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City Council Agenda Packet
July 21, 1998
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Agenda No
AGENDA Agenda Item_
CITY OF DENTON CITY COUNCIL Date
July 21, 1998
Special Called Meeting of the City of Denton City Council on Tuesday, July 21, 1998 at 11:00
a.m, in the Council Chambers at City Hall, 215 E. McKinney, fienton, Texas at which the
following items will be considered:
1 Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City
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of Denton Utility System Revenue Refunding bonds, Series 1998A, and approving and
authorizing Instruments and procedures relating thereto and providing an effective date.
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 1998 at
o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT.
THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN J
ADVANCE OF THE SCHEDULED MEETING, PLEASE CALL THE CITY 1
SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS
DEVICES FOR TOE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED +
THROUGH THE CITY SECRETARY'S OFFICE.
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AGENDA
CITY OF DENTON CITY COUNCIL
July 21, 1998
After determining that a quorum is present and conv°ning in an open meeting, the City
Council will convene in a Closed meeting of the City of Denton City Council on Tuesday,
July 21, 1998 at 5:45 p.m. in the Council Work Session Room at City Hall, 215 E.
McKinney, Denton, Texas, at which the following items will be considered:
1. Closed Meeting,
A. Consultation with Attorney-Under TEX. GOVT. CODE Sec. 551.071
1. Consider strategy and discuss status of case and possible settlement
authority for mediation with City Attorney in litigation styled Hansen
Information Technologies, Inc. v. Aztecs, Inc., Case No. 4:97-CV-308
filed in the U.S. District Court, Eastern District.
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B. Conference with Employees - Under TEX. GOV'T. CODE Sec, 551.075, The
Council may receive information from employees during a staff conference or
briefing, but may not deliberate during the conference.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH
EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEX. GOVT, CODE CH. 331, THE CITY COUNCIL RESERVES
THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GO 1. CODE SEC. 551.001, ET SEQ, (TEXAS OPEN
MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING 1GENDA OR TO
RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, INCLUDING, WITHOUT LIMITATION, SECTIONS 551,071-551.085
OF THE OPEN MEETINGS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, July 21, 1998 at 7:00 p.m.
in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
" 1. Fledge of Allegiance
A U.S. Flag
B. Texas Flag
i "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and
indivisible."
1. Consider approval of the minutes of April 7, April 14, April 17, April 21, April 28, 0 '
May 5, and May 12, 1998.
PRESENTATIONS/AWARDS
3. Announce winning Electric Department logo and draw winner of Electric Department
Logo Contest•
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City of Denton City Council Agenda
July 21, 1998
Page 2
4. Presentations
A. Yard of the Month Awards
B. Proclamations
5. Resolution of Appreciation
A. Consider approval of a resolution in appreciation of James Thomason
CITIZEN REPORTS
6, Reccive a report from Ross Melton, Jr. regarding Henry Thomas and over-regulation.
7. Receive a report from Ali AI-Khafaji regarding tyrar-ey in Denton.
8. Receive a report from Dessie Goodson regarding the City and the City ordinances.
9. Receive a report from Carol Ann Gartzer regarding the North Texas State Fair,
~rJENT AGENUg
Each of these items is recommended by the Staff and approval thereof will be strictly
on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item In accordance with the Staff
recommendations, 'fhe City Council has received background information and has had an
opportunity to raise questions regarding these items prior to consideration,
Listed below are bids and purchase orders to be approved for payment under the
Ordinance section of the agenda. Detailed back-up information is attached to the ordinances
(Agenda Items 10-19). This listing is provided on the Consent Agenda to allow Council
Members to discuss or withdraw an item prior to a+ m- -l of the Consent Agenda. If no items
are pulled, Consent Agenda Items 10-19 below w... oc d, roved with one motion, If items are
pulled for separate discussion, they will be considered td 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
10. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for an addition to existing pre-engineered building; providing for the expenditure of
funds therefore; and providing an effective date. (Bid #2235 - Metering and Substation
Building Expansion awarded to Davis and Hawkins in the amount of $47,801.00)
It. Consider adoption of an ordinance accepting competitive bids and awarding a contract C
for the rental/purchase of uniforms; providing for the expenditure of funds therefore;
and providing an effective date. (Bid #1196 Rental/Purchase of Uniforms awarded to
xYr~ - Item A-C to Unifirst at $63,650.00 per year estimate and Item D to Image Uniform
estimated to be $12,212.50 for outright purchase)
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City of Denton City Council Agenda
Jul), 21, 1998
Page 3
12, Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of furniture for the Denton Municipal Complex Expansion; providing
for the expenditure of funds therefore; and providing an effective date. (Bid #2209 -
Furniture -Denton Municipal Complex awarded to Intelligent Interiors in the amount of
$68,005.80)
13. Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for armored courier service; providing for the expenditure of funds therefore;
and providing an effective date. (Bid #2224 - Armored Courier Service awarded to
Armored Transport Texas, Inc. in the amount of $336.00 per month or $18,816,00 per
year)
14. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for the third and fourth quarter 1998 payment by the City of
Denton for a solid waste permit fee calculated at 3.5`k of refuse collection fees to the
Texas Natural Resource Conservation Commission; and providing an effective date.
(PO #81818R98 to Texas Natural Resource Conservation Commission (TNRCC) in the
amount of $50,000)
15. Consider adoption of an ordinance providing for the expenditure of funds for
emergency purchases of materials, equipment, supplies or services in accordance with
the provisions of state law exempting such purchases from requirements of competitive
bidding; and providing for an effective date. (PO #86380 to Brandon & Clark, Inc. for
one 800 IIP Electric Motor in the amount of $29,600.00)
16, Consider adoption of an ordinance awarding a contract for a 5•yeat lease purchase of a
70-page per minute color printer/copier as awarded by the State of Texas General
Services Commission; providing for the expenditure of funds therefore; and providing
for an effective date. (P.O. #86142 to Danka in the first annual payment amount of
$50.308.20)
17, Consider approval of a resolution of the City of Denton, Texas, authorizing the
submission of an application to the Criminal Justice Division of the Office of the
Governor, State of Texas, requesting continued funding for one (1) Juvenile/Domestic
Violence Investigator and associated training and supplies for a Family Services Unit;
and providing an effective date.
18. Consider adoption of an ordinance of the City of Denton, Texas, adopting a logo to be
used as the official logo of the Electric Utility of the City of Denton, Texas;
prohibiting the use of such logo by any person, firm, corporation, or organization,
other than the City of Denton without written approval of the City Manager; providing 0 S
for a penalty clause; providing for a repealer; providing for a severability clause; and
providing for an effective date,
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19. Consider approval of a resolution of the City of Denton, Texa:,, formally amending
Resolution Number R92-040 to rename the Denton Municipal Complex to City Hall
East; and providing for an effective date.
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City of Denton City Council Agenda
July 21, 1998
Page 4
PUBLIC HEARINGS
20. Hold a public hearing and consider rezoning 2,294 acres from a Commercial (C) '
zoning district to a Multi-Family One (MF-l) zoning district. The property is legally
described as past of Tract 350 of the Alexander Hill Survey and is located on the south
side of 1.35 East, to the north of Londonderry Street, and between Sam Bass Boulevard
and Teasley Lane. The proposal is to develop a multi-family complex, (The Planning
and Zoning Commission recommended approval " to the City Council on May 27,
1998. Due to a tie vote (3.3) by City Council on June 16, 1998 this item was
postponed for reconsideration until this meeting.) (Z-98-025) (This item will be
deliberated only if all of the Council Members are present.)
21, Hold a public hearing and consider rezoning 2.21 acres from a Commercial (C) zoning
district to a Multi-Farnily One (MF-1) zoning district, The property is legally
described as part of Tract 350 of the Alexander Hill Survey and is located on the south
side of 1-35 Fast, to the north of Londonderry Street, and between Sam Bass Boulevard
and Teasley Larr., The proposal is to develop a multi-family complex. (The Planning
and Zoning Commission recommends approval 4-1.) (Z-98-030)
22. Consider adopting an ordinance annexing a 15.088 acre tract located east of Swisher
Road near its intersection with Edwards Road in Denton's extraterritorial jurisdiction
northeast of 1.35E; establishing temporary Agricultural (A) zoning district classification
and use designation; and providing an effective date. (First reading, A-77) (Planning
and Zoning Commission recommends approval 5-0.)
ITEMS FOR INDIVIDUAL CONSIDERATION I
23. Receive Certification of Initiative Petition frcm City Secretary and give staff direction,
24. Consider approval of a resolution urging the 76' Texas Legislature to increase
appropriations for roadway maintenance and improvements; and providing an effective
date.
25. Consider adoption of an ordinance of the City of Denton authorizing the City Manager
A to execute a professional services contract with ADS Environmental Services, Inc. for
engineering services for the water/wastewaler engineering 1998 smoke testing
program; authorizing the expenditure of funds therefore; and providing an effective 4
date.
26. Consider adoption of an ordinance approving a real estate contract between the City of
Denton and Saint Andrew Church of God In Christ, relating to the purchase of 0.187 0
acres of land for constructing drainage improvements in the PEC4 Tributary of Pecan
Creek; authorizing the expenditure of funds therefore; and providing an effective date,
27. Consider adoption of an ordinance vacating easement interests, if any, in 0.081 acres in
the S. C. Hiram Survey, Abstract 616, Denton County, Texas; and providing an
effective date, (Saint Andrew Church of God in Christ, 6081akey Street)
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City of Denton City Council Agenda I
July 21, 1998
Page 5
28. Consider adoption of an ordinance authorizing the City Manager to ex. cute a real estate
contract with Craig D. Johnson and wife, Terri Johnson, for the purchase of
approximately 0.181 acres tract of land known as Parcel No. 17, U.S. Highway 77,
Denton, Denton County, Texas for the U.S. Highway Widening Project; authorizing
the expenditure of funds therefore; and providing an effective date.
29. Consider increasing the per capita fees charged to the cities of Argyle, Corinth,
Hickory Creek, Krum, Lake Dallas, Ponder, Shady Shores and Sanger by the City of
Denton for emergency medical services (EMS).
30. Consider adoption of an ordinance establishing fees to be charged for emergency
ambulance services and standby emergency ambulance services in the City of Denton
as provided for in Sec, 27-102 of Article IV of Chapter 27 "Vehicles for Hire" of the
Code of Ordinances of the City of Denton.
31. Consider adoption of an ordinance calling a public hearing on the adoption of a capital 1
improvements plan and water and wastewater impact fees in accordance with Chapter
395 of the Local Government Code; requiring the City Secretary to post notice of the
public hearing and to provide additional notice of the public hearing as set forth in the
body of this ordinance; and providing an effective date.
32. Consider approval of an ordinance of the City of Denton, Texas dissolving the
Information Services Advisory Board and repealing Ordinances 79-81, 82-09, 84-06, 96-
255 and any other ordinance of the City of Denton, Texas, to the extent of any conflict r
and providing an effective date.
33, Consider nominations and appointments to the City's Boards and Commissions.
34. Consider appointments to City Council committees.
35. Consider and accept the resignation of Tcd Benavides, City Manager, to be effective
September 9, 1998.
36. Miscellaneous matters from the City Manager.
37. New Business
This item provides a section for Council Members to suggest items for future agendas.
' 38. Possible continuation of Closed Meeting under Sections 551-071-551.085 of the Texas
Open Meetings Act, '
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39. Official Action on Closed Meeting items held under Section 551-071-551.085 of the
Texas Open Meetings Act.
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City of Denton City Coun:il Agenda
July 21, 1998
Page 6
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of
the City of Denton, Texas, on the day of 1998 at
o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE; THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN f
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.
PLL.ISE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
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Agenda No
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AGENDA INFORMATION SHEET I
lip
AGENDA DATE: 3uly 21, 1998 j
DEPARTMENT: Finance
CM/DCMIACM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT-
An ordinance authorizing the issuance, sale, and delivery of City of Denton Utility ?
System Revenue Refunding Bonds. Series 1998A, and approving and authorizing
instruments and procedures relating thereto; and providing an effective date.
BACKGROUND-
The City refinanced $36,510,000 in 1996, which was the first half of the total amount to
be refinanced. The City now has the opportunity to refaance the remaining Corr& debt
and complete this outstanding issue, Proceeds from the sale of the refunding bonds will
be used to refund an obligation in the amotird of $36,795,000 owed by the City pursuant
to a contract with the United States of America, Corps of Engineers, for the construction
and development of Lake Ray Robert Lake Reservoir. Proceeds from the sale will also
be used to fund a reserve fund and help pay costs of issuance associated with the debt.
PRIOR ACTION/REVIEW (Council, Boards, Commisslons)
This was reviewed and approved by the Debt Management Committee.
FISCAL INFORMATION
I be Utility System Revenue Refunding, Series 1998A will require an annual debt service
payment of approximately 52,567,616 and will save the City approximately $35 million 1
in debt service payments over the next 20 years.
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Respectfully submitted:
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Diana 0. Ortiz
Director of Fiscal Operations
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ORDINANCE NO, 98•
ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF
DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1998A, AND
APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING
THERETO; AND PROVIDING AN EFFECTIVE DATE
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, the City of Denton, Texas, heretofore has duly issued the following revenue bonds.
City of Denton Utility System Revenue Bonds, Series 1988, dated August 1, 1988;
City of Denton Utility System Revenue Bonds, Series 1989, dated October 1, 1989;
City of Denton Utility System Revenue Bonds, Series 1992, dated March 1, 1992;
City of Denton Utility System Revenue Bonds, Series 1993, dated March 1, 1993;
City of Denton Utility System Revenue Refunding Bonds, Series 1993-A, !-ud June 1, 1993;
City of Denton Utility System Revenue Refunding Bonds, Taxable Seres 1993-0, dated June I, 1993;
City of Denton Utility System Revenue Bonds, Series 1996, dated May 1, 1996.
City of Denton Utility System Revenue Refunding Bonds, Series 1996A, dated May 1, 1996;
City of Denton Utility System Revenue Bonds, Scrics 1998, dated March 13, 1998; and
C:'y of Denton Utility Systcm Revenue Bonds, Series 1998A, dated Jul), 15, 1998;
WHEREAS, the City Council of the City of Denton decors it necessary and advisable to authorize,
issue, and deliver the additional Utility System Revenue Bonds hereinafter described, and
4, WHEREAS, the Series 1999A Bonds hereinafter authorized and describod are to be issued, sold, and
0 delivered pursuant to Vernon's Ann Tex Civ. St. Art, 717k, the City's Hare Rule Charter, and other f
applicable laws, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
11 Section I, AMOUNT AND PURPOSE OF THE BONDS The bond or bonds of the Issuer are
hereby authorized lobe issued and delivered in the aggregate principal amount of $36,793,000, for the purpose
of providing for refunding and prepaying certain obligations of the Issuer pursuant to a "Contract between the 0
United States of America and the City of Denton, Texas, for water storage spaces in Aubrey and Lewisville
Lakcs, Texas", funding a rescne fund and paying a portion of the cost of issuing said bonds, and shall be
designated "City of Denton Utility System Rcvenue Refunding Bonds, Series 199BA" (the "Series 1999A
Bonds").
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Section 2 DESCRIPTION OF THE BONDS, (a) With respect to the Series 1998A Bonds, initially
there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons,
payable in installments of principal (the "Initial Series 1998A Bond"), but the Initial Series 1998A Bond may
be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully
registered bonds, without interest coupons, having serial matuntics, and in the denomination or denominations
of 55,000 or any integral multiple of $5,000, all in the manner hereinafter provided, The term "Series 1998A
Bonds' as used in this Ordinance shall mean and include collectively the Initial Series 1998A Bond and all
substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued
pursuant hereto, and the term "Series 1998A Bond" shall mean any of the Series 1998A Bonds.
(b) the term "Initial Bond" as used in this Ordinance shall mean and include collectively the Initial
Series 1998A Bond, the term "Bonds" as used in this Ordinance shall meant and include collectively the Initial
Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds
issued pursuant hereto, and the term "Bond" shall mean any of the Bonds.
Section 3. INITIAL DATE, DENOMINATION, NUMBER, M %TURITIES, INITIAL
REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BONDS. (a) The Initial Series
1998A Bond is herebv authorized to be issued, sold, and delivered hereunder as a single fully registered Bond,
without interest coupons, dated JULY 15, 1998, in 'he denomination and aggregate principal amount of
$36,795,000, numbered R•1, payable in annual instalhn:nts of principal to the initial registwed owner thereof,
town
or to the registered assignee or assignees of said Series 1998A Bond or any portion or portions thereof (in each
case, the "registered owner"), with the annual installments of principal of the Initial Series 1998A Bond to be
payable on the dates, : espectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL
SERIES 1998A BOND set forth in this Ordinance
(b) The Initial Bond (i) may and shall be prepaid or redeemed prior to the scheduled due dates of
installments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged
for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and
interest on the Initial Bond shall be payable, all as provided, and in the manner required or indicated, in the
FORM OF INITIAL SERIES 1998A BOND set forth in this Ordinance.
Section 4 INTEREST. The unpaid principal balance of the Initial Bond shall bear interest from the
date of the Initial Bond to the respective scheduled due dates, or to the dates of prepayment or redemption, of
the installments of principal of the Initial Bond, and said interest shall be payable, all in the manner provided
and at the rates and on the dates stated in the FORM OF INITIAL SERIES 1998A BOND set forth in this
Orduman:e
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Section 5. FORM OF INITIAL SERIES 1998A BOND. The form of the Initial Bond, including the
f,rm of Registration Certificate of the Comptrolki of Public Accounts of the State of Texas to be endorsed
on the Initial Bond, shall be substantially as follows:
FORM OF INITIAL SERIFS 1998A BOND
NO. R•I $36,795,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OFDENTON
CITY OF DENTON UTILITY SYSTEM REVENUE
REFUNDING BOND
SERIES 1998A
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THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdiviilon of
the State of Texas, hereby promises to pay to
or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the
"registered owner") the aggregate principal amount of
$36,795,000
(THIRTY SIX MILLION SEVEN HUNDRED NINETY FIVE THOUSAND DOLLARS)
in annual installments orprincipal due and payable on December I in each of the years, and in the respective
principal amounts, as set forth in the following schedule,
PRINCIPAL PRINCIPAL
YEAR AMOUNT YEAR AMOUNT
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2006 S 310,000 2018 $1,515,000
2007 510,000 2019 1,595,000
2008 735,000 2020 1,680,000
2009 950,000 2021 1,770,000
2010 1,015,000 2022 1,865,000
1011 1,065,000 2023 1,965,000
2012 1,120,000 2024 2,065,000
2013 1,175,000 2025 2,180,000
2014 1,135,000 2026 2,295,000
2015 1,300,000 2027 2,415,000
2016 1,370,000 1028 1,545,000
2017 1,440,000 2029(maturity) 2,00,000
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and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of
principal, respectively, from time to time remaining unpaid, at the rates as follows:
per annum on the above installment due in 2006
per annum on the above installment due in 2007
°o per annum on the above installment due in 2008
per annum on the above installment due in 2009
per annum on the above installment due in 2010
per annum on the above' stallmcnt due in 2011
per annum on the abc c installment Joe in 2012
per annum on the above installment duc in 2013
per annum on the above installment due in 2014
per annum on the above installment due in 2015
per annum on the above installment due in 2016
per annum on the above installment doe in 2017
per annum on the above installment due in 2018
per annum on the above installment due in 2019
per annum on the above installment due in 2020
per annum on the above installment duo in 2021
per alinum on the above installment due in 2022
per annum on the above installment due in 2023
-°o per annum on the above installment due in 2024
_°o pcr annum on the abavc installment due in 2025
°o per annum on the above installment due in 2026
per annum on the above installment due in 2027
per annum on the above instalment due in 2028
-°o per annum on the above installment due in 2029
with said interest being payable on December I, 1998 and semiannually on each June I and December I
thereafter white this Bond or any portion hereof is outstanding and unpaid Said interest shall be calculated
on the bans of a 360-day year composed of niche 30-day months,
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Wnd are payable in
lawful moncv of the United States of Amcnca, without exchange or collection charges, The installments of
principal and the interest on this Bond are payable to the registered owner hereof through the services of
CHASE BANK OF TEXAS, NATIONAL. ASSOCIATION, DALLAS, TEXAS, which is the "Paying
Agent/Registrar" for this Bond Payment of all principal of and interest on this Bond shall be made by the
S PayingAgent/Regbtrartotheregistered oKnerhereofon each principal and/or in:erestpayment date by check,
dated as of such date, drawn by the Paying AgcnURcgistrar on, and payable solely from, funds of the Issuer
required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with
the Pay rig Agent/Rcgistrar for such purpose as hereinafter pro%idcd, and such check shall be sent by the
Paying AgcnURcgistrar by United States mail, first-class postage prepaid, on each such principal and/or J
inhacst payment date. to the registered varier hereof, at the address of the registered owner, as it appeared on l
. the 151h day of the month next preceding each such date (the "Record Date") on the Registration Books kept
bythePayirgAgcnURegistrar,ashercinafterdcscribcd no Issuer eovenantsvith*4registered owner ofthis
L , Bond that on or before each principal andror interest payment date for this Bond it will make available to the
u Paying AgcnURcgistrar, from the "Interest and Sinking Fund" maintained pursuant to the Bond Ordinance, the
amounts required to provit'c fur the payment, in immediately available funds, or e.1 principal of and interest
on this Bond, when due
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IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar
is located are authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institution arc
authorized to close, and payment on such date shall have the same force and effect as if nusde on the original
date payment was due
THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas
in the principal amount of $36,793,000, for the purpose of providing for refunding and prepaying certain
obligations of the Issuer pursuant to a "Contract between the United States of America and the City of Denton,
Texas, for water storage spaces in Aubrey and Le%isnlle Lakes, Texas", funding a reserve fund and paying
a portion of the cost of issuing the Bonds
ON DECEMBER 1, 2008, or on any date whatsoever thereafter, the unpaid installments of principal
of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with
funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this
Bond to be prepaid or rodeemed shall be selected and designated by the Issuer (provided that a portion of this
Bond may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the
par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption
(THE OUTSTANDING BONDS of this Series scheduled to mature on DECEMBER 1, 2029 are
subject to mandatory redemption prior to their scheduled maturities, and shall be redeemed by the Issuer, in
part, prior to their scheduled maturities, with the particular Bonds or portions thereof to be redeemed to be
selected by the Paying AgenURegistrar at random, by lot or other customary method (provided that a portion
or a Bond may be redeemed only in an integral multiple of $5,000), at a redemption price equal to the par or
principal amount thereof and accrued interest to the date of redemption, on the dates, and in the principal
amounts, respectively, as shown in the following schedule.
December 1. 2029 Maturity
Mandatory Principal Mandatory Principal
Redemption Da10 AmountL Redemption Dates Amour.
December 1, 2012 $1,120,000 December I, 2021 $1,770,000
December 1. 2013 1,173,000 December 1, 2022 1,863,000
December 1, 2014 1,235,000 December I, 2023 1,963,000
n December 1, 2013 1,300,000 December 1, 2024 2,063,000
December 1, 2016 1,370,000 December 1, 2023 2,180,000
December 1, 2017 1,440,000 December I, 2026 2,295,000
December 1, 2019 1,515,000 December 1, 2027 2,415,000
December 1, 2019 1,395,000 December 1, 2029 2,345,000
December 1, 2020 1,680,000 December I, 2029 2,680,000 tp.ynwd T..nuttyl
The principal amount of the Bonds required to be redeemed on the Mandatory Redemption Dates pursuant to 1
the foregoing shall be reduced, at the option of the Issuer by the principal amount of any Bonds out of the
maturity' scheduled for December 1, 2029 which, at least 45 days prior to the aforesaid appropriate redemption 0
date (1) shall have been acquired by the Issuer at a price not exceeding the principal amount of such Bonds plus
accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrat for cancellation, I
or (2) as shall have been redeemed pursuant to the optional rodemption provisions hereof and riot previously
credited to the Mandatory Sinking Fund redemption ]
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AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice
ofsuch prepayment or redemption shall be mailed by the Paying AgentrRcgistrartothe registered owncrhereof
By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the
Paying Agent/Registrar for the payment of the required prepayment or redemption price for this Bond or the
portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for
prepay ment or redemption. If such written notice of prepayment or redemption is given, and if due provision
for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so prepaid
or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and
shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being
outstanding except for the right of the registered owner to receive the prepayment or redemption price plus
accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the
funds provided for such payment. The Paying Agent/Registrar shall recoti in the Registration Books all such
prepayments or redemptions of principal of this Bond or any portion hereof
THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and
unredeemed portion hereof in any integral multiple of S5,000, may be assigned by the initial registered owner
hereof and shall be transferred only in the Registration Books of die Issuer kept by the Paying AgcntlRegistrar
acting in the capacity of registrar for the Bonds, upon the terns and conditions set forth in the Bond Ordinance.
Among other requirements for such transfer, this Bond must be presented and surrendered to the Paving
AgenURegisirar for cancellation, togc'her with proper instruments of assignment, in form and with guar nivic
of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner
of this Bona, or any portion or portions hereof in any integral multiple of S5,000, to the assignee or assignocs
in whose name or ntirnes this Bond or any such portion or portions hereof is or are to be transferred and P
registered Any instrument or instruments of assignment satisfactory to the Paying Agcn1/Registrar may be
used to ewdmce the assignment of this Bond or any such portion or portions hereof by the initial registciA
owner hereof A new bond or bonds payable to such assignee or assignees (which then will be the new
registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of
this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the
Pay mg Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hesof, but
solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this
Bond or any portion hereof The registered owner of this Bond shall be deemed and treated by the Issuer and
the Paying Agcnt'Registrar as the absolute o%vncr hereof for all purposes, including payment and discharge of
liabildy upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not
.
be affected by any notice to the contrary
AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or
unredeemed principal balance hereof, may be eomcned into and exchanged for a like aggregate principal
amount of fully registered bonds, without interest coupons, payable to die assignee or assigirecs dul) designated
in w riting by the initial registered owner hereof, or to the initial registered owner as to any portion of this Bond
which is not being assigned and transferred by the initial registered owner, in any denomination or
denominations in any integral multiple of $3,000 (subject to the requirement hereinafter stated that each
substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity
date). upon surrender of this Bond to the Paying Agcnt/Registrar for cancellation, all in accordance with the
form and procedures set north in the Bond Ordinance if this Bond or any portion hereof is assigned and
• transferred or converted each bond issued in exchange for any portion hereof shah have a single stated principal O
maturity date corresponding to the due date of the installment of principal of this Bond or portion hereof for
which the substitute bond is being exchanged, and shall bear interest iet the rate applicable to and bome by such
installment of principal or portion thereof Such bonds, respectively, shall be subject to redemption prior to
maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond
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or portion hereof for which they are being exchanged. No such bo,;d shall be payable in installments, but shall
have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND
IN ITS PRESENT FORM MAYBE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY,
and to one or more assignces, but the bonds issued and delivered in exchange for this Bond or any portion
hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance , The
Issuer shall pay the Paying AgenvRegistrar's standard or customary fees and charges for transferring,
converting. and exchanging this Bond or any portion thereof, but the uric requesting such transfer, conversion,
and exchange shall pay any taxes or governmental charges required to be paid with respect thereto The Paying
Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the
period commencing with the close of business on any Record Date and ending with the opening of business on
the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof ealW
for prepayment or redemption pnor to maturity, within 45 days prior to its prepayment or redemption date
IN THE EVENT any Paying AgcnURegistrar for this Bond is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint "
a competent and legally qualified substitute therefor, and promptly will carne written notice thereof to be
mailed to the registered owner of this Bond,
IT IS HEREBY ceriificd, recited, and covenanted that this Bond has been duly and validly authorized,
issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and
be done precedent to or in the authon: ation, issuance, and delivcryof this Bond have been performed, existed,
and been done in accordance with lam; that this Bond is a special obligation of the Issuer, secured by and
payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include
initially the "Net Revenues of the System" as such terms are defined in the Bond Ordinance, with the System
consisting of the City's entire combined waterworks, sewer, and electric light and power system.
THE ISSUER has reserved the right, subject to the restrictions stated in the Bond Ordinance, to issue
Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a panty
with this Bond
THE ISSUER also has resoncd the right, subject to the restrictions stated in the Bond Ordinance, to
amend the Bond Ordinance with the approval o£the holden c r owners of fifty-one percent in principal amount
of all outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged
Revenues,
THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or
the interest hereon out ofany funds raised or lobe raised by taxation or from any source whatsoever other than
specified in the Bond Ordinance
BY BECOMING the registered owrmcr of this Bond, the registered owner thereby a6ww•lodges all of
the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and
records of the governing body of the Issuer, and agrecs that the terms and provisions of this Bond and the Band
. Ordinance constitute a contract between the registered owner hereof and the Issuer. ,
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IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile `
signature of the Mayor of the Issuer and countersigned with the rnartual or facsimile signature of the City
Secretary of the Issuer, has caused the official seal of tiu Issuer to be duly impressed, or placed in facsimile,
on this Bond, and has caused this Bond to be dated Jul) IS, 1998.
City Secretary, City of Denton, Texas Mayor, City of Denton, Texas
(CITY SEAL)
(BOND INSURANCE LEGEND, IF ANY)
FORM OF REGISTRATION CE TIFICA'TE OF TTIE
COMPTROLLER OF PUBLIC ACCOUNTS.
COMPTROLLER'S REGISTRATION CERTIFICATE REGISTER NO,
I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney
General of the State of Texas, and that this Bond has been registered by the Comptroller or Public Accounts
of the State or Texas
W' tcss my signature and seal this
Comptroller of Public Accounts
of the State of Texas
(COMPTROLLER'S SEAL)
Section 6 ADDITIONAL CHARACTERISTICS OF TTiE BONDS, RcgistrationandTrans fcr (a)
The I suer shall keep or cause to be kept at the principal corporate trust office of CHASE BANK OF TEXAS,
NATIONAL ASSOCIATION, DALLAS, TEXAS (the "Paying Agent/Registrar") books or records of the
registration and transfer of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying
Agmt,'Registrar as its registrar and transfer agent to keep such books or records and make such transfers and
registrations under such reasonable regulations as the Issuer and Paying AgcnURegistrar may prescribe; and
the Paying AgcnURegistrar shall make such transfers and registrations as herein provided. The Paying
AgcnURegistrar shall obtain and record in the Registration Books the address of the registered owner ofcach
Bond to which payments with respect to the Bonds sball be mailed, as herein provided, but it shall be the duty
of ezch registered owner to notify the Paying AgcnURegistrar in writing of the address to which payments shall I
be mailed, and such interest payments shall not be mailed unless such notice has been given The lssucr shall
have the right to inspect the Registration Books during regular business hours of the Paying AgcnURegistrar,
but otherwise the Paying Agmt/Registrar shall keep the Registration Books eenfidential and, unless otherwise
required by lave, shall not permit their inspection by any other entity. Registration of each Bond tray be
transferred in the Registration Books only upon presentation and surrender of such Bond to the Prying
AgcnURegistrar for transfer of registration and cancellation, together with proper written instruments of
assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing
(Q the assignment of the Bond, or any portion thereof in any integral multiple of S5,000, to the Assignee or
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asss,tnces thereof, and (ii) the fight of such assignee or assignees to have the Bond or any such portion thereof
rcgis trod in the name of such assignee or assignees Upon the assignment and transfer of any Bond or any
portiou thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the
manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, -
may be assigned and transferred by the initial registered owner thereof once only, and to one or more assibhtees
designated in writing by the initial registered owner thereof All Bonds issued and dcliverod in conversion of
and exchange for the Initial Bond shalt be in any denomination or denominations of any integral multiple of
S5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated
pnncipal matun;y date), shall be in the form rrescnbed in the FORM OF SUBSTITUTE SERIFS 1998A
BOND set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and
converted as hereinafter provided if the Initial Bond or any portion thereof is assigned and transferred or
converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond
issued in exchange for any portion of the Initial Bond shall have a single stated principal matunty date, and
shall not be payable in in:Wtments; and earh such Bond shall have a principal maturity date corresponding
to the due date of the installment of principal or portion thereof for which the substitute Bond is being ex-
changed, and each such Bond shall bear interest at the single rate applicable to and borne by such installment
of principal or portion thereof for which it is being exchanged Ifonly a portion of the Initial Bond is assigned
and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute
Bonds in exchange for the unassigned balance of the initial Bond in the same manner as if the initial registered
owner were the assignee thereof If any Bond or portion thereof other than the Initial Bond is assigned and
transferred or converted each Bond issued in exchange therefor shall have the same principal maturity date and
bear interest at the same rate ask Bond for which it is exchanged. A form of assignment shall be printed or
endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly
authorized attorney or representative to evidence an assignment thereof Upon surrender of any Bonds or any
portion or portions thereof for transfer of registration, an authorized representative of the Paying
Agent'Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered
substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees
(which then will be the registered owner or owners of such new Bond or Bonds), or to the previous registered
ovmcr in case only a portion of a Bond is being assigned and transferred, all in conversion of and exchange for
said assigned Bond or Bonds or any portion or portions thereof, in the same form and manner, and with the
same effect, as provided in Section 6(d), below, for the conversion and exchange of Bonds by any registered
owner of a Bond The Issuer shall pay the Paying Agent/Registrorb standard or customary fees and charges
for making such transfer and delivery of a substitute Bond or Bonds, but the one requesti.:g such transfer shall
pay any taxes or other go%cmnicntal charges required to be paid with respect thereto. The Paying
AgendRcgistrar shall not be required to make transfers of registration of any Bond or any portion thereof (i)
during the period commencing with the close of business on any Record Date and ending with the opening of
business on the next following principal or interest payment dale, or, (ii) with respect to any Bond or any
portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date.
(b) Owncrship of Bonds The entity in whose nanre any Bond shall be registered in the Registration
Books of arty time shall be deemed and treated as tho absolute owner thereof for all purposes of this Ordinance,
whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected
by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest
. on any such Bond shall be made only to such registered owner All such payments shall be valid and effectual
to satisfy' and discharge the liability upon such Bond to the extent of the sum or turns to paid. 0 ~
(c) Pavment of Bands and Interest The Issuer hereby further appoints the Paying AgcrivRegistrar
to act as the pay ing agent for paying the principal of and interest on the Bonds, and to act as its agent to
conycrt and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall
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keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the
Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this
Ordinance.
