that he was opposed to the proposed ordinance as he used billboard in both of
his past businesses. He felt billboards were useful in business and the City needed to keep the
current sign ordinance and not change it. If the kind of advertising could be limited on billboards, it
would be a credit to Denton to limit "adult book store" advertising. Denton needed economic
development and the Council needed to be pro-business. On his way to Fort Worth he did nut see
any types of billboards which were offensive to him.
Robert Manning stated that he was a long time resident of the City of Denton. He agreed that there
was not a billboard problem in Denton. His only concern, as a citizen, was to avoid any litigation
with any type of ordinance. Taxpayer money should not be spent on buying billboards. He did not
like portable signs especially the way in which they were placed.
Mickey George presented a speaker card in support of the proposed ordinance but did n^t wish to
address Council.
Slick Smith stated that there was a charge to re-register his signs with the current ordinance. The
billboard portion of the ordinance was not something he was in favor of. Ile was in the portable
sign business and could not place a sign anywhere as new signs were not allowed in the City. He
was still paying taxes on the signs he had in the City but he was limited in his business.
Don White stated that he did not o•,, n a billboard and did not have a portable sign but he did have a
business in Denton. He encouraged all citizens to participate in government. lie did not believe
there was a sign problem in Denton. In 1993, a citizen. committee, which was composed of a broad
spectrum of the community, studied the sign ordinance in Denton. This Council wanted to adopt an
ordinance changing what the citizens changed several years ago. He suggested a citizen committee
• to study this issue as it had done with the previous ordinance. This was a reaction of the • •
community against this ordinance as demonstrated by the individuals present at this meeting. He
urged the Council to not pass the ordinance presented.
Sondra Ferstel stated she was pleased to hear that the City had a tough law with billboards in
Denton. She felt that not all of the amendments would have to be used and that some could be
separated out and considered individually. The payback provision was a concern of hen. There
were many good amendments in the ordinance but suggested removing 1#5 from the proposal.
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City of Denton City Council Minutes
October 21, 1997
Page 5
Margaret Smith stated that she and her husband had been long time residents of the City. One of
the major improvements in the City was the work done by the Adopt•A-Spot group and the sign
ordinance passed by the Council. Her opinion was that the third option was the better choice. The
Appraisal Board was not something that she could agree with. There were several unattractive
billboards in Denton and some had nothing to do with businesses in Denton. At this point in time,
Denton did not have a billboard problem but there might be in the future with more development.
She did not want to see the ETJ full of billboards and did not want to allow more billboards in the
area. She asked the Council to protect Denton's future to not allow additional billboards.
Carroll Trail hoped the Council read their e-mail as it was an easier method for citizens to
communicate with the Council. He urged the Council to pass the billboard ordinances. Businesses
had many ways to advertise their goods and services. He also urged Council to pass the versions of
the ordinance that would develop the appraisal board. Many visitors passed through Denton with a
scenic highway. He asked for a commitment in Denton for more sensible night lighting in the City.
One step to that would be to omit billboards lighted at night Light pollution was everywhere and
the billboards at night contributed to that light. The University of North Texas was having to move
its observatory because of too much light in the area.
Vicki McCombs stated that she appreciated the efforts of the Council and supported the billboard
ban as proposed. She was interested in standards for commercial lighting within the City limits.
Philip Baker stated that he was in favor of the proposed ordinance. This was a quality of life issue
and the proposed ordinance would make Denton a better place to live. {
Ray Gough stated that he could testify to the desire of good signage. With good signage, the public
could be provided with direction and location. When signage became overpowering to pollute the
environment, it made life in the community less desirable. He was a lifelong resident of Denton
and wanted to see the best for it,
Georgia Gough stated that Denton was a unique city. Over the years it has been able to balance
physical environment with fiscal strength. She recently had been in an area where there was stilt
advertising but she could still see the trees. The City could guard against too high billboards.
1
Jim Hobdy stated that he was a small sign manufacturer in Denton. He was worried that if the City
did away with billboards how would individuals get to sources of tourism in the City. He was also
• worried about where to go from here and what would be next on the list. He questioned if metal
buildings, which were not particularly attractive, would be the next to go. He hoped the Council
would temper their judgements. He questioned why the sign industry people were not included in
the consideration of the ordinance as they could provide input on how to make the signs more
attractive.
• Carolyn Smith stated that she was disappointed that the Council wanted to do away with billboards • •
in Denton. Visual signs were needed for all of the individuals who traveled through Denton. She i
did not think anything was wrong with having billboani= to attract businesses.
Pat Reinke stated that Denton had enough billboards and that there was no need for more. A
billboard appeared in their backyards one day without asking any of the residents if they wanted it
in that location. The billboard was lit at night and the lights shone in their home at night. They had
to sell their house at a lower value due to the billboard in that location. She supported a ban on
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City of Denton City Council Minutes
October 21, 1997
Page 6
billboards. Fhe felt this was part of the vision for Denton and felt that future development would
result in more billboards in the area.
Gary Hayden stated that he was in support of a sign ordinance. He hoped that the Council would
look ahead to the future for development without billboards
Douglas Coggeshall stated that this issue was not about revenue or raising revenue. It was about a
City Council that had an attitude problem. He had a copy of the economic development plan. The
Council did not have a pro-business attitude and was trying to strangle small businesses in the City.
Companies would not be attracted to Denton because of the regulations in the City. He felt that
this ordinance should not be approved and the existing ordinance should be repealed. Three
Council individuals were up for re-election this year. He would be working against any Council
candidate who approved this ordinance.
Brennan Gourdie presented a speaker card in support of the changes in the sign ord , .mce.
Bob Powell stated that Denton was within the Denton ISD and that the Denton ISD had a great
ability to chew up tax dollars. They never gave up the fight for more tax money. In addition to the
ISD, there were two major universities, a State School, a large federal facility, county buildings and
city facilities that were not on the lax rolls. All of this combined added to many miles removed
from tax base. The proposed change would further increase the ever increasing tax base loss. It t
was not just the sign that would be removed, it wps the perception. If the City did one more anti-
business action, it would further the perception that Denton was anti-business. Most of the people
in Denton worked for a govenunent. Why eliminate a tax base or the perception that the Council
would be doing that.
Dorothy Damico stated that she recognized and encouraged the right for business to advertise
through signs. She understood that advertising was part of the problems of a business person. She
did not realize the size of the sign industry until she saw the two full-page ads regarding the sign
ordinance. She supported the sign ordinance to limit billboards. An attractive community was one
attraction for a good business. A corridor of signs was not appealing for new businesses. Areas
with corridors of signs were often too much as an individual could not read all of them while
passing by them.
Tony Damico stated that he was also in support of the proposed ordinance. He asked how many
Council Members were citizens of Dutton and were elected by citizens. He did not want his
community to be wall to wall billboards as that would be a loss for the community.
Cliff Reding stated that he had asked the opinions of people about the sign ordinance. WOO% of
them indicated that they did not have a problem with billboards. Money would be lost if there were
no billboards. He had a petition with over 100 names in support of the current ordinance. He felt
the political portion of the sign ordinance was a problem. The issue of using tax money to buy
• billboards was a problem. He questioned where the Council was planning to get the money to buy •
billboards if it was not going to use tax money. Senior citizens of Denton needed signs in order to
locate businesses in Denton. Billboards were a sign of prospetity. He asked the Council to not pass
this billboard issue or a system to pay for the signs. He asked Council to not pass an anti-business
ordinance.
Don Smith stated that he was a Iong time resident in Denton and was in favor of the proposed
ordinance. He had seen many places which were polluted with billboards. He did not believe the
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City of Denton City Council Minutes
October 21, 1997
Page 7
economy of Denton would suffer without billboards. The Council had been threatened with being
voted out of office if they passed this ordinance. He felt they would receive more votes if they
passed the ordinance.
Carol Brantley stated that she supported the Coiuxil's amendment to the sign ordinance. Denton
faced th, same tough decision that other cities weft having. It had been proven that master
planning benefited the entire city. Residents should not have to suffer looking at ugly or distasteful
billboards. The City should have a policy to have a beautiful city and billboards %ere not beautiful.
The Council needed to ask what kind of image it was projecting with billboards. Most major cities
already had passed a billboard ban. The City should act now to protect its future environment.
Mayor Pro Tent Brock indicated that she had a speaker card from Duncan Weathers who supported
the changes in the sign; ordufanec.
lack Davis stated that he was in support of the proposed sign ordinance. He realized the need for
businesses to have signage for directions for citizens but the current approach was not in the best
long-term interest for the City. Ho was pleased with the effort of the City to improve its
appearance. With the rapid urban expansion in the area, it was essential that steps be taken so that
that past efforts for an attractive environment were not wasted Denton could not avoid growth and
change but it could manage that growth and change in a good manner.
Mitchell Turner stated that as a representative of the Greater Southridge Association he was in
favor of the proposed ordinance. This proposed ordinance would add some mended controls. He
did not support using taxpayers dollars for the buying of signs. The proposed ordinance would not
take existing signs away from companies and they could be kept as long as they were in compliance
with the ordinance. Denton could become a city known for its many signs or a city known for its
aesthetic value. Ile urged the Council to protect the highways and entrances to the City and vote
for the proposed ordinance.
Chuck Dennis staled that one question he had was a reason why he should feel one way or another
about the ordinance. There was strong opposition for a change in the ordinance. The Council
needed to listen to its constituents and not change the ordinance If Council truly understood the
current ordinance, there was no way signs could get out of control in Denton due to the regulations
in the current ordinance. Businesses in Denton needed to be able to advertise to those travelling
along the highway.
Council Member Cochran asked if Mr. Dennis' company was the ne that planed the ads in the
newspaper.
DenrJs replied correct l
Council Member Cochran thankod him for his excellent community service for the citizens in
• Denton. _ ~ • •
Myra Crownover completed a speaker card indicating that she : reported the proposed changes in
the otdinance.
Allen Williamson stated that he had a business in Denton and most people opposed to the proposed
ordinance were in opposition to the billboards. This ordinance was for all sigro in Denton. The
City would not allow a small sign to be put up. The location of his business was difficult to find
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City of Denton City Council Minutes
October 21, 1997
Page 8
and %~ithout a sign was erm more difficult to find. He felt the ordinance limited anyone's ability to
advertise a business and limited income. He opposed this ordinance and asked Council to
reconsider the ordinance.
Zcke Martin staled that he wanted to commend the people who were in favor of the proposed
ordinance. He was against the ordinance as it was written. A billboard or sign was not
disagreeable to him. He did not feel there was a problem in Denton with signs. Billboards were a
way of life and were needed for business. The City would take down a broken sign at this point in
time so that was covered with the current ordinance.
Dessie Goodson stated that the sign ordinance was unreal. It was time government stopped telling
individuals what they could and could not do. She used signs and billboards all the time. She
suggested the Council leave the signs alone. She questioned what would happen if all the signs
wen removed.
Arnold Valez stated that he was in opposition to the proposed ordinance. He had problems with
several sections of the ordinance. The preamble listed several reasons that the City was proposing
to enact the ordinance one of which stated that the continue erection of off-premise signs would
lead to the diminishing of property values of adjacent property. He took exception to that statement
in the absence of any factual inforrnation. He requested that if the ordinance were adopted, that
section be removed. Another section he had a concern with was that off-premise signs increased
the risk of destruction or danger to citizens. Ha felt it was not the intent of the city to spend
taxpayers dollars for the removal of signs. Another section he was opposed to indicated that the
estimated cost would be for new materials for the sign to be repaired or for a new sign. This was to
assess the value of the sign that was to be destroyed. He did not know of any other place that made
this differentiation, He felt that further wording was needed for the proposed ordinance.
Mark Foster stated that he was opposed to the new ordinance. He felt that not enough research had
been done regarding the proposal. His business was on the highway and he needed billboards to
attract people into the store. Without the billboards, no one could be directed to the business until
they were past them. The ordinance would be harmful to his business and to other businesses in the
area. He paid a lot of taxes in Denton and this ordinance would hurt his business.
Marilyn Smith stated that she was surprise about the negative impact regarding this ordinance,
Other c'it'ies in other parts of the country had a sign ordinance and it did not detract from their
• businesses. There was an advantage of knowing that signs would be at intersections and not have
to try and drive and read billboards at the same time. She encouraged the Council to support the
sign ordinance amendm-nt.
Karen Abernathy stated that the 1993 ordinance was poor. Coppell had beautiful signs in its city
and Denton could have the same. She felt Loop 288 and Highway 35 was unmanageable with
signs. She urged the Council to approve the proposed ordinance. She urged the Council to use her
• taxpayers dollars to get rid of the billboards in the area Growth was coming and regulations were • •
needed.
Hugh Ayer stated that he was in support of the proposed ordinance. It was good for Denton and for
the long range growth for Denton. It was long overdue and would be good for Denton. He urged
the Council to pass the ordinance.
Barbara Russell stated that there had been a perception that Denton was anti4msiness. She thought
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City of Denton City Council Minutes
October 21, 1997
Page 9
that that was past but it appeared that it was not. Much time was spent on the 1993 ordinance but a
good ordinance was dcNcloped. There was much citizen input with that ordinance but there was
none with this proposal. She did not seewhat the rush was to pass this ordinance.
Mayor Pro Tern Brock closed the public hearing.
Council Member Young stated that, in his opinion, this ordinance was anti-business and could
cause businesses to lose money. That would reduce taxes and place more of the burden on
homeowners. He felt there was not enough research on this issue. There were no statistics
regarding the proposal and not enough input from the business community. The government
should not take taxpayers money to purchase the billboards. Government would be putting
businesses out of business. He felt that the Mayor should be at this meeting for this consideration.
Young motioned to delay consideration of the ordinance and to develop a citizen board to look at
the issue. Motion died for lack of a second.
Young motioned to deny the ordinance. Motion died for lack of a second.
Council Member Young stated that this ordinance would be bad for business and would send a
message that Denton was and-business. New businesses would not be able to advertise and would
rat come to Denton.
Mayor Pro Tern Brock stated that in regards to the anti-business statements, DOI and Motorola
went to Austin that had similar ordinances in 1983. New businesses were going to Fort Worth that
had a similar ordinance. Businesses did grow in areas with this type of ordinance. Denton had
spent several years going through a visioning process and an economic development study. Those
two processes indicated the need ror Denton to work on its entranceways. With the development of
the raceway, she wanted to protect the area from billboards. It was critical to act now. If the
ordinance was passed and in two to three years it was decided that this was a mistake, the ordinance
could be repealed.
The following ordinance was considered:
NO. 97-301
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 33 "SIGNS
• AND ADVERTISING DEVICES" OF THE CODE OF ORDINANCES OF THE CITY
OF DENTON RELATING TO THE PROHIBITION OF OFF-PREMISE (BILLBOARD)
SIGNS WITHIN THE CITY OF DENTON AND BOTH OFF-PREMISES
(BILLBOARD) SIGNS AND PORTABLE SIGN'S WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND
AMENDING REGULATIONS APPLICABLE TO NONCONFORMING SIGNS; _
• PROVIDING A PENALTY IN THE AMOUNT OF $2,000.00 FOR VIOLATIONS • •
THEREOF; PROVIDING A SEVERABILlrY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Du.~ance motioned, Cochran seconded to adopt the ordinance except for the portion relating to the
sign appraisal board. '
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City of Denton City Council Minutes
October 21,1491
Page 10
Council Member Dun=e reviewed some of the history of the proposed ordinance. On April 22,
1997 the Council held a work session on this issue and on August 27, 1997 the council held anoint
work session with the Planning and Zoning Commission. on September loth the Planning and
Zoning Commission held a public hearing and invited the public for comment. Council held
another open work session on the issue on September 23rd. He had been stopped many times from
citizens regarding support of the proposed ordinance. This was a question of quality of life. The
City needed to take a proactive approach regarding this issue. He wanted managed growth and not
just growth. He was disturbed that some individuals felt the need to degrade individuals during a
public hearing. This proposal was not open to litigation as indicated in prior court cases. This
proposal world not hurt small business or reduce the capabilities to advertise. The ordinance could
be amended if desired by the public or future Councils. He did not feel this was telling individuals
how to manage their businesses.
Council Member Cochran stated that he had spoken to people from all over the City regarding this
issue. No one within the City complained about the proposed sign ordinance. This proposal laid
the groundwork for the future. He was not interested in the portion of the proposal to buy signs in
order to take them down. Policies in Denton were not anti-business. He thanked citizens for their
input regardless of their point of view on this issue.
Council Member Kristoferson stated that this was a quality of life issue. She felt that the ordinance
was pro-Denton as it went to great lengths to protect the urban landscape. She felt it would
promote a positive image of Denton through a positive image on the City's roadways. She had
asked many people about their opinions regarding this issue and all were in favor of the proposed
ordinance.
Council Member Beasley feared that there would be too many billboards in the area. She felt that
advertising would be different in the future and that billboards would be outdated.
Council Member Young stated that Denton had less than 200 signs and that was not a problem
There would be litigation regarding this ordinance. Businesses did not locate in Denton because
Denton was anti-business. This was bad legislation and would cause businesses to lose money.
The City would lose tax revenue from this ordinance. That lost revenue would have to come from
homeowners. He wanted the Council to remember that in May a lesson would be coming to
Council.
Council Member Kristoferson called the question.
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i On roll vote, Beasley "aye", Kristoferson "aye". Cochran "aye", Durrance "aye", Young "nay", and
Mayor Pro Tern Brock "aye". Motion carved with a 5-1 vote,
8. The Council held a public hearing on Community Development programs to assess the
status of completed and ongoing activities and received citizen comments. t -
Dave Hill, Director of Planning and Development, stated that this was a year end reporting
requirement.
Mayor Pro Tern Brock opened the public hearing.
No one spoke during the public hearing,
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City of Denton City Council Minutes
October 21, 1997
Page I I
Mayor Pro Tern Brock closed the public hearing,
VARIANCES
9. The Council considered approval of exaction variances to Section 34-114(5) corMeming
perimeter paving and Section 34-114(17) concerning sidewalks. The 18.796 acre tract was located
on the south side of Poclaus Page Road, east of Interstate 35.
David Hill, Director for Planning and Development, staled that this property was located south of
Pockrus Page Road. The applicant had asked for a variance on two public improvements. One was
for perimeter street paving and the other for sidewalks. The estimated cost for the paving was
$33,000 and $6,600 for the sidewalks. Staff rccommera;a6on was to approve the requests which
were approved by the Planning and Zoning Commission.
Beasley motioned, Cochran seconded to approve the variances.
On roll vote, Beasley "aye", Knstoferson "aye", Cochran "aye", Du.Tance "aye", Young "aye", and
Mayor Pro Tern Brock "aye". Motion carried unanimously.
CONSENT AGENDA
Krisloferson motioned, Durrmwe seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", and Mayor Pro Tern Brock "aye". Motion carried unanimously.
10. NO. 97-302
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ARCHITECTURAL CONTRACT BEW'FEN THE CITY OF DENTON AND DUNCAN
SINIMS STOFFELS, INC. FOR DENIA PARK PHASE 11; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
(RFSP #2076 - Denia Park Renovation - Phase II)
11. NO. 97-303
•
AN ORDINANCE ACCE?TING COMPETIIIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (Bid #2103 - Lower PEC-4 Channel Improvement)
I • •
• 12. NO. 97-304
J AN ORDINANCE OF T.i., n' COUNCIL OF THE CITY OF DENTON
DESIGNATING A DEPOSITORY FOR CITY FUNDS FOR A TERM BEGINNING
DECEMBER 1, 1997 AND ENDING NOVEMBER 30, 1999; AUTHORIZING THE
MAYOR TO EXECUTE A DEPOSITORY CONTRACT WITH TEXAS BANK AS THE
PRIMARY DEPOSITORY; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid
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City o, Denton City Council Minutes
October2t, 1997
Page 12
#2071 - Depository Agreement) (Investment CwTunittee recommended approval.)
13. Approval of a property tax refund to George J. Kay in the amount of 5624.47.
14. NO. R97-66
A RESOLUTION) APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF
THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN
EFFECTIVE DATE.
15. NO. 97-305
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON
OPTIONAL RECONSTRUCTION PROGRAM AND ELIGIBILITY CRITERIA;
AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS
MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN
EFFECTIVE DATE,
16. NO. 97-306
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON
HOMEOWNER REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA;
AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS
MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN
EFFECTIVE DATE.
t 1. NO. 97-307
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM
AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF
S 15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND
• PROVIDING FOR AN EFFECTIVE DATE.
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18. NO. R97-067
A RESOLUTION RECOMMENDING THAT THE DENTON MAIN STREET
PROGRAM BE ENTERED INTO THE GREAT AMERICAN MAIN STREET
• AWARDS; AND PROVIDING FOR AN EFFECTIVE DATE. • 1
19. NO. 97-308
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH WE DENTEX TITLE COMPANY
FOR CLOSING SERVICES AND ISSUANCE OF TITLE POLICIES FOR THE U.S.
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City of Denton City Council Minutes
October 21, 1997
Page 13
HIGHWAY 77 WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
20. NO. 97-309
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL CONSULTING
WITH YORK ENVIRONMENTAL SERVICES ON CERTAIN PARCELS OF LAND
FOR RIGHT-OF-WAY EXPANSION OF U.S. HIGHWAY 77; AUTHORIZING THE
EXPENDITURE CF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
ITEMS FOR INDIVIDUAL CONSIDERATION
21. The Council considered approval of a resolution nominating a member(s) to the Appraisal
Review Board of the Denton Central Appraisal District.
Council Member Young asked about the number of individuals who could be nominated.
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Kathy Du Bose, Assistant City Manager for Finance, stated that there were five members whose
terms would expire and the City could nominate as many individuals as they liked.
Council Member Young nominated lane Fulton.
Council Member Dwrance nominated lay Hensley.
The following resolution was considered:
R97-068
A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD
OF THE DENTON CENTRAL APPRAISAL. DISTRICT; AND DECLARING AN
EFFECTIVE DATE.
On rol! vote, Beasley "aye", Kris!oferson "aye", Cochran "aye", Durrance "aye", Young "aye", and
Mayor Pro Tern Brock "aye". Motion carved unanimously.
•
22. The Council considered approval of an ordinance authorizing the City Manager to enter into
a one-year extension of the agreement between the City of Denton and the North Texas Education
and Training CO-OP for an English as a Second Language Program.
Dave Hill, Director for Planning and Development, stalod this was an extension of the contract to
• allow the North Texas Education and Training Cc-op to complete their program. • •
The following ordinance was considered:
NO. 97-310
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE-
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City of Denton City Council Minutes
October 21, 1997
Page 14
YEAR EXTENSION OF THE AGREEMENT BETWEEN THE CITY OF DENTON
AND THE NORTH TEXAS EDUCATION AND TRAINING CO-OP FOR AN
ENGLISH AS A SECOND LANGUAGE PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tern Brock
"aye". Motion carried unanimously.
23. The Council considered approval of an ordinance authorizing the City Manager to execute a
first amendment to the service agreement between the City of Denton and the Denton Family
Resource Center, Inc. to provide assistance regarding education, health, and general well-being of
children, and to extend the term of the agreement for one year.
Dave Hill, Director for Planning and Development, stated that this was a contract extension request
for a one-year period.
The fol lowing ordinance was considered:
NO. 97-311
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE SERVICE AGREEMENT BETWEEN THE CITY OF
DENTON AND THE DENTON FAMILY RESOURCE CENTER, INC. TO PROVIDE
ASSISTANCE REGARDING EDUCATION, HEALTH, AND GENERAL WELLBEING
OF CHILDREN TO EXTEND THE TERM OF THE AGREEMENT FOR ONE YEAR;
AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durmncc "aye", Young "aye", and Maya Pro Tern Brock
"aye". Motion carried unanimously.
24. The Council considered am, roval of an ordinance designating yid establishing a 35 mph
speed limit for Ryan Road from its intersection with F.M. 2181 west to its intersection with the city
• limits of Denton and a 35 mph speed limit for Mayhill Road from its intersection with U.S. 380 to
its intersection with 1.35E; providing that this ordinance shall not effect school zone ordinances
regulating the speed of vehicles during designated hours; providing for a penalty of a fine not to
exceed two hundred dollars; providing for a severability clause; and providing for a repealing
clause.
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• Rick Svehla, Deputy City Manager, stated that this was a recornmertdation from the Traffic Safety • •
Commission to increase the speed limit from 30 mph to 35 mph.
,
The foi!owing ordinance was considered;
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City of Denton City Council Minutes
October 21,1997
Page 15
NO. 997-312
AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED LIMITS FOR THE
FOLLOWING HIGHWAY WITHIN THE CITY OF DENTON; PROVIDING THAT
THIS ORDINANCE SHALL NOT EFFECT SCHOOL ZONE ORDINANCES
REGULATING THE SPEED OF VEHICLES DURING DESIGNATED HOURS;
PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00); PROVIDING FOR A SEVERABILfTY CLAUSE; PROVIDING
FOR A REPEALING CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Kristoferson motioned, Yvang seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durtance "aye", Young "aye", and Mayor Pro Tcm Brock
"aye". Motion tamed unanimously.
25. The Council considered approval of an ordinance designating and establishing a temporary
speed limit for U.S. 380 during the period of its reconstruction; providing that this ordinance shall
not effect school zone ordinances regulating the speed of vehicles during designated hours;
providing for a penalty of a fine not to exceed two hundred dollars; providing for a severability
clause; and providing for a repealing clause.
Rick Svehla, Deputy City Manager, stated that this was for the period of time for the reconstruction
of Highway 380.
The following ordinance was considered:
N0.97.313
AN ORDINANCE DESIGNATING AND ESTABLISHING A TEMPORARY SPEED
LIMIT FOR U.S. 380 DURING THE PERIOD OF ITS RECONSTRUCTION;
PROVIDING THAT THIS ORDINANCE SHALL NOT EFFECT SCHOOL ZONE
ORDINANCES REGULATING THE SPEED OF VEHICI:-c; DURING DESIGNATED
HOURS; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED 115'0
HUNDRED DOLLARS (5200.00); PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A REPEALING CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
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Council Member Young motioned to adopt the ordinance.
Council Member Beasley stated that this would be in effect only during the reconstruction
• Svehla replied correct and that it would take approximately I3 months. • •
Council Member Kristoferson seconded the motion. On roll vote, Beasley "aye", Kristoferson
"aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock "aye". Motion
carried unanimously.
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City of Denton City Council Minutes
October 21, 1997
Page 16
26. The Council considered adoption of an ordinance approving a real estate contract between
the City of Denton and L. A. Nelson, Jr. relating to the purchase of 0,233 acres of land for
constructing drainage improvctnents in the PEC A tributary of Pecan Creek.
The following ordinance was considered:
NO. 97-314
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND L.A. NELSON, JR. RELATING TO THE PURCHASE OF
0.233 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN
THE PECA TRIBUTARY OF PECAN CREEK; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Dunwice seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tern Brock
"ayc". Motion carried unanimously.
27. The Council considered adoption of an ordinance approving a real estate contract between
the City of Denton and Eva B. Johnson relating to the purchase of 0.30 acres of land for
constructing drainage improvements in the PECA tributary of Pecan Creek.
The following ordinance was corzidered:
NO. 97-315
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND EVA B. JOHNSON RELATIVE TO THE PURCHASE OF
0.30 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN
THE PEC-4 TRIBUTARY OF PECAN CREEK; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristofrmn "aye", Cochran "aye", Durrance "aye", Young "aye,, and Mayor Pro Tern Brock
"aye". Motion carved unanimously.
2g, The Council considered nominations/appointments to City's Boards and Commissions. 1
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Council Member Young nominated Joarmie Housewright to the Animal Shelter Advisory Board.
29. Miscellanccus matters from the City Manager.
City Manager Benavides did not have any items for Council.
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30. New Business
There were no items of New Business suggested by Council Members for future agendas.
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City of Denton City Council Minutes
October 21, 1997
Page 17
31. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the
Texas Open Meetings Act
32. There was no official action on Closed Meeting iterm held under Section 551-071-551.085
of the Texas Open Meetings Act.
With no further business the meeting was adjourned at 12 midnight
EULINE BROCK I
MAYOR PRO TEM
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MRr'UI'ES
October 28, 1997
After determining that a quonrm was present and convening in an open meeting, the City Council
convened in a closed meeting on Tuesday, October 28, 1997 at 5:15 p.m. in the Council Work
Session Room of City Hall.
PRESENT: Mayor Pro Tern Brock; Council Members Beasley, Kristofmwn, Cochran, Young
and Durance.
ABSENT: Mayor Miller
1. The Council considered the following in Closed Meeting:
A. Conference with Employees - Under TEX. GOV'T. CODE Sec. 551.075. The
Council received information from employees during a staff conference or briefing, but did
not deliberate during the conference.
Following the completion of the Closed Meeting, the Council attended a reception honoring
Senator David Sibley at the Longhorn Gallery, 101 N. Elm, Denton, Texas.
The Council convened into a Work Session on Tuesday, October 28, 1997 at 7:00 p.m. in the City
Council Work Session Room at City Hall.
PRESENT: Mayor Pro Tern Brock; Council Members Beasley, Kristoferson, Cochran, Young
and Durrance.
Absent: Mayor Miller
1. The Council received a report, held a discussion, and gave staff direction regarding The
Denton Plan Draft Policy Documents including draft mission statement, draft growth management
strategy, draft public involvement procedures, and draft planning policies.
David Hill, Director of Planning and Development, stated that the intent of this meeting was to
determine if the plan docurnenls were ready to be presented to the public for review and comment.
The public review process would last approximately four months. It was the intent of staff to
recommend that the policy documents would replace the 1988 Denton Development Plan as the
City's development guidance document. It would not replace the zoning ordinance but would help
• look at development ordinances of the City.
Mayor Pro Tern Brock asked that when the policies were adopted would they become the standards
even before the ordinances were completed.
Hill replied correct that there might some times when the policies were completed but not the t~ _
• formal ordinances. • i
Mission Statement -
Hill stated that Council Member Cochran had offered a substitute mission statement.
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City of Denton City Council Minutes
October 2g, 1997
Page 2
Council member Cochran stated that the draft mission statement in the back-up materials had
specifics which he did not feel needed to be in a mission statement. He did not feel specific streets
or areas should be included in the Mission Statement.
Council Member Beasley expressed concern about getting bogged down on each sentence of the
statement. Probably everyone on the Council would word the document differently and Council
might be bogged down in such a procedure.
Hill suggested having someone in the community look at the statement for an outside impression of
the statement. The final product would probably not look Re this when completed.
Council Member Kristoferson stated that no matter what was submitted to the public, it would not
be the same. She suggested allowing the public access to the draft and see who changes would
happen. Some of the suggestions from Council could be incorporated and then let the public view
it.
Council Member Young stated dint he was unsure about the version offered by Council Member
Cochran. He felt that there was too much emphasis on the universities and not enough emphasis on
high-tech industries.
Council Member Durrance felt that Council Member Cochran's version covered many points and
showed that the Council would be receiving many different points of view.
Mayor Pro Tern Brock stated that economic development experts indicated that Denton should
capitalize on its assets and had not done enough with the universities. Many felt the universities
were assets and drew high paying high-tech jobs.
Council Member Cochran stated that after the citizens looked at the document, he hope there would
be suggestions on how to tic it together with a common thread.
Council Member Beasley staled that all of the wording could be changed or have different ways to
look at the statement but that Council needed to get the document out to the public for comments.
• She fe't the draft captured the essentials of everyone's mission statements. She suggested getting it
out to public to sec what they felt should be emphasized or de-emphasized.
Mayor Pro Tern Brock suggested blending the two documents and use language from both for a
draft for public comment.
• Growth Management Sti at
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Council Member Beasley noted that there were "shoulds" in the document and felt there should be
more'%ill's" instead.
Hill slated that there had beer, much staff discussion regarding that issue. If Council wanted more
forceful wording, it could be changed. This was intended to be a guide but if Council wanted more
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City of Denton City Council Minutes
October 28, 1997
Page 3
of a priority, the "shoulds" could be changed to "wills'. "Should" provided direction while '%kill"
indicated the direction that would be taken. As the development plans were finalized the language
would be firmed up, as Council desired.
Public Involvement Procedures
Hill stated that as many different kinds of media, which were available, would be used for public
involvement procedures. Sonic of those included public meetings, presentations to civic
organizations, neighborhood associations, special interest groups, or other interested parties. The
intent would be to reach a wide audience by attending meetings that had already been scheduled.
Staff would organize and summarize the public comments and would indicate specifically who the
draft plan was influenced by the comments.
Infrastructure Policies - Transportation System
Council Member Beasley asked for a definition of # 11 which stated that a transportation lobbying
campaign should be conducted to promote infiastructure linkages.
Hill stated that that was a reference to regional relationships such as NCTCOG and the i
Metropolitan Planning Organizations.
Council Member Beasley suggested having definitions in that section to make it easier to read.
Mayor Pro Tern Brock stated that transportation network implied something fixed in the process
which was only for streets. She suggested changing the emphasis.
Council Member Durrance suggested another word for "network" and change that emphasis.
Hill stated that it could be changed to the "City of Denton" and would use the thoroughfare plan to
design projects.
Mayor Pro Tem Brock noted a similar problem with Access Management practices.
•
Hill stated that the emphasis could be changed by not capitalizing it. A glossary could be included
in the back to help with definitions. '
Infrastructure Policies Stormwater Drainage System
• Council Member Cochran asked about dedication of Ooodplains. • •
Hill stated that at this point in time, the City did not require dedication of floodplain but rather the
floodway.
Jill Jordan, Interim Director of Water/Wastewater stated that the city was not curren y requiring
dedication of floodplain. This would be a departure fiom the way the City currently was doing
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City of Denton City Council Minutes
October 28, 1997
Page 4
business. The proposal would require a dedication of a portion of the floodplaWfloodway to the
City and the City would assume responsibility of that land and the maintenance of that land.
Watershed Management Plans
Hill stated that this defdtion would deal with erosion, water quality concerns, where urban types
of drainage systems would be located and where there were real drainage systems. These plans
would be a document that would be prepared for public comment and alternatives for consideration.
Infrastructure Policies - Water and Wastewater Systems
Council Member Durrance felt that an additional statement was needed to indicate that the City was
working with intergovernmental entities to work toward long term water issues.
Council Member Young asked about an infrll policy in the document.
Hill stated that that was located on page 14 of the document which indicated that neighborhoods
should be served but did not indicate how and when.
Infrastructure Policies - Electric System
Council Member Young asked if all new development would have underground utilities.
Hill replied correct plus the City would work to have underground utilities when redesigning older
areas of the City.
Jordan stated that this should be expanded in the future to include the telecommuni cations industry.
Hill replied correct that these policies were not intended to be static. They were meant to be fluid
and be changed with changing conditions.
Solid Waste
•
Council Member Cochran asked about the use of public right-of-way for dumpsters.
Rick Svehla, Deputy City Manager, stated that part of the issue was old dumpstem versus new /
dumpsters. Every commercial development before the Development Review Committee was
required to show where dumpsters would be placed. An issue was no location for dumpster as they
• were not there when the building was constructed. There was a need to have other ways to deal •
with that. Most dumpers in those locations would end up on public right-of-way but that did not
mean that they could not regulated how they looked.
Council Member Beasley felt that specific areas could be looked at in small area discussions. She
felt this was more of a development policy.
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City of Denton City Council Minutes
October 28,1497
Page 5
Parks and Recreation Policies
council member Cochran asked about the policy of accepting green space for development. He
asked what was the minimum amount accepted at Us point in time. He was interested in reducing
those requirements from five acres in order to receive more property.
Ed Hodney, Director of Parks and Recreation, agreed in essence. A five-acre tract with less than
500 units was a very large amount of land to donate. In those cases, there was the possibility of
having too many small areas with one or two acre parks that would increase maintenance and
operation costs.
Council Member Young stated that the policy sounded good but would be expensive to take
expensive land away from the developers. Tliat might also increase the price of the homes to make
up for the loss of land. It was not feasible to have parks everywhere.
Hodney stated that this issue had been to the Parks and Recreation Board for consideration and to
begin the public review process. The Board had spoken with realtors and others in the community
regarding the briefings. There was a significant amount of public review of the document.
Environmental Quality Policies
Council did not have any comments in this area.
Neighborhood Policies
Council Member B -sley asked about #5 and was that forum something similar to a council of
neighborhoods.
Mayor Pro Tern Brock indicated that that came from the Vision statement.
Council Member Cochran felt that a specific neighborhood contact was necdad to help citizens
understand the system better.
Mayor Pro Tern Brock felt that it was important to have neighborhood associations to work with i
City departments,
Housing Policies_
• Council did not have any comments in this area. • •
Economic Diversification Policies
Council did not have any comments in this area
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City of Denton City Council Minutes
October 28, 1997
Page 6
Government Policies
Council did not have any comments in this area.
Urban Design Policies
Council did not have any comments in this area
Public Involvement Policies
Council did not have any comments in this area
Hill stated that Council would be updated as the public process evolved.
2. Council received a timetable, held a discussion and gave staff direction on how to proceed
with impart fees.
Jill Jordan, Interim Director of WatedWastewater, stated that impact fees were a charge imposed on
a new development to fund or recoup the costs of capital improvements necessitated by and
attributable to the now development Types of capital improvements that could be funded in part
by impact fees included water supply, treatment, and distribution facilities; wastewater collection
and treatment facilities; drainage facilities; and roadway facilities. Local examples of projects that
could be funded included detention basins on Hickory Creek and possibly Cooper Creek; a new
water treatment plant; wastewater treatment plant expansion; collector or larger roadways within
the City limits. Examples of local projects that could tat be funded with impact fees included:
correction of inflow and infiltration problems in existing wastewater collection system; water
storage tank for the middle pressure plane which covered the heart of the city; replacement channels
along Pecan Creek through the center of the City, storm water sampling and other activities
associated with the storm water discharge permit that the City would have to get in approximately
2001. Staff knew of no cities that had drainage impact fees at this time. Several cities in this area
had roadway impact fees. Staff was continuing to research which cities in this area had impact fees,
for which types of capital improvement they charged impact fees, and what types of revenues these
• fees produced. The process of enacting impact fees involved the following key elements: develop
and adopt land use assumptions which included a description of the service area and projections of
changes in land uses, densities, intensities, and population in the service area over at least a ten year
period; prepare a CIP plan, including cost estimates of infrastructure needs and proposed fees;
obtain input from an Advisory Board; solicit public comment; and adopt the fees by ordinance.
• Council member Young stated that he was against this fee as it really was a tax. 0 0
Council Member Cochran felt that this was a falmess issue and an equity issue.
Council Member Beasley stated that many cities that had vich fees were growing at a fantastic pace
so it really was not a stop to development Many cities had born doing this for many years.
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City of Denton City Council Minutes
October 28, I997
Page 7
Jordan continued that key decision points included selection of the types of capital improvements to
be included in the impact fees; timing of the development of land use assumptions with two options
to proceed before the new comprehensive plan was formulated which would mean reliance on the
'SS DDP and market projections of growth or waist on preparing the land use assumptions until the
completion of the comprehensive plan; decide on whether the City would impose impact fees on
the basis of full cost recovery or partial recovery; appoint an Advisory Board with a decision
having to be made of when to select the members :cod who should serve. The Advisory Board had
to have at least five members who represented at least 40% of the development community.
Another alternative would be to appoint the current Cl? Oversight Committee. The answers to
these key decision points affected the length of time and cost of going through the impact fee
process. Cost considerations included (1) hiring a consultant to prepare the land use assumptions
and a 10-year CIP plan and calculate the impact fees; (2) typical costs of these studies varied
tremendously, depending upon the decisions mentioned previously, the study cost that the City
would pay was dependent on the desired speed of the study, the depth of data and analysis that the
consultant must do and how much staff time would be diverted to the study, to provide more
control and spread the costs Oct over multiple budget years, use a two-part contract with the
consultants-first phase land use fr..casts and assumptions and second phase CIP planning. Future,
ongoing cost considerations included updating studies every 3-5 years and under certain conditions,
the City would have to rebate impact fees that it had mIlected from a developer back to that
developer. If it were desired to enact impact fees, staff recommended (1) follow the schedule in
Scenario 2 as indicated in the agenda back-up materials so that impact fees were based on the new
comprehensive plan, (2) set up the consultant contract so that the work for the Denton Plan could
accommodate the impact fees process, (3) stage the consultant's contract to spread the costs over
multiple budget years, and (4) continue to pursue impact fees associated with water and wastewater
facilities btt not roadways or drainage. Continue to fund there activities using existing funding
sources or in the alternative, reconsider the concept of a drainage utility.
Council Member Young asked if the Council acted on this or did the citizens.
Jordan replied that the citizens would be given an opportunity for input and then it would be a
council decision. She presented two scenarios timelines for Council consideration which were
included in the agenda back-up materials.
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Council Member Beasley asked if Council immediately started on this, was there any money i
available for the consultant.
City Manager Benmides stated that staff would have to look for tie money and give Council a E
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Council Member Krislofcrson asked about shared costs for the comprehensive plan
City Manager Bcnavides stated that staff would have to look for those funds also. Any contract
would have to be put out for bid and a time constraint would also be a corssideration.
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City of Denton City Council Minutes f
October 28, 1997
Page 8
Council Member Cochran felt that Scenario 2 would provide a more solid project and allowed for
more public input. He did not want to rush into the project.
Council Member Durrance stated that he had concerns about Scenario 2 as it dealt with full cost
recovery as opposed to limited recovery in Scenario I. He was concerned about a time lhoe that
was 3 years away. He felt that a quicker time frame would be better. He suggested continuing to
work on the proposals, discuss the consultant's purpose, and investigate how to perceive a cost
savings.
Council Member Beasley stated that she was not sure about Scenario 1. She wanted to make sure
do right do with the comprehensive plan. Sbe was still not sure she wanted to have impact fees but
would like more information. She also wanted to htve public comment on whether or not to
procm&
Council discussed Scenario 1 and Scenario 2 in tennis of time involved and amount of citizen input.
Consensus of the Council was to not follow Scenario I as it was more costly, did not have as much
citizen input and did not have full cost recovery.
Durrance motioned, Kristoferson seconded to support Scenario 2. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "ayes", Young "nay", and Brock "aye". Motion
carried unanimouly.
With no further business, the meeting was adjourned at 10:50 pm.
EULINE BROOK, MAYOR PRO TEM
CITY OF DEMON, TEXAS
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JENNIFER WALTERS
CITY SECRETARY
CITY OF DEMON, TEXAS i
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Agenda No
ORDINANCE NO. Aoonda Lem
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AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or serviczs, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
APB .ESL VENDOR AMOUNT
2123 1 REEDER DISTRIBUTING .6091 PER GAL
2123 2 MARTIN EAGLE .5997 PER GAL E
2123 3 KELSOE OIL .6722 PER GAL
2123 4 LUCKY LADY 1.45 PER GAL
i
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 mid 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. • •
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$ECTIOj j IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the cgwrditice of finds therefor in the amount
and in accordance with the approved bids or purs•.umt to a written contract made pursuant thereto as
authorized herein
SECTION V. That this ordinance shaft 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
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DATE: DECEMBER 16, 1997
CITY COUNCIL REPORT
{ TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES:
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR
AN EFFECTIVE DATE (BID X 2123 - GASOLINE, DIESEL AND KEROSENE).
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder as listed:
TOTAL
Unleaded Gasoline a er tst. i --3121.820-DO
tese arUn a e ~ M7'
02, Diesel un cr a e soe i
erosene Lucky Lady 1 1.45
Estimated total expenditure $316.390.00
$,j~$: This bid is for the annual supply of Qasoline, diesel and kerosene, The awarded sellirtt
pri me u es a txed cost for transportation handling and profit However, the price per gallon ; the fuel
terminal may vary depending upon supply and demand as well as other factors. Price variance is based upon 1
the DFW Oil Price Information Service Index (OPTS) which is published daily and has equal effect on all ,
supplies.
The listed quantities are estimates only. Fuel will be purchased as needed throughout the contract period. }
C
PROGRAMS DEPARTMENTS OR GROUPS AFFECTFD4 Fleet Services and Working Capital
Inventory.
• Fuel will be purchased from 1997.98 budget funds and/or 1997.99 Fleet Services
orking apita accounts and resold to the using departments.
Attachment: Tabulation Sheet
Respectfully submitted:
1
• at u e
N-D r" Manager of Finance
Prepared by:
• i Name: Tom Shaw, i -
Tide: Purchasing Agent
971 .AC[NDA / - ,
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TABULATION SHEET
BID 11 2123
BID NAME GASOUNE, DIESEL AND KEROSENE
OPEN DATE 54lov i7
ITEM fi 1 -ANNUAL AGREEMENT FOR PURCHASE OF:
610 RANXING DESCRU T10N :FlYENDOR PRICE
1 UNLEADED GAS REEDER DIST 0.8091
2 UNLEADED GAS MARTIN EAGLE 0.6131
3 UNLEADED GAS LUCKY LADY OIL 0.6184
4 UNLEADED GAS KELSOEOIL 0.6187
S UNLEADED GAS DOUGLAS IN ST. 0.6231
ITEM! 2 - ANNUAL AGREEMENT FOR PURCHASE OF:
gq RANKING DESCRIPTION VENDOR PRICE
1 #2 DIESEL MARTIN EAGLE D.SN7
2 52 DIESEL REEDER DIST. 0.6007
3 #2 DIESEL LUCKY LADY OIL 0.6063
4 R2 DIESEL KELSOE OIL 0.8097
5 #2 DIESEL DOUGLAS MT. 0.6116
ITEM # 3 -ANNUAL AGREEMENT FOR PURCHASE OF.
BID RANKING DESCRIPTION VENDOR PRICE
i
1 02 DIESEL UNDER 500 GAL. KELSOE OIL 0.0722
2 02 DIESEL UNDER 500 GAL. DOUGUIS DIST. 0.6875
3 02 DIESEL UNDER 500 GAl . LUCKY LADY OiL 0.7563
4 02 DIESEL UNDER 500 GAL. REEDER DST. 0.7807
5 02 DIESEL UNDER 500 GAL. MARTIN EAGLE OIL 077877
• REM / 4 -ANWAL AGREEMENT FOR PURCHASE Of: i
BID RANKING DESCRIPTION VENDOR PRICE
1 KEROSENE LUCKY LADY O(L 1,45
2 KEROSENE KELSOE OIL 1.8
3 KEROSENE DOUGLAS DIST. 1.609 • •
• 4 KEROSENE MARTIN EAGLE OfL 1.65
5 KEROSENE REDDER DIST. 1.69 i
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Apend~ Fto.
ORDINANCE NO. Agenda Item
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A R
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or Services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 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 accepmL
and approved as being the lowest responsible bids for such items:
I
BID
NUMBE ML VENDO AMOUNT
2131 1 PRIESTER S 5,523.00
2131 2 SESCO 312,210.00
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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 terns,
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.
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SECTION TV. That by the accepW" and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the exper►diture 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 immediatoty upon its passage and
approval.
PASSED AND APPROVED this day of 1991.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETAII Y
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BY t 1
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.01W
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DATE: DECEMBER 16, 1997
CITY COUNCIL REPORT
TO'. Mayor and Members of the City Council
t FROST: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR fHE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND VOVIDING FOR
AN EFFECTIVE DATE (BID M 2131 - DISTRIBUTION TRANSFORMERS)
RECOMMENDATION: We recommend this bid be awarded to the low evaluated bidder for each item:
TRANSFORMER 500 A 2771480 1 _ A FRIESTER 1 ;.323 00 A
2. 1 A A A
For a total expenditure of S 17,773.00
- This bid is for the purchase of distribution transformers for use by the Electric Distribution
Department. The 500 KVA will be placed at the Calhoun Middle School main building. The two 300 KVA
transformers will be used in the Fort Worth Drive overhead to underground conversion,
L
Ten bid proposals were received in response to twenty-two bid packages mailed to verdors.
N
UPS • Electric Distribution Depariment, Electric }
nton, iti h in tlx areas,
Customers w at iry OMNI
FISCAL ISIPACT: 1997.98 budget funds for Electric Distribution account y 610.103.103I.368.9222. j
Attachments: Tabulation Sheet
Don McLaughlin evaluation dated November 17, 1997
Respectfully submitted:
A 4/1 11
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Assistant. Canager of Finance
Prepared by:
ti ~ f
ame: entse arpoo
Title: Senior Buyer
Approved:
C ame: om Shaw. ~I
Title: Purchasing.Agent
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DID A 2131 f
BIDNAME DIS7RIBUTIONTRANSFORMERS GRANVILLE VAN TRAN ~ TEMPLE ~ KBS ~ WESCO
TRANSFORMER
OPEN DATE NOVEMBER 11,1"7
A I QTY 1 DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR
•
1. 1 EA TRANSFORMER, 3 PHASE,
3 PHASE, 500 KVA, 217/490
PADMOUNTED SA,17A.Aa 57,630.00 fb,766 00 SS 590.01 $6 67100.
2. 2 EA TRANSFORMER, 3 PHASE, DELTA
{ 300 KVA, IM40 PAOMOUNTED 52,06A." 56,442." NO BID NO BID NO BID
r
BID 0 2131
BID NAME DISTRIBUTION TRANSFORMERS PAUWELS SESCO { PRIESTER GE SUPPLY TECHLINE
f 00 PREFERRED ~ SUPPLY
1 OLNENDA NOVEMBER 1 97 SALES
QTY VENDOR VENDOR VENDOR VENDOR VENDOR
DESCRIPTION
1. I EA TRANSFORMER, 3 PHASE,
3 PHASE, S00 KVA, 2771480
PADMOUNTED f $6,735." A@09.001 55 23.00+ 58,901105 S6}56.00
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2. 2 EA TRANSFORMER, 3 PHASE, DELTA
! 300 KVA, 126140 PADMOUNTED NO BID Sf,lOS.00 NO BID 58,479.52 NO BID !
J NO 810 RESPONSES i
CUMMINS UTILITY
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To Denise Harpo* Senior &.ysr
From Don MrisughAn; Ssrdor Enghwsr 's~
' - EnpMeerinp
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Daft ;t NovarA of 17..1997 .N pY Y~1 'r p 1 , y~ '
Subje& EualuaHon of Quotation on W # 2131 k {t r
Locations '
Out 500 KVA 277/490 voh pd mounted traasfoemer is for CWhmz Middle School Main Building 1997
Two 300 KVA 120240 voh deha =d mo mted transformer we for the Fort Worth Drive overhead to
underground conversion-
S
Doeald L. McLaaghl n
Attxhmems:
I. Exhibit 1. Loss / Cost Evaluation
U. Exhibit 11, Total Cost
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Bid WaMuation
OldNwmba 1r3r
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Deat►ipdom 999M22 TR MM.. 3PH GG SOOKY,4 2771480
Q miry 1 Load Fador 0.36
Vneder/Mfg. NL 5YL CM Ddfverv Ey audCot!
PA"w S+rc01v / OaoP.r 526 1740 6s,S23.00 120 52/,559,49
KU Efa 'k ! CWW Sx 1740 WHOM 120 929.766.96 .
A fa Saw / P&fM* 646 3337 66,735.00 140 536.726.91
T4CK" Ina / H wwd 763 3543 "Am 00 161 636.174.96
Tort / oanrratEfactrx 164 474 88,766.00 70 530,517.42
WESCO / A66 M7 3743 $6,674 OP 64 540,716,36
Van Tran / Van Tnn 610 4200 57,636.00 49 616,113.10 j
G+4 Wft / Pfonw 740 4000 88.476.00 64 647,463.06 '
GE Supply / P%Nww 740 4000 51,90210 64 946.919.42
SESCO / SESCO 1109 5300 656400 N 963.167.70
Dwrlpdom 9MM47 TRAMS-, 3PH DELTA, 120.1240 300 KYA
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Q4w11drp 2 Loaf Foclor 0.36 '
6/ender/Mfr NL fi> Cost Ddfverr Eva/wrfedCotl
SESCO / SESCO 623 2400 88.10300 56 633.42412
Van Tram. / Van Tran 400 1200 56,44100 49 535404.63
Gra4nvft / Pgnaar 690 2250 88A88 00 64 640.174.44
GE Supply / PienaM 690 2260 88,470 S2 64 641.M.96
,1l0n4r. ,YOW06rr I?. 1"7 ft f 7 off
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Total Cost of Transformers Bid 2131 I
Description Quantity Cat Total
Tramformer Three Phase UG 500 KVA 27'7980 1 $5,523 $5,523
•
Transformer Three Phase Deka tX3 300 KVA 1201 2 $8,105 $12,210
rand Total $17,733
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•
Apende No. `7~I-O.JD
ORDINANCE NO. Agenda Ite
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A C6RI'ILAT FUR
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 e
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 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: f ;
BID ITEM
NIMER AQ. VENDOR AMO
2137 ALL CASCO INDUSTRIES $29,822.00
SECTION, H. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items awl
agrees to purchase the materials, equipment, supplies or senices in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting approved and accepted items
and of the submitted bids wish to enter into a formal written agreement as a result of the
• acceptance, approval, and awarding of the bids, the City Manager or his designated representative
is hereby authorized to execute the written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions, specificatiorm standards, quantities and l
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
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SECTION Y. 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
mI 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 th.:s day of .1997.
JACK MILLER, MAYOR
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY i'
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BY:
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Eyl r~Flt,~f" ~f :'l.'ryi';3+!L. ~.~..^~j~~~i 'l 'i ~'~,v''~rv.+~>,C'{!{~'..'7~i .`~T.1'?,
F
DATE: DECEMBER l6, 1997
t
CITY COUNCIL RFPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance a
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 # 2137 - FIRE STATION UNIFORMS)
RECON,LM V ((QQX: We recommend this bid be awarded to the lowest bidder, Casco Industries, in the
estimate tots o 9 32.00.
• This bid is for the annual supply of Fire Station work uniforms for the Fire Department.
T e i is away warded with all items to one supplier to assure matching colors, materials and styles.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Fire Department Personnel.
l
The purchase of these uniforms is an annual expenditure included in the 1997•98 budget
account $ 100-060-0051-9108.
Attachment: Tabulation Sheet
t
Respectfully submitted:
at y u 0 Assistan i Manager of Finance
Prepared by:
Name: Tom Shaw, f.
Titlr. Purchasing Agent '
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TABULATION SHEET
BID # 2137
CASCO DEVERf.AU UMIFORMS UON UN WORM
BID NAME FRE STATION UNIFORM INC Of
TEXAS
DATE 2546ov47
i OTY INSCRIPTION VENDOR VENDOR VENDOR VENDOR V6941DOR
FIREFIGHTER STATION I
WORK UNIFORM
1 210 EA PANTS 662.25 $61.56 $6625 679.59 86.57
2 210 EA SHIRT, SNORT SLEEVE $56.05 t82-28 666.15 W." 570.14
• r
3 100 EA SHIRT, LONG $LEM $0.60 109.0 $64.36 .1M.$9 81.12
4 310 EA SEW ON TWO PATCHES $0.90 $1.30 61.00 $0.75 94CLUDED
TOTAL M"2.00 $30 217.00 $32,72300 $36,722.30 611,771.10
DELIVERY W120 DAYS 4660 DAYS 7$-90 DAYS 90 DAYS 45 DAYS
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Apenda No. "D5
Aganda Irsm
Date -
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF
MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ON£ SOURCE IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXBEYIWG SUCH PURCHASES
FROM REQUIREMENTS OF COMPETTTIVE 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 replccement parts or components for
equipment; and hbrary materials for a public library that are available only from the persons holding
exclusive distribution rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above
paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS:
SECTION 1. That the following purchases of materials, equipment or supplies, as described in
the "Purchase Orders" attached bereto, are hereby approved.
i
PURCHASE
ORDER . 1MB R VENDOP, AMO +~1
SISS3 MOTOROLA COMMUNICATIONS $53,569.00
SECTION 11. That the acceptance and appmYal of the above items shall not constitute a contract
• betivem 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 111. That the City Manager is hereby authorized to execute any contracts relating to
t%e items specified in Section I and the expenditure of funds pursuant to said contracts is hereby -
• authorized. t • •
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SECTION N. That this ordinance shall become effective immediately upon its passage and
approval.
•
PASSED AND APPROVED this the day of .1997
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SOLE SOURCE
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DATE: DECEMBER i6, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH: ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
E.MPT 4G SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS;
AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER # 81553 TO
MOTOROLA COMMUNICATIONS)
N We recommend purchase order #91553 to Motorola Communications be approved
RECOMME
in the amount o 3, .00.
Purchase order #81553 is for the purchase of forty-one (411 band held mobile radios and
nine o sttt options. These radios and accessories are for the Transportation Engineering Department. The
purpose of acquiring the new radios is to allow this department to participate to the high water emergency plan
that is now being implemented.
This acquisition is a sole source purchase and exempt from the bid process (Chapter 252 Texas Local
Government Code).
The City of Denton's radio system is a Type 11 Motorola S00 mhz trtmking system. All radius purchased must
be compatible to this system and are only a+at able from Motorola Communications. Design and operation
software are protected by patent and copyright
( The attached price sheet is extended to all entities in Denton County utilizing the 800 mhz system.
\ \
'TED Transportation Engineering Department.
Communications ivisiort o u ity parimera an Hig Pater Emergency Plan.
PACL- Funds for the radios and accessories will come from the 1997-98 budges for Traffic
Control, Pub is Works Administration and Police Patrol Division.
100-020-0012.9110 S31,887.00 Traffic Control
100-020.0031.9113 520,582.00 Public Works Administration
100-070.0040-9110 $ 1,100.00 Police Patrol k
Attachments: Purchase Order # 81553 }
Price Sheet dated 3.4.97
Respectfully submitted:
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at u <t
Assist: ity Manager of Finance ti
Prepared by:
( \ame: Tom D. Shaw. C.P.\1. t
Title: Purchasing Agent
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Ibis ,Lnhew ,nrl hxM► p1 rl CONFlRMNM, Ow
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R*q Nm 8d t+« D" 11 21 97 pop No. 01
TEXA
CITY OF
MROIASING W1.90N 1 901-8 TEXAS ST~f I OEWOPLSEXAS 75201-4354
9401349-7100 D1FW AETRO 8171257-0042 FAX 9401349-7302
'.NDOR MOTOROLA COMMUNICATIONS
%ME/ 1801 ROYAL LM 1800 DELIVERY CONFIRMATION ONLY C37
)DRESS ADDRESS COMMUNICATIONS •
DALLAS TX 75229 901 B TEXAS ST
DENTON TX 76201
JIM MANTOS
VENDOR AID, KOT52500 ORNERY OWED O1 01 9B IS DESTINATION Km TS TOW {
A ~OUAKMA J& "71 k >:u^ r T
101 7.00 EA VENDOR CAT. 1HO14X MFG ?AMR 2,011.000 14,077.00
CITY 1 72518
MIS-2000-121 RADIO Y/CHARGER/STARTSITE
102 7.00 EA VENDOR CAT. 1H312 NFG SAME 30.000 210.00
CITY 1 72578
HOLSTER OPTION
,03 2.00 EA VENDOR CAT. 1HOIQX MFG MANE 2,011.900 4,022.00
CITY 1 72578
NTS-2000-1I1 RADIO V/CHAROSR/STARTSITE
04 2.00 EA VENDOR CAT. 1H312 NFG MANE 30.000 60.00
CITY 1 72578
HOLSTER OPTION
I
% P OE TOTAL 1 18,369.00
l
i
A
DOR '046 UC1"- 1. tofu - her I4 Vin .Mdr y.,a,ll kdorKh ;sw ore" Oil Yaws w rib *Obuk cqr. 1 5 S h"04 or sYtr F.C Ye@s*AiwM PrmW Wows oa dw r.++l
w Y Accom Td" bt in prices Ile]
!I! E7141-om y
• . :}Jnr- r..^ ~1 . _ W*Tw ~pati z'o'o e ACN'rA l
a
i, • ti'- ti' t 1~ f f~c )L S1(~{ ~i31Y Er., V ~ 'r
•
rulluuae xxx
figs rx,r6m mrl jtgn ar A CONFIAMN4O ORDER
rtvacos, 604rerr srps, Crr., Of MARKEDI
c". boxes. pockk p sibs &A WIS. DO NOT Dl1PUCATE
Uq Na 84 Na De1« 11 21 97 Pepe No. 02
PURCHASM OPVLgONN11 9001 0 TEX S s~f I DEWXON. TEW 76201-4354
9401349-7100 D/FW WTRO 817/267-0042 FAX 9401319-7302
NDOR MOTOROLA CONNUNJCATIOMS
1.ME1 1801 ROYAL LN 1800 DELIVERY CONFIRMATION ONLY C37
)DRESS ADDRESS COMMUNICATIONS
DALLAS TX 75229 901 B TEXAS ST
N
DZKTOI TX 76201
JIM NANTOS
VENDOR NO. NOT52500 DELIVERY QUOTED Ol 01 98 FOB DESTINATION BUYER TS TERMS
105 16.00 EA VENDOR CAT. 1NOINX MFG MAPS 11100.000 17,600.00
CITY 1 72578
MCS-2000-1 / STARTSITE
06 15.00 EA VENDOR CAT. 1M0IMX MFG MANE 11100.000 16,500.00
CITY 1 72578 '
MSC-2000-1 / STARTSITE
07 1.00 EA VENDOR CAT. MINX MFG NAME 11100.000 1,100.00
CITY / 72578
MCS-2000-I / STARTSITE
P OE TOTAL s 35,200.00 t
OR ND TOTAL t 53,569.00
~ 1 100 020 0012 9110 31.887.00 •
• 2 100 020 0031 9110 20,582.00
3 10J 070 0040 P001 9110 1,100.00 '
R
Doll NSTRUCTIDNS Tne.s Net 70
4e1 WOW W*f with 60iude cm. 4. Spiry Wtowtiens F,0.6 Ontirsix Fr@W trrweao. v.,aws
7I
911 Y its *I*~k f. M prices I~ nos sr Mr1 M Yrdrrlel
•
•
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NU71bMA IA V. 1997 PRICE U AM Mmtw
1111 Royal La, See. T)W Ph:117.MI-IM4
D41111, TX 75119 rn: / 17.2414697
•69l7P212CS Tnr
for
IIf2~Tm CO"Yff
ATT1r POICAASM OtPAXIMMT
Pbs" II7d6s4m roc 117466.1479
PrMn 0 IS' Ilol Dooms 15417
IJI(
MTS2101 SMAR'T74LT f0133 28 PORTAKA
mm QTS M"LL DTSUL137" AM' LNII LLTLOID MIT SXIMES
AXAMM
MUM ITARTUM LSLM M POIRALIJC
10 1 II)IQX M7S2000PORTAKESPRET 466 IJ20M IJ200D IpS600 1,05600 I{
s 1 204H NTS1000(!]FM""IZ2 466 171.50 SUM MO 00 70000
b l FD6 ADD. SYSW4►ACI O&SIARMTE 466 22000 220.00 176.00 17600 E
c I WO) DI3ETIBBLTCLJP 466 (10.00) (10.00) (10,00) (10"
7I I RNIIN CMKCfkt.IIOYSIMEC06PACT 166 9000 10.00 n00 711M
12 1 NT10311 ADDALL%LCIJP2.W 176 1100 13M 1100 Il W
TOTAL IN""KI 2!0730 2IIL10
XT5MM STARMI S UKZII Q POITAILL
17 1 FR71QX SRS2000POPTABLE SFRES 466 IJ2000 1J20W 1.0%00 IJO%00
1 )m S(TS200011R906- mm 466 54450 541.50 0600 06.00
b I R36 ADD SYSUNIPAC1UUE. STARTSM 4% 22000 22000 17600 176.00
. c 1 12101 DETETEBELTCUP 6% (10.00) (1M (10,00) (10001
M 1 VM171 ClW(OLIIOV5N ECOWACT 466 9000 1000 7{,00 710U
1S 1 NIIMN ADDAUMCLIP 2.0' 471 )!00 UOO MOO 1100
L416LI~al31CL 217730 1,747A1
t S(TS20M STARTUM SIMM I PORTAIIX
if 1 MIQX WTS2000PMTAMZSDM ` 466 1!)000 1!20.00 IA%J)O IPMOD
1 1 2m WIS20001)WW6J70b0T1 466 21450 2/30 17) 00 17200
• b 1 F06 ADDSYSIEMPACICAOLSTAR1911 466 22000 22000 11600 17600 •
c 1 MI DELLIEBELTCT.P 166 (1900) (100" (10 OR (IOW)
17 1 ICTNI 171 Cwc.E7L 11 OY SL~4C41E C01 PACT 466 IOW 9100 n 00 n ro
II 7 NMI# ADDAL CLIPI V 06 12.00 1210 HOO 1100
LQM UM PL2Li 1.11750 I,M,7JN
DCJ(2A Two; In J*"
J_^ r
•
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0k/37-261.1444
1601 RolalLa.Ut.I IN
23a5" TX 73229 Fat W7.261402
"0907 PR3C'C 2.✓:97'
Ir
1110 TW COVMTY
ATM nRCKMV0G 91PAATMM
Pfau 617.466-M lac 111466.1171
P16da1040oww Dats U-w
&MMM1111AR m 1JIlm m FMA211
FTIM QTY mob" DISCRUMON AN mTT 9M NM LM rXTZM=
19 1 IM1 ALT; RAMAY,FACMRYAMtAL 402 3600 1607 3600 3600 1
20 1 H312 ALT;CA3F, tFATIff WMR7LOOP 402 34.00 31.00 3000 MOD
21 1 "I DEL. STD BELTCLIP 2v 102 00003 (10001 (1000) (1000)
22 1 HM ADD 250 MOVECAFABLITY 432 15000 15000 11200 13209
23 0 H79S ADD: mitYYTION,M3-n 432 11900 749.00 14900 14900
24 1 H1 AMEXPMSSERVICEMM ILS 3600 3600 )600 3600
23 1 N"4193 AtlD70 ACC, RUVTE &v0UC 476 2303 1.00 11.00 1100
26 1 NAQK221 AUDIO ACC, PUJB3AFBTY SPI(1(44C 476 10200 10200 9000 9000
21 1 NAF5047 14WAVE Iola AM MIA 271 2200 22.00 19 DO 1000
21 1 N7NI171 CHAROMI10VSNgE"ACT 416 9000 9000 7190 71300
29 1 WHIM C9IAROM I IOV IAXTI RAIM 476 675 00 613,00 $7401 $7400
30 1 NTM164 DE_IX70F RAPID CHAROER 476 125 DD 12500 11000 11000
31 1 HIM FACTORY MWALHATTHY V2 6773 67DO $5.00 3507
33 1 4MiI41 SPARE BATTERY, 100HCAP 176 1300 1500 )200 7200
33 1 VW144 SPARE BATTERY.U.TRA18MCAPACTIY 476 11000 (1000 9400 9400
• 34 1 YT12/311 CARRY ACC, BELT CLIP 3' 402 1100 13,00 1100 1106
)S I RVOIS BA77ERYELDZMTCR 596 75.00 3300 64M (A 00 i
36 1 T091940 BAT75tYMAINTIMSICESYS7EV 119 1700 11700 69100 69403
)7 1 77X."3435 BAITERYADAPM IM 36w 3601 3100 31.0D
31 1 TDNM16 VEH)CkW BATIERY CHARGER FOR MTS2000 291 moo 2100 25100 25100
39 1 NI6T1 WVAVETQCI7l"JLDAPTER . 416 61560 4500 Woo 36501
t I QI47 AM.VEAXFRAL7)106WATT 416 99.00 "OD 1100 4100
1 I )w ALT CABLE PUT. TltWWLWT 476 40.00 4000 1500 )500 •
e I Q150 ADD. POSTRA.WIF3Fa.100F1 476 23600 23600 20100 20100
40 1 RRA4914 ANTEMA MCO $106-970A912 554 3000 30 D0 2600 2606
1
rC.RL3 706a2 b !MT
•
•
M
ST
)Sol UTU0yel La. Stt JM Maala {
a TX 52 et WO 11994 PRICE IJ
fk 111.261.11184
Dabs. rx 1e219 u1a6241cf2
1991 PW1 [aT"
M
BM'TON CO61FrTY
ArM PJRCJL4S GDwABT)UM
Pbow617•JG54M I=1/Td664679
PM1l~ Otits~cew son U4-0
• 811711016 i?tABT18CT tBBRf 2B1 PORTABi ~
ROM QTY MOM BpCi?T10K APC TI.1T1' I><rIImtB mr Urre"
MC81M0 STARTSRi SCAM 1 MOMA
M 1 MOIIIX MC SM NDSPBC MOBU 623 tls 00 62300 76100 1 00
c 1 1121 OM1,6210.1597Si~t I 623 61300 364
663,00 Sg00 M00
b I 106 DRSIARTSITE0PERATI(V 6" 200.00 200.00 !1200 11200
e 1 8127 ADD AMTEH 6A 70B ROOF TOP 106.10061 617 12 CO 2200 1007 1000
d I Bill ADDIOATTIOVSSITHCAKE 623 1000 1000 9.00 sw
zgzujzmna 1=9200 1,21LN m
MCSNOI STAITSIrR SOS: D M0BC1
45 1 1.012)r MCS200 HM SPEC11OBEE 62) 95000 93000 80:00 80600.
c 1 0161 1n*210.15W5ERIE32 617 19500 69500 MOO 16100
6 1 Ir36 EI>ffiSTARTSiT OMPAIM 621 20000 200.00 17000 11000
c 1 II279 EW 150 MOMCAPABUTY 622 80000 190.00 11507 8300
d 1 8123 ADD A1lTDOIA 5pB ROOF TOP MOM 627 I) 00 1200 l0 00 1000
e l Bill ADDIOkTT1OVStw7T7],CA211b 623 1000 10 co 900 970
•
2,167A0 ~qN
I
MC82600 7RABTSIIL 11rJtiila MOi B.2
16 1 IMIXX 16 CE2000KMVEC5(peu 627 93000 950.00 10600 i01AG
E a I 1oaMT¢ 2als9F sFxm m 62) Ip9500 rpos.00 971 DO 92101
b I H)6 106
ENRSTARr416OPFRATm ' 722 20000 20000 12000 Iva
c I HBO F I% kale CAPAKM 722 100.00 100.00 8500 15.00
• d 1 31" ADDANTEMAIDOROOF T0PU&900M 627 11,00 1200 20,00 1006 ~
J c 1 8111 ADD IM71107V S%Uof CARE
rWAL WTP2ltV 623 1041 1000 9A0 9C7
90 1111 Ted" IN W"
• v • _
•
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7 5O
ADenda NO
Aptnda Hem
Date ORDINANCE NO.
AN ORDINANCE OF THE CI'T'Y OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE ANNUAL CONTRACT PAYABLE IN FOUR
QUARTERLY PAYMENTS BY THE CITY OF DENTON FOR APPRAISAL SERVICES
BY THE DENTON CENTRAL APPRAISAL DISTRICT AS AUTHORIZED IN
RESOLUTION 897.929 APPROVED BY COUNCIL JULY 8,1997; AND PROVIDING AN
EFFECTIVE DATE. (PURCHASE ORDER it 81775 TO DENTON CENTRAL APPRAISAL
DISTRICT IN THE AMOUNT OF $130,020.59)
WHEREAS, In order to comply with contract commitment to D"ton Central
Apprabal Dbftkt, the City of Denton Is required to pay a portion of Dntos Central Appraisal
Distrkt 1998 Operating Budget Allocation In equal quarterly payments; and
WHEREAS, the City Manager has revkwed *ad recommeoded that the Council
approve the psy est of such quarterly smonets; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the expenditure of funds In the quarterly amount of $32,M.14
($130,020.59 total annually) to be paid to Denton Central ApprabW District, Is hereby
authorized.
SECTION 11. That this ordinance %ball betome effective Immediately upon its
passage and approval.
PASSED AND APPROVED this the day of .199!•
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
•
BY:
APPROVED AS TO LEGAL FORM:
• HERBERT L. PROUTY, CITY ATTORNEY •
BY:
rsa.=
1
f ,
DATE: DECEMBER 16, 1997
{ CITY COUNCIL REPORT
TO: Mayor and Members of the City Council +
FROST: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE ANNUAL CONTRACT PAYABLE IN FOUR
SAL SERVICES
QUARTERLY
BY AUTHORIZED IN
THE DENTON CENTRAL APPRAISAL E DISTRICT APA
RESOLUTION R97-029 APPROVED BY COUNCIL JULY 8, 1997; AND PROVIDING
AN EFFECTIVE DATE. (PURCHASE ORDER 1# 81775 TO DENTON CENTRAL
APPRAISAL DISTRICT IN THE AMOUNT OF S 130,020.59)
RECO~ \ We recommend purchase order #81775 to Denton Central Appraisal District be
approve in t e tots amount of S 130,020.059.
BACKGRPM: This purchase order is for four equal quarterly payments to the Denton Central Appraisal
District in a amount of $32,505.15 totaling S130,020, 59. This amount is the City of Denton's share of funding
necessary to meet the approved budget for the Denton Central Appraisal District.
The Texas Property Tax Code rc quises taxing Jurisdictions to approve (heir Appraisal Districts budget within
thirty days after its adoption by the Appraisal District's Board of Advisois. The Denton Central Appraisal
Distort adopled the budget on June 26, 1997 and the Denton City Council sed the budget on July 8, 1997,
Resolution No. R97-029. The backup material submitted with the reso ution listed the City of Denton's
C contribution as 5130,020.59,
Tax units contributions are based on a percentage of each taxing unit's current year levy. `
The attached ordinance will authorize the actual expenditure of the funda l
h Denton Central Appraisal District and City of
enton ax rvision.
• Funding for this portion of the Denton Central Appraisal District 1997-98 budget is
inc u c in the General Fund budget account # 100.041-020\1.8923.
Attachments: Resolution No. R97-029
Denton Central Appraisal District 13uLlcel Allocation Worksheet
Purchase Order # 11775 - Denton Ccri ral Appraisal District
t f Respectfully submitted:
\J~ i
a L 0
Assis i Manager of Finance
L -
f Prepared by: • f
Name: Tom m
Title: Purchasing Agent
a77.AMMA
rv, 'ter ,_r~ ~y , 1.%' i5~. 7~s1 "~t,~)r~ +~~7 b~.1' .r ~flj''V-,t f~ ~xw,-~ ~~i
4 )s,, \
- ♦ '.1-'.,. r'.~i+Li: Yat A •..3t'w}
•
•
A: NCQISAGCI. F u
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1997-1998
BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN
EFFECTIVE DATE 0
WHEREAS, the 1997-98 proposed budget of the Denton Central
Appraisal District was submitted to the City of Denton before July
8, 1996; and
WHEREAS, the Denton Central Appraisal District adopted this
proposed budget on June 26, 1997; and
WHEREAS, the City of Denton has 30 days from the adoption of
the proposed budget by the Denton County Appraisal District to
adopt a resolution approving or disapproving it; and
WHEREAS, the proposed budget contains a list showing each
proposed position, the proposed salary for the position, all
benefits proposed for the position, each proposed capital expendi-
ture, and an estimate of the amount of the budget that will be
allocated to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council, pursuant to Article 6.06 of
the Texas Tax Code, approves the 1997-98 budget adopted by the
Denton Central Appraisal District.
SECTION 11, That this resolution shall become effective
immediately upon this passage and approval.
PASSED AND APPROVED this the ~Jc day of 1997.
JA LLER, MAYOR
•
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
r
• BY: - V • •
J APP ED TO LEGAL FORM:
HERBERT L. PROUTY. CITY ATTORNEY
BY : - t.
3
0
•
s
1998..BUDGETALLOCATIONS WORKSHEET
"ALL FIGURES ARE ESTIMATES
% OF DENTON OUT OF 1898
1496 TOTAL COUNTY COUNTY BUDGET
JURISDICTIONS TAX LEVY LEAES CHARGES ' CHARGE ALLOCATION
SCHOOL DISTRICTS: •
ARGYLE ISO $3,655,701.75 1.375% $41,466.38 $4148636
AUBREYISO $1,657,04!.49 0,624% $18,814.90 $16,614.99
DENTONISD $43,199,472.42 18.325% 8492,514.80 $492514.80
KRUM ISO $1,542,121.79 0.560% $17,500.62 $17,60062
LAKE DALLAS ISD $5,637,340487 2121% $63,974.83 $63,974.83
LEWISVILLE ISO $97,065,121,64 38.511% $1,101,331.3ff 31,101 531.36
LITTLE ELM ISO $2.397.543,22 0.902% $27,206.29 $27,208,29
HORTHWEST ISO $171784,521.59 6.690% $201.625.99 $63,890.00 $287.513.99
PILOT POINT ISD $2,152,551.83 0.810% $24,428.10 $14,114.00 838,64110
PONDER ISD $967,987.69 0.384% $10,965.12
SANGER ISO $2.761.977.82 1.048% 83!.371.01 __131.67i 01
SCHOOL DISTRICTS TOTALS $179,042,29391 667= 12,0331 ~ 80-49r $7= $1,1t` 142
DENTON COUNTY S30.080.735,73 13,572% $409.458,61 som $409.45081
CITIES:
CITYOFARGYLE $382,756.53 0.144% $4,343,66 $4,34358
CITY OFAUBREY $139,752,53 0.053% $1,586.08 $1,586.08
TOWN OFBARTONVILLE $95,37888 0.036% $1,062.40 $1,082.40 I
CITY OF THE COLONY $3,100,455,65 1.919% $57,882.04 TOWN OF CORINTH $1,288,468.72 0.4$6% $57,882.04
f
114,622-29 $14,622.29
TOWN OF COPPER CANYON 868.825.00 0.033% $963.08 $983,06
CITY OFDENTON $11,457,168.38 4.310% $130,020.59 $130,020.59
CITY OF DOUBLE OAK $213,97997 0.080% $2.428,33 $2.42833
CITY OF FLOWER MOUND $7.875,387.50 1982% $89,372.86 $89,372.88
TOWN OFHACKBERRY $11,518.34 0004% f130,71 ,
372.68 `
5130
TOWN OF HICKORY CREEK $322,69415 0.121% 53,682.07
CITY OF HIGHLAND VLG $3,891,685.18 1.389% $41,891.01 (3,66207
8$3.862.01
CITY OF JUSTIN $147,04858 0.055% $108.77 CITY OF KRUGERVILLE $30,071.08 0.014% 1409.35 8409,35
CITY OFKRUM $101,738.88 0,038% $1,154,57 $1,154.37
CITY OF LAKE DALLAS $699,782.62 ' 0163% 17,941.42 $7,941.42
• CITY OF LAKEWOOD VILLAGE $39,32185 0,013% 1446.24 $446.24
CITY OFLEVNSVILLE $13.358,76020 3024% $151,577.93 89900 $151,876.93 '
CITY OF UTTLE ELM $174,067.38 0,005% $1,975.39 $1,975.39
CITY OF MARSHALL CREEK $7,382.54 0003% $93.78 $8176 t
CITY OFNORTHLAKE $61,36761 0023% 8896.42 $69612
CITY OF OAK POINT $184,38915 0.069% $2,092.52 $2.092.51
CITY OF PILOT POINT $418.43456 0.157% $4,725.87 $4,725,61 •
• CITY OF PONDER 522,208.37 0,008% $232.03 $25203
CITY OF ROANOKE $489,51863 0.884% $5,55523
$5.555 23
CITY OF SANGER $407,828 88 0.153% $4.62821 84,620,21
CITY OF TROPHY CLUB $1.116,226.99 0.421% 112,69012 $12,690.12
CITIES TOTALS $47,92a,227.71 18028% S543,9M 95
- 1_99 OD. =
4
7S
•
:
•
I'UIICIIASE 011UEIt WY.. III'1'IL TIIIS IS A XXX
lnls nanbd nusl wpow wr en C•fMMI ORDER
Ywokas. daw.«F slps, cases,
OF N"EDI
clos., bores, packkq slips and bills, 00 NOT DUPLICATE
tea No: Bid Wo: DI 11 25 97 papa lio 01 XAS
Fs1RCHA-4WD SSIO` 1 901 a ~ITXAS sr~f IDEDENTOffi TMS 76201-4354
9401349-7100 DOW METRO 8171267-0042 FAX 9401349-7302
IIDOR DENTON CENTRAL JPPRAISAL
W6MEI DISTRICT OEUVERY CONFIRMATION ONLY C52
MESS P.O. BOX 2816 AMESS TAX
DENTON TX 76202-2816 901 B TEXAS ST
DENTON TX 76201
VOW NA. DEN36001 DEVI DUUTED 09 30 98 FOB DESTINATION &M TS TERMS
f
01 130020.59 VENDOR CAT. ! N / A NFO MANS 1.000 130,020.59
CITY ; 94616
FY 98 BUDGET ALLOCATION PAYABLE IN 4 QUARTERLY PAYMENTS
•
e;
I
` P OR TOTAL s 130,020.59
OR MD TOTAL s 130,020.59
• 1 100 041 020M 8929 130,020.59 •
1
J
A8 rIS11RICrIONS J. Tams - Not M r+a, ,,...u
aal NOW Inrahs wlh Iysssts a". 4. SNyFia1 lase es s, 1401 OsitiaNiaa Fr"64 rr.r w.w a..a.,l
ip I1 01,K' s St 8 No f d saMf as !r8 M ircMriaf uon
Do%^ TX 11211.42" N
1 1~'
12
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•
ADOU No. Q
AgW Ham
Date
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE FIRST AND SECOND QUARTER 1998 PAYMENT
BY THE CITY OF DENTON OF A SOLID WASTE PERMIT FEE CALCULATED AT 3.5%
OF REFUSE COLLECTION FEES TO THE TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE
(PURCHASE ORDER N 81818 TO TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION M4RCC) IN THE AMOUNT OF $80,000.00).
WHEREAS, is order to comply whh contract comdhsent to Tans Natural Rmorce
Conservation Conmialos, the City of Denton. Is rtgskvd to pay Solid Waste Permit Fee; and
WHEREAS, the City Manager has re4ewed and reccLwmesded that the Conseil
approve the payment of such fee; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION li That the expenditure of pads In the amount of 580,000.00 to be paid
to Texas Natural Kesource Conservation Commission, is hereby authorized.
SECTION 11, That this ordinance sball become effective Immedlately upon Its
passage and approvol.
PASSED AND APPROVED this the day of .1997.
I,
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
l
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Moan WASTE ►s10.03D _
t '
1
t
v
1 Y '
1` ~ I 1 t o a r.~ •V`~aa ~'~L'iYr aa:~ _ ,j
•
DATE: DECEMBER I6, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE FIRST AND SECOND QUARTER 1998 PAYMENT
BY THE CITY OF DENTON OF A SOLID WASTE PERMIT FEE CALCULATED AT 3"5%
OF REFUSE COLLECTION FEES TO THE TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION: AND PROVIDING AN EFFECTIVE DATE.
(PURCHASE ORDER # 81818 TO TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION (TNRCC) IN THE AMOUNT OF S80,000.00).
ti Yt We recommend purchase order #81818 to the TNRCC be approved in the amount
o BO,ty00.0 .
tY : Purchase order #81818 to the TNRCC is for the first and second quarterly payments of the
19 r9 i N C solid Waste Fees. The 580,000.00 is an estimated expenditure. Actual payments will be made
from invoices to be received in January 1998 and April 1998.
A 3.5% additional charge is applied to our refuse collection rates to offset this fee payment. The amount is
i
calculated by a formula based upon the number of tons of solid waste received in our land rill.
` • Solid Waste Department, Denton Municipal
AMS- DEPARTME OR GROUPS All
t1 hies.
FISCAL IMPACT: Funds are available from account # 630-024-0803.8982.
Attachment: Purchase Order # 81818 • TNRCC
Respectfully submitted:
a u se
Assistant City Manager of Finance
• Prepared by:
1
i Name: Tom Shaw,
Title: Purchasing Agent i
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CITY OF DENTON. TEXAS
PIAOWM MOM 1 901-8 TEXAS STMI I DENTOR TEXAS 76201-4364
9401349-7100 0" LEM 8171207-0042 FAX 9401349-7302
4M30F1 T.r.R.c.c.
UIME/ P.O. BOX 13089 DELFMERY CENTRAL RECEIVINO 823
1mss ADDFM SOLID WASTE DEPARTMENT M
AVSTIM TX 76711-3089 901 E TEXAS BY
DENTON, TX 76201
VEFADR MD. TMR49000 DEUVERY OUDTED 12 30 97 FOB DESTINATION am TS TEFOAS
001 80000.00 11 VENDOR CAT. E N / A MTO NAME 1.000 80,000.00
CIS[ / 96132
SOLID WASTE FIE FOR FIRST AMD SECOND QUARTERS
•
P OE TOTAL t 80,000.00
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• 01 630 024 0803 8982 80,000.00 ORMD TOTAL 80,000.00
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Agenda No.
Agenda Ite
Oate -
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR PHASE I LANDFILL
EXPANSION SLURRY WALL /DEWATERING SYSTEM TO TERRA CONSTRUCTORS, LTD.
IN THE AMOUNT OF 5469,973.00; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2139-LANDFILL
EXPANSION SLURRY WALL / DEWATERING CONTRACT).
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 employs 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 1, That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
&IN 8 E$ CONTRACTOR AMOUNT
2135 TERRA CONSTRUCTORS, LTD. $4689973.00
•
SECTION 11. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
• all requirements specified in the Notice to Bidders including the timely execution of a written • •
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid.
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SECTION III. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvernents in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relati-ag thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of finds in the manner and in the amount ai specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PA:SED AND APPROVED this the day of_ .1997.
1.
JACK MILLER, MAYOR
i I
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
•
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY i`
BY:-
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•
DATE: DECEMBER 16, 1997
CITY COUN~11, RIFPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE ACCEPTING COMPETI- TVE BIDS AND PROVIDING FOR THE
AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR PHASE I
LANDFILL EXPANSION SLURRY WALL/DEWATERINO SYSTEM TO TERRA
CONSTRUCTORS, LTD. IN THE AMOUNT OF 5468,973.00; PROVIDING FOR THE FOR
BID
EFFECT #2 38 -HLANDF LL £XPAN ON SLUR YW APRO LL / DIDING EWATERING CONTRACT).
We m ommend this bid be awarded to the lowest bidder, Terra Constructors Ltd.,
n c tote amount o 68,973.00.
This bid is for the construction of 92,000 sq. feet of slurry wall and 5,050 linear feet of 6-
e
ipe or a watermg system as part of the ongoing landfill expansion project.
Please refer to the attached memorandum from Howard Mlrtin for additional detailed information.
I
PS AFFEC'TFD* City of Denton Solid Waste Division,
a t1 potations an em onstnxtors, t .
Construction of the Slurry Wal40ewatering System will be funded from Phase I Landfill
onswction account M 634-024-0096-803A-9003.
Attachments: Tabulation Sheet j
Memorandum from Howard Martin k
Respectfully submitted:
Ka e
Assistant thy4UUC Manager of Finance
Prepared by:
' Y
Name: Tom ow, C.P.M.
Title: Purchasing Agent
frs.r.,cror, • •
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TABULATION SHEET
IND 0 2136
INOW GRFM TERRA
ASSOC. DEWATERM CON=T.
IID NAYS LANDFILL EXPANSION SLURRY WALLJ W. CORP LTD.
OEWATERIW CONTRACT
DATE 114)W47
TOTAL M AWARD {547,100,00 1611,11M.00 UU,97100
I10D BOND YES YES YES
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December 16, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Howard Martin, Assistant City Manager of Utilities
SUBJECT: CONSIDER APPROVAL OF BID OPENING NO. 2138 FOR
CONSTRUCTION OF THE CITY OF DENTON LANDFILL EXPANSION
SLURRY WALUDEWATERING CONTRACT TO TERRA
CONSTRUCTORS OF DENTON, TEXAS IN THE AMOUNT OF
$468,973.00.
RECOMMENDATION:
The Utility Staff recommends award of the contract to Terra Constructors of Denton,
Texas in the amount of $468,973.00.
BACKGROUND:
The City of Denton Utility Staff and HDR Engineering, Inc. have divided the Landfill
Expansion into two contracts. Bid No. 2138 is for construction of 92,000 square feet of
slurry wall and 5,050 linear feet of 6" pipe for a dewatering system. Bids were opened
December 11, 1997 with a total participation of four bidders (See Exhibit 1). Terra
Constructors was the lowest qualified bidder in the amount of $468,973.00. The cost of
the project is broken down as follows:
1. Mobilization $133,268.00
2. Slurry Wall Construction $131,600.00
3. Dewatering System $190,385.00
4. Appurtenance $ 13,720.00
We will issue the Notice to Proceed the week of December 29'".
• The Texas Department of Health, under Permit 1590, permitted our present landfill in
1984. We began accepting waste on March 13. 1985. The site was designed to
accommodate approximately 2.5 million cubic yards of trash. It was anticipated that the
site would stop receiving waste in approximately January of 1997. With the removal of
yard waste from the landfill, the creation of the City of Denton Recycling program and a
ten foot height increase to permit 1590, we have been able to extend the landfill until
approximately July of 1998 If needed under the new permit No. 1590A, we can even ~ • •
place an additional 99,000 cubic yards of trash on top of the existing landfill. This will
give us an additional four months of capacity, and in approximately November of 1998
our existing landfill will be full.
5
•
LANDFILL EXPANSION SLURRYWALL I DEWATERWG CONTRACT
BID DATE: 11-0EC.-97
TERRA CONSTRUCTORS = 468,973.00
DENTON,TEXAS
GEO-CON, INC. $ 517,994.00
DENTON,TEXAS
INQUIP ASSOCIATES, INC. i 547,400.00
McLEAN VIRGINIA
GRIFFIN DEWATERINO CORP. $ 681,850.00
HOUSTON, TEXAS
E'
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EXHIBIT I
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~f1998 CAPITAL IMPROVEMENT PROJECT 98-0803J02 ;
I ,
PROJ TITLE' (G) PHASE 1 LANDFILL CONSTRUCTION
ESTIMATED COST. $3,231 (x 1000) DEPARTMENT RANKING:
( GROUP ASSIGNMENT: 9
DESCRIOTION; Bepfin constnx bW of Landfill Expansion.
PURPOSE: This pro)eot would provide tot ftv phase construction
which also consists of:
Dlvwsion Berm North Oiteh
Gabian Revwmem North Pond
SRI Fens Fence
Lsachats Couction A Lirw She Entrance
Irtterlrn Drafnaps Sale
FwW Cover Plisse 1 Sur"y
PwVrretar Aoau Road Excavation
Move A Improve Office
ENCUMBERANCES CASH EXPENDITURES
BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL
TOTAL IST YR $3231 $0 $0 40 43231 432$1 40 $0 $0 53231
TOTAL 2ND YR 0 0 0 0 0 0 0 0 0 0
TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 0
GRAND TOTAL 53231 $0 50 $0 43231 43231 40 $0 $0 43231
• ENCUMBERANCE DATES
PHASE DATE AMOUNT
t G#r wsl Purchase i
EnpMwwin4 D*W
E
• •
COnsurxstlon IIM $3,231 .
Misoellaarreous
C ENCUMBEAANCE TOTAL $3,231
COMMENTS:
EXHIBIT If
2123!9714:6! _
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Agenda No.-
Aganda Item
CITY COUNCIL REPORT
TO: Mayor and Mcmbcrs of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: CONSIDER A RESOLUTION TO DECLARE THE INTENT TO
REIMBURSE EXPENDITURES FOR THE PECAN CREEK TRIBUTARY
4 (ROBERTSON STREET DRAINAGE PROJECT), AND THE
EAGLFJCOLLINS PROJECT WITH CERTIFICATES OF OBLIGATION
RECOMMENRATION:
Staff recommends that the City Council approve the attached mimbursemad resolution. The
resolution will allow reimbursement of project expenditures from the General Fund Balance.
BACKGROUND:
The City of Denton is w=ntly in need of capital funding to proceed with the Peso Crcok
Tributary 4 (Robertson Street Drainage Project) sod the E*WCoUtm Projmt Although the
Capital Improvement Plan for 1997.98 includes a bond sak in the Spring of 1998, finds are
nevdcd prior to the sale.
Legislation now includes a provision for designating of projoct expenditum prior to a bond
sate as reimbursable by bond proceeds. This "reimbursceawt resolutca" allows the
utilization of $300,000 of the Geornl Fund Balance to be reimbursed with procoads from the i
bond sale scheduled for April, 1998.
The approval of this resolution will allow the project to progress )A does not require early I
issuance of debt.
PROGRaMC DEPA_RTMENn OR GA0UPS AFFMED:
The Drainage, Legal, and Ftawxe Departments of the City and;be citizens of Denton will be
affected,
•
FISCAL IMPACT:
This Resolution %A allow $300,000 boar the General Fund Balance to be expended and
subsequently reimbursed with certificates of obligation.
Respectfully submitted: 4 V _
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CfTY OF DENTON, TEXAS MUN10PAL SOLDWODENTON TEMS 76201 TELEPHONE (817) 566-=7
Ofce of th City Hamper
MEMORANDUM
DATE: December 2, 1997
T0: Kathy DuBose, Assistant City Manager for Finance
FROM: Rick Svehla, Deputy City Manager
SUBJECT: REIMBURSEMENT RESOLUTION
Staff continues to move faster than we expected on Pecan Creek Tributary 4
(Robertson Street drainage project) and the Eagle/Collins Project. Because of
this movement we are anticipating additional expenditures before we are
able to advertise for the issuance of bonds in mid-February. Those include
approximately $50,000 for engineering payments to Teague, Nole & Perkins;
another $50,000 for design for the Woodrow to Sycamore stage of th- a`
channel; and then finally, approximately $160,000 for right-of-way
procurement along the channel. We also anticipate about $50,000 of
expenditures to the design consultants for improvembnts to Eagle and Collins
Street, The total of invoices and contracts to be signed prior to our intent to
sale resolution would total $300,000.
It we can answer further questions, please call us at your convenience.
41
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Rick Svehla
• Deputy City Manager •
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•
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RESOLUTION NO.
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR
THE PECAN CREEK TRIBUTARY 4 PROJECT (ROBERTSON STREET DRAINAGE
PROJECT) AND THE EAGLF/COLLINS PROJECT; WITH GENERAL OBLIGATION
BONDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "Issuer") is a municipal cocporationlpolitical
subdivision of the State of Texas; and
WHEREAS, the Issuer expects to pay expenditures in connection with the design,
planning, and construction of the project described in Exhibit "A" hereto ((be "Project"), which
Exhibit "A" is attached hereto and made a part of this resolution for all purposes, prior to the
issuance of obligations to finance the Project "Pecan Creek Tributary 4 Project (Robertson Street
Drainage Project) and the Eagle/Collins Project"; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its internion, in accordance with the
provisions of Section 1,150-2 Treasury Regulations, to reimburse itself for such payments at
such time as it issues the obligations to finance the Project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum principal amount equal to $300,000 for the purpose of
paying the costs for " e costs of the Project, as set forth in the attached Exhibit "A."
SECTION 11. That all costs lobe reimbursed pursuant hereto will be design and capital
expenditures No tax-exempt obligations will be issued by the issuer in furtherance of this
resolution after a date which is later than 18 months after the later of (1) the date the
expenditures are paid, or (2) the date on which the property, with respect to which such
expenditures were made, is placed in service.
SECTION 111, That the foregoing notwithstanding, no tax-exempt obligation will be
issued pursuant to this resolution more than three years after the date any expenditure which is to
be reimbursed is paid.
SE TIION 1V. That this resolution shall become effective immediately upon its passage ti
• and approval. • •
PASSED AND APPROVED this the day of 1997
JACK MILLER, MAYOR 1
ATTEST:
JENWER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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MUM A
Pcaa Crc&- Tributary 4
(Robertaoa Stmet Drainage Project)
E uieeriag S 50,000
lUghtof--way Prommmeat $150,000
Eagle/CoUim Project
Design s l
TOW Cost $300,000
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Aptnda Na. _O
ORDINANCE NO. Apends item
Dale
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE. CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE NALL AND PER ONS,
INC. FOR DEVELOPMENT OF A I.TTY-%TDE FLOOD MITTGATTON PLAN; AUTHORIZING
THE EXPENDITURE OF FUNDS (PURCHASE RD R 0 318111 - TEAGUE, NALL AND E PROVIDING RKINS, NC N THE AMOUNT OF
$25,200.00}.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
CFC Q 1, That the City Munger Is asthorized to twate a professional serwim,
agreement between the City of Denton and Trapt, Nall and Pt~~ c. for the d~~ ea~~
ft-wide rood n dption plan, under the term and costditioes, sald Pro
agrtrmeat, which Is attached hereto and made a part hereof.
SECTTON II. That the City CouncY hereby ast orizes the espenditare of lands in the
manger and amount as specified to the professional serviees agreement. I
SECTION 11I. That this ordiuncr shall become e:fxtive iatmediately upon its passage and
approval.
PASSED AND APPROVED this the day of 1
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
• APPROVED AS TO LEGAL FORM:
HERBERT L. PROU[Y, CITY ATTORNEY
BY:
" FROP.ORD ~
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/ DATE: DECEMBER 16, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FRO:vt: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE OF THE CITY OF DEMON AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE NALL AND
PERKINS, INC. FOR DEVELOPMENT OF A CITY-WIDE FLOOD MITIGATION PLAN;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; ARID PROVIDING AN
EFFECTIVE DATE (PURCHASE ORDER 8!811 TO TEAGUE NALL AND PERKINS, INC.
IN THE AMOUNT OF $25,200.00)
S IMENDAZION. We recommend purchase order 81811 to Teague Nall and Perkins, Inc. and the
attar a agreement be approved in the amount of $25,200.00.
BACKGROUND: Purchase order 8IS I Ito Teague Nall and Perkins, Inc. represents a professional smices
agreement or the development of a city-wide flood mitigation plan. The plan will be prepared in accordance
with guidelines provided in FEMA's document -Flood Mitigation Assistance" (FMA). The plan will then be
submitted to FEMA for the purpose of applying for federal grant assistance in the acquisition of property and/or
easements for the construction of maJor rage facilities along the main channels of the Pecan Creek and PEC-
4 watersheds. The project will include the scope of services listed in Article 11, page 2 and Exhibits A and C
of the attached agreement.
The total agreement price is $29,400.00; however, purchase order 77762 in the amount of $4,200.00 was issued
in September, 1997 as swt up for the project Ica%ing a balance of S25,200.00 on purchase order 818 11.
i
\ 'a W s Engineering Division, Drainage Division
an citizens a coed y Pecan Cree watershi.
FISCAL UIPACT: This project is funded by FESIA grant funding NEMT-97-GR-0039 and
Account #270-084-FEMA-0001.5502
Attachments: Purchase Order # 8181 I -Teague, Na!I and Perkins, Irtc,
Agreement for Professional Sett icci
Respectfully submitted:
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Assistant City Manager of Finance
Prepared by: '
Name: om Shaw.
Title: Purchasing Agent
f 17. AG LIMA i,
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PLIRCHAS'E ORDER NO: ElIU) I T3#S IS A xxX
Tns mxTtw do nvsl osA OF MARKEM
=60" ORDER appow on hvacds. s, dshvry s1,PC ps. core
,
Clns.. ba■es. pxtWq slips and bins. DO NOT DUPLICATE .
Rep Nor Bpd Na Dale 12 02 97 Pqe Na 01
CITY OF DENTON TEXAS
p rxK#.SwG DNISION / 901-8 TEXAS SfWa / OEfTOR TEXAS 76201-4354
940049-7100 O/FW AET1M) 8171287-0042 FAX 9401349-7302 IIk
VENDOR TEAGUE, MALL L PERKINS INC
NAAW/ 2001 W IRVING BLVD DELIVERY CONFIRMATION ONLI C25
ADDRESS AmKss ENGINEERING
IRVING TX 75061 221 M. ELM
DENTON, TX 16201
DICK PERKINS
VENDOR NO. TEA47000 DELIVERY QUOTED 12 30 97 FOB DESTINATION BUYER TS TERMS
001 25200.00 SS VENDOR CAT. # M / A MFG NAME 1.000 25,200.00
CITT # 01555
CITI WIDE FLOOD MITIGATION
P 0E TOTAL s 25,200.00
GRIND TOTAL s 25,200.00
01 290 084 FEMA 0001 8502 25,200.00
Y41O011 raTrucTloNs 1 Terns Net r4 W..s Ir«wM .,..a.,t
L Sow ri#',sel IR d trio *4 MF. l p*kv Yatectiuc F.aa Oesli+ssiu NgeH No.. .....w ~.I.-
!Sir r Accw o hpIM t Ns lard r wr sdn lu >wl k kWW
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FILE COPY
PROFESSIONAL SERVICES AGREEIM[ENT
for the preparation of a
CITY-WIDE FLOOD MITIGATION PLAN
STATE OF TEXAS
COUNTY OF DENTON 5
day of f,1997,
THIS AGREEMENT is made and entered into as of tine Vif
.Avv by and between the City of Denton, a Texas Municipal Corporation, with its principal office at
215 E. McKinney Street, Denton, Denton County, Texas 76201, (hereina(ter sometimes referred
to as 'OWNER') and Teague Nall and Perkins. Inc., with its corporate offl a st 915 Florence St..
Fort Worth. Texas 761Q2, hereinafter called the ('CONSULTANT) acting herein, by and
through their duly authorized representative.
WITNESSETH, that inconsideration of the covenants and allmments herein contained, the
parties hereto do mutually agree as follows:
ARTICLE 1
EMPLOYMFNr OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
o ,
CONSULTANT hereby agrees to perform the services herein in connection with the Project as !
stated in the sections to follow, with diligence and in accordance with the professional standards
customarily obtained for such services in the State of Texas. The professional services see out
0 herein art in connection with the following described project: • •
J The Project shall include without limitation: the development of a city-wide flood autigation
plan which will be prepared in accordance with the guidelines provided in FEMA's document,
PAGE 1
t
'Flood Mitigation Assistance (FMA)'. The plan will then be submitted to FEMA for the purpose
of applying for federal grrit assistance in the acquisition of property and/or easements for the
construction of major drainage facilities along the main channels of the Pecan Creels and PECG4
watersheds.
ARTICIRII
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. The CONSULTANT shall perform all those services as necessary and as descriud in the
OWNER's verbal request for a priced, scope of work proposal, which the OWNER has
utilized to solicit the CONSULTANT's services.
B. To perform all those services set forth in CONSULTANT'S proposal dated September 8,
1997, which proposal is attached hereto and made a put hereof as Exhibit "A" as if written
word for word herein. i
C. CONSULTANT shall perform all those servicea set forth in individual task orders which
c
will be set up as saWme sections in the flood mitigation plan and shall be attached to this
Agree=nt and made a part hereof for all purposes as separate agreements.
Task Order Sections of P1aa
1. Description of how the public has been and will be involved in the planning process.
2. Coordination with other agencies and/or organizations.
• 3. Preparation of a flood hazard inventory. • •
4. identification of specific flood problem amas.
S. Review of possible options for mitigation,
6. Compile existing data into a cohesive format to address the requirements of the plan.
PAGE 2 s.
ap
7. Summuize the outcomes of all above action and outline action to be taken by City for
plan implemeamion.
8. Holding of a public bearing to ealist citizen input and obtain adoption of plan by City
Council.
These tasks are described in greater detail in 'CRS Floodplain Management Planning
Process.' This appendix is attached to this proposal as Exhibit `C" and is incorporated
heron.
D. If there is any conflict between the terms of this Agreement and any exhibits attached to this
Agmtnent, the terms and conditions of this Agreement will control over the terms and
conditions of the attached exhibits and/or task orders.
ARTICLE T
ADDITIONAL SERVICES
Additional Services to be performed by the CONSULTANT, if authorized by the OWNER,
which are not included in the above described basic services, are described as follows:
A. During the course of the project, as requested by OWNER, the CONSULTANT will be
available to accompany OWNER's personnel when meeting with F'EMA, the Texas Natural
Resource Conservation Commission, U.S. Environmental Protection Agency, or other
• regulatory agencies. The CONSULTANT will assist OWNER personnel on an as-tteeded
basis in preparing compliance scheduhes, progress reports, and providing general technical
support for the OWNER's compliance efforts.
B. Assisting OWNER or Contractor in the defense or prosecution of litigation in cotmectim
.
with or in addition to thane setvim contemplated by this Agreement. Such services, if any.
shall be }bmished by CONSULTANT on a fee bads negotiated by the respective puties
PAGE 3
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outside of and in addition to this Agreement.
C. Preparing copies of Computer Aided Drafting (CAD) electronte data bases, drawings, or
files for the OWNER's use in a dime CAD system.
D. Preparing applications and suppofting documents for government Ellin, loims, orplaaaing
advances and providing data for detailed applications.
F E. Appearing before regulatory agencies of courts as an expat witness in any litigation with
third parries or condemnation proceedings arising from the development of the Project
including the preparation of engineering data and reports for assistance to the OWNER.
ARTICIE IV `
PERIOD OF SERVICE '
t
This Agreement shall become effective upon execution by the OWNER sad the
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CONSULTANT of this Agreement and upon Issuance of a notice to proceed by the OWNER and
shall retrain in force for the period which tray reasonably be required for the completion of the
Project, including Additional Services, if any, and any required extensions approved by the I
OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof.
Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts '
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to complete the services set forth herein as expeditiously as possible and to meet the schedule
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• established by the OWNER, acting through its City Manager or his designee.
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ARTICLE V
' COh PENSATTON
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in
employment of others in outside firers.
2. 'Direct Non-Labor Expense' is defined as that expense for any assignment incurred
by the CONSULTANT for supplies, transportation and tquipmettt, travel,
communications, subsistence, and lodging away from home and similar incidentals in
connection with that usignment.
B. BILLING AND PAYMENT:
For and in consideration of the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT based on the cost estimate detail at an
hourly rate shown in Exhibit 'B', which is attached hereto and made a part of this
Agreement as if written word for word herein, a total fee including reimbursement for direct
non-labor expense not to exceed S 29,
Partial payments to the CONSULTANT will be trade on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
• designees; however, under no circ urtstances shall any monthly statement for services exceed
the value of the work performed at the time a statement is rendered. The OWNER may
withhold the final 5 % of the contract amount until compledon of the Project.
• Nwhing contained in this Article shall require tltt OWNER to pay for any work which is • -
unsatisfactory as reasonably detttmined by the City Manager. or his designee, or which is
not submitted in compliance with the terms of this Agreement. The City shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
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default under this Agreement.
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It is speci5cally understood and agreed that the CONSULTANT shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments
by the OWNER for any charge, expense, or reimbursement above the maximum not-to-
exceed fee as stated without fist having obtained written autborizatiort from the OWNER.
The CONSULTANT shall not proceed to perform the services listed in Article IV.,
Additional Services, without obtaining prior written authorization from the OWNER,
C. ADDMONAL SERVICES
For Additional Services authorized in writing by the OWNER in Article IV, the
CONSULTANT shall be paid based on the Schedule of Charges at an hourly rue shown in
Exhibit 'B'. Payments for additional services shall be due and payable upon submission j
by the CONSULTANT and shall be in accordance with subsection B hereof, Statements
shall not be subrained more frequently than monthly.
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D. PAYMF•NT
If the OWNER fails to make payments due the CONSULTANT for services and expenses
within sixty (60) days after receipt of the CONSULTA1•'T'S undisputed statement thereof,
the amounts due the CONSULTANT wfll be increased by the rate of one percent (1%) per
month from the said sixtieth (60th) day, and in addition, the CONSULTANT may, after
i giving seven (T) days' written notice to the OWNER, suspend services under this Agreement
until the CONSULTANT has been paid in full all amounts due for services, ezpeaaes and
charges provided, however, nothing herein shall require the OWNER to pay the late charge
of one percent (i set forth herein if the OWNER reasonably determines that the work is
i unsatisfactory, in accordance with this Article V, Compeasation. • •
PAGE 6 9.
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ARTICLE VI
J OBSERVATION AND REVIEW OF TEE WORE
The CONSULTANT will exercise reasonable are ad due dil*= in dLwoverb* and
promptly reporting to the OWNER my defects or deficiencies in the work of the CONSULTANT
or any subcontractors or va=wultants,
ARM"
OWNERSHIP OF DOCUMEM'S
All documents prepared as Am ished by the CONSULTANT (and CONSULTANT'S
subconawors or subcomltaats) pursimt to this Agreement am instruments of service and shall
become the property of the OWNER upon the terminatiea of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepam and
furnished by the CONSULTANT an izaaded only to be applicable to this Project and OWNER'S
use of these doatments in other projects sh U beat OWNER'S sole risk sad expmse• In the event
the OWNER uses the Agreemeat in aaotber project or for other purposes than specified herein any
of the information or materials developed pursuam to this Agreement, CONSULTANT is released
from any and all liability relating to their use in that project.
AEMCLF VM
• MEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as m iadepeadent contractor, oot as av
employee of the OWNER. CONSULTANT shall not have or claim any right awing Gom
• employee status. i. • 0
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ARTICLE IX
INDEMNITY AGREE 4ffNT
The CONSULTANT sha11 indemnify sad save and bold humlea the OWNER and its
officers, agents, and employees from and against any and all liability, claims, demands, damages,
losses, and expenses, including but not limited to wart costs and reasonable attorney fees insured
by the OWNER, and including without limitation damages for bodily and personal injury, death
and property damage, resulting from the negligent acts or omissiocs of the CONSULTANT or its
officers, sharebolders, agents, or employees in the execution, operation, or performance of this
Agreement,
Nothing in this Agreement shall be construed to crate a liability to any person who is m
a party to this Agreement and nothing herein shall waive nay of the party's defenses, both at law
or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
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ARTICLE
't
INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
A. Comprehensive General liability lasuraawe with bodily injury limits of am less thaw
5500,000 for each occurrence and not less than SS00,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
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$100,000 in the aggregate.
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B. Automobile Liability Insurance with bodily injury limits of not less thin $500,000 for each
person and not less than $500,000 for each accident and with property dune=s limits for na
less than $100,000 for each accidau
C. Worker's Compensation Inwraaoe in a=lone with statutory requirements and
Employers' Liability Ianuaax with limits of not less than $100,000 for each secideat
D. Professional Liability Insurance with limits of not leas than $1,000,000 annual aggregate.
E. The CONSULTANT shall furnish insurs~ certificates or insurance policies at the
OWNER's request to evidence such coverages. The insurance policies shall name the
OWNER as an additional insured on all such policies and shall contain a provision that such
insurance shots rat be canceled or modified without 30 days prior written notice to OWNER
and CONSULTANT. In such event, the CONSULTANT shall, prior to the effeaiw. date
of the change or cancellation, serve substitute policies Purnishing the same coverage.
E
Agnals g
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreenxat by submitting the dispute E
to arbitration of other mans of alternate dispute resolution such rs mediation, No arbitration of
alternate dispute resolution arising out of or relating to, this Agreement Involving one parry's
drsagrctmeat may include the other party to the disagree i without the other's approval.
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TERMINATION OF AGR!?3EIT
A. Notwithstanding any other provision of this Agreement, either party way terminate by
giving thirty (30) days advance written ac tice to the other party.
B. This Agreement may be terminated in whole or in p ~i. ; t the event of either party
substantially failing to fulfill its obligations under this Agreement. No such terminatioa wM
be affected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to i •a' and setting forth the reasons specifying the
nonperformance, and not less than 30 calendar days to cure the failure, and (2) an
opportunity for consultation with the terminating parry prior to termination.
C. If the Agreement is terminated prior to completion of the services to be provided bezuader,
CONSULTANT shall immediately cease all services and shall render a final bill for services
to the OWNER within 30 days after the date of termination. The OWNER shall pay
CONSULTANT for all services properly rendered and satisfactorily performed and for
reimbursable expenses to termination incurred prior to the date of termination in accordance
with Article IV, Compensation. Should the OWNER subsequently coatrac with a new
CONSULTANT for the continuation of services on. the project. CONSULTANT shall
cooperate in providing iafornation. The CONSULTANT shall turn over all documents
prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER oar
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or before the date of termination but may maintain copies of such documents for its use.
4 y~
REMNSIBUM FOR CLAIMS ANA U"IIXIM
Approval by the OWNER shall not constitute nor be deemed a release of the responsibility
and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and
subconsultants for the accuracy and competency of their designs or other wort;; nor shall such
PAGE 10
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approval be deemed to be an assumption of such responsibiliry by the City for any defect in the
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desigaor other work prepared by the CONSULTANT, its employees, subcontractors, mgerxs, and
subconiultaats.
ARTICLE XIV
NOTICES
All notices, commmications, and reports rer;aired or permitted under this Agreement shall
be personally delivered or mailed to the respective parties by depositing saint in the United States
mail at the address shown below, certified mail, return receipt requested unless otherwise specified
herein. Mailed notices shall be deemed communicated as of three (3) days mailing:
To CONSULTANT: To OWNER:
Teague Nall and Perkins, Inc. City of Dental
J. Richard Perkins, P.E. ATTN: Terry Clark, P.E.
Title: Principal Title: Director of Eagr. & Tramp. Dept.
2001 W. Irving Blvd. 215 E. McKim"
Irving, Texas 75WI Demon, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is given
or within three (3) days mailing.
• Amal IV
ENTM AGREEMtIIYT
This Agrmareat comistiog of _LL- Pages ad 3 exhibits comtittues the complete and
• final expression of the &Vvement of the es mod L handed as a •
P~ cotopkte and exctu:ive
statement of the terms of their agreements and supersedes all prior oonwmporanwa offets,
promises, tspresentatiom, negotiations, discuss}oat, commuaiariaa, and agreements which mty
PAGE 11
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bave been made in connection with the subject matter hereof.
ARC
SEVERABELM
If any provision of this Agreement is found or deemed by a court of competent jurisdiction
to be invalid or unenforceable, it shall be considered severable from the remainder of this
Agreement and shall not cause the remainder to be invalid or unenforceable. In stub event, the
party shall reform this Agreemmt to replace such stricken provision with a valid and enforceable
provision which comes as close as possible to expressing the intention of the stricken provision.
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ABnaz=
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with al] federal, state, local laws, mks, regulations, and
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ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended.
ARC IM
• DISCRUMNATION PROHIBITED
1
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of ran, color, religion, sex, national origin or ancestry, W. or
• physical handicap. • •
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AR71CLE M
PERSONNEL
A. The CONSULTANT represents that it has or will secure at its own expense all personnel
required to perform all the services required under this Agreement. Such personnel shall
not be employees or officers of, or have any contractual relations with the City.
CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict
of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified and shall be authorized and
permitted under state and local laws to perform such services.
AR77CLE XX ►
SMGNABILITY
The CONSUL ft.'t'::Pill : assign any interest in this Agreement and shall not transfer
any interest in this Agre mer, (whether by assignment, novation, or otherwise) without the prior
written consent of the OWNER.
ARTICLE
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or moafiadon shall be offered or received in evidence t • •
•
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
,
rights or obligations of the parties hereunder, and unless such waiver or modification is in writing,
duly executed; and, the parties further agree that the provisions of this section will not be waived
PAGE 13
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unless as herein set forth.
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a,$TICIS XXi
MISCELLANEOUS
A. The following exhibits are attached to and trade a pan: of this Agreement:
Exhibit "A" - Consultant's Proposal.
Exhibit "B" - Employee Hourly Rates
Exltibit "C" - CRS Floodplain Management Planning Process
B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment under this Agreement, have access to and the right to examine any directly R
pertinent books, documents, papers, and records of the CONSULTANT involving
transactions relating to this Agreement. CONSULTANT arm that OWNER shall have
access during normal working hours to all necessary CONSULTANT facilities and shall be
provided adequate and appropriate working space in order to conduct audits in compliance
with this section. OWNER shall give CONSULTANT reasonable advance nodce of
intended audit.4.
E
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the State
of Texas.
• D. For the purpose of this Agreement, the key persons who will perform most of this work
hereunder shall be 1. Richud Perkins. Gary Vickery. Kelly Dillard. and Kelly Wood.
However, nothing herein shall limit CONSULTANT from using other qualified and
competent members of their firm to perform the services required herein. • •
E. CONSULTANT shall commence, carry on, and complete any and all projem with all
applicable dispatch, in a sound, economical, efficient manner, and, in accordance with the
PAGE 14
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provisions hereof. In accomplishing the projects. CONSULTANT shall take such sups as
Ore appropriate to ensure that the work involved is properly coordinated with related work
being carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
nit available information pertinent to the project, including previous reports, any odd data
reiative to the project and arranging for the access to, and nuke all provisions for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform services under this Agreement. The fee quoted in the proposal
is based on signif aw cooperation and assistance by City staff. CONSULTANT anticipate
that the OWNER will expend approzimiely $6,200 of effort to assist with community
meetings, to aid in evahtadon of existing programs and activities, and to provide guidance
in establishing goals and plans of action.
G. The captions of this Agreement are for informational purposes only and shad not in any way
affect the substantive terms or conditions of this Agmmew. t ,
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duty authorized City Manager and CONSULTANT has executed thls Agreement
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through its duly authorized undersigned officer on this the day of , 194-. E
CITY OF DENTMt TEXAS
t
Ted i. City Manager
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-,r~.~r ~ ~ ~ V "~4 Y xl ♦~+~f`Sfy n'.ti~~~S; t`;C`, j ~ 1 r,+y, j '1 A
ATTEST:
JENNIFER WALTERS. CITY SECRETARY
By:
AP D TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
TEAGUE NALL AND PERKINS, INC. S
1
By:
E
Name:
Title: ecinal
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WITNESS:
AF,BMW
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PAGE 16 19'
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EXMIT "A"
CONSULTANT'S PROPOSAL
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TEAGUE 'NALL AND PERKINS
O G N a U L r 1 N G a x a 1 H! a a
Septethber 11, 1997
Mr. krry Clam, P.B.
Director of Er*neering ad Trw4wrtadm Dept.
City of Deacon
city 1ia11 West
221 N. Elm SL
Deawn. TX 76241
Re: F.us"wing ses, Ptroposai for
City-woe row mn4kian Phua
Dear krry:
We sincerely apprecWe the oppoewoiry to submit the enclosed revised propoat (Profasiaoal
Services Agreeareat) foe the provision d pao&wkxW eagioeering serrioes for the subject projetat♦
The specific scope of services is outtiaed is Article II of the Cinched Apeemac We have
prepared our fee calculation on the basis of the mwgxT of man hours Ym bdinv wt71 be needed to
complete the Project.
Tberefore, we propose to provide our profmuimw enginecrin services far this project in
accordance with the exlosed Prohwiaoal Services ASmerneat for a tutu fee o (S 29.
In accordance with our current Contract with the City of De=4 we understand that the proposed
fee for our services will be based on a oot-to-exceed amount with enghwer* services belt billed
to the City oa an bounty reimbursable basis. ,
We have enclowd three (3) signed copies of the `Agroanent' for amstion by the City. Receipt F
of one fully executed copy of the 'Agreement' by our frrim wW serve as out .notice-to-proceed•
m this project. -
Thant you again for the opportunity to once again provide oar senica to the City of Dom We
loot forwud to assisting you in the succeuM cxtmpledw d this project.
• ' Vim' 0* yours.
TEAGUE NAU AND PMUWq% M '
4w~e t.
• J., P.B. •
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Enciosura 1.
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stn ssaens mraoornrsi.rar ~v
Mx u+ati sxrr t s ►iu WO rs++aae r=~ a c
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EMPLOYEE HOURLY RATES
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EMPLOYEE HOURLY BILLING RATES
ENGINEERING
Principal $ 110.00
Project Manager $80.00 - 90.00
Project Eagixa 550.00 - 70.00
CAD Tschakian $40.00 - 58.00
Clerical $33.00.55.00
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EXHIBIT "C"
CRS FLOODPLAIN MANAGEMENT PLANNING PROCESS
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E)CH03XIT°C"
CRS FLOOPLAIN MANAGEMENT PLANNING PROCESS
The NFIRA states chit to be eligible to receive an FMA project grant, a State Of community must
have a FEMA-approved mitigation plan. An existing plan that has been credited through the
Community Rating System (CRS) may meet the requirements of FMA with few or no
modifications. The standard planning pi for CRS applicants is excerpted below (taken from
CRS Application, FIA 154, July 1996 edition).
a. Organize to prepare the plan. Show in the plan or an attached memo:
1. If the plat was prepared under the supervision or direction of a professional
planner.
2. If a committee was involved; if so, what community departments were represented;
and/or
3. If your community's governing board formally created or recognized the planning
process or the committee.
b. Involve the public. At a minimum, you must show in the plan or an attached memo when
a meeting to obtain public input oa the draft plan was held. Also show:
1. If public coatings or other public information attivitics were implemented to
explain the planning process and encourage input; and/or
2. If the plarmiag committee noted under a.2 and 3 above included representatives of
the public; if so, bow many meetings were bold and what topics were discussed.
I
C. Coordinate. with other agencies. Show in the plan or an attached memo how the planning
process coordinsted with neighboring communities and local, regkxW, State, and Federal
agencies that implement floodplain management activities. At a minimum, you must show
that the draft action plan was seat to the other agencies for their comments. Also show:
1. If the other agencies were asked for their input at the beg'nning of the planning
process;
2. If meetings were held with representatives of the other agencies; and/or
3. If the plan includes a review of the community's ads, goals, and plans for the -
• area. ~ • •
d. Assess the hazard. The plan must include a map Lad description of the known flood
hazards and/or repetitive loss areas, and a dis tssion of past floods. Also show if the plan
Includes map and description of otber antral hazards.
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e. Assess the problem. The plan must discuss the number and types of buildings subject to
the hazards kkun6ed In the hwrd assessment. Also show if the plan:
1. Describes the Impact of flooding on buildings, laftstructure, and public health and
suety;
2. Describes the need and procedures for warning and evacuating residents and
visitors;
3. Identifies critical facilities, such as hospitals, fire stations, and chemical storage
companies.
4. Describes areas that provide natural and beneficial }Unctions, such as wetlands;
S. Includes a description of development trends and what the future brings for
development and redevelopment in the floodplain, the watershed, and natural
resource arcs; andlor
b. Includes a summary of the impact of flooding on the community and its economy.
f. Set goals. The plan must include a statement of your floodplain management programs
goals, f
g. Review possible activities. The plan must describe those activities that wete considered
and rote why they were or were not recommended.
h. Draft an action plan. The action plan specifies those activities appropriate to the
community's resources, flood hazard, and vulnerable properties. Show in the plan where
it recommen& who does what, when it will be done, and how it will be fiwooed. Also
show if the action plan established post-disaster mitigation policies and procedcmes.
L Adopt the plan. Show that the plan was adopted by your community's governing body
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j. Implement, evaluate, and revise. Show in the plan or an attached memo:
1. If your community has procedures for monitoring implementation, reviewing
progress, and ncommeading revisions to the plan in an annual evahuuion report. i
2. If the evaluation report is prepared by the same planning committee that prepared
the plan.
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2s.
Agenda IW. ~
,lnenda Item
Date -9- 7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN PROFESSIONAL SERVICES CONTRACT BETWEEN THE
CITY OF DEMON AND CARTER AND BURGESS (RFSP #2110 - DESIGN OF EAGLE
DRIVE DRAINAGE AND COLLINS STREET DRAINAGE PROJECTS AND TRAFFIC
STUDY FOR COLLINS STREET); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 2254 of the Texas Government Code, knosm as the Professional
Services Proarrement Ad, provides that a City may not select a provider of professional services
on the basis of competitive bids but on the basis of demonstrated competence and qualification
and for a fair and reasonable price; and
WHEREAS, the professk._el fees under the proposed contract are consistent with and not
higher than the recommended practices and fees published by the applicable professional
association and do cot exceed a maximum provided by law; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the services set forth in the proposed contract; NOW, ;
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to execute on behalf of the City
of Deacon, Texas, a professional services contract, wbstantially the same as the contract which is
attached hereto and made a pan hereof for all purposes, that provides services relating to
Engineering Services, as defined in Request for Sealed Proposal #2110, design of Eagle Drive
drainage and Collins Strad drainage project and traffic study for Collins Street with Carter and
Burgess in the amount of $38,700.00.
SECTION II. That the award of this cotrad is on the basis of demonstrated competence
and qualifications of the provider of professioM services under this contract and the ability of
• such provider to perform the needed services for a fair and reasonable price.
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SECTION 111. 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:
JENNffER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROM, CRY ATTORNEY
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DATE: DECEMBER lb, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT 3ETWEEN THE
CITY OF DENTON AND CARTER AND BURGESS FOR THE DESIGN OF THE
DRAINAGE FOR PHASE I EAGLE DRIVE IN THE AMOUNT OF 538,700. (RFSP "2110
- EAGLE DRIVE PHASE I PROJECT); AND PROVIDING FOk AN EFFECTIVE DATE.
Y: We recommend approval of contracts for professional services be approved to
Carta and urgess or Phase I of the design of Eagle Drive drainage and Collins Street paving and drainage in
the amt unt of 538,700,00.
: This request for sealed proposal is fe-r Professional Engineering Services to design the
drainage on age Drive as well as the drainage and pavin3 on Collins Street. Proposals were received from
twenty-one engineering firms which were evaluated based upon the requirement of the Request for Proposal.
A "short ' list of four firms were interviewed by City staff and the recommended firm was chosen for their }
strength in the areas articular to the individual projects. Please refer to the memorandums attached from Rick
Ss ehia for details of the projects.
PROGRA.Nl& DEPART:`IENTS OR GROUP'S AFFECTED: Engineering, Traffic, Drainage, and Citizens
{ to the project areas.
FISCAL INIPACT: Funds for these projects will come from 1997-98 CIP budgeted funds.
Attachments: List of Respondents
Memo from Rick Svehla
Respectfully submitted:
Kai
• Assistant Ci anager of Finance
Prepared;
l
• Name: Tom . , w. . • •
Title: Purchasing Agent
981. AGENDA -
1
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RFSP 0 2110
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RFSP NAME: PROFESSIONAL ENGINEERING SERVICE
DATE: OC'T'OBER I4, 1947
LIST OF RESPONDENTS
VINDOR NAME PORTEODI
TE kGUE NALL & PERKINS BOTH
1 IALFF & ASSOC. INC. B0771
RUST ENVIRONMENT A INF. BOTH
WINKELMANN & ASSOC. BOTH
M.K- ENGINEERS BOTH
A.R.S. ENGINEERS BOTH
0040, PATEL & YERBY 80TH
CARTER-BURGESS BOTH
KAILEY-HORN & ASSOC. BOTH
WEIR & ASSOC. BOTH
GREG EDWARDS ENO. BOTH "
-NRS CONSULT. ENO. RESEARCH PARKWAY ONL
BUCHER WILLLS & RATLIFF BOTH
GU7TL'RREZ. SMOUSE& WOL -UT BOTH
FREESE & NICHO 1W. BOTH
7URNER COL LIE & BRADEN INC. BOTH
PARSONS BARTON & ASCHMA RESEARCH PARKWAY (ONLY)
IIUITT•ZOLLARS INC. BOTH
TRAN SYSTEMS CORP. BOTH t
BINKELY & BARRELD INC BOTH
CUMMINS & PEWr T INC. BOTH
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CITY COUNCIL REPORT
,
C DATE: November 19, 1997
TO: Mayor and Members of the City Council
FRO`1: Rick Svehla, Deputy City Manager
SUB3ECT: An ordinance of the City of Denton, Texas authorizing the City Manager
to execute an professional services contract between the City of Denton
and Carter and Burgess (RFSP #2110 - Design of Eagle Drive Drainage
and Collins Street Drainage projects and Traffic study for Collins Street);
and providing an effective date.
RECOMMENDATION:
Approve the contract with Carter and Burgess to develop the concept for design of these
improvements in both drainage and transportation.
BACKGROUND:
The Eagle Drive Drainage System drains into some undersized channels at Elm and
Eagle approximately. The downstream channels in PEC-4 have recently been studied and k
improvements planned. Studies of these areas show that the system is not adequate and
that the focus of the project may need to include the systems between EaSWElm and Bell
C iRobertson. This engineering study will determine if the system that drains Collins to
Eagle and then Eagle to Bell Avenue is capable of carrying the increased underground
flows without backwater (blockages) that really negate the effect of the new
improvements. On the transportation side, the Collins Street improvements will be tittin_
into a very narrow corridor between US 377 and Welch. These studies will show how L
many lanes for through movements and turning movements should be provided. priman I .
at the intersections, and to see if a limited right-of-way can be used in the most cost
efficient manner possible by optimizing the design section.
PROGRAMS DEPARTMENTS. OR GROLYS AFFECTED:
Citizens in the area, Engineering and Transportation, the Drainage Response Team in
Quadrant 3, and the Drainage Maintenance Di. ision, and University at North Texas
FISCAL IMPACT:
1
The drainage study will cost 535,000 and the Traffic Study will cost S3,700.
RESPECTFULLY SUBMITTED:
Prepared by: R ck
Deputy City Manager
AA'
VDir lark .Ss•
r o f gineering & Transportation
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December 16,1997, City Council Meeting
flats. 1211!97
To: Ride Svehla, Deputy City Manager
From Jerry Gri< Director of Ernpinewi nq and TrernponAm
RE: Proff+wkfW SarAms Contract w4h Carter and Burpsss
Staff invited proposals from Firginaring Firms in this area that had drown interest in
providing professional engineering services for the City of Denton There were 21 firms that
submitted responses to our Requests for Quafificationti. From those firms a short fist of 4 firms
was selected for interviews rd presertatian. Carta and Burgess was sekdod by a consensus
of ttr four staff mem}ws to design the Eagk Drive Drainage Project and the Collins Street
Paving and Drainage Project.
The oootract is broken down into two Phases. The first phase will provide a firm scope of
work for this very compliated drainage system. These stormwaters drain to PEC4 will you k
ail know is being upgraded between Bell and Pecan Creek and Pm n is being 'unproved h
between Woodrow Lane and Sycamore. The met between BeU Avenue and Eagle at Elm
where the Eagle !rive System will drain is undersized so we need to study these restrictions
and spend the Eagle DrairAge money so that it will provide the most benefit poserbk. We do
not want to dump Eagle and Collins drainage into an undersized system that could negate the
effects of the new storm sewer improvements, The Phase I Drainage Study wn71 cost S35.000
and the Phase Traffic Study wit; cost $3700 to optimize the street section for C&M Strad
between US 377 rid Welch Street where there are some severe right of way limitation. Staff'
reo mane ids that the Phase I contract witb Carta and Burgess be approved. tarter and
Burgess has other oodn" with the City now on entranoe manners and at the Der" Airpot. M
They also have owelkat reputation in the Metropkx and especially their Dallas base for
quality, innovative designs and meeting acbeduks.
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PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN OF EAGLE DRIVE AND COLLINS STREET PAVING
AND DRAINAGE IMPROVEMENTS PHASE I.
STATE OF TEXAS §
COUNTY OF DENTON $
THIS AGREEMENT is made and entered into as of the day of
l9 by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton. Denton County, Texas
76201, hereinafter called 'OWNER' and Carter and Burgess, Inc., with its corporate office at 7950
Elmbrook, Dallas. Texas, hereinafter called'CONSULTANT,' acting herein, by and through their
duly authorized representatives.
WITNESSETH, that in co+wderation of the covenants and agreements herein ooataLned, the
parties hereto do mutually agree as follows:
ARTIC S I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an i >depeadent contractor, and
the CONSULTANT hereby agrees to perform the services herein in cormection with the Project aS
stated in the sections to follow, with diligence and in aocordaoce with the highest professional
standards custcwnarily obtained for such services in the State of Texas. The professional services
set out herein are in connection with the following described project:
The Project shall include, without limitation, drainage analysis for drainage system along
Eagle Drive from Avenue A and on downstream from its outfall along concrete tine charnel to 'L.
• confluence with Stream PECA Drainage on Collins Stmt from Welch to US 377 will also be
included; Traffic Analysis for the intersections of Collins Street at US 377, Bernard Street and
Welsh Street.
ARTI - .F iI
SCOPE OF SERVICES -
The CONSULTANT shall puform the following smices in a professional mamr>cr:
To perform all those services set forth in CONSULTANT s exhibits which is attsct>cd
hereto and made a part hereof as Exhibit "A" and "Was if written word for word herein.
97233300
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dl2TICi F ll[
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the OWNER,
which are not included in the above-described Basic Services, are described as follows-
A. During the course of the Project, as requested by OWNER the CONSULTANT will be
available to accompany OWNER's personnel when mating with the Texss Natural
Resource Conservation Commission. U.S. EnvirorunenW Protection Agency, of ocher
regulatory agencies. The CONSULTANT will assist OWNER's personnel on an as-needed
basis in preparing compliance schedules, progress reports, and providing general technical
support for the OWNER's compliance efforts.
B. Assisting OWNER or contractor in the defense of prosecution of litigation in connection
with or in addition to those services contemplated by this AgrcemcnL Such services, if any,
shales be furnished by CONSULTANT on a fee basis negotiated by the respective parties
outside of and in addition to this Agrcemeot
C. Sampling, testing, or analysis beyond that specifically included in Basic Services.
D, Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or fifes
for the OWNER's use in a future CAD system.
E. Preparing applications and supporting documents for government grant-, loans, or planning
advances and providing data for detailed applications.
F. Appearing before regulatory agencies or courts as an expert witness in any litigation with
third panics or condemnation proceedings arising from the dcvelopmmt or construction of
the Project, including the preparation of engineering data and reports for assistance to the
OWNER.
• G. Providing geotechnical investigations for the site, including soil borings, related analyses,
and rcvrnmtrdations.
ARTICLE IV
PERIOD OF SERVICE
• This Agreement shall become effective upon execution of this Agteerttecit by the OWNER • •
and the CONSULTANT aryl upon issue of a notice to proceed by the OWNER and shall remain in
force for the period which may reasonably be required for the completion of the Project, including
Additional Services, if any, and any required extensions approved by the OWNER. This
Agrcefnent may be sooner term owed in accordance with the provWkw, hereof. Tune is of the
essence in this AMement. The CONSULTANT shall make all reasonable efforts to complete the
97233300 Page 2
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services set forth herein as expeditiously as possible and to meet the schedule established by the
OWNER, acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS
1. 'Direct Non-Labor Expense' is defined as that expense for any assignment incurred
by the CONSULTANT for supplies, transportation and equipment, travel,
communications, subsistence, and lodging away from (tome, and similar incidental
expenses in connection with that assignment.
B, BILLTNO AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the lump
sums shown in Exhibit 4A & B' which is attached hereto and made a part of this Agreanent
as if written word for word herein, a total fee, including reimbursement for direct non-labor
expenses not to exceed 538,700.00.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee. however, under no circumstances shall any monthly statement for services exceed
the value of the work performed at the time a statement is rendered. The OWNER may
withhold the final five percent (5°/.) of the contract amurmt until completion of the Project.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement
It is specifically understood and agreed that the CONSULTANT shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments
by the OWNER for any charge, expense, or reimbursement above the maximum riot to
exceecr fee as stated, without first having obtained viritten authorization from the OWNER
The CONSULTANT shall not proceed to perform the services listed in Article III
• 'Additional Services,' without obtaining prior written authorization from the OWNER _
• O
A. ADD: TIONAL SERVICES: For additional services authorized in writing by the OWNER
in Article HI, the CONSULTANT shall be paid based on the Schedule of Charges at an
hourly rate shown in Exhibit'C.' Payments for additional services shall be due and payable
upon submission by the CONSULTANT, and shall be in accordance with subsection B
hereof. Statements shall not be submitted more frequently than monthly.
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A. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services
and expenses within sixty (60) days after receipt of the CONSULTANTS undisputed
statement the=L the amounts due the CONSULTANT will be increased by the tale of one
percent (1%) per month from the said sixtieth (60h day, and, in addition, the
CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend
services under this Agreement until the CONSULTANT has been paid all amount
due for services, expenses, and charges, provided, however, nothing din "require
OWNER to pay the late charge of one percent (1%) set forth heroin if the OWNER
reasonably determines that the work is unsatisfactory, in accordance with this Article V,
'Commsation."
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any subcontractors or subconsultants.
ART1CLF. YfE
OWNERSHIP OF DOCUMENTS
All documents prepared or fvmished by the CONSULTANT (and CONSULTANTS
subcontractors or subrnnsulta nts) pursuant to this Agreement are instrwnents of service, and shall
become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's
use of the<e documents in other projects shall be at OWNER's sole risk and expense. In the event
the OWNER uses any of the information or merials developed ~T~to his Agreement d from any
another project or for other pnnrposes than specified herein
and all liability relating to then use in that preject-
ARTICLE M
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not os an
employee of the OWNER. CONSULTANT shall not have or claim any right arising from
• employee status. • •
E
97233300 page 4
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ARTICLM
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officers, agents. and employees from and against any and all liability, claims, demands, damage%
losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred
by the OWNER, and including, without limitation, damages for bodily amd personal injury, death
and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its
officers. shareholders, agents, or employees in the execution. operation. or performance of this
Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is trot a
party to this Agreement, and nothing herein shall waive any of the patties' defenses, both at law or
equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly res xved.
AR'r'tC1.FX
INSURANCE
During the perforrance of the services under this Agreement CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business
with Best Rate
Texas by the State Insurance Commission or any successor ag wy that has rating w
Carriers of at least an A• or above:
Comprehensive General Liability Insurance with bodily injury limits of not less than
S500,000 for each occurrence and not less than S500,000 in the aggregate, and with property
damage limits of not less than SI00,000 for each occurrence and not less than 5100,000 in the
aggregate.
Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident, and with property da-nnage limits of not less
than S 100,000 for each accident.
Worker's Compensation Insurance in ac ordance with statutory vgttifemens, and
Employers' Liability Insurance with limits of not less than $100,000 for each ccifent.
Professional Liability Insurance with limits orrtot less Ilan S1,000 000 ranwal aggregate. • •
The CONSULTANT shall furnish inwrance certificates or inrAaoce policies at the
OWNER's request to evidence such coverages. The insurance policies shall tame de OWNER as
an additional insured on all such policies, and shall contain a provision that such insurance shall not
be canceled or modified without thirty (30) derys Prior written notice to OWNER and
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CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change
or cancellation. serve substitute policies furnishing the same coverage.
ARTICLE X_1_
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dispute
to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to this Agreement. involving one party's
disagreement, may include the other party to the disagreement without the other's approval.
ARTICLE XII
TERMINATION OF AGREEMENT
Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance tivritten notice to the other party.
This Agreement may be terminated in whole or in pat in the event of either party t
substantially failing to fulfill its obligations under this Agreement. No such termination will be
affected La-less the other party is given (1) written notice (delivered by certified mail, return receipt
requested) of intent to terminate and setting forth the reasons specifying the non-performance, and
not less than thirty (30) calendar days to cure the failure-, and (2) an opportunity for consultation
with the terminating party prior to termination.
If the Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services and shall render a final bill for services to the
OWNER witidn thirty (30) days after the date of termination. The OWNER shall pay
CONSULTANT for all services properly rendered and satisfactorily performed and for
reimbursable expenses to termination incurred prior to the date of termination, in accordance with
Article V "Compensation.' Should the OWNER subsequently conuract with a new consultant for
the continuation of services on the Project. CONSULTANT shall cooperate in providing
• information. The CONSULTANT shall turn over all documents prepared or furnished by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination,
but may rna;ntain copies of such documents for its use.
ARTICLE X111
• RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility
and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and
subconsultants for the accuracy and competency of their designs or other work: nor shall such
approval be deemed to be an assumption of such responsibility by the OWNER for any defect in
91233300 Page 6
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i!u design or other work prepared by the CONSULTANT, its employee& subcontractors, agents,
and consultants.
ARTICLE IV
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall
be personally delivered or mailed to the respective parties by depositing same in the United States
mail to the address shown below, certified mail, return receipt requested, unless otherwise specified
herein. Mailed notices shall be deemed communicated as of three (3) days mailing:
To CONSULTANT: To OWNER:
Cartcr & Burgess, Inc. City of Denton
Al" Martinez P.E. Jerry Clark, P.E.
Project Manager Director of Engineming and
7950 Elmbrook Dr. Transportation Dept.
Dallas, Texas 752474951 City Hall West
221 N. Elm
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within thin (3) days' mailing.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting of 10 pages and 3 exhibits, constitutes the complete and final
expression of the agreement of the parties, and is intended as a complete and exclusive statement of
the terms of their agreements, and supersedes all prior contemporanww offers, promises,
representations. negotiations, discussions, communications, and agreements which may have been
made in connection with the subject matter hereof,
i
ARTICLE X
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction -
• to be invalid or unenforceable, it shall be considered severable 5om the remainder of this • •
Agreement and shall not cause the remainder to be invalid or unenforceable. In such event. the i
J parties shall reform this Agreement to replace such stricken provision with a valid and enforceable
provision wfiich comes as close as possible to expressing the intention of the stricken provision.
97233300 Page 7
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ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local Iaws, ndes, regulations,
and ordinances applicable to the work covered hereunder as they may now read or hereinafler be
amended.
ARTICLE XVIH
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the be- : of ram, color, religion, sex, rational origin or ancestry, age, or
physical handicap.
ARTIrLE XI-X !