(d) Conversion and Exchange or Replacement, Auth n i a ion. Each Bond issued and delivered
pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount
thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar,
together with a written request therefor duly executed by the •cgistcred owner or the assignee or assignees
thereof, or its or their duly authorized attomeys or representatives, with guarantee of signatures satisfactory
to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as
appropriate, be converted into and exchanged for fully registered bonds, without interest coupons, in the form
prescribed in the FORM OF SUBSTITUTE SERIES 1998A BOND set forth in this Ordinance, in the
denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that
each substitute Bond shall have a single stated maturity date), as requested in writing by such registered oNner
or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal
balance or principal amount of any Bond or Bonds so surrendered, and payable to tiie appropriate regiecrod
oNner, assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred or converted
cacti substitute Bond issued in exchange for any portion of the initial Bond shall have a single stated principal
maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date
corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond
is being exchanged. and each such Bond shall bear interest at the single rate applicable to and borne by such
installment of principal or portion thereof for which it is being exchanged. If a portion of any Bond (other than
the Initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or
Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations
of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount
equal to the unredeemed portion thereof, Hill be issued to the registered owner upon surrender thereof for
cancellation If any Bond or portion thereof (other than the Initial Bond) is assigned and transferred or
converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest
at the same rate as the Bond for which it is being exchanged Each substitute Bond shall bear a letter and/or
number to distinguish it from each other Bond. The Paying AgenURegistrar shall convert and exchange or
replace Bonds nc provided herein, and each fully registered bond delivered in conversion of and exchange for
or ruplaccmcnt rfany Bond or portion thereof as permitted or required by any provision ofthis Ordinance shall
constitute one rt the Bonds for all purposes of this Ordinance, and may again be converted and exchangxl or
replaced It is specifically provided that any Bond authenticated in conversion of and exchange for or
replacement of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear
interest from the date of the Initial Bond, but each substitute Bond so authenticated after such first scheduled
Record Date shall bear interest from the interest payment date next preceding the date on which such substitute
S Bond a as so authenticated, unless such Bond is authenticated after any Record Date but on or before the next
follov, ing interest payment date, in which case it shall bear interest from such next following interest payment
date, provided, however, that if at the time of delivery of any substitute Bond the interest on the Bond for µhieh
it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which
such interest has been paid in full THE INITIAL SERIES 1998A BOND issued and delivered pursuant to
this Ordinance is not required to be, and shall not be, authcaticated by the Paying Agent/Registrar, but on each
substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued tinder
y~ this Ordmancu there shall be printed a certificate, in the form substantially as followr
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"PAYING AGENTIREGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance
described in this Bond: and that this Bond has been issued in conversion of and exchange for or replacement
of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney
General of the state of Texas and registered by the Comptroller of Public Accounts of the State of Texas,
CHASE BANK OF TEXAS, NATIONAL
ASSOCIATION, DALLAS, TEXAS
Paying Agent/Registrar
Dated By
Authorized Representative"
An authorized representative of the Paying AgentiRegistrar shall, before the delivery of any such Bond, date
and manually sign the above Certificate, and no such Bond shall be deemed to be issued or outstanding unless
such Certificate is so executod The Paying AgenVRegistrar promptly shall cancel all Bonds surrendered for
conversion and excha.ge or replacement, No additional ordinances, orders, or resolutions netJ be passed or
adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing
con ersion and exchange or replacement of any Bond or portion thereof, and the Paying Agentiftistrar shall
provide for the printing, execution, and delivery of -he substitute Bonds in the manner prescribed herein, and
said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of p
customary weight and strJrogth, Pursuant to Vernon's Ann, Tex. Civ. St, Art. 711k•6, and particularly Section
6 thereof, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon
the Paying Agent'Registrar, and, upon the execution of the above Paying Agent/Regis;rar's Authentication
Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the
same manner and with the same effect as the Initial Bond which originally was issued pursuant to this
Ordinance, approved by the Attomcy General, and registered by the Comptroller of Public Accounts, The
Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring,
comerting, and exchanging any Bond or any portion thereof, but the one requesting any such transfer,
comcrsion, and exchange shall pay any taxes or governmental charges roquired to be paid with respect thereto
as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying
Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Bonds or
any portion thereof (i) during the period commencing with the close of business on any Record Date and ending
with the opening of business on the next following principal or interest payment date, or, (it) with respect to
any Bond or portion thereofcallcd for redemption prior to maturity, within 45 days prior to its redemption date.
(e) In n r All Bonds issued in conversion and exchange or replacement of any other Bond or
portion thereof, (i) shall be issued in fully registered form, without inurest coupons, with the principal of and
interest on such Bonds lobe payable only to the registered owners thereof, (ii) may and shall be redeemed prior
to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for
l other Bonds, (v) shall have the characteristics, (v0 shall be signed and scalod, and (vii) the principal of and
interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM
OF SUBSTITUTE SERIES 1998A BOND set forth in this Ordiume,
(0 Pa),mcat of Fees and Charges, The Issuer hereby covenants wiO the registered owners of the
Bonds that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its
sera ices with respect to the payment of lie principal of and interest on the Bonds, when due, and (it) pay the
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fees and charges of the Paying Agent/Registrar for services with respect to the transfer ofregistration ofBonds,
and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordinance
(g) Substitute Paving AgeniMcgistrtr The Issuer covenants with the registered owners of the Bonds +
that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank
trust company, financial institution, or other agency to act as and perform the services of Paying
Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity.
The Issucr reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than
120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next
principal or interest payment date after such notice. In the event that the entity at any time acting as Paying
Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to
act as such, the Issuer eovenanu that promptly it will appoint a competent and legally qualified bank, trust
company, financial institution, or other agency to ad as Paying Agent/Registrar under this Ordinance , Upon
any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and
deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to r
the Bonds, to the new Paying Agermt/Registru designated and appointed by the Issuer. Upon any change in the
Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the now Paying
Agmt/Registrar to each registered owner of the Bonds, by United States mail, first-class postage prepaid,
which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and
performing as such, each Paying Agent/Registru shall be deeni d to have agreed to the provisions of this
Ordnance, and a certified copy of this Ordinance shall be delivered to each Paying Agrnt/Registrar
Section 7, FORM OF SUBSTITUTE BONDS, The fors of all Bonds issued in conversion and
exchange or replacement of any other Bond or portion thereof, including the form of Paying Agent/Registraes,
Certificate to be printed on each or such Bonds, and the Form of Assignment to be printed on each of the
Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions
as are permitted or required by this Ordinance.
FORM OF SUBSTITUTE SERIES 1998A BOND
NO _ UNITED STATES OF AMERICA PRINCIPAL AMOUNT
STATE OF TEXAS $
COUNTY OFDENTON
CITY OF DENTON UTILITY SYSTEM REVENUE
1 REFUNDING BOND
SERIES 1998A
INTEREST MATURITY ORIGINAL DATE
RATE DATE OF ISSUE CUSIPNO.
i
JULY 13, 1998 _
ON THE MATURITY DATE specified abuve the CITY OF DENTON, in rknton County, Texas
(the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to
or to the registered assignee 0 •
hereof (either being hereinafter called the "registered owner") the principal amount of
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and to pay interest thereon from July 13, 1998, to the maturity date specified above, or the date of redemption
prior to maturity, at the interest rate per annum specified above, with interest being payable on December I,
1998, and semiannually on each June I and December 1 thereafter, except that if the date of authentication of
this Bond is later than the first Record Date (hereinafter defined), such principal amount shall bear interest
from the interest payment date next preceding the date of authentication, unless such date of authentication is
after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which
case such principal amount shall bear interest from such next following interest payment date. Said interest
shall be calculated on the basis of a 360-day year composed of twelve 30-day months.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United
States of America, without exchange or collection charges. The principal of this Bond shall be paid to the
registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its
redemption prior to maturity, at the principal corporate trust office of CHASE BANK OF TEXAS,
NATIONAL ASSOC IATION, DALLAS, TEXAS, which is the "Paying Agent(Registrar" for this Bond The
payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof
on each interest payment date by check, dated as of such interest payment date, drawn by the Paying
Agcnt/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the
issuance of the Bonds (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such
purpose as hereinafter provided, and such check shall be sent by the Paying Agent/Registrar by United States
mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the
address of the registered owner, as it appeared at the close of business on the 13th day of the month next
preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Regisuar,
as hereinafter described However, the payment of such interest may be made by arq other method acceptable
to die Paying Agent/Registrar and requested by, and at the risk and expense of, the regislcred owner hereof
Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid
to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation
and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying
Agcnt/Registrar The Issuer covcnantq with the registered ouricrof this Bond that on or before each principal
payment date, interest payment date, and accrued interest payment date for this Bond it will make available
to the Paying AgenURegistrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the
amounts required to provide for the paymenl, in immediately available funds, of all principal of and interest
on the Bonds, u hen due
1F THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar
is located are authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are
audtorized to close, and payment on such date shall have the same force and effect as if made on the original
d Ie payment was due
1111S BOND is one cram issue of Bonds initially dated July (S, 1998, authorized in accordance with
the Constitution and laws of the State of Texas in the principal amount of $36,795,000, for the pumose of J
providing for refunding and prepaying certain obligations of the Issuer pursuant to a "Contract between the 1
• United States of America and the City of Denton, Texas, for water storage spaces in Aubrey and Lewisville
Lakes, Texas", funding a reserve fund and paying a portion of the cost of issuing the Bonds 0
ON DECEMBER I, 2008, or on any date whatsoever thereafter, the Bonds of this Series may be
redeemed prior to their schcdulcd maturities, at the option of the Issuer, with funds derived from any available
and lawful source. as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be
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redeemed shall be selected and designated by the Issuer (prodded that a portion of a Bond may be redocmW
only in an integral multiple of 55,000), at the redemption price of the par or principal amount thereof, plus f
accrued interest to the date fixed for redemption.
THE OUTSTANDING BONDS of this Series scheduled to mature on DECEMBER I, 2029 are
subject to mandatory redemption prior to their scheduled maturities, and shall be redeemed by the Issuer, in
part, prior to their scheduled maturities, with the particular Bonds or portions thereof to be redeemed to be
selected by the Paying Agent/Registrar at random, by lot or other customan method (prodded that a portion
of a Bond may be redeemed only in an integral multiple of $5,000), at a redemption price equal to the par or
principal amount thereof and accrued interest to the date of redemption, on the dates, and in the principal
amounts, respectively, as shown in the following schedule.
December I. 2029 Maturity
Mandatory Principal Mandatory Principal
Redemption Date Amounts )sdemotion Dales Amounts
December I. 2012 51,120,000 December I, 2021 $1,770,000
December I. 2013 1,175,000 December I, 2022 1,963,000
December I, 2014 1,233.000 December I, 2023 1,963,000
December I, 2015 1,300,000 December I, 2024 2,063,000
December I, 2016 1,370,000 December I, 2023 2,180,000
December 1, 2017 1.440,000 December I, 2026 2,293,000
December 1, 2018 1,515,000 December I, 2027 2,415,000
December 1, 2019 1,595,000 December I, 2028 2,545,(700
December I, 2020 1,680,000 December I, 2029 2,680,D00 (F+)mem al m,mnq)
The principal amount of the Bonds required to be redeemed on the Mandatory Redemption Dates pursuant to
the foregoing shall be reduced, at the option of the Issuer by the principal amount of any Bonds out of the
maturity scheduled for December 1, 2029 which, at least 45 days prior to the aforesaid appropriate redemption
date ( I ) shall hate been acquired by the Issuer at a price not exceeding the principal amount ofsuch Bonds plus
accrued interest to the date of purchase thereof, and delivered to the Paying Agent(Registrar for cancellation,
or (2) as shall have been redeemed pursuant to the optional redemption provisions hereof and not previously
credited to the Mandatory Sinking Fund redemption
AT LLAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof pnor to
maturity a written notice of such redemption shall be published once in a financial publication, journal, or
reporter of general circulation among securities dealers in The City of New York, New York (including, but
not limited to, The Bond Buyer and 'Ile wan Street Journal), or in the State of Texas (including, but trot
limited to. The Texas Bond Reporter) Such notice also shall be sent by the Paying Agent/Registrar by United
States marl, first-class postage prepaid, not less than 30 days prior to the date fixed for any such redemption,
to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such
redemption date. pro%idod, however, that the failure to send, mail, or roecive such notice, or any derecl therein
or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the
re&nipLOn of any Bond, and it is hereby specifically provided that the publication of such notice as required
• above shall be the only notice actually required in connection with or as a preroquisite to the redemption of any O •
Bonds or portions thereof By, the date fixed for any such redemption due provision shall be made Nish the
IV, Paying Agent/Registrar for the payment of the requirod redemption price for the Bonds or portions thereof 1
which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written
notice of redemption is published and if due provision for such payment is made, all as provided above, the
Bonds or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior
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to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall
not be regarded as being outstanding except for the right of the registered owmer to receive the nxicmption price
plus accrued interest from the Paying Agent/ Registrar out of the funds provided for such payment. If a portion
of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, hearing interest at
the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request
of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, µi11 be
issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as
provided in the Bond Ordinance
THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE
OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the
Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terns and conditions set forth
in the Bond Ordinance, Among other requirements for such assignment and transfer, this Bond must be
presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in
form and µith guarawc of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of
this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in
whose name or names this Bond or any such portion or portions hereof is or are to be transferred and
registered The form of Assignment printed or endorsed on this Bond shall be executed by the registered rnvner
or its duly authorized attorney or representative, to evidence the assignment hereof A new Bond cr Bonds
pay able to such assignee or assignees (which then will be the new registered owner or owners of such new Bond
or Bonds), or to the previous registered owner in the case of the assignment and transfer of only a portion of
this Bond, may be delivered by the Paying Agenu'Registrar in conversion of and exchange for this Bond, all
in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other p
Bonds The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making
such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required
to be paid with respect thereto The Paying Agcnt/Registrar shall not be required to make transfers of regis-
tration of this Bond or any portion hereof (i) during the period commencing with the close of business on any
Record Date and ending with the opening of business on the next following principal or interest payment date,
or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days
prior to its redemption date The registered eµncr of this Bond shall be deemed and treated by the Issuer and
the Paying Agcm/Registrar as the absolute owner hereof for all purposes, including payment and discharge of
kabil its upon this Bond to the extent of such payment, and the Issuer and the Paying Agcnt(Regislrar shall not
be affected by any notice to the contrary
ALL BONDS OF THIS SERIES are issuablc solely as fully registered bonds, without interest
coupons, in the denomination of any integral multiple of $5,000, As provided in the Bond Ordinance, this
Bond, or any, unredeemed portion hereof, may, at the request of the registered owner or the assignee or as.
0 signees hereof, be converted into and exchanged for a hie aggregate principal amount of fully registered bonds,
without interest coupons, payable to the appropriate registered owner, assignee, or assignors, as the case may
be, having the same matunt)' date, and bearing interest at the same rate, in any denomination or denominations
in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or
assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all
I in accordance with the form and procedures set forth in the Bond Ordinance, The issuer shall pay the Paying
0 Agent'Registrar's standard or customary fees and charges for transferring, converting, and exchanging any O
Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any tares
or govemmental charges required to be paid with respect thereto as a condition preccdent to the exercise of such
privilege of conversion and exchange. The Paying Agcnt/Registrar shall not be required to make any such
conversion and exchange (i) during the period commencing with the close of business on any Record Date and
ending with the opening of business on the next following principal or Ynterest payment date, or, (n) with
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respect to any Bond or portion thereof called for redemption prior to maturity, within AS days prior to its
redemption date.
IN THE EVENT any paying Agent/Registror for the Bonds is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Boad Ordinance that it promptly will appoint
it competent and legally qualiflec' substitute therefor, and promptly al cause written notice thereof to be
mailed to the registered owners of the Bonds,
IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized,
issued, sold, and delive, .d', that all acts, con htions, and things required or proper to be performed, exist, and
be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed,
E and been done in accordance with law; that this Bond is a special obligation of the Issuer, secured by and
payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include
initially the "Net Revenues of the System", as such terms are defirwd in the Bond Ordinance, with the System
consisting of the City's entire combined waterworks, sewer, and electric light and power system. f
THE ISSUER has reservod the right, subject to the restrictions stated in the Bond Ordinance, to issue
Additional Bonds payable from and secured by a first hen on and pledge of the "Pledged Revenues" on a parity
with this Bond and series of which it is s part,
713E ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance, to
amend the Bond Ordinance with the approval of the holders or owners of fifty-one percent in principal amount
of all outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged
Revenues
THE REGISTERED OWNER hcreorshali never have the right to demand payment of this Bond or
the interest hereon out of any funds raise) or to be raised by taxation or from any source whatsoever other than
specified in the Bond Ordinance
BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of
the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions,
ackrow ledges that the Bond Ordinance is duly n eeorded and available for inspection in the ofFieial minutes and
records of the govcming body of the issuer, and agrees that the terms aed provisions of this Bond and the Bond
Ordinance constitute a contract between each +agistered owner hereof aria the Issuer, '
IN W"ESS WHE REOF, the Issuer has caused this Bond to be signod with the manual or facsimile
t signature of the Slayor of the Issuer and countersigned with the manual or facsimile signature of the City
i Secretary of the Issuer, and has caused the official seal or the Issuer to be duly impressed, or placed in
facsimile, on this Bond
4
City Secretary, City of Denton, Texas Mayor, City of Denton, Texas
. (City SEAL)
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FORM OF PAYING AGFNTWGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENTIREGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance
described in this Bond, and that this Bond has been issued in conversion of and exchange for or replacement
of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney
General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
CHASE BANK OF TEXAS, NATIONAL
` ASSOCIATION, DALLAS, 7 EXAS
Paying Agent/Registrar
J;
Dated By_____
Authorized Representative
(BOND INSURANCE LEGEND, IF ANY)
FORM OF ASSIGNMENT:
ASSIGNMENT
t
FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized
representative or attorney thereof, hcrcby assigns this Bond to
! 1
(Assignee's Social (print r,; typmrite Assignee's name and
Security or Taxpayer addrc3s, including zip code)
Identification Number)
and hereby irrevocably constitutes and appoints
c
attorney to transfer the registration of this Bond on the Paying AgenUReyistru's Registration Books with full
j power of substilution in the premises.
Dated,
1 Signature Guaranteed
. NOTICE, Signature(s) must bo guaranteed by an Registered Owner
eligible guarantor institution participating in a NOTICE! This signature mist correspond with the I
securities transfer associationrecognized signature name of the Registered owner appearing on the
guarantee face of this Bond in every particular without
alteration or enlargement or any change
I
what+aever,
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Section 8. DEFIMITIONS As used in this Ordinance the following terms shall have the meanings
set forth below, unless the text hereof specifically indicates otherwise `
(a) The terns "City" and "Issuer" shall mean the city of Denton, in Denton County, Texas
(b) The term "City Council" or "Council" shall mean the governing body of the City.
(c) The term "Bonds" shall mean collectively the Initial Bond as defined and described in Section
2 of this Ordinance and all substitute bonds exchanged therefor, and all other substitute bonds and replacement
bonds, issued pursuant to and as provided in this Ordinance,
(d) The term "Parity Bonds" shall mean collectively (i) the outstanding City of Denton I Ito1q, System t
Revenue Bonds, Series 1988, authorized by ordinance passed on August 2, 1988 (the "Series 1988 Bonds"),
(ti) the outstanding City of Denton Utility System Rcvenue Bonds, Series 1989, authorized by ordinance passed
on Octobcr 24, 1989 (the "Series 1989 Bonds"), (iii) the outstanding City of Denton Utility System Revenue
Bonds, Series 1992, authonzed by ordinance passed on March 3, 1992 (the "Sencs 1992 Bonds"), (iv) the
outstanding City of Denton Utility System Rcvenue Bonds, Series 1993, authorized by ordinance passed or,
March 16, 1993 (the "Sencs 199) Bonds"), (v) the outstanding City of Denton Utility Systetn Revenue
Refunding Bonds, Series 1993•A, authorized by ordnance passed on June 8, 1993 (the "Sencs 1993-A Bond"),
(ti) the outstanding City of Denton Utility System Revenue Refunding Bonds, Taxable Series 1993-B,
authorized by ordinance passed on June 8, 1993 (the "Series 1993-B Bonds"), (vii) the outstanding City of
Denton Utility System Rcvenue Bonds, Series 1996, authorized by ordinance passed on May 7, 1996 (the
"Series 1996 Bonds"), (viii) the City of Dcnton Utility System Revenue Refunding Bonds, Series 1996A,
authorized by ordinance passed on May 7, 1996 (the "Sencs 1996A Bonds"), (ix) the City of Denton Utility
System Rcvenuc Bonds, Series 1998, authorizcd by ordinance passed on March 24, 1998 (the "Scrics 1998
Bonds'). and (x) the Bonds,
(c) The term "Additioral Bonds" shall mean the additional parity revenue bonds which the City
rescncs the right to issue in the, future, in accordance with Section 25 of this Ordinance
(f) The term "System" shall mean (1) the City's entire existing waterworks and sewer system and the
C ty's entire existing electric light and power system, together with all future extensions, improvements,
cnlargcn .ors, and additions thereto, and all replacements thereof, and (2) any other related facilities, all or any
part of the revenues or income from which do, in the future, at the option of the City, and in accordancewith
law. become "Pledged Revenues" as hereinafter defined, provided that, notwithstanding the foregoing,;. id to
the extent now or hereafter authorized or permuted by law, the term System shall not mean any water, sewer,
electric, or other facilities of any kind which are declared not to be a part of the System, and which are acquired
A or constructed by the City with the proceeds from the issuance of "Special Facilities Bonds", which are hereby
defined as being special rc%cnuc obligations of the City which are not payable from or secured by any Pledged
Revenues, but which arc secured by and payable from liens on and pledges of any other revenues, sources, or
payments, including, but not limited to, specht contract revenues or payments received from any other legal
entity in conric6on with such facilities, and sucb revenues, sources, or payments shall not be eoncidcred as
or constitute Gross Revenues of the System, unless and to the extent otherwise provided in the ordinance or
e ordinances authorizing the issuance of such "Special Facilities Bonds".
(A) The Wins "Gross Revenues of the Sys,em" and "Gross Revenues" shall mean all revenues and M 0 '
income of every nature derived or received by the City from the operation and ownership of the Systetn,
including the interest income from the invcstmont or deposit of money in any Fund created by this Ordinance
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(h) The terms "Net Revenues of the System", and "NM Revenues" shall mean all Gross Revenues after
deducting therefrom an amount equal to the current expenses of operation and maintenance of the System, in-
eluding all salaries, labor, materials, repairs, and extensions necessary to render efficient service, provided,
however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly
exercised by the adoption of app, opriato resolutions, are necessary to keep the System in operation and render
adequate service to said City and the inhabitants thereof, or such as might be necessary to meet some physical
accident or condition which would otherwise impair the Bonds or Additional Bonds, shall be deducted in
determining "Net Revenues", Payments roqui rod to be made by the City for water supply or water facilities,
sewer services or sewer facilities, fuel supply, and for the purchase of electric power, which payments under
law constitute operation and maintenance expenses of any part of the System, shall constitute and be regarded
as expenses of operation and maintenance of the System under this Ordinance. Depreciation and amortization
shall not constitute or be regarded as expenses of operation and maintenance of the System.
(i) The term "Pledged Revenues" shall mean
(1) the Net Revenues, plus
(2) any additional revenues, income, or other resources which arc expected to be available
to the City on a regular pcriodip basis, including. without limitation, any grants, donations, or income
received or to be received from the United States Govemment, or any other public or private source,
w hcthcr pursuant to an agreement or otherwise, which in the future may. at the option of the City, be
pledged to the payment of tie Parity Bonds or Additional Bonds
i
Q) The term ")car" or "fiscal year" shall mean the fiscal year used by the City in connection with the
operation of the System
(k) The term "Got errtmenl Obligations" shall mean direct obligations of the United States ofAmeriea, 1
including obligations the principal of and interest on which arc unconditionally guaranteed by the United States
of America, which may be United States Treasury obligations such as its State and Local Government Series,
and which may be in book-cmry form
(1) The term "Contract" means that "Contract between the United States of America and the City of
Denton, Texas, for Water Storage Spaces in Atbrey and Lewisville Lakes, Texas", dated August 15, 1980.
(m) the term "Refunded Obligations" means those obligations owed by the Issuer to the United States
of America pursuant to the Contract and to be refunded and prepaid with a portion of the proceeds of the
Bonds
• Section 9. PLEDGE (a) The Bonds are "Additional Bonds" as permitted by Sections 24 and 25 of
the ordinance passed on March 10, 1983, authorizing the City of Denton Refunding.flonds, Series 1983 (the
i
"5 :rtes 1983 Bonds"), and it is hcrcby determined, dec)arod, and resolved that all of the Parity Bonds (includng
the Bonds) are secured and payable equally and ratably on a parity, and that Sections 8 Wugh 28 of this
Ordinance arc supplemental to and cumulative of Suctions 7 through 27 of the aforesaid ordirmoe passed on
March 10, 1983, with Sections a through 28 of this Ordinance being applicable to all of the Parity Bonds,
~ O •
(b) The Parity Bonds and any Additional Bonds, and the interest thereon, including any interest
coupons appertaining thereto, are and shall be secured by and payable from a first lien m and pledge of the
Pledged Revenues, rrid the Pledged Revenues are further plodged to the establishment and maintenance of the
Funds created by this Ordinance, and any Funds created by any ordinance authorizing the issuance of any
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Additional Bonds, The Parity Bonds and any Additional Bonds are not and will not be secured by or payable
from a mortgage or deed of trust on any real, personal, or mixed properties constituting the System.
Section 10. SYSTEM FUND, There heretofore has been and is hereby created and there shall be
established and maintained on the books of the City, and accounted for separate and apart from all other funds 4
of the City, a special fund to be entitled the "City of Denton Utility System Fund" (the "System Fund'), All
Gross Revenues shall be credited to the System Fund immediately upon receipt, unless otherwise provided in
this Ordinance. All current expenses of operation and maintenance of the System shall be paid from such
Gross Revenues credited to the System Fund as a first charge against same Before making any deposits
hereinafter required to be made from the System Fund, the City shall retain in the System Fund at all times an
amount at (cast equal to one sixth of the amount budgeted for the then current fiscal year for the current
operation and maintenance expenses of tie System.
Section 11, INTERESTAND SINKING FUND, For the sole purpose ofpaying the principal of and
interest on all Parity Bonds t nu Additional Bonds, there heretofore has been and is hereby created and there
shall be established and maintained on the books of the City, and accounted for separate and apart from all
other funds of the City, a separate fund to be entitled the "City of Denton Utility System Revenue Bonds Inter-
est and Sinking Fund" (the "Interest and Sinking Fund")
Section 12, RESERVE FUND. There heretofor s iws been, and is hereby, created, and there shall be
established and maintained at Chase Bank of Texas, National Association, and hereafter, at the option of the
City, established and maintainxf at any time al any national bank having a capital and surplus in excess of
l125,000,000, a separate fund to be entitled the "City of Denton Utility System Bonds and Additional Bonds i
Rescue Fund" (the "Resenro Fund") The Reserve Fund shall be used to pay the principal of and interest on
anv Pant_v Bonds or Additional Bonds when and to the extent the amounts in the Interest and Sinking Fund
available for such payment are insufficient for such purpose, and maybe used for the purpose of finally retiring
the last of any Parity Bonds or Additional Bonds
Section 13 EXTENSION AND IMPROVEMENT FUND, There heretofore has been and is hereby
created and there shall be established and maintained on the books of the City, and accounted for separate and
apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System
Extension and Improvcmcnl Fund" (the "Extension and Improvement Fund") The Extension and Improvement
Fund shall be used for the purpose of paying the costs of improvements, enlargements, extensions, additions,
replacements, or other capital expenditures related to the System, or for paying the costs of unexpected or
extraordinary repairs or replacements ofthe System for which System funds are not available, or for paying
unexpected or extraordinary expenses of operation and maintenance of the System for which System funds are
not otherwise available, or for any other lawful purpose
Section 14 EMERGENCY FUND, There is hereby created and there shall be established and
maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a
separate fund to be entitled the "City of Denton Utility System Emergency Fund" (the "Emergency Fund")
The Emergency Fund shall be used for the purpose of paying unexpected or extraordinary expenses of repair,
replacement, operation, and maintenance of the System for which neither System funds nor the moneys in the
Extension and Improvement Fund are available There was depositod in the Emergency Fund simultaneously
with the delivery of the Series 1983 Bonds to the initial purchasers thereof from lawfully available funds of O
the City the amount of 5250,000, All investment interest income from the Emergency Fund shall be transferred
to the System Fund as received
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Section 15. DEPOSITS OF PLEDGED REVENUES Pledged Revenues shall be credited to or
deposited in the Interest and Sinking Fund, the Reserve Fund, the Extension and Improvement Fund, and other
funds when and as required by this Ordinance and any ordinance authorizing the issuance of Additional Bonds
Section 16 INVESTMENTS Money in any Fund established pursuant to this Ordinance or any
ordinance authorizing the issuance of Additional Bonds, may, at the option of the City, be placed in time
deposits or certificates of deposit secured by obligations of the type hereinafter described, or be unested in
Government Obligations (as dcftned in Section 8 hereof) or obligations guaranteed or insured by the United
States of America, which, in the opinion of the Attorney General of the United States, are backed by its full
faith and credit or represent its general obligations, or invested in obligations of instrumentalities of the United
S#ates of America, including, but not limited to, evidences of indebtedness issued, insured, or guaranteed by
such govCmmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for
Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Umled States Postal
Service, Farmers Hume Administration, Federal Home Loan Mortgage Association, Small Business
Administration, Federal Housing Association, or Participation Certificates in the Federal Assets Financing
Trust, provided that all such deposits and investments shall be made in such manner as will, in the opinion of
the City, permit the money required to be expended from any Fund to be available at the proper time or times
as expected to be needed Such investments (except United States Treasury Obligations-State and Local
Governrcnt Series investments held in book entry form, which shall at all times be valued at cost) shall be
valued in terms of current market value as of the last day of each fiscal year, Unless otherwise set forth herein,
all interest and income derived from such deposits and investments immediately shall be credited to, and any
losses debited to, the Fund from which the deposit or investment was made, and surpluses in any Fund shall
or may be disposed of as hereinafter provided. Such investments shall be sold promptly when necessary to I
prevent any defaili in connection with the Parity Bonds or Additional Bonds consistent with dte ordinances,
respectively, autliorizing their issuance
Section 17 FUNDS SECURED, That money in all Funds created by this Ordinance, to the extent
not invested, shall be secured in the manner prescribed by law.
;
Section 18 PRIORITY OF DEPOSITS AND PAYMENTS FROM SYSTEM FUND. ThaitheCity
shall make the deposits and payments from Pledged Revenues in the System fund when and as required by this
Ordinance and any ordinance authorizing any Additional Bonds, and such deposits shall be made in the
following manner and with the following irrevocable priontics, respectively:
First, to the Interest and Sinking Fund, when and in the amounts requlrcd by this Ordmance
and any ordinance authonziug any Additional Bonds;
3 Second, to the Reserve Fund, when and in the amounts required by this Ordinance and any
ordinance authorizing any Additional Bonds; and
Third, to the Extension and Improvement Fund, when and as required by Section 21 of this
Ordinance
Section 19. INTEREST AND SINKING FUND REQUIREMENTS, The City shall cause to be ,
deposited to the credit of the Interest and Sinking Fund the accrued Interest and any prernium received from O
the sale of the Initial Bond, and on or before the 25th day of each month, the City shall cause to be deposited
to the credit of the Interest and Sinking Fund, in approximately equal monthly payments, amounts sufficient
together with any other funds on hand therein, to pay all of the interest or principal and interest coming due,
including the principal amount of any Parity Bonds required to be redeemed prior to maturity pursuant to any
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mandatory redemption requirements, on the Parity Bonds and any Additional Bonds on the next succeeding
interest payment date. Any moneys so deposited in the Interest and Sinking Fund with respect to a mandatory
redemption requirement, together with other lawfully available funds of the City, maybe used by the City, to
purchase, in advance of a mandatory redemption date and at a price not exceeding the principal amount thereof
plus accrued interest thereon to the date of purchase, Parity Bonds which would be subject to being chosen for
mandatory redemption on such mandatoy redemption data The Paying Agent shall cancel any Parity Bonds
so purchasA
Section 20 RESERVE FUND REQUIREMENTS There is now on hand in the Reserve Fund an
amount of money and Uovcmmcnt Obligations which is in excess of $3,000,000 and which is at least equal
to the average annual principal and interest requirements of the outstanding Series 1988 Bonds, the Sexes 1989
Bonds, the Series 1992 Bonds, the Series 1993 Bonds, the Series 1993•A Bonds, the Taxable Series 1993.8
Bonds, the Series 1996 Bonds, the Series 1996A Bonds and the Series 1998 Bonds (the current "Required
Rescue Amount") . Following the issuance and delivery of the Initial Bonds the Required Reserve Amount
shall become and be an amount of money and investments equal to the average annual principal and interest
requirements of all the outstanding Parity Bonds and Additional Bonds, provided further, however, that the
Required Rescue Amount shall never be loss than $3,000,000 if the maximum annual principal and interest
requirements on all outstanding Panty Bonds and Additional Bonds exceeds 53,000,000, Immediately after
the issuance and delivery of the Initial Bonds there shall be deposited to the credit of the Rescrve Fund, from
the proceeds of the sale of the Initial Series 1998A Bond, money sufficient to cause the Reserve Fund io contain
an aggregate amount of moncy and investments equal to the Required Reserve Amount for all then outstanding
Parity Bonds After the delivery of any future Additional Bonds the City shall cause the Reserve Fund to be
increased, if and to the extent necessay, so that such Fund will contain an amount of money and investments
equal to the Required Rescue Amount Any increase in the Required Reserve Amount maybe funded from
Pledged Revenues, or from proceeds from the sale of any Additional Bonds, or any other available source or
combination of sources All or any part of the Required Reserve Amount not funded initially and immediately
after the ±cli%cr) of any installment or issue of Additional Bonds shall be funded, within not more than five
)cars from the date of such delivery, by deposits of Pledged Revenues in approximately equal monthly
instal lmentsonorbcforcthe25thdapofeach month Principal amounts oftheParity Bonds and any Addition-
al Bonds which must be redeemed pursuant to any applicable mandatory redemption requirements shall be
deemed to be maturing amounts of principal for the purpose ofcalcvlating principal and interest requirements
on such bonds When and so lung as the amount in the Rcscne Fund is not less than the Required Reserve
Amount no deposits shall be made to the credit of the Rcscrve Fund, but when and if the Rcscne Fund at any
time contains less than the Required Resene Amount, then the City shall transfer from Pledged Revenues in
the Systcm Fund, and deposit to the credit of the Resene Fund, monthly on or before the 25th day of each
« month, a swn equal to 1/60ih of the Required Rcscne Amount, until the Rcscrve Fund is restored to the
Required Rescue Amount The City specifically covenants that when and so long as the Reserve Fund
A ontams the Required Rcscne Amount, the City shall cause all amounts in excess of the Required Reserve
Amount to be deposited to the credit of the interest and Sinking Fund.
Section 21 EXTENSION AND IMPROVEMENT FUND REQUIREMENTS. Duringeach ),car,
subject and subordinate to making the required deposits tothe creditof the Interest and Sinking Fund and the
f Rcscne Fund, the City shat be required to deposit to the credit of the Extension and Improvement Fund, from
Pledged Revenues in the Systcm Fund, an amount equal to 8% of the "Adjusted Gross Revenues of the
S)stcm", which term is hereby defined to mean the following
f the Gross Rever" es of the Systcm for such year after deducting from such Gross Revenues
an amount equal to the current expenses of operation and maintenance of the System for such
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year which are directly, attributable to (i) all fuel costs related to the production of electric 1
energy by the City and/or (ii) the purchase of electric energy by the City.