PERSONNEL C
A. The CONSULTANT represmts that it has cc will secure, at its own expense, all personnel
required to perform all the servims required under this Agreement Such personnel shall not be
employees or officers of, or have any contractual relations with the OWNER. CONSULTANT
shall inform the OWNER of any conflict of interest or potential conflict of interest that may
arise during the term of this Agreement
8. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized and
pmtuned under state and local laws to perform such services.
ARTICLE XX
ASSIGNABILrfY
• The CONSULTANT shall not assign any interest in this Agreertma, and shall not transfer
any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior
ti
written consent of the OWNER.
ARTICLE XXI
MODIFICATION
•
No waiver or modification of this Agreement or of any covenant rnrtdilim or limitation ~ • •
herein contained shell be valid unless in writing and duly executed by the pity to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence in
any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights
or obligations of the parties hereunder, and unless sucl• waiver or rt cxHcation is in writing and
91233300 Page 8
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duly executed: and the parties further agree that the provisions of this section will not be waived
unless as set forth herein.
ARTICLE XXIT
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A - Eagle Drive/ Collins Steel Phase I - Drainage Analysis Scope of Work
and Compensation
Exhibit B - Collins Street Phase I - Traffic Analysis Scope of Work and Compensation
Exhibit C - Professional Services Rate SmKture
B. CONSULTANT agrees that OWNER shall, unlit the expiration of three (3) years after the
final payment under this Agreement. have amen to and the right to examine any directly
pertinent books, documents, papers, and records of the CONSULTANT involving
transactions relating to this Agreement CONSULTANT agrees that OWNER s!rall have
access during nomW working hours to all necessary CONSULTANT facilities And shall be
provided adequate and appropriate working space in order to conduct audits !n compliance
with this section. OWNER shall give CONSULTANT reasonable advance notice of
intended audits.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the State
of Texas.
D. For the purpose of this Agreement the key persons who will perform most of the work
hereunder shall be from the Carter k Burgess Dallas office. However, nothing herein shall
limit CONSULTANT from using other qualified and competent members of its firm to
perform the services required herein.
• E. CONSULTANT shell commence, carry on, and complete any and all projects with all
i applicable dispatch, in it sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps
as are appropriate to ensure that the work involved is properly coordinated with related
work being carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANTS disposal • •
•
all available Information pertinent to the Project, Including previous reports, any other data
relative to the Project, and arranging for the access thereto, and make all provisions for the
CONSULTANT to enter in or upon public and private property as requited for the
CONSULTANT to perform services under this Agreement.
91233300
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0. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive teens or conditions of this Agreement
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this the day of ,
14
CITY OF DENTON, TEXAS
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
t
BY: _
f
APPROVED AS TO LEGAL FORM: .
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CONSULTANT
• CARTER BURGESS.., INC.
r
PHIL DEATON, SR. VICE PRESIDENT
• WITNESS: ~ .
BY:
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~ y97233300 PA00. in
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EXHIBIT A
EAGLE DRIVE J COLLINS STREET
PHASE I - DRAINAGE ANALYSIS
SCOPE OF WORK AND COMPENSATION
SCOPE:
A. Perform existing hydrologic analysis for the watershed contributing stormwater runoff to
the tributary of PEC-4 Stream.
B. Conceptualize proposed storm sewer for.
1. Eagle Drlve from Ave A to ou fall at the tributary.
2. Collins street from Welch Street to US377 and Including lateral runs to the Eagle
Drive system along Bernard Street and Cleveland Street.
City topographic base maps *4 be used to schematically layout storm sewer alignment
and preliminary pipe sizes will be shown,
C. Perform hydraulic backwater analysis for subject tributary. This would lnclude
establishing:
1, Existing conditions water surface elevations (WSEL) from the tributaries'
confluence with stream PEC-4 upstream to Ea& Drive;
2, Revise existing conditions WSEL by updating the starting WSEL at the
confluence with PEC-4, Downstream channel Improvements and culvert
Improvements at Robertson/Bell street crossing are being designed by other
firms. Their design will determine this projed's starting WSEL. The revised
existing condidons backwater analysis will be perfom*d offer the downstream
projects finalize their WSEL's. If the downstream projects change the WSEL's
after the revised existing conditions analysis have been performed and addkbnal
revisions are required, those revisions Wit be considered additional services;
• 3. Up to two (2) proposed conditions alternatives evaluating Impact and location of
oofall of proposed storm sewer for Eagle Drive and Collins Street One
alternative will have the outfall just east of Myrtle Street and just north of the ,
Eagle Drive R.O.W. The other alternative will have the storm sewer routed along
Myrtle Street and Maple Street and outfalling at Loam Street.
D. Issue technical memo recommending tributary Improvements and outfall location of
• proposed storm sewer for Eagle Drive and Collins Street Memo will also recornmend
scope and limits for the preparation of construction documents for proposed storm • •
sewer described in Part B. The technical memo will also Include estImMes of probable
construction cost for the various recommended Improvements and schematic bass map
described in Part B.
97233300 L01
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E. City of Denton WN provide bas maps, existing pWar and field wrvey veffts ion such
as a,fvod flow anesr than* cross sections, street Profiiea, etc.
COMPENSATION:
Lump Sum fee =3tfrt~0.00
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EXRBIT 5
COLUNS STREET
PHASE I • TRAFFIC ANALYSIS
SCOPE of WORK AND COMPENSATION
A Perform signaMzed capectty analysis at the Interascow of Cobra and US 377 usirq
exlsWng cycie s and OWN.
1. Perform signaked capsck analysis at COW" and US 370 slio%i the computer
program to o*tAze the W nNV and Phs*V.
C. Perform wsigraflzed capacity analysis at the Her:ecoofa of Coyne at Bernard and
Co" at Welch.
D. Using the mutts of the above sns"Is, Mermina @a appropriate gaomaW" to provide
a ressormble fowl of service.
E. Document the W WV In a tedWool memo.
F. Prior to performing the above traffic analyCa, the City of Denton will provide'
a.m. and p.m. hour fuming movement counts at the following Intersections:
1. US 377 at Collins Street
2. co?" Street at Bernard
3. Collins StrW M Welch
24 hour directional msdtilne counts for a typical weekday at the foibwk+g locations:
1. CoiMns between A StreM and Welch
2. Coiko between Welch and Bernard
1 3, WMns east of US 377
Lump Sum Fee $3,700.00
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EXHIBIT "C"
PROFESSIONAL SERVICES RATE STRUCTURE
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Principai S I00.00 m to SI50.OO/hmn
Proje;t Manager S80.0O hour to S 100.OOftur
Project Engirom S65.00/hour to $90.00/ *w
i Office Surveyor S50.0Olhm to 560.00lhoar
Registered Surveyor $72.00 hour to $I05.00/how
i Technician S45.OO how to S75.001hour
Field Party (3 nun) S95.00thm to $I00.00Thotu
Field Party (2 man) 570.00 bm to S80.00/hour
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Agenda No. y LM
Apenda Item
Date
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN PROFESSIONAL SERVICES CONTRACT BETWEEN THE
CITY OF DENTON AND HUITT•ZOLLARS (RFSP 82110 - RESEARCH PARKWAY
PROTECT), AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, Chapter 2254 of the Texas Government Code, known as the Professional
Services Procurement Act, provides that a City may not select a provider of professional services
on the basis of competitive bids but on the basis of demonstrated competence and qualification
and for it fair and reasonable price;
WHEREAS, the professional fees under the proposed cordract are consistent with and not
higher than the recommended practices and fees published by the applicable professional
association and do not exceed a maximum provided by law, and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the services set forth in the proposed contrail; NOW,
THEREFORE,
l
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby to thorizod to execute on behalf of the City
of Denton, Texas, a professional services contract, substantially the sane as the contrail which is
attached hereto and made a part hereof for all purposes, that provides services relating to
Engineering Services, as defined in Request for Sated Proposal #2110 Research Parkway
Project, with Huitt-Zollars in the amount of $93,095,00.
SECTION Il. That the award of this contract is on the basis of demonstrated competence
and qualifications of the provider of professional services under this cordrad and the ability of
such provider to perform the needed sen xs for a fair and reasonable price.
• SECTION 111 . That this ordinance shall become effective immediately upon its passage
and approval. '
PASSED AND APPROVED this the day of 1997.
•
TACK MILLER, MAYOR C
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROM, CITY ATTORNEY
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DATE: DECEMBER 16, 1997
CITY COUNCIL REPORT
Td: Mayor and Members of the City Council
FROM; Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE
CITY OF DENTON AND HUITT•ZOLLARS FOR THE DESIGN OF THE PAVING AND
DRAINAGE FOR RESEARCH PARKWAY IN THE AMOUNT OF $95,095. (RFSP #2110
- RESEARCH PARKWAY PROJECT); AND PROVIDING FOR AN EFFECTIVE DATE.
R -0 , We recommend approval of contracts for professional engineering services be
F( END I
approve to U:H oars, Inc. for the design of Research Parkway paving and drainage in the amount of
S95,G9S.
PACKCROgIQ: This request for sealed proposal is for professional engineering services to design the
drainage on esearch Parkway drainage and paving. Proposals were received from twenty-one engineering
firms which were evaluated based upon the requirement of the Request for Proposal. A "short" list of four firms
were interviewed by City staff and the recommended Finn was chosen for their sirerio in the areas particular
to the individual projects. Please refer to the memorandums attached from Rick Svchla for details of the
projects.
1 \ AFFECTEDs Engineering, Tiaffic,Drainage, andC'itizens
T t he project areas.
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FISCAL IMPACT: Funds for these projects Hill come from 1997.98 CIP budgeted funds,
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Attachments: List of Respondents
Sfemo from Rick Svehla
Respectfully submitted:
at u se
ASliSt y Nlanager of Finance
Prepared;
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Name: om haw,-r-m-
Tiitle:Aaiurchasing Agent f
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RFSP M 2110
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RFSP NAME: PROFESSIONAL ENGINEERING SERVICE
DATE: OCTOBER l4, 1997
LIST OF RESPONDENTS
VENDOR MAMZ PORTION
TEAGUE NALL & PERKINS BOTH
HALFF A ASSOC, INC. BOTH
RUST ENVIItONMENT & INF. BOTH
WINKELMANN do ASSOC. BOTH
M.K. ENGINEERS BOTH
A,R.S. ENONNEERS BOTH
CHINO PATEL k YERBY BOTH
CARTER-BURGESS BOTH
KIMLEY-HORN & ASSOC, BOTH
WEIR A ASSOC. BOTH
GREOEDWARDSENO. BOTH
•NRS CONSULT. ENO. RESEARCH PARKWAY (ONLY)
BUCHER WILLIS & RATLIFF BOTH
GUTIERRE4 SMOUSE A WILMUT BOTH `
FREESE & NICHOL INC. BOTH I '
TURNER COLLIE & BRADEN INC. BOTH
PARSONS BARTON k ASCHMA. RESEARCH PARKWAY (ONLY)
HUIT'E•ZOLLARS INC. _ BOTH
IRAN SYSTEMS CORP. BOTH
BINKELY A BARFIELD INC. BOTH
CUMMINS R PEWITTINC. BOTH
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CITY COUNCIL REPORT
DATE: November 19, 1997
TO; Mayor and Members of the City Council
FROM: Rick Svei:ta, Deputy City Manager
SUBJECT: An ordinance of the City of Denton, Texas authorizing the City Manager
to execute an professional services contract between the City of Denton
and Huitt-Zollus (RFSP #2110 - Research Parkw"y Project); and
providing an effective date.
R ; 9 NDATION:
Approval of contract for professional engineering services on Research Boulevard
BACKGROUND:
Research Boulevard is an economic development project that will need to be designed
immediately to meet the construction schedules of international Isotope Inc.. Huitt
Zollars was chosen to design these facilities based on their previous experience, an
excellent project team, and an integral public relations component in the team. The
contract will provide plans for about 3200 feet of a four lane divided roadway with a 12" l
waterline on the south side.
PROGue~tc f)FDARTRIFIUTS, (1R IIROUPS AFFFCTED:
The land that this road is being cut into is zll privately owned. There will be some
interaction at Woodrow with the Public, Engineering & Transportation will administer
the contract and Water/Wastewater will help develop the plans by participating in the
reviews. This is an economic development project We have also included options that
address turn lanes on Woodrow and sizing of a culvert of Spencer.
EIKALWEACT:
The cost of the project is budgeted at 5700,400 to include construction and engineering
for the road. The basic engineering scrvices are proposed fora lump sum fee of 563,710.
There are some additional services including surveying, geotechnical work, public
Involvement, consultanting, and Ooodplain analysis services. The lump sum cost for
these is $26,325. Each item has a unit cost. Staff feels that all of the services proposed
I are needed and recommends approval of the contract of 595,095.
RESP ULLY SUBMITTED:
Deputy City Manager
{ Prepared by:
le ark
Dir r of En ineering do Transportan'on
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December 16,1997, City Council Meeting
Hate: 1211/97
To: Rick Svehia, Deputy City Manager {
Frcm Jerty Chic, Director of Engineering and Tramsp%tation COD i
RE: Professiorial Services ('rrtract with Huirt and Zollars, Inc for Research Parkway
Staff invited proposals from Frigbeering Firms in this ra that had shown interest in
providing professiorW engineering servioes for the City of Deatoa There were 21 firms that i
submitted responses to our Requests for Quslifiatioru. From those firms a short lief o(4 firms s
was selected for interviews and presentations, Huitt, Zollars, Inc. was seWed by a corteerntu
of the four staff member to design Research Parkway.
The oontrad is broken down into two areas. The basic design services wild cost $60,770 std i
the addtiorml sa . is for surveying, geotechnW work, public meeting subwasithrit, and
tloodplain aealysis will co* 526,325. The total contract will be $95,095 if approved. Staff
room mends that the &tire oontract be approved. Hultt Ulm have oompleted work in the f
pest fa the City of Denton to our u6sftcttion and have an exoellent reptttatiat in the f
Metroplex and especially their Fort Worth base for gw6ty and meeting schedules.
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PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING SERVICES
STATE OF TEXAS ¢
COUNTY OF DENTON §
THIS AGREEMENT is mrde and entered into as of the 16th day of December, 1997, by
and between the City of Denton, Texas, a Texas municipal corporation, with its principal office
at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called
"OWNER" and lfuitt•Zollars, Incorporated, with its corporate office at 512 Main Street, Suite
1500, Fort R'orth, Texas 76102, hereinafter called "CONSULTANT," acting herein, by and
through their duly authorized representatives.
WIT FSSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as fellows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services herein in connection with the
Project as stated in the sections to follow, with diligence and in accordwz with the professional
standards customarily obtained for such services in the State of Texas. The professional services
set out herein are in connection with the following described project:
Research Parkway and Drainage Improvements
ARTICLE I1
SCOPE OF SERVICES
The CONSULTANT shall perform tSe following services in a professional manner:
• A. The CONSULTANT shall perform professional services as necessary and as described in
the OWNER's RFSP #2110, with Addendum #1 and 112, which are attached hereto and
made a part hereof as Exhibit "A" as if written word for word herein.
B. CONSULTANT shall perform Basic Engineering services set forth in Exhibit "B", which
is attached hereto and made a part of this agreement as if written word for word herein.
• C. If there is any conflict between the terms of this Agreement and the exhibits attached to • •
this Agreement, the terms and coddHifts'ofiHi Agreement will control over the terms
and conditions of the attached exhibits or task orders. I
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ARTICLE If
ADDITIONAL SERVICES
A. The following, additional services shall be furnished by CONSULTANT on a fund-fee
(lump sum) basis in performance of this agreement and as set forth in Exhibit "C", which
is attached hereto and made a part of this agreement as if written word for word herein.
1. Geotechnical Services. Provide geotechnical investigations for the site, including soil
borings, related analyses, and recommendations.
2. Public Relations Services. Provide general public relations, services to the OWNER
and CONSULTANT, including public information services and facilitating two
public meeting.
3. Surveying Services. Provide basic field survey, including design and topographic
survey and dimension control.
4. Floodplain Analysis Services. Provide CLOMR(LOMR surveys, analyses and
reports.
B. Other additional services to be performed by the CONSULTANT, if authori-ed by the
OWNER, in writing, are described as follows:
During the course of the Project, as :quested by OWNER, the CONSULTANT will
be available to accompany OWNER's personnel when meeting with the Texas
Highway Department or other agencies. 11e CONSULTANT will assist OWNER's
personnel on an as-needed basis in preparing compliance schedules, progress reports,
and providing general technical support for the OWNER's compliance and regulatory
effor's.
2. Assisting OWNER or contractor in the defense or prosecution of litigation in
connection with or in addition to those services contemplated by this Agreement
3. Sampling, testing, or analysis beyond that specifically included in Basic Services.
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4. Preparing copies of computer aided drafting (CAD) electronic data bases, drawings,
or files for the OWNER's use to a future CAD system t
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5. Appearing before regulatory agencies or courts as an expert witness in any litigation
with third parties or condemnation proceedings arising from the development or '
construction of the Project, including the preparation of engineering data and reports
for assistance to the OWNER
• If requested by OWNER, additional services prescribed in Paragraph B above, or others, shall be • •
furnished by the CONSULTANT on a fee basis as set forth in Exhibit "D", which is attached
hereto and made a part of this agreement as if written word for word herein.
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ARTICLE I
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and
shall remain in force for the period which may reasonably be required for the completion of the i
Project, including Additional Services, if any, and any required extensions approved by the
OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof.
Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts
to complete the services set forth herein as expeditiously as possible and to meet the schedule
established by the OWNER, acting through its City Manager or his designee.
ARMLYL-V
COMPENSATION
A. COM^ENSATION TERMS:
1. Subcontract Expense is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms ;or services in the nature of Additional
Services.
2. "Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and similar
incidental expenses in connection Nvith that assignment.
I
B. BILLING AND PAYMENT:
L BASIC ENGINEERING SERVICES:
a. For and in consideration of the professional services to be performed by the
CONSULTANT herein the OWNER agrees to pay for Basic Services set j
forth in Exhibit "B", a fixed fee, including reimbursement for direct norelabor
expenses not to exceed SIXTY EIGHT THOUSAND SEVEN HUNDRED
SEVENTY DOLLARS ($68, 770.00).
b. Partial payments to the CONSULTANT will be made on the.basis of detailed
• monthly statements rendered to and approved by the OWNER through its City
Manager or his designee; however, under no circumstances shall any monthly
statement for services exceed the value of the work performed at the time a
statement is rendered, The OWNER may withhold the final five percent (SVC)
of the contract amount until completion of the Project.
• c. Nothing contained in this Article shall require the OWNER to pay for any ` • •
work which Is unsatisfactory, as reasonably determined by the City Manager
or his designee, or which is not submitted in compliance with the terms of this
Agreement. The OWNER shall not be required to ma'.ce say payments to the
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CONSULTANT when the CONSULTANT is in default under this
Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to this Agreement which would
require additional payments by the OWNER for any charge, expense, or
reimbursement above the maximum not to exceed fee as stated, without fast
having obtained written authorization from the OWNER. The
CONSULTANT shall not proceed to perform the services fisted in Article III
"Additional Services," without obtaining prior written authorization from the
OWNER.
2, ADDITIONAL SERVICES:
a. For specified additional services authorized by Article Ill, 0 of this
agreement, the OWNER shall pay the CONSULTANT fixed fee, not to
exceed TWENTY SIX THOUSAND THREE HUNDRED AND TWENTY
FIVE DOLLARS (26,325,00).
b. Payments for additional services shall be due and payable upon submission by
the CONSULTANT, and shall be in accordance with subsection B hereof.
Statements shall not be submitted more frequently than monthly.
C. TOTAL COMPENSATION:
For and in consideration of basic services and specified additional services to be
performed by the consultant herein, the OWNER agrees to a total fixed fee not to exceed
NINETY FIVE THOUSAND AND NINETY FIVE DOLLARS (;y95,095.00}.
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D. PAYMENT:
If the OWNER fails to make payments due the CONSULTANT for services and ~
expenses within sixty (60) days after receipt of the CONSULTANT's undisputed
statement thereof, the amounts due the CONSULTANT will be increased by the rate of
one percent (l%) per month from the said sixtieth (60m) day, and, in addition, the
CONSULTANT may, after giving seven (7) days' written notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full all
• amounts due for services, expenses, and charges, provided, however, nothing herein shall
require the OWNER to pay the late charge of one percent (l%) set forth herein if the
OWNER reasonably determines that the work is unsatisfactory, in accordance with this
Article V, "Compensation."
ARTICLE VI _
f OBSERVATION AND REVIEW OF THE WORK • f
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies In the work of the
CONSULTANT or any subcontractors or subconsuftants.
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ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement in instruments of service, and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
famished by the CONSULTANT are intended only to be applicable to this Project, and „
OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense.
In the event the OWNER uses any of the information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein, CONSULTANT is
ret rased from any and all liability relating to their use in that project.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officers, agents, and employees from and against any and all liability, claims, demands, damages,
losses, and expenses, including, but not limited to court costs and reasonabk attorney fees
incurred by the OWNER, and including, without limitation, damages for bodily and personal
injury, death and property damage, resulting from 1',ie negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of a;tion, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
X i
• ARTICLE
INSURANCE '
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State i
• of Texas by the State Insurance Commission or any successor agency that has a rating with Best • •
Rate Carriers of at least an A• or above: i
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
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property damage limits of not less than S100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than S500,000 for
each person and not less than $500,000 for each accident, and with property damage
limits of rat less than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
E. The CONSULTANT shall furnish insurance certificates or insurance policies at the
OWNER's request to evidence such coverages. The insurance policies shall name the
OWNER as an additional insured on all such policies, and shall contain a provision that
such insurance shall not be canceled or modified without thirty (30) days' prior written
notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior
to the effective date of the change or cancellation, serve substitute policies furnishing the
same coverage.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
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The parties may agree to settle any disputes under this Agreement by submitting the
dispute to arbitration or other means of alternate dispute resolution, such as mediation. No
arbitration or alternate disp•rte resolution arising out of or relating to this Agreement, involving
one party's disagreement, may include the other party to the disagreement without the other's
approval.
ARTICLE Xll
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party tray terminate by
gHng thirty (30) days' advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
• mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than thirty (30) calendar days to cure the i
failure; and (2) an opportunity for consultation with the terminating party prior to '
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
• hereunder, CONSULTANT shall immediately cease all services and shall render a final • •
bill for services to the OWir£R within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all servicss property rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Ankle V "Compensation." Should the OWNER
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subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall tum over all documents prepared of furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, wiless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To CONSULTANT: To OWNER:
Huitt•Zollars, Inc. City of Denton
Kenneth J. Hughes, P.E. Mr. Jerry Clarke, P.E.
Project Manager Director, Engineering and
512 Main Street, Suite 1500 Transportation Department '
Fort Worth, Texas 76102 215 E. McKinney
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting of ten (10) pages and Exhibits A through F, constitutes the
complete and final expression of the agreement of the parties, and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contempomneous
offers, promises, representations, negotiations, discussions, communications, and agreements i
• which may have been made in connection with the subject matter hereof. • •
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ARTICLE XVI
SEVERABILITY
If any provision of this Agreement iR found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall rat cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
hereinafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the senices required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XIX
PERSONNEL
I
A, The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All persomwl engaged in work shall be qualified, end shall be authorized
and permitted under state and local laws to perform such services.
• ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement, and shall not
transfer any interest in this Agreement (whether by assignment, nowtion or otherwise) without
the prior written consait of the OWNER. L
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ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evident
in any proceeding arising between the parties hereto out of cr affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A - Request for Proposal
Exhibit B - Basic Engineering Services
Exhibit C - Additional Services
Exhibit D - Professional Fees and Charges
Exhibit E -Project Schedule
Exhibit F -Deliverable Products
B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after
the final payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers, and records of the CONSULTANT
involving transactions relating to this Agreement. CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities
and shall be provided adequate and appropriate working space in order to conduct audits
in compliance with this section. OWNER shall give CONSULTANT reasonable advance
notice of intended audits.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
• D. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Mr. Kenneth J. Hughes, P.E. However, nothing herein shall limit
CONSULTANT from using other qualified and competent members of its firm to
perform the services required herein.
E. CONSULTANT shall commence, carry on, and complete any and all projects with all
• applicable dispatch, in a sound, economical, and efficient manner and in accordance with • •
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
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F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT'S
disposal all available inforraation pertinent to the Project, including previous reports, any
other data relative to tM. Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
0. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the City of Deacon, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this the r day of December, 1997.
CITY OF DENTON, TEXAS
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CONSULTANT
By:
Name:
Flu l Ma
i
a WITNESS: Title: Vice Presided
BY:
Page 10 of 10
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EXHIBIT "A" w/ADDERWMS fl and i2
CITY OF DENTON
RFSP # 2110
PR OFESSIONAL ENGINEERING SEW VICES
E
OPENING DATE; : OCTOBER 14,1997
PREPARED BY THE ENGINEERING DEPARTMENT
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Request for Statements of Qualifications j
The City of Denton, Texas seeks the services of a Professional Engineering Firm (s) to design
the following:
1. Paving and Drainage Improvements
Locations:
1. Research Parkway
2. Collins Street between US 377 (Fort Worth Drive) and Welch Street
3. Eagle Drive
Project Details
1. Pavin Draina a Improvements
w\ 1. Research Parikway Paving and Drainage Improvements.
This project will be a new street through raw Ian esigned using t e enclosed schematic.
e The design section will be an urban section of four lanes with a 14' median. 1
♦ The project will start at Woodrow Lane and extend 3000' to the east. Drainage
improvements are to be designed with the road section including one major creek
crossing and all underground storm sewers with inlets, etc.
4 Preliminary ROW Documents will be available at the start of the design phase. The
consultant will not be involved with the ROW acquisition except as needed to
accommodste design issues like slope easements, etc.
♦ Funding and approvals will be entirely by the City of Denton.
2. Eagle Drive Drainage Improvements
• 3. Collins Street Paving and Drainage
These two projects will be designed and constructed to be In one package to guarantee r
the compatibility of the drainage systems. The Collins Street System drains into the We
system. The project will include some phasing for the eastern end of Collins if possible to
Improve pavement widths quickly. Recent development In tW area has increased the • •
• Average Daily Traffic, which in turn effect speeds, safety, and other issues.
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Eagle Drive
• The Eagk Drive system has an existing undersized system (Vl* capacity) that has to
be augmented with a parallel system. Fiber optics exists along the north side of Eagle
about 5' deep.
• The limits of the Eagle system are generally between Elm Street and Avenue A.
♦ Design shall be according to the Denton Drainage Design Manual.
Collins Street
• Collins Street has severe flooding between Cleveland aa,,-' L:rnard. The connection to
the Eagle System has been planned at Cleveland.
The street section for Collins shall be 45' or 41' depending on the ROW acquisition
byLthe City of Denton. Again, the consultant will be asked to provide design impacts
that effect the final ROW width and route..
♦ The need for right and left turn lanes'are to be studied at US 377, Bemard and Welch
Street.
I
Collins Street limits are between US 377 and Welch Street. The section between
Bernard Street and US 377 will probably be constructed first to,address lane width
issues. Associated drainage will have to be phased also.
General Items
Design standards include City of Denton Standard Details, NTCOG Blue Book. Denton
Amendments to the NTCOG Standards, AASHTO, and at the US 377 Connection-TXDOT
Standards.
Consultant will be asked to attend up to two public meetings for each project Where the project
will be presented to the adjacent property owners/residents for comment and to the community in
general.
Funding and approvals will be entirely by the City of Denton.
Statement of Qualifications
The City of Denton has no expressed or implied obtiguion to reimburse the responding firms for
any expenses lnourred in preparing Statements of Qualifications (SOQs) in responne to this ti
• request. SOQ's may be submitted for either the Research Parkway Paving sad Dmirmge • •
Improvements Project or the Eagle Drainage and Collins Paving and Drainage or botlL The City
of Denton will select a short list of 3 firms for each set of projects. The City of Deacon will
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determine whether to s&-.'one or two firms after review of the 'n7nation presented by the
sort list firms. The selection will solely be based on the best interests of the City.
The SOQ's submitted in the first phase should includ, only the following items. The first phase
is intended only to provide an r,verview of the fists so that the City of Denton cut select the
short list firms. Please limit the length of the Statement of Qualifications (SOQ's) to 25 pages
including the cover letter, title page, table of contents, tables, figures and appendices. Statements
of Qualifications exceeding twenty-five pages will not be considered.
1. Prolacr Un derstan dine Aaproaeb and Scope of Work
Provide a summary of understanding of the project(s) and the approach to completing the
work including the specific work elements normally used in project(s) of these apes.
1. Protect Team: •
Provide 3n organizational chart and resume of key personnel and their specific project
assignments for this work. Resumes should be limited to address experience in projects
similar to ones in this UQ.
3. Schedule:
Provide a preliminary schedule of the work to be performed. Detailed project tasks
breakdowns and the associated schedule is to be provided only in the short list phase. !
4. Related Prolect Fxporl•na, ID
i
Describe at least 3 projects in the past 3 years similar in size and scope to these projects or
that are currently ongoing. Project references are to be provided in the short list phase
including the name, telephone number and fax of the client. The specific responsible project
manager should be identified and should be available to be contacted at the phone numbers
listed. It is important that this be currentl i
E
S. Professional SendcaArreement:
The standard City of Denton Professional Services Agreements are available to be picked up
at the Purcbasing Department at 901•B , Texas Street, Denton, Texas. The articles in these
agreements cover, L Employment U. Scope of Services M. Additional Services IV.
Period of Service V. Compensation VL Observation and Review of the Work VII.
Ownership of Do=erns VIII. Independent Contnaor D{. Indemnity Agreement X
Insurance M. Arbitration and Ahernative Dispute Resohrtion XII. Termination of
Agreement XIII. Responsibility for Claims grid Liabilities M. Notices XV. Entire
Agreement XVL Severability XVII. Corpliance with Laws XVIIL Discrimination
Prohibited XIX Personnel XX Assignability XXI, Modification XXII Mrscellarteous
• •
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Since these contracts generally in line with otba cities re' 'rements, it is preferred that
the contract issues be addressed in the short list phase. Coples will be available to those who
need them before submitting the SOQ.
Statement ofOuallRca6ens Evaluation
!
All SOQ's submitted will be evaluated by the City of Denton to determine the qualifications
of each firm. During the process, the City may request additional information or
clarifications from the firms submitting. Three firms will be selected for a short list in which
oral presentations will be given to the professional staff members of the Cky of Denton. The
City of Denton reserves the right to reject any amd all SOQ's. Submission of an SOQ
indicates acceptance by the Firm of the conditions in the RFQ and allows the City of Denton
to use any ideas in an SOQ regardless of whether that firm is selected.
The Cityrof Denton reserves the sole right to review the SOQ's submitted, waive any
irregulan> es therein and select or reject any or all fines that submitted SOQ s , should it be
determined to be in the best interest of the City of Denton.
The three firms for ach project shall be ranked afterthe oral presentation's. The City staff
will negotiate the scope of work and fee with the most qualified &m if the City staff and the
first choice firm can not reach agreement, the negotiations shall be terminated by obtaining
this firms best and final offer in writing which shall be filed at the Purchasing Department.
City staff sball then begin the process of negotiating the scope of work and fee witb the
second firm. This process will continue until a firm and fee is acceptable to the City. Final
r s ,lection of the firm and approval shall be by the City Council. With the approval of the City
Council, a contract shall be executed.
Statement of Qualification Evaluation Criteriat
Project Experience 30% Financial Stability, 10°/.
And Understanding
Project Team 201/t
Project Schedule and
FUstory of On Time
Completion of Projects 20'A
• References-Last S years _
(1992 to Present) 10'/,
Creativity, Aesthetics,
And community Theme 10IA ti
Statement of Qualificatlosu Submittal Details:
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Four copies of the Statement of Qualification shall be directed to:
Tom Shaw, Purchasing Agent
901-B Texas Street, Municipal Service Center
Denton, TX 76201
These four copies of your Statement of Qualifications must be received at the above address no later
than 2;00 P.M. local time on Tuesday, October 14,1997. All four copies shall be placed in a large
sealed device clearly indicating whether your firm is submitting for the Research Parkway Project
or the EaglelCollins Paving and Drainage Project or both.
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Research Parkway Right-of-Way Dedication Exhibit City of Denton, Texas 9-3-1997
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RFSP # 2110.
ADDENDUM #'2
PROFESSIONAL ENGINEERING SERVICES
E ,
OPENING DATE: OCTOBER 149 1997
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ADDENDUM # 2
TO INCLUDE A REQUEST FOR ENGINEERING SERVICES TO
DESIGN 3,000 FEET OF TWELVE INCH WATER LINE ALONG
RESEARCH PARKWAY,
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EXMBrr "B"
BASIC SERVICES
Part I - General:
A, The Consultant shall prepare, Design Surveying, Plans, Specifications and Estimates in accordance
with the latest editions of the following standards, criteria and guidelines:
ITEM STANDARDS, CRrrERiA, GUIDELIPM
Design City of Denton Standard Details, NTCOO Blue Book,
Denton Amendments to NTCOG Standards, AASHTO
CADD HZI CADD Guidelims
Specifications City of Denton
Cost Estimate HZI Format
Design Quality Asswance HZI Design QC Plan
Pan It - Proiect Scm asa Basic Stmiccs Fee:
A. The Project includes preliminary and final construction plans, specifications, and oost estimates for
the Research Parkway Improvement Project features as outlined in Exhibit "A" and by the Director,
Engineering and Transportation Department, City of Deacon.
L Research Pm ",&,y Paving and Drainagt ImorovemenLt.
Project features:
4 lane urban roadway extending from Woodrow Lane approx. 3000 feet East
Drainage improvements including one major creek crossing
R,O.W, documents will be provided by City at start of Design Phan ($53,000)
2. 12" Waterline along Research Park-way Alignment ($10,370)
• 3. Woodrow Lane Improvements ($5,400)
4. Recommend Channel Crossing Improvements at Spencer Street NON
PART IR- Dexdmion of Mic Servicss:
• A. General Administration • •
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1. Develop Project Schedule, Exhibit E.
A FM Project Schedule shall be completed after receiving the notice-to-proceod for the
project.
2. Meetings
Pre-Design
Schematic Design review
Preliminary Design review
Final Plans, Specification and Estimate review
Public Meetings (2)
B. Project Research
1. Acquire information and data
The City shall provide the Consuhaat available Project data.
2. Physical Inventory
Site Visits
3. Review and Collate CADD Data
Load available CADD drawings and check integrity
4. Acquire existing storm sewer and utility plans and data
Research available storm sewer and utility plan data from the City of Denton and from the
various affected utility companies. `
S. Lhility Coordination
Determine the locations of electric, traffic signals, cables, loop detectors, tekphw, water,
gas or other utilities and how they could affect the inwsection improvements.
Coordinate with NCCCOG, Telephone, TU Electric, Lone Star Gas, TCD Cable aced other
private1public utilities.
6. Coordination with Other Agencies
Identify and coordinate with agencies which may have jurisdiction or review interest
1 C. SchematicDesigaRevkw
1. Prepare a memo documenting comwnnce with the Design Concept provided by the City
or alternative solutioru for each intersWion, traffic analysis, and recommendations. Give
parik:dar attention to R.O.W. alignment to avoid the noodway.
2. Respond to and'or incorporate any review comments on the scikrtwie design received
from the City of Denton, and privaWpublic utility companies. !
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Part DV - Preliminary Design Submittal
A. Prepare Preliminary Construction Plans
Develop paving plans and profiles of Research Parkway and associaW improvements. These
plans shall be completed using english unit. These s1wts will contain existing
topcgraphic information, roadway baselines, pavement edges, pavement contours where
necessary, drainage structures, sidewalks, barriers, and other information necessary for
pavement construction.
Develop miscellaneous row1way details if necessary for driveways, sidewalks, wheelchair
ramps or other paving details. The Consultant will use City of Denton standard sheets
when available. The Consultant shall comply with the ADA when preparing all sidewalk
and other construction details.
Develop typical sections for the pavement construction for each of the intersection
improvements.
Prepare cross sections for each intersection with which to quantify earthwork, if needed. The
cross-section interval will be 50 ft. or less, if necessary, to define significant changes in
cross-section.
Complete the necessary sheet and design for storm water polMon prevention for each of the
intersections, if needed.
Develop storm sewer plans and profiles, as necessary, to replace inlets andlor pipes being
rcmoved due to intersection widening, if needed.
Develop traffic control plans and a construction phasing sequence for each intersection
improvement. }
Develop bridge or culvert layouts and details, if required.
Develop ilium nation pok rclocision layout and details.
Develop water and sewer adjustment layout plans.
Develop pavement marking and signing layout and details, as required for Bach intersection
improvement.
Review City Master Plan to insure improvements are consistent with, and accommodate, !
features ofthat plan (including utility rclocalioms {
B. Specifications
Develop an outline for special specifications.
C. Consultmes Estimate of Probable Cost
Prepare a Consultant's Preliminary Estimate of Probable Cost for the Preliminary Design.
D. Quantity and Summary Tables
. Prepare Preliminary Quantity and Summary Tables.
E. Submit Preliminary Design Documents to the City for review, The Consuhant 343 provide ,
one (1) set of reproducbks; one (l) set as bluelincs or hard copy, and electronic nadirs of the 1
submittal documents.
Review by City of Denton and affected utilities.
• F. Respond to andlor incorporate review comments provided by the City, std private/public • •
utilities.
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Pan V • FirW Plans S ccificklon± a.W E_51;mate lPSdc 9) SubmIIW
A. Develop the plans to a hearty final stage of completiCA incorponag prior review comments
and makin3 appropriate revisions. All quantities shall be computed and summary sheets
finalized.
B. Complete special specifications arsd gerwal notes that will be included with the plans.
C. Develop & Consultam's Estimate of Probable Construction cost for the project.
D. Submit Final PWns, Specifications sod Estimate to the City for review. The Consuhwd shell
provide one (l) set of reproducibles, one (1) set as bhelines or hued copy, and electronic media
of the submittal documents.
E. Respond w or incorporate review comments prepared by the City of Denton. Make fma!
revisions to the plans, quantities, summary sheets and cost estimate, as necessary.
F. Make a final PS&E submission of completed plains, specifications and estvnue. Submittal
shall include the mylar originals, one (1) set of prints and an electronic deliverable of the Plans
in the fomat specitied.
Pan VI - Consontioa Activities
A. The OWNER will aA%rd the constructiom contract and provide contract administration and
managnnent of the project.
B. The Project Manager, Kenneth I Hughes, PE, will periodically visit the OWNER and project
she during construction to monitor progress and insure that the OWNER is satisfied with the
Mj&t's design and services provided by the CONSULTANT.
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EXHIBIT "C^
ADDMONAL SERVICES I .
The following additional services are to be provided by the Coruultant as put of this Contract:
Scope of Services:
1. Field Survey
L Design and Topographic Survey
Gather topographic features needed for design of proposed improvements.
b. Dimension Control
Tie into the City of Denton horizontal and vertical control points. ($8,500)
2. Geotechnical Reports (Suboonsulnnt)
The Consultant will acquire geotechnical investigations and soil reports
for pavement, bridge, and retaining wall design, as necessary. (51,995)
3. Public Involvement (SubwMwt)
L Assist in two public meetings. f
b. Coordinate public information cortceming the Research Parkway
project with City of Denton and local media. ($2,940)
4. Floodplain Analysis Smices
A. Channel X Sections south of Spencer to S00' north of Reseamb Parkway
b. Revise HEC2 model (Assumes using COE hydrology}.
C. Survey and submit CLOMR,
d. Survey and submit IAMR (aAer project completion). (S i 0,000)
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EXHIBIT °D" k
HUITT•ZOLLARS, INC.
BASIS FOR PROFESSIONAL FEES AND CHARGES
Projects indicated to be perfmned on a Mum and Materials' basis will be invoiced monthly using I
actual direct salary cost for the pusons working on the project times a multiplier which is an
overhead factor, including profit The cvrrw year multiplier is 2.32. The general ra-aes of direct
!I
salary cost for various employees are as follows:
Senior Officer, Principal $54.00 to 596.00 .
ArchitoW&gineer VII, VIII, Officer $40.00 to 554.00
ArchitecVEngir ccr 1V, V, VI $30.00 to $40.00
ArchitowEngincer L It Ill 521.00 to 530,00
Designer I through Designer Manager $21.00 to $33.00 .
Tech I through Supervisor S 10.00 to $33.00
CADD I through Supervisor $10.00 to $2!.00
Document Contra Support through Supervisor S 10,00 to 520.00
Clerical, Projea Support $7.0010$28.00
SURVEY CREWS WILL BE INVOICED ON AN HOURLY RATE BASIS:
2 Person Total Station Crew 585.00
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3 Person Crew $100.00
4 Person Crew $1115.00
HOURLY BILLING RATES FOR EXPERT WITNESS SERVICES: I
Testimony $250.00 G
Standby 510000
Preparation 5100.00
REIMBURSABLE EXPENSZS WILL BE INVOICED AS F01 -LOWS:
CADD/Computer CPU $17.~'Obour
Plotter SO. 10/mirwte
In House Blue Prints 50.1515F
In House Photocopies S0.061page
Outside Senices Coat + 5%
• Mileage 50.30Jmile F
FAX (1'rart-m mal) SI.OQ'page l
FAX (Receive) 50.501page
UPDATE OF RATES: I
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This schedule of rates is subject to annual updates at the end of Huitt•Zotlars foal year end.
, of each year. Updated rates shall become effative upon receipt by the Chart • •
31January
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EXHIBJT "E'
PROJECT SCHEDULE
City of Denton
Research Parkway - Paving, Drainage and Utilities
Nov-97
PROJECTED ACTUAL.
ASK DESCRIPTION START FINISH DURATION START FINISH DURATION
Notice to Proceed 18-Dec 19-Dec i
Field Surveying 19-Dec 2-Jan 14
Conceptual Design 2-Jan 16-Jan 14
Review Concept Cil 16-Jan 30-Jan 14
Public Meeting 30-Jan 20-Feb 21 i
Preliminary Design 30-Jan 20-Feb 21
Review Preliminary Design Cit 20-Feb 6-Mar 14
u, Public Meeting 6-Mar 27-Mar 21
Final Design 6-Mar 20-Mar 14
Review Final Design Cit 20-Mar 27-Mar 7
Prepare For Advertisement 27-Mar 17-Apr 21
Advertise 17-Apr "a 21
• Award Contract 8-Ma 17-Jun 40
ConsVWion 17-Jun 16-Sep 91
Final Ins Ilion & Acre lance 16-Se 16-Oct 30
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EXHIBIT "F"
DELIVERABLE PRODUCTS
1, Held survey notes and Vvmd oontroi.
2. Copies of the final Construction Plans for the project on MyW aad in digital format (Autorad).
3. copies of W&Ata, general no", special provisions, and vecw specifications for the pavement
v,ldening and storm dn'vuge im vmneats in the sundud City of Denton format.
4, Record DmwLW foc both cmtruts in Digital foetus and on MYIU.
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Agenda No.
Apsnds Item _
Date - / '
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM
NO. I TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF
STREAM PEC4 STORM DRAINAGE EWPROVEMENT AND RUDDELL STREET BRIDGE
AND CHANNEL IMPROVEMENTS BETWEEN THE CITY AND TEAGUE NALL AND
PERKINS, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE
i
WHEREAS, on July 1, 1997, the City entered into a ProfesdorW Services Agreement for
the design of stream PEC4 storm drainage improvements and Ruddell Strad bridge and channel
improvements with Teague Nall sad Perkins, Inc., hereinafter referred to as "Base Agreement,"
for a not-to-exceed so mmi of $217,647; and
WHEREAS, the City desires to expand the scope of work for the above named consultant
to inchde Alternatives No. 5 and 6 and to inereste the consultant's not-to-exceed figure by
$45,163 to $262,810; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That the City Manager is hereby tutborized to execute Addendum No. 1 to
the Base Agreement between the City and Teague Nall and Peskdas, Ins:. in suMtaatially the foram
of the attacbed Addendum No. 1, which is made a pa. k of this ordinance for all purposes
SECT ION fl. That the City Manager is hereby authorized to expend the funds as set
forth in the attached Addendum No. 1.
SECTION III. That this ordinance shall beco" effective immediately upon iu passage
and gproval.
PASSED AND APPROVED this the day of .19
•
JACK MMLER, MAYOR '
1
ATTFST:
• JENNIFER WALTERS. CITY SECRETARY i •
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROM, CITY ATTORNEY
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DATE: DECEMBER 16, 1997
+
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance €
SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO.
1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF STREAM
PEC4 STORM DRAINAGE IMPROVEMENT AND RUDDELL STREET BRIDGE AND
CHANNEL IMPROVEMENTS BETWEEN THE CITY AND TEAGUE NALL AND
PERKINS, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER #766I6RTOTEAGUE,NALL
do PERKINS, INC.)
11FCOMMENDATION: We recommend this change order #1 be approved in the amount of $45,163.00.
BACKGROUND: The original Professional Serviced Agreement to Teague, Nall'and Perkins, Inc for
enggineering ser ices in the PEC-4 improvements was in the amount of 5217,647.00. The increased amount of
545,163.00 is broken down into tasks of 528,033.00 for the section of Pecan Creek between the confluence and
Sycamore, and $17,130.00 for the section of Pecan Creek between Ruddell and Woodrow. The Citizens
O%ersight Committee has recommended these projects be run together to minimize duplications of work, time
and effect on the area residents.
Per Chapter 252 of the Local Govemment Code Engineering Services are exempt from the bid process.
AFFECTED; Water and Sewer, Drainage Division, Citizen
Oversize Committee, Citizens in t area.
l_
FISCAL IMPACT: CIP funds for 1997.98
Attachments: Addendum #1 to Purchase Order a 76616R to Teague, Nall A Perkins, Inc.
Respectfully submitted:
i
'4% at u e
Assists Manager of Finance
• Approved: I ,
Name: om aw,
Title: Purchasing Agent ~ ~ •
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44
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CITY COUNCIL REPORT
DATE: December 1, 1997
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: An ordinance authorising the City Manager to execute addendum No. 1 to
the Professional Senices Agreement for the design of Stream PEC 4
Storm Drainage Improvement and Ruddell Street Bridge and Channel
Improvements between the City and Teague Nall and Perkins, Inc.;
authorizing the expenditure of funds therefor, and providing an effective
date,
RECOMMENDATiON:
Approval of addendum to existing contract (Ordinance 97.191)
'KGROUND:
The Cit' ms Oversight Committee, chaired by Joe Mulroy, recommended that
improvements between Woodrow and Sycamore be designed and constructed with the
PEC-4 Improvements (approved by City Council Ordinance #91.191). Staff feels that
this engineering work will provide economies of scale for the entire project and allow
coordination of the work to minimize the time and effect on area residents. The project
will function more cohesively since it will be designed and constructed together.
PROGMMS DEPARTMENTS OR GRO Z AFFECTED:
i
Local residents, Engineering & Transportation, Street Drainage (Highway Water E
Response Team), and Citizens Oversight Committee t
i
FISCAL IMPACT:
The original contract was $217,647. These improvements will increase this amount by
545,163 for a total amended contract amount of 5262,810.
RESPECT] SUBMITTED:
•
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Rick
Deputy City Manager
Prepared by: V r
Je ark, for
En ' ring Transportation
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December 16,1997, City Council Meeting,
Dote: 17!1197
To: Ride Svdk Deputy City Manager
tenons Jerry Clark, Dinedor of Evowernrg and Tr rmortz6on
RE' ProfatiorW Saviors Cootrw Addendum with Tague,Nap, and Perkins for PECK
and Pecan Crack
This oontracx addedmn wui aliow the is provernents to Pecan Creek bd%ven Woodrow end
Sycamore to be designed and constructed with the PEC 4 Improvements. The origirvl
oor> w with Teague, NO and Perkins as approved in Or&nmw #97.191 is $217,647. The
new WW would be for $262, 810 which is an incase of $45,163. That total is broken doom
into tasks of 528,(133 for the Section of Pecan Credo between the con8 MW and Sycamore
and 517,130 for the Section of Pecan Credo between Rsdddl and Woodrow.
These i nprovenrrerts we fimded in the t ApM Improvement Progm as per the attactned sheet %
£-om that doannem Staff feels that your positive recommendation of these funds for this
argineaing work will provide economies of seek for the entire project and aklow coor&v6on ;
ofthe work to nu*rrimiam the time and effect on are reiderts. The project wdl 5metioe more
cohesively s4we it will be designed sired constructed together. The CW=u Oversight
Committee d aired by Joe Mulroy has rocart>roended this holistic Wouh to sddrcaaing the
&w W improvernegs to Pow Crack and Pecan Creek Tributary 4(PFC ) Staff
recommends the addendum be approved.
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STATE OF TEXAS §
COUNTY OF DENTON §
ADDENDUM NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT FOR THE DESIGN OF STREAM PEC4 STORM
DRAINAGE IMPROVEMENTS AND RUDDELL STREET BRIDGE AND
CHANNEL IMPROVEMENTS BETWEEN THE CITY OF DENTON
AND TEAGUE NALL AND PERKINS, INC.
DATED JULY 19 1"?
This Addendum No. I to that Professional Services Agreement for the design of stream
PEC-4 storm drainage improvements (Pecan Creels to P&P Railroad) and Ruddell Street bridge
and channel improvements (Ruddell Street to Stream PEC-4) between the City of Denton, a
Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton,
Denton County, Texas 76201 (hereinafter sometimes referred to as "Owner") and Teague Nall
and Perkins, Inc., with its corlwale office at 915 Florence Street, Font Worth, Tarrant County,
Texas 76102 (hereinafter sometimes referred to as "Consultant'), acting herein by and through
their duly authorized representatives, hereinafter referred to as "Base Agreement."
ARTICLE 1.
That Section B of Article ❑ "Scope of Services" of the Base Agreement is hereby
amended by adding the following additional engineering services for the following elements of
the project:
I. Preparation of construction plans and project speciGcations/contmct documents for Pecan
Creek between Stream PEC4 and Sycamore Street including a study to consider the removal
of the Sycamore Street bridge at Pecan Creek, and preparation of a LOMB for this portion of
Pecan Creek after construction is completed. Based on the Sycamore bridge study,
demolition and utility relocation plans may be added to the scope of work by a later
Addendum.
• 2. Preparation of limited construction plans (Owner to construct) for eartim channel
improvements on Pecan Creek from Woodrow Labe to Ruddell Street. Pleas are to consist of
representative cross-sections, plan layout sheets, and exhibits for COE 404 Permit r
preparation, and erosion control plans. Provide "as-built" cross-sections after construction
by the Owner, and prepare a LOMB for this portion of Pecan Creek.
ARTICLE Il. -
• s e
That Article V "Compensation; subsection B "Billing and Payment" of the But
Agreement is hereby amended by adding the following fees to the Consultant's not-to-exceed
figure:
The following additional lump sum fees are based on the above scope of work
descriptions as indicated in B of Article 11 of the Base Agreement:
_
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ALTERNATE NO. S - PECAN CREEK (STREAM PF.C4 TO SYCAMORE, STREET)
CorWxdclion Plans, Specifications, and Contract Documents S15,623
(includes Sycamore Bridge closing feasibility study)
Topographic Survey for Design 7,960
Letter of Map Revision (LOMR) 4.450
Subtotal Engineering Services Fee (Alternate No. S) $28,033
ALTERNATE NO.6 - PECAN CREEK (WOODROW DRIVE TO RUDDELL STREET)
Construction Plans S 3,360
(Representative Cross-Sections, Plan layouts, and Exhibits) 3,160
Topographic Stuvey for Design (Representative Cross-SactIons) 2'~
Erosion Control Plans 7.950
Letter of Map Revision (LOMB)
Subtotal Engineering Services Fee (Altems+e No. 6) $17,130
Total Additional Engineering Services Fee S45,163
That the total of the additional fees for the above-mentioned Alternatives 5 and 6 shall
increase the not-to-exceed figure of $217,647 by $45,163, so that the not-to-exceed figure shall
now be 5262,810.
ARTICLE III,
That save and except as amended hereby, the remaining sections, subsections, sentences,
and phrases of the Base Agreement shall remain in full force and effect.
EXECUTED in three counterparts (each of which is an original) on behalf of Consultant
by its Vice President shown below, and on behalf of Owner by its 1iCity 7 Manager as duly
authorized by its City Council this day of
CONSULTANT:
OWNER:
CITY OF DENTON, TEXAS TEAGUE NALL AND PERKINS,INC. y
BY: BY:
Ted Benavides, City Manager J. Richard Perkins, P.E., Vice President
S
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ATTEST: ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY-
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
1
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Actnda No
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ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE PURCHASE OF XEROX
4030 HIGH SPEED LASER PRINTER FROM THE STATE OF TEXAS GENERAL SERVICES
COMMISSION CONTRACT AND WTERLOCAL COOPERATIVE PURCHASING
AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PRO-
VIDING FOR AN EFFECTIVE DATE (PURCHASE ORDER q 81929 -XEROX CORP. IN THE
AMOUNT OF 537,977.00).
WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Savices
Commission has solicited, received and tabulated competitive bids for the purchase of necessary
materials, oquipment, supplies or services in accordance with the procedures of state law on behalf
of the City of Denton; and
t'
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies or services can be purchased by the City
through the General Services Commission programs at less cost than the City would expend if
bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following nunbered purchase order for
materials, equipment, supplies, or services, shown in the "Purch-se Orders" attached hereto, are
hereby accepted and approved as being the lowest responsible bids for such items:
PURCHASE
ORDE VEN AMOUNT
•
81929 XEROX $37,977.00
SECTION Il. That by the acceptance and approval of the above numbered items set forth
• in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the ♦ •
General Services Commission for such items and agrees to purchase the materials, equipment,
supplies or services in accordance with the terms, conditions, specifications, standards, quantities
and for the specified sums contained in the bid docrrnerrts and related documents filed with the
General Services Commission and the purchase orders issued by the City.
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SECTION III. That should the City and persons submitting approved and accepted items set 1
forth in the attached purchase orders wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the General Services Ccatnission, 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 terns, conditions, specifications
and standards contained in the Proposal submitted to the General Services Commission, quantities
and specified sums contained in the City's purchase orders, and related documcnts herein approved
and accepted.
SECTION 1V. That by the acceptance and approval of the above numberW items set forth
in the attached purchase orders, the City Council hereby authorizes the expenditure of furls therefor
in the amount and in accordance with the approved purchase orders or pursuant to a written contract
made pursuant thereto as authorized herein,
SFCTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of .1997.
i
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: r
HERBERT L. PROUTY, CITY ATTORNEY t
BY:
STATE, ORDINANCE
2
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DATE: DECEMBER 16, 1997
CITY COIfNC L. REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of finance
SUBJECT: AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE PURCHASE OF
XEROX 4050 HIGH SPEED LASER PRINTER FROM THE STATE OF TEXAS
GENERAL SERVICES COMMISSION CONTRACT AND IN'TERLOCAL
COOPERATIVE PURCHASING AGREEMENT; PROVIDING FOR THE }
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE (PURCHASE ORDER # 81929 -XEROX CORP. IN THE AMOUNT OF
S37,977.00). !
V Y: We recommend this purt:hase order to Xerox Corp. in the amount of S37,977.00 be '
approve I
fipg This purchase order is for twelve months lease and maintenance payments for the lease
o a erox 4050 Laser Printer for use by the Information Services Department. This printer will work along
with the existing printer and expedite report generation and serve as a back up in the event the existing printer
is inoperable.
This painter is being leased using the State of T':xas General Services Commission bid pricing with which the
city has a standing interlocal agreement to insure the bidding requirements have been followed.
ti 1.1 AFFECTED; Information Services Department and othcr j
departments o t e ity serve y nCormation Services.
FISCAL IMPACT: Budgeted funds for equipment rental for 1998 account # 100-044-0080-8509 Air Icase
an account # I - 4-0080-8341 for maintenance.
Attachment: Purchase Order # 81929 - Xerox Corp.
Respectfully submitted,
ao f
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Assistan i anagerofFinance i
Prepared by r
• amt om Shaw, • 0
Title: Purchasing Agent
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PLWW"SE ORDER NO: 81929 T IS A
TNs MM W mutt WPaar cm A ~ORM ~ ' f1~R
kwmcat do4vorF asps, ca"t OF MAIRI(Eq
cm. bown P&AN slops " bML DO NOT DUPLICATE
Ray Na Bid Nd: Ode. 12-4-97 Papa Nu. Ol
CITY
TEXA
PUACKA,SJW OfV S4N 1 90~ 1 -9 TEXAS S~f I DMO (SEXAS 76201-4354
817/383-7100 D*W METRO 8170207-0042 FAA 817082-4892
VENDOR
NAME/ XXIM CORP. OQMVERY I1e1>f "TIDE S EMCM
ADDRESS 220 R. LAS CMI1018 BLVD ADDRESS 601 3 Klan na 8T.
IRVIBG, Tz 75039 sum A
DQR71+ o TX 76205
VENDOR NO. X003 DELIVERY GMTED 22-30-97 FORS DaTIOMCM KM Do TV"
001 12, RIO VEMM CAT. i A / A MG wis 1,934.75 23,217.00
CITir 1 94616
LRASE POBCISIM 00 laROR 4050 LAM PRIBTU
002 12 140 voom CAT. i 11 / A MG ghm 1,230.00 14,760.00
CITtf i 93927
KAIRTRINMCE CHU= (1 s 5 COVRR71Gt) Di 1IMM 4050 LAM IMMM
PhGIII T Ms 37,900.00
GWM TOM$ 37,977.00 4
•
OZ 100 044 0080 8109 23,917.00
02 100 044 0080 6341 14,760.00
YINDOR 1 TirW4 - Nit 10 r••" ~•a••1
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! wq w 11AecSsuL+a PM1s I r pleas boat McK= 3L
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CITY OF DENTON, TEXAS
• E
M E M O R A N D U M
DATE: December 4, 1997
TO: Tom Shaw, Purchasing Agent
FROM: Kristin Newman, Acting Director of Information Services
RE: Xerox 4050 Laser Printer
D
The bezlefits of leasing a Xerox 4050 Laser Printer in 1997 is the monetary savings it
would offer:
A. S10,000.00 discount on lease
B. Plus S1,230 for one month maintenance
C. Pius approximately 5680.00 for clicks charge
i
This would be a total of $11,9)0.00 savings,
Due to possible increases as of January l of up to 15%, the printer could possibly go
from $69,830 up to $80,300. That would mean an additional :
I
A. $10,470 in the lease
• B. The SI0,000 discount is void
C. $1,230 for one month maintenance charge is void i
D. $632 for I month click charge is void '
This will make the total increase jump to S22,386.00 if leased in 1998.
• Another benefit of leasing a Xerox 4050 Laser Printer is the ability to alleviate any • i
printing down time. This could possibly d.-crease any labor overtime, because of a
printer break-do vn. This could also create a better customer service relationship with
users and keep reports always available to print.
'0.vfrcur; Jro Qualm .4n~:r'
V.
•
•
_ I
Age,de No.~C17--0~0
Agenda Ite/m4_12
CITY COUNCIL REPORT oale~
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Howard Martin, Assistant City Manager for Utilities
DATE: DECEMBER 16, 1997
SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT FOR SERVICES
RELATING TO THE DENTON MUNICIPAL ELECTRIC UTILITY,
BETWEEN THE CITY OF DENTON AND LUNDY AND ASSOCIATES;
AUTHORIZING THE EXPENDITURE OF FUNDS FOR ADVICE
RELATED TO CHANGING THE CULTURE AND ORGANIZATION OF
THE, ELECTRIC UTILITY.
RECOMMENDATION:
The Public Utilities Board and utility staff recommends approval of Mr. James Lundy as
an organizational consultant for use by the Electric Utility In its efforts to change its
culture to a team orientated, participative environment.
BACKGROUND:
At the request of the Electric Utility Director, Mr. James Lundy has performed an
operations practices analysis involving the entire Electric Utility and the Purchasing and
Customer Sen lee areas of General Government. He also presented two full day seminars
on teamwork to the supervision of these groups. Mr. Lundy was chosen for this assignment
because of the Electric Utility Director's previous very successful experience with his work,
his practical work experience, his academic credentials, his location (Wichita Falls, Texas),
his work ethic and his tow cost for a consultant with his credentials. The cost of this Initial
assignment was S16,667-152.
As a result of the initial work done by Mr. Lundy, progress Is beginning on the
development of cross-functional teams, which are working on process Impruvement and
cost reduction ideas. However, the need for additional professional guidance for a i
reorganbation at the Spencer Plant, which will make Jim Thane availabk to coordinate
internal activities related to resource planning and the ongoing generation RFP process,
combined with the need for occasional expert consultation and support for the ongoing
' cultural change and goal setting process, requires (bat the Electric Utility contract for
• additional support from Mr. Lundy. The attached contract will authorize the use of Mr. • •
Lundy for these purposes.
t
!2
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Electric Utility
FISCAL IMPACT:
Maximum of S20,000.
Respectfully Submitted:
HoWard Martin, it ity Manager for Utilities
Prepared BY.
Sharon Mays, Eledrk U ity Dimtor `
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1 i. r,t•. ,ice, l''~.1:I~r` v s e` w s,. KfSi I~, ywt +1.'I D'7
•
•
I
JAMES L. LUNDY, PH,D,
Jim Lundy is an experienced former CEO who can serve chairmen, presidents, entre-
preneurs, and their associates in the pursuit of perfonTnance enhancemnt and
results-oriented managercnt. Having advanced degrees in engineering and business,
and with experience in such diverse functions as engineering, marketing, control,
personnel, and general mw%&geaent, he is ideally positioned to guide and consult
in the integration of key functional specialists for optimal team) results. Multi-
plant operations? High technology? Rapid growth? Start-up situations? He's been
there. When appropriate, he can serve as a personal confidant or souAing board,
particularly regarding delicate setters involving recruiting selecting and
retention of outstanding people. He also can serve as an upper- anaganent
"ombudaran", or cocmtanications catalyst.
OtIM-67 ftICM.TGM
Perfor>zetoe System, Inc. (Consultative services): Fouler and President (since
1979)
Photo Systems, Inc. (Photographic Products and services): Founder, President, and
CEO (4 years)
P45 Industries (High techology holding ca7pany): Vp Acquisitions (5 years)
Executive Vice President, Photo Group (2 years)
Xerox Corporation (office Products): For its University Microfilms subsidiary:
President and CEO (2 years), Executive VP and CDC (1 year), VP Marketing (1
year). Previously on corporate staff as Director of Managarent and Personnel
Developmet, and before that as Manager of Sales Personnel Development.
Prior Ehployment: Photostat Corp, as Manager, Sales Administration and Control;
Josten's as Assist. Controller; University of Minnesota as Assist. Professor.
C CKSJLT I IR7
Clients have included companies ranging from small proprietorships to IBM, Frito-
Lay, Hewlett-Packard, Unisys, Bekins Van Lines and General Dynamics,
ZEUCATI[?t
Ph.D. University of Minnesota (Business Administration)
K.S. University of Minnesota (Industrial Engineering)
B.S. Northwestern University (Mechanical Engineering)
Author of Effective Ind nstrial Manaae,rsnt (Macmillan, 1967)
Author of Lead. Follow or Get Out of the Nay (Avant Books, 1986)
Author of TEARS: Tooether Each Achill-! More Success (Dartnel1, 1992)
Ford Foundation Fellow, University of Minnesota
• Murphy Scholar, Northwestern University • •
Athletic Scholarship, Canal Zone College
Advisory Committee, Executive Program for Scientists and Engineers (UCSD)
Faculty mTrber, Executive Program for Scientists and Engineers (UCSD)
Forrer president of numerous social and civic organitatians
JAMES L. LUNDY AND ASSOCIATES, toI wows Avt;fur, 8utT1 rs4, h1 RTA FALLS, Tx 74301.117.72&360
3
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1 ,
ORDINANCE NO.
r-
I
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING '
TO THE DENTON MUNICIPAL ELECTRIC UTILITY, BETWEEN THE CITY OF DENTON
AND LUNDY AND ASSOCIATES; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to execute the Second
Professional Services Agreement for Consulting Services Relating to the Denton Municipal
Electric Utility, between the City of Denton and Lundy and Associates, a copy of which is
attached hereto and incorporated herein, along with any task orders and other documents
necessary to the performance of the second agreement.
SECTION II. That the expenditure of fiords as provided in the attached agroerrmt is
hereby authorized
SF:CTIQN IL►• That this ordinance shalt become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of _ 1497
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
•
APPROVED AS TO LEGAL FORM: ✓
HERBERT L. PROM, CITY ATTORNEY I
• BY:•i~~i `.t _ • •
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SECOND PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES RELATING TO
THE DENTON MUNICIPAL ELECTRIC UTILITY
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into as of the day of 1997,
by and between the City of Denton, a Texas Municipal Corporation, with its principal office at 215
E. McKinney Street, Denton, Denton County, Texas 76201 ("CITY") and lames L. Lundy and
Associates, with its principal office at 901 Indiana Avenue, Suite 250, Wichita Falls, Wichita
County, Texas 76301; hereinafter called ("LUNDY"); acting herein by and through their duly
authorized representatives.
WHEREAS, on the 13" day of August, 1997, the CITY and LUNDY entered into a
Professional Services Agreement For Consulting Services relating to the Denton Municipal Electric
Utility. LUNDY has performed the professional services for the CITY pursuant to that first
agreement described as items one through six, inclusive, as more particularly set forth in that t
agreement. On the day of 1997, the CITY and LUNDY executed a
further attachment pertaining to the August 13, 1997 agreement which provided for changes in the
scope ofwork respecting items three, five, and sir of the agreement. The CITY has determined that [
it would be necessary and advisable to obtain two types of further continuing consultant assistance k
from LUNDY in order to improve the Denton Municipal Electric Utilities' operating effectiveness i
and efficiency. Accordingly, the CITY and LUNDY desire to enter into this socond agreement, f
providing for further professional services to be performed by LUNDY as are more particularly set If
forth below in Article lI hereof
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
CITY and LUNDY do hereby AGREE as follows: !
ARTICLE I
EMPLOYMENT OF CONSULTANT
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The CITY hereby contracts with LUNDY, as an independent contractor, and LUNDY hereby - '
agrees to perform the services herein in connection with the Project as slated in the Articles to
follow, with diligence and in accordance with the highest professional standards customarily j
obtained for such services in the State of Texas. The professional services set out herein art in
• connection with the following described project: • •
The Project shall include without limitation; Consulting services to provide information and
guidance to the CITY, which will assist tre CITY in positioning its Electric Utility, in context with
the CITY's general government, to most effectively and efficiently contribute to the succemfW
pursuit of the mission statement of the City's Utility Department.
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ARTICLE 11
SCOPE OF SERVICES
LUNDY shall perform the following services in a professional manner:
A. To provide coaching, counseling, andlor guidance to selected key CITY managerial
individuals respecting processes for.
I . The delegation of operating goals and the tracking of results;
2. Interdepartmental communications, coordination and cooperation;
3. The development or enhancement of a spirit of dedication to continual operations
improvement
B, To provide, in concert with the City Manager, Executive Director of Utilities and the Director
of Electric Utilities, guidance and.'or assistance in the continuation, expansion and potential
enhancement of the successful processrmprovement activities which they have initiated, and
which are currently under way.
ARTICLE III
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the CITY and LUNDY of this
Agreement and upon issuance of a notice to proceed by the CITY and shall remain in force for the
period which may reasonably be required for the completion of the Project, and any required
extensions approved by the CITY. -This Agreement maybe sooner terminated in accordance with
the provisions hereof Time is of the essence in this Agreement. LUNDY shall make all
reasonable efTorts to complete the services set forth herein as expeditiously as possible and to med
the schedule established by the CITY, acting through its City Manager, its Director of Electric
Utilities, or by the City Managees designee. I'
ARTICLE IV f
COMPENSATION
A. COMPENSATION TERMS:
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"Direct Non-Labor Expense" is defined as that expense for any assignrrrent incurred by
LUNDY for supplies, transportation, travel, comrnurdeations, subsistence and lodging away
from home and similar incidental expenses reasonably incurred in connection with that
assignment r
• B. BILLING AND PAYMENT: •
L For and in consideration of the professional services to be perforrned by LUNDY
herein, the CITY agrees to pay LUNDY, a total fee, including reimbwurrteat for direct non-
labor expense not to exceed Twenty Thousand Dollars and No/100 (S20,000).
Lundy Second Profe•-jioaal Services Agreement- Page 2
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2. The fee for the services described in this Agreement to be performed by LUNDY are to
be billed the rate of S175.00 per hour, or $1,200.00 per eight hour day. The parties agree thin
in no event shall LUNDY's direct non-labor expenses exceed ten (10%) percent of the
amounts billed to the CRY for professional services.
3. Partial payments to LUNDY will be made by the CITY on the basis of detarled v
monthly statements rendered to and approved by the CITY through its City Manager or his
designee. However, under no circumstances shall any monthly statement for services exceed
the value of the work performed at the time a statement is rendered. The CITY may withhold
the final 5% of the contract amount until completion of the Project.
4. Nothing contained in this Article shall require the CITY to pay for any work which is
unsatisfactory as reasonably determined by the City Manager or his designee, or which is not
submitted in compliance with the terms of this Agreement. The City shall not be required to
make any payments to LUNDY when LUNDY is in default under this Agreement. !
5. It is specifically understood and agreed that LUNDY shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments by
the CITY for any charge, expense or reimbursement above the maximum not-to-exceed fee
as stated, without first having obtained written aut}arization from the CITY.
C. PAYMENT
If the CITY fails to make payments due LUNDY for services and expenses within sixty (60)
days after receipt of LUNDY S undisputed statement thereof, the amounts due LUNDY will
be increased by the rate of one percent (1%) per month from the said sixtieth (60th) day, and
in addition, LUNDY may, after giving seven (7) days' written rw:ice to the CITY, suspend
services under this Agreement until LUNDY has been paid in full all amounts due for
services, expenses and charges provided. However, nothing herein shall require the CITY to
pay the We charge of one percent (I%) set forth herein if the CITY reasonably determim
that the work of LUNDY is unsatisfactory, in accordance with this Article TV, Compensation.
ARTICLE V
• OBSERVATION AND REVIEW OF THE WORK
LUNDY will exercise reasonable care and due diligence in discovering and promptly
reporting to the CITY any defects or deficiencies in his wort or the work of any subconau iii
performed hereunder.
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L+m4 Second Professional Se" to Agreement -Page 3
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ARTICLE
OIYNERSFIIP OF DOCUMENTS
All documents prepared or furnishod by LUNDY (or LUNDYs subconsultants) pursuant to
this Agreement, are instruments of service and shall become the prvpeny of the CITY upon the
termination of this Agreement LUNDY is entitled to retain copies of all such documents. The
documents prepared and furnished by LUNDY are intended only to be applicable to this Project and
CITY'S use of these documents in other projects shall be at CITY'S sole risk and expense. In the
event the CITY uses the Agreement in another project or for other purposes than specified herein any
of the information or materials developed pursuant to this agreement, LUNDY is released from any
and all liability relating to its use in that project.