Additional excess Pledged Revenues may, at the option of the City Council, be deposited to the credit of the
Improvement Fund as permitted by Section 22 (b) hereof, but no such additional deposit is required, All
investment interest income from the Extension and Improvement Furl shall be retained in and remain a part
of such Fund,
Section 22 DEFICIENCIES, EXCESS PLEDGED REVENUES. (a) If on any occasion there shall
'
not be sufficient Pledged Revenues to make the required depo<its into the Interest and Stnkutg Fund or the
Reserve Fund, such deficiency shall be made up as soon as possible from the next available Pledged Revenues,
(b) Subject to making the required deposits to the credit of the vanous Funds when and as required
by this Ordinance or any ordinance authorizing the issuance of Additional Bonds, any surplus Pledged
Resenues may be used by the City for any lm%ful purpose
Section 23. PAYMENT OF PARITY BONDS AND ADDITIONAL BONDS On or before
December 1, 1996, and semiannually on or before each June I and December I thereafter Hhile any of the
Parity Bonds or Additional Bonds are outstanding and unpaid the City shall make available to the Paying
Agents therefor, out efthe Interest acrd Sinking Fund, or if necessary, out of the Rescrve Fund, money sufficient
to pay, on each of such dates, the principal of and interest on the Parity Bonds and Additional Bonds as the
same matures and comes duc, or to redeem the Parity Bonds or Additional Bonds prior to maturity, either upon
mandatory redemption or at the option of the City. At the direction of the City the Paying AgcnU shall either
del fiver paid Parity Bonds and Additional Bonds, and any interest coupons appertaining thereto, to the City or
destroy all paid Parity Bonds and Additional Bonds, and any coupons appertaining thereto, and furnish the City
Kith an appropriate certificate of cancellation or destruction
Section 24, FINAL DEPOSITS, (a) Any Parity Bond or Additional Bond shall be deemed to be paid,
retired, and no longer outstanding vithin the meaning of this Ordinance when payment of the principal of,
redemption premium, if any, on such Parity Bond or Additional Bond, plus interest thereon to the due date
thereof(svhcther such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have
been made or caused to be made in accordance with the terms thereof (including the giving of any required
notice of redemption or provision for the proper giving of such notice having been made), or (ii) shall have been
provided by irrevocably depositing with or making available to a Paying Agent therefor, in trust and
irrevocably set aside exclusively for such payment, (1) money sufficient to make such payment or (2)
Government Obligations which mature as to principal and interest in such amounts and at such times as will
insure the availability, without reinvestment, of sufficient money to make such payment, and all necessary and
proper fees, compensation, and expenses of such Paying Agent pertaining to the Panty Bonds and Additional
Bonds with respect to which such deposit is made shall have been paid or the payment thereof provided for to
the satisfaction of such paying agent At such time as & Bond or Additional Bond shall be deemed to be paid
hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefits of this Ordinance or a lien
on and pledge of the Pledged Revenues, and shall be entitled to payment solely from such money or Govern.
mcnt Obligations
(b) Any moneys so deposited with a paying agent may at the direction of the City also be invested in Q •
Goo eminent Obligations, maturing in the amounts and times as hereinbcfore Set fortf, and all income from all
Gov crnmcnt Obligations in the hands of the paying agent pursuant to this Section wh ich Is not required for the
payment of the Parity Bonds and Additional Bonds, the redemption premium, if any, ani interest thereon, with
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respect to vw:+ich such money, has been so deposited, shall be turned over to the City or deposited as directed
by the City.
Section :.5. ADDITIONAL BONDS, (a) The City shall have the right and power at any time and
from time to time, and in one or more series or issues, to authorize, issue, and deliver additional parity revenue
bonds (herein called "Additional Bonds"), in accordance w rth law, in any amounts, for any lawful purpose,
including the refunding of any Parity Bonds or Additional Bonds, or other obligations. Such Additional Bonds,
if and when authorized, issued, and delivered in accordance with this Ordinance, shall be payable from and
secured by an irrevocable first lien on and pledge of the Pledged Revenues, equally and ratably on is parity in
all respects with the Parity Bonds and any other outstanding Additional Bonds,
(b) The principal of all Additional Bonds must be schedulef to be paid or mature on December 1 of
the years in which such principal is scheduled to be paid c, mature.
Section 26, FURTHER REQUIREMENTS FOR ADDITIONAL BONDS, Additional Bonds shall
be issued only in accordance with this Ordinance, and no installment, Series, or issue of Additional Bonds shall
be issued or delivered unless.
(a) The dfayor of the City and the City Secretary sign a written certificate to the effect that the City
is not in default as to any covenant, condition, or obligation in connection with all then outstanding Parity
Bonds and Additional Bonds, and the ordinances authorizing same, and that the Interest and Sinking Fund and
the Reserve Fund each contains the amount then required to be therein.
(b) An independent certified public accountant, or independent firm of certified public accountants,
acting by and through a certified public accountant, signs a written certificate to the effect that, in his or its
opinion, during either the neat preceding fiscal year, or any' twelve consecutive calendar month period out of
the I g•month period immediately preceding the month in which the ordinance authorizing the issuance of the
then proposed Additional Bonds is passed, the Pledged Revenues were at ]cast (i►123 times an amount equal
to the average annual principal and interest requirements, and (ii) 1 10 times an amount equal to the principal
and interest requirements during the fiscal year during which such requirements arc scheduled to be the
greatest, of all Parity Bonds and Additional Bonds which am scheduled to be outstanding aftw the delivery of
the then proposed Additional Bonds It is specifically provided, however, that in calculating the amount of
Pledged Rcvcnucs for the purposes ofthis subsection (b), if there has been any increase in the rates or charges
for services of the System which is then in effect, but which was not in effect during all or any part of the entire
period for which the Pledged Rcvcnucs are being calculated (hereinafter referred ti, as the "entire period") then
the ecrti ficel public accountant, or in lieu of the certifiod public accountant a firm of eansulting enginoers, shall
determine and certify the amount of Pledged Rcvcnucs as being the total of (1) the actual Pledged Revenues for
the entire period, plus (i) a sum equal to the aggregate amount by which the actual billings to customers of the
Sy stem during the entire period would have been increased if such increased rates or charges had been in effect
during the entire period
(c) Pros isionshall be made in the ordinance authorizing their issuarcefor increasing the Reserve Fund
to the Required Reserve Amount as required by Section 20 hereof,
(d) All calculations of average annual principal and interest requirements of any bonds made in a /
connection with the issuan.: of any then proposed Additional Bonds shall be made as of the date of such
Additional Bonds, and also in making calculations for such purpose, and for any other purpose under this
i
Ordinance, principal amounts of any bonds which must be redeemed prior to maturity pursuant to any
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applicable mandatory redemption requirements shall be deemed to be maturing amounts of principal of such
bonds,
Section 27. GENERAL COVENANTS. The City further covenants and agrees that in accordance ,
with and to the extent required or permitted by law
(a) Performance It will faithfully perform at all times any and all covenants, undertakings,
stipulations, and provisions contained in this Ordinance, and each ordinance authorizing the issuance of
Additional Bonds, and in each and every Parity Bond and Additional Bond, that it will promptly pay or cause
to be paid the principal of and interest on every Parity Bond and Additional Bond, on the dates and in the places
and manner prescribed in such ordinances and Parity Bonds or Additional Bonds; and that it will, at the times
and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the
Interest and Sinking Fund and the Reserve Fund, and any holder ofthe Panty Bonds or Additional Bonds may
require the City, its officials, and employees, to carry out, respect, or enforce the covenants and obligations of
this Ordinance, or any ordinance authorizing the issuance of Additional Bonds, by all legal and equitable
mcam, including specifically, but without linutation, the use and filing of mandamus proceedings, in any court
of competent jurisdiction, against the City, its officials, and employees.
(b) Cm's Legal Authority The City is a duly created and existing home rule city of the State of
Texas, and is duly authorized under the laws of the State of Texas to create and issue the Parity Bonds and
Additional Bonds, that all action on its part for the creation and issuance of the said obligations has been or
will be duly and effectively taken, and that said obligations in the hands of the holden and owners thereof arc
and Hill be valid and enforceable special obligations of the City in accordance with their terms,
(c) JIUS The City has or skill obta'n lawful title to the lands, buildings, structures, and facilities
constituting the Systcm, that it warrants that it will defend the title to all the aforesaid lands, buildings,
structures, and families, and every part therccf, for the benefit of the holders and owners of the Parity Bonds
and Additional Bonds, against the claims and demands of all persons s%homsoevet, that it is lawfully qualified
to pledge the Pledged Revcnucs to the payment of the Parity Bonds and Additional Bonds in the manner
prescribed herein, and has lawfully exercised such rights.
(d) L~KM The City will from time to time and before the same become delinquent pay and discharge
all tares, a ~,scssmcnts, and govemmcntal charges, if any, which shall be lawfully imposed upon it, or the
System, that it will pay all lawful claims for rents, royalties, labor, materials, and supplies which if unpaid
might by law become a li m or charge thereon, the lien of which would be prior to or interfere with the liens
hcrcof, so shat the priority of the liens granted hereunder shall be fully prewrkcd in the manner provided herein,
and that it will not create or suffer to be created any mechanic's, laborer's, materialman's, or other lien or
0 charge which might or could be prior to the liens hcrcof, or do or suffer any matter or thing whereby the liens
hereof might or could be impaired; provided, however, that no such tax, assessment, or charge, and that no such
claims which might be used as the basis of a mechanic's, laborer's, materialman's, or other lien or chargr, shall
be required to be paid so long as the validity of the same shall be contested in good faith by the City.
(c) Oucration of Systcm. No free Scn,ice, V%lc the Parity Bonds or any Additional Bonds are
. outstanding and unpaid the City shall continuously and efficiently operate the System, and shall maintain the
Systcm in good condition, repair, and working order, all at reasonable cost. No free set is a of the System shall 0 •
bx al lowed, and should the City or any of its agencies, instrumentalities, lessors, or urs"lostaires make use
of the scnices and facilities of the System, payment monthly of the standard reail price of the services
provided shall be made by the City or any of its agencies, instrumentalities, lessors, or concessionaires out of
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funds from sources other than the revenues of the System, unless made from surplus Pledged Revenues as
permitted by Section 22(b) hereof,
(f) Further Encumbrance. While the Parity Bonds or any Additional Bonds are outstanding and
unpaid, the City shall not additionally encumber the Pledged Revenues in any manner, except as permitted in
this Ordinance in connection with Additional Bonds, unless said encumbrance is made junior and subordinate
in all respects to the liens, pledges, covenants, and agreements of this Ordinance and any ordinance authorizing
the issuance of Additional Bonds; but the right of the City to issue revenue bonds payable from a subordinate
lien on surplus Pledged Revenues is specifically recognized and retained, as permitted under Section 22(b)
hereof)
(g) Sale or Disposal of Proocrtv. While the Parity bonds or any Additional Bonds are outstanding
and unpaid, the City shall not sell, convey, mortgage, encumber, (case, or in any manner transfer title to, or
dedicate to other use, or cthentise dispose of, the System, or any significant or substantial part thereof;
provided that whenever the City deems it necessary to dispose of any property, machinery, fixtures, or
equipment, or dedicate such property to other use, it may do to either when it has made arrangements to replace
the same or provide substitutes therefor, or it is determined by resolution of the City Council that no such
replacement or substitute is necessary.
(h) Insurance (l) The City shall cause to be insured such parts of the System as would usually be
insured by corporations operating like properties, with a responsible insurance company or companies, against
risks, accidrnts, or casualties against which and to the extent insurance is usually tarried by corporations
operating lice properties, including, to the extent reasonably obtainable, fire and extended coverage insurance,
insurance against damage by floods, and use and occupancy insurance. Public liability and property damage
insurance also shall be carried unless the City Attorney gives a written opinion to the effect that the City is not
liable for claims which would be protected by such insurance, All insurance premiums shall be paid as an
expense of operation of the System At any time while any contractor engaged in construction work shall be
fully responsible therefor, the City shall not be required to carry insurance on the work being constructed if the
contractor is required to carry appropriate insurance All su.h policies shall be open to the inspection of the
Bondholders and their rcl resentatives at all reasonable times. Upon the happening of any loss or damage
covered by insurance from one or more of said causes, the City shall make due proof of loss and shall do all
things necessary or desirable to cause the insuring companies to make payment in full directly to the City The
proceeds of insurance covering such property, together vviQt any other funds necessary and available for such
purpose, shall be usel forthwith by the City for repairing the property damaged or replacing the property
destroyed, provided, hovrcvcr, that if said insurance proceeds and other funds are insufficient for such purpose,
then said insurance proceeds pe,taining to the System shall be deposited in a special and separate trust fund,
at anofficial depositoryof the Cite, to be designated the Insurance Account The Insurance Account shall be
A held until such time as other funds become available which, together µitii the Insurance Account, will be
sufficiunt to make the repairs or replacements or ginally required,
(2) T'he annual audit hcrcinaflcr required may contain a section commcntingon whether or not the City
has complied with the requirements of this Section with respect to the maintenance of insurance, and shall state
whether or not all insurance premiums upon the insurance policies to which reference is made have been paid,
(i) Annual Budget and Rate Covenant The City shall prepare, prior to the beginning of each fiscal O
)car, an annual budget, in accordance ssith law, reflecting an estimate of cash receipts and disbursements for
the ensuing fiscal year m sufficient detail to indicate the probable Gross Revenues and Pledged Revenues for
such fiscal year. The City shall fix, establish, maintain, and collect, ouch rates, charges, and foes for the use
and availability of the S)stcm at all times as are necessary (1) to produce Gross Revenues sufficient, together
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with any other Pledged Revenues, to pay all current operation and maintenance expenses of the System, and
(2) to produce an amount of Pledged Revenues during each fiscal year at least equal to the greater of 1,23 times
the average annual principal and interest requirements of all then outstanding Parity Bonds and Additional
Bonds or 123 times the succeeding fiscal year's principal and interest requiren,ents of all then outstanding
Parity Bonds and Additional Bonds,
Q) Records. The City shall keep proper books of record and account in which full, true, proper, and
correct entries will be made of all dealings, activities, and transactions relating to the System, the Pledged
Revenues, and the Funds created pursuant to this Ordinance, and all books, documents, and vouchers relating
thereto shall at all reasonable times be made available for inspection upon request of any Bondholder or citizen
of the City. To the extent consistent with the provisions of this Ordinance, the City shall keep its books and
records in a manner conforming to standard accounting practices as usually would be followed by private
corporations owning and operating a similar System, with appropriate recognition being given to essential
differences bctwecn municipal and corporate accounting practices.
(k) Audits. After the close of each fiscal year white any of the Panty Bonds or any Additional Bonds
are outstanding, an audit will be made of the books and accounts relating to the System and the Pledged
Revenues by an independent certified public accountant or an independent firm of certified public accountants
As soon as practicable after the close of each such year, and when said audit has been completed and made
available to the City, a copy of such audit for the preceding year shall be mailed to the Municipal Advisory
Council of TeKas, to each paying agent for any bonds payable from Pledgod Revenues, andto any Bondholders
who shall so request in writing The annual audit reports shall be open to the inspoction of the Bondholders
and their agents and representatives at all reasonable times
(1) Go}crnmental A¢encics. It will comply with all of the terms and conditions of any and all
franchtr,cs, pcrm,ts, and authorizations applicable to or necessary with respect to the System, and which have
been obtained from a a5 governmental agency; and the City has or will obtain and keep in full force and effect
all franchises, permits, authorization, and other requirements applicable to or necessary with respect to the
acquisition, construction, equipment, operation, and maintenance of the System.
(m) No Com ition It will not operate, or grant any franchise or, to the extent it legally may, permit
the acquisition, construction, or operation of, any facilities which would be in competition with the System, and
to the extent that it legally may, the City will prohibit any such competing facilities.
(n) No Arbitraec The City covenants to and with the purchasers of the Panty Bonds and any
Additional Donds that no use will be made of the proceeds ofany ofsuch bonds at any time throughout the term
of any of such bunds which, if such use had been reasonably expected on the date of delivery of any of such
bonds to and payment therefor by the purchasers, would have caused any of such bonds to be arbitrage bonds
withm the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), or any
regulations or rulings pertaining thereto; and by this covenant the City is obligated to comply with the
requirements of the aforesaid Code and all applicable and pertinent Department of the Treasury regulations
relating to arbitrage bonds The City further covenants that the proceeds of all such bonds will not otherwise
be used directly or indirectly so as to cause all or any part of such bonds to be or become arbitrage bonds
• w itlun the nicaning of the aforesaid Code, or any regulations pertaining thereto
Section 28 AMENDMENT OF ORDINANCE, (a) The holders or owners of Parity Bonds and O
Additional Bonds aggregating in principal amount 31% of the aggregate principal amount ofthen outstanding
Pardo Bonds and Additional Bonds shall have the right from time to time to approve any amendment to this
Ordnance which may be deemed necessary or desirable by the City, provided, however, that nothing herein
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contained shall permit or be construed to permit the amendment of the terms and conditions in this Ordinance
or in the Parity Bonds or Additional Bonds so as to
(1) Make any change in the maturity of the outtanding Parity Boos or Additional Bonds;
(2) Reduce the rat: of interest borne by any ofth,. outstanding Parity Bonds or Additional Bonds;
(3) Reduce the amount of the principal payabl: on the outstanding Parity Bonds or Additional E
Bonds;
(4) Modify, the terms of payment of principal of or interest on the outstanding Parity Bonds or
Additional Bonds, or impose any conditions with respect to such payment;
(S) Affect the rights of the holden or owners of less than all of the Parity Bonds and Additioral
Bonds then outstanding;
(6) Change the minimum percentage of the principal anwuni of Parity Bonds and Additional
Bonds necessary for consent to such amendment
• F
(b) If at any time the City shall desire to amend the Ordinance under this Section, the City shall cause
notice of the proposed amendment to be published in a financial publication of general circulation in The City
of New York, New York, once during each calendar week for at least two successive calendar weeks Such
notice shall briery set forth the nature of the proposed amendment and shall state that a copy thereof is on file
at the principal office `the Paying Agents for inspection by all holder or owner of Parity Bonds and Addi-
tional Bonds Such publication is not required, however, if notice in writing is given to each holder or owner
of Parity Bonds and Additional Bonds
(c) Whenever at any time not less than thirty days, and within one year, from the date of the first
publication of said notice or other service of written notice the City shall receive an instrument or instruments
executed by the holders or owners of at least Sl%, in aggregate principal amount of all Parity Bonds and
Additional Bonds then outstanding, which instrument or instruments shall refer to the proposed amendment
described in said notice and which specifically consent to and approve such amendment in substantially the
form of the c(,py thereof on file with the Paying Agents, the City Council may pass the amendatory ordinance
in substantially the same form
(d) hpon the passage of any amendatory ordinance pursuant to the provisions of this Section, this
Ordinance shall be deemed to be amended in accordance with such amendatory ordinance, and the respective
rights, duties, and obligations under this Ordinance of the City, and all the holders or owners of then out-
standtng Panty Bonds and Additional Bonds and all future Parity Bonds and Additional Bonds shall thcteafter
be determined, exercised, and enforced hereunder, subject in all respects to such amendments.
(c) Any consent given by the holder or owner of L Parity Bond or Additional Bond pursuant to the
provisons of this Section shall be irre roeable for a period of six months from the date of the first publication
of the notice provided for in this Section, and shall be conclusive and binding upon all future holder or owners
of the same Parity Bond or Additional Bond during such purod. Such omsent may be revoked at any time O
after six months from the date of the first publication of such q~ uce by thr holder or owner who gave such
consent, or by a successor in title, by filing notice thereof with the paying af,ents end the City, but such revoca-
tion shall not be effect, a if she holders or owners of 51% in aggregate principal amount ofthe then outstanding
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Parity Bonds and Additional Bonds as in this Section defined have, prior to the attempted revocation, consented
to, and approved the amendment.
(1) For the purpose of this Section, the fact of the holding of Parity Bonds or Additional Bonds which
are in bearer, coupon form, by any bondholder and the amount and numbers of such bearer Parity Bonds or
Additional Bonds and the date of their holding same, may be proved by the affidavit of the person claiming to
be such holder or owner, or by a certificate executed by any trust company, bank, banker, or any other
depository wherever situated showing that at the date+ferein mentioned such person had on deposit with such
trust company, bank, banker, or other depository, tF: Parity Bonds and Additional Bonds described in such
certificate. The City may conclusively assume that such ownership continues until written notice to the
contrary is served upon the City. The ownership of all n gistr.red Parity Bonds and Additional Bonds shall be
determined from the registration books kept by the registrar therefor.
Section 29. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a)
Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the
Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal
amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement
for such Bond in the manner hereinafter provided
(b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost,
stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In
;very case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall
furnish to the Issuer and to the Paying Agcnt/Registrar such security or indemnity as may be required by them
to save each of them harmless from any loss or damage with respect thereto. Also, in everycase of loss, theft,
or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar
evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case maybe, In everycase
of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for
cancellation the bond so damaged or mutilated
(c) No Default Occurred Notwithstanding the foregoing provisions of this Section, in the event any
such Bond shall have matured, and no default has occurred which is then continuing in the payment of the
principal or, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the
same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a
replacement Bond, provided security or indemnity is furnished as above provided in this Section.
1
(d) Charge for Issuing Replacement Bonds. Prior to the issuance ofany replacement bond, the Paying
Ageno'Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in
A connection therewith, Every replacement bond issued pursuant to the provisions of this Section by virtue of
the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether
or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be
entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly
issued under this Ordinance
. (c) Authority for Issuing Rcpim-mcnt Bands In accordance with Section 6 of Yemon's Ann. Tex.
Civ, St Art 717k•6, this Section of this Ordinance shall constitute authority for the issuance cf any such O
replacement bond without necessity of further action by the governing body of the Issuer or any other body or
person, and the duq of the replacement of such bonds is hereby authorized and imposed upon the Paying
Agcnt/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and
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manner and with the effect, as provided in Section 6(d) of this Ordinance for Bonds issued in conversion and
exchange for other Bonds.
Section 30. COVENANTS REGARDING TAX-EXEMPTION. TIV Issuer covenants to refrain from
any action which would adversely affect, and to take such action to ensure, the treatment of the Bonds as
obligations described in section 103 of the Code, the interest on which is not includable in the "gross income"
of the holder for purposes of frtn A income taxation. In furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds
(less amounts deposited to a reserve fund, if any) are used for any "private business use", as defrnad
in section 141(bx6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts,
whether or not received by the Issuer, with respect to such private business use, do not, under the terms
of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the
payrnent of more than 10 percent of the debt service on the Bonds, ut contravention of section
141(b)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use described
in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds (less amounts deposited into
a reserve fund, if any) then the amount in excess of 3 percent is used for a "private business use" which
is "related" and not "disproportionate", within the meaning of section 141(6x3) of the Code, to the
governmental use,
(c) to take any acG^i to assure that no amount which is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if
any) is directly or indirectly used to futance loans to persons, other than state or local governmental
units, in contravention of section 141(c) of the Code;
(d) to refrain from taking any action which would otherwise result in the Bonds being
treated as "private activity bonds" within the meaning of section 141(b) of the Code;
(e) to refrain from taking any action that would result in the Bonds being "federally
guarantocd" within the meaning of section 149(b) of the Code;
(f) to refrain from using any p ition of the proceeds of the Bonds, directly or indirectly,
to acquire or to replace funds which were used, directly or indirectly, to a,~quire investment property
(as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term
of the Bonds, other than imestment property acquired with
•
(1) procr-As of the Bonds invested for a reasonable temporary period of 3 years
or less until such proceeds are needed for the purpose for which the Bonds are issued,
(2) amounts invested in a bona fide debt service fund, within the meaning of
section I t48.1(b) of the Treasury Regulations, arW
(3) amounts deposited in any reasonably required reserve or replacement fund
to the extent such amounts do not exceed 10 percent of the stated principal amount (or, in the
case of a discount, the issue price) of the Certificates;
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(g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as
proceeds of the Brands, as may be necessary, so that the Bonds do not otherwise contravene the
requirements of section 148 of the Code (relating to arbitrage), Section 149(8) of the Code (relating
to hedge bonds), and, to the extent applicable, section 149(d) of the Code (relating to advance
refundmgs); and
(h) to pay to the United States of America at least once during each five-year period
(beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the
"Excess Earnings", within the meaning of section 148(1) of the Code and to pay to the United States
of America, not later that 60 days after the Bonds have been paid in full, 100 percent of the amount
then required to be paid as a result of Excess Earnings under section 148(0 of the Code.
For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds" includes
"disposition proceeds" as defined in the Treasury Rcgulations and, in the case of refunding bonds, transferred
proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It
is the understanding of the Issuer that the covenants contained herein are inwrrded to assure compliance with
the Code and any regulations or rulings promulgated by the U S. Department of the Treasury pursuant thereto.
In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the
Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein
to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not
adverscly affect the exemption from federal income taxation of interest on the Bonds under section 103 of the
Code In the event that regulations or rulings are hereafter promulgated which impose additional requirements
vchrch are ai plicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent
r:_c in .n the opinion of nationally-recognized bond counsel, to preserve the. exemption from federal income
is cation of interest on the Bonds under section 103 of the Code
I
In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established
by the Issuer for the sole benefit of the United States of America, and such fund shall not be subject to the
claim of any other person, including without limitation, the owners of the Certificates The Rebate Fund is
established for the additional purpose of compliance with Section 148 of the Code
Section 31, DISPOSITION OF PROJECT. The Issuer covenants that the property constituting the
Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or
other compensation, unless the Issuer obtains an opinion of nationally recognized bond counsel that such sale
or other disposition will not adversely affect the tax-exempt status of the Bonds.
Section 32, INTEREST EARNINGS ON BOND PROCEEDS, Interest earnings derived from the
nvestment of proceeds from the sale of the Initial Bond, other than proceeds deposited in the Interest and
Sinking Fund and the Rescme Fund, shall be used along with other available proceeds for improving the
System, provided that after completion of the improvements if any of such interest earnings remain on hand,
such Interest earnings shall be deposited in the Interest and Sin king Fund It is further provided, however, that
any interest earnings on bond proceeds which are required to be rebated to the United States of America
pursuant to the Cm enants Regarding Tax-Exemption herein so as to prevent the Bonds f m being arbitrage
. bonds shalt be so rebated and not considered as interest carvings for the purposes of this Ordinance
O f
Section 33. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S
OPINION, CUSIP NUMBERS, PREAMBLE, AND INSURANCE. The Mayor of the Issuer is hereby
authorized to have control of the Initial Bond issued hereunder and all necessary records and proceedittgs
pertaining to the Initial Bond pending its delivery and its m%estigatittt, examination, and approval by the Attor•
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ncy General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of
Texas, Upon registration of the Enitial Bond said Comptroller of Public Accounts (or a deputy designated in
writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on such
Initial Bond, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Mal Bond
The approving legal opinion ofthe Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option
of the Issuer, be printed on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange
or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and
information of the registered owners of the Bonds. The preamble to this Ordinance is hereby adopted and made
apart hereof for all purposes, If insurance ie obtained on any of the Bonds, the respective Initial Bond and all
other Bonds shall bear an appropriate legend concerning insurance as provided by the insurer.
Section 34. SALE OF INITIAL BONDS. The Initial Series 1998A Bond is hereby sold and shall
be delivered to for cash for % of the par value thereof
and accrued interest thereon to date of delivery. It is hereby officially found, determined, and declared that the
Initial Series 1999A Bond has been sold at public sale to the bidder offering the lowest interest cost, after
receiving scaled bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement
dated Juh 7, 1998, prepared and distributed in connection with the sale of the Initial Series 199$A Bond, Said
Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or
amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of the
Series 1998A Bonds is hereby approved. It is further officially found, determined, and declared that the
statements and representations contained in said Official Notice of Sale and Official Statement are true and
correct in all material respects.
Section 33 DTC REGISTRATION. The Bonds initially shall be issued and delivered in such manner
that no physical distribution of the Bonds will be made to the public, and The Depository Trust Company
("Dl C"). New York, New York, initially will act as depository for the Bonds DTC has represented that it is
a hmitcd purpose trust company incorporated under the laws of the State of New York, a member of the
federal Rcsen a System, a "clearing corporation" within the meaning of the New York Uniform Commercial
Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934,
as amended, and the Issuer accepts, but in no way verifies, such representations. The Initial Bond authorized
by this Ordinance shall be delivered to and registered in the tame of the Purchaser However, it is & condition
ofdchver) and sale that the Purchaser, immediately after such delivery, shall cause the Paying Agent/Registrar,
as provided for in thi: Ordinance, to cancel said Initial Bond and deliver in exchange therefor a substitute 9ond
for each maturity of such Initial Bond, with each such substitute Bond to be registered in the time of CEDE
R CO, the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action. It is
expected that DTC will hold the Bonds on behalf of the Purchaser and/or the DTC Participants, as defined and
described in the Official Statement referred to and approved in Section 34 hereof (the "DTC Participants")
S So long as each Bond is registered in the -Lame of CEDE d CO., the Paying AgenUltegistrar shall treat and
deal with DTC in all respects the same as t, it were the actual and beneficial owner thereof, It is expected that
Dl C will maintain a book entry system which will identify beneficial ownership of the Bonds by DTC Partici-
pants in integral amounts of S5,000, with transfers of ownership being cffectcd on the records of DTC and the
DTC Participants pursuant to rules and regulations established by them, and that the substitute Bonds initially
deposited with DTC shall be immobilized and not be further exchanged for substitute Bonds except as hereinaf-
ter provided. The Issuer is not responsible or liable for any functions of DTC, will not be responsible for
paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, O
suporoising, or reviewing the records of DTC or the DTC Participants, or protecting any interests or rights of
the beneficial ownco of the Bonds. It shall be the duty of the Purchaser and the DTC Participants to make all
arrangements with DTC to establish this book-cntry system, the beneficial ownership of the Bonds, armd the
method of paying the fees and charges of DTC. The Issuer does tat represent, ear does it in any way covenant
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that the initial book entry sy stem established with DTC will be maintained in the future, The Issuer reserves
the right and option at anytime in the future, in its sole discretion, to terminate the DTC (CEDE & C0.) books
entry only registration requimnent described above, and to permit the Bonds to be registered in the name of
any owner If the Issuer exercises its right and option to terminate such rcquiremcn, it shall give written notice
of such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying Agent/Registrar shall,
upon presentation and proper request, register any Bond in any name as provided for in this Ordinance.
Notwithstanding th, initial estab1shment of the foregoing book-entry system with DTC, if for any reason any
of the originally delivered substitute Bonds is duly filed with the Paying Agent/Registrar with proper request
for transfer and substitution, as provided for in this Ordinance, substitute Bonds will be duly delivered as
provided in this Ordinance, and there will be no assurance or representation that any book-entry system will
be maintained for such Bonds
i.
Section 36. COMPLIANCE UM RULE 15c2.12. (a) Annual Reoorts (i) The Issuer shall
provide annually to each NRMSIR Pad any SID, within six months after the end of each fiscal year ending in
or after 1998, financial information and operating data with respect to the Issuer of the general type included
in the final Official Statement authorized by Section 34 of this Ordinance, being the information described in
Exhibit A hereto, which Exhibit is amvched to and incorporated in this Ordinance as if written word for word
herein. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting
principles described in Exhibit hereto, or such other accounting principles as the Issuer may be required to
employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer comunissions an
audit of such statements and the audit is completed within the period during which they must be provided, If
the audit of such financial statements is n<rt complete within suchperiod, then the Issuer shall provide unaudited
financial statements by the required time amd will provide audited financial statements for the applicable fiscal
)car to each NRMSIR and any SID, when and if the audit report on such statements become available i
(it) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and
of the date of the new fiscal )ear end) prior to the next date I y which the Issuer otherwise would be required
to provide financial information and operating data pursuant to this Section, The financial information and
operating data to be provided pursuant to this Section may beset forth in full in one or more documents or may
be included by specific reference to any docuTtcnt (including an official statement or other offering document,
if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed
with the SEC.
(b) Material Event Notices. The Issuer shall notify any SID and either eachNRMSIRorthe MSRB,
in a timely mariner, of any of the following everts with respect to the Bonds, if such event is material within
the meaning of the federal securities laws
,
1 Principal and interest payincnt delinquencies;
2 Non-payment related det'aults,
3 Unscheduled draws on debt service reserves reflecting financial difficulties;
• 4. Unscheduled draws on credit enhancements reflecting fnarcial difficulties; O .
5. Substitution of credit or liquidity providers, or their failure to perform;
6 Ad%crse tax opinions or events affecting the tax-exempt status of the Bonds;
,
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7. Modifications to rights of holders of the Bonds,
8. Bowl calls,
9 Defcasanccs,
10, Release, substitution, or sale of property securing repayment of the Bonds, and
L Rating changes.
I
The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by
the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section
by the time required by such subsection.
(c) _Limitations, Disclaimers. and Amendments (i) The Issuer shall be obligated to observe and
perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an
"obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event
will give the notice required by Subsection (b) hereof of any Bond galls and defeasance that cause the Issuer
.
to no longer be such an "obligated person"
(ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial
Owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or
equitable right, remedy, or claim hereunder to any other person The issuer undertakes to provide only the
financial information, operating data, financial statements, and notices which it has expressly agreed to provide
pursuant to this Section and does not hereby undertake to provide any other information that may be relevant
or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby
undertake to update any information provided in accordance with this Section or otherwise, except as expressly
provided herein The Issuer does not stake any representation or warranty conceming such information or its
usefulness to a decision to invest in or sell Bonds at any future date
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER, ITS OFFICERS OR EMPLOYEES
BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY
OTHER PERSON, IN CONTRACTOR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PAR?
FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS
PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY
OF ANN SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH
BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE,
A (iv) No default by the Issuer in observing or performing its obligations under this Section shall
comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinam
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer
under federal and state securities laws
(v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed
cir_urnstances that apse from a change in legal requirements, a change in law, or a change in the identity, 0
nature, status, or type of operations of the Issuer, but only if (I) the provisions of this Soction, as so amended,
would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in
compliance with the Rule, taking into account any amend;nents or in rpretabons of the Rule since such
offering as well as such changed circumstances and (2) either (a) tl.c registered turners of a majority in
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aggregate principal amount (or any greater amount required by any other provision of this Ordinance that
authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is
unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will
not materially impair the interest of the registered owners and beneficial owners of the Bands. If the Issuer so
amends the provisions of this Section, it shall include with any amended financial information or operating data
next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason
for the amendment and of the impact of any change in the type of financial information or operating data so
provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreanent if the
SEC amends or repeats the applicable provision of the Rule or a court of final jurisdiction enters judgment that
such provisions of the Rule arc invalid, but only if and to the extent that the provisions of this sentence would
not prevent an underwriter from lawfully purchasing or selling Bands in the primary offering of the Bonds.
(d) Definitions, As used in this Section, the following terms have the meanings ascribed to such terms
below:
"MSRB" means the Municipal Securites Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized
municipal securities information repository within the meaning of the Rule from time to time.
"Rule" means SEC Rule 15c2.12, as amended from time to time.