ARTICLE Vll
INDEPENDENT CONTRACTOR
LUNDY shall provide services to the CITY as an independent contractor, not as an employee
of the CITY. LUNDY shall not have or claim any right arising from employee status.
ARTICLE %JI
INDEMNITY AGREEMENT
LUNDY shall indemnify and save and hold harmless the CRY and its officers, agents, and
employees from and against any and all liability, claims, demands, damages, locus and racpemes,
including but not limited to court costs and reasonable attoraeyrs fees incurred by the CITY, and
including without limitation, damages fof bodily end pew injury, death and property damage,
resulting from the negligent ass or omissions of LUNDY or any subconmsuhants, in perfortmanoe of
this Agreement
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, canse of action or litigation filed by anyone not a party to this Agreement,
including the defense of govermertal immunity, which defuses are hereby expressly resavad.
ARTICLE IX
INSURANCE
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During the performance of the Saw" undo this Agreement, LUNDY shall m"ftin the !
following inarancs with an inwrance company licensed to do busirim in the State of Texas by the
State Irtauance Commission or any successor agency that has a rating with Best Rate Camas of at
least an "A-" or above:
• A. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each • •
person and not less than $500,000 for each accident and with property damage limits for not
less than 5100,000 for each accident
Lundy Second Pmfew;wW Seniors Aareeneat - Pane 4
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B. LUNDY shall furnish insurance certificates or insurance policies at the CITY's request to
evidence such coverages. The insurance policies shall name the CITY as an additional
insured on all such policies to the intent legally possible, and shall contain a provision that
such insurance shall not be canceled or modified without 30 days prior written notice to
CITY and LUN'DY. In such event, the LUNDY shall, prior to the etkctive date of the
change or cancellation, deliver substitute policies famishing the same coverage to the CITY.
ARTICLE X
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties agree to settle any disputes under this Agreement by submitting the dispute to
arbitration or other nxmns of alternate dispute resolution such as mediation. No arbitration or
allemate dispute resolution arising out of or relating to, this Agreement involving one parWs
disagreement may include the ether party to the disagreement without the other's approval.
ARTICLE XI
TERbtNATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by giving thirty (30) days advance written notice of termination to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
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substantially failing to fulfill its obligations under this Agreement No such termination will
be effecled unless the other party is given: (1) written notice (delivered by certified nail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the i
nonperformance, and not less than ten (10) business days in whkh to cure the failure; and (2)
an opportunity for consultation with the terminating party prior to termination.
C_ If this Agreement is terminated prior to completion of the services to be provided hereunder,
LUNDY shall immediately cease all services and shall render a final bill for services to the
CITY within 30 days after the date of termination. The CITY shall pay LUNDY for all
services properly rendered and satisfactorily performed and for reimbursable expenses so
terminatim incurred prior to the date of termination in accordance with Article N,
Compensation. Should the CITY subsequently contract with a new consultant for the
continuation of services on the Project, LUNDY stall cooperate in providing information
LUNDY shall tum over all documents prepared or furnished by LUNDY pursuant t) this
Agreement to the CITY on or before the date of termination, but may maintain copies of such
documents fix its use.
ARTICLE )W • •
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the CITY shall toot constitute nor be deemed a release of the responsibility and
liability of LUNDY, or any subw suhats of LUNDY, for the accuracy and competency of than
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design or other work; nor shall such approval be deemed to be an assumption of such
responsibility by the CITY for any defect in the design or other work prepared by LUNDY, or any
subconsultant of LUNDY.
ARTICLE X[H
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered or mailod to the respective parties by depositing same in the United States mail
at the address shown below, certified mail, return receipt requestod unless otherwise specified
herein. Mailed notices shall be sent to the parties at the following addresses:
To LUNDY: To CITY:
James L. Lundy & Associates City of Denton
ATTN: James L. Lundy ATTN: Tad 13enavides. City Manager
901 Indiana Ave., Suite 250 215 E. McKinney
Wichita Falls, Texas 76301 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is given
or within three days after the date of mailing.
ARTICLE XIV 1
EN'IM AGREEMENT
This Agreement consisting of Nine (9) pages constitutes the complete and final expression of
the agreement of the parties and is intended as a complete and exclusive statement of the terms of
their agreements and urpersedes all prior contemporaneous offers, praruses, representations,
negotiations, discussions, communications and agreements which may have been made in
connection with the subject matter hereof.
ARTICLE XV
SEVERASILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdi tim to
• be invalid or unenforceable, it skull be considered severable from the remainder of this Agrtmreot
slrall not curse the remainder to be invalid or unenforceable. In Pxh event, the party stall reform
this Agreement to replace such stricken provision with a valid and enforceable provision vAkh
comes as close as possible to expressing the iakntion of the stricken provision.
ARTICLE XVI
• COMPLIANCE WTM LAWS • •
LUNDY shall comply with all federal, state, local laws, rules, regulations, and whri mm
applicable to the worst covered hereunder as they may now read or herebafier be amended
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ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the smites requited beteunder, LUNDY shall not discr+m+ a against any
person on the basis of race, color, religion, sex, natiorul origin or ancestry, W. or physical
handicap.
ARTICLE XVM
PERSONNEL
A LUNDY represents that he has secured. or will secure at his own expaue any additiorul
personnel required to perform all the services required under this Agrestttau. Such persorarel
shall be utbconathants of LIJNDY, and shall rot be employees or officers of, we have any
contrac W relations with the CITY. LUNDY shall inf the CITY of any conflict of
interest or poten tW conflict of interest that may mist during the term of this Agreement.
B. All smites required hereunder will be performed by LUWY or under his supenisioa All
personnel engaged in work shall be qualified and dull be authorized and permitted under
slue and local laws to perform such sm-ices.
ARTICLE XIX
ASSIGNABILITY
LUNDY shall not assign any interest in this Agreement and $hall not transfer any interest in
this Agreement (whether by assigrm o, ttm-ation or otherwise) without the prior written corsseW of
the CITY.
ARTICLE XX
MODIFICATION
No waiver or modification of this Agreement or of any cownanl, condition, [imitation Itaeein
contained shall be valid unless in wTiting and duly executed by the party to be charged tbav%ith
and no evidence of any waiver or modification shall be ofkrcd or rwd%vd in nTdence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the tights or
• obligations of the parties hereunder, and unless such waiver or modification is in writin& duly
exmtted, and, the parties further agree that the pmisions of this section will not be *2ned uWm i ~
as herein set forth
ARTICLE XVI
MISCELLANEOUS
A- LUNDY agrees that CRY shall, until the expiruioe of three (3) yens &Am the find paytttral
under this Agreement, hinv access io and the right to examine any directly peartrrfeseI boots,
dwuments, peepers and . ocords of LUNDY imohing trumcdoes relating to this AgreemeaL
LUNDY agrees that the CITY sbdl have access during normal workmg berms to all
Lundy Secmd Prolc=iwW Saris Apxmetr - here
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necessary LUNDY facilities and shall be proridod adequate and appropriate uvrivng space in
order to conduct audits in comphaace with this section. The CITY " give LUNDY
reasonable a6ince notice of any intended audits.
B. Venue of any suit or awe of action under this Agreement shall He exclusively in Desrtam
County, Texas. This Agreenwat OW I be governed by, and cosuued in accordance w nh the
laws of the State of Texas.
C. For the purpose of this Agamert, the key person who wiU perform most of the wort
bereunder :ball be lames L Lundy. Hownw, nothing herein shall limit LUNDY from
using other qualified and oompeknt members of his firm to perform the senices required
heron
D. LUNDY shall commence, carry txn, and complete this Project with a0 appBeabk dispatch, in
a sound. eeooomical, efficient manner and in accordance with the proiisions hereoL in
acton lis}ung the Project, LUNDY shall take such steps as we appropriate to ensure that the
work tnvoived ns property coordinated writ related wort being carried on by the CITY.
E. The CITY shall assist LUNDY by placing at LUYDrs disposal all available information
pertioeol to the Project, wch4ng pre►vus reports. any other data relative to the project and
arranging for the access to, and make all provisions for LUNDY to enter in or uporn, public
and private property as required for LUNDY to perform services under Its Agreement.
F. The apwrs of this Agreement we foe inkcma oW purposes only and :ball mot in any way
allrect the substantive tams or cox5tians of this Jgronmerrt. }
IN WITNESS WHEREOF, the City of Denton, Texas has cawed this Agreement to be
e%"eld in duPbcste original counterparts, by its duly aphorized City Manage; and LUNDY has
executed this Agreement by ¢ts duly aphorized undersigned (mw and proprietor at this the
day of .1997.
•LrTY„
CITY OF DENTON, TEXAS
A Municipal Corporation
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BY:
Ted Beowidea, City MNMN
Lady Soto" Pm(easkad So% A&reea o - Peke S
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ATTEST:
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JENNUER WALTERS, CrrY SECRETARY
By.
APPROVED AS TO LEGAL FORM:
HERBERT L PROM. CH Y ATTORNEY
By.
•LUNDr
Jaanes L. Lundy do Associates
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N me: Jaeta L Lundy
Tnk- Proprietor
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LOWY Saved heferi=W Savom ApvMM - hp
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ATTACHMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
LUNDY AND ASSOCIATES
AND
THE CITY OF DENTON, TEXAS
Task Order B
Reference is made to the Professional Services Agreement For Consulting Services Relating To
The Denton Municipal Electric Utility (DMEU) and Lundy and Associates (Lundy) dated
August 13, 1997. Lundy has performed professional services in conformance with this
agreement and has been requested during the performance of these services and in anticipation of
the fuvat needs of DMEU to expand the smites offered as noted below.
MODIFICATIONS TO PROJECT SCOPE
Reference is made specifically to Appendix A attached to and made a part of the August 13,1997
agreement.
Item 3 The original scope of smites c-Ilea. for interviews of up to forty people to be
designated by DMEU. However, vt the request of DMEU, eight additional people
were intervim ed by Lundy.
Item 5 The original scope of smites provided for one ail-dry workshop on team and
operations effectiveness. Because of the nature of DMEU's operations, a second
session has been requested by DMEU so that ordy one-half of the supervisors and
managers of DMEU Rill be removed from its operations at any given time.
Item 6 The original scope of smites provided for up to six hours of meetings for
presentation of the operations practices survey relim This item's allocated time
was needed for meetings on September 25, 1997. At least one more meeting has
been requested by DMEU.
BUDGET
• DMEU's costs to date include $10,650.00 in smites and $810.07 in expenses as outlined in the
itemized invoice of Lundy dated September 30, 1997. The invoice total of $11,460.07 plus
$175.00 for not yet billed October 1997 services and 5532.45 October experism plus the $2,400
for the forthcoming October 17, 1997 workshop (pa Item S) totals SI4,567.52. In spite of the r
expanded scope of item three (a 20% increase in the m+mber of intervicwees~ the toW incurred
and committed cost for DMEU is only approximately two percent above the original coat
estimate of $14,250.00.
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Budget approval has been requested by DMEU to provide for the following services:
✓ An additional one all day wodcshop (per item b) to be billed at $1,890 (rather than 52,400)
for the second session
✓ Reimbursement of additional out-of-pocket expenses associated with rendering the above
consulting services should not exceed $300.00 through March 1998.
✓ As with the previous budget, these cast estimates are based upon Lundy's understanding with
DMEU regarding the anticipated scope of additiorid worlr- Mutually agreed upon '
expansions or contractions of the scope of the anticipated deliverables will be expected to
result in related increases or decreases in Lundy's billings.
Total professional fees and expenses purnwnt to Task Order B shall not exceed the sum of
$2,100.00.
Authorized by, Accepted by.
CITY OF DENTON, TEXAS LUNDY AND ASSOCIATES
Ted Benavides, City Manager I L. Lundy, Proprietor k
:,Wed: Dated: / Z 3 97
Approved as to Legal Form:
Herbert L Prouty, City Attorney
By: ►1~ ~i! , f
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DaN
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Michael W. ]ez, Assistant City Manger of Operations
SUBJECT: A Resolution of the City of Denton, Texas Approving the Appointment of
the Reserve Police Officers Listed in the Resolution
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RECOMMENDATION: That the City Councii adopt the atteched proposed resolution
approving the appointment of the Reserve Police Officers listed therein.
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BACKGROUND: The Texas Local Government Code, Section 341.012, authorizes the
appointment of Reserve Police Officers by the Chief of Police and the City of Denton has
maintained a Police Reserve Unit for over 35 years. The Code further mandates that the
City Council approve all Reserve Officer appointments before the appointed Officers
may carry a weapon or otherwise act as a peace officer. The current Reserve Unit has
added several Reserve Officers to the Unit. This Resolution ensures compliance with the
Local Government Code by listing each current Police Reserve Unit member.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Approval of this
resolution ensures the continuation of the Police Reserve Unit in compliance with State
law. This Unit assists the Police Department with the maintenance of public safety and,
therefore, it is in the best interests of the citizens of Denton that members of the Police
Reserve be authorized to exercise the full authority allowed by statute.
FISCAL IM PACT: Approval of this resolution will result in no additional
expcnditur.-s.
pectfully submitted,
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Assis ant Ci M cr of Operations r
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RESOLUTION NO,
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE APPOINTMENT
OF THE RESERVE POLICE OFFICERS LISTED IN THE RESOLUTION.
WHEREAS, Section 341.012 of the Texas Local Governtent Code requires that the City
Council approve persons appointed to the Police Reserve Force before those persons may carry a
weapon or otherwise act as a pew officer, and
WHEREAS, the City Council deems it to be in the best interests of the public safety and
security of the citizens of Denton to authorize members of the Police Reserve Force to exercise
the full authority allowed by statute; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
S .CTI rN I. The following members of the Police Reserve Force are hereby approved:
Robot Beadle Chuck Kull
Charles Beavers Paul Leslie
Art Behrens Byron Piechowski
DeDe Garrett Mile Quintero
Ron Hull Keith Stahl
Mike Hupp Shawn Fuller
Kevin Vice Trent Brooks
SECTION D. The members of the Police Reserve Force approved in Section 1 may carry j
weapons only when authorized by the Chief of Police and when discharging official duties as
duty constituted peace officers.
SECTION 111, This Resolution shall be effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 1997.
• JACK MILLER, MAYOR •
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ATTEST:
BY: JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L PROUIY, CITY ATTORNEY
BY:
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Agenda No
Agenda Ite a
` December 16, 1997
CITY COUNCIL REPORT
TO. MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Howard Martin, Assistant City Manager I Utilities
SUBJECT: CONSIDER APPROVAL OF DISPOSAL OF ABANDONED WELL
SITES NO.6 AND 10.
RECOMMENDATION:
The Public Utilities Board and the Planning and Zoning Commission
recommend approval of the disposal of We1l Sites No. 5 & 10. Both agenda
items are attached. E
BACKGROUND:
The wells on these sites are no longer useful to the Water Department, and
they have been plugged and abandoned. Well Site No. 5 is located on
Sherman Drive east of Bell, next to Pggty Wiggly. It is a 0.161-acre site.
Well Site No. 10 is a 0.466-acre site on Lattimore, east of Audra.
The City of Denton attempted to sell Well Site No. 5 in 1994, but the low bid
was rejected. Staff is again seeking to dispose of this site, and the PUB 1
asked that staff take the request to dispose of Site No. 5 back to the City 1
Council for approval.
• The City Charter does not allow essential utility property to be disposed of
unless approved by the voters. This property is not essential to the
operation of the Water Utility. Instead, disposal of this property is governed
by Section 2-126 of the Code of Ordinances. This section requires the City
Council, after receiving a recommendation from the Planning and Zr>ning
• Commission, to determine If the property can be offered for sale. Our • •
Purchasing Department will sell the other two sites, after Council approval.
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PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Citizens of Denton and Denton Municipal Utilities i ;
FISCAL IMPACT:
The fiscal impact is nrnimal. The Wes price will probably not be great. It
will remove maintenance responsibility from the City.
Submitted by:
Howard Martin
Assistant City ManagertUtilities
Prepared by
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Jil Jorda , P.E. Interim Director
WaterAVastewater Engineering & Field Services
Attachments A. Planning & Zoning Commission agenda item
B. October 13, 1997 PUB Agenda Item
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November 5, 1997
PLANNING AND ZONING COMMISSION REPORT
TO : Planning and Zoning Commission
i=ROM : Gerald P. Cosgrove, P E.
r Engineering Admin'lQtator
SUBJECT : DISPOSAL OF WELL SITES NO. 5, 9 AND 10.
RECOMMENDATION:
The Public Utilities Board (PUB) recommends apprcval of the disposition of Wel Sites
No. 5, 9 & 10. The Planning and Zoning Commission is requested to make a favorable
recommendation to the City Council.
SUMMARY: B
The wells on these sites have been plugged and abandoned. They are no longer an
essential part of the utility system. These sites are being offered to other departments in
the City, If there is no interest, then the Utilities Department desires to dispose of these
sites. The attached PUB agenda item includes maps showing the location of the sites.
The Planning and Zoning Commission approved disposing of Weft Site No. 5 in 1994.
The City did not accept the highest bid for the site. The City of Denton will try again to
dispose of this property. The PUB asked that we have the Commission review their
previous recommendation on this site.
BACKGROUND:
The City Charter (Section 12.44) does not allow essential utility property to be disposed
of unless the voters approve it. This property is not essential. Section 2.126 of the Code
of Ordinances requires City Council, after recommendation by the Planning a.d Zoning
Commission, to determine 4 real property can be disposed of. Sections of the Charter
and Code of Ordinances governing disposition of utility property are included in the
PUB agenda item.
ATTACHMENTS: • •
Exhibit A. Public lhihties Board Agenda Item
ATTACHMENT A
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October 13, 1997
PUBLIC UTILITIES BOARD AGENDA ITEM
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R.E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES
SUBJECT: CONSIDER APPROVAL OF DISPOSAL OF WELL SITES NO. 9 AND
10.
RECOMMENDATION:
Staff recornmends that the Utilities Department start the procedure to dispose of
Well Sites No. 9 and 10, which are at Mockingbird and East McKinney and
Lattimore east of Audra, respectively.
SUMMARY:
The wells on the above referenced sites have been pk*W and abandoned.
The utilities Department no longer needs the sites. In addition, staff will attempt
to dispose of Well Site No. 5 located on Shermar. Drive south of P4* Vlq*.
Bids were taken on this site in 1994. The highest Did of $5 was rejected.
Approval to dispose of Site No. 5 was obtained previously, but is mentioned here
to inform Board members of renewed action concerning this site.
Location maps of al three sites are attached (Exhbit 1).
BACKGROUND:
The City Charter (Exhibit 11) does not allow essential utXty property to be
disposed of unless apprared by the voters. This property is not essential to the
operation of the water utility and so voter approval is not required. Instead,
disposal of the property must adhere to the guidelines outlined in section 2.125
e of the Code of Ordinances (ExtwU III). This section requires that the City
Council, after receNN a recommendation from the Planning & toning
Commission. determine if the property can be offered for sale. Once the City
Council approves the sale, the City's Purchasing Department disposes of the
property-
0 Ubliities Staff has asked Planning and Engineering and Transportation to review
Site 5 in relationship to its being able to meet the City's development code. If k • •
cannot meet the code. the site will be declared undevelop . In aocordanoe
with Sec 2-126(c), staff can then negotiate the sale of the properly to a4eoenl
r landowners. One of these owners, Tr;r* Presbyterian Church has expressed
ATTACHMENT 8
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an interest in the sib again.
Staff akwed a driveway for Fire Station No. 2 to be constructed acrou Weil Sit i
No. 9. The Sold Wash Department has expressed an interest in Ws sit in the
past as a poser" rscycirq sit. This 64 will be OM MW to f0w of two
do" msrtt. Ifneither d ftm want ILA wil bs Pubicy offered.
WW Sits No. 10 is also near a church.. The church also has a desire to purcMM
this sib. This slle is kwow dm y &"lop". and so it mum be pubich bid.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
C*zsns of Denton. Fire Deparlrnent, Solid Waste Depa Wank Trimly
Presbyterian Church and Denton Mw* OW U146 w
FISCAL WPACT:
t
Thane w♦ be some reduction in operating tgmonses. Also, Ow sate will psrirate
sane re omm. The exact amounts an rwt avaiia
Submitd by.
{
Robert E. Nelson. P.E.
Executive Director of UMties
Prepared W.
Gerald P. CO rove, P.E.
Engineering /Idrnin &W f
• Approved by: !
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P.E.
1Merim Director of VieftNastswaW Ergimw q and FWM SerAm
• Exhbb: I Loahtion Maps •
It Charier Section
III Code c Ordinance Section
0406" $7
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EXHIBIT 1
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WELLSIJEJ
I Lsj NO. 5
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WELLSITE
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WELLSITE
NO. 10
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i j? 73 DENTON CODE
become available. suMcient United States Government securities shall be -cold or
time deposits withdrawn to purchase the longest maturities available on the market.
Sec. 12.04. Disposal of utility protstrtles. _
No sale, lease or disposal of anyutility system or any tart thereof essential to continued
effective utility service, shall ever be made unless such We, ?tam or disposal is approved by
a majority vote of all the qualified electors in the City of Denton.
Sec. 12.08. Cooperation of other city departments.
The (public utilitiesl board shall have the right to request the services of any officer or
department of the city government; provided, however, that the utility system shall pay out of j
its revenues a proportionate part of the expenses of the department used in an amount agreed
upon by the city manager and the board. If they fail to agree, the final decision on any such
expenser shall be made by the city council.
Sec. 12.00. Reserved.
Editor's note-Ord. No. 7986, i 2, adopted Dec. 11. 1979, and ratified Jan. 19. 1980,
deleted former section 12.06 which pertained to the director of utilities and was derived
unamended from Lhe Charter adopted Feb. 24, 1959.
I
/ See. 12.07. 7U publk utilitles board.
'a) There is hereby created a public utilities board to be composed of Ave (5) members,
appointed by the council for four-year terms end until their respective suoeessors have been
appointed and qualifwd; provided that the members of the find board appointed under this
provision shall at their organisational meeting draw for terms as follows: One 111 shall draw
a one-year term, one (l) a two-year term, ow 11) a three-year term, and two (2) shall draw
four-year terms, and at the expiration of earls *(the tarma so provided for, a member suotesw
shall be appointed for a term of four (4) years. Members of the board may be removed by the
tourxed only for cause and only oiler charges hay* been filed and published and the member
has been given a reasonable opportunity to defend himself in an open public hearing before the
council. Vacancies shall be filled for any unaxpind term in the same niaauer as provided for
regular appointments.
ti b) The city manager and diredw of utilities shall be es officio memben of ilia board
They shall attend all meetings of the board sad shall have the right to discuss any matter that r
is under coasidentloo by the board but shall boa no vote. '
°c) Members of the public utilities board shall have the same qualitiations as are re-
quired for membership on the city ooundl.
• di At its organisational meeting, and atsaually thereafter u coon sa the newly appointed • •
member tor members) Ices qu.&W,d: the board sleep select from its own marabership a chaircUA
vice-chairman, and secretary. Any three (3) of the regularly eppointed members shell tuns.
! tute a quorum. The board shall determine its own rules sad order of business. ne board shall
l 32
EXHM T 0
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AD%11M5ZTRATION ; :126
j i Records:dtsronttonaj/unds.iheairector:: purchasing shall keep accurate records of
all :ales and shall submit reports to the departr..ent of finance and -wcation containing;
1 A descriptive list of all items sold;
The time and place of the isle: and
3i The price paid for the items.
All funds received for sales must be delivered to the department of finance and ta.Xation who
shall deposit the funds to the credit of the appropriate fund.
e- Purchase by officers and employees prohibited. An officer or employee of the c;* z L all
not, directly or indirectly, submit abid rot, purchase or acquire ownership of personal Ft_rerty
sold pursuant to the provisions of this section. In addition to other penalties, an oMcer or
employee who violates this section forfeits his office or employment.
Code 1W, 120.2(w- d),'gil
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Secs. 2.106-9125. Reserved. I
DMSION 2. CITY-OWNED REAL PROPERTY
Sec. 2.126. Procedures for disposal i
ff ,al Decision to sell. The city council, after receiving the recommendation of the planning
1. and coning commission, shall determine whether any real property evvaed by the city shall be
offered rot sale or trade: provided, however, that the We, Isase or disposal of utility system
property shall be subject to the provisions of the Charter.
bl Notice and bids. If the property an be developed independently of any other property
as coned under current ordinances, public notice shall be given and public bids received in
accordance with V.T.CA, Local Government Code 1272.001 et seq.
(c) Negotiated sales. If the property aaaot be developed independently as toned under
present city ordinances or is otherwise exempt from the notice and.biddipg rsquiremants of
state law, the city manager may initiate negotistiorls rot the sale of thrp vO erty In accardsim
with V.T.CA, Local Government Code 1272.001 et seq.
• dl Type of conveyance. The city attorney shall determine the type of conveyance or other
instrument to be executed by the city prior to the initiation of formal bid ptoceduns, and the
information shall be included in the notice.
.el Recommendation and action. After receipt and tabulation of bids or after reaching
agreement for a negotiated salt, the city managar shall main a recommendation to the city
• council. The city council may reject the We or award the sale by raolutioa or ordinance. Upon -
approval, the city attorney shall prepare and the city manager sball execute the appropriate • •
instrument orconveyam.
!Code 1466, 12.701
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Apenda No, 9140
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ApenGa Item
Date ,
k December 16, 1997
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Howard Martin, Assistant City Manager I Utilities
SUBJECT: CONSIDER AND APPROVE THE OVERSIZE AGREEMENT FOR
BENT CREEK ESTATES WATER
RECOMMENDATION:
The Public Utilities Board reoornmends approval of the request from
Cameron 8 Associates ("Devek>per) that the City participate in the over
sizing of a waterline in the Bent Creek Estates Subdivision. The cost for City
participation is for an amount not to exceed $86,760.
BACKGROUND:
The Developer is developing the Bent Creek Estates subdivision, a site east
of highway 377, north of the railroad and west of Country Club Road (FM
1830), The development requires that an 8" water line be installed along
Highway 377, and the City is requesting that a 16" water line be installed to
serve the general area. The 16" fine will be extended approximately 2,217
feet along highway 377. The present Capital Improvement Plan has a
project to construct approximately 8,000 feet of 16" waterline along Highway
377 (Attachment Ill, page 2). This participation will construct approximately
one-quarter of this line at a cost savings of approximately $50,000 to the City
of Denton.
• The Developer has submitted a request for oversize participation based on
actual bids. Staff examined the requested amount and adjusted it slightly
from the Developer's original request. The adjusted participation amount is
$86,760. This amount may further be reduced at the end of the construction
phase, to approximately $81,055. There is a provision in State Law that
• limits our participation to 30% of the total project. Ibis provision is outlined • •
in paragraph 4 of Exhibit A.
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The PUB considered the recommendation of this item at two separate
meetings. This project and the Rancho del Lago oversize participation were
discussed with the PUB at the October 13, 1997 board meeting. R was
decided to participate in both projects even though the total participation
would exceed the FY 1998 budget. This hem is bond funded. The final
recommendation was made at the December 1, 1997 PUB meeting (see
Exhibit B).
The City of Denton will also participate in the oversize of a sewerline for this
development. This participation is $10,800 which does not require City
Council approval
When a developer extends water or sewer lines into an area, the developer
is required by the Ckys Code of Ordinances to install water and sewer lines
of sufficient size to serve the new area. The City may also participate in the
cost of oversized water and sewer lines to serve the general service area
in accordance with Section 34-118(bX2).
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Citizens of Denton, Denton Municipal Utilities and Cameron & Associates.
FISCAL IMPACT:
The estimated cost for our participation is $86,760. The amount of $100,000
is budgeted each year for oversizing of watefiines. A Financial Analysis and
the Capital Improvement Plan Detail Sheets for oversizing and for the
Highway 377 project are included with the PUB agenda Rem.
Submitted by:
Howard Martin
Assistant City Mansger/Utilrties
Prepared by:
01
Jill rdan.E. Interim Director •
Water/Wastewatpr Engineering S Field Services
Exhbits A. Participation Agreement
B. December 1, 1997, PUB Agenda Rem
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING TITS MAYOR TO EXECUTE A WATER MAIM COST
PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND D. R. CAMERON AND
ASSOCIATES, INC. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF A WATER
MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE;
AUTHORIZING THE EXPENDIIURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City wishes to participate in the cost of oversizing a vata line to be desigrwd,
insulled, and constructed by D. R. Cameron and Associates, Inc., in an amount not to exceed eighty-six
thousand seven hundred and sixty doVars (586,760), in accordance with §34-118(bx2) of the Code of
Ordinance of the City of Denton ml' TEX. LOC. GOV 7 CODE §212.072; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION-1. 7hat the Mayor, or in his absence, the Mayor Pro Tem, is authorized to execute a
Water Main Cost Participation Agreement bctween the City and D. R. Cameron and Associates, Inc. for
the mersizing of an eight (8) inch water line to sixteen (16) inchcs, substantially in the form of the
attached Agreement, which is made a part of this ordinance for all purposes, subject to D. R. Cameron
and Associates, Inc. entering into a Development Contract with the City, in accordance with Chapter 34
of the Code of Ordinances of the City of Denton. `
SECIION 11. That the City Manager is hereby authorized to make the expenditures as set forth in
the attached Agreement.
I
SECTION III. That this ordinance shall become effective immediately upon its passage Mad
approval.
PASSEL) AND APPROVED this the day of 1997
JACK MILLER, MAYOR I
• ATTEST:
JENNIFER WALTERS, CITY SECRETARY r
BY: G
• APPROVED AS TO LEGAL RM: t • •
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF
COUNTY OF DENTON § DENTON AND CAMERON & ASSOCIATES
WHEREAS, Cameron & Associates, hereafter referred to as "Developer," whose business
address is 2300 Highland Village Road, Highland Village, Texas 75067, wishes to develop and
improve certain real property named Bent Creek Estates, Phase (as shown in Exhibit 1, sdached
hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterri-
torial jurisdiction, and is required to provide such property with adequate collection capacity by
designing, constructing and installing a water line of a minimum inside diameter of eight inches
(g'), hereafter referred to as "required facilities;" and
WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East
IvicKinney, Denton, Texas 76c01, hereafter rei :rred to as "City," in accordance with its ordinances,
wishes to participate in the cost of the construction and installation of said water main to provide for
an "oversized" water maia to expand its utility system and insure adequate utility service M other
customers;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein. Developer and City agree as follows:
1. Developer shall design, ituttall and construct a sixteen inch (16) water main and all
necessary appurtenances thereto, hereafter referred to as "oversized facilities, 16," located as shown
on Exhibit Il, attached hereto and incorporated herein by reference.
2. As required by Chapter 34 of the Code of Ordinances of the City of Denton, Texas,
Developer has entered into a Development Contract prior to beginning construction of the oversized
facilities, This Development Contract is attached hereto as Exhibit III and incorporated herein by f
reference. This Agreement is subject to and governed by this Development Contract and any other li
applicable ordinances of City.
3. Prior to beginning construction of the oversized facilities, Developer shall obtain, at
Devcloper's sole cost and expense, all necessary permits, licenses ad easements. The easements,
• deeds and plats therefor obtained by Developer shall be reviewed and approved as to form and
substance by City prior to the beginning of construction. If Developer is unable lo aoquire needed
easements, Developer shall provide City with any requested documentation of effort: to obtain vuch
easements, including evidence of negotiations and reasonable offers made to the affected propaty
owners. Any easements for the oversized facilities obtained by the Developer shall be assigned and
dedicated to City, if not taken in City's name, prior to acceptance of the oversized facilities, and
• Developer warrants clear title to such easements and will defend City against any adverse claim • •
made against such title.
4. City's share in the cost of the oversized facilities, based upon the difference in the cost
of installing requited facilities, as determined by City, and the cost of the oversized facilities, av
determined by City, shall be in an amount not to exceed eighty-six thousand seven hundred dollms
I]- EXHIBIT A
WATER MAIN PARTICIPATION AGREEMENTI CAMERON 4 ASSOCIATES PAGE 1
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W no cents (586,760.00). City may elect one of the following methods to determine City's share
of the cost:
a) Devebpcr shall prepare plans and specifcations and punish them to City.
Developer "I also obtain payment and performance bonds in accordance
with Chapter 34 of the Code of Ordinances of the city of Denton. City shall
competidvcly bid the required line and the oversized facilities in accordaxe
with f'hapter 232 of the Texas Local Government Code. The differerxe in
the bids shall be used to determine City's share, subject to City's maximum
participation in cost as specified in this Agreement; or
b) Drs elopor shall prepare plats and sped ficatiom and take bids on the mquired
line and the oversized facilities. City shall pay Developer the least amount
of the following:
(1) The difference in the bids for the required line and the oversized
facilities;
(2) Thirty percent of the bid on the oversized facilities, as provided for
in TEX. LOC. GOWT CODE ¢212.072; or
(3) $86,760.00, the maximum participation cost allowed herein.
City shall not, in any case, be liable for any additional cost because of delays in beginning,
continuing or completing construction; changes in the price or cost of materials, supplies, or labor;
unforeseen or unanticipated cost because of topography, soil, subsurfsce, or other site coaditiom;
differences in the cakulated and actual per linear feet of pipe or materials needed for the oversized
facilities; Developer's decision as to the contractors or subcontractors used to perform the work; or
any other reason or cause, specified or unsipecified, relating to the construction of the oversized
facilities.
5. Within thirty (30) daps of the acceptance of the facilities by City, Developer shall submit
to City's Director of Utilities the actual cost of the oversized facilities. Should the actual cost of the
oversized facilities be less than the cost upon which City's share was determined, City's share of the
• cost shall be reduced proportionally, on s per linear foot basis, based upon the difference of the
actual cost of the oversized facilities and the determined cost for required facilities. To determine
the actual cost of the oversized facilides, City "l have the right to hupwt any and all tecotds of
Developer, his agents, employees, conowun or subcomnicton and shall have the right to require
Developer to summit any necessay information, documents, invoices, receipts or ocher *cot ds to
verify the actual cost of the oversized facilities.
6. Within sixty (60) days of the date Din-eloper submits satisfactory docWnentation of the
actual cost of the oversized facilities, as determined by City. City shall pay to Developer City'a shoe
of the cost them f.
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WATER MAIN PARTICIPATION AGREEMENT! CAMERON Z ASSOCUTES PACE 2
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7. Ali notion, peywwo or communkaoow so be Sim or merle pun wnt so dds sgeeesent
by the patio hereto, "I be seat to Developer u dw busmen sddtws ;Im Piave ad to tM
Di..ata of Utilities he City M the Rddre" liven above.
I. Developer elwll i wwjty and hold City, its o!&as end employees henelen 6om say
aed all claims, dwayts, loo or Debility of my kind whmm ^w, by t+aeoa of ire jwy to property or
person occatioasd by any act or omksk h attled or wronokkd of Developer, its ofl4cw% ap@K
anploy~ees, iavike, cotttsctors a other pasaw with tti/ard to the parfortaaaoe of dais s•reeetseat,
std Dmkpa wip, M its own cat and expense, defend ad protect City againd nay cad all Poch
claims and desua k
9. If Deveiopa don aot belie a~betaatiai soawrottioa of the oversised ruwtin Within
twelve (11) rtsortM of the efkttivt date of erecation of dais wMerssae, thk a6room a slap tmai• .
nMe, unkn a written eutaniaa of Ws a/rearxal it approved by bob pwtWL
10. This hwounaeot, inches doe exhibits Mt- hwdo, oobo&n the wbok apnema
of the polies hereeo ersd these w no promba, tams. caadisiaoe or obYptioas other then those ~
contained at ieearporated basin. Thk apseawrt dhs11 snperasde err! previow commwketioak W
restmWoes a agmaneets, c" verbal or written, between die pwda to
I I . This sreemert *A11 eat bt see pW by Developer without the tWw writlea cowed
of City.
I L Any and all suits to my brash of this ootntrset, or nay odor erii p+Mahtin/ so or new"
out of d& lp 1- k - - sW be beoulit and uWatained in a court of oompetme jrris lichen is Dnntort
County, Ttxss.
Execulad this, the day of _ .1997
CAMERON it ASSOCIATES
BY:
• ATTEST: r
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CITY OF DENTON, mAS
BY:
WATtt MAIN MRT"ATM ACRD MRNf I CAWtION A AllOCIATU PAU !
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ATTEST:
JEW, FER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO MAL FORM:
HERBERT PROITFY, CITY ATTORNEY
BY:
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WATER MAN ►ART"ATM AORiiMMI CAMUON A AUOC[ATU MOI 4 ~ e
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Bent Creek Estates Phase l
Plat Document
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WATERLINE
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AMT C1ttK ESTATR l11~E 1
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BENT CREEK ESTATES OVERSIZED FACILITIES '
EXHIBIT I
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December 1, 1997
PUBLIC UTILITIES BOARD AGENDA ITEM
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: Howard Martin, Assistant City Manager! U011111 s
SUBJECT: CONSIDER AND APPROVE THE OVERSIZE AGREEMENT FOR
BENT CREEK ESTATES, PHASE I -WATER
RECOMMENDATION:
The Utilities Department Staff recommends approval of the request from
Cameron a Associates ('Developers that the City participate in the over
sizing of a waterline in the Bent Creek Estates Subdivision. The cast for our
participation is for an amount not to exceed $86,760.
SUMMARY:
The Developer is developing the Bent Creek Estates subdivision, a site east
of Highway 377, north of the raikoad and west of Country Club Road (FM
1830). The development requires that an 8" water line be installed a"
Highway 377, and the City is requesting that a 16' water fine be installed to
serve the general area. The 16" line will be extended approximately 2,217
feet along Highway 377. The present Capital Improvement Plan has a
project to construct approximatey 8,000 feet of 16" waterline a" Highway
377 (Attachment III, page 2). This participation wo construct approximately
or"uarter of this Are at a cost savings of approximately $50,000 to the City
of Denton.
This project was discussed with the PUB at the October 13, 1997 board
meeting (Attadxnent IV). At that time the cost to participate was eebmift!
to be $50,000. This amount was based on preliminary estimates prepared
before construction plans were completed. The Developer now has
submitted a request for oversize participation based on actual bids. Staff
• examined the requested amount and adjusted it srghtly from the Developers
ongina!.request The a*Mod participation amount is $86,760. This amourK • •
ma'; iurther be reduced at the end of the construction phase, to
approximately $81,055, by a provision of State Law that units our
participation to 30% of the total project. This provision is outlined In
paragraph 4 of our contract (Attachment 1).
!0 EXHIBIT B
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BACKGROUND:
When a developer extends water of sewer fines into an area, the developer
is required by the Cdys Code of Ordinances to install water and sewer Ones
of sufficient size to serve the new area. The City may request that the
subject Ones be oversized to serve the general service area. The City may
also participate in the cost of oversized water and sewer fines in accordance
with Section 34-118(b)(2).
AGENCIES AFFECTED:
Citizens of Denton, Denton Municipal Utilities and Cameron & Associates.
FISCAL IMPACT:
The estimated cost for our participation is $86,760. The amount of $100,000
is budgeted each year for oversizing of waterlines. A Financial Analysis is
attached as Exiiibit If. The Capital Improvement Plan Detail Sheets for
oversizing and for the Highway 377 project are attached as ExhilA IIt.
r
S txnitted -,g,
l
Howard Martin
Assistant City Manager/Utilibes
Prepared by:
le6"e5, Gerald P. grove, P.E.
Engineering Administrator
• Approved by:
J' Jorda , P.E. Interim Director
Water/Wastewater Engineering A Field Services
• Attachments 1. Participation Agreement • •
II. Financial Analysis
ill. CIP Detail Sheets
N. October 13, 1997, PUB Agenda hem
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OVERSIZE WATER
BENT CREEK ESTATES
FUND ANALYSIS
WATER (Bond) STATUS =(x1000)
FUND SOURCE
98-0481-01 $100,000
Prior year baianm $236,760
TOTAL FUNDS $336,760
EXPENDITURES
Sant Creek Estates Bid $88,760
Rancho del Lago Estimate $250,000
TOTAL EXPENDITURES $336,760 f
AMOUNT OVERAUNDER) BUDGET $0
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ATTACHMENT it
:70 ~1L '~~'t''yy ~ YS jyxj.~~} i. ~j ,~~'~f ~•y ~Y"~j~.{
1298 CAPITAL IMPROVEMENT PROJECT # 98-0461-01
-PROJ TITLE: (G) OVER.gIZE WATERUNES i
ESTIMATED COST: $100 (x 1000) f
GROUP ASSIGNMENT: a
DESCRIPTION: Money atsomed to pay the dfference in construction cost of increasing a
waterfins sirs from the minkrom required Oesipn size kr kmod in the
srrbdvtsion regutaWd to a larger dametu tine We needed In the More
for increased growth In an undtvelopod area and campy with Maslsr Plan
PURPOSE: Subdivision rei;LO ores spsdy Ca mwmum req *ed waLarine for new
development based on pro* W usage of a newly platted arse. During
Developmwd Review, the City will agres lo pay for ad**" cow to
ka"se the Developer's a irtirttw. requkedwaterine size to meet Increased
demand for water due to fuan growth of new aubdivisions and businseaes in
on wnrievsbped area.
ENCUMBRANCES CASH E)GIENDITURES
BOND REV AIC OTHER TOTAL BOND REV AiC OTHER TOTAL
TOTAL IST YR $100 $0 so $0 $100 $100 $0 1i0 1i0 $100
TOTAL 2ND YR 0 0 0 0 0 0 0 0 0 0
TOTAL3RD YR 0 0 0 0 0 0 0 0 0 0 E
GRAND TOTAL $100 $A s0 $0 $100 $100 $0 f/0 $0 $100 I,
ENCUMBRANCE DATES: EnoumberW as spent
• PHASE DATE AMOUNT OBJECT i
Oenerd PurchaM '
General Purchase
Constnx*lon AS SPENT $100 9131 ? . L
Miscellaneous • •
ENCUMBRANCE TOTAL $100 r
COMMENTS:
3"? IS:37
ATTACHMENT III
_ ; x.. ~ ~i. - - l'3 tl. (fly .'S 4VM 1 ryT }L
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2002 CAPITAL IMPROVEMENT PROJECT #02-0461-09
PROJ TITLE: DISTRIBUTION SYSTEM UPGRADE - 377
ESTIMATED COST: 5500 (x 1000)
GROUP ASSIGNMENT: 4
DESCRIPTION: Approximatety 8,000 feet of 12• k* on 377 from 1,100 South
of Country Club Road to Hamilton Road.
PURPOSE: To serve nerr development in City limits presently Serviced by
Argyle Water Soppy Corporation.
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ENCUMBRANCES CASH EXPENDITURES
BOND REV AfC OTHER TOTAL BOND REV W OTHER TOTAL
TOTALIST YR $75 s0 $0 $0 $75 =75 $0 $0 $0 $75 E
TOTAL 2ND YR $425 0 0 0 425 $425 0 0 0 425
TOTAL 3RD YR $0 0 0 0 0 $0 0 0 0 0
GRAND TOTAL 5500 $0 $0 $0 $500 $500 i6 t0 $0 $800
ENCUMBRANCE DATES: Encumbered as spent.
PHASE DATE AMOUNT OBJECT/ {
E-
Easements 01102 $ 50 "W
Oesgn 01/02 $ 25
Construction 01!03 $15 911Ut13$ -
• Inspection 01103 $410 • •
ENCUMBRANCE TOTAL $500
COMMENTS: This Is a =40yearproood bWgirw" In 2002
ErKufts prW to 2M $ 0
Currwnt CIP _
Tool Projscl Budget
31419710-.27
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October 13, 1997
PUBLIC UTILITIES BOARD AGENDA ITEM
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R.E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES
SUBJECT: CONSIDER PARTICIPATION IN WATER LINE OVERSIZE
AGREEMENTS WITH BENT CREEK ESTATES AND RANCHO DEL
LAGO
RECOMMENDATION:
Staff recornmends that the Utilities Department participate in the oversizing of
3,600 feet of 16 inch and 12,200 feet of 12 inch waterline in the Rancho del Lago
subdivision and 2,229 feet of 16 inch in the Bent Creek Estates subdivision.
SUMMARY: i
In order to serve the area containing these developments and future
developments in these areas, new 16 Uich and 12 inch water lines are required.
The Rancho del Lago development requires an 10" water fine to service only this
subdivision. Therefore, R Is recommended that the City partidpate In the
oversizing from IT to 16" and 10" to 120. The Bent Creek Estates subdivision
requires an 8" water line. Therefore, it is recommended that the City partidpate
in the oversizing from 8" to 16".
Both developers have requested oversize padicipation by the City of Denton.
Final figures are not yet avaltabie, but the preliminary estimates are that the
City's share would be approximately $250,000 kr the Rancho del Logo
subdivision and approximalety $50,000 for the Bent Creek Estates subdivision.
•
The annual budget for oversize is $100,000. 11 is bond funded. We have not
come dose to spending $100,000 a year for the Isst 5 to 6 years. Even though
these two projects greatly exceed the annual budget, staff sW reoomnenda
funding both projects.
• • •
BACKGROUND: -
When a developer extends water or sewer lines into an area, the developer is
I5 ATTACHMENT IV .
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required by the City's Code of Ordinances to Instal water and sewer Ones of
sufficient size to serve the new area. The City may request that the subject Ones
be oversized to serve the general service area. The City may also parilcipste In
the cost of oversized water and sewer lines In accordance with Section 34-
11 8(b)(2),
AGENCIES AFFECTED;
Citizens W Denton, Denton Municipal UUMies, Land Advisors, Inc, and D.R.
Cameron and Associates.
FISCAL IMPACT;
The estimated cost for our padklpstion Is $300,000. The amount of $100,000 Is
budgeted each year for oversizing of waterlines. These two projects are
estirated to be $200,000 over budget. However, funding Is available through
existing unspent bond funds. a Financial Analysts is attochod as Exhbbrk 11, The
Capital Improvement Plan Detail Sheet Is stlached as ExhU III. Both of those
subdivisions should be under construction before the and of 1997. Our payment
is due after construction is completed and accepted by the City. This should
occur during the late spring or summer of 1998.
Submitted by.
obert E. Nefson
Executive D~sctor of Ui•ties
Prepared by:
Gerald P. Cosg ove, P.E.
Engineering Administrator
1
Approved by:
•
rM Jo an, P. E.
Interim D'rredor of Walw Wastewater Engineering and Field Services
• Exhib+b: I Location Maps • •
11 Financial Analysis
.J III CIP Detai Shoets
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• ' RANCHO DEL LAGO
OVERSIZE
t , • PARTICIPATION
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OVERSIZE PART~C ATI
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OVERSIZE PROGRAM FY 1998
WHO ANALYSIS
STATUS ({x10001
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FUNO SmRCt
FY 1098 eww Fwx q $100,000 i
Unsp$M Previous Yews Funding $208000
TOTAL FUNDS
EX►ENOITURES
Rancho dot Logo EsWnsfa $260,000
Sint Cr"k EtWas EsWtuM $60.000
TOTAL Lx"NOITURES X00.000
AMOUNT OVIMUNDER) WOGET $0
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CITY PLANNING STAFF REPORT Date
AGENDA DATE: December 18", 1997 i
TO: Mayor and Council Members
FROM: Rick Svshla, Do" City Manager
SUBJECT: PAQUfj FORDETAN"PLAN APPROVAL
DENTON UNCQW AMMURY 2dR WAr ENS.H
SUMMMX OF PREVIOUS ACTION
• PROJECT NAME: Denton Lincoln Mercury Car Dealership
• LOCATION: South side of Interstate 35•E, near the Corinth City Limits
• SITE SIZE: 5.491 acres
• REFERENCE: 2.97-019
• ACTION REQUESTED: Approval of a Detailed Plan for property located within Planned
Development 12. The Concept Plan for this site was approved
by City Council In 1988.
• CONDITIONS: Nt - Uses pemAed within the'Comnwdel' zonN dassfticaWn are
Iknited; 32 land uses are not allowed (batch plants, kin or tie plants,
liveslock-releted uses, mining or extraction. salvage yards, and other);
#2 - Five percent (5%) of the total tot area stall be landscaped as
Isndscsped open spece;
03 -'Tree masses are shown on the Concept Plan. Every effort will be
taken to ensure the survlval of significant trees cn the site'
• OPPOStWN: Notice of the proposed detailed plan approval was mailed to the one
property owner located within 200 feet of the subject property. No
responses were returned in favor or In opposition.
• P&Z RECOMMENDATION: October 22"'x,1997 - Approval, 8.1, with the oondition that
an additional ten (10) trees with a minimum diameter of
four (4) inches be planted on the site.
• CITY COUNCIL ACTION: November 180',1997 - Postponed, 6-1, with the following
Issues raised by City Council Members:
. No public address system
• Lighting: Prevention of upward light diffusion, screening of odpKW
• residential pmperties, and hours of operation for display versus
security lights r
• Landscape Plan: Provide more information regarding the condition of
the trees, save more trees. Investigate the feasblhy of
terrackxg the site or changing the building footprint,
place a prioft on saving the largost trees
• • Address polent4l Impacts (noise) of the garage door facing the • •
residential lots
. Clarify the relatlonsNp between city floodplafn requirements and the
proposed grading plan
• Provide construction details lot saeeoing wag Wong south property line
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DEVELOPER RESPONSE
TECHNICAL RESOURCES A CONTACTS
Ford Land Leasing Development, represented by Mr. Domink: Sebattiant, Is the owner and
developer of the project. Hoff Associates, represented by Mr. Jerry Roberts. Mr. Charles I
Hamilton, and Mr. Brian Bristow, Is the design firm responabe for production of the
Detailed Plan. Mr. Alen Holiomon, the landscape consultant whose work with a San
Anlonlo Cadillac dealership was discussed at the November 18^. 1997 City Coun0l
meeting, was retained by the developer to assist in heightened efforts to examine the
co:-69on of existing trees and determine if additional trees can be saved. Mr. John
Cooper, an agent from the Denton office of the Texas Agricultural Extension Service, was
Invited by the developer to visit the site and offer technical advice regarding tree
preservation techniques. Mr. James Rector from Spaulding Lighting. Inc., is the consultant
retained to design the site Nghting system. Mr. Rector has contacted Mr. Duncan
Weathers, LINT Observatory astronomer, to discuss Muss rVated to light diffusion.
NO
On')ecember V, 1997, at 5:30 PM, a public meeting was f.,44 in the 'City Hall in the Mall'
mee ting room to discuss the proposed project. The meeting was coordinated by Planning
stafl by sending notices of the meeting to all City Council public hearing speakers. The
developer's representatives explained th revised Detailed Plan to 17 attendees, most of
whom had attended the November 18" , 1997 City Council meeting (see attached
attendance list). The meeting lasted approximately two hours, and attendees appmdated
the opportunity to discuss project Issues Informally. Most of the issues appeared to be
resolved, although several Individuals wanted to explore other opportunities to save or
transplant more trees.
SUMMARY OF THE REVISED DETAILED PLAN
The revised detailed plan addresses the following elements:
1. TREE PRESERVATION: The proposed plan results in the preservation of five more
trees, with the additional planting of eight new 4-11nch caliper trees. The table below
illustrates the proposed treatment of site treas. The five additional trees to be saved
1 are large specimens in good condition, located aWQ the front of the Bite. A tree
condition survey has been provided as Figure 2 In the revised Detaled Plan materials
submitted by the applicant.
TREE PRESERVATION: Chan s !n Quantttiss durin Review Process
P&Z Proposal City Council Proposal ~IM►)Mt#. nAbla.A F."
_ October 224 ,1997 November 18" 1997 1 1 7
10'_ Trees Preserved 17 17
New 4' Trees 15 25
• •
• Total Trees On Site 32 42
Existi 10'+ Trees 110 110 a'=
10'+ Trees Removed 93 93
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2. LIGHTING: The fighting system specifications provided by the applicant are enclosed.
The site lighting plan indicates low footcandle illumination levels on the adjacent
residential subdivision property. As requested by City Council, lower Intensity fixtures
will be located at the front and rear of the site, using 400-watt, metal halide (white)
lights. The poles along the site frontage are 13''A feet tall, and are the only fixtures
intended to be tilt-mounted (23 degrees). The poles at the rear are 20 feet tall. The
site Interior is intended to be lit using 1,000-watt, metal halide lights mounted on poles
27 feet tall.
3. FLOODPLAINS I WETLANDS
A copy of correspondence from Halff Associates to the U.S. Army Corps of Engineers,
dated December 5^, 1997, is attached. The letter confirms an office visit to discuss the
status of the 'tiny pond% concluding that 'the project will not affect any Waters of the
U.S. (WUS),'
The developer's enginoering consultant has also confirmed with Planning staff that the
C'ays floodpiain regulations do not require the idling of the floWpiain as a condition of
the project's construction plan approval. The developer Intends to grade the site In a
manner that raises parking areas above 100-year floodplain elevations to protect the
cars that will be stored and displayed for sale.
4, SCREENING WALL
Screening wall details have been provided by the applicant. The six-foot tan wall be be
constructed of poured-to-plaoe concrete, stained and scored to simulate brick
materials.
5. PUBLIC ADDRESS SYSTEM
The developer Indicated that the car dealership would not Install a PA system on site
during discussions at the November 181h, 1997 City Council meeting.
8. GARAGE DOOR NOISE
The applicant has indicated that the garage bay door facing the residential subdivision
leads to a paint booth, which needs to remain dosed most of the time to prevent
airborne particles from entering this protected enclosure.
STAFF RECOMMENDATION
• Should City Council members elect to approve the Detailed Plan for the Denton Lincoln
Mercury PD-12 site, staff requests that the following conditions be included:
. No public address system shall be installed as part of site ope,dtions.
• Lighting:
Prevention of upward light diffusion wiiI be accomplished through the use of
• cutoff luminaires which direct light perpendicular toward ground surfaces •
- Light spillage on to adjacent residential properties will be controlled as per the
illumination levels Indicated on the site fighting plan
`J - Hours of operation for display fights should be specified, with the understanding
that security lights will continue to operate throughout night Sme hours
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• Tree Preservation:
Indicate tho exact number of trees to be preserved according to site plan (the
proposed total is 22). Temporary fendng shall be placed around the dripline of
aA tress to be preserved during construction to miMmize root disturbances.
Preservation techniques as outlined by John Coopees Texas Agricultural
Extension correspondence will be observed.
Indicate the number of new trees to be planted, aU of which wig be either red or
live oaks, with a ndnimum caliper of four (4) inches (the proposed total is 33).
Any trees that do not survive, whether preserved or newly planted, shall be
replaced by a four-inch caliper tree.
• A screening waft shah be constructed along the south property line as per submitted
specifications.
Prepared By. Res lty SubrnMed;
D id M. HiU Rick SveMe
Planning and Development Director Deputy City Manager
[attachments]
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•
i
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF
A DETAILED PLAN FOR A 5.491 ACRE TRACT LOCATED ON THE SOUR SIDE OF
INTERSTATE 35 CAST, NORTH OF THE TOWN OF CORINTH CITY LIMITS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,010 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Halff Associates, on behalf of Ford Land Leasing Development, has applied
for approval of a detailed plan for the 5.491 acres described in Exhibit A, which constitutes a
portion of the planned development; and
WHEREAS, on October 22, 1997, the Planning and Zoning Commission recommended
approval of the detailed plan; and
WHEREAS, the City Council finds that the detailed plan will be in compliance with the
Denton Development Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Detailed Plan covering 5.491 acres out of PD-12, and more
particularly described by the legal description attached hereto and incorporated herein as Exhibit
A, is hereby approved, such plan being attached hereto and incorporated herein as Exhibit B and
that the Landscape Plan covering the subject 5.491 acres, such plan being attached hereto and 1
incorporated herein as Exhibit C, is also hereby approved.
$ECT10N 1,,, That the Detailed Plan and Landscape Plan are subject to the following
conditions:
i
I No public address system shall be installed as part of site operations.
2. Lighting shall be in compliance with site lighting plan which is attached hereto
• and incorporated herein as Exhibit D and as follows:
(a) Prevention of upward light diffusion will be accomplished through the use of
cutoff luminaires which direct light perpendicular toward ground surfaces.
(b) Light spillage on to adjacent residential properties will be controlled as per the
• ilIuminat;on levels indicated on the site lighting plan. • •
(c) Hours of operation for display lights shall be dusk until 9:00 p.m., with the
understanding that security lights will operate from 9:00 p.m. to daybreak.
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? . Tree Preservation:
(a) The exact number of trees to be preserved is Temporary fencing shall be
placed around the bpline of all trees to be preserved during construction to minimize
root disturbances. Preservation techniques as outlined in Exhibit E, which is attached
hereto and incorporated herein, will be observed.
(b) 'fhe number of new trees to be planted is all of which will be either red or
live oaks, with a minimum caliper of four (4) inches.
(c) Any trees that do not survive, whether preserved or newly planted, shall be
replaced by a four-inch caliper tree.
I
4. A screening wall shall be constructed along the south property line as per
specifications set forth in Exhibit F which is attached hereto and incorporated herein
SECTION III. That the provisions of this ordinance, as they apply to the 5.491 acres
described by Exhibit A, govern and control over any conflicting provisions of ordinances relating
to PD-12, as they relate to the subject propeRy, but all the provisions of said ordinances relating
to PD-12 as they apply to the remainder of the planned development district not herein amended
shall continue in force and effect and shalt apply to the remainder of said district
SECTION N. That a copy of this ordinance shall be attached to PD-12, showing the ;
f
amendment herein approved.
j
SECTION V. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding 52,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION Vi . That this ordinance shall become effective fourteen (14) days from the f
date of its passage, and the City Secretary is hereby directed to cause the caption of this I
ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City i
of Dentun, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of 1997.
rig
J JACK MILLER, MAYOR
PAGE2
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS IC LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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PAGE3
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;;LL A~ttr y
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EXHIBIT A
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5.4907 ACRE TRACT
BEING a tract of land out of the Gideon Waikor Survey, Abstract N0.1330.to the City Of Denton. De
trcct
Coun
of l Ockmoni Canaaion Letnyd Partners Lte., coy dead r corded In3Denton County Clerks F e eyiDCCFI to
No. 94-ROD03975 In the Deed Records of Denton County, Texas 1DRDCTl,and being more
partlcutorly described as follows.
COMMENCING at o found 1/2-inch Iron rod at the 1,0ersection of the west right-of-ray line
of Post Oek,o 100 foot wide street right-of-way, dedicated to the City of Corinth,Texas by
tact recorded In Cabinet F. Pogo 233 of the DRDCT and the southwesterly right-of-ray line
fns Of interstate dtInf&rHighway e Highway 35E,thel following couraes with d atonrlgnt•of-way ,
North 42 degrees 24 minutes 34 seconds West for o distance of 72.06 feet to a found 112
Inch iron rod;
North 50 degrees 12 minutes 52 seconds Nest for a distance of 62.63 feet to o found
1/2-tnch Iron rod at the beginning of non-tongent curve to the right, hoving a radius
of 1461,38 feet and whose long chord bears North 44 degrees 57 minutes 23 seconds _
Nest for a dlstonce of 274.09 feet) Northwesterty with sold curve through a control
engle of 10 degrees 45 minutes 42 seconds and an ore distance of 214.49 feet to a polnti
North 39 degrees 34 minutes 31 seconds Nest for a distance of 30,17 feet to o point for
the beginning of a curve to the left, having a radius of 1461,36 feet and wn;se long chord Li
bears North 44 degrees ST minutes 16 seconds Nest for o distance of 273.99 festi
Northwesterly with said curve through a centrclong~e of 10 degrees 45 minutes 29
seconds and on ore distance of 214.79 feet to a point of tongencyi
Ncrth 50 degrees 20 minutes 00 seconds West for a distance of 811.71 feet to a found
518-Inch iron rod with plostlc cop for the POINT OF BEC#4;NG1
THENCE deporting the southwesterly right-of-way line of sold Interstate Niohway 3SE,South 47
the
the north line West of The Nods at 3Ookmont.Phase 2 f own 516-inch to Iron
degrees 07 rod with plastic minutes cop 19Inseconds
City of Corinth, Denton County, Texas according to the plat fired for record In Cabinet N.
Pogo ST. of the DROCTI
THENCE with the north line of the said addMion.North 86 degrees 00 minutes 24 seconds West
for a distance of 609.78 feet to a found 5/6-Iron rod with plostic cop for corner)
THENCE deporting the north line of the sold addition North 35 degrees 10 minutes 11 seconds
West for o distance of 49.99 feet to o found 5/8-inch Iron rod with ptasitc cap for a corner
In the centerrine of a 100 foot wide Texas Power i L,ant Coffrny eesement conveyed by
Instruments recorded In volume 313, Poge 356. Volume 313, Page 242. Volume 517, j
Page 518, Volume 518. Page 101 and Volume 1062, Poglk 62 of the DROCTI
THENCE North 54 degrees 48 minutes 13 seconds East, along the centerline of said easement, i
for a dfstonce of 725.86 feet to a found 5/8-Inch Iron rod with plastic cap In the southwest
right-of-wa rune of hterstete Hlohway 35Z for C corner on 0 curve to the left having 0
radius of 5879.65 feet and whose long chord bears South 48 degrees 49 minutes 30
seconds East for' c distance of 310.00 feeti
THENCE with the southwest rlght-of-way Hne of said Interstate Wghwayy 3SE,and a" said
and ore
Curve to the 310f11 feettthrough found t5%8-iInnch o Irof 03 on rod degrees ela01 minutes stic cop for the point
distance of
of tOngency:
O THENCE continuing with acid southwest rloht•of-way line of Interstate Highway 3SE,South 50
degrees 20 minutes 00 seconds East for a distance of 09.89 feet to the POINT OF "GNWNG
end contatntng 239,IT4 square feet or 5.4907 cues of Iona more or less.
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LIGHTING FIXTURE
DETAILS
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LIGHTING SPECIFICATIONS
FIXTURE TYPE POLE TYPE COMMENTS
HEIGHT WATTS
Lyn 1 USM RiAn 30' 600 w i MH Uesd only Woog the beck of the sire oe:t to
the mWemW Sots
Detroit usm Ron 27' 1006 w / MH Used is the ieteriorof the cite
k
Sector 14M F'uan Wt 606 w! MH Una "t the &W of the 6ts for the awky
of new an
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~ • -)~~~~r 't'y' ~ 4S` i'~'rkV .~`'~.r~l~#i'1Si {.5ib r 'S 1. Llew~. ~F {F+(
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LYNX I&II
AMU"TWW
AarVv area, anba- marinas, km
food lots and loner rro-^v *OcWom
COMlTRUCTiOM FATURtf
Ha+siny-one piecs lamed and weid•
ad akorimm with liso. l peel Hire
browrw t plate.
opdcw Aseearbi" - Gw, tam-
pered flat g4w tens Is Mid In *oe wile
seaWnt We end sa ntaiNrrg Leas
door Is one Area bmsd skrinum
hroped to hcx and seaaW wt cap
04 staiN !tees saew. A oona wm
E DPM gasket seek door to ftAkig. fie Weatf>er proof one pica
scoop stwW relbcia is spKUw, sneer
parabok brward throw, Wov*V o* lamed afumirxxn hw*9
mum forward profecoor>_ Internet skr-
rrom" n%CW baffle "idea eRKM
nor cvtotf at 10' from na*
9&%M - The bdW corrrponenp am
mounted to e kxrned steel tray br em"
of k*&%K w end se06% Meet an
HPf and starting a"d to •2VF. Balaeb
for ktetal ~iefide ere ocnstant wempe C
autoVBn omw wtas Koh p»sawe
Sodum we CWA with aiecfia staff
Mwx&q Ann - Al s' x 411/16'
e•tuded slurrrinxn (ti "b r W k IT
br W If). Mouncrg arm is supplied wily Cortaraioras
W W rods and rub br cap %W ~ 1
assembly of kni &e $ b polo
FW@h - Starrdard b"d•on potyeetar '
i .
Trish ' is dark bronze. (6161 firtihm are f taflettor
walabie. %V41 irberrref nartut•ofl ba%
,
$eal6ddn Se nww I Wm lens
MUM
Efbco" Pro}ecMd Arse: I
LN1-1.7 Sq. R
` Lm'"
6,75110.75 k
rill
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I.-- 292528.437 '
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LYNX I
oftmiNO INFORMATIOM
LAMP ORDERING' NET
WATTAGE NUMBER DESCRIPTKxJ WTA-8s
METAL HALIDE -
I75W LN41MM Lurwwtwthamt619OmWx 31
25r'W LMSO- A Lumiun wetl arm 6 to 0laaa W a 35
r" Wj00-M luminaira vNh arm 61st 04w Wa M
MR PRESSURE SODIUM
1:OW LN3-150-HPS Lured" wdl arm 6 U daaa Ws 32
25CW V*.iol 1PS Lx ows wO arm 8146 data ;aro 3s
40CW L M400-1 S Lwrwwa vMh arm l /a1 aim Ws 31
U.L 6 CM Us W
LYNX II
OM M100 INFOIU"TIOM
MP ORDERM • NET
WATTAGE NUMBER DESCRIPTION WfA.BS I
I
METAL HALIDE _
100W W1404M Uxrv o wM arm 619 Olau Ws 63
10001'1 LHI IMD.M Lurwwe we arm 6 6tl gw" taro 73
MQN MS%M SOMN
_ 40OW UA- Lurinain w4h arm A It 2im W+a 70
1000W LH ILI- 1FS Uxrirrin wth wrn AIM daaa Wu 62
-"am soar sua aq - 7p 7aa M aR W. an a vt U.L A CSA UWd
< W D+ 1w oaA • walrl Ch rw &Wmft W" bd" '
OPTIONS ORDEF" IlMMIATION FOR POLES A 9RACICETB
DESCRIPTION ORDER SUfFD( -SEE SECTION 0
p k 120r•277V
Yyat Mour'bl0 &a" wM RATIO . DISTANCE
Srg* Fuse SF MOUNTING HEKkff
Dm6e Fuse OF _
ISOFOOTCAMDLE CURM LNII-1000M
LN1400M
saux p+4RAM KnK l OR
GOLUX DAGRAM N roarcA vas
rootcuara S
5 HOUR NO "Down '
MOIA1T1101E10rR 4 20' 2S' 30 35' a0'
20' 25' 30' 35' 10' - r
A 10 l4 4.4 32 2.6
I '
9
3 A 10 0.1 aA 32 25 p 5.032221.612
• 0
0 S.0 31 2,2 1.6 1.2 2 C 2.0 1.2 26 .03 30
0
2 - C t0 1.2 -0 6S 50 D 1,0 .64 u .33 25
4
D 1.0 .61 .M .33 25 ! E .70 .45 M 23 .16
1 -
S E 10 .43 St 23 Al MONT
a F 50 32 22 .11 .12 -
• FRONT EAR • •
FkE 00 F 50 .32 22 -16 .13 14 Q .30 A .13 .10 a
Q 30 .11 .17 .70 De 1 ~
1 I `
~ 2 1
3 2 1 T>W n>r10R Au 06V1 p+partd n a[a72 ana 1rN IES~lioar On Mb p
pronouns R is npvwt@ vw Or UTWWwt mew xrw "Vwc 0ao
WHITSWAY imp"m 41b""oatrrd&1.*AWpwtftr4vaa
-~j 1195 s4
• fir...-:-._..----~ • $k:
DETROIT
APMJ"r*M L(
Parking areas, solo tats. terms oar%
and other no•gfare applaa60ns.
COlfMUCTM "ATUM
tumfWra Ffou&V - A bold and
nagged oxtruded and + okW A rwwm
housing.
Door Frame-E*uded, k* gaskatad. r F
door asserrrbfy, frnged, and lafdred br
tool-less entry,
Op*W Anarrtby 0m, tampered,
flat gLiss tens Ftisfal, h extruded door
frame. A sharp ortoN bm" timw dis
b Winn Is poduoed by a Ng* spealar
ar*&ed aluminum, rwim Parabogc
rellecW. The op&* aasenby Is leld
a*xtabW akwA 90' rotation for bhai
W4 sm"ty.
t.anovidar - Enclosed mogul poroe-
kw sodret with spring loaded *W
plated canW contact and ninbn~ed
Sodlun ssodaeb we puke raNd
So
Ballad AMWAW - Starting rabd at
•20'F. Baflaab for Metal Fidde tamps an+ T
Balasb for Prassix T _
are oonatad waCape $AOtal16brw
t /
type uwV an sisaarc shvW AN W.
lasts are Flo Pmw FaCfCIf.
1tw" - Flash mound lo a square ,
pole is standard.
FWmh - Standard baked-an poyesW
paint finish Is Dark Bronze. For other brr
lshes, oonsrA factory.
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EftactMe Projected Area 18 Sq. Ft +
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WNITEWAY
DAP All a
'f't~i.1 , Y: . < s •~E'•, < sr t. r.' +.v~} ; r~ • • ri.,.~
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DETROIT
pownIMOIMFo#umT m
WATTAGE NUMBER DESCRIPTION YVTA.BS
METAL MALME
4m DT40OW-FT ( m*vke w1h od o m b m 126
1 DDOW O'i10DAW La*Ah VAV fit gim b m 136
HON PrAsu B[ 90ow
400W DTaDWVP Umh4ka wk1 fit 01m we 130 .
1 DODW DT.1000FPS-FT LunrAwa w it a%" we 146
nwnc 4+s/rrwrnow-IxinH0m.W.40 0 MY. ULAC"LL1fd
401s/ as - a4 a.~ pxaa r ~rr.a an. wr.wr.
OPT1ow
DESCRIPTION OARE7 SUFFOC
-mm o Aulaphda (I OOOw A 4w PR
L%*Tap SAM (120V n 27Th WT
REFER TO POLES i BRACKEM SECif ON FOR ORDERM WOAIATi011
U nkWm Series: DT-1000M-FT LumkWm Series: DT10"PS-FT
4
OOLM aArnw IttOTCdIQB 4 eourA dnnw 4 Poor-sum mTft mom MAL How 1,4
j
D 1aurt11a Moafr 6 Maw"m t4024T
2W 23' 2C 08 47 1D' 25' 20' 3r 4r
2 A
11 10 73 fJ 2 A t2 14 10 73 66
22 t
1 6 11 72 f.0 3.f to 1 6 11 7] SO OJ L
F E D
f110k7 C 4.5 IS 10 1.4 1.1 PROW ~ C 4.! 2J x0 t 4 1.1 '
REAR 0 22, 1.4 to .77 31 REAR 0 1.4 1,0 Sf % .