"SEC" means the United States Securities apel Exchange Commission,
"SID" means any person designated by the State of Texas or an authorized department, officer, or
agency thereof as, and determined by the SEC or its staff to be, a state information depository within the
meaning of the Rule from time to time.
Section 37. REFUNDING OF REFUNDED OBLIGATIONS. That concurrently with the delivery
of the Initial Bond the Issuer shall deposit an amount from the proceeds from the sale of the Initial Bond with
Texas Bank, as Escrow Agent, sufficient, together with other available amounts, to refund all of the Refunded
Obligations in accordance with Section 7A of Vernon's Ann. Tex. Civ. S1. Article 717k, as amended. The
Issuer hereby authorizes the execution of the Escrow Agreement dared as of July IS, 1998 between the Escrow
Agent and the Issuer, The Mayor of the issuer is authorized and directed to execute, on behalf of the issuer,
said Escrow Agreement in the form and substance presented to this meeting. It is hereby found and determined
that the refunding of the Refunded Obligations is advisable and necessary in order to restructure the debt
service requirements and procedures of the Issuer, and that the debt service requirements on the Bonds will be
• less than those on the Refunded Obligations, resulting in a reduction in the amount of principal and interest
which otherwise would be payable both on an actual and a present value basis being an actual gross debt
service savings of approximately S and a present value debt service savings of approximately
S
Soction 38, FURTHER PROCEDURES. The Maya of the Issuer, the City Secretary of the Issuer,
and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby
• expressly authorizer}, empowered, and directed from time to time and at any tme to do and perform all such Q •
acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf
of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order
to carry out the terms and provisions of this Bond Ordinance, the Bonds, the We of the Bards, the Escrow
f.grcement and the Notice of Sale and Official Statement; and the Director of Finance of the City shall cause
35
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the expenses of issuance of the Bonds to be paid from the proceeds of sale of the Initial Bond or from other
lawfully available funds of the Issuer. In case any officer whose signature shall appear on any Bond shall cease
to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient
for all purposes the same as if such officer had remairiod in office until such delivery.
Section 39 OF5:N MEETINGS. The City Council has found and determined that the meeting at
which this Ordusaiwe is coesidered is open to the public and that notice thereof was given in accordance with
the provisions of the Te cas L)pen Meetings, Law, Tex, Gov't. Code, Chapter 551, as anKaded.
Section 40. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the 2 [it day of July, 1998.
1
Jack Miller, Mayor
ATTEST;
Jennifer Walters, City Secretary
APPROVED AS TO LEGAL FORM
Herbert L Prouty, City Attorney
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By:
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EXHIBIT A
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 36 of this Ordinance:
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the Issuer to be provided annually in
accordance with such Section are as specified (and included in the Appendix or under the tables of the Officizl
Statement referred to) below:
Tables numbered l through 14, inclusive, under the captions "Tbe Utility System", "Debt Service
Requirements" and "Financial Information" in the Official Statement.
Appendix B in the Official Statement. ✓
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in the
notes to the financial statements referred to in the paragraph above
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Agenda ~0 ~ r
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Agenda Nem
Date 'I / - 9
CITY OF DEN"CON CITY COUNCIL MINUTES
April 7, 1998
The Council convened into a Special Called Meeting on Tuesday, April 7, 1998 at 11:00 a.m. in
the Council Chambers at City Ball.
PRESENT: Mayor Pro Tern Brock; Council Members Beasley, Cochran, and Durrance.
ABSENT: Mayor Miller, Council Members Krisloferson and Young
1. The Council received and opened bids regarding the City of Denton's General Obligation I
Bonds, Series 1998.
David Mcdanich, First Southwest Company, opened and read the bids submitted along with the
interest rate: Southwest Securities, 5.021; Prudential, 4.9682; First Southwest Company, 4.949;
and William R. Hough, 4.9279.
Council Member Young arrived at the melting.
2. The Council received and opened bids regarding the City of Denton's Certificates of
Obligatiun, Series 1998.
David Mcdanich, First Southwest Company, opened and read the bids along with the interest
rate: Southwest Securities, 4.7417; First Southwest Company, 4.715; Prudential Securities,
4.7136; Soloman Smith Barney, 4.6949; and Morgan Keegan, 4.6955. He stated that he would
check the bids for the two bonds to make sure they conformed to all necessary requirements and
would return with a recommendation.
3. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton Oeneral Obligation bonds, series 1998, levying the tax to pay same,
and approving and authorizing instruments and procedures relating thereto; and providing an
effective date.
David Mcdanich, First Southwest Company, stated that he would recommend the low bid of
'&illiam R. Hough at an interest fete of 4.9279.
The following ordinance was considered:
NO. 98-085
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALES, AND DELIVERY OF
CITY OF DENION GF>NERAL OBLIOATION BONDS, SERIES 1998, LEVYING
. TNIi TAX TO PAY SAME:. AND APPROVING AND AUTHORIZING
INSTRUMi,NTS AND PROCEDURES RELATING THERETO; AND PROVIDING
AN I:IFI:CTTVE DATE.
Durrance motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "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
April 7, 1998
Page 2
4. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton Certificates of obligation, Series 1998; and approving and authorizing
instruments and procedures relating thereto; and providing an effective date.
Dave Medanich, First Southwest Company, stated that he would recommend the tow bid of
Soloman Smith Barney at an interest rate of 4.6949.
The following ordinance was considered:
NO. 98-096
AN ORDINANCE AUTHORIZING THE fSSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON CERTIFICATES OF OBEIGATION, SERIES 1996, AND
APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES
RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE.
,
Durrance motioned. Beasley seconded to adopt the ordinance. On 11 vote, Beasley "aye"
Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tern Brock "aye." Motion carried
unanimously.
With no further business, the meeting was adjourned at 11:15 a.m.
Aflcr detr.mining that a quorum was present and convening in an open meeting, the City
Council convened in a Closed Meeting on Tuesday, April 7, 1998 at 5:45 p.m. in the Ccancil
Work Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Feasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
1. 1 he Council considered the following in Closed Meeting,
0 A. Consultation with Attorney'-Under TEX. GOV'T. CODE See. 551.071
1. Considered strategy and discussed status of case with City Attorney in
litigation styled Denton C'ounry Hisrorlcal Museum, Inc. v, Denton
County. Texas and City of Denton, Texas. et at., Cause No. GC-98-00098• ~
C filed in the Probate Court of Denton C, unty, including, but not limited
0 to issues related to allegations of breach of contract and ownership of 0 0
artifacts.
11. Conference with Employees-Under TEX. GOVT. CODE Sec. 551.075. The I
Council received information from employees or questioned employees during a staff conference
or bricring, but did not deliberate during the conference.
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City of Denton City Council Minutes
April 7, 1996
Page 3
Regular Meeting of the City of Denton City Council on Tuesday, April 7, 1996 at 7:70 p.m. in
the Council Chambers of City Hah, 215 E. McKinney Street, '
PRESENT: Mayor Miller; Mayor Pro Ten Brock; Council Members Beasley, Krstoferson,
Cochran, Young and Durrance.
ABSENT: None
1. Pledge of Allegiance
'the Council and mrmbers of the audience racited the Pledge of Allegiance to the U. S. and
Texas flags.
f
2. 1 he Council considered aypruva] of the minute; cf February 3, February 10, February 17,
February 24, M-;h 3, March 17, March 24 (Special Session), and March 24, 1998.
Beasley motioned, Durrance seconded to approve the minutes as presented. On roll vote, Heasley
"aye", Kristoferson "aye" Cochran "aye", i)urrance "aye", Young "aye", Brock "aye", and Mayor
Millet"w". Motion carried unanimously.
3. Yard of the month awatds
Mayor Miller presented the following Yard of the Month awards:
Lloyd & Elizabeth Fitzpatrick ~
Rhoades & Jean Allen
C'athtrine & Bob Sikes '
Randall & lleather Rattan
Small Fry Childrer Shop • Business Award
Austin Street Gall,ry • Do-Anlown Business Award
4. Proclamations
• Mayor Miller presented a proclamation for National Community Development Reek.
5. fhe Council received a report from Dessie Goodson regarding p^blie officials who can't
face the truth.
Ms. Goodson asked why the Council wanted to discontinue her trial when it was no: right to do
• so. Her civil rights had been violated. The Assistant City Attorney had filed false papers against 0 •
Tier. The City kept insisting that it did not have control over the transportation system whi:~-
having ads that stated it was owner of the system. She had reque.,ted information which the City
would not release and those documents were public informz-tlon, She was in favor of electric
deregulation and the abii,ty Ic chose her service,
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6. The Council received a report from Ross Melton regarding legislator/bureaucrat's creed-
certificate presentation.
Mr. Melton stated that the solid waste service and service for drainage was very good. He felt
that the government felt that it could intervene into all aspects of citizen's lives. That was not
right in his opinion, The court system did not work when dealing with government. He did not
receive responses from city staff nor from the Council.
CONSENT AGENDA
Council Member Cochran requested that Item 910 be pulled for separate consideration
Beasley motioned, Brock seconded to approve the Consent Agenda and accompanying
ordinances except for Item # 10. On roll vote, Beasley "aye", Kristoferson "aye". Cochran "aye", ~
Durance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
7. NO. 98-087
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A )
CONTRACT FOR HVAC RENOVATION AND EQUIPMENT REPLACEMENT FOR
MLK RECREATION CENTER; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2173 - HVAC
Renovation and Equipment Replacement for MLK Recreation Center to BCI Mechanical
in the amount of $ 117,800.00)
8. NO. 98-088
AN ORDINANCE; OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN
THE ClJY OF DENTON AND COROAN ASSOCIATES, INC. FOR THE DESIGN OF
TIIE NORTTI LAKES AND DENIA RECREATION CENTERS EXPANSION IN THE
AMOUNT OF S75.000.00 FIXED FEE AND A NOT TO EXCEED REIMBURSABLE
AMOUNT OF $7,500.00; PROVIDING FOR THE EXPENDITURE OF FUNDS
• TTIE:RFF'OR; AND PROVIDING AN EFFECTIVE DATE. (RFSP 02174 -North Lakes
and Denia Recreation Centers Expansion-Corgan Associates, Inc Fixed Fee of
$75.000.00 plus a not to exceed reimbursable amount of 57,500,00)
9. NO. 98-089
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE O
AWARD OF A CONTRACT FOR THE PURCHASE OF A POWER TRANSFORMER
' IN THE AMOUNT OF S445,939.00; PROVIDING FOR THE EXPENDITURE OF
FUNDS TIIERFFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2183 -
Power Transformer in the amount of $445,939.00 awarded to Waukesha Electric)
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II. NO. 98-091
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A FILE '
SERVER, CONTROLLER, HARD DRIVE:, ROUTER AND PERIPHERALS
INCLUDING MAINTENANCE AS AWARDED BY THE STATE OF TEXAS
GENERAL SERVICES COMMISSION, STATE OF TEXAS QUALIFIED
INFORMATION SERVICES VENDOR (QISV); PROVIDING FOR THE
EXPENDITURE: OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE. (PO 083725 - NTCS, Inc. in the amount of 536,766.00)
12. NO. 98-092
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF ORNAMENTAL STREET LIGHT POLES
AND FIXTURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (Bid 02179 - OmamenW Street Light
Poles in the amount of $57,090.00 awarded to Fred Oberlender and Associates)
13. NO. 98-093
AN ORDINANCE AMENDING THE SCHEDULL OF ELECTRIC RATES
CONTAINED IN ORDINANCE, NO. 97-236; AMENDING ORDINANCE NO. 98.046
WHICH CREATED AN ENERGYSAVE PROGRAM SCHEDULE (EP) FOR TEIE
PURPOSE OF DELETING ONE GUIDELINE PERTAINING TO Till"
QUALIFICATION FOR THE STRUCTURE INCENTIVE CONTAINED THEREIN;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
14. NO. 98-094
{
AN ORDINANCE AMENDING ORDINANCE NO, 96-032 AUTHORIZING
ASSIGNMENT PAY FOR THE FIRE DEPARTMENT EMPLOYEE IN THE
CLASSIFICATION OF DRIVER WHO IS ALSO ASSIGNED TO PERFORM THE:
DUTIES OF MAIN-1 ENAi?CEJLOGISTICS OFFICER.
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15. NO. 98-095 {
AN ORDINANCE AMENDING ORDINANCE NO. 96.076 AUTHORIZING i 1
ASSIGNMENT PAY FOR THE FIRL DEPARTMENT EMPLOYEE IN THE
C'LASSIFICAIION OF CAPTAIN WHO IS ALSO ASSIGNED TO PERFORM THE
DUIIFS OF INFORMATION MANACF.MENT000RDINATOR. {
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16. NO. 98-096
AN ORDINANCE. AMENDING ORDINANCE NO. 96-076 AUTHORIZING ~
ASSIGNMENT PAY FOR THE FIRE DEPARTMENT EMPLOYEE IN THE
CLASSIFICATION OF CAPTAIN WHO IS ALSO ASSIGNED TO PERFORM THE
DUTIES OF FMS PROGRAM MANAGER.
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17. NO. 98-097
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CIIY
MANAGER TO EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT
SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS,
AS REQUIRED, TO OBTAIN FUNDING FOR THE 1998 SUMMER FOOD SERVICE
PROGRAM: AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER
THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
18. Tax refund to The Vintage for S1,539.11 due to a tax liability reduction on 1997
Supplemental Roll 410 from the Denton Central Appraisal District.
19. NO. R98-013
RESOLUTION AMENDING RESOLUTION NO. 97-037 BY APPROVING A
REVISED BUDGET FOR THE DENTON BLACK CHAMBER OF COMMERCE FOR
THE 1997.98 FISCAL YEAR FOR 1101 Eh OCCUPANCY TAX FUNDS, PURSUANT
TO C HAPIER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE
DATE.
PUBLIC HEARINGS
20. The Council held a public hearing and considered rezoning 0.2788 acres from
Commercial (C) zoning district to Multi-Family (MF'-1) zoning district. The subject property ~I
was located on the northeast corner of Maple Street and Myrtle Street, The applicant proposed to j
concert the existing garage into an apartment (The Planning and Zoning Commission
recommended appruval 3-2.)
Dave Hill, Director of Planning and Development, stated that this property was located at 216
Maple Street. The applicant requested a rezoning of the property from commerci:, to multi-
family-I. Ilse only zoning history was that the property was initially zoned commercial in 1969.
The proposal was to convert a garage to an apartment. The remaining area on the site would be
used for off-street parking. This would he a legal non-conforming use. In order to be
conforming if multi-family zoning was approved, the required off-street parking would have to
be provided to obtain a building permit. The parking requirements depended on the number of
units and bedrooms in the proposal. These would be one bedroom units and if there were a total
of four units, six parking spaces would be required. The original proposal of five units would
require eight spaces. I',vcn with a 20 foot setback line, eight spaces could be ; it on the site, ]'he i
primary consideration was that this was a multi-family - I rezoning request. There was no
limitation in terns of the number of units placed on the recommendation by the Planning and
Zoning Commission and if approved as straight multi-family-1 zoning, redevelopment of the site
could he dillerent.
Council Member Kristoferson asked if a motion should specify one bedroom units,
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Hill stated that the proposal had started with two bedroom units but off-street parking became a
concern. He felt that the existing layout of the property and the structures were compatible with
the existing neighborhood but that could change if the property were redeveloped.
Council Member Young asked if there were any businesses in the area.
Hill stated that there was a commercial use on the east side of the property but on all other sides
was residential properties.
Mayor Pro Tem Brock asked if this would be straight multi-family -1 zoning,
Hill replied correct.
Mayor Pro Tern Brock asked if the current structures could be removed and something different
developed on the property.
[fill stated that the commercial zoning allowed a higher height for building and multi-family -1
was a reduction, The only limiting factor would be the number of parking spaces.
The Mayor opened the public hearing.
Robert Hamlin stated that the intent was to convert the property to an apartment with one or two
bedrooms. With parking and landscaping requirements, he probably would make it into a one
bedroom unit. lie wanted to upgrade the garage to something useful. lie would make the area as
aesthetically pleasing as possible.
The Mayor closed the public hearing,
Cour-A Member Cochran asked if the proposal was for an apartment with two bedroms or for
two in:lepcndent units and how the parking requirements would be affected.
Bill stated that parking was determined by the total number of units on site with the number of
bc1rooms. If there were a 3 bedroom unit, 1.5 parking spaces would be required per bedroom. E
A single unit with two bedrooms would require two parking spaces. It was the impression that
there %Nould be three one-bedroom apartments that would still require 1.5 parking spares per unit
I he following ordinance was considered;
NO, 98-098
AN ORDINANCE OF ]HE CITY OF DENTON, TEXAS, PROVIDING FOR A 1
CIIANGE FROM COMMERCIAL (C) ZOMNG DISTRICT CLASSIFICATION TO O
MULTI-FAMILY ONE (MF•1) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 02788 ACRES OF LAND LOCATED ON THE NORTHEAST
CORNER OF MAPLE STREET AND MYRTLE STREET; PROVIDING FORA j
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
T'l IEiREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
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Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson"aye", Cochran"aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller
"aye". Motion carried unanimously.
21. The Cou,tcil held a public hearing and considered approval of a request to rezone 1.203
acres of land from Office conditioned (O(c]) zoning district to Office (0) zoning district. The
property was located on the west side of Hinkle Road, north of Greenbrier (also known as 2301
Hinkle) and was rezoned from Single Family (SF-7) to Office Conditioned (0[c]) in 1996. The
proposed rezoning would eliminate four zoning conditions placed on the property in 1996. (The
Planning and Zoning Commission recommended approval 5.1 of a change of zoning to Office
conditioned (O[c]) zoning district with nine (9) conditions.)
Dave Hill, Director of Planning and Development, stated that the property was located at 2301
Hinkle and was the current site of DBR Construction. The request was for straight office zoning
from an office-conditioned zoning district. The proposal would eliminate four conditions
imposed on the property as an office-conditioned use, The Planning and Zoning Commission
recommended nine conditions for the proposal. Opposition to the proposal did not invoke the
200/1 rule for a super majority vote. There were three scenarios that could apply to the proposal.:
(1) Straight office zoning with no conditions which was proposed by the applicants. A 30 foot
right-of-way would have to be dedicated, a 25 foot front set back, a 10 foot rear setback and 10
foot side set backs would be required. The approximate buildable area would be slightly less
than an acre, (2) The staff recommendation had no change in the existing setbacks except to
change to a 20 foot rear setback, The buildable area was 19,525 square feet. (3) The Piancdng {
and Zoning Commission recommendations included keeping the front and side setbacks and
increasing the rear setbacks to 20 feet with a 20 foot side setback with conditions. The original
conditions were (1) the use would only be for professional/administrative office, (2) the
maximum square footage of all buildings would not exceed 5,000 square feet, (3) the 55 foot
building setback along the south property line would include a setback for a dumpster and (4)
lighting would not directly illuminate adjoining property. Staff recommended seven conditions
in an effort to give an allowance to build more. A complete listing of the conditions was
included in the agenda backup materials.
The Mayor opened the public hearing. j
Dylan Bath asked what was proposed for the property.
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Hill stated that there was no ss;!;ru Went for development at this time.
The M3)4)r closeJ the public hearing,
• O •
Cochran motioned. Brock seconded to deny the request. He stated that originally there was a
church in the area. The church rented out space to a school and then the church moved away. ;
T he school took over the site with a specific use permit. When the school left the property, there
was a proposal to build an office on the site. Conditions for an office were to keep the same
fivtprint and not infringe on the neighborhood. This type of incremcmaI zoning was a threat to E
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neighborhoods. There was no neighborhood meeting prior to the Planning and Zoning
Commission meeting. This area was a delicate neighborhood with no real office use in the area
except for the existing use.
Council Member Young stated that he was in favor of the zoning. There was already an office in
the area on the property. The City, should continue this zoning and not keep the owner's from
improving the property.
Council Member Beasley stated that she was in favor of the motion to deny the request. It
appeared that with the 55' setback, a driveway could be built in the area near the existing homes.
Covered parking and storage could also be built in the area near the homes.
Mayor Miller stated that he would be voting against the motion as he felt this was a reasonable
request for the property, In his opinion, the Planning and Zoning Commission had asked
pertinent questions regarding the property.
Council Member Kristoferson stated that she would support denial of the request. This was a
neighborhood with single family uses. She was concerned with an incremental increase of the
usage.
Council Member Durrance stated that he would support the motion because of insufficient facts
for the use of the property. The site was on the edge of a neighborhood that needed to be
considered. There were kw many' unknown factors with the proposal
On roll vote, Bcaslcy "ayc Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay",
Brock and Mayor Miller "nay", Motion carried with a 5.2 vote.
22. The Council held a public hearing and considered approval of a request to rezone 17.46 acres
of land from Agricultural (A) zoning district to Light Industrial (1.1) zoning district. The
property was located in northwest Denton on the south side of Highway 77, between Loop 288
and 1-35. (the Planning and Zoning Commission recommended approval 6-0 of a change to
Commercial conditioned (C[cjl zoning district.)
Dave I lill. Director of Planning and Development, stated that the action requested was approval
to rezone the property from agricultural to light industrial. 7 he site was in an urban center and
the request teas less intense than the urban center designation and commercial zoning was more
appropriate, The conditions recommended with the proposal provided some measure of
protection of existing development. The Planning and Zoning Commission unanimously
recommended approval with six conditions. The super majority rule was not in effect if
commercial zoning was approved rather light industrial. The Planning and Zoning Commission !
recommended a change to the zoning to commercial instead of light industrial. The property was 4 0
located near three important thoroughfares with a potential for high vehicle traffic. The
preliminary plat was approved on ?larch 11th. The Planning and Zoning Commission
recommendations included changing the zoning from light industrial to commercial conditioned;
the building line Ln Ilighway 77 would he 50' with the landscaped area no less than 30' from
Ilighway 77; there would be a landscaped bulTeryard of 20' along south property line; lighting
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may not directly illuminate adjoining properly with no light diffusion; 50°,19 of the buildings
facing Highway 77 would have masonry materials; and there would be no truck bays on the
Highway 77 side of the building, The proposal was for a truck parts store with possible repair on
site.
The Mayor opened the public hearing.
Bill Coleman slated that originally light industrial zoning was requested as that was one of the
suggested uses in pre-design comments with the Development Review Committee. After several
Committee meetings the petitioner discovered, just before a Planning and Zoning Commission
meeting, that staff would recommend a commercial use. The petitioner decided to go along with
the commercial use with the only objection being the 501,6 building facade be non-metal. There
was a desire to include wood treatments and glass. They also had an objection to the staff
condition of no repair doors facing Highway 77. A site plan with building elevations was
available. lie requested approval of the request with conditioned commercial zoning without the
requirement on the bay doors and the masonry exterior.
Mayor Pro Tom Brock asked about the objection to the limitation of bay doors.
Coleman stated that the orientation of the building with the bay doors on the front of the building `
would allow proper air ventilation.
Dale Brian stated that the one problem with the Planning and Zoning Commission
recommendation regarding the limitation to masonry exterior was that it would eliminate glass, a
stucco finish, pre-cast concrete and wood treatments. If the building location were changed only
a solid slah of a building materials would be seen rather than the front of the building.
Tom P.dmundson slated that he was in opposition to the proposal. He did not want to deviate
from the type of construction. Ile did not want the bay doors to face Highway 77.
The Mayor closed the public hearing.
,Mayor Pro Tom Brock felt that the Planning and Zoning Commission recommendation was
acceptable because of the conditions that were added. This would be a major entranceway to the
City with a four-Icuc highway to be deNcloped in the area. Not having open bay doors facing
f lghway 77 would be an important pan of the look of the highway.
Brock motioned, Beasley, seconded to adopt the ordinance with the recommendations by the
Planning and Zoning Commission to change the zoning to commercial conditioned zoning. An
exception to those conditions would be to change the word "masonry" in Condition rive to "non-
metal". An additional condition would be to have lighting of the type to procirt defusion into
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kr Cuun6i Alcmbcr Young stated that he did not like the idea of telling a developer how to design a
building. The bay doors would not be a problem and it was a health factor to have the doors
open. T he air flow would be letter facing I lighway77. Ile offered a friendly amendment to not
change the bay doors.
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Mayor Pro Tem Brock stated that she would not accept that friendly amendment to her motion.
Young motioned to amend the motion to remove the requirement on the bay doors. The motion
died for lack of a second.
Council Member Beasley felt that there was a different way to design the building. The front of
the building could remain the same and the doors changed to a north-south orientation for better
airflow.
On roll vote, Beasley "aye'", Kristoferson "aye", Cochran "aye", Durance "nay", Young "nay",
Brock "aye", and Mayor Miller "aye". Motion carried with a 5.2 vote.
23. The Council held a public hearing and considered adoption of an ordinance replacing
Chapter 31 "Landscaping, Screening and free Preservation" of the Code of Ordinances of the
City of Denton relating to the draft Interim Landscape Ordinance; providing a criminal penalty in
an amount not to exceed $500.00 for each violation thereof; providing a civil penalty in an
amount not to exceed $1,000.00 for each day of violation thereof; providing a severability clause;
providing a savings clause; and providing an effective date.
Dare Hill, Director of Planning and Development, stated that this was the third public hearing
regarding t'nis proposal. lie presented a summary document regarding the proposal. During a
work session on March 24", Council had asked staff for further issues with recommendations. it
was suggested that the 20.20 rule be reduced to 15.20 with 20 trees reduced to 15 trees per acre.
Council abo requested that a meeting be held with the Chamber of Commerce. Fifteen people
attended that meeting with a primary, result of asking staff to look at how high industrial and
distribution centers would be affected and the factors related to tLose uses. There was also a
suggestion to re•evatuate whether or not to have irrigation requirements with the ordinance,
Aspects of the or.Iiaance which would change included (1) excluding the Denton Municipal
Airport, the Fry Street Development Corporation boundary and the Central Business District
with certain areas still having to be in compliance with the ordinance; (2) flexibility for
altemative shrub spacing: (3) bufferyard section changing so that any plant material', ised in a
required bufleryard could be credited toward the overall site planting requirements; (4) the
selected sfccics list had minor changes; (5) reduction of tree requirements from 20 to 15 trees per
A acre Two other items for consideration were the discussion of the impact on industrial projects
and potential responses to That. There were ten options identified to allow some selection for
industrial and distribution uses which ranged from staying at 15 trees per acre to allowing some
exclusion of gross site area to provide relief for industrial properties. The zoning ordinance was
not helpful in defining industrial/distribution uses so definitions were added to better tlaify
those uses. Terminal and joint terminal use facilities definitions were also added. There was
also an extensive discussion on actual regulatory language to be inserted if Council wanted to O
add irrigation requirements. That addition was strongly recommended at the Chamber meeting.
T he last recommendation by staff was to change the effective date from May I st to June V to
allow more time for administrative preparation. 1
The Mayor opened the public hearing.
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Dare Noble stated that the categories for manufacturing and distribution needed a balance with
residential and commercial categories. That would equal out the tax burden for all present. The
20-15 rule was a good change. Industrial sites usually took 50% of the building ratio with 30%
in paving and 20% landscaping and then overlaid a tree ordinance, Ile suggested a formu'a using
an overlay technique after the building footprint was eliminated. He was in support of including
irrigation requirements.
Council Member Young asked for more time for Mr. Noble to speak. Council agreed to allow
two more minutes.
Noble stated that he was in favor of the irrigation portions of the proposal. Option 7 or 8 would
provide a good base line to bring more industry to the city.
John Cooper stated that he supported the ordinance. He felt there had been good representation
of input from citizens. He was the chair of the free Board and staff met with them for their
input. lie felt the document was fair and could be implemented uniformly. The proposed
ordinance was easy to understand and was easy to enforce. There had been some discussion of
why such an ordinance was needed. Since the ordinance was in effect, there had been a
revitalization of the university area with more landscaping and an upgrading of the
neighborhoods. There was a need to set a standard all could live with and set a higher standard
than the surrounding area. lie was in favor of lighter density for industrial/ distribution centers.
Thomas Fdmundson stated that Trammel Crow was here to make a sale. Option 8 would result
in three trees per acre. The ordinance needed to remain as proposed. He expected excellence
from the Council and Denton be a leader. The ordinance could exist with 15-20 but no less.
George Iiighfill stated the Chamber was the primary marketing agent for the City. Fie worked
with developers everyday fer the betterment of the City. The Chamber had coordinated two
different meetings and their position was not far from that of staffs. A primary concern was that
industrial property should have the least amount of restrictions. The Chamber did not hava a
position on how to accomplish the proposal but only that it should be accomplished. He asked
Council to consider all options to limit restrictions to industrial property.
1litcheii Turner stated that the Council should not make any further concessions to the
! ordinance. Ile did not feel commercial nroNrly should have less restrictions than other types 9f
property. I le wanted to be sure that indust.ial development carried their share of the landscaping.
Three trees per acres was ridiculous.
Jacqueline King stated that she was concerned about the destruction of treed lots for the sake of
development. She was a member of KDB Board and was on the Tree Board. Advantages other
cities had gained such as Fort Worth, with this type of ordinance, included an 80% swings in
energy. an 18% savings in stormwater drainage and the rest in air quality. Increasing the urban
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forest would assist 1AW air quality. Trees fought air pollution by reducing air temperatures and
slowing storm water runoff
C'lilf NI)coskie stated that developers looked at taxes, impact fees, landscaping requirements, e1e.
when deciding where to locate. He reviewed various cities requirements for landscaping on a
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particular property. The current proposal would require too many trees in order to grow
properly.
Nancy Ustick stated that she supported the ordinance. Staff had done an extraordinary job with
the proposed ordinance. She felt this was not anti-business and would not drive business away.
She was in favor of the inclusion of the irrigation requirements. It was important to have a
mixture of species of trees. The proposed ordinance was a preventative measure and part of the
solution to the problem of air pollution. Surrounding cities were looking for leadership from
Denton with this issue. She asked Council to take a great leap forward and pass the ordinance at
full strength.
Jim McKissack stated that there were two main issues dealing with this proposal. One was that
developers would continue to develop in Denton with such a proposal and the second was that
the person paying for trees were individuals, not the developers. He felt there was a need to
adopt an ordinance but it needed to be fair to all.
Bob LeMond urged Council to amend and irrtpruve the ordinance. The original ordinance would
be less desirable for developers to come to Denton. Anything done to make Denton less
competitive would be against what citizens would want. No other ordinance he knew of was
cortiputcd on the gross area of the site, Most industrial sites had only 25% of area for
landscaping after the reduction of the building site, parking, etc.
Robert McFarland slated that a stricter ordinance would restrict th- number of business that
would come to Denton. He reviewed various requirements from other cities. Denton needed to
be a leader.
Mayor Miller stated that Sue Darby submitted a Blue Card indicating she was in support of
Option 7 or 8 as was Hill Patterson. Arm Houston indicated that she was in favor of Option 7,8, ;
or 9.
Tony Clark stated that in order for Denton to be successful in bringing economic development to
the city, it ncedcd to be competitive. Denton needed to be competitive with other cities in the
area. Undcr the proposed ordinance. Denton would not be competitive. lie urged the Council to
support a middle-of-the-road scenario.
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Mayor Miller indicated Speaker Cards were received from Chuck Carpenter who was in favor of
Option 7 or 8; Dick Smith who was is favor of Option 7 or 8; Brian Shear who was ir. support as
long as it was not restrictive to the nature of a business; Lee Ann Ruth.rford who felt that the
benefit of trees in the urban environment was economical and healthy; and Barbara Russell who
was in opposition to the ordinance as it was presented to the Chamber of Commerce, 1
• Vicki McCombs stated that staff presented the 20-20 pian and she supported that plan. She felt •
that would be "perfect vision" for Denton. She did not support any further reduction than 20-I5.
She felt strong language in the ordinance was needed for development of the future. She felt it
%%as an error in judgement to have a private meeting last week. Members there had the same
opportunity as others to speak at prior public meetings.
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Harty PhVips stated that development would come to Denton but there was a need to be careful
of how #rat would be done. In the list of accepted trees, there was no mention of mesquite trees.
Don Millard stated that Council needed to consider the amount of area available to place
landscaping on a site. Ile did not know of any other requirement to use the building portion as
pan of the landscaping formula.
Gcrri Ashenbrenner stated that her main concern was for future generations. She was concerned
about whether the growth would cause competition with the aesthetic; of Denton,
Kent Key stated that it was d that irrigation be included in the ordinance. li: felt that 20.15
was excessive and burdensome to businesses. If the City did not have business growth, there
would be a large increase in the tax rate for homeowners. He felt it would be better to error on
the side of business and development. There was an ordinance in place at this point in time. It
was a 10.10 ordinance that was in line with other cities for competition of area cities. Ile urged
Council to vote Option 7, 8, or 9 as the od,crs were too excessive, The other option, would slow
or stop development. He asked Council to postpone the effective date for six months cr so
before the requirements would begin. Ise did not like the residential portion of the ordinance.
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Craig Irwin stated that his concern was for the future. He wanted nice schools, streets and fire `
departments rather than trees on an industrial site. An industrial site was not a large focal point
in the city. Gption 7 was the appropriate o,,'ioa.
The Mayor closed the public hearing.
Council Member Kristoferson asked what percent of light industrial proreny was in the City.
hill replied approximately 5% of developed property was light industrial.
Council Member Kristof-rson asked if there were any residential developments sched fled to
come on line prior to June 1
Hill repiiL, Oat if the ordinance did not t d;e effect in relation to properties between May 1° and
} • June 1'. the plot plan for residential property would still have to show compliance. The required
clearing and grading plan would not have to be submitted.
Mayor Nfillcr asked if there were a 7,000 square foot lot with a 3,000 square foot home to be
built on it, would the calculations be done nn the basis cf the lot or the size of the home.
I liil stated that it would be based on the sire of the lot.
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Mayor Miller asked if a 5,000 square foot home was proposed on a 7,000 square foot lot, would ~
1 the calculations he done on the same basis.
Hill stated that the developer would make sure that there was still 20% land area reserved for
plunging.
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Mayor Miller stated that the calculation would be made regardless of the size at building on a lot
with no rclat:;nship with the size of the home on the lot,
}till replied correct as it was based on gross lot area. The only relationship proposed was the
number of trees required and the amount of planting area that had to be resen ed to accommodate
those trees.
Mayor Miller asked if other cities were taking th-: footprint of a building out of the calculations.
Hill stated that the proposal was not a customary approach. A traditional ordinance had street
yard requirements, bufferyard requirements, etc. Staff wanted to use an approach with ultimate
flexibility. Staff had been indicating to developers that a landscape ordinance was being
proposed and no one indicated that they could not comply with the ordinance even when it was
20.20. In regards to industrial development there were two areas to consider. There could be a
development that was pure structure such as a parking garage and building Such a development
could be 80% build-out, If only the building footprint was used, the deduction could be as much
as 80'. An artificial lot line would be a~.tilable for industrial development. .
Council Member Young asked about the difference between Options 7 and S.
Hill stated that the basic difference was 65% versus gNa exclusion from the gross site area
before calculations were done for the 15-20 rule. Option 7 had 5 1/4 trees per acre for the total
site and 0pticn 8 ha,i 3 trees per acre for the total site.