1 E 1.1 -7 30 36 21 1 E I.1 ) 30 ]f Zs
f .Af 2f 20,14.11 f .40 am.14 Al
4 2 1 0 4 0 2 1 0
2 2
J
RATIO Q DISTANCE
WUNTM HEIGHT
TAb nparr Ar bow pnpurd h rmdr a oIf11E'S pA:W an Wip t -
plmid4ra l is npmw*Ar of U*odkw M17d w%*r A&ldr
and 4016Ea1QarldrarM titrbl,4 gouflkp Yc1tA7 Oa~l (RIM dl>wwrw
bcaw4n k *10y d1u WW aural A11dpw6r7nr7na
WHITEWAY t
'
17x 0nrt.n Aw derv. a 46t20 414 541,14H
1 ~
1~ `1 7%
may{ ,
Y 1'"~ ,,~;•4•; ~1~.a~~~~R '~~Fl;i. yr^ ►~~•~ej`~'u 7,. 1tiY4, t~y~,f `o*°, iw C-
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SECTOR i
APPLICATIONS
Auto sales iota, terms courts, buk" bade,
signbiboerd and ohw appkaxorx r"AriV
cgtm%rnlghtoorvrOL
CONSTRUCTION FKATURES
Lunhalm Nous" - The Sector aeries has
W optical assarrtbxas with bar" beam
spreads. Each oplical head oonabb of NO
ratlecbr net sections made from wtuded akr
mixm, arod¢ed processed to provW spear
tat or df n tinishee. Upper and lower hake -
are sacurad to a key &wv* lad *q bar nd
held rigid by fw ad akrn and plies
Lons Is tampered, clear, fed gbae wih an
wtudad one-plea lomnd EPT go" Ax
higrt tam Perak" operation Each assa rft Is
secured to the balm mnpa"ard and oM1
weed to ainig posMon by a *Os phut and
bc4V scree Lamp asev" la team a
gaakated lamp oanprtnw4 aeeeae *ox
held so=* by srrawe, on ft and plate.
BeOW C;cmprltwA - Al Wwhun art-
stnrction with selection of hvo mounting
atnngemants; 2' huh A ful length recowd
access caw Is gaMulad for midght rahg
and provides total acco a to V Dalai owr;*
nwmc 7 NZ model hcsdes a U*wW
a*aatablo Wafng plafa Cat Is UWZW rein
t
"Poo aMpo or wak
kAeyral Bekaa - Staring rated to Piet Lodlrq Screw
•204 F. BaYd br Meld Haldo lanpe w COrr
starts wattege aNObartebrtnw (OWA) type.
Balast Ix High Prowl" Sodlun lamps am
omsWit wattage suer mob., r"U*V
an electork sWer ppuL All bNaab we
H 0 Pow Factor.
Mounting - A Y pipe treaded hrs or cou.
ping we a service entry tea t» wiw Is
nacassary only for rho 7 hwb model mouft
The 2' sWitair mounted model an be
nst&W w1i M normal 2' pipe no la," ltdrv duel
tenon. Integral
Aiming Adparknens--Each optital assembly BaUsb
is secured sore sides d tie bde t compart-
ment wlpr a segle " hooking ecraw- Plot
bc" screw is accetsbla with baAW can-
partrnwi cow removed.
Lan o*k w - Enclosed MW pacalaii
socket with VdV loaded, rocket plated comet
• contact and rai homed lamp grip we* shnl f'
high Prasalre Sodom 80dots are pules 3W Notation a
raled
Lampe - Acoormtodates 250 wax and 100 unt f es ~1 ixr,
wax kietal Hatch rd High Preasura Sodtm.
cow wewgss and larrp typo evade, on _
Flnleh - Standard baked-on pofyastar
• paint finish is Dark Bronze on optkal t'.
assembly and and plates, mour", fixings Ie m • •
and ballast compartment assembly.
Paflectots are anod'aad processed on both
internal and external surfaces.
Note. Doe-O d kf w and dow ward alnly 0.125
ony
WH ITEWAY Ef eel Ptopclaa Arm 43 sq. FL `
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SECTOR
ORDERING INFORMATION
LAMP ORDERING NET
WATTAGE NIRdBER DESCRIPTION WTLBS
METAL HJILIOE
2WW W256M42 Type 2v a Sh bsam 52
2ww SM250-m-" Typo Sy z 5h bwn 52
o0aw SW4o4MJ2 1y" N x 5h bwn 56
aoaw _ SW400-M-as IWO 5v s Sn Down SE
W AH PRESS M SOpUY
25ow Sw250+HPS12 1yDs 2v x sh bwn 67
25ow SW25"PS15 Tyys Sv z 5h bwn 57
aoow SR•400-HPS42 iS" 2v r Sh bo m 79
40OW SR4OOHPS45 Type Sv X Sh bwn 79
roil. -sr,.etibow "A"-Inla..nm,x7,y vwbwhn U.LACSALMW
as. wn "Ma we N tiv+ rdw~ a M*,w
sa molt y
a & w... u w o
3f~~ edn DWI a'en~ 4 Ww rr M~ oMa ►}st
OPTIONS
DESCRIPTION ORDE FFIX
AQu ~tsds Aran AA -
Errndsdand A¢afbls kM
for L dWW ArrwV SC
Sqm m Pm& ShivuQ on OP6or AuwrMos PS
Sr4o Fur SF
f
DouW Fur OF
Option "SC'- Extended Arms
M
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WHITEWAY
rM 0• m Awm,' C.r..ui oeId 4= SIN x,.sw /y 7/96
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EXHIBIT E
l
MENIORAADUM
TO: John Cooper DATE: November 23, 1997
County Extension Agent - Horticulture
Denton County
FROM: Jerry F. Roberts AVO: 16237
SL BJFCT: Denton Lincoln Mercury
Based on our meeting Friday, these are your recommended rules of thumb or guidelines to be
followed to preserve the trees: '
1. The root zone area is a circle having a radius equal to the height of the tree. The depth is
variable.
1. No more than 50 % of the root zone should be disturbed and construction should come no
closer than 5' to the tree trunk.
r •
1. The tree top should be pruned in rough proportion to loss of root zone. If 5061a of root zone is f
removed, prune no more than 35% of the upper growth.
i
1. Installation of landscaping or turf above the root zone should be done by hand or by small
equipment operated by a skilled operator. _
1. All preparation work in the root zone shall be accomplished in the dormant season. The
dormant season ends in early March.
1. Piping for irrigation systems installed in the root zone shoed be run radial to the tree trunk
rather than across the root zone.
1. Installation of pipelines across the root zone should be bored under the root zone.,
1. Post oak tress are especially sensitive to disturbance.
T, r
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rVe ~J~tl'001l10f ~1. r.l
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40M FOSSI CA EEK BOULEVARD
(a,T) W-, 472 METRO (117) 42"M
Halff Associates FORT
FAX (117)232-OM
ENGINTFRS • ARCHrMCTS • SCMNTLM
PLANNERS • SURVEYORS
U.S. Army rs December 5,1997
P.O. Box AVO 16239
F orth. Texas 76102.0300
Attn: RegulatoryBranch, CESWF-OD-R
Mr. Presley Hitcher
Re: Opinion of Coverage Under Section 26 - Nationwide section 404 Permit - Proposed Denton
Lincoln-Mercury Car DnkisMp on IM 35 E in Denton, TX
Dear Mr. Hatcher:
Based on the discussion at your office yesterday with Mr. Lynn Lovell of Ha1ff Associates, 1w-
of the criteria contained in the 33 CFR Nationwide Permit Program, and the ONVICd configuration of
the referenced project, it ism fessiorul 221nion that this proposed Projed will not affect
Water oft he U S (WUS) Even if the tiny pond that is in the rn3ddk of site was Within Corps of
Engineers jvrisdicd the size of the pond 0.12 acres is less dun 1/3 acre and would be covered
under the conditions of Nationwide Permit 26 - Headwaters sued Isolated Waters Dbcbw EL This
letter is my notification to the Corp of Engineers of this opinlon.
This proposed project will consist of site grading and construction of an automobile dalerkip
adjacent to IH 35E in Denton, Texas. The existing pond, as shown on the attached boundary and
topographic nap and USGS quadrangle map, is not located on a stntarn, but is located off of the nearest
channel, and outside of the F BMA 100-Year flood plain.
If you have any questions or comments, plisse call me or Lynn Lovell at 347-1422.
Sincerely,
HALFF ASSOCIATES, INC.
JF!oberts, P.E.
Enclosvro
• cc: Dyminic Sebastian, Ford Motor Land Company # • •
ynn Lovr
FORT WORTH • f>r111AS • HOUSTON • M0MIEN
f 77HSPORTA704 • WATER MWOOCES • LAND DEMILOMi<M • ML"CVAL • OMP40WA frAL • STA UOTURAL
MECIIAMCAL • ELEGTMCAL • SURVEYMO • OEOORAPHO WOMMT" SYSTOM
ARCH7ECTUM • lA1DBC.APE APCHn,*cr-M ' PWN1q .
5
• ~ e.4 L ' i= i i y ~ ~3
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Texas Agricultural Extension Service
The Texas A&M University System
Denton County Government Center
306 North Loop 288, Suite 222
Denton, TX 76201.4818
940.565.5536 metro 972.434.2052
fax 940.565.5621
Mr. David Hill
Director of planning
City Hall West RECEIVED
221 N. Elm Street DEC t Sgt'
Denton, 9X 76101 -•.f
December 8, 1997 PUNNING & DlYELOPAIHfI
DEKRTMENT
Dear Mr, Hill-,
This letter is to inform you that on November 21, 1997, at the request of Mr. Jerry F.
Roberts, P.E., of Halff Associates, I met Mr. Halff and Mr. E. Brian Bristow, RLA, LI,
Director of Landscape Architecture for Halff Associates, Inc. at the site proposed for the new
Lincoln-Mercury car dealership on 1-35E in Denton to review the potential for tree
conservation. We walked the site and looked at certain trees that Mr. Roberts was considering
candidates for conservation.
I explained to Mr. Roberts and Mr. Bristow that the effective root area extends as fu from the
trunk as the tree is tall and that post oaks could reasonably be expected to survive if at lent
half the effective root area was left undisturbed, We estimated a height for each tree so Mr.
Roberts could calculate the effective root area of each tree and alter the plans to accommodate
and conserve as many trees as possible.
Enclosed is an e-mail mesuge Mr. Roberts sent me on November 23 reiterating eight points
he understood from our conversation would be necessary to follow for trees to be conserved.
I responded by e-mail that they, the eight points in his letter, '...fairly represent my
recommendations to you at the time of our meeting on the Lincoln-Mercury site in Denton
on November 21,' I thanked Mr. Roberts for considering my concerus in his site analysis and
asked him to let me know if I could be of any further assistance.
I received a copy of the amended plan from Mr. Roberts on December 3. 1 reviewed it to see '
if he was able to conserve any additional trees. My understanding is that they were saving five
trees in the original plan. The revised plan attempts to conserve 23 existing trees by my t
count.
rxienslon programs serve people of al ages regardless of socloecorw* k K rack cola, sex, reWon Bskilty or natiasd orVrL
The Texas A&M Univerky System. U.S. Nparimenl of Ag Lee, and the County Comm sslotws Courts of Texas Cooperating
r
Mr. David Hill December 9, 1997 Page Two
I
As I ]snow factors relative to the site development plan beyond my apprehension must exist I
have not made a thorough analysis of the revised plan as to its degree of conformity with
application of my guidelines to the site. Since you and your staff will mate the final plan
review, I have informed you with this letter my involvement and recommendations. fE
If I can be of any further assistance, I hope you will not hesitate to call on me.
Sincerely,
ohn N. Cooper
CEA•Horticulture
Denton County
JN, C:dgw
Enclosure
copy. JerryRobens, Halff Associates
a
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46-
E
1
MEMORANDUM
TO: John Cooper - DATE: November 23, 1997
County Extension Agent - Horticulture
Denton County
FROM: Jerry F. Roberts AVO: 16237
SUBJECT: Denton Lincoln Mercury
Based on our meeting Friday, these are your recommended rules of thumb or guidelind to be
followed to preserve the trees:
1. The root zone area is a circle having a radius equal to the height of the tree. The depth is
variable.
1. No more than 50 % of the root zone should be disturbed and construction should come no
closer than S' to the tree trunk.
1. The tree top should be pruned in rough proportion to loss of root zone. If S0% of root zone is
removed, prune no more than 35% of the upper growth.
I . Installation of landscaping or turf above the root zone should be done by hand or by small
equipment operated by a skilled operator. w
I. All preparation work in the root zone shall be accomplished in the dormant season. The
dormant season ends in early March.
1. Piping for irrigation systems installed in the root zone should be run radial to the tree Wak
rather than across the root zone.
i
1. Installation of pipelines across the root zone should be bored under the root zone.
1. Post oak trees are especially sensitive to disturbance.
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NOTICE OF PUBLIC HEARING
AND NEIGHBORHOOD MEETING
CASE #Z•97-819
The Denton City Council has rescheduled a public hearing to consider a revised detailed
plan on 5.491 acres currently approved for Commercial (C) uses In Planned Development
12. The site Is located on the south side of Interstate 35, at the Corinth city limits. The
proposed detailed plan is for a new and used auto dealership.
The Denton City Council will start at 7:00 p.m. on December 16, 1997 in the City Council
Chambers located at 215 E. McKinney Street. Interested parties are Invited to attend the
hearing and speak to the Council.
The applicant, Ford Land Leasing, Is holding a nelghborhood meeting on Tuesday,
December 9, 1997, to discuss concerns of the surrounding property owners as well as
others. The meeting will be held at 6:30 p.m, at the `City Hall In the Mall" located Inside
the Golden Triangle Mall by Eckerd. Please plan to attend this meeting to view and
discuss the revised detailed plan for the property. Attendance at this nelghborhood
meeting has no effect on your ability to speak at the City Council meeting.
1
• Procedure for Zoning Change
A zoning petHbn follows a two step review process designed to provide opportunities for citizen Involvement
and comment The first step, following fine subrnission of an eppficalbn for a zoning charge, is to schedule a
pubic: hearing before the Planning end Zoning Commisslon. Landowners within two hundred feet of the
zoning petition site are notified of the P4rw*V and Zoning Commission pubk hearing. They are provided
this response sheet and are Invited to attend the public hearing to express their support or opposition to fine
request. Second, the zoning petition Is forwarded to the Cey Council for final action providing the
• Commisslon recommends approval or epprovai with oonddions. Should the Commission recommend dental. • O
the petitioner may then appeal the request to the City Council, If the owner(s) of more than twenty percent of
the land area within two hundred feet of the site submigs) written opposition, then six out of seven votes of
the City Council are required to approve the zoning change
4
e
G l'C•C b~ '~'fnN 'C'~~l.tL f~l~'(IrIG
`{q7 X1 0
~bouc ~Rre$ErC' !3ri Cl ppoezAt. jE,trty, 4140
~,ersS/9 w✓i~r f~s'so,vs Cpl Srf.~i~s'Aoe~s,SA~tc~SA.,~as 9fS~ ~3.r, -a..979
. j a }{q.,r rMs AA 1t wo4s rr f, a cr c.r v o 3a 1 t 1 s y
r`rt ~-o u~~ 1~L~ Rolfi~Wattc. pro *4il 135'3'
* 383.8133`
L', tom; ~B1~ a3i4 D q¢O s4s-)3sly
S L33 Wessef. Q005 9yu 591 -SaG`j
ll~ck.~ fuc-Cx;r,c3s
~y~' C•oCC6SNACC 23a& A1cAAI(Cle - 762s1 (9 ~B f • 8488
µu~st~tA+4 1116 ti. ~oR~n+/w DtA,1a,J `~yo Z /
9ya-.3.~i- yr7 d
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n 5tei 746 Cl{vQ yfI~~l~i 1 l~7f1 7QQt !W,201
677 !Oq e. grow rerrate ia4 940 y97 a 3y
r N s`Osr ~ Tj gAN& cif r 76'1-11? ZITo, ft&l
c . 21t~-'!39 eo
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(311) SAT-UN METPOO ;
Halff Associates -0fT WOFAX 1617) 229764
ENGINEERS - ARCHIrECTS • SCIFNTISTS
MANNERS • SURVEYORS
City of Denton December 3, 1997
Planning and Development Department AVO 16237
221 N. Elm Street
Denton, Texas 76201
Attn: David Hill
Director of Planning DEC J
J 1997
Re, Denton Lincoln-Mercury PLANNJNr; g OFVFICPMFN
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Dear Mr. Hill:
Attached are twelve (12) prints of the revised Detailed Site Plan and Landscape
Plan for Denton Lincoln Mercury. In revising these plans we have attempted to address
the concerns of the citizens, neighbors and City Council. The primary Issues to be
resolved are tree preservation, lighting, flood issues, and public address systems,
rrae Presavatfon:
The plans have been revised to save and plant additional trees. A total of five
(5) additional trees are saved by this rev'ISed plan. All five of the trees are 24-Inch
caliper and represent some of the largest trees on the site. In order to make room for
the saved trees a total of twenty-two (22) parking spaces have been removed. The five
additional trees to be saved are all located within the street yard. The owner also
proposes to plant an additional elght (8) 4-inch caliper trees, both live oak and red oak
at the back of the property along the six-foot high wall. Due to additional trees being
saved several of the planted trees have been relocated to the back wall as well.
The attached Figure 1 is a summary of trees for the site as proposed by this and
earlier plans. As you can see we have greatly Increased the numbers of trees, both
those to be saved and those to be planted from the first submittal. Please keep In mind
that of the 89 protected trees to be removed, 14 are in poor shape according to our free
• condition survey and a total of 55 are to be saved and planted. The attached Figure.
a condition survey of the existing trees,
In developing this plan we have consulted with John Cooper, the Denton County
Extension Agent and have had discussions with arborists. We are also working with the
engineers for the Upper Trinity River Regional Water District to either relocate their
• proposed 20" water line to avoid the saved trees or to bore beneath the trees. • •
v
FORT WORTH • DALLAS • NOVSTON • LkALLEN
TRANSPORTOJON WATERRESWCES • LANDOEYELOPNENT • MUNICiAL • EWW04MENTAL• STRUCTURAL
MECHANICAL • ELECTFAM SURVEYYA • GEOGRAP14C POORMAI ON SYSTEMS
ARCM FECTUFM • LANDSCAPE AAGATECTURE • PLAlNNO
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Halff Associates
LNC,I,FFRS • ARCHiTECrS - SCIENTISTS
PLAti'tiERS • SURVEYORS -
Lighting:
The fighting system has been re-designed to address comments. A copy of the
new lighting plan is ahached. The level of illumination at the front of the site is greater
than at the rear where lighting is for security purposes. Display fighting will be turned
off after hours of operation. As you can see the average illumination is approximately
10 foot-candles with only srQht spillover onto the adjacent residential lots and onto 1-35.
As previousty discussed With the adjacent residential developer (correspondence
attached) all light poles within 50 feet of the rear lot line will be no more than 20 feet
high. In general display l•Ighi ng wig be on 27-foot high poles except at the very front of
the site which will be on 13.5-foot high poles.
Cutoff luminaires will be employed. Detags of luminaires are included. Our
lighting representative, James Rector, has discussed the various lighting issues with
Duncan Weathers of UNT. Mr. Weathers main concern was that light would be
projected upward. Mr. Rector explained that fight will be directed downwerd. Perimeter
lights will be 400 watt and not the normal 1,000 watts used for similar Installations. Mr.
Weathers also requested that low pressure sodium be used on site, but this is not
economical.
Floodplain and Wodand isaws,
City drainage criteria requires that building floor elevations be constructed 18"
above the 100-year flood, but does not require that parking lots be filled to the 100-year
flood elevation. The parking lot for this site Is being filled to protect car inventory from
flooding. As required for final plat approval we will provide a letter from the adjacent
property owner giving permission to increase runoff.
Several citizens have suggested that the small stock tank on the site is a
wetland. The area of the stock tank Is only 5,C'.0 square feet, well below the one third
acre minimum size for classification as a wetland. We wit! provide documentation from
the Corps of Engineers that this stock tank does not constitute a regulatory wetiand.
• Otherlssuos: i
The overhead door located at the rear of the lot Is for access to a paint booth
and is normally closed, Nolse from this door will be minimal. The screen wall will be of
concrete construction with a cast brick pattern that will be stained to match the color of E _
the of the brick on the building. A copy of the screen wall detail Is enclosed.
l
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Halff Associates
EFGLNTMS • ARCHITECTS • SCIFMISTS
PLk"MS • SURVEYORS i'.._
Please let me know if you need further information or if you have any questions
or comments.
Sirloererj,
HALFF ASSOCIATES, INC.
enc. Jerry F. Roberts, P.E.
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cc: Tony Deilicoili
Dominic Sebastian)
Alen Holiomon
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Jun-12-97 09:28A LEXINGTON GROUP 2149871373 P.02
IX Iil,V.I ~ifi.>fijl inlMN
lunc 2, 1507
Nit. Joe SuIvart
f,exintgton Realty Service`s, Inc.
5646 Mihoa St., Suite 421
Dallas, Texas 75206
Project: Denton Lincoln h1cmwy
RF.: Preliminary Site Ilan Fxview
Dear Joe:
This Ieuer s%anmarim our review cce moots of the PrcUmlaary Site Plaa prescatnl by 1.
Howard NudeLl Architects. Inc., and Hu11TARVCista on Friday. May 30, 1947. 7hc plats
is dated 51271'97 {latest revision).
We %vw very pleased that Phm one of the Unwin devck>prnem will. initially, knave the
rear Ixwtkm of the pmplxty vacant, and that the service bays orient to the north. away
from the residential dnskrpmmt. The moperawn of Lincoln in minimizing their vicua)
arxh rx,ise impact will bc!p to sell homes in our Woods dewlopalent.
Our oornments in no particular order arc:
V) l,i in • the lighting behind the building, Iw the architect. is for setvrily purlxrses
only: and, will be no greater than 35 foot-candles. 'Mc luminaries shall be dim-ctcd I
away from the residential do elopmenl. The architect stated chat the height of the
poles witl he 25% howovcr, our rrcfemtee fro any ligb* within 50' of a rrAdetstial
` lot be a co xitnran height of 20'.
2. 5c in - in lily cf a living screen. which would en Wl irrip"S n wW tmgoing
maintcnaace, it was agreed that Lincoln. would wasida a 6' tall, solid masonry or
concrete wall along the residential bounds 7 line w help butler views wxl noise. j3da.
t4ii13attt'tahe httttr yPilonrl;r&Q 'a firs! nrex-ferahlr_ by I till
.'31'i~e'r't.3a w4hirrhtverby irte-In`
3. F.xistin2IlCSS • every tree.avW will help buffa vkrws and noise from dx residential
kris. It was agreed that Lincoln would consider the climiaatioa of pukhv spoor
from the southeast corner of the Parking kA, and rcloeafiq them to the north side of
the parkirrg tot. ]his would help save cn existing tut(s). HaI lr& Asswiatrs will
use their beat effurts, wbco designing grads. to leave neural grades intact beneath • O
the dripiine of existing trees being saver). In addition. w raloost that the contractor
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Jun-22-97 09r28A LEXINGTON GROUP 2249873,.373 P.03
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install oreage construAion fern around the dtiplinc of trees being saved, prior to the
initiation of auewmL
O Ptmxmd Tt> -the five proposed live oaks under the *Nvdwad electric fiats will be .
sbi ted elsewhers ' prticrably to the 1.33 frontage. The *z of tree '
should be at laf-C caliper.
g ?A . ld 'aivestigatc gad implemmil a beeper system iastad or a
L/ pubiio-eddras s Intern. To Pargu ly Protect the rofft'rrneownem we
recommend you dad rmtrict the pmptAy to rn i allow a P.A. <ntem According to
city oSrcials in Cor:utb, outdoor P.A. system are go tnpie of the mgority of
homeowaar compla A
6, - the Wgiaeer will UW act to lower the grade of the fmished
floor to raduee dae vies of the car denkt building from the residential lots
7. &ABU - the potential aVaasion plan stews eight.eryia bays orieakd to rho
mxd nest directly toward ddae res.ldotial iota. N'e would prefer that the pruptrty be
deed mttk to &p&w the orientation of wryks bays in ahe direction of the
r"Wrntial pavpesty.
Joe, we Wvci;wA your cooperation with this review. We look forward to remiying
Lincoln's. mWisions to a* Preliminary Site Plea.
Sincerely,
gvr Off COOY u►rtott
F Via`,(+,Pteaideat
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FORT WORnL MM 701 V
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MOVIO 40"M
Halff Associates W7)
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D;GW ERS • ARCWTTCrS • SCIENM-N
PLANNERS • SURVEYORS
MEMORANDUM
TO: Tony Dellicolli (6?0) 64yo - O-W DATI: Jane 12, 1997
Steve Toth (50) sso - AW 146:5
Jeff TeUer (7-7-zl% 4/7' 6406
FROM: Jerry F. Roberta AVO: 16237
SUBJECT: Landscape Plan Revisions
As we discussed in our telephone conversations I will add the following notes to the landscape
plan:
Lighting in the rear of the facility will be no great" than 35 foot-candles. Tbeluminaires will be
directed away from the residential development. Light poles located within 50 feet of the rear lot
line shall be mounted on poles no higher than 20 fed
The 6 feet high screen wall at the rear lot line shall be Wilt with Phase I.
Orange construction fence shall be installed, prior to construction, around the drip lire of
existing trees to remain and maintained for the duration of construction.
The property will be deed restricted to prohibit outdoor PA systems.
Additionally we will revise the landscape plan to increase tree size to 4 inch caliper for those I
eight (8) trees to be planted along the frontage of IH-35T° The seven (7) trees to be planted in i
front of the building and along the south side will be left as 2 inch caliper. F
We will revise the body shop when we get a sketch from TonyDeWco l.i. i ,
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FORTWoRTN • GALLM NCVa7UN %&WJN .
TPA43 MAnON . WATM AESM ACES • LAW DEVVIDP W • WL"CVAL • fNV/ICOMWAL IT"=^4L
&%C141WCAL • BtCTV0C.4L • SLVfY fM • 0100AARrC WNW"SYSI"
AACNTE nM LANDOWAI AACWr§CTW • PTAHNW
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Figure 1
TREE SUMMARY- DENTON UNCOLM MERCURY
12!297
otal No. o(Probcbd (1 otd No. o(Protecled rest dal Nfto of roes dal No. f M oW No. T"
aid Wpo Tees Ede" on Silo Removed Saved Phu PSarrYrd wW Srsod
Site Plan as Submktsd ID PlsrnN 110 93 17 1 32
and Zodrog on 1DM7
Revised Site Plan rAm)bd to 11 9 17 25 42
COY Cound on 111107
Revised Sib Plan suN7*W lo 111 22 33
City Cound on 12r-A 7
For the revbed Site Plan n,bnn0ed to City Coundl on Dooornbor 3, 1997 a Artwr Veekdown is as bMows:
1. A total d 136 trees 6" a rod WW are localad on the saes.
1. Of the 89 trees lo be remvoed, s lots! or 14 we cwoW red b be in poor dwpe Waft 76 Yeas h tok b good ahWs Wd wil be ranrvoed.
2. Of ft 111 proteded keen s 1oW of 9 are 21' carper or greNer (!ergs trees). A lotd of 1" (5) wtl be saved.
One addRtona{ 16' cedar &n was missed in the Y+id Yes rvwy and bcsled In tw WW too condition mww1.
Pape 1
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Figure 2
TREE CONDITION SURVEY
12nJ97
Denton Lincoln Mercury
-Trreconr
TREE NO. SPECIES CALIPER MULTI-TRUNK CONDITION
Be Arttona Cypress 10' Fair
57 Anton Cypress 10' Fair, thin
44 Aritons Cypress 10' Poor
45 Arizona Cypress 10' Poor
130 Cedar Elm 10' Fair
10 Cedar Elm 10' Fair, 0 kept with no. 9
70 Cedar Elm IV Good
129 Cedar Elm 10" Good
144 Cedar Elm 10' Good
120 Cedar Elm 10' Poor, few bunches
106 Poet Oak 10" 2 Fair
108 Post Oak 10" 2 Fair
119 Post Oak IT Fair, narrow, upright
16 Post Oak 10' Fair, one sided
37 Poet Oak 10' Good
101 Post Oak 10" Good
109 Post Oak 10' Good
150 Black Jack Oak 11' Good
147 Black Jack Oak 11' Good, twin trunks
73 Cedar Elm 11' fair, medbcre form
74 Cedar Elm 11' Good
107 Poet Oak 11' Fair
72 Post Oak 11' Good
98 Arizona Cypress 12" Poor
14 Black Jack Oak 12" Good if kept wl no. 13
18 Cedar Elm Ir Fair, if kept w/ no. 15
28 Cedar Elm 1Y Good
80 Cedar Elm 12' Good
M 131 Cedar EIm 12" Good
143 Cedar Elm 12' Good
38 Cottonwood 12' Fair, ir*xed
67 Post Oak 12' Fair
20 Post Oak 12' Fair, if kept w/ no. 21
146 Poet Oak 12' Fair, thin
22 Post Oak 12' Good ti -
• 23 Post Oak 12' Good • •
26 Post Oak 12' Good
29 Post Oak 1Y Good
69 Post Oak 12' Good
90 Post Oak 12' Clow
Papa 1
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97 Post Oak 12" 2 Good
66 Post Oak 12" Good, 4 kept w/ no. 65
65 Post Oak 12' Good, 0 kept wl no. e6
68 Past Oak 12" Poor, wt back
125 Post Oak 12" Poor, one-sided
142 Post Oak 12" Poor, tree hoom
6 Cedar Elm 13" Poor, cut bads
91 Post Oak 13' Good
95 Post Oak 13" Good
134 PoslOok 13" Good
145 Post Oak 13" Good
13 Block Jack Oak 14" Good it kept w/ no. 15
115 Cedar Elm 14' Fein, bark damage
124 CadarEtm 14" Good
17 Post Oak 14" Fair, one aided
7 Post Oak 14" Good
27 Post Oak 14' Good
30 Poet Oak 14' Good
32 Poet Oak 14' Good
41 Pat Oak 14" Good
53 Post Oak 14" Good
113 Pal Oak 14" Poor shape,o.k if kept wl no. 112
63 Artzons Cypress 15" Good, on PL
100 Arizons Cypress 15' Poor
3 Cedar Elm 15' Good
48 Pat Oak 15" Fair, cut back
24 Pat Oak 15' Good
25 Post Oak 15' Good
48 Post Oak 15' Good
47 Poet Oak 15' Good
89 Post Oak 15' Good
110 Pat Oak 15" Good
118 Pat Oak 15" Good
96 Pat Oak 15" Good if pruned
8 Post Oak 15" Poor, appears dead or dyke
133 Pat Oak 15' Poor, damaged, by-heavy
34 Pat Oak 16" Fair, one aided
84 Post Oak 18" Fair,vohxitesrQrowth
• 31 Pat Oak 16" Good
33 Pat Oak 16" Good
54 Post Oak 18" Good
85 Post Oak 16' Good
114 Pat Oak 16" Good
51 Pat Oak 1r Good ti
• 52 Pat Oak 1r Good • !
94 Pat Oak 1r Good
111 PostOok 1r 2 Good,twinbunks
151 Cedar Ekn 18" Good
36 Cedar Elm 18" Good
Page 2
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mean
81 Post Oak /B' Fair
123 Post Oak 1B" Fak, dedning, overgrown
15 Poet Oak 18" Good
19 Post Oak Ir Good
56 Post Oak 18" Good
71 Post Oak 18" Good
78 Post Oak 18" Good
112 Post Oak 18" Good {k{f
117 Pat Oak 18' Good 9 Mired
116 Post Oak 18" Good, remove so, Cedar
77 Post Oak 18" Poor, top h"
55 Post Oak 18' Poor, unsighty
93 Post Oak 19" Good
92 Post Oak 21" Fair
39 Post Oak 21' Poor, dadining
9 Cedar Elm 24" Fafr shape,cut hack
11 Post Oak 24" Good
49 Post Oak 24" Good
59 Post Oak 24' Good
76 Post Oak 24" Good
82 Post Oak 24' Good
83 Post Oak 24' Good
103 Arizona Cypress 6" Poor
105 Arizona Cypress 6" Poor
126 Arizona Cypress 6' Poor
127 Artzona Gypms 6' Poor, loaning heavly
79 Gum Bwr"a 8" Srna1, insignAcent
104 Red Cedar 6' Poor
128 Red Cedar 6' Poor, thin
121 Black Jack Oak 7' 2 Good, twin trvrOa
99 Arizona Cypress 8" Poor
132 Arizona Cypress S. Poor
2 Cedar Ekn B' Poor, small, insignif.
66 Arizona Cypress 9" Fair
64 Arizona Cypress 9" Fair, thin {
35 Arizona Cypress 9' Poor
50 Arizona Cypress 9" Poor
87 Arizona Cypress 9" Poor
• 102 Arizona Cypr"S 9' Poor
149 Black Jack Oak 9' Good
148 Block Jack Oak 9' Good, twin trunks
12 Cedar Eim 9" 3 Fair, overgrown wlbdw
4 Post oak 9" Fair, twin to no. 5
5 Post Oak 9' Fair, twin to no.4
75 Post Oak 9' 2 Good
• 122 Past Oak 9' Cool ! •
1 Sugadwrry Poor,smsil kwow.
136 Tote!
Pegs 3
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LIGHTING FIXTURE
DETAILS
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Symbol Lobel Description Type/ Lumens Llgbt Loss Mounting Notes: Spaulding Llghtirg Inc Watts Factor Height da
A S}S IOO W R 10123.0 ro04 III 1+00 O.T2 15,70 _ .PU av 4v -0,a
- - B - 0T-1000-W 111, 0.0 1001T W 110000 0.72 27.00
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AVERAGE FOOTCANDLES : 10.77 MAXIMUM FOOTCANDLES : 82,07
.ILr 41Ll 411 •LU aM 6] ran 4a 411 411 da da aw MINIMUM FOOTCANDLES = 0.00
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0EN10N L&MNAAR(l)R1 7.~.A3_-___ _ n
SFAULDINC LIGHTING INC.
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LIGHTING SPECIFICATIONS
FIXTURE TYPE POLE TYPE COMMENTS
HEIGHT WATTS
Lynx I Light Future 20' 400 w I MH Uesd only along the back d the site Wxt to ;
the residemba] lots
Detroit Light Fixture 27' I DD0 w I MH Used in the interior of the site
Sector Light Future BY 400 w I MH Used along the frost of the site fa the dispLy
of new can
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LYNX I&1I
AMICATIOMS
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COMSTRUCTIOM FEATURES
mouaft -One piece !Dried and wt#
ed alum4wm with V"Mal steel rern`
forcemeN Plate.
Optical Asaeaibll" -Clear, tem-
pored! W glass lens Is held in place With
sealant tape and sbc retw,rV ciPa Lens
door is one piece bmbd aluminum
hinged b hMAkV and secured Oth CP
five stainless steel sam A ow*xjous
EDPM gasket seals door b WAN-The
d, one
scoop shaped rellecior is specula(, linear We~afh~wDaitx housing
O FJOW
parabolic toward ft", PrrA6ng OP8
morn forward p 4adm Internal Ski-
"wourn re%cW bafEe provides elfective
rear adoff at I V from Haar.
Sa0aa2 - The ballast oomponerka are
mounted b a brined steel VW for ease
of Installation and NrAcing. Ballads are
HPF and starting rated b •2TF. BaNasts j
br Metal Makle are oOISW Wastage
aubtrarrsbraw while KO Preswre
SO66um are CWA wth elecuoric starter.
Mou nWQ Ann - 33!16' X 41111C
extruded alumirwm (6' lorg for W 1.10'
for LN ID. Mounting arm is St"AW With
W 3!a' rods and nuts for easy field doom
'Haire b
"W* of 1xn
pole. ,
FWah - Standard babod w Polyester
finish is dark brume. Other We" are wrlh NarrW aAcff bafle
ava'a ie.
SnW4n tempered glass We
LN LNI
EriaOMa Pro*W Area:
W - 1.7 .7 Sq. Ft.
j,
• r LNN - 2.6 94 FL 8.75110.75 f
3 - 73.25r28.437 - i
' j I 1<.'SJ18.846
J C'
WHITEWAY
A7
! t 1
/`.,''k 1 ill I,' Yl~4~1~~•`l1. [,y`, 1T'•}F la\F[~S
[ t
•
:r
LYNX
ORDERING INFORMATION
LAMP ORDERING' NET
WATTAGE NUMBER DESCRIPTION WTtiBS t''-`
METAL HALIDE l
175W 04"75-9 Lurtvwt with arm 8 ft glass lens 31
2T,OY+ LW 25044 u-T"rs with arm a %a4 dart W% 35 _
4oow U4400-M Lumrwo wa1 arm a am w" 3e
Jlt vim- *Uft soave
t 50W LNFt SO•FTTS Lumiain wtlr arm 6 fa3 last lend 32
35
26M 04-250-HPS Lun have weh mm d tat asa w s
Y,1 LM400-HPS Lumirwn wigs arm d 141 mass lent 31
U, J- a CSA LMIW
LYNX II
ORDERING INFORMATION
LAMP ORDERING' NET
WATTAGE NUMBER DESCRIPTION WTtiBS
LIETAL HALIDE
400W UAW-wo-M Lwrwm" wo arm a fat gw a Wts 63
10DOW L11L1000-m LLrrwwv with arm a W 94ss lord 75 _
HIGH PRESSURE SODIUM
400w U VW40aHps 4rmwo wdh arm & W gist lent 76
10" LM41000-HPS Ltrwwa wrlh wm A Fx &a 1a» 82
;i-7 'svd4t.+ra+s-rXi•1N7n,7,1.4Wa1R U.4aCSALWW
<,Aw,, oan sow roan * M ft oft &M, . rAmdo oivt wm"
OfnwNf OROEF" WOF#AAT10N FOR POLES & BRACKETS
DESCRIPTION , ORDER SUFFIX - SEE SECTION 0
pm"*Clrrt Cgmrd - BA-OL 120o - 277v PC
p,,oa Receclade - 46ov PR
W _ D;STANOE I ^ 1
Sr VW Fuse SF MOUNTING HEIGHT
Doa4 Fuse OF
IWFOOTCANOU CURVE: LNII.10DGM
LN1400M
60LU7C DIAGRAIA teil4l MOrY
FOOTCAMDM
SOLUx DiKfiAAI TC~ S
TV~ifS
5 - - - - MOLPTra 141x11
tclsrlDG wK wr 4 - 20' 25' 30' 3$' 40'
p. 25' 30' 35' 40
A 10 6.445 322.5
-t- 3
A 106.1113.225 B 5.03.2221.612
3 K3
• _ _ 8 5.0 32 22 1.6 11 2 C 2.0 11 as 55 .50
G I /
2 - - F- - _ C 2.0 1.2 59 .65 m 0 1.0 .54 .44 33 25 .
I ID D 1.0 .64 .M 39 25 Q E .70 .45 41 23 .16
1 - -
E 70 AS 31 23 .16 Fo _ F 50 -32 22 .16 .13 _
FRONT F 50 .32 22 .16 .17 `
0 - O 30 .11 .13 .17 16 • •
FO.AA
6 JO .19 .13 .10 .06 ~
1 3 2 1
3 2 1 778 t al Ns bw1 PVPWW A aocwdww "m es puUa an boo
proream t it mpnsrYaM of tr ww" WW vlow sov**vd
snd sW&edwmfto ss W"*0x*V WIM ow ceua+6%WVW
Wlti ITEWAY Aeoe.t 1 bbo slaty 6eb r1e.dlr~ AtbPKcrma pt
~ rte o-.wr M«u.. G,urvs gn. ism a rn s+r-rte
1195
.
DETROIT
APPMATFONf
Par" areas, auto IoK tennis courts,
and other no-gtare apptcatioom
FUTUM
LumkWre Fia»fng - A bold and
nWW extruded and welded Mx wtum
housing.
door mw", bulged, and latct t(
' tool-less enby. '
Optlcel Mwm* - Ow, lengered
flat glass lens notated in o*uded door
ft m& A sharp aAOA brward Cvvw ds
tnbudon Is poduced by a hig* epearlar
arwd¢ed alw*"n, W*w parabok
mftc r. The op" a,Mmbiy is w
a*stabie aAow4v go' mufjon br bfel
Wig baded m"
plated center contact and reinbrced
fame grip screw shot Ko Prweixe
Sodium soddta are poise ratod.
Be>peet Awsmbfy - Starting rated at
-2WF. Batwts br Metaf Haute 67" are
asts br Hgh Promm w
BaA W" _
type b I uwg an ee oei i ❑
lasts are Filth Power Factor. L -
fiim it+g - Flush mount to a square
pole Is standard
FWsh - Star,%d bWwd-cn polyester
paint "sh Is Da* ftm. For other fin-
wum wn%A factory. -
l I
Q
_ i
• Efledtw PrnjecMd Arm 3.8 Sq. Ft ~ ~ ~ •
WHITEWAY
0
All
• ur'wf ~ ~ 71 ~ f ty%'~1i~,!,; nr+ irf 9 Y1 Y~ r ~'r ; ~,s,4
DETROIT
olumiMa twom"T" .
LAMP ORDERING' NEf r'~
WATTAGE NUMBER DESCRIPTION WrAw j
METAL HALIDE
40OW DT40OWFT L47WWFf %Ah Im dtrf lane 128
I DoCW DT-IWM-FT Lww*Vs rill Mt 00" MM 130
HIGH PRESSURE 90!M111
40OW OT40WPS-FT Lawayer't!149gimIBM 130 _
. 2" 146
1000W DF700011PSFr Uarinal~*10 a
'nom .5p" "No .-`3A301,MMU7.410ahn r LLLACM Lbobd
4114x/ Ira - 04A a4eo "Z E M-Ara OHr tww rrra
0pTK S
DESCRIPTION ORDER SUFFIX
'Phm Raapfa (I OWW a 40v) PR
MuW- p BO" 112% 10 2TM MT
F EM TO POLES & BRACKETS SECT10N FOR ORDM4 NFORMArM
WfooTC"KE CURVES {Horizontal)
Luminaire Series: DT 10DOM-FT Lum*,rWm Series: DT 1000HPS-FT
4 60U1X DUCYUM " 4 so= OL04PAM u MrAL Nora
MOTCAAMS F
3 HOQKTM JOK 3 wtxmT MOM
20' 25' 30' 35' 40' 20, 25' 30' 35' 40'
2 2 A 22 14 10 7.3 5.5
_ A 22 14 4 1.3 5.1 - '
1 ! 11 7.2 5.0 35 2.! 1 O 11 T2 f° !.a LS
F E 0 4.5 21 20 1.4 1.1
c +s 3a 2.0 1.4 t t fncA~
FFCW
0 - ° D 2.2 1,4 1.0 .73 s
D 2.2, 14 1.0 n .Sa REM
RE
. 1 E 1.1 i 50 25 2i 1 E 1.1 50 m b
F .45 26 20 .14 .11 f 46 20 1 4 .11
2 - 2
4 3 2 1 0 4 3 2 1 0
•
i~
FLAM = DISTANCE
MOUNTMt3 HM W
7ht1 mW Aar Wen ptlpnvd h a xwdnor aih ES 9UA*6 07 *WV
• pondrtla k At npvwrim tir of "id'Ww bad WA rehwtdn W •
andsilp - m dlona wham opov" Mctxa ow cam ditwxea
beelar Lbw*xy dW and amat cell Pntrmnoa .
1
J
WHITEWAY
1 rA pawl Arau4. 010 rA O+a 4= {5131541.341
796
K r i1:
` rL V1 ~
1`Y •__'l .1-..+,.. . ~~`~~ior~sd s.}j t 4 `1'`tir~{_~`~._`i`~ ~~f' `4sa~~w, 4~. Sa C' t, ' t~
i
SECTOR
APPLICATIONS
Auto sale! Ids, terns carts, bddng hK",
signWboard, and ottw eppfcatiorr toWring
optinwm light control.
CONSTRUCTION FEATURES
Ltmhaire Housbtg -The sector series has
twin opfral assamDles wfh berdcad beam
spreads. Each optical head oona4b of two
reffecbr hat seat" made from a drudod afar -
minim, anodized processed to provide spear
lar or, diffuse %W*& hyper and totter ft how
are secured to a key camel bftV bar and
Is tampered clear, ale m and Pglsa
Lens
extruded one VAce fanned EPTT gasket to
ho lrnperaturs operatim Eadr assembly Is
second to he betel ocnpar"ani and orl-
anted to slang position by a sr,gle pivot and
bdd'g scow. Lamp servicing Is through a
gas od hmp oompartnerM acorn dDm
had securely by stews, on fie srd PkW.
8~ Coetpertrtwtt - Al "hum oon-
struejon with solection of two moWOkg
arrangements; Le tub. A ful Ierglt recaesed
access cower is grskatad for raintigit rating
and prwfd is total scesss to al b&W oompo•
nants. 2' hub model htdurda a unkwadiil
adjustable b%*kV plate tat b utltsed oft
cry Pole ahapa or waL
IMagral 84UM - Starting rated to PW Lodd g Screw
-20'F, West for Maul Halle twerps we con,
start wattage ■utctranakmw (CWN bpe•
Basest br High Pressure Sodken bulge are
constx+ wattage autabanslormer We UIN
an electronic starter esa,t. All ballasts are
HiM Power Factor
Mowd Ing - A 2' pipe treaded hub or oar
pig w1h a service wiry hru the wrier Is
necessary only for tha T hub model m4undng
The 2' alipfraer masted model can be
lr*aM with tv normal Y pipe n#ie" kdlvidusl
tenon. Interval
Aiming AdjuNmsrl--Each optical assemby Retest!
is secured to the sides d to bnlsat compwl-
mant watt a single Pvo( bcking scow. PhO
locking screw is taossbia erih bales! oom-
partneri oowr rarwrvd.
Lamphokfer - Encbsel mogul Mt*bn
tockat wt spring loads rictal plated 0~
contact and rahlomed lamp grip screw shot
agh Pressure Soiiun sokale an guise 360° fiofatbn -40 all
r J
rated
Lamps - Aocorrmodates 250 watt and 100 zrs ~T s s zrs y
woo Metal Halide and High Preean Sadsurn,
Ofwr wattage and fsmp tWas "-Wbla on
requerst
F'InM - Standard bakadon poster
pant fhWt Is Dark Bronze on optial 2~.s ti
20
assern* and and plates, mwriing, Mtir4s
r and bariast compartinent assembly.
Renwors are artod¢ed processed on both
internal and ademal surface!.
W w Dselgrtsd kw 4o and lbw M d Airft at:s
CV*
WHlTEWAY Efwellw Pro*W Am: 4.3 Sq. FL
ES
;;i ala"
•
•
:.r
SECTOR
ORDERING INFORMATION
LAMP ORDERING NET
WATTAGE NUMBER DESCRIPTION WrAw 4
METAL HALDE
250W SR'254►42 T," 20 x 5h b"M 52
250W - sw250-" no 5v x Sh bssm 52
4MW sFr1001F~2 7SPs N = Sh b"M 54
d00W sRVO0 u-ts 7yPd sv = Sn b"M 56
"H rpESSURE SOMM
25OW sFr250-HPS-42 71p 2v x Sh bssm 07
250W W25"P$4S TyF* 5v x Sh b"M 67
40OW W400-HYSi2 iAm 2v x Sh bmn 70
A" SRWC -H s T~pe Sv x Sh bwn 70
are ec•w ar.r ws. - T14 xs nv m, x~, ase ad. > ut U,L Jk CSA LLbd
orw W. wM." Ma v^"aa wW606 sn wawa
fp a0aen~l odwom xdr•w Lab" a
9Y'darda • M flaw re alrr xw?~ WrA b"
OPTIONS
DESCRIPTION ORDER SUFFIX
Aqus:xa. AJMJ be t Mrrq
ExWmisd sM A 0bbN k"
Fx UbW Aim4 SC
Squ» Pions SOvA on 0"oed Aswff t"s PS
$r~s Fuss SF
Dou bM F~va DF
Option "SC' - Extended Arms
-yti
•
7
• go's
WHITEWAY
1x c. kNiW, c.c-.x. OW um (5131 W-34M
7/96
c,
•
R• M { _
I 11r~Y•4~_r/I~r ♦ f T
m W.
M-0 07
♦
r
~rtnrl5axr.~c~ i~f }e : 1
l._
Aqz-
wlnrnat we
i \ 40
1i
r
•
•
•
Man
Lassam-fdaCgIL
♦r.~ r~~ W . v.+~r.~ 111
wr ~.'TiI1~1.Y.l IRr ~IW ~l rr'
u•II~AM MIA~~ y'
22 3FIm-
-loror
MA A.Y iY. IW I ~ ~ rI.
~~..o - ~.•aa '~.e' \ rte. 3
'bS'►7.'?'.Itf l7C• 1. ~ " 't1+~ 1
Lip]
l f l;1~ Jh,
LANDSCAM KM
1 1 _
~0 047" W-1
ft I
40 AAA.
•
•
Tr~nw im~l lwaal 011 n~i lwn+ i d1 l'T es~ +Iw~}tia wr~w r
Soa}d l rtry r1c ta1~._ I«ler 11\r t
\ fll q ~ w M!L M IA .n nM V Y b1 Y
_ r n ~r MY ww ~ wer \ n rJl .n Y Y r r .w Y
_ _ < lM Aw JI MY 11.11) IIRJ Ln Ry Y Y Y Y Y Y Y V Y
WM
fr Ipl 1w.1\ Ilq w In
\ pq! TI1iY_ .\I.M \.J~ lM R~ YM..rY YYYY qY
41p .CM Y r u r r Y V V r
_QS I \r.q .i M1.U '1!\ 1Y lM Mm
\YER\f4 f001CUW\E5 . 10.71
\ X" {OOICAIQCS • IZZI Y r M Y Y Y Y Y Y V Y 1
W"" FOOTC\MOLfS 1 0.00
_ _ _ Y V Y V Y Y Y Y V Y Y V
Zu.yY J~~ V Y Y N ! Y Y M YVY Y
V M « R r V Y Y Y N Y Y Y
y y~.IYY •VYY..Y VNrYr
r yy ~/r/N YM' VYUYY YYYY
11 V V/~1 .y ~..Y Y YY Y .YYY Y YV r
yM /Y+Jr 4.IY +y ......YYYY
H \ Y Y V+ ~ Y V Y V Y Y Y Y N V Y V
_1 y//Yy .J.a . YY YYY YV
yVR~ Va. ry .4I~. Y..YN..
VV ` +y~ MCI, NY VU YVY.
V.~•Yr ~ YIY ~ r .1Y
al y
~ Y ~i Y Y y i1
\ ..Y ~ YJ d y
_L y..
Y V
y V r
Y Y aR.. Y1~Y Y r N II ~I
YYY ./IY a\ q y
Y YIr1 Y Y ~ Y Y1
• / VV/ / ./}Y\Yr Y i yy
1 C.. ya~Yr •Y Y. OI
1/ . Y V Y I .F~ y Y +J I R1
I 1f+ rYy~ ~ .11 ~ Y 1J Y .I
. III vY JaJY Yr.
I
V Y V Y Y Y Y M
Y V V Y Y Y Y Y Y.
• YYY YY Y.Y Y• •Y I •
YYV rYYYYYYY VYYY V.Y ,
Y V V. w IY
w IaM.aM' ~I
IWLOMG LIGMfHG NC.
*k
1s ,
•
r r:1i:.#V:-4•sv.'r+wr•.r.n r..r.a.~r-~....~_- '
f
rl~'
~1y10
,
AKMnM
"wt
-MLML wAlAw
Iff 1
I. \1 Mr
OEWON
LRCOLX-
1eNfiE ~
~.rr i~rr 4
DETAU
w w ~.+.n. ~ wu ww.~
r r . it •s r Y~-1 1i7~L71~ F
r..r~ NroY I `
-L m 1. ~ = I: ? t Z-rte L_ ~.►1
r s I- {I
t
_
V
~plffll MTAII s
1 4•
Y;
Cyr.
•
i
i~ C~ 0 13yI
i
LIGHTING FIXTURE
DETAILS
,
r•_ • '.Y~ A t . i~TO~, X~y;~~a ~y4t 5e, ~ ~ ~ Y.y+~. 1.
i
a:
LIGHTING SPECIFICATIONS
FIXTURE TYPE POLE TS'PE COMMENTS
HEIGHT WATTS
Lynx 1 Light Fume 20' 400 w J MH Uctd only aloag dw back of the site text to
the ra:deard l.ts
Detroit Light Fixmm 27' 1000 w / MH Used in the Wetiat of the site
Sector light Ftxaze 133, 400 w / MH Used along the front of the site for the display
new cars
•
3 r
_ 1L ~y
LYNX I&II
APVIXXnParking areas, entrances, nwinas, W
food ids and oexrr m 4m
COf#MLI=OM FEATURES
Howkv -One piece tt rn a and weld-
ed alunwxxn with hemal steel r*F
torcement plate.
Opdcd Aseemb W - Clear, tern-
pered, flat glass fens is held in place with
se"t tape and six retaining dips. Levu
door is one piece tamed alkv inum
Wqed to housi and secured wah
cap-
tva stainless steel screw. A ow6x*A
E DPM gasket seals door to housing. The
scoop shaped reflector a spealarr 4»ar VVeaow proof, one piece
pa~ f aki- tmed akr nm housing
maim m%cW baffle provides e%dye
rear cutoff at 1 Cr hnm nadir.
Babet - n . a I P A O st ownporwo are
rnotx W b a brined sbW tray for ease
of 6 statlatfon and sa dng. Ballasts are
HPf and starting rated io •20°F. Belssts
for Metal Halide are corstant wattage
autotransbrmer, whAs F60 Pressure
Sodpim are CWA with oW orw staAx.
Moun*v Arm - 33AC x 4111le
extruded Wwk- m (6- brq for LN f, 1(r
br LN 9). Mojr6V arm is suppled with
bur 34% rods and (X& for easy field CoidnLon
assembly a kminefre b pole door ga"
For M - Sw xiwd baked-w poyester
kish is dark brume. Clear Rriushes ore SPOCL4u perabo6c rMlector '
aMaWAR. with inWnW reacurt4B baffle
Sealed-C tempered Blase lens
LNRM
Et*cM PmocMd Ana:
LM -1.7 $4 Ft -
LM - 2A Ft
232WS.437
00
14.Sr1 NS
WHITEWAY
li
r~ I.. , Y1,,.t ,rte ~ 1, ~r~t"ni r^'ir -~.w°j yr_~~,1✓Y ~ ':.A~. 1...._ off; . t~qq „ t ^p -P-,.i,„^~
•
LYNX 1
ORDERING INFORMATION
LAMP ORDfiRM. NET
WATTAGE NUMBER DESCRIPTION WrAw
METAL HALIDE
175W L*175-At Lwwlam with arm a ow clam fan 31
2WW LNF260-f`1 Layvwa wth arm a has gim brae 35
y}7}~ L~Wl wM arm 6 Oat 9"S kn 36 _
MI4H PpES"E SiOD1Ula
1 SGW Lt11-1 so-Nrs i,unirrir. wni arm a nai gt+as we 32
2~oW L 25O-HP8 Lwrvwl wth am A W gala kn 35
LNI-400-FPS Lea WWO Wm arm a W gw" wm 31
LLL. a CSA LJatad
LYNX II
ORDERING INFORMATION
ORDERING. NET
AGE NL"ER DESCRIPTION WrAzs
WUAL HALJDE
40O W LN OJ04Y Lwrwwo wth arm A am gaol aw 63
t 000W LNF I OODb1 Lx Wam wrdr arm a bt gaff Marta 75
HGJ1 PNESSLINE 500111M
laartinsa wial arm 8 a7f 01aM Nrr -
400W LNQ-4MHPS 76
1000W LN41000-HPS Fw w*" WA) &M a Ml &a- Mn 02
5a0ru tpwr err.arp -+an a a m m, 347.4% a wr. tLL A CSA Llafad ,
tw. D" b" "Zrrr+iitX. wrr ..rw oen Ab>
OPTION: ORDERING !•OFWTION FOR POLES i BRACKETS
DESCRIPTION ORDER SUFFIX ...SEE SECTION 0
pnolodacsbCoewd- 120+-2TN PC
PA
a.h~a - 460v
Pnaro ►Yts 3
Ssigfa mmr&g BrartM SF RATIO ' DISTANCE FUN MOUNTM HEIGHT
DouW Fua DF
ISOFOOTcANDU CURVES LNII-1000M
LNI-400M SOLUX aA0i1AA1 arr1N
Fo17rr vCM
17laGRAAt
60W% MrvuPCM 5
1aDTCNa es fa0Lanq HEKW
s arol+Ra+o Hra.r 20' 25' 1C 35' 40'
s
20' 25' 30' 35' 40'
A 10 x44.4322.3
3
A 10 6.4 4.1 32 2.3 6 So 12 22 19 12
e 3
B so 3.2 22 1.6 12 2 c 20 12 M .SS so
2 c 2.0 12 Am as !0 D 1.0 .64 .44 33 -Z
1
D 1.0 .64 .14 .Si 25 d E .70 .45 .31 27 .16
1
B E TD .45 .31 27 .16 FRONT
F 50 .32 .22 AS .11
• a F SO 32 22 .16 .13 0 .10 .19 .13 .10 .09 • •
s 0 90 .19 .13 .10 .f19 1
1 3 2 1
3 2 1 re" rgW has bW pnl0&W J1 awwdwa0a GYM ES peidm axe ra3'4
per, a,a,.:, R s,ga.auwa. of urti+a:u rata u'bw fWdretx+a
rd sia641aa0corsd6orra tyiea,a aoara*q belra aa'1 On,ss Q6Ynraeaa
WH ITEWAY
r'M tnmr+ w.1a cna+W. Ge ~1a7'1 A rS Sfr-7A1 '
1195
j
•
DETROIT
APMXA"OM
ft" areas, auto lots, terms carts,
and cdw r*Owe app1caborm
COOOTRUOM" FEATI M
tuminalre HoushV - A bold and
nrgged ®rtruded and welded Asniw"
hoksing, ,
Door Frame - Extuded, tufty gcslke!ed
i
door assembly, *04 and latched for
boldess army.
f~atttat giass lens instaAed extruded duo"
trarne. A sharp aAOft forward dr w dfs-
trPxrtion is produced by a NgF>ty speaAar
arwdaed akxnVw, k" parabo4c
relecior. The optical assembly a W
adjustable aiowwv 90' rotation for iota!
CK>f+t tlexbiky.
socket with wtv Ptid
plated ow*c contact and reinforced
lamp Rip screw shed. Ffiplr Pressure
Saikm sockets are pufee rated.
BallMt Aaem" - Siartjrp ra ed at
•20°f. Badesb f :Aortal Hafde fames are
coretant wattage akAoOanabnne" type.
Bafssts for Figh Pressure So*m lamps T Q
are constant watmpe aufotwabrmer w „
type using an eleotro* starter. Ad Dad
Wsts are Ho Pow Factor.
Mwr" - Rah n>ourt b a egwre
pole is standard
FWah - Starderd Naked-on polyrester
paint finish B Do* Bronze. For other fin-
ishes, corwAt tactory.
E~ /f
V
a
i L--Y
t It --am r r.
E%cg" Pm)oc*d Area- ae Sq. Ft +
k
WMEWAY
All _ f 1~.'1 J liy ♦4 ~ 1
il1:~_lYS ti
ar -
• DETROIT
ORDE IM MFOFdMT q
I LAMP NET
WA7Ti+~'3E ~UMER DESCAIF7T10N WTA.BS f
METAL HAUM
4" OT•40OM-FT Wr"" w0h tot ¢r WN 128 _
1000W DT-1000M-Fr Lumin*0w*.J w*.JA Ions 138
NIGH PI!^30URE t100aA1 . ,
400W DT4OM4'8FT LurkukvmvIYO1M1tow 130
1000W DF 100omps-FT LW*4h oft 1i O11M %M 148
; rc Z; J; bAW vomp U0 m 04L 177• W. r0 v kfL LLL a C&t LI611d
4p~ ooW -0~4Iww~ lD1A Y ~.~?r.04r f4Yw n0ah '
OPTION
DESGFMPTION ORDER KWU
-P vw R/a.Ohd. (100017 a Aw PR
IA"B" (1201 b 27M WT _
10 8 TO POLES & BRACKETS SECTION FOR OROEFM WOFWTION
(Hmzor* %
Lurnheire Series: DT-1000M-FT Lu rwWre Swim DT-100"S-Fr
4 Gowx W GRAM 1'41NL No 4m 4 lOU77( p/dtAY U .
/170•fJVa~6 t/ '
3 7f14ft74710in' 3 YDU1111B IC10177
W 25' 30' 36' 4C m 3s 3C 36• +o' .
A 22 11 to 7Jis A a 14 107J 13
1 6 It 72 1,6 7.6 21 1 0 11 72 i0 3.1 !J -
F E - c 46 2J to 1.4 1.1
FWir lit 1 C 4.1 22 20 1.4 1.5 FTIOM7
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:sends Ko. ~ ~Q
CITY COUNCIL REPORT Oil$
rts ,
ham
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Howard Martin, Assistant City Manager for Utilities
DATE: DECEMBER 16,1997
SUBJECT: STRATEGY COMMITTEE TO STUDY AND ADDRESS THE IMPACT OF
ELECTRIC DEREGULATION ON THE CITY OF DENTON
RECOMMENDATION:
Appointment of City Council Member to strategy committee to study and address the Impact of
electric deregulation on the City of Denton.
BACKGROUND:
The 1997 Denton Municipal Utilities Management Study reeonsmeodation 7-8 states:
"Since the impact of the deregulation Eune Is the number oat threat facing t1e City of
Denton, It Is imperative that City Management foem on strategies to address this
dynamic Issue. It Is strongly recommeaded that the Executive Director form a strategy
committee comprised of it City Council Member, PublIc Utility Board Member, Electric
Utility Director, City Manager representative, Finance Director, UtRity Legal Counsel,
and other special consultants as required to develop strategies and Implement actions to
protect the City's Investments"
This committee will play a vital part in guiding staff's efforts to deal with the electric utility
stranded Investment issue.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Electric Utility
FISCAL IMPACT: I
• None.
1
Respectfully Sabmitted:
~ t Y
10 and Martin, Assistant City Mansger for Utilities •
Prepared By:
Sh ron Mays, Director oflectrk Utilities
VVVV .
•
•
Apenda No. 7 S~
Agenda Item 93
CITY COUNCIL REPORT Date_
TO: Mayor and Membws of the City Council
FROM: Howard, Martin, Assistant City Manager of Ut&ties
DATE: December 16, 1997
SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR
THE CONTROL OF BACKFLOW AND CROSS-CONNECTIONS;
REGULATING THE PROTECTION OF THE CITY'S POTABLE WATER
SUPPLY, PROVIDING PROTECTION ASSEMBLIES AS REQUIRED,
PROVIDING FOR A MAINTENANCE AND TESTING PROGRAM FOR
SAID ASSEMBLIES; PROVIDING FOR A PENALTY OF 82,000 FOR
EACH VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR A
SEVERABILITY CLAUSE PROVIDING FOR A REPEALER: AND
PROVIDING AN EFFECTIVE DATE.
RECOMMENDATION:
The Public Utilities Board and Staff at their Meeting of November 17, 1997
recommended adoption of the Cross Connection Ordinance to protect the
public from contamination or pollution from a possible cross connection or
backflow entering the potable water supply.
The Texas Natural Resource Conservation Commission requires municipal
water suppliers to enact a cross control ordinance that stipulates that all
backflow prevention assemblies be tested upon installation by a recognized
backflow prevention assembly tester who is certified by the State of Texas.
After installation all assemblies in high hazard installations shall be tested
annually.
BACKGROUND:
A cross connection is a connectiun between a drinking water supply and a
• possible source of contamination or pollution. A cross connection can be a
direct connection, a connection that under certain circumstances can allow
already used water to return to the potable water supply lines or be caused
by improper plumbing fixtures. Backflow is the reversal of normal flow due
to an increase in the downstream pressure above that of the supply
pressure. _ 46
As an example of this, in the State of Washington a car wash owner had a
pump break down that recycled reclaimed water to the scrubbers. To keep
his operation going until he could get his pump repaired, he temporarily ran a
line between the potable water supply within the car wash and the scrubber
•
•
City Council Report
Cross Connection Ordinance
Page 2
cycle piping. The following Monday he installed his repaired high pressure
pump and resumed operation. The problem was that he forgot to disconnect
the temporary line and his newly repaired high pressure pump promptly
pumped a large quantity of reclaimed water out of the car wash and into a
12-inch water main in the street. The result of this was the contamination
of 100 blocks of water mains.
The goal of the cross connection ordinance is to prevent theso types of
situations by requiring the installation and inspection of appropriate control
devices in private plumbing systems. The provisions of this ordinance will
become Article IV 'Water & Sewer Service' of Chapter 26 of the City Code,
Sections 26-129 through 26-141.
I
The ordinance has two major components. The first sets up a certification
program that supplements the existing plumbing permit issued by Building
Inspection for new buildings or buildings undergoing substantial
improvements. Under this new program, a Customer Service Inspection
must be made for new construction or major improvements to existing
plumbing systems. Building Inspection will perform this inspection and
complete the certification form prior to water service being provided to the
site. These certification forms must be kept for at least ten years.
The second major component of the proposed ordinance deals specifically
with backflow prevention assemblies. During the review of plumbing plans,
staff shall determine the potential for a contamination problem to occur at
each site. Depending upon the degree of risk or hazard, the City shall require
the owner to install an appropriate backflow prevention assembly. The
ordinance also allows the City to inspect private plumbing systems to ensure
that no hazardous situations exist and that prevention assemblies are being
maintained properly.
•
Backflow prevention devices for more hazardous situations, called backflow ~
prevention assemblies, must be tested by a certified tester, and the results
of the test must be filed with the City. Those assemblies serving high
hazard sites must also be tested at least annually and the results filed with
Water Utilities. Water Utilities will track these high hazard locations and
notify those property owners annually of the need to conduct a retest and • •
file those results with the City. Examples of high hazard locations include `
hospitals, car washes, dry cleaners, film processing stores, mortuaries, JE
plating plants, laboratories, and certain types of fire suppressant systems. As
required by the State, backflow prevention assembly test reports will be kept
for a minimum of three years. qq
i
.r
i
City Council Report
Cross Connection Ordinance
Page 3
The average price of a test ter a backflow prevention assembly varies from
$75 to $175, depending upon the type of control assembly being tested.
The proposed ordinance states that owners of backflow prevention devices
are responsible for the cost of installing, maintaining and testing of these
assemblies. There are over thirty testers registered with TNRCC who work
within thirty miles of Denton. Seven of these are local in Denton. Testers
will be required to register with the City, hold current certification from the
TNRCC, pass an exam on the City's ordinance, be certified in confined space
entry, and maintain current liability insurance. Testers will be responsible for
annually certifying that their testing equipment is in good working order.
Upon adoption of this ordinance, we will send letters to local testers,
builders and plumbers to notify them of this program. We also will be
notifying the public of how they will be affected by publishing a brochure
that Building Inspection can distribute to people applying for building permits.
The ordinance provides for several different remedies for violations of its
provisions. Water service can I•e denied initially or discontinued for existing
services. City staff can also perform the tosting on the assemblies for fire
suppression systems and back charge the system's owner for the cost of the
testing. Violators can also be fined.
Three City departments helped in the preparation of this ordinance, and
these departments will oversee its implementation. The Fire Marshal will be
responsible for the application of the ordinance to fire suppression systems.
Building Inspection will perform the Customer Service Inspections and
coordinate the initial testing of backflow prevention assemblies. Water
Utilities will oversee the annual testing of high hazard installations and
archiving of records.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Citizens of Denton, Builders, Plumbers, Denton Municipal Utilities, f
Denton Fire Department and Denton Building Inspection.
~ FISCAL IMPACT:
For the initial implementation of this program, the departments involved will
absorb the City's costs. After we have gained experience with the program,
the City may want to evaluate whether charging a permit fee.
City Council Report
Cross Connection Ordinance
Page 4
Submitted by:
Iloward Martin,
Assistant City Mana r of Utilities
Prepared by:
Ji Jord , P. E.
Interim Director Water/Wastewater Engineering & Field Services
Exhibit I Highlights
Exhibit II Ordinance
I.
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Highlights of the Proposed Cross Connection
Ordinance
Section 26.129:
• States the purpose of the ordinance
Section 26-130:
• Definitions
Section 26.131- 26.132:
• Establishes the responsibilities of City Staff and Users.
• Property owners are responsible for installing, testing,
and repairing backflow assemblies and complying with
the ordinance.
Section 26.133:
• Customer service inspections are required for all new
construction or substantial rehabilitation work on ,.f .
plumbing systems.
Exhibit I
7 =11.
•
•
. I
Section 26.134:
• Outlines the procedures to follow to prevent cross
connections for a variety of situations.
• Customer's plumbing systems shall be open to
inspection at reasonable times.
• Superintendent may disconnect the water service lines to
properties violating this ordinance.
• People using mobile units that connect to the water
system on a temporary basis shall obtain a permit to do
so and follow certain safety precautions.
Section 26.135:
• Wholesale customers of the City's water service shall
have their own cross connection prevention program.
• Section 26.136:
• Baclcflow prevention assemblies must be tested upon r
installation, whenever moved or repaired, and at least
annually for assemblies for high hazard uses.
Exhibit I
.;:...,.....:....n.r+srrn:..rsr~.wr.aNz•c;lsiJatk',Cn i.:cA't*lOR`tiM63Y111~~'h'
Section 26.137 - 26.138:
• Testing must be done by a certified tester who has
registered with the City for performing tests within the
City.
• Testers must have liability insurance and meet certain
other criteria.
Section 26.139:
• Falsifying Information
Section 26.140:
• Persons violating this ordinance are subject to a fine of
$100-$2000 per violation and each day that the offense
occurs is a separate offense. They must also pay for
any damage or loss incurred by the City as a result of the
violation.