Council Member Kristofetson stated that several questions had teen asked as to why the Council
was mowing ahead with this proposal in this manner. She felt it was due to the large
development taking place near and in the city and the clear cut and grading that had been taking
place. The proposed ordinance would preserve natural resource the city had with mature trees 1
and avoid clear cuv;; g and grading, It would also streaml+ne the implementation of the
landscape ordinance.
Krislofcrson motioned, Brock seconded to approve the draft ordinance of 15 per 20% open space
with the revisions as stated on Page 1 which excluded the districts of the Denton Municipal
Airport. the Try Street Devetoprn:m Area and the Central Business District, all the revisior+:
0 discuseed in the work session, adding industrial definitions of Section 31.3 and considering
option 4 which would exclude 40" of the gross site area from the calculation of the tree
requirements, 'Chat would result in an identical requirement for the industrial uses comparable to
the current ordinance. She also motioned to add Section 31.9 for irrigation to all uses except for
single funily, street tree corrections and an effective cia,e of May 1'.
I [ill stated that there was a second staff issue relating to the total tree requirement and asked if O 0
that %%as included in the motion,
Council Rlember Kristoferson indicated that that should be in her motion.
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Mayor Pro Tent Brock stated that the current ordinance had problems and the proposed
ordinance was needed for future development. There was a need to be reasonable and fair to '
potential developers. She felt that the motion included those features
Council Mer fiber Young stated that he would be voting against ordinance. }fie did not see any
problems with the current ordinance. Developers did not have to be required to put landscaping
in developments. This was coming at a had time and would cripple economic developm,:nt in
Denton, All other fees to be included with development would drive development away. There
was no need for th's ordinance. There was no need to rush into this ordinance at this point in
time. The city would have to raise taxes due to this ordinance as all development would be
slowed or non-existent,
Council Member Beasley stated that she was in favor of the motion. She had attended the
Chamber meeting and felt that the proposal for industrial sites was very close to the current
ordinance. The Council did not nish into this process as it was started in August. There had been
numerous meetings regarding this proposal. Another concern was clearing and grading which
this would help prevent, She too wanted jobs for the community but wanted good development
and a quality community.
Mayor Miller stated that he would support the ordinance as he was in favor of landscaping
ordinances. Ile was not sure that a May I"date was a fair date as this was already April, Ile felt
that the foolp;mt issue was still not correct and that there would be a need to continue to monitor
the situation.
Council Member Cochran felt that all aspects of ordinance were not good. One of those areas
was the residential area. IC was a compromise that in the longterm would be best for the citizens
of Denson.
Council Member Durrance etated that he was in support of the motion with great reservation, He
was in support of 20.20 and fell that Denton could require more. Ile did agree with the spirit of
the intent of the ordinance and it should be monitored carefully for results, No one had indicated
that this could not be done, Growth was coming this way and would continue to come this way,
There vv as a need to work to promote the city in a positive manner. A cooperative spirit from
this ordinance would help the city.
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On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durance "aye", Young `nay
Brock "aye', and Mayor Millet "aye". Motion carried with a6-1 vote.
24. The Council held a public hearing and considered adoption of the Denton Plan Draft
0 Policy Documents. 0 0
Dave I f ll, Director of Planning and Development, stated this was the second public hearing for
these documents. Revisions had been made since the March 24" Work Session.
The Mayor opened the public hearing.
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Rob Rayner stated that he was curious tvhy the City would remave economic incentives and
infrastructures from the document. It was important to have internal growth with businesses
needing to expand and looking at other areas of Denton in which to do so. There was an
infrastructure incentive program currently in use and should be continued.
Mayor Miller stated that the thought was that the incentives would not be eliminated but placed
in another document.
Rayner stated that the plan would be the backbone of everything done in Denton. If that was the
case, why not make economic incentives known in the plan.
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City Manager Benavides stated that he had recommended that that section be taken out, Staff
felt that incentives would still be done but that they would take away from the document if left
in. It was felt that removing them would make the document more acceptable to the community.
Mayor Pro Tern Brock stated that the mission statement at the beginning of the document and the
policy in the document dealt with general principles. Other areas of the document did not have
such specifics spelled out. It was felt that those specifics needed to be in another document.
Specific incentives were imple.nentation matters and not general policies for this type of '
document.
Rayner felt that they should be included somewhere so that individuals would know that they
were available.
The Mayor closed the public hearing.
Mayor Pro Tem Brock slated that she had considered ch urges to the wording of that item to read
"development incentives may be considered to encourage industries and businesses to expand or
relocate within the City. Incentives should be considered only when proposed development is
consistent with community plans." Those were general statements that introduced the idea of
incentives.
Brock motioned, Beasley seconded to adopt the plan and to amend point three in the draft
• economic diversification policy to be worded "development incentives may be considered to
encourage industries and businesses to expand or relocate within the City. Incentives should be
considered only when proposed development is consistent with community plans."
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On roll vote on the amendment to the motion, Beasley "aye", Kristoferson "aye", Cochran "aye
Durrance"aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
• O •
Cochran motioned. Young seconded to insert Cochran's suggested changes to the mission
statement.
Mayor Pro Tern Brock felt that the suggested changes might alter the meaning of the statement.
C'hangirg the statement to the present tense might take out some items to do in the future,
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Council Member Beasley expressed concern about making changes at this point in time. She
would like to see the Council move on this at this meeting.
Council Member Cochran stated that there was a need to perfect the document as best as possible
as it was an important document.
On roll vote on the amendment to change the mission statement, Beasley "nay", Kristoferson
"nay", Cochran "aye", Durrance "aye", Young "aye", Brock "nay", and Mayor Miller "nay".
Motion failed with a 3.4 vote.
On roll vote of the main motion as amended, Beasley "aye", Kristoferson "aye", Cochran "aye",
Durrance "a) c", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
JTF,MS fOR ~:rD1VlJ)UAL CONSIDERATION
Council considered Item # 10 from the Corsent Agenda.
Council Member Cochran felt that more information was needed with this item. He !'elt that the
prices were too high and questioned what smices were included in the prices of the xmputers. L
He requested a breakdown of the prices. t~
Kathy DuBose, Assistant Cily Manager for Finance, stated that the City's technology plan
indicated that it was important to keep up with current technology. It was important to be
consistent with the PC's and the lease flexibility at the end of the lease term allowed the City to
do that. T'he same amount of money would spent at the end of the lease period as would have be
spentifpurchased attha beginning of the lease period,
Beasley motioned, Cochran seconded to approve Item k[u. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran Durance Young "aye", Brock "aye", and Mayor Miller
"aye". Motioncarricdunanimously.
NO. 98-090
r AN ORDINANCE AU I IIORI/JNO THE EXECUTION OF A CHANGE ORDER TO A
LEASE AGREEMENT FOR PC'S. MONITORS AND PERIPHERAL EQUIPMENT
BE I WI-1, N 'I HE CI fY OF DLN I ON AND IBS[ CORPORATION; PROVIDING FOR
AN INCREASE IN THE QUANTLIY OF ITEMS AND AN INCREASE IN THE
ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE
DA] E. ([.ease 92045 to IBM Corporation in the amount of $367,354.42)
Item 027 was considered, Q
27. The Council considered approval of a resolution at;iwing LULAC to be the sole
participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 2,
1998, upon the conditions of obtaining lvoth, obtaining license and permit, providing general
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liability insurance, and agreeing to indemnify the C ip for any liability; authorizing City Manager
to execute agreement for the conditions; and providi•;g for an effective date,
Ed Hodncy, Director of Parks and Recreation, stated that this event was a local event and funds
received would be used for a local scholarship program. One proposal from the Committee was
to sell beer as part of the event. This would be similar to the program done by the Arts and Jazz
Festival.
Council Member Kristoferson asked about the times for selling beer.
John Cabrales, Denton Police Department, stated that beer would be sold from noon - 6:00 p.m.
Nothing would be sold past that time but individuals would be allowed to beverages into the
Civic Center building.
Mayor Pro'Lem Brock stated that this request was comparable to the Arts and Jazz Fest•
The following resolution was considered:
NO. R98.014
A RESOLUTION ALLOWING LULAC TO BE THE SOLE PARTICIPANT
Ai.LO`rVED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO
CELEBRATION ON MAY 2, 1998. UPON THE CONDITIONS OF OBTAINING
BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL
LIAT3111 1Y INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY
LIABILITY; AUTHORIZING CITY MANAGER TO EXECUTE. AGREEMENT FOR
II IE CONDI'I KINS; AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Beasley seconded to approve the resolution.
On roll cote, Beasley. "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye",
Brock "aye", and MayorSliltcr"aye', Motion carried unanimously.
Item 431 was considered.
• 31. The Council received a report, held a discussion, gave direction to staff, and considered
ap; ioval of a schedule of public ;iearin,s with regard to the proposed annexation of a 30.32 acre
Iract located northeast of Hwy, 77, now its intersection with 1.35.
Dave Hill, Director of Planning and Development, stated that the City had received an
annexation petition from Rancho Vista Development, At this meeting the Council would receive
• the preliminary assessment. There were no residents located in this area. Staff was asking 0 •
Council to approve Attachment 0, the annexation schedule.
Counci I Member Young asked what was on the site. j
Bill stated that a truck stop was being proposed for the site.
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Don Dillard stated that part of the tract was in the City limits and was zoned commercial. Part of
the tract was out of the City limits and the developer wanted to get all of the property in the City
limits and to have the property zoned.
Beasley motioned, Young seconded to proceed with the annexation process. On roll vote,
Beasley"aye'., Ktistoferson"aye", Cochran "aye", Durrance"aye", Young "aye', Brock "aye", and
Mayor Miller "aye". Motion carried unanimously,
#25. The Council considered adoption of an ordinance amending the Schedule of Water Rates
contained in Ordinance 97.237 for water service for "W'FH Metered Water From Fire Hydrant"
to increase the deposit to $800.00; providing authorization for water utilities to require a contract
for the use of fire hydrant meters requiring a security deposit, minimum charge for failure to
provide meta for monthly reading, and enforcement if fire hydrant meter and barkflow
prevention assembly is not returned; providing for a savings clause; and providing for an
effective date. (The Public Utilities Board recommended approval 4-1.)
Jill Jordan, Director of WatcdWastewater Utilities, stated that the current program loaned water
meters to contractors to use during construction on a site, The contractors paid a deposit of $680
and were supposed to bring the meters in every month to have them read for billing of water
usage. The increased cost was due to the cross connection prevention program recently approved
by Council. there would be an increased deposit amount from 5680 to $800. Staff was trying to `
have cooperation from the contractors to bring in the nieters. The contractors would sign a
contract to bring in the meters. If they failed to do that they could be billed up to 100,000
gallons of a at-r for that month. That was equivalent to $287.
The following ordinance was considered;
N0.98.101
AN ORDINANCE, AMENDING THE SCHEDULE OF WATER RATES CONTAINED
IN ORDINAN'CF 97.237 FOR WATER SERVICE FOR "WFH METERED WATER
1110\11 FIRE: HYDRANT" TO INCREASE THE DEPOSIT TO $800.00; PROVIDING
AUIIIORI7.A710N FOR WATER U7TLITIES TO REQUIRE A CONTRACT FOR
'11W USE OF FIRE HYDRANT MF.TF.RS REQUIRING A SECURITY DEPOSIT,
MINIMUM C11',RGE FOR FAILURE TO PROVIDE METER FOR MONTHLY
• READING. AND LNFORCF;MLNT IF FIRE HYDRANT METER AND BACKFLOW
PRF.VENIION ASSEMBLY IS NOT RETURNED; PROVIDING FOR A SAVINGS
CLAUSE; AN[) PROVIDING FOR AN FFFECTIVF: DATE,
Beasley motioned. Brock seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson"aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller i
• ,aye". Motion carried unanimously. ® 0 •
426. 7'he Council considered adoption of an ordinance of the City of Donlon, Texas
authorizing the City Managcr to execute Addendum Number 2 to Contract between the City of
Denton and the Upper Trinity Regional Water District for water treatment and transmission
services; authorizing the expenditure of funds therefor; and providing for an effective date.
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Jill Jordan, Director of Water/Wastewater Utilities, stated that this was a short term agreement
with the Upper Trinity Regional Water District to allow them to get water to two subdivisions in '
the southwest portion of the City. The City would have a line to this area in the year 2002.
The following ordinance was considered:
NO. 98-102
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AU-i HORIZING THE CITY
MANAGER 10 EXECUTE ADDENDUM NUMBER 2 TO CONTRACT BETWEEN
THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER
DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
FOR AN EFFECTIVF DATE.
Kristoferson motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson"aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor ,Miller
"ayc'". Motion carried unanimously.
028• The Council considered approval of a resolution of the City of Denton, Texas adopting
city policies for employee development through developmental tracking for city employees; and
declaring an effective date,
Mary Ann Fulgium, Assistant Director of Human Resources, stated that this policy wood
provide employees doelopment and upward mobility opportunities by allowing supervisors to
promote employees from within if they did not quite meet the minimum qualifications for a
specific job. This was a formal training program with a specified time period to obtain the
needed qualifications. If the employee were not able to complete the er,ployme-t status, he
would be terminated. There was no additional cost for the program.
1 he iollow ing resolution was considered:
NO. R98.015
e A RESOLUTION OF TIIE CITY OF DENTON. TEXAS ADOPTING CITY POLICIES
j FOR EMPLOYEE DEVELOPMENT 1HROUGH DEVELOPMENTAL TRACKING
FOR CI1 Y EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. j
Young motioned, Cochran seconded to approve the resoluticn. On roll vote, Beasley "eye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Millet
J14 "aye". Mot ion carried unani mously.
029. -1he Council received a r.port, held a discussion and considered recommendations from I
the 0%ersight Committee.
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Rick Svehla, Deputy City Manager, stated that at its March 25th meeting, the Oversight
Committee recommended two new street projects and three new drainage projects. One drainage '
project was at Carroll and Crescent. That project would rebuild channel cross'ngs at Crescent
and Congress due to the completed drainage study. The other two drainage projects vould be
done jointly with the DISD. One was located on Linden Street and the other provided additional
money for PEC 4 Robinson Street due to additional consulting work for Corps permitting
requirements. The two street projects were being done jointly with COG and TxDot for tae
intersection of 135 and Loop 288 and a joint project for an access road between the Lillian Miller
and Teasley intersection and the frontage road,
Kristofcrson motioned, Beasley seconded to approve the recommendations from the Oversight
Committee. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
#30. The Council considered approval of a resolution to declare the intent to reimburse
expenditures from unreserved fund balance of the general fund with general obligation bonds;
and providing an effective date.
Kathy DuBose, Assistant City Manager for Finance, stated that $110,000 would be taken from '
unresened funds for this project and would be reimbursed in 1999 when bonds were issued for
the project.
The following resolution was considered:
NO. R98-016
A RESOLUTION TO DECLARE THE INFENr TO REIMBURSE EXPENDITURES
FROM UNRESERVED FUND BALANCE OF TIIF GENERAL FUND WITH
GLNIIRAL OBLIGATION BONDS; AND PROVIDING AN EFFECTIVE DATE.
Brock motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye",
Krisloferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller
"ape". !clotioncarriedunanimously.
432. 2hc Council considered nominations/appoiniments to the City's Boards and
Commissions.
Council Memki Young had nominated Slay Nell Shepard to the Human Semites Committee at
a previous meeting, On roll vote, Beasley "aye", Krisloferson "aye", Cochran "aye", Durrance
"aye % Young "aye". Brock "aye", and Mayor Miller "aye'. Motioncarried unanimously.
Council Member Durrance nominated Steven Posen to the Keep Denton Beautiful Board.
Council Member Beasley nominated lames Taylor to the Sign Board of Appeals.
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33. Miscellaneous Matters from the City Manager
City Manager Benavides did not have any items for the Council.
34. 'he following items of New Business were suggested by Coaincil Members for future
at end as;
A. Council Member Cochran asked to discuss the travel policy for Council which
was in effect number of years ago.
35. There was no continuation of Closed Meeting under Sections 551.071-551.085 o1' the
Texas Open Meetings Act.
36. There was no official Action on Closed Meeting items held under Section 551-U71-
351,085 of the Texas Open Meetings Act.
With no further business, the meeting was adjoumed at 12:50 a.m.
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JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
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JENNIFER WALTERS
CITY SECRETARY
Cl I Y OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
April 14,1998
After determining that a quorum was present and convening in an open meeting, the City Council
convened in aCloned Meeting on Tuesday, April 14, 1998 at 515 p,m. in the Council Work Session
Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, and Young.
ABSENT: Council Member Durrance
1. Closed Muting:
A. Conference with Employees - Under TEX. GOVT. CODE Soc. 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 Special Called Meeting on Tuesday, April 14,1998 at 6:00 p,m. in the
Council Work Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Co,incil Members Beasley, Kristoferson,
Cochran, and Young.
ABSENT: Council Member Durrance
i The Council co isidered adoption of an ordinance authorizing the City Manger to execute a
change order to the Intake Structure Dredging Project, Bid No, 1936; authorizing final payment to the
contractor and the release of claims of all parties; and providing an elective date.
Herb Prouty, City Attorney, stated that this was a settlement ofa construction claim from a project
started in 1996. The City hired a company to uncover a lower intake valve en Lake Lewisville to
use during a drought. Aftcr uncovering approximately 73% of the silt, the company walked off the
job, This settlement would release all parties from any claims from the project and a change order
would reduce the amount of the contract by $33,770 with a final payment of $20,000 to the
company,
The following ordinance was considered:
N0.98- 103
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE
ORDER TO THE INTAKE STRUCTURE DREDGINO PROIF.CT, BID NO. 1936;
AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR AND THE RELEASE OF
CLAIMS OF ALL PARTIES; AND PROVIDING} AN EFFECTIVE DATE. 0 !
Brock motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Ktisloferson
"aye", Cochran "aye", Young "aye", Brock "aye", and Mayor ?,filler "aye'. Motion carded t
+inanimously.
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2. The Council considered a motion to authorize the holding of a City Council meeting outside ,
of City Hall,
Cochran motioned, Beasley seconded to approve holding a City Council meeting outside City Hall.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye', Young "aye", Brock "aye", and Mayor
Miller "aye". Motion carried unanimously.
Council convened into a Work Session on Tuesday, April 14,1998 at 6:13 p,m, in the Council Work
Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Bea.Iey, Kristoferson,
Cochran, and Young,
ABSENT: Council Member Durance
1, The Council received a report, held a discussion and gave staff direction regarding a request
from the Historic Landmark Commission for funding for an archival study and archeological survey
of the Pickncyville site.
James Kirkpatrick, Vice-Chair of the Historic Landmark Commission, stated that the Pickneyviile d
site, which was the original site of the County Courthouse, had been established. The Commission
was soliciting support from the Council to underwrite a more professional audit and archeot^ ;ical
stildy ofthe site to document the site.
Mayor Pro Tern Brock asked if the study was required to be sure that it was the Pickneyville site.
Kirkpatrick stated that the study would substantiate the site beyond a doubt. Some people were
convinced that this was the site but there was no documentation at this point in time to prove such,
Council Nlember Young asked how much, the study would cost.
Kirkpatrick stated that it would not exceed 57500 and should be done quickly as the property was
for sale.
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Council Member Kristoferson asked how much would be spent in I, alor funds.
Dcnisha Williams, Main Strccl Coordinator, stated that the Friends of Denton County organization
had received $5,000 this year to conduct fundraisir., a and public awareness events. That group was
in the process of transferring funds to the Denton County Historical Society. This was a separate
group from the Historic Landmark Commission request. p
Council Member Beasley asked if the Commission had arproachod the County for any money as the
site was suppose to be the county seat.
Kirkpatrick replied not to his knowledge.
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Council Member Cochran stated that the assessment was a way to help raise funds for further s!, dy.
Williams indicated that there was money in the reserve fund to be distributed on October V. ,
Council Member Cochran stated that it was also possible that the site might have been an Indian site
as well as the county seat. He asked v, hat other sources of funding might be available,
Rick Svehla, Deputy City Mana;:r, stated that there was nothing specifically earmarked for this typo
of project but that there were some contingency funds that might be used.
Mayor Pro Tern Brock felt that this was a very appropriate use of Lalor funds for this project and
the reserve was established for just such a project. Her feeling was to approve the request and use
the Lalor funds as soon as possible,
DuBose stated that staff coull explore options for funding.
Council Member Beasley suggested asking the County to als( share in cost of the project. Staff
,hould look into what funding was available for this project.
Consensus of the Council was to proceed as outlined for fundiug.
Iton 03 was considered.
3. The Council received a funding recommendations report from the Community Development
Advisory Committee (CDAC) and the Human Services Committee (HSC) and held a discussion
regarding the proposed 1998 City of Denton Action Plan for Housing and Community Development.
James McDade, Chair•Comntunity Development Advisory Committee, stated that this year the
Committee had developed recommendations forever $1.7 million in CDBO and HOME fu ,ds. The
recommendations were included in the agenda back-up materials. Amendments were also
recommended to the 1994-95 and the 1995-96 Action Plan that would allow program flexibility
funding for the Affordable housing Corporation. There would be a public hearing next week to
receive comments from the public on the proposals,
Nan Motgan, Chair•Ilt man Services Committee, presented the funding recommendations for the
I lm an Services Committee that were included the age! la. back-up materials. She stated that the
Committee was asking for an increase in general funding for the programs. She reviewed the
proposed new programs and the programs vurenlly receiving funding. There would also be a public 1
hearing on these proposals 1)t the next council meeting.
• Young motioned, Cochran seconded to fund the Martin Luther King, Jr. Kids Day Camp and the
J14 Owsley Summer Playground Program at the 191)7 level,
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Council Member Beasley felt it would be better to wait until after the public hearing to receive
public comments and then look at alternatives to the funding proposals.
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Council Member Young agreed to wait until after the public hearing and withdrew his motion.
Mayot Miller left the meeting.
Mayor Pro Tom Brock stated that the motion would be withdrawn along with the second.
Consensus of the Council was to proceed with the public hearings at the next regular meeting.
Item N2 was consid,.red
2. Thy Council received a report and provided direction to staff regarding the location and use of
the Governor's Community Achievement Award landscaping award.
Larry Mullen, Chair-Keep Denton Beautiful, stated tha: Denton was awarded the Governor's
Achievement Award in August of 1997, The Keep Denton Beautiful Board was seeking suggestions
from Council on where to place the project. The Board was recommending the landscaping of
10,431 fect of Fort Worth Drive following the completion of that road project It was recommended
to tie this project in with TxDot, the City and the University of North Texas as a joint project.
Mayor Miller returned to the meeting.
Council Member Beasley stated U::t she was originally in favor of the Fort Worth Drive project and
recommended that the Keep Denson Beautiful Board recommendation be followed. J
Conscrsus of the Council was to proceed with the project cs presented, 1I
4. fhe Council rt--ived a report, held a discussion, and gave s1Tff direction regarding the t
extension of the 1998 deadline for obtaining a tax exemption for designa,ed historic sites.
Linda Rathn, Director of Fconomic Development, stated that the current ordinance allowed for a
-14 501o exemption in designated hiiloric sites and would expire in December of this year. Staff had
been asked to develop options for Council consideration, One option would be to let the ordinance
expire and not have an ~xemp ion. Others included increasing or decreasing the exemption with no
limitation on the number of yrars. Council could extend the ordinance for another 10 years with the
tie terms.
Council Member Cochran suigested tightening up the terms of the ordina ice so as to not just allow
an cxcmptirn fur a historic site but would have to be a historic building to renovate, ` i
p Ratliff stated that the zoning of the froporty might need to be looked at as this might be a zoning 0
issue. She was not sure how the -xcmption would work for a structure built after the historic
designation for the site.
Mayor Pro Tom Brock stated that the reason for this type of exemption was to encourage individuals
to preserve and restore historic structures. She would like to see the ordinance extended under the
some terms for another ten years and include structures rather than sites.
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April 14 1998
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Council Member Young stated that he would support an increase in the exemption to at least 60%
as it was expensive to renovate historic sites.
Council Member Beasley asked if the exemption were extended, would houses currently receiving
the exemption also have an extension.
Ratliff replied that the same ordinance could be re-enacted which indicated that a homeowner only
received that exemption for a ten-year pen,)d.
Council Member Durrance arrived at the meting,
Ratliff continued that if someone were to apply and receive an exemption this year, that exemption
would continue, The ordinance might expire but the exemption would continue for ten years
Mayor Pro Tern Brock stated that she was in favor of not having individual exemptions expire after
10 years, She would like individuals to continue to have ten years under the new ordinance if tliey
applied every year.
City Manager Benavides suggested that the first time an individual applied, he would receive a ten- l
year exemption and after that would receive the exemption as long as the ordinance remained in
effect.
Consensus of the Council was to structure the ordinance as a ten-year ordinance with a 15-year
exemption.
5. The Council held a discussion regarding an ordinance creating an abatement of taxes assessed
by the City of Denton, Texas for appropriate repairs and renovation of historic buildings in the
downtown commercial district of the city of Denton.
Dcnisha Williams, Slain Street Manager, stated that the proposed ordinance provided for the
abatement of taxes in the form or a tax freeze. It would take the assessed value at prc-renovation
value and for ten years aRer substantial renovation, the City portion of the taxes would only be paid
0 on the pre-renovation value. This would still beat the effective tax rate but valuation would beat
a pre-renovation value. Any structure within the boundaries of the downtown commercial area,
designated as North Locust and North Elm to University Drive, down to Eagle Drive and from
Carroll to Bell on the cast-west boundaries, and that were 50 years or older would be a historic
property worthy of tax abatement. The threshold would be that exterior rehabilitation v,ould have
to cost at least $20,000 or 25% of the most recent tax valuation of the structure, The construction
plans would be -viewed by the Historic Landmark Commission that would make a re,ommendation 0
to be decided or by the Council. As the ordinance would only cover substantial rehabilitation of
property, it was :h that there was a need for a program that would cover the smaller dollar projects
that might make a lsrgc visual impact on the neighborhood. Staff was recommending developing
a grant fund to administer for signage, paint, etc. that might not qualify for the large exemption. This
woudt! encourage individuals to bring in plans for review, The Historic Landmark Commission
would like to reserve the right to return to Council with an additional incentive package in
conjunction with a possible National Registry designation.
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April 14,1998
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Consensus of the Council was to proceed with the process.
Mayor Miller left the meeting,
6. The Council received a report, held a discussion, and gave direction to staff with regard to the
proposed annexation of two tracts of land and a request to release land from the City of Denton Extra-
Territorial Jurisdiction (ETJ).
A. Oakmont U. Approximately 1.6 acres annexation and 21 acres dis annexation near State
School Road and Robinson Road. The areas were part of a F~ngle-family residential
subdivision
B. The Preserve at Pecan Creek, Approximately 13 acres near Edwards Road. This
property would provid: secondary access to a proposed mixed-use, mixed-h,. using
community. Tow•nhome development was proposed in this particular area,
C. Release of ETJ. An area near Bartonville, south of FM 407. A single-family
subdivision was proposed. The applicants expressed a desire to connect to Bartonviile
utilities.
Dave }fill, Director of Planning and Development, stated that at the last meeting, Council reviewed
an annexation schedule for Rancho Vista. Through the Development Review process there were
inquiries on situations that required evaluation of specific annexation decisions. These items were
in different stages of progress and would require different types of guidance.
A. Proposed annexation of Oakmont 11-This proposal involved 1.6 acres of land to be
annexed and 2.1 acres to de-annex near State School Road and Robinson Road. This was a
dc~ eloper initiated annexation request. It involved the exchange of approximately 1.6 acres that
would be annexed into the City and 2.1 acres that would be de-annexed by Denton and annexed by
Corinth. Reasons for the annexation dealt with specific dwelopment aspects of the subdivision. The
actual boundary line ran north/south and the proposed boundary would run on an angle for sewer
requirements. The proposal by the developer would allow all address on one side of the
development to be in Corinth and the municipal 1,+risdiction line would run in back yards. This
` • would allow for clearer addressci snd street maintenance. Financial impact to the City would be
approximately $750 per year per home in revenue or $1500 per year in tax revenue, The property
would remain unplattcd until this Iss,ie was resolved.
Council Member Bcasley recommended to proceed as proposed.
• Consensus of the Council was to proceed as proposed. Q •
B, The Preserve at Pecan Creek involved approximately 13 acres near Edwards Road.
Staff was asking Cowtcil whether or not to continue with the proposed annexation schedule. The
site was PD-132 and the developer want to provide secondary access to a proposed mixed-use,
mixed-housingcom-. unity.
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Consensus of the Council was to proceed as presented.
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City of Denton City Council Minutes
April 14, 1998 I
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C. Release of ETJ - This proposal was to release a portion of the City's ETJ near
Bartonville. The applicant had expressed a desire to connect to Bartonville utilities and would be
annexed by Bartonville. This site was on the fringe of the City's ETJ. The parcel might not be
completely in Bartonville and Denton's ETJ and might be in Argyle. Denton was asking for letters
of intent from the affected cities. It was also asking for proof that part of the site was in the City of
Argyle. There still was no closure with that process.
Council Member Beasley stated that it was her understanding that there were residents in the area
who wanted to stay in the City of Denton's ETJ. She was not in favor of proceeding with this
proposal.
Council Member Kristoferson stated that she had also talked with citizens in the area and agreed
with not proceeding with the venture.
Consensus of the Council was to not proceed with the de-annexation of this area.
7. The Council received a report and held a discussion regarding the 1998.1999 Solid Waste
holiday disposal schedule,
Howard Martin, Assistant City Manager for Utilities, stated that this was a proposal to change the
residential solid waste schedule. Traditionally the residential solid waste employees took three days
a year for holidays. It was proposed to increase those holidays from three to seven that would
include all of the holidays regular City employees received except for two days. The Public Utilities
Board was in agreement with this proposed change in schedule.
Consensus of the Council was to proceed with the proposal. {
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8. The Council received a report and held a discussion regarding growth forecasts.
Mayor Miller returned to meeting, `
Al Petrasek presented the population data for the urea. From 1970-1990 the growth rate was
• between 2.4io. He reviewed the State DaLa Center Scenarios and the unit cost for undeveloped i
residential land the area forecasts as shown in the agenda backup materials.
With no further business, the meeting was adjourned at 9:10 p.m.
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` Jennifer Walters Jack Miller, Mayor
City Secretary City of Denton, Texas
City of Denton, Texas
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CITY OF DENTON CITY COUNCIL MINUTES
April 17, 1498
The Council convened into ajoint meeting with the Denton Independent School District Board of
Trustees on Friday, April l7, 1998 at the Radisson Hotel.
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PRESENT: Mayor Miller; Mayor Pro Tern Brock, Council Members Beasley, Cochran,
Durrance, Kristoferson, Young and Council Elect Burroughs
1. Both the Council and Board of Trustees declared that a quorum was present for the
M meeting.
2. City Manager Ted Benavides stated that tte City was currently developing a new
comprehensive plan. He stated that in determining where the City's growth was going tj happen
and how we were going to manage that growth, we would have to look and see where the growth
was going to come, m-re specifically in areas within the City where it was going to impact a
higher rate than the average of the City.
r Dave Hill, Director of Planning and Development, reviewed ttx various population forecasts
showing where it would impact the City and the School District. Denton was divided into sub
areas by boundaries that fit census tracts. Population forecasts were being prepared by Rust
Environment 8t Infrastructure and HOK,
NCTCOO forecasts for growth were based upon different factors. The most optimistic projection
was that the 16-county COO region would grow to about I I million by the year 2030. Forecasters
indicated significant numbers for Collin and Denton County, which were predicted to be the next
counties to be hit by the wave of growth extending northward from Dallas and Ft. Worth. Some 33
factors influencing growth were; Denton's location in proximity to the junction of the 1.35E and i
1-35W corridor, infrastructure, the universities, the Alliance area, and the economy.
Comparatively speaking, the cost per acre of land was much lower in Denton than other metroplex
cities that were urbanized or ra; idly urbanizing. Other cities had the capacity to be landlocked
but this might not be a factor for the City of Denton,
Population forecasts showed annual growth rates of 1.112 • S%. Denton could be looking at a
• tripling of the population by the year 2020. The forecast summary showed a build out population
in the city limits of 300,000-400,001 and in the ETJ of 800,000; a growth rate of 4 to 10 percent;
2020 population range was forecast between 120,000 and 230,000; adsorption range of 300-600
acres of land per year. The forecast assumed a population of 200,000 in 2020 that would be an
increase in population of 130,000, nearly triple the population. With an annual population
increase of 5,900 that would mean 1340 building permits per year, 740 apartment units per year,
$12,000,000 infrastructure investment and 5160,000,000 added to the tax base per year. O f
SO Hill stated that there was a need to figure out how to accommodate this growth. He stated that
development of the comprehensive plan would Involve the City Council and the Planning and
k Zoning Commission partnering with the DISD and looking at issues affecting all entities.
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Council Member Cochran asked if the School District had any growth projections,
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April 17, 1978 I
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Superintendent Albert Thomas stated that the figures they had were around 3 percent, I
School Board Trustee Alexander state! it would be interesting to put forecasted population figures
with estimated student growth rates.
Hill stated the alternate development scenario would be selected sometime in June and it would
become the growth management basis. The comprehensive plan would be completed sometime
in the fall of 1999.
3. Victor Baxter with Schrickel, Rollins and Associates, Inc. reported on the master plan for
the Northeast Community School/Park Site. The i20-acre site was located at Stuart, Loop 288,
and FM 428.
Baxter presented two land use plans. The site would have a middle school, elementary school,
natatorium, high school stadium, city aquatic park, city park land, and R.O.W. dedication. Land
Use Plan 1 emphasized shared open space and Land Use Plan 2 emphasized shared parking. Both
scenarios created a campus-like atmosphere.
Council Member Beasley expressed concern about access to Stuart Lane. p
Baxter stated there were grade level intersections on both slJes so there would be access to both
sides.
Council Member Kristoferson staled an issue not to be ignored was that if this facility would go
in, there would be citizens from southern Denton upset because the location of recreational
facilities now were mostly in northern Denton.
4. Deputy City Manager Rick Svehla reported on development activity since 1997.
Preliminary plats indicated developments moving through the process - approved or not approve!.
Final plats indicated that the lots were on the ground and building permits could be issued or have
1 been issued. Units constructed ind:cate completed projects.
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Ray Braswell, Associate Superintendent, reported on development activity within the school
districts
President Schaake stated that planning efforts of developments should continue to be coordinated
between the City and the School District. 4
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Mayor Miller stated that the City would have to look at a different kind of development than what 0
it had been accustomed to - such as a planned development with smaller lots with expensive homes
- and how to fund the parks and school sites. New devf iopments would look at what the City was
going to provide.
Council Members Young and Cochran left the meeting. if
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April 17, 1998
Page 3
5. City Manager Benavides stated Cie City would begin planning for the next bond election
to be held in 1999. A Citizens Advisory Committee would be appointed by Council to study the
needs of the City and formulate the next five-year plan for capital improvements.
Superintendent Thomas stated that the School District would be looking at selling $35-40 million
in bonds. He pointed out the need for 6-10 additional elementary schools over the next 6-8 years
and a possible site for a third comprehensive high school on 2181. He stated the City and School
District needed to be deliberate in diversifying the tax base.
School Board Trustee Alexander suggested the City and School District move toward a joint bond
election.
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Superintendent Thomas stated if it was logical for the school to support the infrastructure and
infrastructure to support the school, then the voters needed to make that decision,
City Manager Benavides stated that the State was moving toward a more uniform election day.
6. Howard Martin, Assistant City Manager of Utilities presented an overview of
implementing impact fees. Phase I Included water and wastewater n ntment facilities. This would `
be brought to the Council in Ociober. Phase 11 would include en. cling fees to recover costs
associated with water distribution and wastewater collection lines, h,td roadway and drainage
improvements. Phase 11 would be developed by the end of 1999.
Duncan Associates prepared an analysis on school impact fees. The State of Texas did not provide
for enabling legislation to implement impact fees for school facilities.
Council Member Kristoferson stat.,d that Senator Nelson's office and Senator Haywood`a office
would be happy to meet with Denton to look at this.
School Board Trustee Woolfolk slated this was an issue that needed to be taken care of by fall so
it could be on the legislative agenda.
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Mayor Miller stated the need to explore other avenues for school funding for revenue sources at
the state level. Not everything could be achieved at the local level.
President Schaake suggested Benavidcs and Thomas put together a small task force of City and
School District officials to look into this and work on a proposal to lobby for,
7. a. City Manager Ted Benavides stated the need for an updated joint use agreement O
between the City and School District. Possible revisions would include collaboration of services,
land use, buildings, coordination of future joint efforts, etc.
Superintendent Thomas stated the need to determine joint use and Joint responsibility.
School Board Trustee Alexander suggested forming a joint task force to work on redrafting the
joint use agreement,
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City of Denton City Council Minutes
April 17, 1998
Page 4
Benavides stated that Svehla and Braswell were presently working on this.
b. Barbara Fisher of the DISD presented the School Resource Officer Program that was
being developed jointly by the City and the DISD. She stated there was grant money available for
one resource officer.
Mike Jez, Assistant City Manager of Operations, stated that the officer would be a veteran officer.
The resource officer would actually be a uniformed, bike patrol officer. The officer would
primarily have an enforcement role as it related to statutes not school policy. There would also
be an educ 4tional component. The officer would spend some time in the classroom on approved
educational programs and be involved in extracurricular activities associated with that campus.
let stated that the chain of commane needed to be very clear at the inception of the program. He
suggested that a written agreem-m be drafted to Include the job description, chain of command,
and lines of responsibility.
Superintendent Thomas stated that moicy would be available to expand the program. The City
and School District aceded to have a char understanding of where the program would be in five
years.
School Board Trustee Alexander stated that if the only reason to do this was because a grant
opportunity existed, then it should not be done. If the reason to do this was because it was the
right thing for this community, then go forward and make it work and make it work successfully.
He felt there was an opportunity to do some god..
Mayor Miller stated that a long-range plan ne ded to be developed and how this would affect the
police department and th; budget.
Jez stated funding issues needed to be exploi ed to Include the DARE program in joint discussions.
c, Howard Martin, Assistant City Manager of Utilities, reviewed the Elm Fork Nature
" Project. Part of the project would include an environmental restoration project of 609 acres and
i the construction of two wetland cells totaling 98 acres.
Dalton Gregory with the DISD presented a proposal for a joint venture between the DISD and the
City for an Outdoor Education Center to be included in the Elm Fork Project, The Outdoor
Education Center would provide a gateway for people to come in and decompress from the urban
environment and learn how to walk along the nature trail and understand what they were seeing.
It would also provide a convenient location for day or half-day field trips for school groups. 0
Martin and Gregory would continue to work together on this project.
8. Linda Ratliff, Director of Economic Development, reviewed the tax abatement policy. She
;tared Council and DISD Board members gave direction to make It more strict but flexible. The
minimum valuation threshold has been increased from $S million to $10 million. The new policy i
provided some flexibility in the percentage of abatement granted. The policy had a 15% to 23%
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City of Denton City Council Minutes '
April 17, 1998
Page 5
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base percentage and allowed for additional increments of 5% for certain project factors such as:
occupying a building that has been vacant for at least two years; creating high-ski] led, high-paying
jobs; involving a partnership with one of the universities in Denton; donating public art to the
community, etc. The maximum percentage of tax abatement would be M%. l
Mayor Miller commended staff on t rc tax abatement policy they had developed. E .
President Schaake stated the ataff des .rved high praise for the policy they had developed.
91 Rick Svehla, Deputy City Mana3er, reviewed Council's rrquest of movin3 truck traffic off
Highway 380. He stated that approval had not been received yet from TxDOT. {
10. Mayor Miller and President Schaake presented Euline Brock, Mayor No Tem, with a
plaque commending her dedication to the City Council and the community. E
President Schaake suggested the next quarterly meeting be a regular meeting. The meeting after
the next regular meeting could be a long afternoon session. She suggested having a luncheon
meeting twice a year and a long afternoon session twice a year.
It was determined that July 13th would be the date for the next meeting.
,
With no further business, the meeting was adjourned at 4:25 p.m. j
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JACK MILLER
MAY')R
CITY OF DENTON, TEXAS
f A JANE RICHARDSON ,
DEPUT." CITY SECRETARY E
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
April 21,1998
Aftsr determining that a quorum was present and convening in an open meeting, the City Council
conven-l in a Closed Meeting on Tuesday, April 21, 1998 at 5:45 p.m. in the Council Work Session
Room at City Hall,
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasle,1, Kristoferson,
Cochran, Young and Durance. j
ABSENT: None j
1. The Council considered the following in Closed Meeting:
A. Conference with Employees-Under TEX. GOVT. CODE Sec. 551.075. The
Council received information from employees or questioned employees during a staff
conference or briefing, but did not deliberate during the conference.
The Council convened into a Regular Meeting on Tuesday, April 21, 1998 at 7:00 p.m, in the Council
Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
1. Pledge ofAliegiance
C
The Cov,111 and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
PRESENTATIONS/AWARDS
2. Proclamations
Mayor Millcr presented the following proclamations:
Week of the Yojng Child
t , Fair Housing Morth
Arson Awareness Week }
TWU Gymnastics Day
1 Youth Week
{ Drinking Water Wvk !
CITIZEN REPORTS
3. The Council received a report from Sharon Dubcak regarding flooding of Audra 2states
Subdivision when it rained and the illegal issuance of building permits by the Building Inspections
Department,
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City of Denton City Council Agenda
April 21, 1998
Page 2 1
Ms. Dubcak stated that to dale there had not been much rain and it looked like there was not a
problem. But there was a problem with drsinage in the area. Even after installing a drain there was
still a problem with drairlgc in the area. 51te wished the City would monitor the problem and
inspect the area after a heavy rain.
4. The Council received a report from Dessie Goodson regarding "justice delayed, justice
denied."
Ms. Goodson was not present at the meeting,
5. The Council receive a report from Ross Melton regarding hypocrisy, subversion, principles,
and idealism.
Mr. Melton was not present at the meeting.
CONSENT AGENDA
Council Member Cochran,:i•ed that Item #13 be pulled for separate consideration.
Beasley motioned, Brock seconded to approve the Consent Agenda and accompanying ordinances
except for Item # 13, On roll vole, Beasley "aye", Kristoferson "aye" , Cochran "aye", Durrance "aye",
Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
6. NO. 99-104
AN ORDINANCE ACCEPTING COMPET11 Iv'E BIDS AND AWARDING A CONTRAC.
FOR THE PURCHASE OF A SUBSTATION CONTROL HOUSE AND SWITCHGEAk
ASSEMBLY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (Bid #2180 - Locust Street Substation Phase Ill
Control House and Switchgear in th_ amount of $232,934.00 awarded to Powell Industries)
7. NO. 98-105
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDINGZ A CONTRACT
• FOR THE PURCHASE OF ELECTRIC SUBSTATION STEEL, SWITCHES AND BUSS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE, (Bid 01181 Locust Street Substation Phase III Steel, Switches and
Buss oa iii; amount of $46,977.00 awarded to Clark Corporation)
8. NO. 98-106
•
AN ORDINANCE OF THE CITY Of UEN70N, TEXAS AUTHORIZING THE CITY
MANAGER OR HIS DESIGNATE TO EXECUTE AGREEMENTS WITH N. HARRIS
COMPUTER CORPORATION, RELATED TO THE ACQUISITION, LICENSURE AND
MAINTENANCE OF COMPUTER EQUIPMENT, SOFTWARE AND SUPPORTING
INFORMATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR IN AN
AMOUNT NOT TO EXCEED $300,150; AND PROVID[NO FOR AN EFFECTIVE DATE.
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City of Denton City Council Agenda
April 21, 1998
Page 3
9. NO. 98-107
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR GENERAL CONS'T'RUCTION AND RENOVATION OF THE DENTON
MUNICIPAL CENTER AND CITY HALL-PROJECT 11; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
(Bid #2184 - General Construction and Renovation of the Denton Municipal Center and City
Hall-Project 11 in the amount of $1,065,587.00 awarded to DBR Construction Company)
10. NO. 98-108
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE
CITY OF DENTON AND BINKLEY AND BARFIELD, INC. FOR THE ENGINEERING
DESIGN OF MODIFICATIONS TO CENTRAL FIRE STATION TRUCK BAY FLOOR,
CONCRETE DRIVEWAYS AND SOUTH RETAINING WALL IN THE AMOUNT OF
$31200; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Proposal #2151 - Ccniral Fire Station Truck
Bay Modification-Binkley and Barfield, Inc. in the amount of $31,200,00)
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11. NO. 98-109
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT FOR NETWORK CONSULTANT in1URMATION SERVICES
ENTERPRISE NETWORK DESIGN BETWEEN THE CITY OF DENTON AND NTCS,
INC.; PROVIDING FOR AN INCREASE IN THE QUANTITY OF WORK PERFORMED
AND AN INCREASE IN THE CONTRACT AMOUNT; AND PROVIDING AN
EFFECTIVE DATE, (RSFP #1970 - Network C, nsuitant Information Services Enterprise
Nct~%ork Design awarded to NTCS, Inc. in the amours. of $241,5(81.00; Change Oder #I in the
amount of $47,500.00; new contract amount is $289,000.00)
12, NO, 98-110
AN ORDINANCE AMENDING SECTION 10.128 OI ARTICLE VI OF CHAPTER 10 OF
1 • 7 HE CODE OF ORDINANCES OF THE CITY OF VENTON, TEXAS, TO PROVIDE FOR
A CONTINUATIONOF THE QUAL1171CATION PERIOD FOR SEEKING PAR -iAL TAX
EXEMPTIONS FOR DESIGNATED HISTORIC SITES TO THE YE. .R 2008;
PROVIDING OWNERS THAT QUALIFY FOR A DESIGNATED HISTORIC SITE
FIFTEEN (15) YEAES OF PARTIAL TAX EXEMPTION; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING
• FOR AN EFFECTIVE, DATE,
O •
PUBLIC HEARINGS
14. The Council held a public hearing inviting citizens to comment on the City of Deuton's 1998
Action Plan for llousing and C'ommuniry ben elopmenr.
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City of Denton City Council Agenda
April 21,1998
Page 4 j
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Barbara Ross, Community Development Administrator, stated that public comment would be
received on the 1998 Action Plan for Housing and Community Development. Last week the
Community Development Advisory Committee Chair and Human Services Committee Chair
presented their recommendations to Council. The General Fund recommendations made by the
Human Services Committee were included in the Action Plan document only as recommendations
to be considered by Council at a later date.
The Mayor opened the public hearing.
Chat:^s Stafford, President of the Board of Directors of the Children's Advocacy Center, stated that
a cooperative effort was started several years ago to investigate severe child abuse cases in a
different manner. Lest year the agency served 200 children. He asked the Council to increase the
amount of funding recommended for the Agency by the Humat Services Committee.
Jim Brown stated that the Advocacy Center was a much needed program in the City of Denton. A
second look was needed to consider giving more funding to the Advocacy Center. He requested
additional consideration for this agency for increased funding.
Council Member Young stated that the Center dealt with countywide children, He questioned what
type of County funding the Center was receiving.
Brown stated that the Center's entire budget was $310,000, The $20,000 given by the City was
only 630,10 of the total budget. The number of Donlon citizens served at the Center was 38%.
Heather Rattan stated that as an Assistant D,A. for Denton County, every dollar given to the
Advocacy Center was a dollar well spent. The Center was a strong step in establishing rights for
victims of child abuse. It established a place where a child could go when abuse happened. There
the child would only have to tell his story one time on a videotape and not have to tell the story
many limes. She asked for additional funding for the Center.
Emily Field stated that even though the Advocacy Center was located in Lewisville, the City of
Denton was its highest client. The Center was formed at the request of area cities to help child
victims of child abuse, She asked for reconsideration of the recommendation made regarding their
funding.
Melanie Barry stated that the goal of the Advocacy Center was to secure s permanent place for
childr~n of child abuse. They now had 12 months to permanently secure a safe hotne for ahild abuse
cases. The Center helped with cases In order to secure homes for the children of child abuse,
ri Sherri Gideon, Denton County Friends of the Family, thanked the Council for its continued support
i 0 of the agency, 0 •
Raymond Redmon stated that he was in support of the Children's Advocacy Center, The City
needed to be more of a leader with these types of centers, The City should use its platform as a
leadership position for these centers.
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April 21, 1998
Page 5
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The Mayor closed the public hearing.
15. The Council held a public hearing regarding the proposed annexation of a 30.32 acre property
located in northwest Denton, north of Highway 77 near its intersection with Interstate 35 (A•76).
Dave Hill, Director of Planning and Development, stated that notice regarding this annexation had
been published per state law and a schedule approved. The second public heari,,g regarding the
annexation and proposed zoning for the property would be May 12th for Council and May 27h for the
Planning and Zoning Commission, The annexation was at the owner's request.
The Mayor opened the public bearing.
No one spoke during the public hearing.
I
The Mayor closed the public hearing,
ITEMS FOR INDIVIDUAL CONSIDERATION
Item 413 was considered:
13. The Council considered approval of a resolution approving an agreement and resolution of the
City of Denton Industrial Development Authority with respect to the issuance of bonds for Mayday
Manufacturing Compwy, Inc.
Council Member Cochran felt that this was a large amount of money for a program be was t,ot
familiar with. lie asked for an overview of the program with an explanation of what was being
done e. Ed the responsibilities of the City for a potential default.
Ted Ilrizzolara, McCall, Parkhurst and Horton, slated that this wwt the Itth bond which the
Authority had done. This would be a private loan for tax exemption purposes. There was no city
money involved. The State statute required that the City approve the action of the Authority. The
City would not be liable for any payments ou the bonds.
A
` Council Membcr Cochran asked about requirements to he able to receive this typ: of loan,
Srit/olara stated that it had to be a manufacturing project, could not be a large project (leas than $10
million), and must have an allocation of the State cap,
The following resolution was considered:
• NO. R98-017 0 •
A R1-.SOLUTION APPROVING AN AGREEMENT AND RESOLUTION OF THE CITY
OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY WITH RESPECT TO THE
ISSUANCE OF BONDS FOR MAYDAY MANUFACTURING COMPANY, INC.
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City of Denton City Council Agenda
April 21, 1998
Page 6
Brock motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye', Durrance "aye", Young "aye', Brock "aye", and Mayor Miller
"aye". Motion carried unanimously.
16. The Council considered a resolution relating to the issuance of obligations by the North Texas
High-r Education Authority, Inc,; approving the issuance of such obligations and the use of the
proceeds of such obligations; and making certain findings in connection therewith.
The following resolution was considered:
NO. R98.18
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO
THE ISSUANCE OF OBLIGATIONS BY NORTH TEXAS HIGHER EDUCATION
AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND
THE. USE OF THE PROCEEDS OF SUCH OBLIGATIONS; AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH.
Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye",
1
Kristoferson "aye", Cochran "aye", Durance "aye", Young aye", Brock "aye", and ayor Miller
"ayc'. Motion carried unanimously.
17. The C.,uncil considered adoption of an ordinance calling a public hearing on land use
assumptions related to the possible adoption of water and wastewater impact fees in accordance with
Chapter 395 of the Local Government Code, requiring the City Secretary to post notice of the public
hearing and to provide additional notice of the public hearing as set forth in the body of this ordinance,
and providing an effective date.
Jill Jordan, Director of WaterlWastewatcr Utilities, stated that this was notice to hold a public
hearing regarding Impact fees. The Advisory Committee would soon be looking at the land use
assumptions. The Council would be briefed on those assumptions at its next meeting.
The following ordinance was considered:
• NO.98.11 l
AN ORDINANCE CALLING A PUBLIC HEARING ON LAND USE ASSUMPTIONS
%ELA1 ED TO THE POSSIBLE ADOPTION OF WATER AND WASTEWATER IMPACT
FEES IN ACCORDANCE WITH CHAPTER 393 OF THE LOCAL GOVERNMENT
CODE, REQUIRING THE CITY SECRETARY TO POST NOTICE OF THE PUBLIC
• HEARING AND TO PROVIDE ADDITIONAL NOTICE OF THE PUBLIC HEARING AS 0
SET FORTE! IN THE BODY OF THIS ORDINANCE, AND PROVIDING AN EFFECTIVE
BATE.
Kristoferson motioned, Brock seconded to adopt the ordinance. On roll vole, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye', Young "aye", Brock "aye", and Mayor Miller
"ayc", Motion carried unanimously,
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City of Denton City Council Agenda
April 21, 1998 E
Page 7
18. The Council considers adoption of an ordinance authorizing lease amendment No. I to the
lease between the City of Denton and Greater Denton Arts Council, Inc, dated September 1, 1981
relating to the warehouse and machine shop and electric diesel plant located on Hickory Street at its
intersection with Bell Avenue. (The GDAC Board of Directors recommended approval.)
Betty Williams, Assistant to the City Manager, stated that on September I, 1981 the City and the
Greater Denton Arts Council entered into a lease for two pieces of property - the Center for the Visual
Arts and the old electric steam plant. At the Jaw,.ry 1998 meeting of the Arts Council, the Executive
Board voted to relinquish ownership of the plrt back to the City.
Council Member Beasley asked why the Arts Council would want to give up the property.
Herbert Holl, Executive Director of fete Greater Denton Arts Council, staled that the Arts Council was
not giving up on the idea of an arts corridor but without a specific plan or idea for the facility it was
N11 that the Arts Council might be holding back on the development of the building.
The Following ordinance was considered:
NO. 98-112
AN ORDINANCE AUTHORIZING LEASE AMENDMENT NO. I TO THE LEASE
BETWEEN THE CITY OF DENTON AND GREATER DENTON ARTS COUNCIL, INC.
DATED SEPTEMBER 1, 1981 RELATING TO THE WAREHOUSE AND MACHINE
SHOP AND ELECTRIC DIESEL PLANT LOCATED ON HICKORY STREET AT ITS
INTERSECTION WITH BELL AVENUE,
Beasley motioned, Brock seconded to adopt the ordinance. On roil vote, Beasley "aye", Kristoferson
oyc', Cochran "aye", Durranco "aye", Young "aye", Brock "&)c", and Mayor Miller "aye„• Motion
carried enanimously,
19. The Council considered adoption of an ordinance of the city of Denton, Texas authorizing the
release of a special paving assessment lien arising under Ordinances No. 61.16, 61.21, and 61.24
respecting the real property commonly known m 724 Driftwood Trail, Denton, Denton County, Texas;
" ' authorising the Mayor to execute said release; and providing for an effective date,
Herb Prouty, City Attorney, staled that this was another in a long ►•erice of paving liens
recommended for release.
i
The Following ordinance was considered:
i'• NO. 98•I13 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE RELEASE
OF A SPECIAL PAVING ASSESSMENT LIEN ARISING UNDER ORDINANCES NO.
61-16,61-22, AND 61.24 RESPECTING THE REAL PROPERTY COMMONLY KNOWN
AS 724 DRIFTWOOD TRAIL, DENTON, DENTON COUNTY, TEXAS; AUTHORIZING '
THE MAYOR TO EXECUTE SAID RELEASE; AND PROVIDING FOR AN EFFECTIVE
DATE.
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City of Denton City Council Agenda
Apri 121,1998
Page 8
Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson
"aye", Cochran "aye', Durrance "aye', Young "aye", Brock "aye", and Mayor Miller "aye". Motion
w
carried unanimously.
20. The Council considered adoption of an ordinance authorizing the Mayor to sign an Interlocal
Cooperation Agreement for road improvements between the City and the Denton Independent School
District to provide for the widening of Mayhill Road from Mills Road to McKinney Street and related
improvements; and providing an effective date.
The following ordinance was considered:
NO. 99-114
AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL
COOPERACION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY
AND THE DENTON INDEPENDENT SCHOOL DISTRICT TO PROVIDE FOR THE
WIDENING OF MAYHILL ROAD FROM MILLS ROAD TO MCKINNEY STREET AND
RELATED IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance, On roll vote, Beasley "aye", Kristoferson
"aye', Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion
carried unanimously.
21. The Council considered nominationslappointments to the City's Boards and Commissions.
Council Member Durrance had nominated Steven Posen to the Kecp Denton Beautiful Board at a
prior meeting. On roll vote, Bcuslcy "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye", and Mayor Miller "aye", Motion carried unanimously.
Council Member Bcaslcy had nominated James Taylor to the Sign Board of Appeals at a prior
meeting, On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young
"aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
' 22. Miscellaneous matters from the City Manager. j
City Manager Benavidcs did not have any items for Council.
23. Ncw Busincss
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The foli wing items of New Busincss were suggested by Council Members for future agendas,
• O
A. Council Member Young asked that the area around the concrete plant be cleaned up •
' and maintenance done in the area,
24. There was no continuation of the Cioscd Meeting under Sections 331-071-531.085 of the
Texas Open Meetings Act,
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City of Denton City Council Agenda .
April 21, 1998
Page 9
25, There was no official Action on Closed Meeting items held under Section 551-071-551.085 of
the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 9:00 p.m. I ; +
e
JACK MILLER, MAYOR ~
CITY OF DENTON, TEXAS i
r is
? JENNIFER WALTERS
Y i' CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
April 28, 1998
Afler determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, April 28, 1998 at 5:15 p.m. in the City Manager's
Conference Room.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: Nono
I, Closed Meeting:
A. Consultation with Attomey-Under TEX. GOVT, CODE Sea 551.071
L Considered strategy and discussed status of case with City Attorney in
litigation styled Denton County Historical Museum, Inc. v. Denton County,
Texas and City of Denton, Texas, et at, Cause No. GC-98-MS -C filed in
the Probate Court of Denton County, including, but not limited to issues
related to allegations of breach of contract and ownership of artifacts.
B. Conference with Employees - Under TEX. GOVT. CODE Sec. $51.075. The
Council received information from employ-es during a staff conference or briefing,
but did not deliberate during the conference.
1 he Council convened into a Special Called Meeting on Tuesday, April 28, 1998 at 6:00 p,m. in the
Council Work S ion Room at City Hall, j
PRESENT: Mayor Nlillcr; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durraice
.i
ABSENT: None
1. The Council considered approval of a resolution to declare the intent to reimburse
expenditures from unrescmcd retained earnings of the ficcl services fund with certificates of
obligation bonds; and providing an effective date.
Kathy DuBose, Assistant City Manager for Finance, sldted the fuel storage island at Fleet Services
had to be replaced to meet regulations enacted by TNRCC. These regulations had to be completed
! by December 1998. Funds from the Fleet Services unretained earnings would be used and
reimbursed with ccrtiflcaics of obligation next year.
The following resolution was considered:
• a
NO. R9B•019
A RESOLU110N TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FROM UNRESERVED RETAINED EARNINGS OF THE FLEET SERVICES FUND
WITH CERTIFICATES OF OBLIGATION BONDS; AND PROVIDING AN
EFFECTIVE DATE. j
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April 28, 1998
Page 2
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Brock motioned, Beasley seconded to approve the resolution, On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller
"aye". Motion carried unanimously.
2, The Council considered adoption of an ordinance approving an interlocal agreement
between the City of Denton, Texas, and Texas Woman's Uniwrrsity to provide funding for the
construction of off-street parking to replace parking lost by the expansion of U,S. Highway 380 and
ajogging trail; authorizing the Mayor to execute the agreement; approving the expenditure of funds
therefor; and providing an effective date.
Rick Svehla, Deputy City Manager, stated that the City had been working with TWU for a year to
help mitigate the changes the reconstruction of Highway 380 would entail A substantial amount of
parking would be removed from TWU and this agreement would provide a number of spaces and a
jogging trail with park.
The following ordinance was considered:
NO.98-11 S
AN ORDINANCE APPROVING AN 1NTERLOCAL AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS, AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE
FUNDING FOR 111E CONSTRUCTION OF OFF-STREET PARKING TO REPLACE
PARKING LOST BY THE EXPANSION OF U.S. 111(jl"WAY 380 AND A JOGGING
TRAIL; AUTHORIZING THE MAYOR TO EXECUTE THE .AGREEMENT; j
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
i
Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristofcrson "aye", Cochran "ayc", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller
"aye". Metioncarriedunanimously.
3. the Council considered adoption of an ordinance of the City of Denton, Texas amending
Chapter 10 "Finance and Taxation" of the Code of Ordinances of the City of Denton by adding
• Article VII to provide for abating of the increase in the assessed value of historically significant
sites for tan purposes which results from appropriate repairs and renovation to historic buildings in
the downtown commercial district of the City of Denton; providing a severabilily clause; providing
a savings clause and providing an effective dale. (Historic Lanrmark Commission recommended
approval 8-0; Downtown Development Advisory Board recomt:,endcd approval 7.0)
• Dcnisha WillLims, Main Street Manager, stated that this ordinance was revised slightly since thr ~ • ~
y Council's review at the last Work Session, One substantial change was that if a building were
~y destroyed by a nalurai disaster there might not be c:,ough time for application for a building
permit or a demolition permit, so the time frame was extended for that situation.
The following ordinance was considered:
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City of Denton City Council Minutes
April 28, 1998
Page 3
NO. 98-116
I
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 10
"FINANCE AND TAXATION" OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON BY ADDING ARTICLE V11 TO PROVIDE FOR ABATING OF THE
INCREASE IN THE ASSESSED VALUE OF HISTORICALLY SIGNIFICANT SITES
FOR TAX PURPOSES WHICH RESULTS FROM APPROPRIATE REPAIRS AND
RENOVATION TO HISTORIC BUILDINGS IN THE DOWNTOWN COMMERCIAL
DISTRICT OF THE CITY OF DENTON; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE.
Coun"il Member Cochran asked that the boundary on South Elm be changed to match the
boundary on Locust Street.
Brock motioned, Cochran seconded to adopt the ordinance with the correction in the boundary
on South Elm. On roll vote, Beasley "aye', Krisloferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
4. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing
the City Manager to execute a first amendment to the professional service. agreement for
consulting services relating to the Denton Municipal Electric Utility with R. J. Covington
Consulting for professional services related to electric restructuring and deregulation; authorizing
the expenditure of funds therefor; and providing an effective date.
Sharon Mays, Direclor of Electric Utilities, stated that this contract would cover a number of tasks
dealing with electric deregulation. The first task would be to devise specifications on how to
purchase power from other entities.
1'he follo,Aing ordinaitee wus considered:
NO, 98.117
A
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
• MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING TO THE
DENTON MUNICIPAL ELECTRIC UTILITY WITH R. J. COVINGTON
CONSULTING FOR PROFESSIONAL SERVICES RELATED TO ELECTRIC
RESTRUCTURINO AND DEREGULATION; AUTHORIZING THE EXPENDITURE i
OF FUNDS THLREFOR; AND PROVIDING AN EFFECTIVE DATE,
0 0 •
Krisloferson motioned, Uurrance seconded to adopt the ordinance. On roll tote, Beasley "aye",
Kristoferon "aye", Cochran "aye', Durrance "aye", Young "nay", Brock "aye", and Mayor Stiller
"aye', Motion carried with a 6.1 vote.
Following the completion of the Special Called :Meeting, the Council convened Into a Work
Session.
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City of Denton City Council Minutes
April 28, 1998
Page 4
1. Presentation by Council of Governments (COO) and the Dallas Regional Mobility Council
(DRMC) on transportation issues.
Vic Suhm, COO, presented a slide presentation regarding regional transportation issues in the
area. Factors contributing to growth in travel included continued population and employment
growth, a dramatic increase in growth in the suburbs, an increase in licensed drivers, an increase
in vehicle ownership and growth in drive alone travel time. Policy initiatives to ad&ess
congestion included advanced transportation management, revenue/policies to assist
implementation, land useltransport ttion coordination, travel demand management, and capacity
improvements. The solution included using technology to better manage the system, improve
and expand the system and change community behaviors and habits. The mobility plan included
many capita improvements for roadways and commuter/light rail transportation, Texas
transportation funding needs showed that 78% of Texas roadways were in need of repair or
modernization and Texas was rated first in the nation in the number of substandard bridges.
Factors contributing to a financial shortfall included the impact of inflation on fixed state and
federal gasoline tax, new automobile fuel efficiency standards, Texas federal gas lax donor
status, federal trust fund as part of the unified federal budget, federal gas tax diversion to balance
the budget, state transportation fund diversions and federal and state funding levels had not kept
pace. Potential federal and state strategies to address the funding shortfall included Increased
federal spending for transportation, the return to Texas of 95% of the Texas Federal Fuel tax
receipts, the stopping of the diversion of state transportation funds for non-transportation uses,
increased fees for heavy trucks, the collection of state motor fuel taxes at the refinery, rather than
at ct'stribution centers, the modifying of the state fuel tax structure to be a percentage of the fuel
price, and increased state motor fuels tax, motor vehicle registration and first-time vehicle
registration fees.
2r The Council received a briefing and held a discussion on land use assumptions for impact
fee implementation, and set a date for public advertisement of the land use assumptions.
Jill Jordan, Director of Water/Wastewater Utilities, stated that the land use assumptions were
required as part of the procedures for enacting impact fees. The Advisory Committee
recommended the land use assumptions for Council consideration. Council had already passed
and approved the holding of a public hearing for June 2nd to receive citizen comments on the
r assumptions, As part of the State regulations, an advertisement had to be placed tttree times in
the newspaper. The assumptions were based on the market forecast. The assumptions should be
rev cwcd every three years for correctness.
Consensus of the Council was to proceed with the public notice.
1 The Council received an update and held a discussion on the Chapman Lake (Cooper Lake) O '
water supply project (proposed UTRWD Lake Lewisville Pa-cs-Through Agreement).
Jill Jordan, Director of Water/Wastewater Utilities, stated that Denton was participating in a
cooperation agreement to approve a contract to allow the Upper Trinity Regional Water District
(UTRWD) to now their share of Lake Chapman water through Lake t,cwisville using the right
Denton had for storage, water yield and withdrawal permits. She reviewed the history of the
project as Indicated in the agenda back-up malerlals. This was a pass through agreement and not an
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City of Denton City Council Minutes
April 28, 1998
Page 5
intent to acquire storage rights or to impact water yield from Denton. Denton's utility staff had
requested the assistance of Freese and Nichols to evaluate this contract i• ,-Alec detail and provide
rocommendations to Denton on negotiating the terms and conditions of _,as a;; ^ment. Freese and
Nichols was still working on this evaluation and Denton's utility staff wa_ orepared to
recommend approval on the pass through agreement, Goals were to minimize the impact on
Deaon's water supply, not impact Denton's rights and make sure the quality of water into Lake
Lewisville would not adversely impact Denton's water quality, Two issues to consider would be
whether t - participate in the pass through agreement and if so, with what terms, A second topic
was whether to continue to participate in the Chapman project. The cost of the piltline was
approximately $60 million, Sources of raw water supply for the UTRWD now were unused City of
Denton Ray Robcns/Lewisville water and the City of Dallas. The temts for the pass-through
agreement as proposed by the UTRWD were: Denton would allow the UTRWD to pass water f
through Lake Lewisvi?le, UTRWD would seek a reuse permit with Denton and Lewisville
supporting the application, Denton would allow the UTRWD to pass reused water through Lake
Lewisville, UTRWD would pay Denton SM per thousand gallons for water passed through. There
would be no payment for Denton water from Chapman. The UTRWD would try to use or sell
excess Denton water from Lake Chapman, the price would equal the Dallas System raw water
price. 4NTun Lake Lewisville was in a flood state, the UTRWD would buy interruptible water from
Denton at a price equal to the Dallas interruptible price, accounting for watst would be annual or
monthly. Concerns with the proposed UTRWD operation included whether Irving and North
Texas MWD could read, an agreement on installing a larger pump at Chapman; with multiple
possible sources of water, who would the UTRWD actually buy water from and in what order;
would the UTRWD have enough capacity to peak off, pump more in the summer from the pipelines
from Lake Chapman without using Denton's storage in Lak: Lewisville; what would the UTRWD
do if deliveries were Interrupted; is the UTRWD water use forceast reliable enough for planning;
can Denton sell intcrtvpl,ole supplies to UTRWD when Lake Lewisville was in a flood stage and if
so, how much and under what terns would Denton sell interruptible water; would Dallas be
comfortable with the proposed operation; and what would be the financial impact to Denton to
participate or not in the Chapman Projeur
hdayor Miller asked about the relationship between the pass through and the pipeline,
-44 f.
Jordan stated that the pass through was the next phase in the pipeline.
Mayor Miller wanted to make sure that the agreements did notjeopardize Denton's storage.
Consensus t' tie c, ouncil was to continue with the preparation of the proposed contract.
` 4. The Council received a report, held a discussion, and gave staff direction regarding an
official City of Denton, Texas map ftnt indicates the locations and boundaries of the drug-free
zones as outlined in the Texas Ncalth and Safely Code ¢481,134 and 4491.135,
Scott Jenkins, Denton Police Department, stated that in 1993 the State legislature adopted a law that
established drug free zor es. These zones were buffer zones of 1000' around schools, educational
facilities, playgrounds, turd daycare centers. The zone extended 300' around youth centers and
arcades, To be able 0 enforce that law, the ('try would have to adopt An official map that
designated and showed he locations within the City es well so the buffer torts.
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City of Denton City Council Minutes
April 28, 1998
Page 6
Council Member C, lance expressed a concern that part of the boundaries of the zones were along
highways. He questioned if the zones would apply in such a case,
City Attorney Piouty stated that he had not looked into that but would do so. There were still some
Constitutional questions ttat needed to be examined.
Con3.,isus of the Co,_-rl viva to proceed with the program and the examination of pending legal
questions.
3. The Council rec.ivcd a presentation from Dennis Wilson and held a discussion regarding
design standards used by municipalities to enhance community aesthetics and image.
Dave Hill, Director of Planning and Development, stated that this was the fourth presentation
regarding the overal development process.
Mr. Wilson preset ted a slide presentation regarding design standards used by municipalities to
enhance commun ky aesthetics and image,
6, The Councl received a report and provided direction to staff regarding the preliminary
approach to a comdor ordinance,
Dave Hill, Mrwor of Planning and Development, presented a schedule for proceeding with the
consideration of a corridor ordinance. The ordinance would be completed by mid-June and staff
needed feedback regarding the classification system for the corridors and identification of issues for
spcct^c topics, The Small Area Planning section was working on this project as a small area plan.