Section 26.141:
• • Repealer clauses
Exhibit I
17,
7 Z7
•
•
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE CONTROL
OF BACKFLOW AND CROSS-CONNECTIONS; REGULATING THE PROTECTION OF
THE CITY'S POTABLE WATER SUPPLY, PROVIDING PROTECTION ASSEMBLIES AS
REQUIRED, PROVIDING FOR A MAINTENANCE AND TESTING PROGRAM FOR SAID
ASSEMBLIES; PROVIDING FOR A PENALTY OF $2,000 FOR EACH VIOLATION OF
THIS ORDINANCE; AND PROVIDING FOR A SEVERABILITY CLAUSE PROVIDING
FOR A REPEALER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Texas Natural Resource Conservation Commission ("Commission")
requires that municipal water suppliers enact a cross-control ordinance which implements a
cross-connection program which generally provides that all bac?:flow prevention assemblies be
tested upon installation by a recognized backflow prevention assembly testor who is certified by
the State of Texas; and
WHEREAS, the City, in the interest of the public health of the community in order to
protect the public from contamination or pollution from a possible cross-connection or backflow
entering the potable water supply, and in order to comply with the applicable Commission
requirements, desires to implement this ordinance providing for the control of backflow a.w
cross-connections; and
WHEREAS, the City has provided for an enforcement group to promote the health,
safety, and welfare of its residents to facilitate and enforce this ordinance, in order to safeguard
the City's potable water supply; NOW THEREFORE,
THE COUNCIL OF THE CITY GF DENTON HEREBY ORDAINS:
SECTION L That Article IV "Water and Sewer Service" of Chapter 26 of the City
Code is hereby amended to provide new Sections 26-129 through 26-141 which shall read as
follows:
Section 26.129 Backflow and Cross Connection Control:
a) To protect the public potable water supply of the City from the possibility of
• contamination or pollution by isolating within the City utility customer's internal
distribution system(s) or the customer's private water system(s), from such
contaminants or pollutants which could backflow into the public water system; and,
b) To protect the public water supply of the City from the pussibility of contamination
or pollution by isolation of the customer's distribution system(s), which includes
provisions for backflow prevention. _
• • O
c) To promote the elimination or control of existing cross-connect ions, actual or
potential, between the customer's internal potable water distribution system(s) and
non-potable water systems, plumbing fixtures and industrial piping systems; and,
t
EXHIBIT 11
•
d) To provide for a continuing program of cross-connection control which will
systematically and effectively prevent the contamination or pollution of the Water
System.
Section 26.130. Definitions
a) SUPERIA7ENDENT. Means the Superintendent of Water Utilities Field Services of
the City of Denton, Texas under the supervision of the Executive Director of
Utilities, Assistant City Manager For Utilities, hereinafter referred to as "Director"
b) APPROVED. Means accepted by the Superintendent of the City as meeting an
applicable specification contained in this Ordinance.
c) AUXILIARY WATER SUPPLY. Mears any water supply on or available to the
customer's premises other than the approved City public water supp?y. These
auxiliary waters may include water from anothew public potable water supply or any
natural source(s) such as a well, spring, river, stream; "used waters"; or "industrial j
fluids". Auxiliary waters may be contaminated, polluted, or may be objectionable
constituting an unacceptable water source over which the City of Denton, Texas
water utility does not have sanitary control
d) BACKFLOW. Means the reversal of the normal flow of water caused by either back-
pressure or back-siphonage.
e) BACK-PRESSURE. Means the flow of water or other liquids, mixtures or
substances under pressure into the distribution pipes of a potable water supply
system from any source or sources other than the intended source.
f) BACK-SIPNONAGE. Means the flow of water or other liquids, mixtures or
substances into the distribution pipes of a potable water supply system from any
source other than its intended source caused by the sudden reduction of pressure in
the potable water supply system.
! g) BACKFLOW PREVENTER. Mears an assembly, device or other means designed to
prevent backflow,
I. AIR-GAP. The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying wrier to a tank,
plumbing fixture, or other device and the flood level rim of said vessel. An v
i approved air-gap shall be at least double the diameter of the supply pipe measured ! !
vertically above the top of the overflow rim of the vessel and in no case less than I
one inch (1").
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2. REDUCED PRESSURE PRINCIPLE ASSEMBLY. An ass.Knbly of two
independently-acing approved check valves together with a hydraulically
operating, mechanically independent pressure relief valve located between the
check valves and at the same time below the first check valve. The unit shall
include properly located test cocks and tightly closing shut-off valves at each end
of the assembly. The entire assembly shall meet the design and performance
specifications as determined by a laboratory and field evaluation program
resulting in an approval by a recognized and approved testing agency for
backflow prevention assemblies as listed in this ordinance. The assembly shall
operate to nuintain the pressure in the zone between the two check valves at an
acceptable level less than the pressure on the public water supply side of the
device. At cessation of normal flow, the pressure between the two check valves
shall be less than the pressure on the public water supply side of the device. In
case of leakage of either of the check valves the differential relief valve shall
operate to maintain the reduced pressure in the zone between the check valves by
discharging to the atmosphere. When the inlet pressure is two pounds per square I
inch or less, the relief valve shall open to the atmosphere. To be approved these
devices must be readily accessible for in-line testing and maintenance and be
installed in a location where no part of the assembly will be submerged
3. DOUBLE CHECK VALVE ASSEMBLY. An assembly of two independently
operating approved check valves with tightly closing shutoff valves on each end
of the check valves, plus properly located test cocks for the testing of each check
valve. The entire assembly shall meet the design and performance specifications
as determined by a laboratory and field e,,,iluation program resulting in an
y for backflow prevention
approval by a recognized and approved testing j,-em
assemblies. To be approved under the terms of this ordinance, these assemblies
must be readily accessible for in-lice testing and maintca.orrce.
4. AP.tfOSPHERIC VACUUM BREAKER. A device which prevents back-siphonage
by creating an atmospheric vent when there is either a negative prLisure or sub-
1 atmospheric pressure in a water system.
5. PRESSURE VACUUM BREAKER. A device containing one or two
• independently-operated spring-loaded check valves and an independently-operated
spring-loaded air inlet valve located on the discharge side of the check or checks. i
Such a device includes tightly closing shutoff valves on c h side of the check
valves and properly located test cocks for the testing of the check valve(s).
• h) BUILDING OFFICIAL. Means the Building Official of the City. y •
J i) COMMISSION. Means the Texas Natural Resource Conservation Commission or
any successor agency.
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j) CONTAMINA770N. Means an impairment of the quality of the potable water by
sewage, industrial fluids or waste liquids, compounds or other materials, to a degree
which creates an actual or potential hazard to the public health through poisoning or
through the spread of disease.
k) CROSS-CONNEC770N. A cross-connection means any connection or arrangement,
physical or otherwise, between a potable water supply system and any plumbing
fixture or any tank, receptacle, equipment or device, through which it may be
possible for non-potable, or used, or unclean, or polluted or contaminated water, or
other substances, to enter into any part of such potable water system under any
condition.
l) CROSS-CONNECTION SEC170Nr Means any physical connection or arrangement
of piping or futures between two otherwise separate piping systems, one of which
contains potable water and the other non-potable water or industrial fluids of
questionable safety, through which, or because of which, backflow may occur into
the potable water system. This would include any temporary connections, such as
swing connections, removable sections, four-way plug valves, spools, dummy
sections of pipe, swivel or change-over devices or sliding multiport tube.
m) CROSS-CONNEC770N - CONTROLLED. Means a connection between a potable
water system and a non-potable water system with an approved back-flow prevention
assembly properly installed and maintained (so that it will continuously afford the
protection from the hazard of backflow).
n) CROSS-CONNECTION CONTROL BYCONTAINMENT. Means the installation of
an approved backflow prevention assembly at the water service connection (meter) to
any customer's premises which shall be required if determined by the Superintendent
of Water Utilities Field Services.
o) FIRE MARSHAL. Means the Fire Marshal of the City.
p) HA7ARD, DEGREE OF. An evaluation of the potential risk to public health and the
• adverse effect of the hazard upon the potable water system which may include,
without limitation:
1. IL4ZARD - HEALTH. Any condition, device, or practice in the water supply
system or its operation which creates or may create, in the judgment of the
Superintendent, a danger to the health and weU-being of the water customers of
• the City. • •
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2. HAZ4RD - PLUMBING. A cross-connection in a customer's potable water
system that has not been properly protected by an approved air-gap or approved
backflow prevention assembly.
3. HAZARD - POLLUTION. An actual or potential threat to the physical
properties of the water system or to the potability of the public water system or
the customers potable water system which would constitute a nuisance or could
reasonably cause damage to the water system or its appurtenances, but would
not be dangerous to health.
4. HA7.4RD - SYSTEM. An actual or potential threat of severe damage to the
physical properties of the public potable water system or the customers potable
water system, or of pollution or contamination which would have a protracted
effect on the quality of the potable water in the system.
q) IADUSTRIAL FLUIDS SYSTEM. Means any system containing a fluid or solution
which may be chemically, biologically or otherwise contaminated or polluted in a
form or concentration such as would constitute a health, system, pollution or
plumbing hazard if introduced into an approved water supply. This may include,
without limitation, polluted or contaminated waters; all types of process waters;
"used waters" originating from the public potable water system which may have
deteriorated in sanitary quality: chemicals in fluid form; plating acids and alkalies;
circulating cooling waters connected to an open cooling tower and/or cooling towers
that are chemically or biologically treated or stabilized with toxic substances;
contaminated natural waters (such as from wells, springs, streams, rivers, bays,
harbors, seas, irrigation canals or systems, etc.); oils; gases; glycerine; paraffins;
caustic and acid solutions; and other liquid or gaseous fluids used in industrial or
other processes, or for fire-fighting purposes.
r) POLLUTION. Means the presence of any foreign substance (whether organic,
inorganic, or biological) in water, which tends to degrade its quality so as to
constitute a hazard, or impair the usefulness or quality of the water to a degree
which does not create an actual hazard to the public health but which does adversely
and unreasonably affect such waters for domestic use.
s) WATER - POTABLE. Means any water which, according to recognized standards
meets the requirements of the Texas Department of Health for human consumption
and other domestic uses.
t) WATER - NONPOTABLE. Means water which is not safe for human consumption or
• which is of questionable potability. • •
u) WATER - SERI:rCE CONNECTION. Means the terminal end of a service connection
from the public potable water system; i.e., where the City loses jurisdiction and
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sanitary control over the water at its point-of delivery to the customer's water
system. If a meter is installed at the end of the service connection, then the service
connection shall mean the downstream end of the meter. There shall be no
unprotected takeoffs from the service line ahead of any meter or backflow prevention
assembly located at the point of delivery to the customer's water system. Service
connection shall also include water service connection from a fire hydrant and all
other temporary or emergency water service connections from the public potable
water system.
v) WATER - USED. Means any water supplied by the City from a public potable water
system to a customer's water system, after it has passed through the point of delivery
and is no longer under the sanitary control of the City.
w) USER OR CUSTOMER. Means any individual, business, or similar public or
private entity who buys City water for use in their own customer system.
x) WATER SYSTEM. Means the City water system which consists of the source j
facilities and the distribution system and shall include all those facilities of the City's
water system, up to the point where the customer's water system begins including,
without limitation, distribution lines, treatment plants, reservoirs, pump stations,
mains, residential do commercial connections, and any other parts or components
that comprise the public water and wastewater system of the City. Additionally the
following terms shall mean:
(1) Customer's System. The customer's system means those parts of the water
system facilities beyond the termination of the City's distribution system which are
utilized in conveying utility -delivered domestic water to points of use for its
customers.
(2) Disiributlon Svsiem. The City's water distribution system shall include the
network of conduits used for the delivery of water from the source to the
customer's system.
(3) Source The water source shall include all components of the City's water system
facilities utilised in the production, treatment, storage, and delivery of water to the
City's water distribution system.
Section 16,131, Responsibility.
a) The Director through the Superintendent shall be responsible for the protection of
the public potable water distribution system from contaminants or pollutants
through the customer's water service connection and is hereby vested with the
• authority and responsibility for the implementation of an effective cross control • •
program and shall enforce the provisions of this ordinance. If, in the judgment of
the Superintendent (or his designated agent), an approved backflow prevention
assembly is required (at the customer's water service connection or within the
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customer's private water lines) for the safety of the public water system, the I
Superintendent (or his designated agent) shall give notice in writing to said I{
customer to install an approved backflow prevention assembly or assemblies at
specific location(s) on such customer's premises. The custorer shall immediately
install such approved assemblies at his own expense; and, failure, refusal or
inability on the part of the customer to so install, have tested and maintain said
assemblies shall constitute a ground for discontinuation of water service to the
customer's premises until such requirements have been satisfactorily met.
b) The Building Official, through the Code Enforcement section, shall assist the
Superintendent with the enforcement and implementation of this Ordinance. The
Fire Marshall will also assist the Superintendent with enforcement and
implementation of this Ordinance. The Fire Marshall shall coordinate the annual
testing of applicable backflow r;evention assemblies with other required annual
testing of fire suppression sy~:ems as provided in this ordinance.
Section 16.132: Responsibilities Of Users.
a) All property owners, lessees, and tenants shall obey the provisions of this
Ordinance. If changes are made to the plumbing system of a customer, the
property owner shall notify the Superintendent or the City Building Official.
b) The owner of leased premises is solely responsible for the installation, testing and
repair of all backflow assemblies on or about the leased premises. When the
lessee or tenant changes, the owner shall immediately notify the Superintendent.
c) The cost of complying with these regulations shall be the responsibility of the
property owners and their lesser , These costs include but are not limited to
purchasing, installation, testing aril air of the backflow assemblies. Such costs
shall also include point-of-use and premise-isolation assemblies. The owner or
lessee shall reimburse the City for any extraordinary costs or costs of actual tests
or corrections performed or incurred at the premises by the City.
Section 26.133: Customer Service Inspections.
1 a) For those users who have applied for a building or plumbing permit from the
Building Official for new construction; or substantial rehabilitation; work on
existing plumbing systems; sdditions; corrmions; or improvements; and at the
request of the Building Official, the users shall submit to the Building Official the
original signed and dated Cusw,ner Service Inspection Certificate completed by a '
qualified person prior to receiving a final plumbing inspection approval. The
Building Official or the Superintendent of Water Utilities Field Services may also f
require a user at an existing service to submit a Customer Service Inspection
Certificate if the Building Official or Superintendent of Water Utilities Field • •
J Services has reason to believe that a crosstronnection or other unacceptable
plumbing practice exists. Alternatively, the Building Official or Superintendent of
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Water Utilities Field Services may elect to provide a Customer Service Inspection l
Certificate for the building permit applicant or building owner.
b) Only those individuals with the following credentials shall be eligible to conduct a
customer service inspection and sign the certificate:
l) Plumbing Inspectors and Water Supply Protection Specialists
licensed by the Texas State Board of Plumbing Examiners
2) Certified Waterwerks Operators.
3) Licensed plumber rt3y perform customer service inspections on
single-family residen, at services only.
c) The Building Official shall submit the original Customer Service Inspection
Certificates to the Superintendent of Water Utilities Field Services. The
Superintendent shall retain these certificates on file for a period of ten years. The
certification shall be of a form acceptable to the Superintcrsdent. A sample
certification form is shown in Exhibit B which is attached hereto and incorporated
herewith by reference and ma& a part of this Ordinance for all purposes. The
Superintendent may from time to time modify or amend the form of this
certification form, in his sound discretion,
d) The customer's water system shall comply with the requirements listed below, and
the certification form shall certify the following that there is:
1) No direct connection between the public drinking water supply and a
potential source of contamination. That potential sources of
contamination are isolated from the public water system by an air-gap or
an appropriate backflow prevention assembly in accordance with state
plumbing regulations. Additionally, that all pressure relief valves bnd
thermal expansicn devices are in compliance with the City's Plumbing
Code.
2) No cross-connection in existence between the public drinking water
supply and a private water source;
3) No connection in existence which would allow the return of water used
for condensing, cooling or industrial processes back to the public water
• supply;
4) No pipe or pipe fitting which contains more than 8.0% lead existing in
private plumbing facilities installed on or after July 1, 1988;
S) No solder cr flux which contains more than 0.2% lead existing in
customers' plumbing facilities installed on or after July 1, 1988;
6) No plumbing fixture installed which is not in compliance with the state-
approved plumbing code. • •
e) As unacceptable plumbing practices are discovered, users shall eliminate those
practices to prevent possible contamination of the water distribution system.
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Section 16.134. Procedures for Backflow Prevention.
a) No water service connectLon to any premises shall be installed or maintained
by mhe City unless and until the water supply is protected as required by State
and Federal laws and regulations and this Ordinance including, without
limitation, the regulations of the Commission. Service of water to any
premises shall be discontinued by the City if a backflow prevention assembly
required by this Ordinance is not installed, tebted and maintained, or if it is
found that a back3low prevention assembly has been removed or bypassed, or
if an unprotected cross-connection exists on the premises. Service will not be
restored until such conditions or defects are corrected. The Superintendent
may pursue other remedies to ensure compliance with this Ordinance. If
required, all users shall provide, maintain and ruutinely test approved
backflow assemblies as required by the City Plumbing Code and by this
Ordinance. The Superintendent may require the installation of approved
backflow assemblies as deemed necessary. Residential dwellings with lawn-
watering devices shall require a backflow prevention device. All other lawn-
watering devices shall require an approved backflow assembly. The type of
device shall be determined by the Superintendent .
b) The customer's water system shall be open for inspection at all reasonable
times to authorized representatives of the City to determine whether cross-
connections or other system or sanitary hazards, including violations of this
Ordinance, exist.
c) No cross-connection shall be permitted between any system of piping supplied
by water from the maims of the City Water System, and any other source of
supply, whether public or private.
d) Where City water is used by a customer as an auxiliary supply to a roof or
suction tank, which is also supplied by water from any other source, such tank
shall not be of the pressure type, but shall be an open type containing a vent.
The delivery of City water shall be above the tank overflow rim and controlled
• by an approved automatic valve.
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e) It shall be unlawful to mvintain potable water storage tanks supplied only with
i City water, unless the Banks are satisfactorily built and covered so as to
prevent the entrance of contaminants. These tanks and static storage systems
and other static water storage facilities, including ponds, serving fire
• suppression systems, shall be designed and built so as to prevent the entrance • •
of contaminants to the City's water system and shall also be sub, xt to periodic
inspection by the City, through its Water Department and maintained in a
-J marurr in compliance with the standards and requirements of the
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Commission. Pumps taking suction from the City of Denton water supply i
serving such static storage systems shall be installed or operated only upon
request or permit from the City subject to their approval as to size, rate,
capacity and valving arrangements. Storage tanks supplied with City water
shall require an air-gap or approved backflow assembly. In such cases, a
specific backflow assembly shall be required at the service connection,
f) It shall be unlawful for anyone to interconnect private water supplies, including
without limitation, deep well systems, with the City Water System.
g) If required by the Superintendent, an approved backflow prevention assembly
shall be installed in each water servkt line to a customer's water system at a
location at or near the property line or immediately inside the building being
served, but in all cases before the point where the first branch line leading off
of ;he water service line, wherever any of the following conditions exist:
1. In the case of premises upon which any industrial fluids or any other
objectionable suhstances are handled in such a manner as to result in an
actual or potential hazard to the public water system; the public system
shall be protected against backflow from the premises by installing an
approved backflow prevention assembly appropriate to the degree of
hazard in the service line. This shall include but not be limited to the
handling of process waters or waters originating from the water utility
system which have been subject to deterioration in quality.
2. In the case of premises having (1) internal cross-connections that cannot be
permanently corrected and controlled, or (2) intricate plumbing and piping
arrangements, or (3) where entry to all portions of the premises is not
readily accessible for inspection purposes snaking it impracticable or
impossible to ascertain whether or not dangerous cross-connections exist,
the public water system shall be protected against backflow from the
premises by installing an approved backflow prevention assembly in the
water service line.
3. Any nonresidential building greater than one story elevation.
4. Any asidential building structure greater than two story elevation.
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h) The water supply to all boilers of users shall require internal protection in the
form of an approved air-gap separation or an approved reduced pressure '
principle assembly.
i) All bypass systems shall include a required backflow assembly as determined by ,
• the Superintendent. •
j) The type of protective assembly required to be utilized by the customer shall
depend upon the degree of hazard, such as:
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I. In the case of any premises where there is water or any other substance t'-at
would be objectionable but not hazardous to health if introduced into the
public water system, the public water system shall be protected by an
approved double-check valve assembly or by an approved air-gap
separation.
2. In the case of any premises where there is any material dangerous to health
which is handled in such a fashion as to create an actual or potential hazard
to the public water system, the public water system shall be protected by an
approved air-gap separation or an approved reduced-pressure principle
Backflow prevention assembly. Examples of premises where these
conditions could exist are listed in Exhibit A, which is attached hereto and
incorporated herewith and made a part of this ordinance for all purposes.
The Superintendent, upon review of individual facilities of the type listed
on Exhibit A, may require a double-check valve assembly if he determines
that the degree of hazard for that particular user is low.
3. In the case of any premises where there are "uncontrolled" cross-
connections, either actual or potential, the City Water System shall be
protected by an approved air-gap separation or an approved reduced-
pressure principle backflow prevention assembly at the point of service
connection.
4. In the case of any premises where, because of security requirements or
because of other prohibitions or restrictions, it is impossible or impractical
to make a complete in-plant cross-connection survey, the Water System
shall be protected against backflnw from the premises by either an approved
air-gap separation or an approved reduced-pressure principle backflow
prevention assembly in each water service line to the premises.
5. Any residential or commercial user of City water shall provide backflow
prevention on all irrigation systems within the City. Atmospheric or
pressure vacuum breakers shall be utilized on irrigation systems subject to
the degree of hazard, and subject to the approval of the Building Official
and the Superintendent.
k) Any backflow prevention assembly required herein shall be of a model and a
size approved by the Superintendent. The term 'Approved Backflow Prevention
Assembly" shall mean an assembly that has been manufactured in full
conformance with the standards established by the American Water Works
Association ("AWWA") entitled "AWWA C506-78 Standuds for Reduced
Pressure Principle and Double Check Valve Backflow Prevention Devices", or
as such standards may be amended; which has completely met all laboratory and
r? field performance specifications of the Foundation for Cross-Connection Control • •
and Hydraulic Research "FCCC & HR") of the University of Southern
California established by Specifications of Backflow Prevention Devices 169-2
dated March 1969 or the most current issue thereof.
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1. The above-stated AWWA and FCCC&HR standards and specifications are
adopted by the City and the Superintendent as the applicable standards and
specifications respecting this Ordinance. Final approval of any backflow
prevention assembly shall be evidenced by a "Certificate of Approval"
issued by an approved testing laboratory certifying full compliance with the
above-stated AWWA standards and the above-stated FCCC&HR
specifications. The following testing laboratories have been qualified by the
Superintendent to test and certify sackflow prevention assembly devices:
Foundation for Cross-Connection Control & Hydraulic Research
University of Southern California
University Park
Los Angeles, CA 90007
Texas A & M University
Extension Services
College Station, TX 77843-5000.
2. Testing laboratories other than those listed in paragraph k 1 above will be
added to an approved list as they are qualified by the Superintendent.
Backflow preventers which may be subjected to back-pressure or back-
siphonage that have been fully tested and have been granted a Certificate of
Approval by said qualified laboratories and are listed on the laboratory's
current list of "Approved Backflow Prevention Devices" may be used with
the written approval of a qualified tester, as defined herein.
I) It shall bs the responsibility of the Fire Marshal, Texas to determine the need for
doub'e-d:iector check or backflow prevention assemblies related to fire
protection systems. This determination will be made on individual installations
of fire suppression systems.
m) All backflowlbacksiphonage assemblies shall be installed in accordance with
current City Water Utility standards. Vaults and dimensions shall also conform
• to such standards.
n) All assemblies, other than those related to fire protection systems, shall be
inspected by the Building Official or his designee upon completion of said
building or remodeling project or development, for approval by a qualified
tester.
o) Should any system supplied by City water be operated in violation of any
provision of this Ordinance, the Superintendent shall direct that all service lines
serving such system be completely disconnected until this Ordinance has been
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complied with. Any cost of such disconnection and the estimated cost of
reconnection shall bee laid by the consumer before water service shall be
restored, if fire protection is being supplied by the noncompliant system, the
City may elect to disconnect only the water service for non-fire suppression
uses, and may issue citations to the user until such time as the user corrects the
problem, or the user's assemblies are tested, and thereafter charge the user for
such testing. The issuance of citations for violations of this Ordinance shall be
the responsibility of the Superintendent or the Fire Marshal. However, the
owner of premises is responsible for proper protection and all liability in
connection with all cross-connection violations,
p) All presently installed backflow prevention assemblies that do not meet the
requirements of this Ordinance but which were approved devices for the
purposes described herein at the time of their installation and which have been
properly maintained, shall, except for the inspection and maintenance
requirements, be excluded from the requirements of these rules only if the
Superintendent is assured that such assemblies will satisfactorily protect the City
Water System. Whenever any existing device is moved from its present
location, or requites more than minimum maintenance, or when the
Superintendent finds that the maintenance constitutes a hazard to health, such
device shall be replaced by an approved backflow prevention assembly meeting
the requirements of this Ordinance.
q) Test cocks shall be required on all backflow prevention assemblies,
r) Identification, including the size, model number, and serial number shall to
placed on the actual device at least 14" in height, and of durable marking
material,
s) A plumbing permit must be obtained for installation of all backflow prevention
assemblies.
t) All approved backflow assemblies shall be of the type which is basically non-
removable and installed in such a manner that removal of said assembly would
• prohibit water flow.
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u) If a cross-connection arises, the Superintendent may recommend to the City
Manager that a Boil Water Order be made. Such order shall provide protection
in such a hazardous situation. The duration of said order shall be determined by
the Superintendent. -
v) All cases of cross-connection shall be L-imediately reported to tlx:
Superintendent and the Building Official, Such cases may also be submitted by
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the City to the University of Southern California Foundation for Cross- t
Connection Control and Hydraulic Research as informational data only.
w) Internal protection surveys shall be performed once each year per establishment
and as further required by the Superintendent, in the interest of public health
and safety,
x) Thermal Expansion. It is the responsibility of the property own-,-r to eliminate
the possibility of thermal expansion, if a closed system has been created by the
installation of a backflow assembly.
y) Pressure Loss. Any water pressure drop causod by the installation of a
backflow assembly shall not be the responsibility of the City. The City of
Denton Water Utilities Deparonent may provide reasonable assistance to any
property owner regarding information respecting the adequate sizing of
assemblies, proper plumbing practices to provide for required pressure, and
flows for fire protection or domestic service.
z) Mobile Units.
1. A person who owns or operates any vehicle that uses water from the City of
Denton's public water system sha:°. obtain a use permit from the Superintendent
before accessing the public water system. The Superintendent may require a
fixed air-gap mounted on the top of such vehicle.
2. The failure of any customer to comply with this Ordinance shall be grounds for
the City to revoke any use permit and to deny the customer the privilege of
reapplying for such a permit in the future.
3. The Superintendent may deny a use permit to any person who is not in
compliance with this Ordinance (or who has a history of violating the
requirements of this Section). A person commits an offense if that person
operates or causes to be operated a vehicle in violation of this Section 26.
4. Any tampering or removal of backflow assembly on any fire hydrant meter is
unlawful and will constitute a violation of this Ordinance by the person so
tampering or removing any assembly, who shall be subject to the penalties
provided by this Ordinance.
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Section 26-135. Wholesale Customers.
Every wholesale customer that has a contract for water services with the City shall
have an active, ongoing cross-connection program approved by the
• Superintendent. The City reserves the right to require a reduced pressure •
principle assembly or air-gap at the point of interconnect.
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Section 16.136. Assembly Testing & Testers.
a) The Superintendent shall administer an inspection program to assure that backflow
prevention devices are properly maintained and operated within the City. The
Superintendent, in administering the inspection program, shall take into account
the complexity and operating characteristics of the assembly and the protection
afforded the potable water system by the assembly. Reduced pressure and double-
check backflow prevention assemblies installed pursuant to the City's Plumbing
Code are subject to inspection and testing by the City Water Utilities Department.
b) The Superintendent will inspect and test, or cause to be inspected and tested, all
assemblies in each of the following circumstances:
1) immediately after installation;
2) whenever 4e assembly is moved;
3) a minimum of once a year for all assemblies for high hazard uses;
4) any premise that has an RP assembly as premise isolation without high
hazard point-of-use protection must be tested annually; and
S) immediately after repair
c) Assemblies may be required to be tested more frequently than specified in Section
IV. A.2. above, if the Superintendent deems the sane necessary, in order to
safeguard the public health and safety of the residents of the City, or to protect the
City's potable water supply.
d) All assembly testing shall he performed by a certified and registered backflow
prevention assembly tester, in accordance with City-approved test procedures.
e) It is the responsibility and expense of the property owner and the person in control
of the premises to have all assemblies tested in accordance with this Ordinance. A
person who owns, operates, or manages premises in which required backflow
prevention assemblies are installed shall maintain at their expense such assemblies
in proper working order at all times, including repair as required. All maintenance
and repair of assemblies shall be done in accordance with all applicable provisions
of this Ordinance. 11 shall be the duty of the Superintendent to see that these tests
are made in a timely manner. The user shall notify the Superintendent in advance
when the tests are to he undertaken so that the Superintendent or his representative
may witness the tests, if so desired. These assemblies shall be repaired,
overhauled or replaced at the expense of the usrf whenever they are found to be
• defective. The user shall submit the original records of tests, repairs and overhauls
to the Superintendent, and these test records shall be kept by the Superintendent for
a period of not less than three years. The test records shall be In a form acceptable '
to the Superintendent of Water Utilities Field Services, an example of which is
shown in Exhibit C which is attached hereto and incorporated herein by reference
and made a part of this ordinance for all purposes. If assemblies that service a
• particular line, including fire hydrants, etc„ require extended repair time, the • •
owner shat] notify the Superintendent or the City Fire Department for those lines
serving fire suppression systems.
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f) The user shall maintain backflow prevention assemblies in a manner that allows
them to be tested by a method that has been approved by the Superintendent.
g) A person commits an offense under the provisions of this Ordinance, if the person
owns or is in control of any premises and knowingly fails or refuses to have the t
backflow prevention assemblies installed on said premises inspected, tested, I
maintained or repaired as ordered, as required by this Ordinance.
h) The City shall not be liable for damage to any assembly that occurs during testing,
including without limitation, any damage that occurs during testing when such
damage results from metal fatigue or deteriorated metal when such damage occurs
under standard testing procedures.
Section 26-137. Certification of Backflow Prevention Assembly Testers.
a) All backflow assembly testers operating within the City shall be certified in
accordance with all applicable regulations of the Commission and this Ordinance.
No person shall operate as a backf)ow prevention assembly tester within the City
without first being annually certified by the Superintendent
b) At the time of certification, recertification, and upon the Superintendent request,
each person certified as a backflow prevention assembly tester shall furaish
evidence to show that he or she is insured and bonded to perform services on
private property, and has all licenses currently required by the State of Texas and
the City to perform the contemplated services.
c) Persons certified as backflow prevention assembly testers shall meet the following
requirements;
l) hold a current Backflow Prevention Assembly testers' certification accepted by the
Commission; and
2) Successfully pass a hands-on proficiency examination conducted by the City on the
City Backfiow and Cross Connection Ordinance (Sections 26-129 - 26-141 of the
Code of Ordinances); and !
3) Receive confined space entry training certification; and
4) hfairliin general commercial liability insurance and automobile liability insurance
with the following minimum policy limits: $230,000.70 per person and {
$500,000.00 per accident for bodily injury;and $100,000.00 per accident for
property damage, or $500,000.00 if combined.
S) Submit a completed application form to the Superintendent. !
d) A person commits an offense if the person knowingly operates as a backflow '
prevention assembly tester within the City without holding a valid certification
issued by the Superintendent. 1" -
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26-138. Responsibilities of Certified Back low Prevention Assembly Testers. E
a) No certified backflow assembly tester shall operate within the City without first
registering with the Superin(endent. The Superintendent shall determine whether
an applicant is eligible for registration.
b) A registration for certified backflow assembly testing shall remain in effect
provided:
1) The tester maintaips eligibility for registration and certification; and
2) The tester annually attends and successfully completes a recertification training
course approved by the Superintendent; and
3) Such registration has not been revoked by the Superintendent.
c) At the time of recertification a tester shall renew his or her registration with the
Superintendent. If a certification remains expired for a period of one year or
greater, the tester shall re-establish registration eligibility,
d) Each applicant for registration as a certified backflow assembly tester shall:
1) Provide evidence to the Superintendent to establish that the applicant has available
the necessary tools and equipment to properly test backflow prevention assemblies;
2) Provide evidence to the Super intettd!nt that the applicant that successfully
completed "Permit Confined Space Entry Training" as specified by the Federal
Occupational Safety and Health Agency in 29 CFR 1910.146; and
3) Identify all test guages the applicant will use in testing back0ow prevention
assemblies. Testers shall not be permitted to use duplex gauges when testing
assemblies.
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e) A registered backflow prevention assembly tester shall:
1) File the serial number of each of his or her test kits with the Superintendent;
2) Annually have each recorded test kit tested for accuracy and calibrated to maintain
a:.% accuracy factor;
• 3) Perform competent and accurate certifications of cub backflow prevention
assembly tested and shall submit complete reports thereof to the Superintendent; i
4) List registered serial numbers of test gauges on tests and maintenance reports
prior to submitting them to the Superintendent; and
S) Shall not change the design or operation characteristics of a backflow prevention
assembly. -
f) After ten (10) days written notice, the Superintendent may revoke a registration if
the Superintendent determines that the tester.
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1) Has made false, incomplete, or inaccurate assembly testing reports; or j
2) Has used inaccurate gauges; or f
3) Has used improper testing procedures; or
4) Has expired insurance; or
S) Is not in compliance with applicable safety regulations; or
6) Has failed to register the serial numbers of his or her test kits, or failed to
calibrate gauges annually as required by this Ordinance; or
7) Has violated any other provision of this Section.
g) A person commits an offense if the person knowingly performs services as a
backflow prevention assembly tester within the City without obtaining a valid
registration issued by the Superintendent.
Section 26-139. Falsifying Information.
Any person who knowingly makes any false statements, representation or certification in
any application, record, report, plan or other document filed or required to be
maintained pursuant to this Ordinance, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device required under this Ordinance, shall, upon
conviction, be punished by a fine of not more than Two-Thousand Dollars ($2000,00)
per violation or as otherwise may be authorized by law.
Section 26-140. Penalties and Enforcement.,
a) Any person who shall violate any provision of this Ordinance, or wbo shall fail to
comply with any provision hereof, shall be guilty of a misdemeanor and, upon
conviction, shall be subject to a fine not less than One Hundred Dollars ($100.00)
nor more than Two Thousand Dollars ($2000.00) per violation; and each day that
such violation continues shall constitute a separate offense, arxi such violator shall be
punished accordingly.
b) Any person violating any of the provisions of this Ordinance shall become liable to
the City of Denton for any and all expense, loss or damage occasioned by the City by
reason of such violation.
• c) In addition to the penalties provided herein, this ordinance is enforceable by
injunction or any other available remedy in any court of competent jurisdiction. The
City of Denton may recover its reasonable attorneys' fees, court costs, court '
reporter's fees and other litigation expenses of litigation against any person found to
have violated this Ordinance, or the orders, rules, regulations and permits issued
hereunder. - -
d) The Superintendent, the Building Inspector, the Fire Marshall, or their duly
designated employees or any other personnel authorized to issue Class C
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n•.:.:~r citations are authorized to issue citations for violations of this
ordinance.
Section 26.141. Repealer.
`As a condition of obtaining water service from the City, customers shall install, maintain, f
and operate their piping and plumbing systems in accordance with the City of Denton
Plumbing Code (Denton Code of Ordinances, Chapter 28, Article IV, ¢28-144 - 28-2501. In
the event of a conflict between this Ordinance and the City of Denton Plumbing Code, the
more restrictive provision shall apply. That all other ordinances or parts of ordinances is
force upon the effective date of this ordinance, which are inconsistent, or in conflict with the
terms or provisions contained in this ordinance are hereby repealed to the extent of any such
conflict,
SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase Or
word in this ordinance, or application thereof to any person or circumstances is held Invalid
by any court of competent jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the City of Denton, Texas,
hereby declares it would have enacted such remaining portions despite any such invalidity.
SECTION III. That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of
the City of Denton, Texas, within ten (10) days of the date of its passage,
PASSED AND APPROVED this the ` day of , 1997
JACK MILLER, MAYOR
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r1ATTEST:
)ENN1FER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY. CITY ATTORNEY
BY:
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EXHIBIT A• Facility Centa(WWW
FACILITIES THAT REQUIRE HIGH HAZARD, PREMISES ISOLATION
PROTECTION
SAMPLE OF HIGH HAZARDS
Approved Air Gap or Reduced Pressure Backilow Assembly (Reduced Pressure Detection
Assembly) at Service Connection
❑ Battery manufacturing/repair ❑ Meat rendering
❑ Beverage bottling ❑ Metal plating
❑ Boat marinas/dry docks O Mortuaries
❑ Car washes O Nursing homes
❑ Chemical manufacturing/storage ❑ Paper products
O Cold storage ❑ Petroleum process
❑ Commercial laundries ❑ Plating Planes
❑ Dialysis centers ❑ Piers/docks
❑ Dry cleaners ❑ Plasma centers
❑ Film processing ❑ Radioactive storage
❑ Ilospitals/clinics O Sewage pump stations
❑ Ice manufacturing ❑ Sewage treatment
❑ Laboratories ❑ Veterinary clinics
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CITY OF DENTON, 901•A, Texas Street, Denton, Texas 76201
EXHIBIT C: Sample Backllow Prevention Assembly Test and Makdetnance Report
The following form mum be completed fur each assembly tested. A signed and dated original moat be submitted
to the pubbc water supplier for recordkeeping purposes:
BACKFLOW PREVENTION ASSEMBLY TEST AND bLWrENANC E REPORT
NAME OF PWS: CITY OF DENTON
P%'S I.D. f
SERVICE ADDRESS
The backilow prevenboo assembly detained below has been tested and maintained as required by TNRCC
rcoations and is certified to be oleratmg within acceptable parameters.
TYPE OF ASSEMBLY
❑ Reduce Pressure Principle ❑ Pressure Vacuum Breaker
❑ Double Check Valve ❑ Atmospbere Vacuum breaker
Manufacturer Size
Model Number Located At
Serial Number
Reduced pressure principle assembly Pressure vacuum breaker
Double check valve Assembly Air We Check valve
1' check Y' check Relief Opened at J psid
Valve _ paid
Initial Test DC-closed Closed tight 0 Opem6 M Did not oped] Leaked ❑
Tight ❑ Leak ❑
RP-
Lcaked ❑ _
Repairs and
materials used
• Test after DC-closed Closed tight ❑ Opened at Opened at pald
repair TigN ❑ psid paid
RP _ psid '
The above is certified to be true
Firm Name: Certi&d Tearer `
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• Firm Address: _ Cert. Tester No.
Dare;
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CITY OF DENTON, 941-A, Texas Street, Denton, TX 76201
EXHIBIT S: SAMPLE Service Inspection Certitkation.
NAME OF PW S: CITY OF DENTON
PWS I.D. y
SERVICE ADDRESS:
1 , upon inspection of the private plumbing facilities
connected to the aforementioned public water supply do hereby certify that, to the best of my
knowledge:
1. No direct connection between the public drinking water supply and Compliance Non-Compliance
a potential source of contamination exists. Potential sources of
contamination we isolated from the public water system by an air
gap or an appropriate backflow prevention assembly in accordance
with state plumbing regulations. Additionally, all pressure relief ❑
valves and thermal expansion devices are in compliance with state
plumbing codes
2. No cross-connection between the public drinking water supply and
a private water system exists. Where an actual air gap is not
maintained between the public water supply and private water
supply, an approved reduced pressure-zone backflow prevention ❑ 0
assembly is properly installed and a service agreement exists for
annual inspection and testing by a certified backflow prevention
device tester.
3. No connection exists which would allow the return of water used
for condensing, cooling or industrial processes back to the public ❑ ❑
water supply.
4. No pipe or pipe fitting which contains more than 8.0% lead exists
in private plumbing facilities installed on or after July 1, 1948. ❑ ❑
5. No solder or flux which contains more than 0.2% lead exists in
private plumbing facilities insWkd on or after July 1, 1998. ❑
• 6. No plumbing fixture is installed which is not in compliance with a
state approved plumbing code. ❑ ❑
Water service shall not be provided or restored to the private plumbing facilities until the -
above conditions are determined to be in compliance.
I further certify that the following materials were used in the installation of the plumbing
• facilities, • •
Service tines: Lead ❑ Cooper ❑ PVC ❑ Other ❑
Solder: Lead ❑ Lead Free ❑ Solvent Weld O Other ❑
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I recognize that this document shall become a permanent record of the aforementioned Public f
Water System and that I am legally responsible for the validity of the information I have f
provided.
Signature of Inspector Registration Number
Title Type of Registration
Date
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WATER SUPPLY FLOW AND PRESSURE LOSS
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THROUGH BACKFLOW PREVENTION ASSEMBLIES
Any appurtenance, valve, meter, elbow or tee installed on a water supply line will have an
eff-et on the line pressure and amount of flow. Friction loss, force needed to operate springs
ark[ internal orifices in backflow prevention assemblies contribute to flow and pressure loss
through the assembly.
It is a `act that the user will experience some flow and pressure loss when an approved
backfk)w prevention assembly is installed on the user's supply or branch line. The
implementation of a cross connection control program should include some form of assistance
to the customer in determining the amount of pressure and flow loss that can be expected.
Industry standards for flow and pressure loss have been established, The University of
Southern California Foundation for Cross Connection Control and Hydraulic Research
(USCFCCCHR) 9's Edition, December 1993 establishes 10 psi as the maximum allowable
pressure loss through any double check valve assembly regardless of size.
The allowable pressure loss for reduced pressure principle assemblies varies from 24 psi on l .
small size assemblies to 14 psi on large-sized assemblies, according to USCFCCCHR.
These pressure and flow losses are general maximum allowable parameters. The most
effective means to determine the psi and flow loss of any assembly is to obtain the
manufacture's product literature for a specific make and model including flow and pressure
loss curves. This can provide the user with the information needed in nuintaining flow and psi ;
requirements.
When flow and pressure Ions conditions are critical to the function of fire sprinkler systems,
process systems or cooling systems, consulting with a hydraulic engineer is recommended.
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Agenda No. 7~0~~
Agenda Item
Date ^La~i~
CITY COUNCIL. REPORT FORMAT I
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: A RESOLUTION AMENDING THE INVESTMENT POLICY FOR
FUNDS FOR THE CITY OF DENTON; DESIGNATING INVESTMENT
OFFICERS; PROVIDING A SAVINGS AND A REPEALING CLAUSE;
AND PROVIDING AN EFFECTIVE DATE
RECOMMENDATION:
Staff recommends that the City Council review the revisions made to the City's investment
policy, which are highlighted and attached to the resolution. The proposed changes will
provide for continued compliance by the City with the Public Funds Investment Act as
amended by the 75°' legislature. These amendments provide guidelines to public funds'
investors in managing their programs in conformance with the Act as revised in 1995.
BACKGROUND;
The City's investment policy has been reviewed and revised to accomplish the following:
comply with the Public Funds Investment Act, TEX. GOVT CODE ch. 2256, as
amended by recent legislation and effective September 1, 1997;
provide for conservative investment philosophy and practices by addressing risk
minimization throughout the policy;
provide for greater safety by addressing collateral monitoring and internal controls;
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clarify and define various items previously addressed by general statements; and, 1
incorporate recommendations resulting from an independent audit performed in
January, 1997.
Staff has presented these changes to the Investment Committee and the committee V
recommended approval.
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P&Q ;RAM DEP RA IM EM OR GROOI AEEECTED: ;
The City's investment policy governs the investment of all City funds; therefore, any
department with investable funds will be positively affected with revenues generated
through investments.
FISCAL IMPAC1.
There is no fiscal cost associated with the approval of these revisions.
RESPECTFULLY SUBMITTED:
Kathy
Assi,~arit City Manager of Finance
Prepared by-.
Diana G. Ortiz
Director of Fiscal Operations
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RESOLUTION NO.
A RESOLUTION A-MENDING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY
OF DENTON; DESIGNATING INVESTMENT OFFICERS; PROVIDING A SAVINGS AND
A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council passel Resolution No. 96-061 on October 15, 1996, which
adopted an Investment Policy for Funds for the City, in compliance with the Public Funds
Investment Act, 74 h Leg,, ch. 402, 1995 Tex. Sess. Law Serv. 2958 (Vernon) (TEX. GOVT
CODE Ann. Ch. 2256); and
WHEREAS, by Resolution No. 97-026, passel by the City Council on June 10, 1997, the
City's Investment Policy was amended; and
WHEREAS, the City Council desires to amend the Investment Policy to provide for
changes mandated by changes to the Public Funds Investment Act, TEX. GOV'T CODE ch.
2256, by the 75° Legislature; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENION HEREBY RESOLVES:
SECTION 1. That the City Council has reviewed the attached City of Denton Investment
Policy, and has reviewed all the changes which are highlighted in the attached Investment Policy
and the investment policies and strategies contained therein and hereby adopts the attached
Investment Policy with the highlighted changes as the City's Investment Policy, which attached
Investment Policy is incorporated in this resolution and made a part of same as if written word
for word herein, That the City Secretary shall include the highlighted changes to the Investment
Policy as a part of the official minutes of this meeting to record all changes to the policy.
S 10 lI That the Assistant City Manager of Finance is hereby designated as the
chief financial officer for the City and the Director of Fiscal Operations is hereby designated as
the City's investment officer to perform the functions required of them. These financial officers
are hereby authorized to perform the functions required of them under the Investment Policy and
in accordance with TEX. GOVT CODE ch. 2256. i
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5jy,TIQN U That all resolutions or parts of resolutions in force when the provisions of
this resolution became effective which are inconsistent or in conflict with the terms or provisions
contained in this resolution are hereby repealed to the extent of any such conflict only. The non.
conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect.
• SECTION IV. That save and except as amended'icreby, all the previsions, sections, • ~
subsections, paragraphs, sentences, clauses, and phrases o, Resolution No. 96-061 and
Resolution No. 97.026 shall remain in full force and effect
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SECTION IV That this resolution 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
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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SUMMARY OF CHANGES TO INVESTMENT POLICY
Prue No.
Beit4i
1 State Law
2 State Law
3 State Law
4 State Law
S State Law & Expluuion
6 State Law & Explanation
7 Explanation I Definition
8/9 Explanation / Definition
10 Diversification
11 Explanation / Definition
12 State Law
13 Definition
13/14 Provide Written Internal Controls
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CITY OF DENTON Page 1 of 13
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATTVE DIRECTIVE
SECTION FINANCE POLICIES REFERENCE NUMBER:
40& 04
SUBJECT: INVESTMENTS INITIAL EFFECTIVE DATE:
02,17,17
LAST REVISION DATE:
TITLE: INVESTMENT POLICY 0697
11197
1. PURPOSE
This policy shall provide the guidelines by which the City of Denton "City" will maintain the
minimum amount of cash in its bank accounts to meet daily needs, and to provide protection for its
principal and liquidity while receiving the highest yield possible from investing all temporary
excess cash This policy sores to satisfy the statutory requirements of defining and adopting a
formal investment policy, The policy and strategy shall be rn!"ed annually by the Investment
Committee and City Council who will formally approve any modifications. This investment
policy as approved, is in compliance with the provisions of the Public Funds Investment Act of
Tex, Gov't. Code Ann. Chapter 2256, hereinafter referred to as the "Act", as amended and effective
September 1, W.
if. SCOPE
A. This Investment Policy applies to the invesmtent activities of the City of Denton, Texas,
including, without limitation. The specific funds cited hereafter in Section 11B, shall be
excluded from this Investment Policy. (AN financial assets of all funds, including the
General Fund and any wher accounts of the City not speeifrcally excluded in these policy
guidelines are included These funds are accounted for in the City 's Comprehensive Annual
Financial Report (CUM.] These funds, as well as funds that may be created from time-to-
time, shall be administered in accordance with the provisions of these policies. All finds
-Atilt be pooled for investment purposes. Tire strategy developed for this pooled fund group
-Aill address the varying nerds, goals, and objectives of each fund
B. This policy shall not govern funds, which are managed under separate investment programs
1 in accordance with Section 2256.004 of the Act. Such funds currently include; Employees'
Retirement Fund of the City of Denton; the Foremen's and Policemen's pension Funds of the
City of Denton; other funds established by the City for deferred employee compensation;
• rev mic bond reserve funds; and certain private donations. 'The City shall and will maintain
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responsibility for these funds to the extent required by. Federal and State Law; the City
Charter; and donor stipulations.
M. INVESTMENT OBJECTIVE do STRATEGY
It tr the policy of the "City" that, giving due regard to the safety and risk of investment, all
• available funds shall be invested in conformance with State and Federal Reguloiions, applicable • •
Bond Resolution requirements, adopted Investment Policy and adopted Investment Strategy.
In accordance with the Public Funds Investment Act, the following prioritized objectives (in order
of importance in accordance with Srclion 2256 005(d) of the Act), apply for each of the City s
investment stralegfes:
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Page 2 of 14
POLICY/ADMINISTRA-FIVE PROCEDUREIAD)IINISTRATIVE DIRECTIVE
TITLE: INVESTMENT POI'CY REFERENCE IvUNSBER:
408.04
A. Suitability - Understanding the suitability of the investment to the financial requirements of
the City, Any investment eligible in the Investment Policy is suitable for all City funds.
B. Safety - Preservation and safety of principal. All investments will shall be of high quality
securities with no perceived default risk. Market price fluctuations will however occur, by
managing the weighted average days to maturity for each fund type Ps specified.
C. Liquidity - To enable the City to meet operating requirements that might be reasonably
anticipated the City's investment portfolio '^1I1 remain sufficiently liquid, Liquidity shall be
achieved by matching investment maturities with forecasted cash flow requirements and by
investing in securities with active secondary markets. Short-term investment pools and
money market mutual funds provide daily liquidity and may be utilized as a competitive
yield alternative to fued maturity investments.
D. Marketability - Securities with active and eff clew secondary markets are necessary in the
event of an tenanticowed cash requirement. Historical market "spreaelr" between the bid
and offer prices of a particular secwfty-type of leis than a quarter of a percentage point
shall define an eff ctent secondary market,
E. Diversification - bnrslmerl maturities shall be staggered throughout the budget cycle to
provide cash Jiow based mt the anticipated needs of the City. DiversiAing the appropriate
maturity structure will reduce market cycle risk
F. Yield -Attaining a competitive marker yield for comparable securiiy-types and portfolio
restrictions are the desired objective, The yield of an equally wcighled, roiling six-month
treasury bill portfolio shall be the minimum 31e/d objective or "benchmark". A secondary
objective oill be to obtain a yield equal to or In etcess of a local government Irnrstmenl
pool, money market mutual fund or average Federal Reserve discount rate.
The first measure of success in this area will be the attainment of enough income to offset
inflationary increases. Even though steps will be taken to obtain this goal, the City's staff
shall constantly be cognizant of the standard of care and the investment objectives pursuant
to the provisions of the amended Act, Section 2256.006(a).
The Director of Fiscal Operations shall avoid any transactions that might impair public
confidence in the City's ability to govern effectively. The governing body recognizes that in
• diversifying the rr.,etfolio, occasional measured losses due to market volatility we inevitable,
and must be considered within the context of the overall portfolio's investment return,
provided that adequate diversification has been implemented. The prudent" of the
investment decision shall be measured In accordance u th the lests set forth In Section
2236.006(b) of the Act.
IV. INVESTMENT STRATEGY F•nR SPECIFIC FUND GROUPS
Each major fund type has varying cash flow requtreme is and liquidity needs. Aerefore specific
strategies shall be implemented considering the fund s wdgae requirements and the following shall
be considered separate investment strategies for eoch of the f osdr mewle w4 below. Ae City i
funds shall be analyzed and invested according to the following major fiend "a:
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POLICYIADMINISTRATIVE PROCEUME/ADMINISTR4TIVE DIRECTIVE
TITLE; m'ES MENfPOLICY REFERENCE ~IUMBER:
L 408.Ot
A. operating Funds - Investment strategies for operating funds and commingled pools
containing operating funds have as their primay objective to assure that anticipated cash
(lows a.., matched with adequate investment liquidity. The secondary objective is to
structure a portfolio, which will minimize volatility during economic ycks. This may be
accomplished by purchasing high quality, short-term securities, which will compliment each
other in a laddered maturity structure. A dollar weighted average maturity of 365 days or
less will be maintained and calculated by using the stated Fnal maturity date of each
security.
B. Debt Service Funds - Investment strategies for debt service funds shall have as the primary
objective the assurance of investment liquidity adequate to cover the debt service obligation
on the required payment date. Smunties purchased shall not have a stated final maturity
date, which exceeds the debt service payment date. A dollar weighted average maturity of
550 days or less will be maintained and calculated by using the stated firwl maturity date of
each security.
C. Debt Service Reserve Fund's - Investment strategies for debt service reserve emergency and
contingency funds shall have as the primary objective the ability to general. a dependable
revenue stream to the appropriate fund from securities with a low degree of volatility.
Securities should be of high quality and, except as may be required by the bond ordinance
specific to an individual issue, of short to intermediate-term maturities with stated fmal
maturities not exceeding five (5) years. Volatility shall be further controlled through the
purchase of securities carrying the highest coupon available, within the desired maturity and
quality range, without paying a premium, if at all possible. Such securities will tend to hold
their val,se during economic cycles.
D, Construction and Special Purpose Funds - Investment strategies for construction projects or
special purpose fund portfolios will have as their primary objective to assur: that anticipated
cash flows are matched with adequate investment liquidity. These portfolios should include
at least 10'/e in highly liquid securities to allow for flexibility and unanticipated project
outlays. The stated final maturity dates of securities held should not exceed the estimated
project completion date. A dollar weighted avenge maturity of 365 days or less will be
maintained and calculated by using the sued final raturity of each security.
F. Market prices for all public f:vsd Investments %III be obeahned and monitored through the use
of fnieractiv+r Data Ina, or, on-line data service or a similar gwfified n tawsor agency.
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V. INVESTMENT COMMITTEE
Alembers - There is hereby created an Investment Committee consisting of the City Manager,
Assistant City Manager of Finance, Director of Fiscal Operations, Mayor, and one member of the
City Council, -
Scope - The Investment Committee shall meet at kast quarterly to determine general strategies and
to monitor results. Included in its deliberations will be such topics as: economic oudook, portfolio
diversification, maturity structure, potential risk to the City's funds, authorized broken and dealers,
and the target rate of reran on the investment portfolio.
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POLICI'lADM1NISTRAT" PROCEDURE/ADbIINiSTRATIVE DIRECTIVE
TITLE 1NVESTMEIv'T POLICY REFERENCE NUMBER:
408.04
! rocedures - The Investment Committee shall provide for minutes of its meetings. Any two
members of the Investment Committee may request a special meeting, and jour members shall
constitute a quorum. The Investment Committee shall establish its own riles ofprocedures. j
VI. RESPONSIBII ITY AND STANDARD OF CARE
A. Delegation c4 Training - The management responsibility foe the investment program is
hereby delegated to the Assistant C- y Manager of Finance, who shall establish written
procedures for the operation of the investment prograrn, consistent with this investment
policy. Such procedures shall include explicit delegation of authority to the individual(s)
responsible for investment transactions. The primary individual 0t0 shall be involved in
investment activities will be the Director of Fiscal Operations. The Treasury Analyst will
have a support role. The Assistant City Manager of Finance and Director of Fiscal
Operations are designated as investment officers, pursuant to section 2256,005 subsection f
of the Act. Accordingly, the investment officers, who shall be the chief f rmcial officer and
the investment officer of the City for the purposes of Section 2156.008 of the Act, shall attend
at least one training session relating to their responsibility under the Act within 12 months
after assuming duties. These sessions and additional investment training sessions must be
completed no less often than once every two focal years commencing September 1, 1997 and
these financial officers shalt receive not less than 10 hours of instruction relating to `
investment responsibilities. The training must Include education In investment controls, s
security risks, strategy risks, market risks, and compliance with the Public Funds Investment
Act. The imestment training session shall be provided by an independent source approved
by the investment committee. For purposes of this policy, an "independent source" from
which investment training shall be obtained shall include a professional organization, an
institute of higher learning or any other sponsor other than a Business Organration with
wham the Ciry of Denton may engage in an Investment transaction. 77nv, these independent
sources will be training sessions sponsored by Government Treasurer OrganLmtion of
Texas (CiTOI), Unhvrsity of North Texas (UN7), Government Finance Of oen Assoctatlon
of Tews (GFOAI). No persons may engage in investment transactions except as provided
under the terms of this policy and the procedures established by the Assistant City Manager
of Finance. The Assistant City Manager of Finance shall be responsible for all transactions
undertaken, and shat) establish a system of control to regulate the activities ofthe Director of
Fiscal Operations. The controls shall include a quarterly process of independent review by
an individual or firm designated by the Assistant City Manager of Finance, and an annual
w n review by an external auditor. The review's will provide internal control by assuring
compliance with policies and procedures. The Assistant City Manager of Finance, Director
of Fiscal Operations, Mayor, City Council, City Manager and other Finance employees shall !
be personally indemnified in the event of investment loss provided the Investment Policies
and Guidelines are followed.
B. Conflicts of Interest - All participants in the investment process shall seek to act responsibly
• , as custodians of public assets. Officers and employees involved in the investment process • •
shall refrain from personal business activity that could conflict with proper execution of the
investment program, or which could impair their ability to make impartial investment
decisions.
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POLICY/ADMUNISTRATIVE PROCEDIIRVADMINISTRATIVE DIRECTIVE
TITLE: INVESTMENT POLICY 1 REFERENCE NUMBER:
408,04
C. Disclosure - Anyone involved in investing City funds shall file with the Assistant City
Manager of Finance and the Investment Committee a statement disclosing any personal
business relationship and any material financial interest in a business organization that
handle City of Denton investments. An im-stment ofcer has a personal bust=
relarian ship with a business organisation if
1. 77te investment officer owns 100% or more of the voting stock or shares of the
business organisation or owner S5,000 or more of the fair market value of the
business organization;
1. Funds received by the in estmertt offs at:r from the business organization exceed 10%
of the i westxtent of cers gross income for the prior year: or
3. The investment officer has acquired front the business organisation during the prior
)Mar investments with a book value of $1,300 or morefor the personal account of the
Investmentefcer.
Any investment officer who is related within the second degree by affinity or consanguinity
as determined under the Tex. Gov't. Code Ann, Ch. 573 to an individual seeking to sell an
investment to the City shall file a statement disclosing that t.iationship with the City Council
and the Texas Ethics Commission.
D. Prudence - The standard of pnxknce to be used by the investment officials shall be the
"Prudent Person Ruk", as set forth in Tex. Gov't Code Ann. Sec. 2256.006 and will be
applied in the context of managing an overall portfolio: "fnvestrnents shall be made with
judgement and care under circumstances then prevailing - which persons of prudence,
discretion and intelligence exercise in the management of their own affairs, not for
speculation, but for investment, considering the probable safety of their capital as well as the
probable income lobe derived."
Investment officials acting in accordance with written procedures and the invesunent policy
and exticising due diligence shall be relieved of personal responsibilities for an individual
security's credit risk or market price changc, provided deviations from expectations are
reported in a timely fashion and appropriate action is taken to control adverse developments.
E. Reporting
Monthly -The Director of Fiscal Operations shall submit monthly an investment report, to
the Investment Committee, that summanzes recent market conditions, economic 1.
developments and anticipated investment conditions. The report shall summarize the
inve,tmrnt strategic employed, describe the portfolio in terms of investment securities,
maturities, risk characteristics and other features. The report shalt include toW investment
return to date and compare the return with budgetary expecta6ons or projections. IL
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POLIMADti1Rv7STRATIVE PROCEDURVADMIhTSTRATIVE DIRECTIVE
TITLE: INVESTMENT POLICY I REFE1tENC8 NUMBER
aog.o4
Quarterly The Director of Fiscal Operations shall prepare and present to the Investment
Committee and City Council a %Titien report on the City's investment transactions for the
preceding reporting period. The report shall: 1) describe in detail the investment position of
the City as of the end of the reporting period, 2) prepared jointly by all investment officers, `
3) signed by each investment officer, 4) contain a summary statement of each pooled find
including a) beginning rnaAct value for the reporting period, b) additions and changes to the
market value during the period; c) ending market value for the period, and a) fully accrued
interest jor the reporting period. Tile sumxwy statement for each fund group must be
prepared in comolanee with Generally Accepted Acemovimg Principles (GAAP). 5) State
the book value and market value of each separately invested asset at the beginning and end
of the reporting period by type of asset and find type brvested; 6) state the maturity date of
each separately invested asset that has a mraluriry date, 7) stare the account or fund or
pooled group fiord for which each indiv!6W fxsrstmext was acquired; and 8) state the
compliance of the investme-rit portfolio of the City as it relates to the investment strategy of
the City and with relevant provisions of the Tex. Gov't, Code ch. 2256.
Annually - Within sixty (60) days of the end of the fiscal Year, the Director of Fiscal
Operations shall present a comprehensive annual report to the City Council on the
investment program and investment activity. The annual report shall provide a separate
quarterly comparison of retwns and suggestions for improvements that might be made in the
investment program, The City Council shall review and approve the investment policy and
investment strategies at least annually and be documented by rule, order, ordinance or
resolution which shall include any changes mach
Compliance Audil - The City s e derrwl, tmdependeW auditor will comduct an annual review
of the quarterly reports ix conjunction with the annual financial audit. The resulu of the
audit will be reported to 00o Council upon receipt.
The audit will review compliance with management control on imrstments and adherence to
this policy.
F. The guidelines of retaining records for seven years as recommended. in the Texas Stare
Library Mvnfcipal Records Manual should be followed. The Director of Fiscal Operations
shall oversee the filing and/or storing of investment records.
• 1M. SUITABLE AND AUTHORIZED INVESTMENT SECURITIES
A. Active Portfolio Management - The City inlends to pursue an active verrm a pawivt
investment management philosophy. That is, sectliitMs may be sold before they tr swm if
market condition present an opportunity for the City to bemefit from the trade. (Suboeetioo
E)
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POL"VADMINISTRATIVE PROCEDUREIADMINISTRATIVE DIRECTIVE
TI17.E: INVESTMENT POLICY REFERENCE NUMBER:
40804
B. .futhori:ed Invstmens (Per HB 2459 and Sections 2256.009 through 2256.017 of the Act) -
Assets of funds of the government of the City of Denton may be invested in:
L Obligations of the United States of America, its agencies and instrumentality's
(maturing in less than five (S) yearn, which have a liquid market with a readily
determinable market value;
2. Investment - grade, direct obligations of the State of Texas (maturing in less than two
(2) years);
3. Obligations of the States, agencies thereof, Counties, Cities, and other political
subdivisions of any state having been rated as investrent quality by a nationally
recognized investment rating firm, and having received a rating of not less than "AA"
or its equivalent (maturing in Iess than two (2) years);
4. Fully iwured or collateralized Certificates of Deposit's issued by state and national
banks or savings bank or a state or federal credit union. Aomictled in Texas,
guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or
the National Credit Union Shan Insurance Fund or its successor, secured by
obligations described in I through 3 above, and that have a market value of not less
than the principal amount of the certificates but excluding those mortgage backed
securities as descnbed in the Tex. Gov't. Code Sec. 2256.009(b). (maturing in less
than one (1) year);
5. Fully collaterized direct repurchase agreements (whose underlying purchased
securities consist of the foregoing) with a defined termination date secured by
obligations of the United States or its agencies and irimmentaNty's pledged with a
third party, selected and approved by the City through its Director of Fiscal
Ovxrations, -)ther than an agency for the pledgor and deposited at the time the
investment is made with the City. Repurchase agreements must be purchased through
a primary government securities dealer, as defined by the Federal Reserve, or a bank
domiciled in Texas, Each issuer of repurchase agreements must sign a copy of the
City's Master Repurchase Agreement (termination date must be 30 days or less);
6. Commercial paper that has a stated maturity of 270 days or lets from the date of
issuance and is rated A-1 or P-1 or an equivalent rating by at least two nationally,
• recognized rating agencies.
7. a. Public Fund Investment Pools with a weighted average maturity of 90 days or
less. The pool must be approved (by resolution) by the City Council to provide
services to the City. The pool must be continuowly rated no lower than AAA or
AAA-m or at an equivalent rating by at least one nationally reeognhed rating
service. A public fiords In.wimment pod created to function as a money market
• mulual fund must mark to market daily and, stablAre at a$/ met assd vnhu.
• ♦p
b. To be eligible to rcretw funds from and Invest fiords on behalf of an entity
under this chapter, an inwi meat pod m wi furmish to the lirwstuemf of oer or
other authori2ed representative of the entity an offering circular or other
similar diselosu~e instrument that coatains, at a minimum, the fdlowimg
information:
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POLICYlADMUNISTRATIVE PROCEDUMADMINISTRATIVE DIRECTIVE
TITLE: PIVEBTMEMPOLICY REFERENCE NUMBER:
408.04
(1) the types of irrmiments in which money is allowed to be in,ested;
(1) the maximum a%mge dollar-weighted maturity allowed based on the
stared maturity dare, of the pod;
(3) the maximum stated maturity dale any investment security within the
portfolio has;
(4) the o4Vecdves of the pool;
(S) the size of the pod;
(6) the names of the members of the advisory board of the pool and the dates
their terns explre;
(7) the custodian bank that will safekeep the pods auets;
(8) whether the intent of the pod is to main rain a net asset value of one
dollar and the risk of market price fluctuation;
(9) whether the only source of payrnent is the assets of the pod at mantel
value or wheihet there is a secondary source of payment, such as
insurance or guarantees, and a description of the secondary source of
payment'
(10) the name and address of the independent auditor of the pool;
(11) the requirements to be satisfied for an entity to deposit funds in and
withdraw funds from the pod and any deadlines or other operating
policies required for the entity to invest funds in and withdraw funds
from the pool; and
(12) the performance history of the pool, including yield, average dollar-
weighted maturities, and expense ratios.
C. To maintain eligibility to receive f tnJi from and invest finds on behalf of an
emity under this chapter, an investment pool must furnish to the investmnt
officer or other authorized representative of the entity,
(1) investment transaction confirmations and
(2) a monthly report that contains, at a minimum, the following information:
(A) the types and percentage breakdown of securities is which the
pool is invested,
(B) the current average dollu-weighted maturity, basal on the stated
maturities w, the pool;
(C) the current percentage of the pools portfolio in investments that
have stated maturities of more than one year,
(D) the book value versus the market value of the pool's portfolio,
using amortized cost vshatior~
(E) the sift of the pool;
(F) the number of pas ticipants in the pool;
(G) the custodian batik that is safekeeping the assets of the pod;
a listing of daily transaction activity of the entity participating is
• the pool,
(1) the yield and expense ration of the pool;
(1) the portfolio managers of the pool; and •
(K) any changes or addenda to the offering circular.
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POLICY/ADMINISTRATIVE PROCEDURVADMINiSTitATIVF. DIRECTIVE
TITLE: INVEMIENT POLICY 1 REFERENCE NUMBER:
408.04
8. An SEC-registered, w load money market mutual frond which has a dollar weighted
average stated maturity of 90 days or less whose assets consist erclusively of :lie
assets described in section B.I. and whose imrslment objectives includes the
maintenance of astable net asset value of 11 for each share: Furthermore, it prc>Ides
the City with a prospectus and other information required by the SEC Act of 1934 or l
the Investment Advisor Act of 1940 and which provides the City with a prospectus and
other infonnution required by the Securities Erchange Act of 1934 (15 USC. Section
78a et. Seq) or the Investment Company Act of 1990 (13 USC Section 80a-1 el. Seq.).
9. Other such securities or obligations which are authorised by the Act as appn vd by
City Couneil upon recommendation of the Investment Committee.
C. Prohibited Investments - The City's authorized investment options are more restrictive than
those allowed by State law. Furthermore, this policy specifically prohibits investment in the
following investment securities.
1. Obligations whose payment represents the coupon payments on the outstanding
principal balance of the underlying mortgage-tacked security collateral and pays no
principal.
2. Obligations whose payment represents the principal stream of cash flow from the
underlying moctgage-backed security collateral and bears no interest.
3. Collateralized mortgage obligations that have a stated final mabir4 date of greater
than 10 years.
4. Collateralized mortgage obligations the interest rate of which is determined by an
index that adjusts opposite to the changes in a market index.
D. Diversification - It is the policy of the City to diversify its investment portfolios. The
diversification will protect interest income from the volatility of interest rates and the k
avoidance of undue concentration of assets in a specific maturity sector, therefore, portfolio f
maturities shall be staggered. Securities shall also be selected and revised periodically by
the Investment Committee. In establishing specific diversification strategies, the two (2)
following general policies and constraints shall apply:
• 1. Risk of market price volatility shall be controlled through maturity diversification and
by controlling unacceptable maturity ex!ensions and a mismatch of liabilities and
assets. The maturity extension will be controlled by limiting the weighted average
maturity of the entire portfolio to 550 days, All long-term maturities will be intended
to cover long-term liabilities. In addition, five (3%) percent of the funds in the
portfolio will be liquid at all times.
i -
• 2. The Investment Committee shall es'ablish strategies end guidelines for the percentage • •
of the total portfolio that may be invested in U.S. Treasury Securities, federal agency
instrumentalities, repurchase agreements, and inmred/oollaterlized certificates of
deposit and other securities or obligations. The Investment Committee shall conduet a
quarterly review of these guidelines, and shall evaluate the probability of market and
default risk in various investment sectors as part of its considerations.
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Page 10 of 14
POLICIVADNIViSTRATIVE PROCEDUREIADMINISTRATIVE DIRECTIVE
TITLE: INVESTMENT POLICY REFERENCE N'UI.IBER:
408.04
3, Risk of principal loss in the portfolio as a whole shall be minimized by diversifying
investment t)pcs according to the following limitations.
Inv eort %ef
• U.S. TreasuryNotes/Bills 1000/0
• U.S. Agencies A Instrumentalities 100•/
• State of Texas Obligations di Agencies 15%
• Local Government Investment Pools 50%
• Local Government Obligations (AA) 10%
• Repurchase Agreements 25%
• Certificates of Deposit 100%
• US Government Money Market Funds 50%
By Institution:
Repurchase Agreements No more than 100/6
All Other No more than ID%
Investment Pools No more than $10,000,000
E. Security swaps may be considered as an inestmmt option for the City. A swap out of one
instrument into another is acceptable to increase yield, realign for disbursement dates,
extend or shorten maturity dates and improve market sector diversification. Swaps may be
initiated by brakcrddealcrs who are on the City's approved list, A horizon ana6,sis it
required for each sxnpproving benefit to the City before the trade decision is made, which
rtirll accompany the investment flefor record keeping.
F. All investments (governments or bank C,D.'s) will be solicited on a compebti~e basis with
at least three (3) institutions. The Investment Committee can approve exceptions on a case
by case basis or on a general basis in the form of guidelines. These guidelines shall take into
consideration the investment type maturity date, amount, and potential disruptiveness to the
City's investment strategy, The investment will be made with the broker/deals offering the
best yield'quaiity to the City.
The quotes may be accepted orally, in writing, electronically, or any combination of those
methods.
G. Arbitrage - L>ue to the bond issuance sizes of which the City incurs on a regular basis,
arbitrage should be addressed.
The Tax Reform Act of 1986 provided limitations restricting the Ory s Investing of tax•
erempt General Obligation Bond proceeds and debt service income. New arbitrage rebate
! provisions require that the City compute earning. on brivestment from each Issue of bonds on
an annual basis to determine i(a rebate is required To determine the City'i arbirmge • !
position, the City it required to perform specific calculations relative to the actual yield
earned on the investment of the funds and the yield chat could !rave been earned If the frauds
had been invested at a rare equal to the yield on the bonds sold by die City. The rebate
t provision states that periodical y (no( less than once every five years, and not later than
sixty days after maturity of the bonds), the City is required to pay the U.S Treasury a rebate
of excess earnings based on the Cnly being Ina positive arbitrage position. The Tax Reform
restrictions require extreme precision in the monitoring and recording facets of investments
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POLICY/ADMINISTRATIVE PROCEDURVADMINISTRATIVE DIRECTIVE
REFERENCE NUMUR:
1ITI.E: fNVESTMENf POLICY 408.04
as a whole, and parlicularb' as retates to )*Ms and computations so ar to Insure
compliances Failure to comply can dictate that the bom& become taxable, retroactively
from the date of issuances
The Ciry'i immlmew position relative to the new arbiouge restricdow is the conthtmed
pursuit of maximising yield on applicable investments while Insuring the safety of capital
and liquidity. It is a fiscally sound posirion to continue maximisation of yield and rebate
excess earnings, if necessary.
VIII. SELECTION OF BANKS AND DEALERS
A. Depository - City Council shall, by ordinance, "sckct and designate one or more banking
institutions as the depository for the monies and funds of the City" in accordance with the
requirement of Tex. I.oc, Gov't. Code ch. 105. The bank shall be selected primarily on
"solvency and stability" and secondly, on rate of interest available.
The Director of Fiscal Operations shall conduct a comprehensive review of prospective
depositories credit characteristics and fumcial history.
The bank shall be selected through a formalized bidding process in response to the City's
request for proposal (RFP) outlining all services required. The Investment Committee shall
have the discretion to determine the time span for rebidding the banking services contract; f
however, a two year period will be the minimum length of time between bidding with a 5
year maximum period
Banks and savings and loans associations seeking to establish eligibility for the City's
competitive certificate of deposit purchase program, shall submit financial slawments,
evidence of Federal insurance and other information as required by the Director of Fiscal
Operations.
B. Investment Brokers/Dealers - The Investment Committee shall be responsible for adopting
the list of brokers and dealers of government securities. Their selection shall be among only
primary government securities deakrs that report directly to the New York Federal Reserve
Bank, unless a comprebemsive credit and capitalization analysis reveals that other firms are
adequately financed to ccnduct public business. The Investment Committee shall base its
• evaluation of security dealers and financial institutions upon:
i
I . Financial conditions, strength and capability to fulfill commitments;
2. Overall reputation with other deakrs or investors;
3. Regulatory itatus of the dealer;
4. Background and expertise of the individual representatives.
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POLICY/ADM NUIRATiVE PROCEDURElADMINISTRATIVE DIRECTIVE
TITLE: INVESTMENT POLICY RE 498FERENCE.04NUMBER
The Director of Fiscal Operations shall conduct business Ai di securities dealers approved by
the Investment Committee or with banks selected as outlined in Vlll. Furthermore, the
commiaee must annually revkw this list of quallfued brokers authorized to engage in
investment transactions with the City. lmvestment Officers shall na conduct business with
any firm with whom public entities have sustained losses on to er menu or whose name the
Investment Committee has removed from an approved lint
C. Compliance - A qualified representative from any form offering to engage in inwpstnkw
transactions with the City is required to sign a written imstr w"L This certifies that they
have received and reviewed a written copy of the City's Investment Policy. lAe firm must
acknowledge that it Am implemented reasonable procedures and controls in an effort to
preclude tnvesowew between tke City and the firm that are not authorized by the City's
investment policy. Approved brokers and deulerr must complete Edibit A and return it to
the Director of Fiscal Operations. Ike City's investment officer(s) may mot transact
business from a person who has not delivered the required written instrument to the City.
D. Diversification - To guard against default possibilities under these conditions, and to auurt
diversification of bidders, business with any cute issuer, or investment broker, should be
limited to (40%) percent of the total portfolio at any point in time. In this way, bankruptcy,
receivership or legal action would not immobilize the City's ability to meet payroll or other
expenses.
IX. PRINCIPAL PROTECTION AND SAFEKEEPING
A. All banks' and savings and loan associations' deposits and investments of City funds shall
be secured by pledged collateral with a market value equal to no less than 102 percent of the
principal plus accrued interesi less an amount insured by FDIC or FSLIC. Evidence of
proper collateralizatinn in the form of original safekeeping receipts held in institution's trust
department or at a third party institution not affiliated with the bank or bank holding
company will be maintained in the office of the Director of Fiscal Operations all time, The
Assistant City Manager of Finance, Director of Fiscal Operations or other authorized City
Representative will approve and rekase all pledged collateral. Collateral will be reviewed
monthly to assure the market value of the securities pledged exceeds investments and/or the
related bank balances. The Comm tree shall request sdditional collateral in the event they
deem that their deposits and investments are not sufficiently protected by the pledged
collateral.
P. Safekeeping procedures shall be established by the Investment Committee which clearly
define steps for gaining access to the Collateral should the City determine that the City's
funds are in jeopardy. Collateral safekeeping and substitution agreements will be a part of
the procedure.
• C Collates! Defined -The City of Dutton snail accept only the following securida as
collateral.
ti y
1. FDIC and FSLIC insurann cettwrage.
United States Trearurfes A Agenctom
3. Other securities as approved by the Iniwimeew Committer.
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
TITLE: INVESTMENT POLICY REFERENCE NUMBER:
408.1V
D. Delivery vs. Payment - All transactions will be r;ccuicd with authorized security dealers
and financial institutions on a dclivery-versus-payment (DVP) basis. 71ur1 is, funds shall Ma
be wired or paid um V verification has been made that the Trustee recehed the collateraL
The collateral shall be held in the name of the City or held on behalf of the City. The
Trrotee s records shall assure the notation of the City's ownership of or explicit claim on
the securities. Tie original copy of all safekeeping receipts shall be delivered to the City.
Securities will be held by the City's safekeeping agent, which shaft be selected through a
competitive process (RFP) or that agent's representative in New York City, or in it's account
at the Federal Reserve Hank.
E. Subject to Audit - AU collateral shall be subject to Inspection and audit by the Director of
Fiscal Operations, or designee, as well as, the City's independent auditors.
X. MANAGEMENT AND INTERNAL CONTROLS
The Director of Fiscal Operations, or designee, shall establish a system of internal controls, which
shalt be reviewed by an Independent auditor. The controls jhaU be designed to patent loates of
public funds arising from fraud, employee error, and misrepresentation by third polio.
unanticipated changes in financial markets, or imprudent actions by employees or Investment
Officers of the City.
Controb and managerial emphasis deemed most important that shall be employed include the
follaving:
I
?rrmcmtive Controls: I
Custodian safekeeping receipts records management
Avoidance of bearer form securitia
Documentation of imysIment bidding events
Written ronfrmation of telephone transactions
♦ Reconcilement's and comparisons of security receipts, with the Investment sukkilary
records
Compliance with Invarment polides
Wication of all interest income and security purchase and seU computation
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POLICY/ADMINISTRATIVE PROCEDUREIADMINISMTIVE DIRECTIVE
TITLE: INVESTMENT POLICY REFERENCE NUMBER
408.04
Controls Where Practical:
Control ofCOU"$foa
Separatlon of &ttu
SWalon oftr unsaction outhority from Accounting and Record-keeping
Clear delegation of atdkor*
Accwwe and timely reports
Vali&fion of Gsveshmeni mahvity dedslons with srrpporttng each flow data
Adequate traintng and dewkpmw of !twain vd Offickb
Review offviandal coaldidons ofall brokers, dealers and deporltmy lutiodions
Staying informed about market conditinvu, changes and (rends that ngalrc
adjust nenu to invatment strategies.
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Agenda tio.1150
Agenda Item -~y
Date l iP
DATE: December 1, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: FISCAL YEAR 1996-97 ANN-JAL INVESTMENT REPORT
RECQMM£NAATIQiY: Staff recommends that the City Council approve the Fiscal Year 19%-97 Annual
Investment Report. report is in compliance with the Public Funds [nvestment Act and the City Investment
Policy (408.
RACKGROLT, The City Investment Policy (409.04) states that within sixty (60) days of the end of the
cal~3ier, aryear, tTie-birector of Fiscal Operations present a comprehensive annual report to the City Council on
the investment program ar? :.,vestment activity. The annul report shall provide a separate quarterly
comparison of returns and s .gliestions for improvements that might be made in the investment program, The
Annual Investment Report was presented to the Investment Committee on November 20, 1997. II committee
members voted for approval and recommended the report be submitted to the City Council for review (5-0).
PRp~g The approval of the Annual Investment Report
knot a ect any program, department or group.
FISCAL IMPACT: There is no fiscal cost associated with the approval of the Annual Investment Report.
Respectfully submitted: j
a _
~ o
Assistant Ci Manager of Finance
Approved;
• t
ame: to rtiz '
y Title: Di rector of Fiscal Operations
L
1 • 91 J. AGLNDA ~ •
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~Il
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I CITY OF DENTON
i~
ANNUAL INVESTMENT
REPORT
4
FOR THE YEAR ENDED SEPTEMBER 30, 1997
Prepared By The Department of Fiscal Operations
E
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City of Denton, Texas f
ANNUAL INVESTMENT REPORT
I For Fiscal Year Ended September 30, 1997
I .
Ted Benavides
City Manager
Kathy DuBose, CPA, CGFO
Assistant City Manager of Finance
Prepared By:
Diana Ortiz, CGFO, CMFA
Director of Fiscal Operations
Lee Ann Bunselmeyer
Treasury Analyst
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ANNUAL INVESTMENT REPORT
TABLE OF CONTENTS
TRANSMITTAL LETTER
l Statutory and Policy Requirements
Depository Banking Arrangement ..............................................................................................................2
Investment Accounting Methodology . .................................................................3
Investment Program Accomplisbments do Goals .........................................................................................3
PORTFOLIO SUMMARY
Portfolio Summary by Market Sector 5
Portfolio Summary by Broker(Dealef .........................................................................................................6
Portfolio Summary by Maturity ................................................................................................................7
Portfolio Summary by Fund Type ..............................................................................................................8
COLLATERAL ANALYSIS
Collateral Summary., ..............................9
PORTFOLIO ANALYSIS
Investment Management Review.- 10
Interest Income Analysis
Invested Balance Comparison ......................................................................................................13
Arbitrage Review ...................................................................................................................................15
APPENDIX
Appendix A - Fiscal Year 1996-97 Active Broker/Dealer
Appendix B • Monthly investment Report-Period ending September 30,1997
• Appendix C - Monthly Compliance Reporu for Fiscal Year 1996.97 • •
Appendix D - Glossary
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fCITY OF DENTON, TEXAS
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f- November 14, 1997
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
f The Annual Investment Report is wTitten in accordance with state statutes, specifically the Public
Funds Investment Act, section 2256 of the Texas Government Code as amended in 1997. The
article states that "at least once each year, the Investment Officer of a state agency or political
f subdivision shall prepare a wzitten report concerning the agency's or subdivision's local funds
investment transactions for the preceding year and describing in detail the investment position of f
the agency or subdivision as of the date of the report." I
1. STATUTORY AND POLICY REQUIREMENTS
On February 17,1987, a resolution was passed to adopt a formal investment policy for the
City of Denton. The Investment policy is reviewed each year with the most recent revision
being approved on June 10, 1997. The policy designates the Assistant City Manager of
Finance as being responsible for the City's investment program. The Assistant City Manager
` of Finance is responsible for establishing written procedures for the operation of the program.
These procedures include the explicit delegation of authority to persons who carry out the
daily investment transactions. Currently, the Assistant City Manager of Finance has made
this delegation of authority to the Director of Fiscal Operations. Investment officials have
the authority to invest all City funds with the exception of funds contributed to the Texas
j Municipal Retirement System (TMRS); the Firemen's and Policemen's Pension Funds of the
. l City of Denton; other funds established by the City for deferred employee compensation;
revenue bond reserve hinds; and certain private donations. These funds are managed by
outside investment managers and administrators and monitored by Finance and the Human
Resources Departments,
The funds of the City of Denton, Texas, are invested in compliance with Art. 842(a-1) `
• entitled the "Public Funds Investment Act," Section 2. Staff annually raviews the policy
guidelines and objectives to ensure compliance with the changes in state law and with the
investment strategies adopted by the City Council as summarized below in order of
. J importance.
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. 71dwated to Quality S.ncw'
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a. Safety - Investments are restricted to U.S. Treasuries, U.S. Agencies, direct obligations of
the state of Texas and its agencies, fully insured/collateralized certificates of deposit, and
f fully collateralized direct repurchase agreements. The policy also addresses types of
securities not permitted.
Investment advisors and brokers must state in writing that they have received, reviewed,
and understand the City's Investment Policy and will follow its guidelines. The
Investment advisors and brokers must be approved by the Investment Committee prior to
1 performing investment transactions with the City.
All bank deposits and investments of the City shall be secured by pledged collateral.
Collateral is reviewed monthly to assure the market value of the securities pledged
exceeds investments andlor the related bank balances.
[ K Liquidity - Investment maturities are matched with forecasted cash flow requirements to
minimize security sales prior to maturity.
I' c. Diversificarlon - Investments are diversified by security type, maturity, and broker/dealer
to protect interest income from the volatility of interest rates and the avoidance of undue
concentration of assets in a specific maturity, sector, or broker/dealer.
d. Maturity - Established weighted average portfolio maturities may not exceed 365 days
for Operating and Special project funds, 550 days or less for Debt Service Funds. and 650
days or less for Debt Service Reserve Funds; City Council approval is required for any
maturity exceeding five years.
e. Yield - The City is to receive a yield higher than a comparable maturity treasury note for
L taking non-treasury risk. The first measure of success in this area will b: the attainment
of enough income to offset inflationary increases,
11. DEPOSITORY BANKING ARRANGEMENT
In September 1995, the City of Denton awarded a two-year depository bank contract to First
• State Bank of Denton, Bank One, Texas serves as the City's Safekeeping institution and acts
as a third party custodian. Both FaA State Bank and Bank One, Texas have served the City
I for more than eight (8) years. There are three (3) significant cash management services that
are provided to the City. These services are a control concentration/sweep account
relationship, the bank balance reporting system, and the on-line cash management system.
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r 111, INVESTMENT ACCOUNTING METHODOLOGY
The accounts of the City of Denton are maintained on the basis of funds or account groups,
each of which is considered a separate accounting entity. Thetefort, each fund is invested
separately if it maintains sufficient balances. The investment activity of each fund is
summarized in the tables presented in this report. As of September 30, 1497, forty-four funds
had invested balances.
IV. INVESTMENT PROGRAM ACCOMPLISHMENTS AND GOALS
a. Accomplisllerurts
I judif - A Cash and Investment Managetnrnt Audit by Patterson and Associates was
conducted in December 19%, which reviewed the entire treasury operation. The review
provided several suggestions for improvement, which have been addressed. Some
' specific examples of areas improved are investment calculations and portfolio tracking,
safekeeping, and more effective reporting. Performance indicators have been added to the
City's investment reports that clearly tie the portfolio's performance to the applicable
benchmarks. This was recently incorporated in response to the audit. In addition, the
weighted average maturity has been realigned to assume proper structuring for each funds
t cashflow requirements and limiting risk of loss.
Stmoro- In June 1997, the City Council approved the purchase of a state of the an
portfolio management system (Sympro). It accurately and efficiently calculates and
reports portfolio information in various report formals, The system provides investment
and earnings analysis, full-disclosure reporting, a comprehensive master plan of cash
flows, general ledger interface, and updates the portfolio with current market prices. Staff
successfully implemented the portfolio, general ledger interface, and market pricing
interface modules in September. This will greatly streamline the investment process.
ELServ- Over the past several years, City staff has struggled in attaining accurate cash
management systems to allow for analysis of the City's cash position In June, City staff
and First State Bank implemented the FiServ Cash Management System which enables
! the City to access daily balances, transaction detail, and float information, allowing for
daily reconciliation and more timely and accurate analysis of cash for efficient investment
management.
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1 Ineestmenr Training All investment officers and support staff have complet.d the
t - investment training required by state law. The new law requires an additional ten hours of
! investment training.
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b. Goals
Bank NWlitxv After having such a long an established banking relationship with First
State Bank, the primary objective for the new fiscal year is a successful transition to
Texas Bank. In October, Texas Bunk was awarded a two-year term as the City's Bank
Depository utilizing the City's formal procurement procem.
Overnight Investmex! Vehicl -Staff is currently reviewing options for an overnight
r investment vehicle which includes repurchase agreements, money market funds and local
government investment pools, This investment option provides for greater efficiency and
liquidity as well as competitive rates and would allow staff to leave as low a bank balance
r as possible in order to receive higher earnings potential on ntnrketable investment
instruments versus interest bearing demand deposit bank account rates.
Ca 6flow Forecast- One of the most important aspects of cash management is the
attainnr. nt of a healthy cashflow. An observation by the audit performed in December
indicated the need for staff to develop a cashflow forecast to assist in the analysis of cash
mid investments.
Proce r s Afanaal - The current procedures manual for the investment program was
developed approximately five years ago. Due to the addition of the portfolio and cash
management systems and revisions in state laws, this manual is outdated.
t Interest Income - This report includes the earnings generated through investments- Staff
is faced with the challenge to increase the current level with unknown interest rates.
Chanees in Stale Low- Finally, the City's investment policy requires revisions in order to
stay in compliance with State Legislation. State legislation has changed investment WAS
each session since 1987.
L The enclosed Annual Investment Report is in compliance with the investment strategies adopted 1
1 by the City Council and with relevant provisions of the Tex. Gov't Code ch. 2256. The
objectives alopted by the City Council will continue to drive the investment program in the next
fiscal year in order to attain safety, liquidity, diversification, and yield on the City's funds.
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• Kathy DuBa Diana Ortiz • •
Assistant City Manager of Finance Director of Fiscal Opetations
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f GTY OF DENTOH
Pwootfo summary By Uw*Q( So~
1ttQwMr 2nd Quarter 3rd Quertar 4th Quarter
Market Sector Dec. 31 1991; March 29, 1997 Am 30,1997 Sept 30,1.997
US. fatlerN Agency CouPa+ S2T,6%,436 539,480,000 $43,9!!0,000 $31,475,000
VS, Federei Agency-D4count 29,573,561 10,000,000 19.500.000 37500,000
U.S. Tres" Socw*es-C*Wcn 56,T53,000 89,000,000 57,000,000 55,500,000
U.S. Treoswy Anvfted Strip Bonds 3,747,000 3,747,000 3,741,000 3,747,000
Texas MumW"l Bads 4,6W,000 4.500.000 4.500,000 1,500,000
$1 080,000 $126.727.000 $128,727 000 $129 772,000 .
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As of September 30,199T
043%
E- 4224% ■1% D3%
. • Apu~cry C«gen •Apnwy 0boaat C Tnewry Ca;on .
( nsav Gorda vari enae
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i The porVofa is restrietW to U.S, Treasuries (meWrtng in I"s tASn %4 years), V.S. AgencNa, (matwtV in lass
( than two years), bonds issued by Taxes pubic wkib" and rated AA or better (mah,ring In lets Cron two y"rs).
fuly insweNcobtersra W certificates of depost (meNr0ng In less than orw ywy end My coiawaked
repurchase agreements (maturing in V"a than thrty days), The imwtrnenb are diversified by seu$4 type to
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proted interest income from the votahlty of intefM rat" And 10 protect Ow patft110 from (rte ftk of P* 44W
O _ In any one market.
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l _ Poky 1$t Quarter 2nd Quarter 3rd Quarter 4N Ouar" r
Performance Indicalors Benchmafk Dec 31 1998 March 29 1997 Juno 301997 Sept 30,1997
Average YNd to Maturity 8.03% 8.11% 8.03% 5.99%
O poficy 8enchm" 5.49% 8.00% 5,00% 5.10% O O
I mestrrrrd By Type
l US Treasuries 100 00% 49.58% $7.40% 47.19% 49,87%
V.S. Agerx:ies $000% 48.711% 3904% 49,31% 53.17%
State of TX ot>igations 15.00% 3.89% 3.56% 3.50% 1.16%
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f CITY OF DE14TON
ibrtfalo Sammary By 9rokenDeder
1st Quarto 2nd Quarter 3rd Quarter 4th Quarter
Brokef/Dealtr Dec 31, 1996 March 29 1997 June 30 1997 Sept 30 1897
Southwest Co.* $29,005,000 11/1,003,000 i10AN1 00 $25,000,000
[ Pnrdentiat 17,975,000 36,747,000 33,747,000 20,947,000 i
Merrill Lynch' 421600,000 16,475,000 29,475,000 27,076,000 I!
Smith Bamey/Shearson' 16,500,000 14,500,000 17,Doo,000 17,500,000
Fiat Southwest Co • 4,000,000 6,000,000 0 0
Kiddw Peabody 6 Co. 5,000,000 5,000,000 5,000,000 5,000,000
Rauschw Pierce 3,000,000 3,000,000 3,000,000 3,000,000
Felt Tennessee' 0 0 0 5,000,000
Prnclpsl Financier 0 0 0 6,300,000
Evertn Secunties• 0 0 0 14,000,000
Banc One Capital 1,".W 0 0 0 5,000,000
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$122,060,000 $126,727,000 3126,727,000 $129,722,000
Denotes Adtve Broken for Fiscal Yew 1996-97
f As of September 30,
L a% „x 4% tax re soaarnest Co
■ Prudential
s% 13141" Lynch'
a SnAh BameyMeanwn
■ Fwst Soudnwsl Co.*
+a% a Kidder Poo" a Cc.
I ■ R w schor Pierce
111 u% a First Tennessee'
22% lie Principal Frnwotal'
■ Everen Secwltws'
- a Banc One Caput Corpj
• To guard against de!auh pess'Wes, and to assure drversifkation of bidders, b sh"s with any one lesuer, or
investment broker, h smiled to fogy (40%) percent of the total portforio al any Point in time, As Mown in the
graph, the portfoto adhered to this provWon ttuouVxM the fiscal year. More than eighty-on! (61?1) pwant 1
of our portfolio was purchased from eve (5) brokerage firms. This i ustrates a vary good"of eornpetibon.
We berwve that the increased competition we result in higher yields. The morstorlum on krvestmerd pooh halt
in effect
• Porky lot Quadw 2nd Quarter 3rd QuaRw 4th Quwter • •
r Performance Indicators Benchmark Dec 31, 1996 March 29 1997 June 30 1897 Sept 30 1997
H"st &oker Percent <4D% 23 76 % 3136% 31.47% 21.57%
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` Pwwoho summary By tlewdry
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
Maturity Tcne Frame Dee 31 1996 Mar" 1997 ux+a 30,1997 Sept 30,1991
00-08 Months $48,100,000 $16,500,000 527,500,000 316,000,000
06-12 Months 10.SM,coo 21,50,000 23,975,000 19,475,000
12-18 Months 16,475,000 29,960,000 23,005,000 26,000.000 I
18.24 Mantis 24,005,000 24,50,000 26,00,000 19,500,000
24.30 Months 11,000,000 1150,000 6,50,000 11,747,000
30.36 Moths 5,000,000 11,747,000 6,747,000 0
36 6 Over 5,000,000 11,000,000 11,000 000 5,000,000
` 5122 060,000 $12e,727,000 $128,727,000 $129,722,000
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As of September 30,1997 7
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11x 4% . .
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01006 Mors 006-12 Months 012.18 Monh3 01624 Martha
24.30 Months a 30-30 Monty • 36 6 Over
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The risk of market price vOlsb ty is oontra0ad through matwty dMarsftstion. The mi rbn on ow hv*dm rft
we staggered over a series of six4norh hvements. As shown in the graph, more than thirty-seven pwwM (37%)
of our investments wi matwe wthin the mart 9N mores. Approxtr+atsy twelve percent (12%) of the pwftk
matures In twrns greater then two years trot less than Ma. This Is schkwd through ft use of tor"m s hx+da.
The matwdy pattern of" inv msrds was prirrA* seeded to match ft d%Wsarnont requiremanh of the
City which helps prevent the need to iiqukUte of s@14 A major chalargs for ft investment program was aRktiantly
ms4aLning an spproosta level of lquidty wthoul excee4ng tM coWwal level at the Ctys depository.
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I poky 1st Quarter 2nd Quarter 3rdQuarbr 4thQuarW
Perfonnance Ind'cators Ber.dvrwk Dee 31, 1996 March 29, 1n7 June 30.1 DO? Sept 30,1997
• e e
YWighted Avg, MetuOy 550.00 384.00 us. 78 497.13 317.00
Mahm*" <12 months 50.00% 46.00% 29.99% 39.99% 5202% +
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f a7Y OF DENTON
porflbNo Swr.ney By Fund Ty"
r 1st Quarter 2nd Quarter 3rd Qwrlw ft Quarter
Fund Type Dec 31, 1406 March 29, 1907 June 30, Sept. 30,1097
opwabng Fund 570,125,000 365,772,000 3!!.272,000 $b4,12$000
Bond Fund 29,700,000 25,400,000 20,400,000 33,400,000
Reserve Fund 11,755.000 10,555,000 11,555,000 11,200,000
Spedel Fund < 500 000 S 000 000 1,500,000 1,000,000
5122,060.000 1126,727,000 3126,727,000 5129,722,000~
As of September 30,1997
I i% 1%
24%
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e4%
■opemUng fund /Bond Fund
f to Rtsom Fund OSpedel Fund
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As shown in the graph abo»,"moorty of the WA&r nts in ms portfdk sre kr pre operating Funds
[ TNs is typical of moll municipal por fof+os.
me tots) portfolio's weighted avers" maturity (WAM) is in conpThnco wtth the Ombr»M poky
ssshown below. The weighted warp! me" in tlw OpvxbrV and BoM Funds wn longer fto sgprowd in the
Inrastnwnt poky daiiV the first three quwtws of tha year. Staff look approprtale stops in" faith quaRar to
e attain a WAM in Ma with the poky strategy
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Poky 1stQuwty 2nd Quarter 3rd autmw 4th Quwbr
r Peftmsnce InQaaton Benchmark Dec. 31, 1M Mwch 20, 1007 Juna 30,1097 W 30,1007
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e WAM by Fund 0
Operating Fund 365.00 316.00 421.46 643.20 21661 _
Bond Fund 550.00 560.46 610.37 43210 116.16
RmweFuW 0%()0 461.25 4S3.27 336.!6 205.33
I Special Fund 365.00 206.00 127.20 213.07 60.00
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CITY OF DENTON
Collateral i?wlaw
Coupon 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
Securities Rate Dec. 31, 19% Mardi 29, 1997 June 30,1997 Seat. 30,1997
U.S. Treas-xy Note 5.50% $3,042,157 $2,997,188 $3,000,939 $0
Gladewaler Cnty Line ISO 4.50% 376,167 368,199 375,478 0
Mclennan County Tex 4.40% 617,304 610,350 617,694 0
FHLMC 6.50% 944,048 908,335 0 3,517,562
FNMA Se6r~ 1988.22 6.07% 83,302 $0,194 78,498 72,265
FNMAARM 6.07% 98,602 92,136 89,432 86,896
FNMA ARM 6.13% 92,844 91,277 91,086 $5,592
FNMA ARM 8,20% 81,181 79,858 76,412 73,558
FHLMC 7.00% 0 0 0 905,404
I $5,333,804 S5,227,337 $4,327,517 $4,741,276
Average Checking Account Balance $1,977,263 $830,599 $1,124,451 $1,933,309
F_ndnp Checking Account Balance 1,063,964 323.510 1 201,776 2,489,335
As of S"mber 30, 1997
B73% !2%
f [32%
02%
182%
111111111M
f O FHLMC ■ FNMA Series 1""-22
0 FNMA ARM O FNMA ARM
•FNMAARM 0F".C
Chapter 2257 of the Local Govemmen! Code outlines the requirements for collateral protection. In addition,
Tex Rev. Civ. Slat. Ann. Art 2560 requires that within five days alter the selection of a depository bank that
t bank must either lrie a surety bond with the City or pledge authorized collateral with a value of M Ieasl 100%
of the total deposits held with them. First State Bank pkdged a Unked States Treasury Note as collateral to
the City. This Collateral is held with Texas Comrnerce Bank (third party custodian) under a Joint
I safekeeping agreement. fie accounts were over-collateralized at fiscal year-end by $2,25$,943 or 24524%.
In addltton to the pledged ooWeral listed above, the City was covered by the Federal Deposk Insurance
• Corporation (FDIC) with $100.000 of W"ance, The colateral position is montored daky and reported
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I monthly, to assure 10096 coverage of the hxids.
Pocky 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
I Performance IrK cators Benchmark Dec. 31,19M Marsh 29, 1997 June 30,1997 Sept 30,1997
Collateralized Amount 100.00% 269.76% 629.35% 384.86% 245.24%
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For most of fiscal year 1986.87 and prior to that fiscal ye:, the City nuiat&A I pswive iaVCSWk t W*4y.
City funds • cm placed is collakralized of fully=naurod mtificaks of deposit with the City's deposiN ry bank
god hell b M"4. The depository back paid a motectvalty (peed upon rate based on a written bid
received by the City every two yeaes Because of c maW in the tax haws in 1956, it became less attractive for
banks to bold lard inventories of investments that could be used as pUSod oollteral fa local Sov ancuent
deposits. As a result, the City received a very low yield quote oa certifictes of deposit is 1957. Sims the
City could invest directly in risk free treasury bMs and other marketable securities at hWw rake, ,he Ciy's
investments transformed into an actively menaced iovesmxot propam to achieve a) safety b) 6gvidily c)
diversification and d) competitive rate of return. The exmVlc below shows de differawe in earnioy between
the two maayemeot styles.
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Eetlmated InWeg EmM ps • Bendrnal: Rah S 0,824,563
1. Pro-&W interval Eamings - Final yew endnp Sept 30, 1997 7,814,037 }
Positive Income Dillerer-,U derived fromAcW9 Manaptrrrtent 8 .474
0.39%
Puxitive Yield OslNrvn6al ufa7MW tom Active Manapesnent
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Two Year Rate f
Analysla
6.50%
" it Iaa6M , : '
6.00%
Fy f& , .
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~ 5.00%
4.50%
PorKolo -Serchmarit
rTs dedm in sus 1M w.Mr or Mr cs wW year W" can be roWed to e» ,
nscenf slid. N now Jonas Avarapa. Ttv'a r;pp«.e s+. aAuf down el,na
Yrw Yak SkcM Erdorpa as he mukrt trnd b mapwvh air shit in
l M Rs'apn markrfs.
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CITY OF DENTON
#fnWS r OK0WE A AAL Y323
&42* W Un-AAW Vwl4nos t99497 A" Yuirxs Yrl&Vo
I Fv d tame FY 199497 FY 199697 Budp t ys Aduif FY 199596 AeWI vi AchJ Ad uW n Aoud
OPERATING FUNDS:
100 G4rwW Fund 4 S 720,000 S 660,619 S (39.361) S 710,569 S (29,970( S (29,970)
f 261 ROCrsseonFUn 6,000 12,659 6,659 7,712 4,947 4,947
610 EfsemFund 1,625,617 3,376,776 1,553,159 3,232,722 146,054 146,054
610 VMv Fun • 467,721 663,663 415,962 64T,929 235.751 235,754
t 675 NWbwsw Fun • 316,943 417,713 96,766 261,497 136,216 136,216
1. 630 Sold V 233,306 191,517 (41,791) 136,526 54,992 54,992
720 Motor Pod 334,000 366,375 24,375 403,477 (45,102) (45,102)
740 RskMsns9sr1w11Fund 325,000 261,721 43. 244,900 36,611 36,821
•1zLfr pr4r swrlrwwr 4,230,591 6,295,063 S 1.974.472 S 5,666,351 539,712 539,712
BOND FUNDS!
452 Sinsifmpognw4 S 35,769 S $1,524 S (1S,r3S) (15.735)
437 6154 Two" %swn 1,043 5,217 (4,234) (4234)
440 $0101 prOYMord8&bd 5 45,632 15.572 30,060 30,060
NI 1-11 C drmi Obi9som 1,033 7,036
W 19:1 Gwwd Ob4psion 0 60 (6. (05) (6,000)
444 1965 ;w wW Obipsbon 10.275 42,166 (31,913) (31,913)
449 1992 Cor4r6dusi O0409on 4,565 7,964 (3,379) (3,379) .
446 1992OsrwMObipi9on 22,551 101,636 (79,465) (79,485)
446 10030WW*OV926 n 133 2,999 (2,666) (2.666)
456 /99~-J1 Csrvhrais of Obitwon 2,379 0 2 379 2,379
451 1NoCotfioslsofOb6pWn 18,569 10,637 7,751 7,752
452 1993Owrw610bApsion 61,240 90.661 (20.621) (26,821)
452 1996 Gs wai Ob4abw 101,040 22,218 78,8V 78,622
454 1996 CwWkAis of OO gobom 13,434 1,399 12,033 12,035
455 City Hsi Rowombor1 2.921 0 2.921 2,921
457 One rsn0 &A*v Nssdi 6,271 0 6271 6,271
454 onerw*New 5261 0 5,264 5,264
456 1997 C0r4r* Obi9sbon 76,964 0 76,954 76,954
466 To0walogyFwrd 31,921 0 31,921 31,921
Std Sps"Alwwrw4 469 14,743 (14,254) (14,254)
et1 E*Cbx So 4 69,366 151,992 (62,636) (62,636)
612 EINVICBOndSsn001990 25,591 26,479 (666) (666)
S 414 SyiMnE/mwpmcyFund 1,110 0 1,110 1,110
Il sm 199sC*V"*ofOfteyon 31,506 56,416 (20,910) (20,910)
1 434 IMCaMfteofObip Wm 211,357 73,366 139,00t 139,001
set "o,aondsorh01966 26,312 5.703 22,609 22,609
eW New Bond SW%G 1969 27$203 264,460 (9257) (9,257)
• ee3 VA" Rslxd" 60riod WA 0 292,690 (MAW) (292,690)
on Nrdiwsim Bond 97 Rdud 56616 3,517 53,101 57,101
I on N6440"Mn Bond swim 69 0 7,036 (7,006) (7.036)
V3 Nb0w040r Bond Swi00 92 71726 24,029 (16,303) (16,303)
074 ftos SondSO"13 7,407 60,912 (53.506) (53,506) S
473 1M0 swew W4 Swift N 153,160 83.466 69,712 69,712
1 711 1999ACanbOCUdOegam 323 3,517 (3,194) (3,194) y
Il 723 1993 C 0 Mohr Pod 5,210 731 4.479 4,479 • •
• 724 1994 C4 W4vW or 0b006M 1,139 _ 0 1,139 1,139 -
S 1,349,213 1,430,658 S (61,543) S (61,60)
J
11
~e+r~++.w_rr~♦ 1._x...1
1
l
CITY OF DENTON
04 rERES T WCOME ANAL SIS '
I ce Un,k,6nW Variance IOW97 Adual Vrlana Vriwica r
Fund Name FY 199697 FY 199697 eudpal vs Mud FY 199594 Mud vs Mud Adual vs Adud
SPECIAL PROJECT FUNDS"
201 4otalASsdo Fords s 71,262 i 239 i 22,023 22,023
200 4wwoW Cart Seamy Fees 59 0 59 59 .
213 Coen 6,406 0 6,406 8,406
225 Fr► StK*n opwv6or4 2,257 6.598 (4,249) (4,249)
220 Main Strast w 0 80 60
22, CaW*TV, Fund 1,269 0 1,259 12%
I, 2" ANma W*viAdo0on 7,706 2+,071 0 3" (1a,63) (16,363)
245 Moore Bu9:1np
219 Low Lace Enbroar,wt 610a Onrt 5,323 O 5,323 5.323
282 Cwf a Prop" 40 0 46 45
r? porco-SdiedDrugs 2,619 0 2,619 2,619
258 vYwwvFund 1.43a 0 1,438 1.436
M Ep* FowW Memorid W" 1.499 2,376 (677) (eT>)
290 Economic Devdopnwt Cmporion 669 0 a69 669
292 Mdemw Part Trust 997 0 997 997
299 Vot speod Revrwe 580 0 Sao 560 -
We EngbyeeUlaxwm 4,029 0 4,029 4,029
i 59,761 i 33,192 25,569 S 26.60
- i 7,614,037 i 7,129,399 i 484,636 i WSM
#K-0W FOUR YUR COtlMWON
$10,000,00V
I_
$5.000,000
OFY 199697 I 17,61<,D3T
MFY199596 17.129.399
I. 1
~5,iC9~3
• !O FY 199+95
'FY 199=191 - - $4,933,307 I 1 '
Toe toWe above dvr4sbde3 ind W4og r nrds owned aidmoWd it w"
ax" in Ascal ysr 199697 os c 7W&W fo"Ards in fwd yew 199596, ` ~ -
• 1Neres7 umarrat exceeded lxrdpd projea0ra bF S 1,974,371. ti sham n Cu • •
graph above, inCOnli nor down d . rate d app,uirlw.~y now psrarr {9fu
a year.
12
f
r
CITY OF DENTON
INVESTED BALANCE COMPARISON
I (For PwWS Endlny September 30)
1
Un-Audted Actual
r Fund Name FY 1996-97 FY 1995.98 Vart
OPERATING FUNDS:
100 General Fund S 8,000,000 $ 9,800,000 S (1,800,000)
281 Recreation Fund 200.000 150,000 50,000
610 Electric Fund 55,840,000 57,011,494 (1,171,494)
620 Water Fund 5,000,000 2,800,000 2,200,000
625 Wastewater Fund 3,000,000 2,000,000 1,000,000
1130 Sold Waste 3,447,000 3,000,000 447,000
I 720 Motor Pod 5,475,000 5,500,000 (25,000)
740 Risk Managerr," Fund S,000,000 5,000,000 0
S 85,962,000 $ 85,261,494 S 700,506
BONO FUNDS:
I 301 General Debt Service Fund $ 100,000 $0.00 $ 100,000
432 Street Improvement 715,000 500,000 215,000
437 GIS& Telephone Systems 90,000 0 90,000
440 Street Improvement Bond'85 600,000 0 $W.000
441 1987 General Oblgation 8C,000 0 80,000
444 1989 General Obligation 150,000 0 150,000
445 1992 Contractual Obigation 0 0 0
448 1992 General Oblooton 400,000 0 400,000
451 1994 Certificate of Obligation 100,000 0 100,000
452 1995 General Oblgabon 1,500,000 1,500,000 0
453 1998 General Obkwm 1,400,000 2,000,000 (600,000)
454 1996 Certificate of Obligation 200,000 180,000 20,000
455 City Hai Renovation 125,000 0 125,000
457 One Trre &Adirg Needs 400,000 0 400,000
458 One rme Needs 300,000 0 300,000
459 1997 General Obfpalion 3,300,000 0 3,300,000
488 Technology Fund 500,000 0 500,000
611 Electric Bonds 1,275,000 2,000,000 (725,000)
812 Electric Bond Series 1990 500,000 300,000 200,000
614 System Emergency Fund 250,000 0 250,000
M 616 LUOSin" Fund 9,800,000 10,500,000 (700,ODO)
617 UtTity System Reserve Fund 3,500,000 3,305,000 195,000
818 Extension 3 tmprovenw t Fund 4,300,000 3,800,000 500,000
633 1995 Certificate 0( 0b6gatfon 100,000 0 700,000
634 1996 Certificate of Oblgation 4,175,000 4,000.000 17S,D00
1 861 Water Bond Series 1968 500,000 0 500,000 -
E 662 Water Bond Series 1989 5,250,000 5,100,000 150,000
673 Wasevater Bond Serbs'92 0 400,000 (400,000) • •
I 675 Wastewater Bond Serles'96 2,700,000 2,500,000 200,000
$ 43,110,000 36,085,000 S 8,925,000
I
13
•
i
f ,
CITY OF DENTON
f tNVESTED BALANCE COMPARISON
(For PwWs Ertdtng Sapfwnber 30)
I
Un-Aud+ted Actual
Fund Name FY 199$97 FY 1995-98 Va"-"
f
I SPECIAL PROJECT FUNDS:
291 Hot&VWel Funds S 185,000 $ 280,000 S (115,000)
213 CDBG 120,000 120,000 0
[ 225 Fire Station Operab" 0 80,000 (80,000)
245 Moore Building 100,000 0 100,000
249 Local Law Enforcement Block Grant 100,000 0 100,000
257 Pac"eized Drugs 33,000 0 33,000
272 Emily Fowler Memorial Lbivy 15,000 20,000 (5,000)
292 McKenna PM Tn»t 58,000 0 58,000
808 Emgoyee Insurance 81,000 0 81,000
850.000 $ 500,000 S 150,000
i 129,722,000 $ 121,848,494 $ 7.775,508
Invested Balance Comparison
$150,000,000
$100,000,000 ?
$50,000,000
$0
,
• 13FYI"8-97 $129,722,000
' ■FY 1995.98 5121,848,494
OFY 1944-95 81C7.026,494 /
I
993 94 $4,249,494
O
f ti .
• As shown 0 the chat above, the invested baianca for the City has grown ~ • •
J f at a everape rate of approximataty nine po4nl perr"(4.5%) a yw.
rhls sgnibes that the Investment program L7 trrov&*v Cty&vxfs Way
and optimizing yields.
f
14
r,r~ A1,
1
The bord folds arc subject to Federal Arbitrage Rebate Regulatialu which require dlat income earned in the
portfolios by the City that causes d)e yield of the portfolios to be higher Than the bond )field paid on dui debt
issue must be rebated to the kderal gotemment- After a spree-year pe od, these portfolios must be yield.
restricted to tlye arbitrage yield in fiscal yew 1996-91, the portfolios subject to *id restrictioo had negative
arbitrage. Federal regulari(xls allow dw City to average positive arbitrage and negative nbi!rage for a period
of five year-. A detail of the arbitrage IuM icy in each bond issue is shown in the table:
CITY OF DENTON
Sumnvuy of Rebatable Arbitrage
As of 9/3496
Procseds Retie
Kzbakk Remen% lq'MMJ
Derlsery Arlwayr 9/41% As of 940.97 Paid is IRS ~ -
. Dot Pre Anwa tsxre Description
01/21Ia7 500.000 Cew5cm of(761iarriM, (7) D 0
Series 1917 .
02/24117 17,413,000 Wiry System Rewdn4 (6) (1TJW 03) 121,94149 9).100
Series 1967
05/26+17 3300,000 Canert obropiom Series 1987 (139.63479) 9221466 0
OSN3a1 775.000 CruUM of Oblig&m (1) 0 0
Series 1988
03A1R8 3,600.1100 Ornat obr'ratWL Series 19" 4.496.02 1615531 t ANIO
09'0646 3,00900 l.~tlq Syslda Ptresuc. (21 X16.11) )OS,759,T2 21'300
Series 1911
02±71119 3.613400 Otani ow 4iwiw Series 1919 •
8,155,000 CeRi6cfe 0!064 isdiat (11,02271) M497 II 10,6-70 , .
Series 1989
0
1112929 1350400 ccru6ns ofotiotiom (9,118.51) 13.16800
Series 1939A 1 '
11/1979 2ROW.000 UWiq S)' arm Rnenue. (4) 1)19,772,76) 8.15223629 47.477.70
$a'ds 1989
06'19+90 4150.000 Cry6GcteofONi7e[io4 12) 121 121
Series 1990
01101NI 590.000 CemfK*ofObGptm (2) (2) (2) .
Series 1991
. 040742 2.630 J00 GtWW ON Wtiok Series 1992 [
1 1325.000 Ccfi deo(Obi4ltioa, (15694493) 1133,129% 0
ga n 1992
04407,92 1300,000 Ml'ry System Rev*$=, (11421800) 6535843 0
• Series 1992
0213.13 I,4A= Cerufc o of Obrr7ti0n (2.546.20) 1;0.92239 0
Series 1993 i' _
04Q"3 2,975400 OnsaJ ObArtioe. lairs 1993 152,138-0!) 6.176,51 0
OV2093 6375,000 L.ti1[y Symem PANtow. (49,431.11) 33.615.33 0 -
Series 1993
• OK2993 13385,000 SGcmrl eries 99-1-Ai ~ aq, (5) 15) (5) •
00443 2744!,000 uaey System Refiedvy. k1,34 91 22996,119 57 D
Series 1993-A `
06r29A3 6.41.000 LIWky System Rvipa 90044 13) U) 11)
IS
t
,
J:
• 1
LLeb~rOk > Peprere
peGvay Arlaw 00% As of W31"l )Sid IQ IRS
Drtt hr Amorrl hm Dna*6m l
5tro 1993-8
12A1R3 1705,00 Cmi&art o(Obl*Woo, (1,171,20) 61,11521 0 '
Saki 1%3-A
04!2 L94 3120000 CaWkatt o(OPA*dm (2) (2) (2)
Sain 19)i
OY_495 2,000,00 CUVECto(Ob(4or1 (2) (2) Ol
krkt 1995
017M 1,610.000 Oenod Oblipiorr, Sails 1993 (2) (2) (2) ~ -
ObIM 5,190,000 CcmfKjtofObl*Iba% (1,706,63) 3,479,534.59 0
seeks 19%
O&IL% 2313,000 C"adObl*Kkn$viesL9% (3,063.73) 1}9,5,125-57 0 '
06/1 L% 36310,00 LX t3 Syv1m PLoo tReMdeS .
Sain 1996•A 77'5,43 1116.12623 0
061 L% 2.150,00 LMIity Symn Revokic
Sain 1996 (,5,712621 3.355,705 .23 0
L 052091 1,7W.000 Genv.l Obl 34t oe P z Sala 19y7
WA 1.700,000 0 ,
Tod Ca A"" Rebetsble A&WW 906n u 15.439.35 3,1:).33
111 firs IL+biity baited b) pmt o4l aka 4elt ' ~ -
121 Mat tmsR tiara t+ca¢tion.
(3) Tatblt 6m • not vApa b abre. - -
(4) hW9M%o(r,*4i(y Lnlhtmm o(341,1T7.70on127,"
i51 Advff9a rt Ar&W Poz k o mk nrd promdr ptr&rq b vt,rih Sales 1991 vuCOM VCM I
(6) .4ormn ro 7rrekmd peotte6 fore 19M l 1934, pa R. tAtr+{e mtifia4e.
(7) F &~Tcm nt:r1,trabrr
E 7:a spp6nMc kt ~c repcrtirll paid.
• 5
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BROKERIDEALER LIST f
ForFhCd Yw 1990-97
r La~ .
Prknary Tease SEC
r Firm Dealer Registered Cer*4senKe Ralenrme PoEcy ROOM
(1) (3) (4) (5) (s) on Fie
MERRJLL LYNCH Yes Yes Yes City ofCarroitlon Jury 1987
Gty of Gartand
City of Arlington
Jim Elliofl
Md" Tntscher
SMITH BARNEYfSHEARSON No Yes Yes City of Lawt vAs June 1997
city of Houston
Cowie mahaus City of San Antorwo
I EVEREN SECURITIES Yes Yes Yes City Of Austin w 1997
City of Fort Worth
Michael Swan City of CWT~
PRINCIPAL FINANCIAL No Yes Yes City of Rodc*U June 1997
City of Dahl
Ron BoetaM Bureau Of irlaw AIla+rs
' SOUTHWEST SECURITIES No Yes Yee of Plano June 1997
Crty of Graww a
Forde MclMllWns CRy d Flower Mound
FIRST TENNESSEE CAPITAL No No No City of Lewisvefe July 1997
MARKETS City of Sherman
city of HigMand village
Russ Wootery
BANC ONE CAPITAL CORP No Yes Yee Cry of ErMss Sgt 1997 r
Town of HlgtNand Petit
( .
Robert M. PhitHps GrsAarM w
s
FIRST SOUTHWEST COMPANY Yes Yee Yes City of 3outh4*0 Amu 1997
• City of DO"
Trip IrDY Town of A&iw !
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r? C ~ St s
1 5
51 ~a ~ r r ~y N _ 'An vl
F, " C e ti.r YYY - S
~~r t ~I1 l11 rr, \ r yrl~, • <t~ 4j1 a a r \ ~p,~ i! , 1 > s { ih J a<<~t7'il'~1ltY`+A Sr~rr 4~,;tit `,5}1 M..
IS It"
FIf
u a \ .i,Y.Y ~JhM ~'F9
~.k.'~"3.~1r+'f4rtt stY~' 'V
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♦ li ~ ti ♦f ri ',cr.r `I~a4{ yt rf T`'~`31i 1+ty
rr ♦ 51r rA pK.Fi ~,°ti#~Yr~y ~~~~r ~ ~ a~~
f ' <4" l 'f i-4 fa1 L- r ! l+ r ~ Wk i~.`
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r +~r , ~ a v. `1ij d r rr a~t a ~ ny ~ J y~~'g~"F-rnK
r ~ + :~r \a ~ Fh `yry'`.ri ~ 1. r♦~r~i'4t';n~ 4`,•`'4ywJ"'" ii~r:
r Y r t t ' f \ A ' tti 9
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i'"'J r . i 'F,.+" rr~ le y 41{R -.,$F Y,r fZ `p,~
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1 \ r
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r 1 "r' " r y~ Y r l .i x~ i~ 1 r 7+:: 41'1 a i ~3'"~9. t♦ 4y~-,7f
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14
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11 r .4` F a r t. 1~` ~ r
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; f x Y.y + S ? ~ w yl
~ ~ ~ 1 ~ r T 1Ny~
L4 r r r e t C I r :'£t t f "-r j af~' .~yl ,.~t+~~.~ vria°zj~~}jrv YY
\ p r r 1 \IS y 7 S , r 1s ~ c~~151Af~,. vl~! .7 +~~q'1i
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.
MONTHLY INVESTMENT REPORT
P-- &"VSV6wm w30,7007
Faaa Vsfas softy" Wl V" %alpo b y/969a" YiaM
Fedrd Aerxy b,wa404W $31,175,000 $31,402,503 731,507AW 26.52% 440 0 on
I FadrM Atwq 4.uw0i cowt 37,500,000 36,6'36,333 36179,305 26.55% 107 5.61%
Treasury Semxbm-Ca,pon 55,500,000 55,466,746 55.720,100 43 23% 511 0.19%
Hnoebzod Strip adds 3,717,000 3.243,777 3,20606 2.53% 061 025% .
VurmoW fiords 1,500,000 1,496,402 1,501,350 117% 273 561%
I TOTAL PMST►EN76 5129.722.000 $126,312,763 3124,874,545 10000% 367 599%
J( Paioy BWXNY rk 550 510%
POkTFOIIO SUMMARY
- e./+sMG YAM Pudnsss sdnu* 6w &N*v V*6w aw" ti t.A M v4
a dW3tW r or M997 r d W"I r of 89da7 VA" owh*.vA .
Fsa Vakw 512s,e22oo0 32,000,000 31,100.000 $120722,000 0900,000
F4chom Vakw 3127,95,2e6 315:4.811 31,244,000 $127611,00 sm.m .
Book Vskr 3120,061,112 31,524,611 31,273,160 $129,312,103 smi.851 -
MrkalVsYUa 5120,327,319 31,524,811 30,970,565 $128,874,545 357.22/ f561,782
PwOofo WAM • (Days) 580 307 (17%
i----11-780 D±Y.-----181.380 D.~. x1-728 Do" 778 aC*W Tod
800% 28,91% 1301% 36.08% 12.91% 10000%
_ 8rftrifn Par VaLJ Mriwt VAN An ft* bd. Varfrrca FRrco.- p. e
Firs) slala Brik 4,759,679 4,741,278 1,933,300 2,007,969 24624%
opm Funds Moral End FY-TO Dda Yowlers % Eafnad
s1e<,eo9 s1,e14o31
Cu wFud $45,391 s6e1,2e0 720.o00 (31,740) 9462%
Ekrcb RM 262447 3,3".714 1,825,017 1,567,097 10502%
Wdr Fund 25,9m 883,683 447,721 415,262 10421%
YSYdarwlr Fund 19.295 411.90 31$,WS 99,000 13104%
Soi4Waft RRd 16.801 191.560 233,308 (41,748) $211%
Yd95Er UPDA rII TM .conort+y Y turrty In .prod or sfrar2 KaroTic Po~IA. Ow !M Wr BwMe iewn6x nd
Sous VRe@ krvsaaor. Odeon 3,1 W GDP fro poor w wwo" rdo of 3 9%. kKrast raft h I'll 040w10ut kfrad roles
va fs$ in 1w nor ton. 1r4rsd rafts 10 25 b 30 twY porf6 tow* 20 nwO101 Sepmffbw
KM Rdoa CoM strkofs kft--PRd Oudoof
..sl~pt Yew Aao Nov t A% Jan. 1 AWAgf.t Av$
fedrai urdo 525% 5 00% S W% 500% 5 10%
T-ad 3 Mrd% YkNd - - 5.00% $ 20% 530%
T40 V Day Y06d 490% S.18%
T-052V*YrM 530% SAO%
. TN% Rsprt rs n fug owvisnoa w1h dw irnaa6fw t rtaUpy n asf.'blr W 3of Od frwaaYnont P*o Ord to Pubic Fula ~ . .
WNner*N Act ( CB6p1ar 2256 023).
fff -ftftU%sW 06000 RfvYwd or. Orv Oft
_ AslBdvrt C b Monopor of Fiw w* Lftodr of Fned Opa-a rr
Di 1 (j1.~Y~'1Li4.
Proprfd ft Lm Am krd4b"0ya~ . .
rn4a,rr Anwyd
I
1, A
.area Rwat1161m#f#tll6/ - ra: ea.L-,}i _ _
• 1
. ~.....ar....r..rar u~~rawwevaw~aarrr•e-~nrvr/i ~~~aF9a~ ~D9tlt.Bl~Y.f/~WaaleY~~lr~.e~y{+a~fn~rati~.0►w.rrgqr~w,l+ti1+~~.~.~.+.~..~......lsr,.~.~...~.~.r•.w.+...
t.Y 1.166 ~IRB -Wl M ~a W ~7 iM~l ~7
11/]6!199 CJ TT OF DFMON IC - 1 3
INYESTW" CZASSf F1CTTI07t - MY
SORTED By Issu" M.Mrllff
SFST[7m ER 30, 1117
INVLST14EY7 WT. SO. ADYJS D 9P&M AIDRTIZED PASS 115 i
llIMIN rum ISSUE! T7F[ CVSTPWM CUSS FACI VALL75 MATS 14ARLLT PRIG VALAIS CDST RE FORM VALUR
R-1064 616 FMC FM 31115129A1 T 5","0.00 09/10/1997 09.5730007 997,155,00 416,750.00 417,155.00 l
B-7779 ❑ i FPO FAD 113113QB7 T 71OOC, OOO.OD N/30/1117 99.0100000 1,110,700,00 1,976,778.11 1,910,700.00 -
0-1117 610 FPO FAG 313311FA1 T 1,000,000.00 09/30/1917 99.9700000 990,700.00 1,000,000." 991,;00.00
-qtM /2AL and AVEFAMS 1,000,000.00 7,979,900.00 2,919,000.00
7,916,771.19
f .
0.1076 300 FIRJ PAC 317394W7 T 7,500,000.00 01170/1197 100,0000000 2,500,000,00 2,506,"0.00 T, SOY,0".Op ! A!
8.1090 4SS F1CLA PAD 31JUSM T 115,000.00 09170/1107 99.1000000 173,975,00 1221961.75 123.973.00 1
■-1011 633 FffiJ FAO 111195M T 774,000,00 09/30/1997 99.1000J" 693,700.00 691,597.00 603,700.00
8.1017 634 MAI FAD 113325M T 175,000.00 01/10/1197 11.1000000 173.975.00 177,110.25 17)1925.00
8-1016 477 MAN FAO 313365916 T 931C"." 0!/1011997 96.1600000 88.396.00 67,661.60 {1.3{6.00
0-1067 688 FNLD FAD ]1171 W4 T 60.000.10 01/10/1191 96.1ioaO" 79,921,00 77,103.69 11,528.00
8-1061 453 Tlad FAD 313)ISSJ6 T 100,000.00 09/)0/1997 91.1400000 98,110.00 97,379.54 11,lw,ao
8-1069 632 PNIJI FAD )l]]SSSJ6 T 590.000.00 01/30/1197 91.1600000 579,144.00 574,519.31 S79,149,00
8-1090 44S TN12 FAD 33331SSJ6 T M, "0.00 01/30/1917 11.1000000 111341.00 17,041.C0 11,144.00
0-1001 116 FWA FAD 377319514 T 467,000.00 0913011917 11.1600000 397,690.00 360,511.27 302,440.00
8-1097 453 MIA FAD 3111ISSJS T 11000,000.00 09/30/1197 06.1600000 511,600.00 97),11S.S6 111,600.00
8-1093 444 rMIJ! FAD 313315576 T 15010".00 09/30/1117 01.26000D0 147,240,00 146,069.31 147,240.00 -
9-1110 616 r" FAO )l)31STL4 T i's "'000.00 09130/1917 91.6100000 2,449,250.00 7,431,044.79 2,440,250.00
31 1161 611 rb" FAD 3I)JOSUKA T 7.000."0.00 01/10/1997 17.4"0"0 1,911,000,00 1,946,913.33 1,119,000.00
0 1101 126 FxID FAC 1%339371% T 1.475,"0.00 09/30/1997 %30.110"00 7,414,405.00 2,411,362.27 2,991,405.00 ~
o 71'0 100 FXL6 rAC )l3JMOM16 T I,soo,ao0,0a 09/30/t»1 190.030"00 1,s",450.00 1,991,622.13 S,S00,9s0.00
c 1:ea 610 MLS FAC IMMIRA9 T 2,500,000 OO O$/10/1111 I00.000OCCO 2,5","0,00 2,500,006,00 2,500.0".DO
88:1 740 FWLA FAC 713195006 7 S. 000. 0".00 01/30;11197 100,94"0" S,"),000.00 5,"0,435.11 1,09)."0.00
N IIP.i C14 FHLA FAr 31 J Im OW1 T 7,0".000.00 01/10/1917 100.4100"a 2,001,/00.00 1.999.0s") 7.001,900.00
N 1142 459 FHLM FAC 7111 WKI T 1,000,"0.00 01/3011997 1".11000110 2,001,490.00 319911541.51 2,003,{00.00
-
7
S;H7:,7ALS an,J AVERAGES 35.97S.000 00 75.171,705.00 15,124,705.W 7
15,772,570,66 !
0.1174 Soo ML : FAO 1133$ME1 T 1.000,000.00 09/30/1997 41,7700000 117,700,00 113,050.00 997,700.00
0-1376 610 FKLW FAD 317197NF4 7 2,000,000.00 as/)0/1417 90.4700000 1,993.400.00 1,910,215,54 1.19).4".00
0-1176 100 /71L4C FAD 3131tMI T 3,000,"0.00 09/10/1997 90.06"0"0 2,971.1".0/ 2,912,014.17 2,971,130.00
0-1176 610 FN121C FAC 3134A111S5 T 7.000,"0.00 05130/1197 11.1700"0 6,197,"0.00 7,0",880.00 4,f%7,100.00
S
SL®7OTAL3 And AVuh= 11,000,000." 17, 060,a".00 11,960.6".00
v, 988, w. n
8-1061 662 PM FAD 1I1s61Fis 250,"0.00 09/20/1997 9f,7400ODC 240,350.00 2161520.49 70,341.00
B-1071 433 rwA FAD 311519NB3 T 125, "0.00 09!30/1597 91.74000" 179.479.00 123,290.16 326,675.00
8.1071 611 FWKA FAO 3735816495 T 3001000,00 09/3011907 %0.7400000 141,221." 295,124.61 291,220.00
8-1074 661 MA FAD IIIS19MRS T 500,000.00 09/30/1907 19.140"00 491,70D.00 4s1,041.39 488,700.00
8 1015 613 rw FAD )11519NBS T 275,0".00 69130/1997 19.74000" 214,195.00 271,112.76 274,215.00 '
8.1016 414 FPO% FAD 1115691185 T as?-000.00 09/20/1997 $9.7400008 20,3SO.Of 246,520.69 249,250.00 -
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SORT[D 4y Y I55[0 A71.ACS [IR
stslva0 10, 1517
IMY)sTME)rr Mr. REP. AOJV9FID IIIAAP9 AMMrI2= FASA 11S
1ft96,Q rLm ISSMIR TY01 [16Ia14M ---•CIASS-- FACE YALIIt DATA pwxl? PRICE VAUX CO" A270 , VA1A
I
00
6-1017 617 R04A VA0 11151rii5 T 100,000.00 05110/I9f7 Witt "00 79!,270.00 7fS.I.43 299,220.
0-1175 loo r" 7AD 71 sl"C1 T 7,000,000 " 09/30/1997 99.1+00000 1 J 12.100,00 C0o0." 1,043,600."
0-1117 610 FIM FAD 7115010117 T 7,000,000.00 07110/1997 99.7100000 11914.700.00 11+75,176.1! 3,911,700.00
A-3065 ilf rim rAD 711.39001 T 1,000,000.00 05/10/1991 91.1100000 !11,104.01 911,t30.o0 711.100.00 E
0-104 410 YW14A FAD I11iWA1 T 5,000,006.00 09/10/191) 17.1)00000 1,15{,509.04 4,710,500." 4,!04,500.00 `
0-1111 410 r77MA FAD 313S19Vr4 T 1,000.000.40 of/Jo/1997 01.))000" 71519,100.00 71017,407.s0 7,!11,300.00 k`I
0.1113 475 r1M11 FAD ills$"S T 1,000,000.00 09/3011!97 97.7100000 977,100.00 177,400112 979,100.00
0-1114 667 r1NA FAD 313s19m T 7,000, "0.00 09110/1257 57.7100000 11146.700.00 11945,701.57 1,046,200.00
0-Lies 610 9214A FAD 333501Y12 T 3,000.000." 09130/1997 91.9700000 7,909,301.00 ] "1,4J 1.11 7.90+,100.00
0.1114 101 F714A PAC 71144CJA7 T 4001000.00 09/3011047 300.3400000 401,360.00 111.319.51 401,140.00
301,070.00
■-111S 459 F)M FAC 31364CJAI T 300.0"." 05/10/1991 100.14"a00 101,020.00 299,119.69
0.1114 4,15 MICA r1C 111640),41 T 100,00036 09/10/1997 100.140"00 701,O10.D► 191,11),61 101,0]0."
1-1177 452 nWA fAC J1344AN)2 T 1,500,000.00 09/33/1997 99.5100000 1.495650.00 1496,31544 1.106.430.
),016,100.00
0-1129 625 rt14A FAC I»64CPS9 T 3,000,000.00 o9130/It57 100.5400000 3.H6.LOO00 11002,063.33
S'ArOTALS AM AVARX:Ef 76,500,000." 327)50.00 74,327.+50.00
~
25,991,050,45
0-1111 :41 1%M/ 149[ 441141VL6 T :00.000.00 01/30/1957 100.0900000 200,140, DO 159,120.71 ]00.110.00
0-1117 170 /6113 16C 447141WIA T 100,"0.00 09/30/1017 100.0900000 300,370.00 700,413.71 100,270.00
0-1113 616 "1 MSC 442149" T 1,000,000.00 09130111!1 100.0900000 1,000,900.00 04f.6D1.OS 1,000,900."
•
SrATOTAIS 6130 AvrR.%XS 1,500,000." S,sol,ls0.00 1,199,401.57 I.so1,150.00
0.1111) 100 T-Win TIC 917027x16 T 2,000,000.00 09/10/19!7 100.0900000 7,001,134.00 2,007,761.71 7,0011000.10
S 114) 101 7-Writ TVC 917177x11 T 63,000.00 09110/1591 100.0!70004 61,04.90 40,177.27 65,054.!0
5-1111 751 7-'ATC TAC 917177x11 T 11,0".00 09/10/19,7 100.0500000 11,029.70 32,931.42 31,029.70
5 - nos 249 T-MOT: 9110 517127x41 T 100,00440 09/70/3991 100.09000" 100,010.00 99,752.11 100,090.00
S 1146 24S T - MOT) TRC 91712nue T 450.030.00 09170/1997 100.09000" 4S0,40S.20 449.044.71 4se,40s.oD f
1.1141 464 T-160" TIC 112127x31 T s",000.01 ot/70/1997 loc. 0900NO S00,450.00 491,940.9s 500,452.00
If,1U.SO
S II49 277 T-NOTE TAC 912 121)11 T Is,000, Do 05/)011997 Ioo.o9ooD00 11.013.69 1-/,9S1.11
I ]ISO 616 T-W)TV TIC 512127901 T 1.000,000.00 09/70/1997 100.0900"0 1,000.900.00 997,121.71 1,"0.900.06
A-1151 711 T-1x0% 'MC 9I21SMU T 120.000.03 O9l3O/19>) 100.0)00900 120,301.60 119,753.43 170,104.00
51157 701 T-1107% Tlc 912127x13 T 143.000," 05/10/1997 160.0900000 165.14130 164,697.01 165,1).50
S-1151 797 'r - WOT/ TIC 012121x11 T $6,000.00 01/10/1997 100.0 "Coo 36,170.40 S5, 06l.62 54.050.40
0.1155 610 T•MOTL TIC 912177,145 T 3,000,00D.D0 011.0/1904 100.0400006 1, at 1, 600.04 2,011,769.00 ),001,1".40
0-1095 610 T-MOr% rAC 912127576 r 1,500,000.00 0000/1917 100.43000)4 7,627.050.00 7, S20.164.64 7,577,0" ,00
1-1097 459 T-10M TAC 913127n7 T 1,030,000.40 0917011197 100.1400000 1,"1,600.10 {,016,6)7.41 1,143,400.00
1 -11" 411 T-100111 rWC 117321191 r 1,000,060.00 0913011177 300.]500004 1,402,s 01.0D 11017,410.22 1,007,600."
l 1170 417 7-117f0 roc 0120271,26 T Soo, "(1,00 of/30/1117 +9.0400010 499,204.00 145,440.» 109,701."
A-1303 443 lf/xm T1C 9121771,47 T 1","0.00 09/3011697 19.6900000 711,570.00 7"'eso.06 797,970
1-1104 454 T-DJTA TWC 0124271,43 T 200,0001" 09/3011997 to.6900"0 19!,140.01 199,077.26 359,111,60
1-1105 4se T-)10719 TIC 91202ILA3 T 700,11W OD 0513011997 04.A 5D"00 259,170.05 791. MAO M.070.00
0-Vice 614 T~AO7% TAC 517u7LA1 T 1,300,000." 05/1011+s7 WOW" l,7fs,914." 1.]51.444.11 1,15s,110.00
1-3177 107 T-MM TLC 02243IL43 T 400.000.00 01040/3917 99, 4NOW 196,740.00 I91,D44.61 301.760.01
A-1201 616 T-M07% nc 91212 7" t 1,100,000.00 01130/1951 99.49000" 194,900.00 991,009.01 !96,900."
1 ~
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1111{/1997 CITY OF mwrcIi 1C - I
IMESI 41= CLASSIFICATION CITY
SMTCO VY ISSM AM1 ALCI12'
SSPTD*" 30, 1997
1MYCSTWM /9PT. RCP. AOJUSTM WKVT A497RTI740 FAST its
Nilli7l ruvo ISSU77l TY91 CUSII" CLASS FACE VALUI 3UT1 MARM PR1C1 YA37C COST 6R6ORT10 VALIX
P-1109 434 T-WMe TI[ 9MV1,4i T 1,000,900.00 09/30/1991 18.189DD0O 994.900.00 1911, 000. DD 996,900.00
0-1117 425 T-)WTI TRC 912627!24 T 509,000,63 18/30/1997 !3.1400000 4!41700.00 414,179.11 196.700.00 1.