The classification system showed a three-pan hierarchy of roadways, The differentiation of the
roadways was based on size, volume and type of access. Entranceways were not limited-access
facilities and were accessed directly off entranceways and rural roadways. Rural roadways were
Icss developed roads. The urban area within Loop 288 and 135 was not designated as a specific
corridor because if were designated as a corridor thse would be a more urbanized development
pattern.
Mayor Miller fell that Highway 380 might need to be added as an entranceway.
Council Member flcasley asked why Mayhill Road was not included.
Hill replied that it had a potential to be major traffic mover in the kiture. Issues associated with the
corridors included screening, architectural design, parking layout, site access, traffic eirculdion,
signage, and landscape setback, The proposal was not ready for the development of an ordinance
• but staff wanted to present the basic Issues to Council f
Council Member Cochran asked if staff had any examples of scenic easements that might be
included in the ordinance.
Hill statrl that to date standards for scenic easements from other cities had not been located.
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April 28, 1998
Page 7
Council Member Durance expressed concern with the types of screening that would be allowed.
He would be in favor of a more natural type of screening
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Consensus of the Council was to continue with the development of the proposal.
7. The Council received a presentation, held a discussion, and provided instructions to staff
regarding the public review schedule for the Alternative Development Scenarios, wh,*ch have been
prepared to allow community examination of &y growth management options.
Dave Hill, Director of Planning and Development, stated that the Denton Plan process included a
stage devoted. to forecasts of population growth and land use demand. This stage also entailed an
e-aluatior. of the fiscal impacts that would be envisioned in providing public services to new
residents vtd previously under developed land. The plans did not reflect existing land use. These
were typic,d development patterns given these types of development options. These were options
for development on how the City viewed development.
Council Member Cochran suggested enhancing the questionnaire with a narrative explanation
regarding the implications and why it was important. He suggested using advertising eaeh month
to prewu the proposal in easy language.
Representatives from HOK presented four altemaave development scenarios for (1) corridors, (2)
urban centers (3) neighborhood centers and (4) compact growth. The scenarios described the
potential growth management options that were commonly used by cities throughout the United k
States. Details were presented in the agenda back-up materials. I
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Council held a discussion regarding the various scenarios presented. E
Consersus of the Council was to continue with the public meetings and to include an extra meeting
to be held in southeast Denton,
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8. The Council received a report and held a discussion regarding annexation and public service
M extension policies to areas currently outside the City of Denton municipal limits, a
• This item was not considered.
With no further business, the mating was adjourned at 1120 p.m.,
• JENNIFERWALTERS JACK MILLER Q •
CITY SECRETARY MAYOR
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
May 5, 1998
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a Closed Meeting on Tuesday, May 5, 1998, at 5:4'i p.m. in the Council
Work Session Room at City Hall.
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PRESENT: Mayor Miller; Mayor Pro Tent Brock; Council Members Beasley, Krisloferson,
Cochran, Young and Durrance.
ABSENT: None
L The Council considered the following in Closed Meeting:
A. Met with City Attorney to consider strategy, discuss status, appointment of a
representative fir possible mediation, and possible settlement at.thority in litigation
styled Denton County Historical Museum, Inc. Denton County, Texas and City of
Denton, Texas, et at., Cause No. GC-98-0098•C filed in the Probate Court of Denton
County, including, but not limited to issue, related to allegations of breach of contract
and ownership of artifacts.
The Council convened. in!o a Regular Meeting on Tuesday, May 5, 1998 at 1:00 p.m, in the
Council Chambers of City Hall.
PRESENT: Mayor Miller, Mayor Pro Tcm Brock; Council Members Beasley, Kristoferson,
Cochran, Your 1 and Durrance,
ABSENT: None
1. Pledge of Allegiance
`f he Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
2. The Council considered adoption of an ordinance canvassing the returns and declaring
the results of The regular municipal election held in the City of Denton on May 2, 1998.
Jennifer Walters, City Secretary, read the results of the election for Council consideration.
The following ordinance was considered:
NO. 98- 118
• AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF TI;E REGULAR MUNICIPAL ELECTION HELD IN THE CITY OF
DENTON ON MAY 2, 1998; AND PROVIDING AN EFFECTIVE DATE.
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May 5, 1998
Page 2 j
Brock motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye', Young "aye", Brock "aye", and Mayor Miller
"aye". Motion tamed unanimously.
3. Oath of Office administered to newly elected Council Members.
Jennifer Walters, City Secretary, administered the oath of office to Roni Beasley, Council
Member At-Large-Place 5; Mark Burroughs, Council Member At-Large-Place 6; and Jack
Miller, Mayor.
4. The Council considered a resolution of appreciation for Mayor Pro Tem Brock.
Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye",
Kristoferson "aye', Cochran "aye', Durrance "aye", Young "aye", Burroughs "aye', and Mayor
Miller "aye". Motion carried unanimously.
5. The Council held an election for a Mayor Pro Tempore.
Council Memhcr Kristoferson nominated Roni Beasley for Mayor Pro Tem.
Durrance motioned, Kristoferson seconded to cease nominations. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye', Burroughs "aye", and Mayor
Miller "aye". Motion carried unanimously.
On roll vote to nominate Roni Beasley as Mayor Pro Tempore, Beasley "aye", Kristoferson "aye", I
Cochran "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion
carried unanimously.
6. Miscellaneous matters from the City Manager.
The City Manager did not hate any items fur the Council
7. New Business
Therc were no items of New Business suggested by Council Members for future meetings.
81 There was no continuation of Closed Meetings . er Sections 551.071-551.085 of the
Texas Open Meetings Act. "
9. The following action was taken on Closed Meeting items held under Section 551.071• 0 ^
551,085 of the Texas Open Meetings Act:
Beasley motioned, Young seconded to appoint lack Miller and Neil Durrance as Council
representatives to mediate a settlement in litigation styled Denton County Historical Museum
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City of Denton City Council Minutes
May 5, 1998
q
Page 2
Inc, Denton County, Texas and City of Denton, Texas, et at., Cause No. GC-98-0098-C filed in
the Probate Court of Denton County, including, but not limited to issues related to allegations of
breach of contract and ownership of artifacts. On roll vote, Beasley "ayc", Kristoferson "aye, ;
Cochran "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion
carried unanimously.
With no further business, the meeting was adjourned at 7:50 p.m. Following the close of the
Regular Session, the Council attended a reception for outgoing Mayor Pro Tern Brock in the
Council Work Session Room.
F ;
JACK MILLER, MAYOR fi.
CITY OF DENTON, TEXAS i
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
May 12,1998
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a Closed Meeting on Tuesday, May 12, 1998 at 5:45 p.m. in the Council
Work Session Room at City Hall.
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PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Kristoferson
Cochran, Young and Durr we, i
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Consultation with Attomey-Under TEX. GOV'T. CODE Sec. 551,071 k
1. Met with City Attorney to consider strategy, discuss status, appointment of a
representative for possible mediation, and possible settlement authority in
litigation styled Denton County Historical Museum, Inc. Y. Denton County, I
Texas and City of Denton, Texas, et al., Cause No. GC-98-00098-C filed in
the Probate Court of Denton County, including, but not limited to issues
related to allegations of breach of contract and ownership of artifacts,
B. Confcrence with Employees-Under TEX. GOVT. CODE Sec. 551.075. The
Council received information from employees or question employees during a staff
conference or briefing, but did not deliberate during the conference.
The Council convened into a Special Called Meeting on Tuesday, May 12, 1998 at 7:00 p.m. in the
Council Chambers of City Hall.
PRESENT: Mayor Miller, Mayor Pro Tent Beasley; Council Members Burroughs, Kristoferson,
Cochran, Young and Durrance,
ABSENT: None
I. Pledge of Allegiance to the U.S, Flag and Texas Flag
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas a
flags. r
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• PRESENTATIONS/AWARDS j
{ 3, Proclamations
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Mayor Miller presented a proclamation for "Safe Boating Week."
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• 4. Yard of the Month Awards , O •
Mayor Miller presented the Yard of the Month Awards to: { 1
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Linda and Terry Schertz
Barbara and Ray Hams
John and Barbara lenkinson
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City of Denton City Council Minutes
May 12, 1998
Page 2
Ruby Henderson
Commercial Award - Applebee's, Commercial Award
Downtown Business Award • Bank building at comer of Hickory and Locust
CITIZEN REPORTS
5. The Council received a report from Mildred Hawk regarding trees.
Ms. Hawk stated that she was upset about a tree that had been cut down near her home. The
individual who cut down the tree did not have a permit nor did he have a plat filed. The following
day he obtained the pen-nit he needed and cut down that tree and other trees on the property. The
developer would be planting trees to replace the ones removed but they would be much smaller
than the ones removed. She felt there should be a penalty for the trees that were removed without a
permit.
Council Member Cochran asked for a detailed report regarding the incident.
Mayor Miller indicated that such a report was in the Council's mail but further information could
be obtained.
CONSENT AGENDA
Young motioned, Beasley seconded to adopt the Consent Agenda and the accompanying
ordinances, On roll vote, Beasley "aye", Krisloferson "aye", Cochran "aye", Durrance "aye',
Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously,
6. NO. 98.119
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A SUBSTATION CONTROL HOUSE AND
SWITCHGEAR ASSEMBLY, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2180 - Arco Substation
Phase H Control House and Switchgear in the amount of $226,550.00 awarded to Powell
Industries)
7. NO. 98-120
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE RELOCATION OF HOUSE FROM 1301 MYRTLE STREET,
DENTON, TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (Bid 02193 - Moving of House awarded to O {
Denton County Housemovers in the amount of $72,700.00)
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City of Denton City Council Minutes
May 12, 1998
Page 3
8. NO. 98-121
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE LEASE OF OFFICE SPACE; PROVIDING FOR THE
'QXPENDIIURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
(Bid #2198 - Lease of Office Space awarded to Ash Properties at $19,560.00 per year)
9. NO. 98-122
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR UNDERGROUND FUEL STORAGE TANKS AND FUEL ISLAND f
REPLACEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (Bid #2178 - Underground Storage Fuel
Tanks and Fuel Island Replacement in the amount or S176,817.00 awarded to Nor-Tex
Pump Co„ Inc.)
l0. NO. 98-123
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMEN'T'S FOR
INSTALLATION OF GABION STONE CHANNEL IMPROVEMENTS IN NORTH
PECAN CREEK AND WILLOW CREEK IN THE AMOUNT OF $208,080.00;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE, {Bid 02185 - Willow Crock/Good Samaritan Drainage awarded
to DBR Construction in the amount of S2(4,080.00)
11. NO. 98-124
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 91.255 PRESCRIBING THE NUMBER OF POSITIONS IN EACH
CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF
POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; PROVIDI. 0 A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING i
' AN EFFECTIVE DATE.
12, A TAX REFUND TO THE RINEY FAMILY TRUST, ACCOUNT #156326 IN THE I
AMOUNT OF 52,839.16. THE 1997 TAXES WERE PAID TWICE, ONCE BY ?AS. K.
L. RINEY, TRUSTEE, ON DECEMBER 15, 1997, AND ONCE BY THE PARTY
LEASING THE PROPERTY ON )ANUARY 28, 1998 RESULTING IN AN 1
OVERPAYMENT,
13. A TAX REFUND TO THOMAS MERRITT, ACCOUNT #175825 IN THE AMOUNT
OF S596.42, THE 1997 TAXES WERE PAID TWICE, ONCE BY MR. MERRITT ON
DECEMBER 1, 1997, AND ONCE BY HIS MORTGAGE COMPANY, NATIONBANC
MORTGAGE CO., ON DECEMBER 31,1997 RESULTING IN AN OVERPAYMENT,
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City of Denton City Council Minutes
May 12,1998
Page 4 3
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14. No. 98-125
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF , UBREY FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT;
AND PROVIDING FOR AN EFFECTIVE DATE.
15. NO, 98.126
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT j
PdTWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE
RAPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT;
AND PROVIDING FOR AN EFFECTIVE DATE.
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16. NO. 98-127
AN ORDINANCE PROVIDING FOR TIIE EXPENDITURE OF FINDS FOR
SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING
AN EFFECTIVE DATE. (Texas Industries for the Blind and Handicapped, Median and
Grounds Maintenar~e 521,525.00)
PUBLIC HEARINGS
17. The Council held a public heading and considered amending Specific Use Permit 211 (S-
211) to allow for an additional 0.788 acres within the approved SUP for a maximum of 0.867 acres.
The subject property was part of an 18-acre tract bounded by Bonnie Brae, Scripture, and Thomas,
and also known as McKenna Park (The Planning and Zoning Commission recommended approval !
7-0) (Z-98-015)
Mark Donaldson, Assistant Director for Planning and Development, stated that there was an
existing Specific Use permit at McKenna Park. The Electric Utilities Division had requested that
the permit be expanded to almost an acre. The site included the McKenna P%rk water tower and
associated buildings for that tower.
Council Member Cochran felt that there was a difference between what the Planning and Zoning
Commission had voted on and what was included in the proposed ordinance. His understanding
M that that the proposal was approti ed with the condition that the landscape ordinance would be in 0 •
effect. 'The proposed ordinance for Council consideration did not contain that condition.
Donaldson indicated that it should be included.
Council Member Cochran asked about the use of the tower and associated building. j
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City of Denton City Council Minutes
May 12,1998
Page 5
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Ray Wells, SuperintendenHSubstalions and Metering, stated that the City would install two 800
megahertz antennas. The associated building would occupy 200 square feet.
The Mayor opened the public hearing.
No one spoke during the public hearing.
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The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-128
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SPECIFIC
USE PERMIT #211 (S-211) ON .0791 ACRES, TO INCREASE THE ALLOWABLE
AREA WITHIN THE SPECIFIC USE PERMIT TO 0.867 ACRES OF LAND
LOCATED ON THE NORTH SIDE OF SCRIPTURE, BETWEEN BONNIE BRAE
AND THOMAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR P N EFFECTIVE
DATE.
Young motioned, Beasley seconded to adopt the ordinance with the amendment for landscaping.
On roll vote, Beasley "aye', Kristoferson "aye", Cochran "aye", Durrance "Aye", Young "aye"
,
Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously.
18. The Council held a public hearing and considered an amendment to the concept plan for
15.8 acres and approval of a de4'ted plan for 0.472 ac vs located in Planned Development 83 (PD-
83) zoning district to allow for a change in the peimitted use from Two Family on six lots to Single
Family-6 on three lots that are 6,000 square feet minimum (The Planning and Zoning Commission
recommended approval 7-0.) (Z-98-012, Audra Meadows)
Mark Donaldson, Assistant Director for Planning and Development, staled that PD83 was located
south of Audra Lane and west of Loop 288. The applicant wa:, asking to reduce the number of
housing units on the prope ly from Two-Family on six lots to Single Family -6 on three lots.
The Mayor opened public hearing,
No one spoke during the public hearing.
The following ordinance was considered:
NO. 98-129
a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 84.117 TO PROVIDE FOR A CHANGE IN THE CONCEPT PLAN FOR THE
PLANNED DEVELOPMENT (PD) NO. 83 ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION AND PROVIDING FOR APPROVAL OF A DETAILED
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City of Denton City Council Minutes
May 12,1998
Page 6
PLAN ON 0.472 ACRES; PROVIDINJ FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATPINS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
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Durrance motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Burroughs "aye', and Mayor
Miller "aye". Me ion carried unanimously.
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19. The Council held a public hearing and considered rezoning 3.491 acres located on the
northeast comer of Highway 377 and Hamilton Road from Agricultural (A) zoning district to j
Commercial Conditioned (C[c]) zoning district. The property was legally described as part of Tract
15 (in City) of the J. Severe Sumey (Abstract 116x), City of Denton, Denton County, Texas, The
applicant proposed to develop an office and retail center. (The Planning and Zoning Commission
rocommeMed approval 6-1 with conditions) (Z-98-002)
Mark Donaldson, Assistant Director for Planning and Development, stated that the request was
u, amend the zoning of this property from agricultural to commercial. During the process, a set
of conditions was developed for the proposal. The Planning and Zoning Cot, .nission considered
the request in March and was unsatisfied with the conditions discussed and requested that the
applicant meet with the neighbors and return at a later date. A neig; Mrhood meeting was held
March 31° with 13 residents attending. The Planning and Zoning Commission reconsidered the
request on Anril 8t6. The six conditions recommended by the Planning and Zoning Commission
were included in the agenda back-up materials.
Council Member Young asked what type of business would be located on the property.
Donaldso , slated it would b- a glass shop for residential and commercial properties. The
proposal was to make the building large enough for tenants.
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Burroughs asked how this zoning N in the Denton Plan Policy.
Donaldson stated it was consistent wiu4 the Plan in several areas.
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The Mayor opened the public haring. t
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No one spoke during the public hearing.
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The Mayor closed the public hearing.
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The following ordinance was considered;
NO, 98.130
AN ORDINANCE OF THE CITY OF llENTON, TEXAS, PROVIDING FORA f '
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION TO
COMMERCIAL CONDITIONED (C(c)) ZONING DISTRICT CLASSIFICATION ,
AND USE DESIGNATION FOR 3.491 ACRES OF LAND LOCATED ON THE
NORTHEAST CORNER OF U.S. HIGHWAY 377 AND HAMILTON ROAD;
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May 12, 1998
Page 7
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Young seconded to adopt the ordinance with the additional prohibited
use of a gas station and convenience store. On roll vote, Beasley "aye", Kristoferson "aye,
"nay", Cochran Durrance Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion
"aye",
carried with a 6-1 vote.
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20. The Council held a public hearing and considered approval of a Development Plan,
amending the approved concept plan for Planned Development District Number 20 (PD-20). The
136.365 acres of lend was located along the southwest side of Interstate 35-E between Lillian j
Miller and State School Road. A multiple use development was proposed with Light Industrial,
General Retail, Office, Multi-Family, Single-Family and Recreation uses. (The Planning and
Zoning Commission recommended approval 5.2.) (Z-98-014)
Mark Donaldson, Assistant Director for Planning and Development, presented an overview of the
requested development as indicated in the agenda back-up materials.
Council Member Kristoferson asked what kind of roads were Sam Bass Road and Old North
Road.
Rick Svehla, Deputy City Manager, stated that they were both classified as collector roads.
Council Member Cochran asked about the development plan for the site. If the development
plan were approved, the Council would not have any input for ten years.
Donaldson replied correct.
Council Member Cochran asked if it were possibly to approve a concept plan but not a
development plan and thus keep the Council involved in the development.
Donaldson replied yes.
Council Member Cochran stated that the plan implied that buffer yards should be required
r between residential property. g
Donaldson stated that the developers wrote that buffer yards would be put in place without any
specifics. i
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Cochran asked if the developers would be mining the property.
Donaldson stated that the applicant wanted to sell the rights to the clay on the property to Acme
Brick.
Mayor Pro Tern Beasley stated this PD was zoned in 174 and the applicant was now asking for
a small change in the zoning that was the development plan.
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Page 8
Donaldson stated the applicant was requesting minor amendments to the concept plan that
changed the configuration of the land uses. Added requirements were included to receive
approval of the development plan that specified the boundaries of each designated district.
Council Member Burroughs asked if the amount of acreage for recreational use was in alignment
with the park dedication ordinance.
Dor 'son replied yes.
''eu. i Member Young asked if the City would develop the land given for park dedication.
Svehla -d there were development requirements and development fees based on the
permitting requirements.
The Mayor opened the public hearing.
Brad Meyer, Carter and Burgess, spoke in favor of the proposal. He reviewed the details of the
development as included in the agenda back-up materials.
Bob Shelton spoke in favor of the proposal 4
Mitchell Turner spoke in opposition. No neighborhood meeting was h:IJ regarding this
proposal. He was concerned about the increased traffic in the area. He suggested that the i i
proposal be approved provided the developer would construct the street as a four lane divided J
street with an 80' right-of-way.
Ray Braswell, Denton Independent School District, stated that the District was neither f:,r nor {
against the proposal. He stated that the area between Teasley Lane and State School Roai and
batwcen Robinson and 115 was the site of a high amount of development. That development
could have a large impact on the school system. An elementary school was needed somewhere i
in that area. The DISD had had preliminary discussions with three of the four major developers
in the area. As the Council deliberated on this issue, he asked that the Council consider where
the D1SD was in terms of schools.
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Council Member Kristoferson asked about the percentage of transportation costs for the D1SD i
budget.
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Braswell indicated that there were costs associated with transportation and the DISD tried to 1
locate schools that would minimize those costs. He did not know the exact percentage.
Council Member Young asked if the DISD was planning on building a school near this
development,
Braswell stated once the entire area was built out, there would be a need for a second elementary
school in the area. The Sam Houston School would not be able to serve the entire area once j
construction was completed in all of the area developments.
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Council Member Yount asked if the DISD wanted a developer io give them property for a
school.
Braswell replied no but that they were trying to negotiate with a developer in one of those four
devc',opinent areas. Preliminary discussions had been held but nothing concrete at this point in
time.
Mayor Pro Tem Beasley indicated that +'rre DISD already had some r •operty in the Oakmont area
and on Teasley and asked if students from these developments would attend those locations.
Braswell stated that as the four developments in this area were completely developed, students
would need a school they could walk to.
Donna Taylor spoke in opposition to the proposal. She felt that the developers needed to support
the school district and offer land at an affordable price to school district.
Tha applicant was allowed a five minutes rebuttal.
Shelton stated that they would be walling to work with the DISD regarding a potential school
site. They-. erc aware of the school situation and what the developments would be adding to the
school situation.
The Mayor c,osed the public hearing.
Council Member Cochran asked what determined a collector street.
Donak~nn slated that a collector street carried 790 vehicles per hour.
Council klembor Cochran stated that if part of the pro-erty were zoned light industrial, then a
Wety Kieen c, United ('opper could develop near the residential sections. He was concerned
about trip generation with this development and tho ivssibility of developing light industrial next
to residential. fie stated that he would not be voting in favor of this proposal.
• Mayor Pro Tern Beasley slated that if the new plan was not approved, then the prior plan could
be used.
Ktistorerson motioned, Cochran seconded to deny the request. Krisleferson stated that her
primary concern was for toc drnsity/intensify in the area. She felt that the traffic issue had not ry .
been addressed. She was als"+ concerned about the water quality of the proposed lake and the
• problem of silt accumulation as was happening in similar private lakes in the area. P. possible ~ Q •
k school site was also a concern. If a school site could not be built in this area, the children in the
1d area would be denied the ability to walk or bike to a neighborhood school.
Durance stated his concerns with the proposal dealt with density/ intensity zoning of the area.
The fact that Council could be dropped out of the loop in regards to future development was also
a concern.
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City of Denton City Council Minutes
May 12, 1998
Page 10
On roll vote on the motion to deny, Beasley "aye", Kristoferson "eye", Cochran "aye", Durrwtce
"aye", Young "nays", Burroughs "nay", and Mayor Miller "nay". Motion carried with a 4-3 vote.
21. The Council held a public hearing regarding the proposed annexation of a 30.32-acre ,
propuAy located in northwest Denton, north of Highway ?7 near its intersection with Interstate 35.
Mark Donaldson, Assistant Director for Planning and Development, presented an overview of the
request of the details included ir, the agenda materials.
The Mayor opened the public hearing.
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No one spoke during the public hearing.
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The Mayor closed the public hearing.
No action was required by Council at this meeting.
ITEDIS FOR INDIVIDUAL CONSIDERATION
Item 427 was considered.
27. The Council considered approval of a resolution by the City of Denton, Texas authori.::ng
{
the City Iv13nager to sign and submit to the Department of Housing and Urban Development a 1998
Action Plan for Housing and Community Development with appropriate certifications, as 1
authorized and required by the Housing and Community Development Act of 1974, as amended
and i.ie National Affordable Housing Act of 1990, as amended; and providing for an effective 1-4-
Barbara Ross, Community Development Administrator, stated that approval of this resolution
would authorize the s+ibmission of the 1998 action plan for Housing and Community Development
to the U.S. Department of Housing and Urban Development. The recommendations of the Human
Services Advisory Committee and the Community Development Advisory Comr iittee were
included in the document, There had been some concern regarding the level of funding for the
S King Kids Program at the Martin Luther King, Jr. Center and the Owsley Program. The Parks
Department had revised the requested budget amount for both programs Those revisions resulted
in only a 53,800 difference in what was needed for the programs in 1999 and what the cormnittee
bad recommended. There was $3,151 left in the 1996 funding from the Owsley program that could
be reprogrammed into the MLK King Kids and the Owsley program, That left approximately $700
to find to fully fund those programs. It was felt that that money could be found in other public -
^ senice programs,
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Raymond Rcdmon asked the City Council not to reduce the funding for the King Kids Programs
and the OwsIcy program.
The following resolution was considered:
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City of Denton City Council Minutes
May 12, 1998
Page l l
NO. R98-021 ,
A RESOLUTION BY THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT A 1998 ACTION PLAN FOR HOUSING AND
COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS
AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL
AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR
AN EFFECTIVE DATE.
Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye', Young "aye", Burroughs "aye', and Mayor
Miller "aye". Motion carriod unanimously.
22. 'Be Council considered adoption of an ordinance partially vacating a certain utility
easement recorded in Plat Records of Denton County at Volume 3, Page S I, as it pertains to Lot 16,
Block 18 of the Sou.%ridge Addition; and providing for an effective date. (The Planning and
Zoning Commission commended approval M.) (The Development Review Committee ~
recommended approval,)
Rick Svehla, Deputv City Manager, presented overview or the request as noted in the agenda
back-up materials.
The following ordinance was considered:
FO.98-131
AN ORDINANCE PARTIALLY VACATING A CERTAIN UTILITY EASEMENT
RECORDED IN PLAT RECORDS OF DENTON COUNTY AT VOLUME 3, PAGE 510
AS IT PERTAINS TO LOT 16, BLOCK 18 OF THE SOUTHRIDGE ADDITION; AND
PROVIDING FOR AN EFFECTIVE DATE.
• Cochran motioned, Kristoferson secoudcd to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor
Millcr "ayc". Motion ca-ricd unanimously,
23. The Council considered adoption of an ordinance partially vacating a certain sanitary sewer
casement recorded in the De d Records of Denton County, Texas at Volume 457, Page 375, as it
• pertains to Lot 6, Block A, of ,he Sherman Oaks Addition; and providing a•i effective date. (The @ •
Pl:mning and Zoning Commission recommended approval 7.0.) (The Development Review
Committee recommended approval.)
The following ordinance was considered:
NNT
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City of Denton City Council Minutes
May 12,1998
Page 12
N0.99.132
AN ORDINANCE PARTIALLY VACATING A CERTAIN SANITARY SEWER
EASEMENT RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS I
AT VOLUME 457, PAGE 375, AS IT PERTAINS TO LOT 6, BLOCK A, OF THE
SHERMAN OAKS ADDITION; AND PROVIDING AN EFFECTIVE DATE. I
Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor
Miller "aye". Motion carried unanimously.
24. The Council considered adoption of an ordinance authorizing the City Manager to execute
an agreement between the City of Denton and Alan Ritchey, Inc. to lease certain premises of the
Municipal Airport and construct and maintain an aircraft hangar and related aviation fecilities
thereon; and providing an effective date, (Airport Board recommended approval.)
Linda Ratliff, Director of Economic Development, stated that the applicant was proposing to build
a hanger on the site for the purpose of storage, office space, hanger lease space and transport
activities. The lease was for thirty years with two ten-year rptions, Revenue for the thirty year
term would exceed $290,000.
The following ordinance was considered:
NO. 98-133
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND ALAN RITCHEY, INC. TO
LEASE CERTAIN PREMISES OF THE MUNICIPAL AIRPORT AND CONSTRUCT
AND MAINTAIN AN AIRCRAFT HANGAR AND RELATED AVIATION
FACILITIES THEREON; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye',
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor
Miller "aye'. Motion carried unanimously.
25. The Council considered approval of a resolution recommending a location for the Texas
Department of Transportation Governor's CommunLy Achievement kvard; and providing an
cffcaive date. (I he Keep Denton Beautiful Board rec(numended approval.)
Ccc,le Carson, Planner III, stated that this resolution was the formal request to the Texas
• 0,apartmcnt of Transpurlation to begin plans for landscaping Fort Worth Drive between 135E and O
t. Collins Street. It was anticipated that plans would be returned !o the City foi approval in a few
}ry months and construction started in march of 1999.
The following resolution was considered:
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May 12.1998
Page 13
NO, R98-020
A RESOL11TInN RECOMMENDING A LOCATION FOR THE TEXAS
DEPARTMENT OF TRANSPORTATION GOVERNOR'S COMMUNITY
ACHIEVEMENT AWARD; AND PROVIDING AN EFFECTIVE DATE. i
Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye',
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor
Miller "aye". Motion carried unanimously.
26. The Council considered adoption of an ordinance of the City of Denton, Texas amending
Article V "Public and Semipublic Swimming Pools" of the Code of Ordinances of the City of
Denton by amending Section 14.113 "Permits to Operate" to reduce the annual swimming pool
inspection fee, providing a savings clause, and providing an effective date.
Rick Svehla, Deputy City Manager, stated that Council discussed this item during the budget
work sessions and it was deckled to return to the existing rata This ordinance would reduce the
inspection fee back to the existing rata
Burroughs motioned, Young seconded to adopt the ordinance with a provision for refunding the `
difference between the two rates to anyone who had paid the higher fee. On roll vote, Beasley
"aye", Kristoferson "aye", Cochran "aye', Durrance "aye", Young "aye", Burroughs "aye", and
Mayor Miller "aye". Motion carried unanimously,
28. The Council considered nominationslappointments to City's Boards and Commissions.
There were no nominatioiis/appointments made at this meeting,
29. Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items for the Council.
M 30, New Business
{ The following items of Nov Business were suggested by Council for future agendas: t
A. Council Member Cochran requested that the City Attomey look into the open
container law,
with no further business, ne regular session was adjourned at 10,25 p.m.
Following the completioc of the Special Called Session, the Council convened into a Work
Session,
I. The Council received a report and held a discussion regarding the potential impact of
I MPA stranded investment (n the City of Denton and possible solutions.
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City of Denton City Council Minutes
May 12,1998
Page 14
Sharon Mays, Director of Electric Utilities, introduced representatives of the Reed Consulting
Group who reviewed the materials included in the agenda beckup regarding the potential impact
of TMPA stranded investments and possible solutions..
With no further business, the meeting was adjourned.
JACK MILLER, MAYOR
CITY OF DEMON, TEXAS
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JENNIFER WALTERS '
CITY SECRETARY
CITY OF DENTON, TEXAS
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AGENDA INFORMATION SHEET
AGENDA DATE: July 21, 1998
DEPARTMENT: Utility Administration
ACNI: Howard Mmlin, A sistant City Managct/Utilities
SUBJECT
Announce winning Electric Department Logo and draw winner of Electric Department
Logo Contest,
BACKGROUND
As the electric utility industry moves toward retail competition other electric providers
will begin advertising in our community. As a community owned and controlled utility
Denton Municipal Utilities wants to reinforce the loyalty of our customers to the Denton
Municipal Electric Utility. A recognizable logo is one way that utilities can strengthen
their name in the communities they serve. I a this end, Denton Municipal Utilities
(DMU) decided to create a new name and logo specifically for the electric utility, The
new name apd ; go are intended to make the electric utility more recognizable to the E
customers we serve. Through the input of both employees and citizens, "DENTON
MUNICIPAL ELECTRIC" was chosen as the new name for the electric utility and a
contest was initiated to select the new Denton Municipal Electric logo. Customers were
asked to vote for one of two logo designs. Close to two thousand customers voted, a new
logo was selected. You will soon see the logo on ell Denton Municipal Electric vehicles
and equipment as well as uniforms, correspondence and advertising,
Denton Municipal Electric continues to be dedicated to providing safe, reliable electric
services at the lowest possible cost. We are still vary much a part of the City of
Denton0cnton Municipal Utilities Team, and look forward to providing our community
with electric services for many years to come.
PRIOR ACTIONIREVIEW (Council Boards. Commis
Logo presented to Public Utilities Board July 20, 1998.
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The cost to replace logos on electric utility vehicles is expected to be less than $5,000.
Stationary items will be replaced as used.
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Respectfully submitted:
Sharon Mays f
Director of Electric Utilities
Exhibit C Electric Logo
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• Energizing tomorroti - s community today>l
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agenda No
Agenda llem._ 5
Date _
fn apprgriallon of
JAMES T110MASON
W'IIERFAS, on June 12, 1978, Jamm flroruuon mired aner sening with Ox Ci1y of Denton sin" June I,
1911', and
W HCREAS, during die W 21 scan, James Tlautason has rcprcsculed our City as an c.svuplc of a qua;1 v
scn ice employee, and
WHEREAS, the CO) of Denton has boon fanunae in Iunsing cyjoy ed die dedicated and o astanding senl" of
Janus and Wish to recognise Vic same, and
W'JI F.REAS, James 11amason has always son od above and bey and Ux efficient discharge of all Ws dntics In
pm:i>nting de µclfafe trod Prospcnty of the City, aid tus caned the full res" of WS fcltou' employees, colleagues and
ciii/ens of Donlon: NOW, TI IEREFORE,
,S
111E COUNCIL OF 171E CITY OF DENT ON HEREBY RESOLVES:
Thx1 lie sinccrc and seann apprmiation of Jamcs Tlainason felt by the citircns and ofliccrs of des City of
Demon, be formally convey ed to Win In a Pcnnveent manner by recording Otis Resolufloo upon the olicial ndnules of
Vic Ciiy Council of the City of Dculon. Tcsns, and fomarding to James a fare copy Uercof as a lokea of our
npprmialion i
PASSED AND APPROVED this die srtlSL dayof1498,
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ATTEST:
. JENNII'ER WALTERS, CITY SECRETARY j
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A 'ROVC A$ TO LEGAL FORA1 r -
• lIERdERT L. PR0U1 Y, C1'YY ATTORNEY
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AGENDA INFORMATION SHEET
AGENDA DATE: July 21, 1998 Questions concerning this j
acquisition may be directed
DEPARTMENT: Finance Purchasing to Howard Martin 349.7194
AC\I: Kathy DuBose, 349-8228
SUBJECT
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR AN ADDITION TO EXISTING PRE-ENGINEERED BUILDING;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE. (BID # 2235 - METERING AND
SUBSTATION BUILDING EXPANSION AWARDED TO DAVIS AND HAWKINS
IN Ti E AMOUNT OF S47,801,00).
BACKGROUND
In September of 1995, the City Council approved the construction of a 50' x 100' pre-
engineered building for the Electric Utility Department. The building is located at the
Pole Yard at 1701 Spence, Road and is used as a training facility, shop area, storage area
and office.
Bid # 2235 is for a 50' x 75" expansion to that existing building and will be used for the `
same basic purpose as the first section. !
ESTIMATED SCHEDULE OF PROJECT
The bid indicates a comp'-lion date of approximately September 20, 1998.
FISCAL INFOR•NIATIOIN
This building expansion will be funded from the 1997/98 budget account # 610-103-
1011 -3900-9228, Electric Substation General Plant Structures and Improvements.