3.1111 475 T-)WTI TIC P17071124 T 1.500,000.00 09/10/1997 10.3400000 11499,100.00 11114,630.67 11490,100.00
0.1119 120 T-1071 TIC 117427124 T 1,009,000.00 09/30/1997 99.1400000 3.010.200.00 2,94S,017.41 71160,200.00
8-1120 614 T-11071 TIC 111177924 T 7,500.000.00 01/3011997 99.3400000 2,403,S00.00 7,419,619.57 3,413,s00.00
0.1127 620 T-31071 TRC 9171272[7 T 7,000,000.00 09110/1091 100.1100001 7,907,201.00 11915,590.7% 71003.200.00
0-1174 610 T-310f1 TIC 917177!37 T 2.D00. 000.00 09/70/3117 99.4600000 11993,200.10 1,196, if 1.24 11993,200.00 F
P 1125 611 T-IOT4 TSC 912027PI3 T 1,000,000.00 os/t0/1917 0'.6600000 191,600.00 938,165.11 994,100.00
0.1127 620 7 -310T[ TIC 912027172 T 3,000,"oleo 09/30/1197 100.1800090 3, 016.4 D0.00 2 .992.14 L 60 3.0291 400.00
0-1126 41D 1-10M TIC 912177071 T 6, 0W, 000. 00 18/31/3171 101.4700000 11,0131500.00 7,033,179.11 S,073,!00.40
1.1131 617 T-1070 TIC 312127719 T 3,so0.000.00 0!/36/1991 100.2600000 3,909.100.00 3,419,310.16 1,309,100.00
1-1131 47S T 91aT2 TIC 912127571 T 11000.000.00 09/30/1997 118.110D00D 1,031,190.00 1,021,416.40 1,130,100.00
0.1134 610 T-RJTI TRC 912427371 T 31400.000.00 09/10/1097 101.1109001 3,737,160.00 1,7011,906.13 3,7x,140,00
1-111% 4s1 T-Part 71C 912637$79 T 400,000.00 0913011991 Iwiloom 413,246.00 411,747.34 416,360.00 '
0.1116 610 T-MOT1 7[31 912620AV9 T 3,747.000.00 0911011997 31.11090" 1,26,,185.70 1.247.776.11
7, 267, IIS .20
1-1117 667 T-MM T7C 912627294 T 3,000,000.01 09/10/1997 100.0100000 3,000,900.00 7,931,954.21 7,006,900.00
0-1131 610 T-20x1 Tic 11 a 43 M4 T s, 000, 000. DO 09/10/1997 99.1401800 4,954,000.60 1,947,041.14 1,951,000.00 II
91l70TAId 6M AVnU0e3 59,244,000, DD 91,915,916.20 51,90S,P1S.20
51,733,605.57
TCTAL T9YFSTMENTS ud AMAGES 1 179,777,000.00 126,474,5{5.70 179,174,63540
120,371,107.01
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Iil/31(7777_.. 97-3 F--Z EN CI D.77I7R e~ 1r--l l_J It t.--..,
MATURITY REPORT CI 1T
RtPTDIIn 1, 1617 - st"VY1 30, 1111 AM.ACCIIR
I MVt5T1ffM ISRICA STATID MATURITY KWC St 1UITIJA ITY MkTURITT M KIK
K ow" C130t TT P/ rACT VALDt RATE DAI71 DATL 9001 VAUX IMMIST PROCT=S
TLLaJ3, AGDKY ISSUSS - MSCQlR
0-1151 rw PAD I,o00,000.00 5.400 0910J/01 01177151 071.700.00 2,4aa. a1 1,900,000.90 1,101.09
2,7q .SO
0-1159 P10S PAD 11000,000.00 1.430 of/17/57 CwOfl 587,117,30 ].]07.60 1.400, 00.00
0-1177 n" rAD 1.009,000.00 S.370 01/11/97 19117117 551,305.04 9551a 1,000,000.00 107.10
0-1190 rum ►AD I.009,Oa.Oa S.110 05/31111 IVIVII Iss'7S4.11 12IM31 1100O.D00.00 115]15.93
0.1141 MKA PAD 1,SOO,ODO.DO 5.130 01/72/17 07/15/97 1.9141674.7S 151177.76 11500.000.00 IS,371.75
2-1143 rNIM rAD 1,190.000.09 5.910 09124197 07102107 1,016,%14 13 11,115.67 1.200,000.09 11,196.67
0.1177 PB171C PAD 2,000,900.00 5.110 09/75/17 4/10107 1,115,511.47 91983,11 2,000.004.60 4,411.11
■-I363 rxu rAD 1,D00.000.00 5.450 of/10/97 06/07117 911,/11.77 1,166.47 I, 090, 004.►0 11,146.67
I
.
■-1144 r11U PAD 2,W.D".00 5.950 09/10/97 04/07107 1,963,444.97 111137.11 7,000.000.10 76,111.17
SUR7OTAIS s 2I.SOo.900.00 11,496,613.17 701,166.01 11,970,000.09 1071144.4
TOTAL MA"JTISS 5 11,600.000.00 11,476.633.92 1071399.01 11,600,000.10 101,14 .94
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SCR4Ba 1, 1557 SoP S"m 10, 1951 WI.0,Mtrr
SAU SAU sA1Y lw I>
IKWPO.I.. I FACI YA1.0[ M7i )N SAli
1 0w004 ATI . DA?l MTi MTi X000 IALOt .....l9'I ~
rEDcXkL WL7K7 ISSM - Ox"
N•11S4 f1M\ COMM." 4144 O5/11/0f 11/35/11 01/11/97 4,000,000.00 5,000,"0.00 110.100.00, 4,110,00.40 170,000. W
r"ASU4T SIN4i Tiss CWf011
9,444, 175.Op 74.711.66 l,Slf, Ns,11 141014411
0-1150 T4M f.s00.00.40 $.17 11130101 oll"Is7 WWII 5,513'04i.s1
0.1115 1 }Olt 4,000'ala.0e 7.1S 01/15/01 Di/14/97 49/24/11 4,]41,714.1) 6,311'7S-00 SO."] 4s .-..4-112-510.41 114,124.15
-
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ZATPIALS { 19,160,000,00 I5,111.4%OA4 11,7x,710.04 IIS,24S.14 ss,111AW14
TC?Ai, SALES 1 11,500,000,00 190171,{10.64 If.70s,20.00 264,045.44 W451.11s.14 a00,IN.Se
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PURCHASES 3tPCRT GIST
EL)TDlGi 1, 1191 . St9TtW" )0, 1517 AM' 11T
I1Mt.STwtm ISSUER 6TATED 9ATLRITT 1CRCt1AS11 m PAYMM PRINCIPAL ASCR. Ili.
IflMan COOP 7'7P1 PACE VAL00 RATS D11Tt DATR 165 DAM P1RCM&M 94RCKLM 1001 VALUE
T1bERAL ArAm 7 ISSUES - CVt1FClf
0.1167 r" FAC 1.000.000.00 4.14a 05103/1909 05/0111117 41140 01143 - 09/03 11000,000.00 6.00 1, OD0. 000.00
D•SlN MA PRC 2,SO0,000. 04 5.171 411/7411M 95174/1011 S.f7S 01/74 - 01/74 ].500-000 10 ...............1.00.-•-..••. 7,5t1,000:00 ii
EvyrOrALS f 3,SDO.040.00 3,500,000.00 0.00 11,100,000.00
FEDIPAL A0001t ISSUES - DISCCA]rr
0.1176 rAtw TAD 7,000,000.00 S.J90 10/71/1517 09105/1597 S.SO3 70/71 - MT 1.914,775.S4 040 1,966,27S.S6
0.1671 F3DAC TAD 7,000.600.00 5.310 09/75/1597 05/1011907 5.443 15/75 - IRS 1.99S,514.67 O.nO 0.00 .
0-1175 FWA FAD 7.000.000.00 %.I00 10170/1997 09/11/2997 5.507 10/10 - RAT LOM4.10a,oo 0.00 1,914,100.04
0-1117 nm FAD 71000,00040 5.110 11/11/1997 09/11/1917 &.511 11/71 - Pat 1,179.771.10 6.00 1.576.771.60 ,
0.1177 J9IA FOD 1.000,000.00 5.170 09/16/1907 01/17/1997 5.449 00/14 - 1At 999,106.00 0.00 6.00
0-1174 PHtAC FAD 1,000,000.00 5.400 l0/15/1917 09116/1191 4.417 WIS NAT 005,046.00 0.00 095.050.00
3.1115 FFCL FAD 7,000.000.40 1.110 17/0411151 09/74/1511 S.Sll 12/04 MT 1,974,171.51 0.00 1,911,176.91
9-1140 NIA FAD 21500,000.00 5.115 01/06/1191 05/7411197 5.194 03/04 MAT 7,439.011.79 0.00 2.439.044.79
1.1161 FILLS FAD 7.000.000.00 6.190 01/70/1111 09/74/1957 5.011 01170 - MAT 1,946,996.33 0.00 1.946,951.33
0-1197 971% FAD 1,000,00(1.01 4.390 63/7611951 01174/1197 5.619 07/76 M1T 7,917,007.0 6 t0 11917.607.50
0-1193 IWO FAD 1,100,000.00 5.190 43/7611094 al/7111907 1.611 01/76 - 1AT 177,100.13 6.00 971,440.13
0.1114 f1PA FAD 7,000.000.60 5.)90 03124/1994 09%24/1007 L 611 43/75 - MT 1,145,701.67 0.00 I, 114,701.67
0-1115 FIMA TAD 3,006,000.40 S-140 04/17/1991 06/74/1917 5 ,Sit 04117. MAT 7,106.433.31 0.00 2,906,431.33
0.1171 MW FAD 31001.000.00 6.409 12/04/1517 O1/1011917 $.112 17191 - RAT 7,177.174.17 ......0.04........ 7.177,OR.
St%TVIAIS 1 21,500.000.110 11,071,016161 0.00 71,010,114.56
L .AL LV%,WkAS S 17.000.000.00 11,171,410.61 0.00 76,571,116.56
•
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R - ACCrv!d Interest at Purchase Received
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PORTFOLIO REPORT AS OF AUGUST 31,1997
r _ MARKET VALUE OF SECURITIES
l ,
% d21kt VaL
_ Stcur-"X-T P2 Parx t3l.!' Purchase Vakki - hook Vakw &mymkw_ To thr Vatuy
U S. Trassury 574,747,000 $74,060,435 374,360,941 $74,465,645 99 6E%
U S. Agency 52,575.000 52,091,657 $52.326,109 252,306,022 99.49%
Municipal 1,500.000 1A96.065 $1.496.218 $1,492.275 9949%
(Taxable)
Total Secumbe . 126.822.000 127,671.177 128,157,207 128294,142 99.59%
1.
_ Total $126822,_000 2127,674177 $126,187,2671 $126294,142 $9,59%
PORTFOLfO SUMMARY REPORT
Beg" Book Value as 0107/31197 3125.758,674
Beginnirp Market VaW n of 0751A7 3127,260.434
'WAM at Begming Data 496 50 Days
Ending Book Value a of 08/31197 $128.1 e7,267
Ending Market Value as of 06!31197 $12!.294,142
■ Urreauzed GmOlciss) $105,875
!R 'WAM in Enduq Date 559.10 Days
Change to Market VahA $1.033,708
'Wrgtued Average Maturity
this report is in Ul complanoe with the investrneM strategy as ntaDrmhed for ten "anent Por folio
and the PvW c Funds IrwestmerdAct (Chapter 2256,023)
•
anu 4yManapercoFinanc4 i` DmWofFWMOqustans
• aevw *d by Fov Co
c9SK 97 Pape 1 H6AW VIA'
i J
f yr
•>'i. i ,'i' a , 1 Cal f` 1'. ~ 4 ~l l ,rj '5~~,.r{l~rp 1• t\
I
PORTFOLIO REPORT AS OF JULY 31,1997
f MARKET VALUE OF SECURITIES
% of Sit VQ.L
TY~ pw Vafw_ _ ftpm " Vaiw .gook Vahs~ 1ii*.e v.M,. To Part
f U.S.Treasury $61.747,000 $61,100:466 381,360:881 $61,e18,743 100,12%
U.S. Agana 85,080,00. 64,710:592 $64:672,410 564,941.491 9279%
I. mumoat 500,000 498.695 5499:383 $497,200 99.44%
(TaaWe}
' Total Secuft" 127,327,000 126,317,753 120,758,674 127.260:434 9995%
T4!sf L~1Z7~2~o001------~121s1r75J .s126750,e71~_ 1~~04L__ 91.95_
PORTFOLIO SUMMARY REPORT
BegMng Book V" a of 06130/97 $126,145,623
Slo wining Matkat Vsk a as of OW N7 $128,148,674
"Mm at Bagw ors Dafa 497:13 Lays
Erring Sook Vefira n of 07/31/97 -W0,7531T
I Erm%N Mw*mt V" M of 07/31 R1 $ 512500,134
,760
Urxaataad Goraoss) $501
NVAM at Er4rg Data 496.50 Days
Change 1o Mar1 d Vak* ($888.240)
•Wel h*d Average Makxity
This report n In full cwrPUncs with ew Ov"l wnt strategy n esUt>fahed for tlw "**rem PWOU60
• and"PuDfrc funds InvetEneM Ad (Chaptw 2268 023).
J
Lv f e
4y Aar epM d Fnandl dada of Fscel Oqe atone _
• ti
Rev awed ey F nt Scwl u Co ,
111 Tns .Ally 1997 r@W is &pV*vW by Fnl Sft*" t Co. *0 two e.uvrane The arospfbnl are OsrwMd ('Y in 04 row dwn ap0ow -
f HSARY Wu4
py29A7 p'Qe 1
f I
a
r
1
PORTFOLIO REPORT AS OF JUNE 3G, 1997 -
MARKET VALUE OF SECURITIES
% of Mkt VaL
3ecurftp?Y?! par Valve Purchase Valve 8Q4k Vatlw Mar$aWvm!" To P9r Valve ,
' U S, Treasury $60,747,000 $60,200,766 580,368,574 $60,435,124 99.49%
` U S, Agency 63,480.000 63,171,608 $83,275,501 363237.483 99.62%
1-
Munidpal 4,500.000 4,495,227 $4,498,548 $4.488,930 99.75%
I (Taxable)
Total Secu"" 128,727,000 127,887,601 128,145,623 128,161,517 99.56%
1. Total 1.8.727,000 5127887801 128,115,623 5120 t61,517
L -
{ PORTFOLIO SUMMARY REPORT
Beginning Book Value $124,187,854
Beginnk+g Markel Valve $124,087,730
w 'WAM at 8eg;nn rg Date $47.70 Days
Change to Markel Valve $4,073,787
Ending Book V0A _5126 145.623
Ending Market Value $126,181,517
G&rv(Loss) $15,893
'WAM at Ending Date 497.13 Days
oWaigMed Average Maturity
i
• Tres report is In fus compliance v4th the rove brrmW strategy as estadished for tM Investment Portfolio ,
end the Public Funds Inv*Or4M Act (Chapter 2256.023).
.
t Asst City Manager DvecWofFw* i
Of Finance r ♦ •
l- RevO"d by Fni Sc Co. i
1h1Ne Peas I HS)UNEy4K4
"-u.' • 1 4.. -6 .i -}r=te. ,ice -.vRl~~~-~` it 4cSrwt S i~ r ~+5,' t:
•
PORTFOLIO REPORT AS OF MAY 31. 1997
MARKET VALUE OF SECURITIES
l
Sm Tm ' % of h ft Vol. j
Pr Voles PurGlaw Voles 192k Yaw ~ "ItitVehw 1To Pr Vaiw
[ U.S. Treasrry 561.747,000
$84,210,970 $64,3.49,2161 $U,302,5781 9941% ~
[ U,S.Igency 55.480,0001 55,245.9531 555,319,1941 555,239,2971 99.57%!
f. t ) 4,500,0001 4.496.227 $1,49!,192! s4,4dS,ASij 99.a9%f
' Tolal Securities 124,727,0001 123,982,151 i 124,187,8611 121,087,730 99.011
TOW 5124.727000 $1239821511 S121187,881! 5}24,087.1301 9949%
PORTFOLIO SUMMARY REPORT
9e9v"v Book Vek» $122,126.314
Beginning Market Value $121,823,327
'WAM at Begirwting Date 580.99 Days
Charge to Merkel Value $2,484,403
E" Sook Value $124,187,864
Ending Market Value 3121,087,730
Gain/(Loss) (379,924)
'NAM at Ending Date 517.70 Drys
'Nes0ted Aver" Meturily
Ttvs report is in U oompOw" with the investment strategy as estaDlithod for 7n Mv*W*,rt Portfolio
and the Public Furls (nvestr11" Art (C %ww 2258.023).
•
.r
1
;rector of Finance per
Fsrle ed by ma rme for
_ Nidit found Wmplunca with ons acpw vet r*W. the ncspt w w+7 ba mvMwed wlel tfie Inveabt* Comersss 611W,
1r71r9e
pp♦ 1 ke1,lAY NAf4
r
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l
PORTFOLIO REPORT AS OF APRIL 30, 1997
MARKET VALUE OF SECURITIES
' %of Mkt Val.
Seewity TyFa m talus Pureflwo Value Book Value MwWt Value To Par Value „
US Treasury 569,747,000 $6$188.217 568.326174 $68,034,721 98.96%
U 5 Agency 49,480,000 49,231,382 $49,299,537 $49,107,341 9925%
Munopal 4.500,000 4,455,727 $4,497,803 54,481,265 9958%
tT ara abte}
TotalSecun4es 122,727,000 121,914,825 122,126,314 121.623327 9910%
5122.721,000'' S12i,914,8261 WZ126.3141 5121,823.327 _-.9910%
PORTFOLIO SUMMARY REPORT
8pinmi g Book Value $126,019,080
Beguuf irg Market Value 5125,455,881
'WAM of B"Mrung Date , 585.78 Days
Change to Market Value (53,632.554)
Endue Book Value $122,126,314
Erndvg Market Value $121,623,327
GaW(Loa) (5502,987)
'WAM at Ending Date 560 99 Days
'Weighted Average Maturity
Thra report o in AA compffance with the ww"tmeM strategy as eataDhshed for the Invesirnent P0rtf014
and the Pudec Funds Investment Act (Chapter 2256 023)
• t
r
i
E~ cutwe rector of F nonce Director of F sc perav~ s
f AenMea inNmef A4xiior
'/3156 oe.r NErVPRi; +
f
r .
, yt -
i
PORTFOLIO REPORT AS OF MARCH 31, `1997
I MARKET VALUE OF SECURITIES
I' ! j % at Mld Val.
~U.S. Traawy ` $72.717,000 S72.112,126~ $72,249,941 i =71,809,110 9662%~
~U.S.Apomy 49,480,0001 49,231,3625 $49,211,0811 $19,090,650 99.25%1
Mtnco 1.500.000 4,496221 S4,497.4-IT $4,176.1201 9917%
111 (Tam) I !
TohiSaturitiw 126,727,000 125,039ON 126,019,0601 125,455,881 99,00%1
[Tow sm
PORTFOLIO SUMMARY REPORT
L Book Vak+ 1 , ,894
Bapktrtinp Marlin Valuc $120.500,100
wAM M Eloo ' h:q Do" 51414 Dar
L Ch" 10 MadM Valua ($1,044,219)
Ending Book Valve
En*V MotM Valve
C.wv(Low)
'wAM M En*v Dole 56518 Days
t '1NaOW Avarapa Mab my
1 and tl+f Pudic~funda k vaatrt A Ad 2756 075): p aalaDfaMad la tlr M:vaalmant Patldw ^
rada or Fswta Dndor of »Cal
f
RMM++d dl M ! haw .
•
I
t/y1,96 pays 1 N MRCH wo
1 , 1. r n.f. Lt } .,J :iL S?f ry. ':r,..M t mmum"
r
r +
` MARKET VALUE OF SECURITIES
% 04 cwt. Vet..,
~
To Par_
book Vatw vAkm
_ _ l Pa yatw = ~ M"'~.t_Y'=Aise _
3eeu T~ r
_ PurtAV3ML! i 99 J4°b
1. _
U.S,Trasury $70247,000 $89,615.915: $69.M.550 $69,764,Q66',
r .U.S. Agency 52,4.$0,00011 52.245,734 552237,2$5 552236'99'$ 99.54%
Munidpal 4,500,000 4,495,226'1 $4,497,0591 S4,4'4,635 l 99.53'x
t I ! 126,300,100 1 .
Nola! Secu ites 127,227,000 126,316,677' 126,459,6941 99.43°~
--Toast -_-.L_s127~7~000L s126~316~677Lt12644S9.s?II 5126~500~001.-----9g.I3x
PORTFOLIO SUMMARY REPORT
Bormkv Book valu0 512619$165
Beginning Market Vakre $126,441,237
V" K Beginning Dote 515,5$ Days
Chmga IQ Market V" $66,663
Endng Book Valor :126,459,$94
EndN Market Wue 5126,500,130
Galrhl(Loss) 5402206
-WAM at Endng Dote 479 27 Days
t Weighted Average Maturity
This report is, in u c^rnpUwwa with the investment strategy as estsW had for I" Investment Portfo+ho
snd the Pubk Fonda kwestment Azt (Chapter x:56.023)
1
Ex4eWma I recta of Fiinsme Direct Ir o I D a svww
i'F~ y .itP1E ,
Re ' M tM kierna ?weldor
151 T6 Page 1 HBFE6 Y0(4
• ,.,.y .'',:r^ ~ + , ~ 'iii 9 jet~~_.
f
PORTFOLIO REPORT AS OF JANUARY 31, 1997
[ MARKET VALUE OF SECURITIES
smu
% d h41tt. Val.
_ ~ Psr Vals_._~P_,urcAasa VaMN _ 9ot~IZarkalYalua Toler
U.S.Treasury 570247,000 $69,561,402! $69,691,464 $69,983.430'i 99.62%i
[ U.S. Agency ~ 51,982,000S1,979,4021 $51,994,544 $61,977,921 ~ 99.99%'d
I I.
Munldpal i 4,500,0001 4.426.227 $4,496,717 $4,479,88S! 99.55%
(Tax - Exenyt)
Total Securities 126,729,000/1 126.036.031 126,182,725 126,441237f 9917%
J
124.m o-wj-_ w-swoJ6 031E e2!Li42 725 $126 Nt l f
PORTFOLIO SUMMARY REPORT
8"kin n0 Book Vslus $121,780,652
l Be "-*,pMsrketvalue $122,164,364
'WAM at Be0minp Date 394.00 Days
change to market Value $4,276,672
End mg Book Value I126~182 25
Ending Market Value $126,/N 137
G& W(Loss) $256.512
'WAM st Endnp Dale 51518 Days
"AW01ed Averepe Maturity
This krfl compiana y~l~ loves~r~r~ s as estabYshed for 6tia Irneatment Poo"
and hp#Fuds InveefinerM Act (ChspM► 2256023}; '
t
~7 }
t Ex of Finance of F, i - .
sviewed tM I al AuMor
1 '
f 1 /!1196 Gape 1 M6,)AI1AWKi - -
l '
~a• } tl}?-i tt e~ 1~y 4~7',~f lye°I ~~C x. .f,
• j_ ~Y...,...t } b yi,..,x,-y. % }:,a~"ah-~ ~.L!'.14YS1 S~~ iitt vr~_ ~ ~ Z..
r
r
r
E
PORTFOLIO REPORT AS OF DECEMBER 30, 1996
MARKET VALUE OF SECURIT)ES
i
I% of Mkt Vol.
-.715 MarY~A~/alwTQP
security- lT e$60,5m.000 3 ;60 1162 371 $60,259k-
U.S Trea 360,596,1191 100.16%
U.S. Agency 57,080,000 ` 56.965,142 $57,024,5991 3 .M.471 100.02%;
murkipal 4,500,000 4.495,227 $4,496,338 $4,475,775 h 99.46%1
(Tax - Exempt)
Total Secuikes 122,080,000] 121,622,740 121,760,652 122,164,3641 100.07%,
Tonal 06000tj _21 7401-juv Q6S2l__11 22 1M
PORTFOLIO SUMMARY REPORT
Begiming Book Value 31 t6, t 68,639
BepirwiiV Market Value $116,N3,679
'WAM at Beginning Date 409.45 Days
Change to Market Value 55,360.667
Er,6ng Book Value ;121,760662
Ending Market Vslue ;122,164,364
G&W(Loss) $383,712
'NAM at Endwlg Date 394.00 Days
'Weighted Average Ma u*
r
• This r~p1 n in RA oop"wce th imeft nt strategy at eetabished fm the Investment Portfolio
and fhe' PuOGe Fund Investment Ad (~haptar 2256.023)
• ecu rw of Finance Director of
1.7
{ Re val 6y~f ,
d I emal Auditor
0ZI %7 Apt 1 H6DEC VYIl4
,
1p
- i' 1 . . , It x'~'"yr+r :},A. ? 491 El• 1
`t. .;C'r r~I r^i~(~l5 rv]• w! L,,:t
r:
M~11~~~a11 ~31W/BI 2 4.. 3.e ~t La fV ,.1:
i
C_f
i
PORTFOLIO REPORT AS OF NOVEMBER 30, 1996
MARKET VALUE OF SECURITIES
- I X of 11,1111111. Val.
Security Type Par Valve Purchase Valor Book Value Market value To Par Vsfw
f US Treasury, $56,350.000, $58,101,496, $58,153, Sol! $58,694,011! 10059%.
i I
j !U S Agency 40,930,0001 40,954,721 $40,958,67611 541,056,3631 10031%1
1. Municipal 4,500,0001 4,495.2271 64,495,9601 $4,471,305; 9936%1
(Tax - Exempt)
! Total Seairties 103,780,000 103,551.4491 103,606,639 104,223,679 100.43%i
M un icpol 12, 580, 000 12, 580, 000 12,$80,0001 12,W,000 100.00%
Pools
{ I i f I ~
Total 116 360 000 1 $11& 131.40 S 116 1 639 1116 603 679 !00.36%
PORTFOLIO SUMMARY REPORT
Beginning Book VNue !119.525,254
Beginning Market Value 11200,22,678
-WAM at Beynnu,g Date 433.02 Days
l Change to Market Value (!3,219,001)
Endirg Book Value !116,166.639
EndN Market Valve $116,803.679
Gakv(Loss) !615,040
'WAM st Ending Oats 409.45 Days
'Weighted Average Maturity
• fhrs report is in tul eorl+pfiance with the investment sVaYgy as estaWKhed }or tM IrNestrrfent PvsttOla
and the PvWic Funds Investment Act (Chapter 2250 023
Exec y e Dr or o} France Dreclor of F a 4
. 111 'y ~ .
evwwed ey the nal Aud10r
t 1x3696 Pays 1 M640V WrA '
~ a 4
•
i
PORTFOLIO REPORT AS OF OCTOBER 31, 1996
MARKET VALUE OF SECURITIES
% or Mkt Val.
Sacurigr Type: Pr Valve PurcAw value Book Valve LWrkN Vafw To Pei Yalw
_ j
U S Treasury 566,350,000 $66,082,368 566,121,273 SM,554,491 100.31%
i
I US Agency 36,430,000; 36.426,083 $36,428.3881 $36.525,312' 10026%
Municipal I 4,500,0001 4,495,227$4,495,594 54,462:875 99.1891.
(Tax - Exempt) `
TotaiSecurdies ( 107,280,000107,003.684 107,045,254; 107,542,678' 10024%
Municipal 12,480,000;; 12,480,000; 12,460.0001 12,480,0001 100 DO%
Pooh
_ TOW lt~9i4~-000_~1t9,483~~11_ $10525 1a^~00?$R76~~ 10Q?2%]
1
PORTFOLIO SUMMARY REPORT
BeWnwV Book Value $121,562,209
Beginning Market Vague $122,755.928
'WAM at 8"IWAV Date 41834 Days
C-hwW to Market Va" ($2,733,248)
Ending Book Value 5119.525254
EnduV Market Vahx ^512D,t122.87Q
Gaimi-oaa) 497,423.87
1 "NAM at Endirp Date 393.76 Days
Veigtded Average Maturity
■ This report h in tun compliance with the investment strategy x atat>f;drod for tt+e Investment Portldw r,
1L and the Pubbc Funds Investment Ad (Chapter 2256 023)
i
J~, / `r t
odor or Finance Dir or F rat pits
v
I Ren the Internal Audnor
mom
• Ca~J ••-w' • r ,r r,`Yt Jl..: -#1` l~ij
•
2 l r
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r s'-F t r z S + r ~ ' ~3j ~ a, "}:a~• ~1 Y'y"'.V ii~ ! :f -
7 aja 1 i. S a'~ ~
. f 1 1 Y 4 + d~j '}y } 1 q*J ~~'j}lJ` rss
fx e< i L~.Yf i n2{
'IN
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•
r
•
•
l Glossary
1 Accrued Interest - In the sale or, new issue of municipal bonds, the dollar amount, based on the stated
rate or rates of interest, which has accrued on the bonds from the da!ed date, or other stated date, up to but
not including the date of delivery. When a bond is purchased in the secondary market, the dollar amount,
based upon the stated rate of interest, which has accrued on the bond from the most recent interest
payment date, up to but not including the date of settlement. Accrued interest is paid to the seller by the
purchaser and is usually calculated on a 360-day-year basis (assumes each month has 30 days).
Agencies - Fedent agency securities.
[ Arbitrage - Generally, transactions by which securities are bxtght and sold in different markets at the
same time for the sake of the profit arising from a difference in prices in the two markets. With respect to
the issuance of municipal bonds, arbitrage usually refers to the difference between the interest paid on the
t bonds issued and the interest earned by investing the bond proceeds in other securities. Arbitrage profits
are permitted on bond proceeds fm various temporary periods after issuance of municipal bonds.
Internal Revenue Service regulations govem arbitrage of municipal bond proceeds.
i. Asked - The price at which securities an offered.
Bankers' Acceptance (BA) - A draft or bill or exchange accepted by a bank or trust company. The
accepting institution guarantees payment of t.: bill, as well as the issuer.
r Bearer Bond - Rond which is presumed to be owned by the person who holds it. TIM Tax Equity and
l Fiscal Responsibility Act of 1982 requires the issuance of municipal bonds in fully registered form, w ith
minor exceptions.
Bid - The price offered by a buyer of securities. (Mien you are selling securities, you ask for a bid).
■ Book Value - The original acquisition cost of an investment plus or minus the accrued amortization or
e accretion.
e Broker - A broker brings buyers and sellers together for a commission.
Capitol Appreciation Bond - Long-term tax exempt security sold at a large discount. Yield is reinvested
at a stated rate until maturity at which time the investor receives total payment. Latter represents both
pnn6pal and interest,
• I Certiflcate of Deposit (CD) - A time deposit with a specific maturity evidenced by a certificate. Large
denomination CD's ue typically negotiable.
Collateral - Securities, evidence of deposit or other property which a borrower pledges to secure
repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. -
Commercial Paper (tax{xewpo - Short-term, unsecured promissory notes issued in either registered or v
bearer form, and usually backed by a line of credit with a bank. Maturities do not exceed 270 days and • •
1 generally average 30 - 45 days.
J
1
•
r
•
Page 2 of 6
ComprekensiveAnnual Fbeanciaf ReporI (CAFR) - The official annual report for the City of Denton. It
includes five combined statements for each irdisiduaI fund and acccnnt group prepared in onformity
with GW. It also includes supporting schedules necessary to demonstrate compliance with fmnarsce
related to legal and contractual provision, extensive introductory material, and a detailed Statistical
Section.
Coupon - (a) The annual rate of imneresi that a bond's issuer promises to pay the bondholder on the
bond's face value, (b) A certificate attached to it bond evidencing interest due on a payment date.
1 Current YWd - The ratio of the annual dollar armmt of interest to iiie purchase price of a bond, stated as
1 a percentage. For example, a $1,000 bond purchased at par with an 8% coupon pays S80 per year, or a
current yield of 8%. The same bold, if purchased at a discounted price of $900. would have at current
I yield of 101/6.
` Dated Date - The date of a bond issue, printed on each bond, from which interest usually starts to accrue,
even though the bonds may actually be delivered at some later date.
Dealer- A dealer, as opposed to a broker, acts as a principal in all transactions, buying and seilinp for his
own account. .
D. jenture - A bond secured only by the general credit of the issuer.
I Delivery Dare - Date on which the bonds are physically delivered in exchange for the payment of the
purchase price. The date of issuance is the same date as the delivery date,
Deliver Versus Payw ent - There are two methods of delivery of securities: delivery versus payment and
delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for
t1 it securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for
the securdlOs.
Discount - The difference between the cost price of a security and its maturity when quoted at lower than
face value. A security selling below original offering price shortly after sale also is considered to be at a
discount,
Discount Securkies - Non-in:-rst bearing money market instruments that are issued a discount and
redeemed at maturity for full face value, e.g. U.S. Treasury Bills.
Diversification - Dividing investment funds among a variety of securities offering independent returns.
• Federal Credit Agenda - Agencies of the Federal government set up to supply credit to various classes
of institutions and individuals, e,g., S & L's small business firms, students, farmers, farm coopenfiva,
and exporters. '
Federal Deposit insurance Carporrdon (FDIC) - A federal agency that insures bank deposits, currently
up to S 100,000 per deposit. `
• Federal Funds Rate - The rate of interest at which feral fords are traded. This rate is currently pegged • •
by the Federal Reserve through open-market operations.
i
- -
•
•
Page 3 of 6
i Federal Horne Loren Banks (FHLB) - The institutions that regulate and lend to savings and loan
associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve
Banks vis-d-vis member commercial banks.
Federal National Martgage Assoclaalan (FXV..4) - FNMA, like GNMA was chartered tinder the Federal
t National Mortgage Association Act in 1438. FNMA is a federal corporation working under the auspices
` of the Department of Housing arui Urban Development (HUD). It is the largest single provider of
residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private
stockholder owned corporation. The corporation's purchases include a variety of adjustable mortgages
I and second loans, in addition to fixed-rate mortgages. FNMA's securities arc also highly liquid and are
widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of
principal and interest.
Federal Open Marker Committee (FOMC) - Consists of seven member of the Federal Reserve Board
and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve
t Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee
periodically meets to set Federal Resme guidelines regarding purchases and sales of Government
Securities in the open market as a means of influencing the volume of bank credit and money.
Federal Reserve System - The central bank of the United States created by Congress and consisting of a
seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial
banks that are members of the system.
Fiscal Year - A twelve-month period which determines the time frame for financial reporting, budgeting,
and accounting. At the end of the fiscal year, financial position and results of operations are determined.
Government A'adonal Moregage Association (G11,bA or Glrrnle Mar) - Securities influencing the
volume of bank credit guaranteed by GNMA and issued by mortgage bankers, comnercial banks, savings
and loan associations, and other institutions. Security holder is protected by full faith and credit of the
U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term
"pass throughs" is often used to describe Ginnie Mats.
Interest - Compensation for the use of borrowed money, generally expressed as an annual percentage of
the principal amounL
Llquldiry - Uaually refers to the ability to convert assets (such as investmenu) into cash.
Marker f'alue - The Current face or par value of an investment multiplied by the net selling price of the
security as quoted by a recognind market pricing source quoted on the valuation date.
• Master Repurchase Agreement - A written contract covering all future trartsactions between the parties ~
to repurchase - revrrse repurchase agreements that establishes each party's rights in the transactions. A
master agreement will often specify, among other things, the right of the buyer-lender to liquidate the
underlying securities in the event of default by the seller-borrower.
MotuHty - The ante upon which the principal of a munkipal bond becomes due and payable to the -
• bondholder. • O
.honey Market - The market in which short-term debt instmmioents (bills, commercial papas, bankers'
acceptances, etc) are issued and traded.
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,You - A written, short-term promise of the issuer to repay a specified principal amount on a certain date,
togeuler with interest at a stated rate, or according to a formuk ',)r determining that rate, payable from a
defined source of anticipated revenue, Notes usually mature . k.; ; than five years.
Ofjrer- The price asked by a seller ofsecurities. (When you are buying securities, you ask for an offer.)
Open Market Operedons - Purchases and sales of government i nd certain other securities in the open
market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume
of money and credit in the economy. Purchases injeel reserves in the bank system and stimulate growth
of money and credit; sales have the opposite effect Open market operations arc the Federal Resme's
most important and most flexible monetary policy tool,
Original Issue DOcounf - An amount which represents the difference by which par vahe exceeds the
public offering price of a new issue or part of an issue of municipal bonds. Original issue discount is
amortized over the life of the bonds and is generally treated as tax-exempt interest. Whets the investor
sells the bonds before maturity, any profit or toss realized on such site is figured on the adjusted cost
basis for tax purposes. The adjusted cost basis is calculated for each year the bonds are outstanding by
adding the accretion value to the original offering price. The accretion value is determined by the rules
and regulations of the Internal Revenue Service. Selling the bonds at a price in excess of the adjusted cost
basis would result in a taxable gain for the seller, while a selling price below that level would be tinted
as a loss for income tax purposes.
Par VM(e - In the case of bonds, the amount of principal which must be paid at maturity. Par value is
also referred to as the face amount of a security.
Pooled Fund Group - An internally created fund of an investing entity in which one m more institutional
accounts of the investing entity are invested.
Portfolio - Collection of securities held by an investor.
Premium -'rhe amount by which the price paid for a security exceeds par value, generally representing
the difference between the nominal interest rate and the actual or effective return to the investor,
Primary Dealer - A group of government securities dealers who submit daily reports of market activity
and positions and monthly fu mcial statements to the Federal Reserve Bank of New York and are subject
to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) -
registered securities broker-dealer, banks, and a few unregulated firns.
PrimaryMarket - The market for new issues of municipal securities. i
• l
Principal- The face amount or par value of a bond or issue of bonds payable on stated dates of maturity. ~
Prudent Person Rak - An investment standard. In some states the law requires that a fiduciary, such as
a trustee, may invest money only in a list of securities selected by the custody state-{he so-called legal
I list, In other states the trustee may invest in a security if it is one which would be bought by a prudent '
person of discretion and intelligence who is Seeking a reasonable income and preservation of capital.
•
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1 Page 5 of 6
Qualified Public Depositors - A financial institution which does not claim exemption from the
payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has
` segregated for the benefit of the commission eligible collateral having a value of not less than its
I maximum liability and which has been approved by the Public Deposit Protection Commission to hold
public deposits.
` Qualif&d Representative - A Person who holds a position with a business organization, who is
authonzed to act on behalf of the business organization, and who is one of $e following:
(a) for a business organization doing business that is regulated by or registered with a
securities commission, a person who is registered under the rules of the National
Association of Securities Dealers;
(b) for a state or federal bank, a savings bank, or a state or federal credit union, a member of
' the loan committee for the bank or branch of the bank or a person authorized by corporate
resolution to act on behalf of and bind the banking institution; or
(c) for an investment pool, the person authorized by the elected official or board with
authority to administer the activities of the investment pool to sign the written instrument
on behalf of the investment pool.
Rate of Reeurn - The yield obtainable on a security based on its purchase price or its current market
price. This maybe the amortized yield to maturity on a bond the current income return.
Ratings - Evaluations of the credit quality of notes and bonds usually made by independent rating
services, although many financial institutions also rate bonds for their own purposes. Ratings generally
measure the probability of the timely repayment of principal of and interest on municipal bonds. Ratings
are initially made before issuance and are continuously reviewed and may be amended to reflect changes
in the issuer's credit position. The information required by the rating agencies varies with each bond
issue, but generally includes demographics, debt burden, economic base, finances, and management
stnicture. The information is evaluated and the issue is assigned a letter rating which reflects the
creditworthiness of the bonds, The higher the credit rating, the more favotible the effect on the
marketability of the bond.
Repurchase Agreement • A simultaneous agreement to buy, hold for a specified time, and sell back at a
future date obligations described by Section 2256.009(axl), at a market value at the time the funds are
disbursed of not less than the principal amount of the finds disbursed. The term inclu&, a direct security
repurchase agreement and a reverse security repurchase agreement.
Safekeeping - A service to customers rendered by banks for a fee whereby securities and valuables of all
types and descriptions are held in the bank's vaults for protection.
SrconderyMarker - A market made for the purchase and sale of outstanding issues following the initial `
distribution, i
Securities and &change Commission or SEC - The federal agency responsible for supervising and ,
regulating the securities industry. Generally, municipal securities are exempt from the SEC's registration
and reporting requirements. However, the SEC has responsibility for the approval of Municipal -
Securities Rulemaking Board rules, and has jurisdiction, pursuant to SEC Rule IW5, over fraud in the
•
f saleofmunicipalsecurities,
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Page 6 of 6
C Security - Generally, evidence of debt or equity in a common enterprise in which a person invests in the
' expectation of earning income. The term includes notes, stocks, bonds, debentures, mortgages, and other
fomu of negotiable and non-negotiable nidences of indebtedness or ownership. Unless exempted, as are
municipal bonds, securities transactions are subject to federal and state regulation.
r Separately Inwsred Asset - An account or fiord of a state agency or local government that is not invested
Il in a pooled fund group.
Trefsury Securkin - Debt obligations of the United States Goverrimmit sold by the Treasury Department
in the forms of btils, notes, and bonds.
Billy - Short-term obligations which nature in one year or less, and are sold at a discount in lieu
f of paying periodic interest.
` Notes - Interest bearing obligations which mature between one year and 10 yeah.
Bonds - Interest bearing long-term obligations which generally mature in 10 years or more.
Yield Curve - A graph which plots the yields on securities with equivalent quality but difkrent
maturities, at a given point in time. The vertical axis represents the interest rates, while the horizontal
axis depicts the years to maturity. The term structure of interest rates, as reflected by the yield curve, will
vary according to market conditions, resulting in a variety of yield cove configurations.
Normal or Poshive Yield Currie - Indicates that short-term securitin have a lower interest rate
than long-term securities.
Inverted or NegaAm Yldd Curve- Reflects the situation of short-term rates exceeding long-term
rates.
Hot Held Curve - Reflects the situation when short and long-term rates are the same. i
Humpback Yield Curve - An unusual shape, indicating that rates are rising in the early years,
peaking in the middle years and declining in later years. {
Yield to Maturity - The rate of return to the investor earned from payments of principal and interest, with
interest compounded semiannually and assuming that interest paid is reinvested at the same rate. Yield to
maturity takes into account the time value of the investment.
Zero Coupon Bond - A bond which pays no interest, but is issued at a deep discount from par,
appreciating to its full value at maturity.
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Agenda No,~I~C1rQ
Agenda Item
Date 49 -
CITY OF DENTON, TEXAS mu mopx BUILDING DENTON, TEXAS 76201 @ TELEPHONE (817) 566.8307
Oft'ke of Ne 06' Ateneger
MEMORANDUM
DATE: December 12, 1997
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: DISD's SERVICE CENTER PROJECT
This fall we began to have discussions with the Denton Independent School
District about their new service center annex on Mayhill Road. The District
has plans to move their service center from Linden Street to the area west of
Ryan High School. Originally the Service Center was proposed to go
northwest of Ryan with its main access on Mills Road. Consequently, in the
1996 bond issue, we included a project to improve Mills Roe 1 from the
school entrance on Mills to the intersection of Mills and Mayhill Road. Since
that time the District has bought different property that faces Mayhill. In
their platting process the District and city of`icials talked about the possibility
of building the service annex and also making a connection from the annex
erea to Ryan High School.
Council may remember that besides the Mills Road improvements we also
have money in the bond issue to build a connection from Loop 288 to
Mayhill Road north of Mills Road. Between this project and the Mills Road
project we were going to have a second entrance to Ryan. Since the District
is now talking about making a connection from their annex entrance on
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Mayhill to Ryan High School, we have in effect moved the second entrance
south of Mills Road and right off Mayhill. We would still use the bond _
project to make a connection between Loop 288 and Mayhill, but we would
suggest using the Mills Road bond money to make improvements to Mayhill
instead. Thus, we would still make a second entrance to Ryan but it would
be further south than Mills Road.
Tediwed to Quality Serval
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Memo to Mayor and Council Members
December 12, 1997
Page 2
In August of this year, the Oversight Committee reviewed this same
information and recommended to you that we move the Mills' road money to
improvements for Mayhill; thus, accommodate the Districts' improvements
to their service center annex and begin to provide a second entrance to Ryan
Road. Staff recommended this to the Oversight Committee in August and it
still seems to be a very viable and important project. The improvements to
Mayhill could be done using the Mills Road money and we would design and
make those sometime in the summer or fell of 1998. This would match up
the DISD's schedule and allow access via McKinney Street and May-hill Road.
The following year we would begin construction of the connection between
Loop 288 and Mayhill. Ultimatefy we would have a way to take traffic off of
Loop 288 north of the McKinney Street intersection take them to the east of
Mayhill then south to the second entrance to Ryan High School.
If Council has further questions, I will be happy and try to answer them at
your convenience.
Ri k Svehla
Deputy City Manager
RS:af
• Attachments
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DENTON INDEPENDENT SCHOOL DISTRICT
Service Center Annex
909 Linden, Denton, TX 76201
Phone(940)387-4031 Fax(940)382-9537
MEMORANDUM
SFP ~
September 12, 1997 9 699
NAG
FRS
TO'. Rick Svehla, Deputy City Manager
FR: Norman T. Sisk, Executive Director of Operations
RE: New Service Center Annex and Northwest Exit to Mills Road
The City of Denton 1996 CIP budget included funds to improve the Wills road
access to accommodate the Denton I.S.D's new service center. I am requesting
your consideration of a change in the allocation of these funds.
Originally the new Denton I.S.D. service center was to be constructed on the
northwest corner of the Ryan High School property, requiring improvements to
Mills Road. These improvements were to be & joint venture between the City and
the District.
A recent District property acquisition on Mayhill Road to house tts service center f
facility has altered our plans for those improvements to Mills road. However,
improvements to Mayhill RW win cermi* ly need to occur.
The District has addressed improvements to Mayhill Road in our planning sessions
with the City, Our current site plan (attached) calls for a thirty (30) foot roadway
which will connect the service cemer property to the Ryan tract. This roadway
will be used for all school bus traffic originating from the transportation facility.
This roadway would also provide another parent/student access to and from Billy
Ryan High School.
s
Should the City accept this proposal, the District would eliminate the current
northwest exit from the Ryan property. The north side of this property adjacent to
Mills Road would be fenced and no access/egress would be allowed.
These changes would benefit the District, City, and most of all the citizens who
• reside on Mayhill Road. Please consider this proposal at your earliest • •
convenience. The new service carter wig be bid October Ie, I997. I wU supply
any additional information you may require.
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1996 OVERSIGHT COMMITTEE MINUTES
August 7, 1997 11:00 a.m.
The committee convened at 11:00 a.m. in the Human Resources Conference Room
at the Denton Municipal Complex.
The committee members present were Joe Mulroy, Roni Beasley, Terry Schertz, Jesse
Coffey, Margaret Smith, Brent Thornton, Rick Svehla, Kathy DuBose, Jill Jordan, Ed
Hodney, Kristin Newman, and Kathy Brooks.
A. MINUTES
1) 07,07/97 Committee Meeting
Approved with no additional discussion
a. ITEMS FOR CONSIDERATION
11 Bond Sales for Remaining CIP
Rick Svehla overviewed. The committee agreed that any
specific questions should go to Ed Hodney in written form
prior to the mid-September meeting with Baseball
organizations.
2) Mills Road Project
Rick Svehla overviewed.
LUNCH
C. ACTION ITEMS
11 07/07/97 Bond Sales for Remaining CIP
• Committee unanimously recommended approval for
compressing the schedule. Margaret Smith moved to f
approve. Brent Thornton seconded the motion.
2) 07/07/97 Mills Road Project
Committee unanimously recommended approval and
• agreed to try to accommodate ',a D/SD with a joint
project. Margaret Smith movc-i vo approve. Brent • •
Thornton seconded the motion.
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1996 Oversight Committee
Minutes for August 7, 1997
Page 2
D. FUTURE NEETINQS
1) September 8, 1997
2) September 29, 1997
3) January 5, 1998
4) March 30, 1998
5) June 29, 1998
E. OTHER SUSINESS
AFF-01 564
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CITY OF DENTON TEXAS MUNICIPAL BUILDING • DEMON, TEXAS 766201 TELEPHONE (817) 566-8907
oNice of Nre City Manager
MEMORANDUM
DATE: August d, 1997
TO: Oversight Committee
FROM: Rick Svehla, Deputy City Manager
SUBJECT: MOVING UP THE BOND PROGRAM AND CONSIDERING A CHANGE IN
THE MILLS ROAD PROJECT
We are really excited to meet with you this time to talk about in idea that would allow us to
make improvements at a faster pace. What I'te included in your packet are the last three years
of the existing bond issue. The fourth and fifth pages labeled "Exhibit I" show you the next two
year's plus all of the projects that we are proposing to move to make it a two year program.
This year in the budget, there is some one-time money available. The one-time money would
allow us to make more debt service payments this coming budget year (9748) so we can issue
bonds earlier.
The staff and Kathy and I have made an effort to look at issues and pick projecs according to
what we're hearing the Council and the general public talk about. You will notice that we tried
to push a lot of drainage projects in the 1997-98. Those seem to be the priority right now. We
• also tried to look at the other areas, particularly at parks and internal services. In 1998.99,
we've tended to look more at the transportation and park issues. I know many of you are 1
interested in is the use of parks facilities. Parks his obtained some new software that allows
them to look at all the time slots at all of the fields. They've attest ted to show you all of the
games that were played, as well as the other activities that happened on the fields so that you
can get an idea of usage of the fields.
'Dedwxed ro Ouatirr 5err e'
ON.
1
Memo to Oversight Committee
August d, 1997 ,
Page 2
Tito other issue that we wanted to talk to you about is possibly changing the Mills Road project
the
to a Mayhill Road project. We've been in so= discttssion with the school dishrict about
build an
latest development out near Ryan. Many of you may know that they plan to
administrative office building to house their facilF.es araragetnent, warehouse and related
facilities. They've acquired a piece of land that rw,s from the Ryan High School campus site
back to the west and actually fronts on Mayhill Road. They are now beginning to be concerned
about all of the traffic that will use Mayhill Road and have approached us to talk about the
possibility of improving Maybill. Staff has reviewed that request and recon nmOs using the
Mills Road morwy to rebuild Mayhill, assuming DISH will down play and/or eliminate any
entrance they have m school property off of Mills Road.
This will be an exciting meeting and we look forward to visiting with you about moving up the
bonds and helping DISD.
If any of you have questions prior to the meeting, please call tae at your convenience.
Rick Svehla
Deputy City Manager
its to
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Agenda No.
Agenda item
Oale_ .
CITY OF DENTO% TEXAS Aa1nI!aPAL BUILDING DEMON, TEXAS 7620} TELEPHONE817.566-8309
Office o/ the CRY Secrotary
MEMORANDUM
DATE: December 12, 1997
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Board/Commission Appointments
The following is a hst of current Board/Commission vacancies/nominations:
Kjeil Johansen has resigned i'rom 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 Kristoferson
Tom Reese has resigned from the Parks and Recreation Board. This is a nomination that the entire
Council considers. Council Member Beasley has nominated Martha Garcia Council Member
Young has nominated Gwendolyn Carter.
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If you require any further information, please let me know.
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ACCOOOF4 I
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T6aaim xjili~f[aE~0'T~~i7iTI~T A~sigaa63on`3row`Zi~aiy~o~d
Return-Path: <johanseneunt.edu>
Date: Mon, 17 Nov 1997 07:46102 -0600 (CST)
From: Johansen Kjell Mathias <johansenount.edu>
Reply-To: Johansen Kjel1 Mathias <johanseneunt.edu>
To: mayortci.denton.tx.us -
cc: BVA POOLE <O_POOLESvenus.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
a rember of the Please complete last term as on of Decembert3l,Elyg~ton Library Board.
it has hich inethis city pleasure rcharacterized byetheahighest levelc of institution
w
and
professionallsm of its staff. I will miss the regular contact and
friendly association with the library director and those who work with
her
in her office, but I awl confident that our friendship will continue.
Although our formal association with Denton will cease, my wife and i
will
always maintain contact with our many friends and colleagues in the
area
and make many return visits.
Best regards, +
Kjell M. Johansen ;
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RUSSELL-NEWMAN, INC. CY
P.O. Box 2306
(lemon, 7X 76202 E
(0401696.6666
FAX 940.3e24453 GROUND CONTROL
Cypress
NarerrAw .1997
Air. Rktwd Fodder
R"c Hormatlon OAker
CRY d Derliorl
216 E M dOrv" SL
Donlon, TX 76201
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Dear Rkhwd,
Florio accept my ►esWwlon from fhb Cable TV Advbory IRoerd. Judy WW I wM be l1 &4 10
Gua(emala CRy, GugAM& In January on an open ended watt aSow"*rt vo RwaeL tJawman,
im, VM You pone Ham aR who need b know. I KM enjayad"OMAN* 10 acne the CRY of
Derdon, tAbrtd you abo axp m warm oJou to Iba members of the bond
3rlcereh,
or of Cer>lrat AmorScsrl Operations
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New York Showroom IMasdxweft DWtsloA ~ GCOW4 c " WNW 2S"woo HA0 + Sompoom
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160 madsw Ave. P^" 7 SM 16
Suits 501 PA. Box 206 SuM E
New York, NY 10016 9Mr6sid, MA 01257 Dorton, Tarp 76206 Niw Yolk w 10016
(2121 S32-6611 (413) 229.509 12 (0401 a06ae04 (212) 640461t
FAX 212.779-0377 FAX 4112X3173 FAX 04040"724 FAIT 212376.3n4
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OPEN LETTER TO THE DENTON CITY COUNCIL
December 16, 1997
My name is Deborah Cosimo. I am a resident of Denton. I am a homeowner and a rental
property owner on Bolivar Street.
Our neighborhood on Bolivar street is zoned 2-F. Like many of our neighbors, my
husband has a home office in compliance with the Home Occupation Ordinance. If you
were to visit our neighborhood, you will sce us walking our dogs, snowing our yards,
talking to each other, watching our children-- because we live in our homes on Bolivar.
As a neighborhood, we voiced our opposition to a re-zonirg request to change one of the
houses from 2-F to Planned Development, the request was withdrawn. Despite our
opposition, the owness ^f vie house then moved their business office from a commercial
location to the ho-,e claiming to be a Home Occupation. Several of us on
Bolivar i the a :ig violation to the code enforcement officer of our area.
After inv..u.v. .our r mplaint, we were told (here was nothing code enforcement
could do.
The residents of our neighborhood have identifted the following problems with a full
scale business operating on our street for the last year, reportedly as a home occupation.
The owner of the business does not reside in the house-- No one does. The owner and 4-
5 employees commute to the office 5 days s week. While there is no signage to identify it, .
the Bolivar Street location of the business is listed in the Denton Area Telephone
Directory Yellow Pages and there is a stead/ stream of vehicles stopping at the house
0 during business hours. f # • •
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The prmary use of the house is as a full scale place of business. The Home Occupation
pamphlet assures us that a full scale business operation will not be permitted in
residential neighborhoods.
And Iasi but certainly not least, our neighborhood was identified in Sunday's Denton
Record Chronicle as one of 2 areas in Denton hardest hit by the crime of burglary. The
house is urwccupied after business hours in the evenings and on weekends, leaving the
rest of the neighborhood more vulnerable to crime.
This summer, I filed a formal complaint with the city under the land and building use
ordinance. After several postponements, the attorney for the business requested and was
granted a hearing,: n the language of the I Iome Occupation Ordinance, claiming it is
turconstitutionaIly vogue. I must admit that I feel some confusion. It seems clear to me.
Why is it taking so long for anything to be done? And why has it been so difficult? Why
has a business so obviously in violation of the guidelines of the I form Occupation
Ordinance been allowed to continue to operate in a neighborhood zoned 247 Ilow long
must we tolerate our neighborhood beii._. rAWdized by this business?
I am submitting to you a petition signed by 19 homeowners and 3 tenants of homes on
Bolivar Street, respectfully requesting the City Council of Denton to enhance the Home
Occupation Ordinance to protect the integrity of our neighborhoods. I would like to make
•
the foil- wing suggestions to enhance the Ordinance: /
1. The owner/operator of the home occwpatioo must reside In the home.
2. If there are additional employees, all employees of the business must
• reside In the home. • •
3. The primary sun of the building Is as a full-time residence and must be
occupied a such by the owaerloperstor of the business.
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4. Home Occupations must be registered with tie Cky and the
owner/operator will sou an agreemat to abide by Ow esdiaases
S. Repeated complaints of man-eompHoace are green& for a search wirrost
C Findlnp of me-compUaacc an graaods for closan or removal of the
baskess from Ike premises
'Ru residents of Ilotivar Street are extremely disturbed by what has happened in our
neighborhood. Unless action is taken, no residendal neighborhood is safe from the
encroachment of business. If a buslom can ignore the guidetines set forth in the hone
Occupation Ordinance, claim to be a Home Occupation, and establish itself in our
neighborhood, it can happen in any neighborhood in our city, including yours! M.anbers
of the City Council, please mate it a priority to examine the Home Occupation Ordinance
and enhance the language to snake enforcement easier.
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PETITION
We, residents of the Bolivar Street area, respectfully petition the City Council of Denton to enhance the Home Occupation Ordinance
to protect the integrity of our neighborhoods. +
PRII\'TED NAME SIGNATURE STREET ADDRESS DATE
rio7 3orSt. ,z-7-97
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e
HOME OfM;PATIONS lTr DENS 2. Occupations cannot require more than e. Barber or beauty shop.
one room of residence.
The purpose of this pamphlet is to provide d. Stomge or warehouse used for
some guidelines in applying the Horne a. Occupation cannot be carried on, distribution.
Occupation Ordinance individual and material cannot be stored outside
circumstance& main buiidln& In the yard, or In a e. Sign shop.
ektached gara~etx abed.
Most business operations are rat considered I. On praolre aserchandisinj acsill'
compatible with and therefore should not be b. An addition cannot be cousuveted Office . any office that depends on
bated in residendal was. However, there for the sole purpm of housing the 6
are some businesses or occupations that are home occupation. rkstantlal cheat traflk to the preml,
not detrimental to the residential
cavironment These occupations are 3. No on pmralse or off premise suss are
permitted in residential areas by the Zonin : permitted.
Ordinance as home oempations.
4. Additional persona cannot be employed
nor can employ.aes come to residence to
nFC71MON OF ljomE OCCUPATIOtake assignments for the day.
ANY OCCUPATION OFACMTIYWHICH S. Occupations cannot be detrimental to
IS CLEARLY INCIDENTAL AND adjoining property.
SECONDARY TO THE USE OF THE
PREMISE FOR DKTI.LING PURPOSES a. No disturbing noise that is audible
AND IS NOT DbTRAIENTAL TO to neighbors. VIOLATIONS
0 ADJOLNUNG PROPERTY. A HOME
OCCUPA1701 MUST BE CARRIED ON b. No noticeable Inc, se In tmffk nor soot vialadeaa of
tPact a act It aa7 heart Or L
IN THE NLUN STRUCTURE, BY A a consistent number of cars parked In sporadic very
the
RESIDENT OF THE HOME, WTTHOUT front of residence. MKwe for tie dry Xtau to W be
THE EMPLOYMENT OF ADDMONAI, aoepidat. Is tub sitnatios, city staff Will work
PERSONS, AND WITHOUT THE USE OF c No objectionabie odor or other wkh tie arena" to rsasl►e tie pnbMa
A SIGN TO ADVERTISE. disturbances in the Poilhborbood. Is the sweat the neater eaaaet be meol It
WM be Marian' Ter osapieisaat to :ir a ~
1. Pamir Is cwt waded. It is the ti Enmptio of spedficaUy esdndnd know as spWat witi~ city attorney to inlet
resport ion to of person ow th with the home accvpatiotu the Vasa to aaut Ime iadweal shaking the
occupation to Wow tie to to cause of x. C to OPA" will be regatred to wear in anrt Is
tie ordtnantt so as not to Carpenter's, eleetrician's, punters, tatl ceaaralas tie vwlstioa•
nuisance to others. A fup scale or AmW contractor's shops.
business operation does not belong and
wW not be permitted in residential b. Appliance, autoawbik or hanltme
,3: .ti.isr T
•
•
Handout to Counall 02710/07.
CITIZEN'S RESOLUTION
Submitted for Consideration to the Mayor and City Council of Denton
16 December 1987
Whereas, Belt Recognized That
Over 2,500 dWdren are killed each year in bourse fires, many of whore could be rescued 1 Fire Fighters could quickly find them
but"by W defeating to deadly Smoke Blindness in most boost Gres. Unfortunately, Denton's do&-ated Fre FQNers
Perform Search 6 Rescue missions the 'old fashioned' way. Submerged in impenetrable black smoke (unable to see their own
hand in front of their Face) they slowly crawl through a house on their stomachs, b6My reaching for any objW they can grab, be it
a table Fog or the arm of an unev*6ous child A child might die from smoke hhalaton, or it he/she survives the tenifylrg flames,
be horrDy scarred for his. suffering severe emotional and"" pain for yam. The room Tayoul in our homes becomes a lethal
labyrinth of Herculean compWY4 for Demon's Fue Fighters, stactdN the odds even higher against them, as they FgM to find an
unconscious chid or elderly paws. Even mere seconds matter in their desperate logof-warbetween fife and death.
Recognizing secondly, that Denton's valves Fort Fighters can now WIN the kfe & death baMb wsh Smoke Btindneu, with
revolutionary 'Thermal Mghe Mon' Starch A Rescue Helmets, whose Incredible uses include:
• "ng an unconscous Child lost in the woods on a cold winter right (even if to du)d is partially hidden by thick
foliage or covered by it recwht snowfall), or else fndahq a lost eld" resident from a Nursing Hoare
• Law enforcement sclrvities against Escaped Prisoners, JkgW Dings, and Gang Ymolemce
• Municipal Utility and Power Plant k sped ohs, Hazardous Wasle surveys, and Bomb Disposal.
Recognizng thirdly, that Work!-Claw Fire and Police Departments are essential to bringing new high-IocMologY business and
well-paying jobs to Denton, and financially helpng home owners and small businesses by lowering property Insurance rates.
Recognizing, rrafly, that saving even one of Demon's Children from a terrifying death by fro, a lifetime of severe enW;wW and
physical pain from burns and scars, or a hod death by exposure on a sub-zero night while lost in the woods, overwhelmingy
justifies Denton's $ 175,000 life-savng inveAmerd In 'Thermal Night Y+sion' Fire Search 3 Rescue Helmets Im each of Donor's
sa (6) Fire Stations and the Police Depanmenfs Tactical Uri, all tasty sflorded with our annual Cdy Budget of $ 36 mo-lion dollars.
T7derefore,.Nfay it be Resolved by Denton's Mayor and City Council
1. As a Christmas Girt dedicaled to the Safety or Demon's children. authorize the immediate purchase of a 'Them%W Wl
Yhs'hon' Fire Search & Rescue Helmet (deGvared by 2S December 1997), The $ 19,025 fundrg by the City of Demon would
be combined with the $ 5,975 gift already generously donated by the students of Woodrow Wilson, Sam Houston, and
Evers Elementary Schools, for a grand total of S 25,000 to buy Demm's first Fire Search Q Rescue Helmet.
2. A 'Thermal Nigh Yabn' Fire Search S Rescue Helmet for Dernton's other five (5) Fire Stations and the Police
Department's Tactical Unit (delivered by 1 June 1998). The S 150,ODO cost would be hrWed with a one-percem budget
adjustment (donated from each City Department) over to remainder of the 1997.1999 fiste year, and supp!enwted by
1 Business Donat ohs and Citizen Donations (sormcsed in the Donlon Utlty Departments monthly bdli g slatements).
3. Recognizing the crucial role Demw's Fro Fighters and Poke pity In protecting our community and attracting new
• businesses, that Gro CIV of Denton Increase their capital equipment budget to 250-percent of the 1997.1996 Faca1
allocation, during the next three (3) consecutive years, providing, War iota, a new Ambulance, Ladder Truck
Conmunkatbns Equipment, Anti-Terrorlsl IrairiM end Bbfogical-Chem cal Barb Disposal equipment and training
4. To publicly recognize via CilisensNp Awards the extraordinary eflof of the Mowing persons, for their dediiceted and
generous efforts to bring fife-saving "Thermal Night Yaion' Fre Search d Rescue Helmets to Denton:
• Arthur Seely, Jr., President of the Donlon Fro Departrnem Corrirn pity Assistance Team (Fire 0A.T.S.)
• Woodrow Wiisorh Elementary Sdool and their Principal Gerald Stevenson 2,150 donation)
• • Sam Houston Elementary School end their Principal Teresa Arhdress (S 2175 donation) h ~ • O
• Evers FJemantary School and thei Pr ncipe! Barbara Coleman (S 1,350 donation).
J i recently met with Ion Chlsf Ross Chadwkk and Poke CAW Uk-&"f Ass, offering to help with fund-raisin and educational
seminars (as a Thermal FJrg IMWon design OrInW, and also asking RaytheorrTl Systerns to consider donating this equipment
to the Dentin Fee Department However, I've Introduced tonight's Mrsn AssolutJoa strictly at my ohm k0ative, since Denton
cant atlord to wart months or even years for the S 150,OOD to be rained exckmhvey with School Children or Business donations.
DmOss A.
2306PK*c1Rylane Dn%on,lr w 78201-fa n
t940)4114640a mppesdW~etnnadJhat
•
•
Denton ISD Elementary Schools : Fund-Raising Permission
The Infomsatlonal Postcard below educates Denton's Elementary School stude.Ms about the fevokftnary advantages
offered by Thermal Nghl Vision equipment, and encourages Sh4ent and Business donations. DISD has approved it's
distribution to lt»lr 7,500 Elarn Wary School students (Dr. Blake DeHan), PWA*V the approval M the City of DwIton.
May t please Denton's Maya and City CouncO to approve disubution of this brforme0on Postcard to the Denton ISD
Elementary School students, and if so, Mow me to directly commurrcale your approvel to Dr. Slake DWarl.
"Them)sWIght Mon 98" Search a Rescue p~
Campelgn 32 cant
2306 Picadilly Lane
vosrag. '
FN ra
"Thermal-Night Vision 98" Search & Rescue Campaign
2306 PicacWy Lane
Denton, Texas 76201.8638
Attention: Douglas A. Coggeshal
"Thonmel-Nlghl Vision 98" Campaign CoordUlatoa
Deer Fellow Da+lon-ISD Parent,
Each year over 2,500 cNdren die In house Ores, lkilonunately, Fire Fghters &M perform their Search I Rescue mkWkms
ha'old fashioned' way. Sudnarped in impenetrable black unoks (unable b sea d*r Mn hand N"of their face) they a tW# lag or
our homes a a
too arm of an w,ors ion chK sow to be a alarty of crake lr sb sbon. Worse &M M room layout In be
complete mystery to Dentao's FrsOphten, slacking the odds even Nghar apskul them. fighting to End sn w=nscbus dsld
otaide rty parsnL Even mere seconds nvder N t is Ng Wivr between Ara end doith
Fommtaly, Fre Fighters now WX IM Ha a death battle v4th Smoke Btndness using "Therrmi- tght Vlslon' sosrch A
Poscuo Hekru As a mochar l anglAw wIrW& dKigrwd hannal4*ghl vWw rrstams, I Mow tholr marry uses, Wks
• r firi&V an unconscious d+Od lost In the woods on a cold Mnter right (oven 0 M oW Is panaPy h!dden in thick lofiape or
covered by ■ recant snowfaf:). Poics deparVnants use a In a vsdaty of ways agsfnst tttna a 6e0 drugs, i ~
A `ThermaM Wt Hslon' Sasrch It Floecua HoMrof costs 125,000. -rhw nal,IapN VW" N Of- Is raiskg morwy
for one ror the Denton Fro a Poke Depsr;rwts, )cast In Ims )or Ctr lmao, Your farrNs pip of aver 1115.00 would make a
big d 1lerance. if you consider tra a wahy ktviestrwit, mall your donadw to kecMsl Ju (Dorton Pro 6 Pdrcs Manager,
601 E. Mdory, SWI*-E, Derrbn. 76206). For more kfiamaeon abed Mrm~ vhiork lnduduq a press AMC We.
Warr M addresses, or a darrronatr0on at ymr nod PTA, church, or d* group maaMp, pew 511 oaf the botlo n of this
card and rartrm a b me. or you may contact me by amal (ooggeshd 0 airmal.neq .
• Douglas A. CogOeshea O o
J Parent's Name Street Address 2',p Coda Pr~q rrion d by
(irM(M aRIOR CIYLY7a
FIN Loudon and Herne: C:1 Government l Denton l MvYclpef t CHren AeaokAlons l a7f7 r6 T7w cool t2don Saaml a Rasnre
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'LAtQtCAPE TABULATIQNS::' ta" a
f T01 TIiEET YAIaO' 4T 406
REO SHEET Y1d gSEAF'E lt410 S.FF =X) PROYOEDI ISAM S,i,
STREET YARD TRESS REQ*ZD'e L IC TREES !14 PROPOSED TRE1:5 • "PA YED
TREES PROPOSED CREDIT ni TREE51
SCREENK OF STREET YAM PARKNO LOTi L
1 - 2' CAI. TREE AND 4'EYER4REEN SHRUBS / 50 L.F. FRONTAGE-
M L.F. FRDNTAOE 1 - 2' TREES, 32 EVERGREEN SNRU95 AL6NO 1.35
ti
STREET YARD PARK110 LOT LANDSCAPE AEOUIRED i bX OF PAR" LOT AREA
PROV'OEI)111.7 15690 S.FJ "
NON - STREET YARD PAAKW LOT LANDSCAPE REQUIRED i4X OF PAAKNQ LOT AREA i
PROVWD 16.66X 16137 S.F.)
(19 ADDITIONAL PROPOSED TREES) I
LANDSCAPED OPEN SPACE+ REOUTAEO 54 PROVIDED 12X S
PLANT MATERIAL SCHEOI LE
a.
WANTITY SOTANK'.AL NAME C06IIION NAIE SIRE HEIGHT . SPREAD NOTE$
TWS OUERCUS IRO1N MIA l[YE DAL( 2'. 1, 1 , ~S,~6r.. /
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NOTES+ / M f 10,
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BENCHMARKS
t,
V WELDWL +o foist. a BM 1- SQUARE CUT AT TOP C.L. OF THE SOUTH W5 WEST HEADWAIL FOR THE BOX CULVERT UNDER
TOTAL SIT9 AREA 5,41 ACRES
i ~R, WAYNEAR TIE NORTH EAST PROPERTY BOX VE AT SM 02 - FOUND SNARE CUT ON THE CONCRETE SASE
AREA PHASE 1 3.615 ACRES
AREA PHASE 2 1.416 ACRES \ l s ~~E."" ON THE SOUTH SIDE OF THE EAST TRANWSSION
` r I TOWER 011. ELEV. 590,92
Z01rriG COMMERCIAL OISTRICT 0'0.12)
LAID USE !5.491 ACJ NEW AND 1U0 CAR SALES
k
FIRST FLOOR A0/ LOCATION
SHOWROOM 1 SALES OFFICES 3641 S.F. i i PBSii q.n g TEL. 'd CAP ~~c\ V G ~'°1p
ADMINISTRATION 2634 S.F.
SERVICE 9610 S.F,
PARTS DEPARTMENT 2137 S.F. BODY SHOP 6002 S.F. 00,
0
/ - ..i''~ GUY bRE /
TOTAL FIRST FLOOR 25624 S.F. doo
CANOPY AREA 3914 S.F.
+o* RAISED VEAENT KERS TH" P TxDOT DE "1 92 a
PARTS MEZZAN1iE 1360 S.F. / de a
of /I s TEL ~Cy, f ~ LOCATION MAP
/ via+ ~bF
PARKING REOUIREMENTS
TOTAL SOUARE FOOTAGE 26,96 - I SPACE PER 300 Of 90 SPACES ~ckxA / ip i~A eye I~aosT+R,\;n ~a)' a*01'19'
t
TOTAL PARKING REOIARED a 90 SPACES .
TOTALS VACANT
TOTAL PARKING PROVIDED = 92 SPACES
ZONED 04,
, - 13 All /
oe 44
NOTEs
1. ALL DMIENSIONS ARE TO FACE OF CURB / \ UNLESS NOTED OTHERWISE. /010.1 a
}
ma.O O SHALL BE CONSTRUCTED OF VARIOUS alY
COMMATIONS OF MASONRY MATMALS. / sop /
1001 + 3. PHASE IWLL BE MANTAIED AS A CRAS:i /y(c he6 `Nr;
AREA UNTIL IT P°COMES DEVELOPED. 16 /
LIGHTS
} 4. ALL LAND USES I , THE OFFICE DISTRICT (0) AND DNSTR 'P . SHALL BE PERMITTED. /,gyp / / I / TTP.
EXCEPT S NOTED I 1 'E ORD9UNCE NO- 87-0" 6
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