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AGENDA INFORMATION SHEET
JULY 21, 1998
PAGE 2 OF 2
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DID INFORMATION
This bid is for the construction of 50'x 75'x 12' pre engineered building. This unit is to
be added to an existing building located at the Pole Yard at 1701 Spencer Road, Denton,
Texas. It will be utilized by the Electric Substation and Electric Distribution Druslons as
an office, storage area, and training facility. We are recommending the award to the only respondent, Davis and Hawkins, in the
amount of $47,801.00. They are the contractors that built the existing building in 1995. ✓
The price per square foot is up approximately $3.00 per square foot due largely to the
cost of tie-in to the existing facility.
Bid invitations were mailed to seven qualified bidders.
Respectfully submitted: `
Name: Tom Shaw, C,P.M., 349.7100
Title: Purchasing Agent
Attachment #I: Tabulation Sheet y
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ATTACHMENT N 1
TAB ULAI ION SHEET
BID 0 2Yao
DAVIS 6
BID NAME PRE-ENGINEERED METERING S HAWKINS
SUBSTATION BUILDING
DATE 4Ju}AS
• CITY OES N „ Rk, fit
1 1 EA PRE-ENGINEERED BUILDING
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COMPLETION N DAYS
BID BOND YES
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
AN ADDITION TO EXISTING PRE-ENGINEERED BUILDING; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE. (BID
N 2235 - METERING AND SUBSTATION BUILDING EXPANSION AWARDED TO DAVIS
AND HAWKINS IN THE AMOUNT OF $47,801.00),
WHEPEAS, the C has solicited, received and tabulated competitive bids for the
ec nstruction of public v rks or improvements in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager or a desig fated employee has received w,d Lccontmended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and pla,is and specifications therein;
NOW, THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of pt,bnc works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchw ing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBE$ CONTRACTOR ALLOUN `
2235 DAVIS & HAWKINS 547,801.00
SECTION li. 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 hereir. 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
• notificatiDn of the award of the bid.
SECTION III That the City Manager is hereby authorized to execute all necessary written
confracts for the performance of the constructic,i ;f the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidden and Bid Proposals, and docr.ments relating thereto specifying the terms,
• conditions, plans and specifications, standards, quantities and specified sums contained therein. •
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SST10N iV. That upon acceptanc- and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto. r
SECTION V. That this ordinance shall become effective immediately upon its passage and G
approval.
PASSED AND APPROVED this the day of 11998 +
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY `
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUCY, CITY ATTORNEY
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BY:
{ 2235 CONTRACT ORDINANCE
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Agenda No. Agenda I e~in 1
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AGENDA INFORMATION SHEET
AGENDA DATE: July 21, 1998 Questions concerning this
acquisition may be directed
DEPARTMENT: Finance - Purchasing to Howard Martin 349.7194
ACAIt Kathy DuBose, 349-8228
SUBJECT
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE RENTAL ! PURCHASE OF UNIFORMS, PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (BID q 2196 - RENTAUPURCHASE OF UNIFORMS AWARDED TO - ITEM
A THROUGH C TO UNIFIRST $63,650,00 PER YEAR ESTIMATE AND SECTION D
TO IMAGE UNIFORM ESTIMATED TO BE $12,27230 FOP. OUTRIGHT
PURCHASE).
BACKGROUND Q
Tabulation Sheet
ESTIMATED $0,1EDU .F. OF PROJECT
The uniform supplier will measure the employees within 2 weeks of contract award and I`
deliver uniforms within the next seven days.
The contract period is for three years and may be extended for two additional one-year
periods.
FISC L I, FORMATION
The rental or purchase of uniforms will be funded from the appropriate fiscal sear budget
accounts. The estimated annual expenditure for rental of uniforms with lawn iry service is
i 563,650.00 per year. The uniforms being purchased are estimated to cost!) 12,272.50.
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AGENDA INFORMATION SHEET
JULY 21, 1998
PAGE 2 OF 2
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BID INFORMATION
This bid is for the rental of uniforms with laundry service for the Water/Sewer Field
Services, Solid Waste, Parks, Warehouse, Meter Reading, Electric Production, Drainage,
Fleet Services, Airport, Streets, Engineering and Substation Divisions. The purchased
uniforms are for the Electric Distribution Division and do not include laundry service,
We are recommending award to the lowest bidder for Sections A, B, and C to Unifirst
Inc., and Section D to Image Un;.orms, r
The lower price offered by Western Uniform for Section D item 14 has been withdra+vn
by the supplier. They no longer are able to meet specifications due to a manufacturer
change,
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Respectfully submitted:
\ ~ I
Name: Tom Shaw, C.P.M., 349.7100
Tille: Purchasing Agent
Attachment 41: Tabulation Sheet
'
` 1051 AGENDA
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TABULATION SHEET
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BID 9 2196
BID NAME UNIFORM RENTAL SERVICE Uniflrst Western Imps
U611form Uniform -
DATE 2-Jun-08
S QTY DESCRIPTION %Z-OR VENDOR NDON VENDOR I
A. UNIFORM RENTAL WITH LAUNDRY SERVICES
1 200 SETSH 1EA SHIRTS 16176 POLY BLEND STRIPS 12.36 115 No Bid
1A 2006ETV11EA SHIRT!/612 Y BLEND SOLID COLOR 12.05 2.15 No Bid
2 100317611,11A PANT OW36 POLY LEND JEAN CUT 12.70 2.60 No Bid
2A 100 BETS111 EA PANTS 1935 POLY BLEND STRAIGHT CUT 12.70 2.6 No Bid
3 20 SETS OF SHIRTS ALL COTTON WITH FUNCTIONAL
11 EA FLAP OVER POCKETS 13.10 64.65 No Old
1 30 SETS111 EA PANTS ALL COTTON 13.70 64.65 No Old
5 25 SETS111 EA PANTS ALL COTTON BLUE DENIM `BIG BEN' 13.46 $4.15
_ OR EQUAL
6 20 SETS/11 EA 1.414TS 6011 POLY BLEND RED 12.05 14.25 No Bid -
7 60 SETMIEA SHIRTS LONG SLEEVE ALL COTTON DENIM
METAL SNAP WESTERN CUT
A. "BIG BEN" OR EQUAL 14.55 67.25 No BId
B. WRANGLER 16.05 17.25 No Bid
C. CARHARTT 0313066 67.75 17.25 No Old
D. COST FOR OIRECT EMBROIDERY FOR ITEMS 13,75 66.00
B 6 C NAME B LOGO SINOLE COLOR PER PER
1 18ETS11I EA PANT ALL COTT" WRANGLE
13MWZ OR 931 DEN 15.65 19,25 No Bid i
a UNIFORM RENTAL WrTHOUT LAUNDRY SERVICE ar 1J, °.:L
9 28 SETS I I EA SHIRTS 60110 POLY BLEND OXFORD DRESS
WNITE 11.30 11.35 No Bid '
10 25 SETS OF PANT! 4513! POLY BLEND EXE. WITH PLEATS 12.00 11.43 No Bid I
C. RENTAL OF MISCELLANEOUS ITEMS
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11 10 EA WALK OFF MATS 2A 4' $too 11.75 No Bid
12 10 EA WALK-OFF MATE 414' 13400 13.00 No Old
0 ! EA WALK4Ff MATS TX 10 11.00 64.60 NO old
0. UNIFORMS (OUTRIGHTPURCHAIII)
14 475 EA SHIRTS ALL COTTON LONG SLEEVE BLUE 126.41 to XL
DENIM CARHARTT 430004 633.75 116.05 127.90 XXX 4 X 8 TALL '
{ DELIVERY (A.R.O.) 46 DAYS 21 DAYS 16.20 DAYS
OTHER 17 DAYS I
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ORDINANCE NO, AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE RENTAL / PURCHASE OF UNIFORMS, PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID q 2196 -
RENTAL/PURCHASE OF UNIFORMS AWARDED TO - ITEM A THROUGH C TO UNIFIRST
563,650.00 PER YEAR ESTIMATE AND SECTION D TO IMAGE UNIFORM ESTIMATED TO
BE S 11,272.50 FOR OUTRIGHT PURCHASE).
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 desigiiated 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 matenals, equipment, supplies or services approved and accepted
F herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials,
equipmcnt, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUNQER Nom.. YENDOB AMOUNT
2196 A,B,C UNIFIRST INC. EXHIBIT A
2196 1) INIMA, UNIFORM EXHIBIT A
SECJON JJ. 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,
speci fications, standard,:, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SLCJ(ON IiJ. That should the City and persons submitting approved and accepted items Q
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 ar his designated representative is hereby
authorised to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terns, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein r pproved and accepted.
4
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SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant f a a written contract made pursuant thereto as
authoHLcd herein.
SECJION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 11998.
I'
JACK MILLER, MAYOR
I
ATTFST:
JENNIFER WALTERS, CITY SECRETARY 111
P
BY: _
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
F
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BY: i
2196 • SUPPLY ORDINANCE,
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AGENDA INFORMATION SHEET
AGENDA DATE: July 21, 1998 Questions concerning this
acquisition may be directed
DEPARTMENT: Finance - e,.rchasing to Bruce Henington 349.7200
ACM: Kathy DUBosc, 349.8228
SUP,,iECT
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF FUR,N'ITURF. FOR DENTON MUNICIPAL
COMPLEX EXPANSION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID Y 2209 -
FURNITURE - DENTON MUNICIPAL COMPLEX AWARDED TO INTELLIGENT'
INTERIORS IN THE AMOUNT OF $68,005.80).
BACKGROUND
This phase of renovation at the Denton Municipal Complex is for the eventual relocation
of the Cashiering and Customer Service Divisions from City Hall to DMC. The
construction contract for this renovation was awarded April 22, 1998 and is currently
underway.
The award of the furniture contract is timed to coincide with the completion of the
construction.
FS TIMATED SCHEDULE OF PROJECT
The c-nstruction phase is scheduled for completion the first week in October of 1998.
The furniture delivery wi!I be within one week of the final completion date.
PRIOR ACTIONIREVIEW {Council. Boards. QQMmjtjjsnjj
j Lou Wolf and Tracy Barrera ofCorgan Associates developed the space plan and furniture
specifications. They have evaluated the bid responses and have issued a written i
recommendation. (Attachment 11).
War 1
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I O r.
AGENDA INFORMATION SHEiiT
JULY 21, 1998
PAGE 2 OF 2
FISCAL INFORMATION
This furniture acquisition will be funded from previous Certificates of Obligation sales
and one time expenditure funds set aside for Capital Improvements during the budget
process; acccant M 100.041-02M-910L
i
BID INFORMATION
This bid is for the modular type furniture and panels for the Cashiering and Customer
Service Division relocation to the Denton Municipal Center. The seating it not included
and will be bid at a later date at the recommendation of Corgan Associates.
We recommend award to the lowest bidder meeting specifications, Intelligent Interiors, in
the amount of $68,005.80,
The lower priced offerings failed to meet require specifications for electrical wiring,
panel thickness, freestanding pedestals, size configurations, locking drawers,
interchangeability, finishes and/or they bid incomplete packages,
1
Respectfully submitted:
Name: Tom Shaw, C.RM., 349.7100
Tide; Purchasing Agent
i
Attachment #I: Tabulation Sheet
Attachment M2: Recommendation from Corgan Associates
1074 AGENDA '
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TABULATION SHEET
ATTACHMENT 01
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BID # 2200
BID FURNITURE •DENTON INTELLIGENT FACILITY WELLS MCKINNEY OFFICE ROYER & BUSINESS
NAME MUNICIPAL COMPLEX INTERIORS INTER GROUP OFFICE FURNITURE SCHUTTII RESOURCE
SUPPLY OF DALLAS GROUP
DATE 21-Ma 41
0 DESCRIPTION NDOR YEN R VENDOR _VfflWR_ R VENDOR
Total (Excluding Boating) 0661 055,464.00 161,115.00 060,145.00 11111,227,00 166,166.11 174,124.00
Incomplete Incomplete
NO BID
B T OFFICE
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Attachment M
Memorandum
ooaoAwAaoaat~narc. i ~
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fti U0443044
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D" oft" etoAGAKCIOX 10 June 1998
To Mn. )wry Tiekut Project Denton City Hall Renovation
FAcUties Adminietndve Assistant Project A, Phase I and II
Gry of Dutton
604 E. Hsckory Street,
Denton, TX 76191
Re Furniture Sid Recommeodation
From Tracy Buren Denton Municipal Complex
r
As Project Interior Desiper for Project IL Denton Municipal Complex Phase 1, I have
come to a fund recommendation based on the speafiations found in Furoiture Bid
Pacckap 02209, and any and all information submined by mptuatativa/deaGn as
substitutions.
It should be noted that it was derided by the City of Denton that all chain bt moved
from Furniture Bid Pwkgt #'2209 and will be handles: u a later date. Thus, seating was
also removed from each proposal submitted, again sHowiag for equal comparisons. '
Based on my findings, I have to recommend to the City of Denton that the bid be awarded
to Welli6ent Interiors, Inc. who is proposing Hermes Millet's SQA Q•Synem and Radian
Group. My findings w -re buM on both phplcd properties and quality as well as dealer
l ,
and/or manufacturer services offerer!,
w
my L. arrest '
End of Memorandum
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ORDINANCE NO.
AN ORDI'JANCE ACCEPTING COMPETTTIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF FURNITURE FOR DENTON MUNICIPAL COMPLEX EXPANSION;
PROVIDING FOR THE EXPENDITURE OF FUNDS THERE4 P14LE; AND PROVIDING AN ,
EFFECTIVE DATE. (BID M 2209 - FURNITURE - DEN-ION MUNICIPAL COMPLEX
AWARDED TO INTELLIGENT INTERIORS IN THE AMOUNT OF $68,005.80).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services v, 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 ascribed 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 accep,-d
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
i
SECTION That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Did Proposals" attached hereto, are hereby accepted
a,nd approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER No- VENDOR AMOUNT
2209 ALL INTLLLIGENT INTERIORS, INC. $68,005.80
SECTION Il. 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, {
C specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION W. Ttiat should the City and persons submitting approved and accepted items
and of the submWed bids wish to enter into a formal written agreement as a result of the acceptance, i
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 writwn A
contrast is in accordance with the terms, conditions, specifications, standards, quantities and
l specified suma contained in the Bid Proposal and related documents herein approved and accepted.
i
S
SECTION IV. That by the acceptance and approval of the above numbemi items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTIONY. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of .1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i
BY:
i
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APPROVED AS TO LEGAL FORM:
HERBEkT L. PROM, CITY ATTORNEY
BY:
2209-SUPPLY, ORDMANCE,
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Agenda No,_.7 t!_'
Agenda Item _
Date - - .
AGENDA INFORMATION SHEET
AGENDA DATE: July 21, 1998 Questions concerning this i
acquisition may be directed
DEPARTMENT: Finance - Purchasing to Earl Crews 349-7721
ACM: Kathy DuBose, 349-8228
SUBJECT
AN ORDINANCE ACCEP7tN1G COMPETITIVE BIDS AND AWARDING AN `
ANNUAL CONTRACT FOR ARMORED COURIER SERVICE; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE '
DATE, (BID 4 2224 - ARMORED COURIER SERVICE AWARDED TO ARMORED
TRANSPORT TEXAS, INC. IN THE AMOUNT OF $336.00 PER MONTH OR
518,816.00 PER YEAR),
BACKGROUND
Tabulation Sheet
FSTINIATED SCHEDULE OF PROJECT
The contract is scheduled to begin August 1, 1996 and continue ur" September 30,
1999, with four additional one-year periods possibly extending the ss: -ice contract until
September 30, 2003. f
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FISCAL INFORNIATIOY
1 Funds for this courier service will be taken from the appropriate annual budget account
for special services.
jtlD INFORMATION
} This bid is for the armored courier service for the transportation or cash and checks from
City Flail, DMC, City Hall in the Mall, and City Hall West to our depository bank, Also
included is a change delivery service from the depository bank to the above listed sites.
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AGENDA INFORMATION SHEET
JULY 21, I ng r
PAGE 2 OF 2
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Respectfully submitted:
Name: Tom Shaw, C.P.M., 349=i100
Title, Purchasing Agent
Attachment #1: Tabulation Sheet
I
1051 AOINDA -
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ATTACHMENT # 1
TABULATION SHEET
BID 66 2224 +
BID NAME ARMORED COURIER SERVICE ARMORED LOOMIS
TRANSPORT FARGO & CO f
TX. INC.
DATE 114un•9/
$ CITY DESCRIPTION DOR N VENDOR
PHASEI
14 MO
1 PER MO RMORED COURIER SERVICE FOR 210 EAS
MCIONNEY.MUNICIPAL BLDG OCT 96 $336.00 $433.00
2 FERMI) RMORED COLINEASERVICE FOR601 EAS
VICKORY • DENTON MUNICIPAL CENTER $336.00 6477.00
3 PER MO ARMORED COURIER SERVICE FOR GOLDEN
TRIANGLE MALL • CITY HALL HALL $336.00 6433.00
4 PER MO ARMORED COURIER SERVICE FOR j
221 NORTH ELM • CITY HALL WEST $336,00 6433.00
ESCALATION AMOUNT
1 OCT.1,99 • SEPT 30,2000
NOT TO EXCEED X 0 6X
2 OCT.1,2000SE(PT 2001
NOT TO EXCEED % 0% 0%
7 OCT 1, 2001 • SEPT 30, 2002
NOT TO EXCEED % 6%
4 OCT 1, 2042 • SEPT 30, 2003
NOT TO EXCEED % 0% 9%
<c
TOTAL 611,616.00 624,946.00
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A'YARDING AN ANNUAL
CONTRACT FOR ARMORED COURIER SERVICE; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PID # 2224 -
ARMORED COURIER SERVICE AWARDED TO ARMORED TRANSPORT TEXAS, INC. IN
THE AMOUNT OF $336,00 PER MONTH OR $1 8,816.00 PER YEAR).
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 prodded in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, 111FREFORE,
Tll~ COUNCIL OF THE CITY OF DENTJN HEREBY ORDAINS:
I
F.CTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, showm in the "Bid Proposals" attached hereto, are hereby accepted
end approved as being the lowest responsible bids for such items:
BID ITEM
L USW-M ,ESL VENDOR AMOUN
2224 ALL ARMORED TRANSPORT TEXAS, INC. $19,816.00
SECTIO,,_ If. That by the acceptance and approval of the above numbered 'stems 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, tandards, 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
wid of thr: submitted bids wish to cr ter into a formal written agreement as a result of the acceptance,
r approval, and awarding of the bids, the City Manager or his designated representative is hereby O ,
authorized to :xccule the written contract which shall be attached hereto; provided that the written
J160 contract is in accordance with the te.mi, conditiorlr, specifications, standards, quantities and
specified sums ~ontaincd in the Bid Propooal and related documents herein apt roved and accepted.
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SECTI I That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the e) penditure of funds therefor in the amount
and in accordance with the approved bids or pursua:n to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordi:tance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this day of 1`I9g•
j
JACKMILLER, MAYOR r~4
I
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY; `
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
2224. SUPPLY. ORDINANCE.
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Agenda ,
AGENDA INFORMATION SHEET Hate
AGENDA DATE: July 11, 1998 Questions concerning this
acquisition may be directed
DEPARTMENT: Finance - Purchasing to Howard Martin 3497194
ACAI: Kathy DuBose, 349-8228
SUBJECT l
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE THIRD AND FOURTH QUARTER 1998
PAYMENT BY THE CITY OF DENTON FOR 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 9 818181198 TO TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION JNRCC) IN THE AMOUNT OF
$50,000,00).
BACKGROUND
A 3.5% additional charge is applied to our refuse collection rates to offset this fee
payment to the TNRCC. The amount is calculated by a formula based upon the number
of tons of solid waste received in our landfill during the specific quarterly time period.
i
ESTENIATED SCH_ED ILE OF PROJECT
Purchaser order 4 818181198 to the TNRCC is for the third and fourth quarterly payments
of the 1997198 TNRCC Solid Waste Fees. The $50,000,00 is an estimated expenditure.
Actual payments will be made from invoices to be received in this time frame.
PRIOR ACTIONIREVIEW (Council. Boards, C9mmisslonsl
The first and second quarters payments were ap +roved by Council December 16, 1997 - -
the total amount was 580,000.00.
O •
~ FISCAL INFOIWATION
Funds are available from account 0630-024-0803-8982
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AGENDA INFORMATION SHEET
JULY 21, 1998 I
PAGE 2 OF 2 I
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PURCHASE ORDER INFORMATION
We recommend purchase order #81818898 to the TNRCC be approved in the amount of
$50,000.00.
i
Respectfully submitted:
Name: Tom Shaw, C.P.M., 349-7100
Title: Purchasing Agent
Attachment #1: Purchase Order # 8181 BR98 to TNRCC
1056 AGENDA DOC
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ORDINANCE N04
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE ~
OF FUNDS FOR THE THIRD AND FOURTH QUARTER 1998 PAYMENT BY THE CITY OF • '
DENTON FOR A SOLID WASTE PERMIT FEE CALCULATED AT 3.$ % OF REFUSE
COLLECTION FEES TO THE TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER N 81818R98 I .
TO TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC) IN THE c
AMOUNT OF 550,000.00).
i
WHEREAS, in order to comply with the contract commitment to TrAas Natural Resource
Conservation Commission (TNRCC), the City of Denton is required to pp--,Solid Waste Permit Fee;
and
WHEREAS, the City Manager has reviewed and recommended that the Council approve and
authorize the payment of such fees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That the expenditure of funds in the amount of $50,000.00 to be paid to Texas
Natural Resource Conservation Commission (TNRCC), is hereby authorized.
SECTION IL That this ordinance shall become effective immediately upon its passago and
approval
PASSED A`dD APPROVED this the day of .1998.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
BY;
APPROVED AS TO LhGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY i
t! ' •
BY:
SOLID WASTE FEE ORDINANCE
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PURCHASE OADER NO; SIOISR98 THIS IS A
Inis nuriber MUM epper on all CO9fIRMING ORDER l
invoices, delivery slops, usu'
clns, boon. pec►ep slips and 6m. (IF MARKED)
. CIO NOT DUPLICATE
l
Req No &d Na Dole 07 06 98 Page Na 01 A
CITY OF DENTON TEXAS
PURCHASING DIVISION 1 901-8 TEXAS STREET I DENTON, TEXAS 76201-4354 ;
9401349-7100 DIFW METRO 8171281-0042 FAX 9401349-7302
VENDOR T.N.R.C.C. «
NAME/ P.O. BOX 13069 DELIVERY CENTRAL RECEIVING 823
ADDRESS ADDRESS SOLID WASTE DEPARTMENT
AUSTIN TX 18111-3089 901 B TEXAS 8T
DENTON# TX 76201
VENDOR NO, TNR49000 DELIVERY DUOTED 07 20 98 FOB DESTIKAI-ION BUYER T8 TERMS
~i~^Y r Via,, t,
001 50000.00 611 VENDOR CAT. IT N / A N►G XAXE 1.000 50,000.00
CITY 1 8900
SOLID WASTE PER FOR THIRD AND VOURTH QUARTERS
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P GE TOTAL s 500000,00
i. ~ 630 021 0803 8982 600000.00 GRXD TOTAL t 500000.00
.rcl;
VIN" 111111 110115. 3 Irms - Nei $0 1"+••• s+••• v.
1. Send orldln/ Inniu wile hplisote COY ! 1 Slo'DOM sn wq«I Iw...m„«...rw,m.v1
2. Se is Aouumt 1eyb1 E 5 Na hsiruslisns top Oedmd,r~+l
Bill ffvAlAd r Male tales NO slutl be erc4idcd
919 C 110V r 91 n prices tille4 ei7i:iilj IpJitFil"
Mmen pi 242 1 1999
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4genda Ite~m+J_
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AGENDA INFORMATION SHEET
AGENDA DATE; July 21, 1998 Questions concerning this
acquisition may be directed
DEPARTMENT: Finance - Purchasing to Howard Martin 349-7194
ACM: Kathy DuBose, 349.8228
SUBJECT
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW i
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDDING; AND PROVIDING FOR AN EFFECTIN E DATE. (PURCHASE ORDER N
86380 TO BRANDON & CLARK, INC. FOR ONE 800 HP ELECTRIC MOTOR IN
THE AMOUNT OF S29,600.00).
BACKGROUND
P
On June 25, 1998, at approximately 6:30 p.m., the Lake Pump Unit 1 raw water pump
railed. The pump shall broke causing major damage to the 800 horsepower electric
motor powering the pump. The motor was damaged beyond repair, A reconditioned
pump motor was to-ated by Brandon & Clark and has been ordered. Pump repairs were
ordered and coml leted by a separate contractor.
A new motor would cost somewhere between S30,000 and $41,000.00, and have e
delivery time of approximately 10.22 weeks
ESTISIATFI) SCHEDULE OF PROJFXJ
k The pump repairs have been completed and the motor installation should have been
completed on July 17, 1998.
s I • t
PRIOR ACT) ONIREVIEW(Council. Boards. Commissions
The Public Utility Board has been briefed on the pump and motor failure and the proy ess
orthe repair efforts,
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AGENDA INFORMATION SHEET k +
JULY 21, 1998
PAGE 2 OF 2 r
FISCAL INFORMATION
This emergency purchase will be funded from 1997.98 budget funds for mainteomee of
plant and equipment, account # 620-081.0460.8339.
' PURCHASE ORDER INMIRMATION
This purchase order is for the emergency purchase of an 800 horsepower electric mote; to
replace the Lake Pump Unit I motor, This motor is reconditioned and carries a l-year
warrantl. The price of 529,600A0 Includes freight to the City of Denton jobsite,
Due to the critical nature of a continuous dependat'.a supply of raw water from
Lewisville Lake to the Water Treatment Plant, this acquisition has been declared an
emergency and is exempt from the bid process {Texas Lccal Government Code Chapter
252}.
r,.
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Respectfully submitted: I
Name, Toi i Shaw. C.P.M., 349.7100 ,
Title: Purchasing Agent
Attachment # I' Purchase Order # 86380 - Bran&v & Clark, Inc,
r Attachment 02: Quote from Brandon & Clark
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PURCHASE ORDER NO. 66380 THIS IS A
This number must appur on NI CONFIRMING ORDER
MY ces, delivery slips, sera. OF MARXEM
stns, boxes, pact' p slips and bills. . DO NOT DUPLICATE
d
Req. Na Bid Na Date 07 06 98 Pape No. 01
PUMHASINO DIVISION Y BO OF DTEXAS EN TON, TDEEN`OIA TEXAS 16201-4354
YENC3R BRANDON fit CLARK INC 9401349-7100 DIFW METRO 6171267-0042 FAX 9401349-7302
NAW 2475 EAST LONG AVE DFLIVERY CONFIRMATION ONLY C06 ~
ADDRESS ADDRESS WATER PRODUCTION PLANT
FORT WORTH T% 76106 1101-8 SPENCER RD
DENTON, T% 76205
PETE FOWLER
VENDOR NO, BRA48500 DELIVERY OUOTEn 07 08 98 FOS DESTINATION BUYER DH TERMS
001 28600.00 li VENDOR CAT, ! N / A MFG NAME 1.000 28,600.00
CITY ! 8900
U,B. MOTORS, 800 HP, VERTICAL HOLLOWSHAFT KOTORr 2300 V
1800 RPM, 1689 P FRANC RECONDITIONED MOTOR WITH ONE
YEAF WARRANTEE IN ACCORDANCE WITH ATTACHED PRICE
QUOTE DATED JULY 1, 1998.
002 1000.00 >1111 VENDOR CAT, I N / A MFG HANK 1.000 10000.00
CITY f 8300
` ESTIMATED FREIGHT
EMERGENCY PURCHASE ORDER FOR COUNCIL APPROVAL ON
JULY 21, 1998
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' P OR TOTAL 1 29,600.00
~ 620 OBl 0460 8339 29,600.00 GA ND TOTAL it 29,600.10
VINDOA INSTAUtTION1 I terms • NO 30 sw, .er«,.
I Send erl6ind thvslts vi dplwsts esty k 4 ShpyiM mlifuchsnt FOB Do wAwn Pill su.,, ,,.,M.,I
I. Bill to Accsunq Fgab4 I No lederel a Ilse sales Its (hull be uct,dcl
It$ I. McK mar It to per s billed
Merton, IA 76201.129!
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ATTACFlaNT 0
BRANDON & CLARK INC `
275 E LenpPve. Faf WaHt, 7X ?H00 817•63A-0603
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4fotro I17-42"80e For I17•a.IbII37
QUOTE rF
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July 1,1111
TO: CITY OF DENTON i
ATT.- MR, TIM FISHER
PHONE. 140.341.7621
FAX: #40.441.1001
We are pleased 10 quote you the follOwinl Items:
1- REBUILT US VHS MOTOR
loom PM too RFMl1111 p PRAMS i21,811.43~
bThle is deponderd upon the motor being able to he feconnected to 0300V.
Addltlonei price to rewind to 1360V If can't be reconnac%if..., 110,101.80
These prices Include 1 year warts".
Delivery: If reconnacted............. 6.7 wortdns days.
H rewind mceasary...10.14 working days.
FOB-Twin Falls, Idaho
Coll If yuV have an/ awstlons,
Than Y ,
use Bu a
Division Momo2or
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ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS EQUIPMENT, SUPPLIES OR ,
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDDING; AND PROVIDING FOR AN EFFECTIVE DATE, (PURCHASE ORDER 0 j
86360 TO BRANDON & CLARK, INC. FOR ONE 800 HP ELECTRIC MOTOR IN
THE AMOUNT OF 529,600.00).
WHEREAS, state law and ordinance require that certain contracts requiring an
expenditure or payment by the City in an amount exceeding $15,000 be by competitive
bids, except in the cas. of public calamity where it becomes necessary to act at once to
appropriate money !o relieve tha necessity of the citizens of tha city, or in case of
unforeseen damage to public property, machinery or equipment; and,
WHEREAS, the City Manager has recommended to the City Council that it is
necessary to purchase goods or services due to the following emergency conditions
outlined in the memorandum attached hereto as Exhibit "A", incorporated herein by
reference; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: '
SECTION 1, That the City Council hereby determines that there is a public calamity
that makes it necessary to act at once to appropriate money to relieve the necessity of the
citizens, or to preserve the property of the city, or to protect the public health of the
citizens of Oc city, or to provide for unforeseen damage to public property, machinery or
equipment, and by reason thereof, the followin; emergency purchases of materials,
equipment, supplies or services, as described in the "Purchase Orders" attached hereto,
are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
86360 Brandon & Clark, Inc. $29,600.00
SECTION 1L That because of such emergency, the City Manager or designated
i employee is hereby authorized to purchase the materials, equipment, supplies or services
as described in the attached Purchase Orders and to make payment therefore in the
amounts therein stated, such emergency purchases being in accordance with the 1
provisions of state law exempting such purchases by the City from the requirements of
competitive bids. O •
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SECTION III. That this ordinance shall become effective immediately upon its passage "
and approval. f . ' r
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PASSED AND APPROVED this the day or '1998.
II
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY I
BY:
$6780 EMERGENCY PURCHASE ORDER ORDNANCE
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EXHIBIT µA"
PURCHASE ORDER N 86380 - BRANDON & CLARK, INC. 1
I
On June 25, 1998, at approximately 6:30 p,m., the Lake Pump Unil I ra>•r water pump
failed. The pump shaft broke causing major damage to the 800 horsepower electric
motor powering the pump. The motor was damaged beyond repair. A reconditioned f`
pump motor was located by Brandon & Clark and has been ordered. Pump repairs were
ordered and completed by a separate contractor.
r
A new motor would cost somewhere between $30,000 and $41,000.00, and have a ,rr
delivery time of approximately 10-22 weeks
the pump repairs have been completed and the motor installation should have been
completed on July 17, 1998.
The Public Utility Board has been briefed on the pump and motor failure and the progress
of the repair efforts.
This emergency purchase will be funded from 1997.98 budget funds for maintenance of
plant and equipment, accountN 620-081.0460-8339,
This purchase order is for the emergency purchase of an 800 horsepower electric motor to
replace the lake Pump Unit I motor. This motor Is reconditioned and carries a 1-year
warranty. 1 he price of $29,600.00 includes freight to the City of Denton jobsite,
,
Due to the critical nature of a continuous dependable supply of raw water from
Lewisville Lake to the Water Treatment Plant, this acquisition has been dalared an
r emergency and is exempt from the bid process (Texas Local Government Code Chapter
252).
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Agenda Item
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Date
AGENDA INFORMATION SHEET
AGENDA DATE: July 2l, 1998 Questions concerning this
acquisition may be directed
DEPARTMENT: Finance - Purchasing to Alex Pettit 349-8595 1
ACM: Kathy DuBose, 349.8228
I
SUBJECT
AN ORDINANCE AWARDING A CONTRACT FOR A 5 YEAR LEASE PURCHASE
OF A 70 PAGE PER MINUTE COLOR PRINTER/COPIER AS AWARDED BY THE
STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE ! 11 EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE. (PURCHASE ORDER 0 86142 TO DANKA IN THE FIRST ANNUAL
PAYMENT AMOUNT OF 550,308.20).
BACKGROUND
i
For some time now, there has been a trend for the Administrative Scivices Division to
gradually add new services and to redefine their role in the organization. The
implementation of this high-speed Colo; printer is a major step toward print shop
capabilities. There are strong indications that as requirements for colored documents
increase, sufficient savings from the elimination of outsourcing color reproduction will
offset the cost of this printer. Another advantage is a reduction in response time for color
documents,
ESTIMATED SCHEDULE OF_I'ROJECT
The printer will be in operation approximately 4.5 weeks after receipt of an order or
approximatcl/ September 1, 1998.
FISCAL INFOR,IIATION i
The annual lease payment of s23,548.20 will be funded from Administrative Services
budget funds. The maintenance and click charges in the amount of $26,760.00 will be
funded from Warehouse working capital and be reimbursed by a charge passed on to the
user very simular to all other copy services.
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AGENDA INFORMATION SHEET
JULY 21, 1998
Y'
PAGE 2 OF 2
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PURCHASE ORDER INFORMATION
This purchase order is for the first of a five year lease purchase of a Kodak linage Source
model 70NCEA, 70 prints per minute, printer/cop;-r with maintenance and copy cost for
the first 2,000,000 copies. '
Respectfully submitted: V
Name: Tom Shaw, C.P.M., 349.7100
Title: Purchasing Agent
Attachment 41: Quote from Danko
Attachment #2: Electronic Equipment Agreement
Attachment #3: Lease I Purchase Agreement
Attachment 04: Purchase Order # 86142 - Danka for $50,308.20
Attachment 05: Memorandum from Alex Pettit
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Attachment 0 1
City of Denton
Price Quotation for Print Shop {
Kodak Im111119e Source 70NCEA I
RNetwork Printer J Copier with Finisher, Expanded Paper Supply and I Colors) I
BalsPrklit9-Nwv441lae. P~~;1r{~ Y >ai1':x x4'Y 1 M'~9{SgN2a~! i~ gH 5a
Kodak IS70NCFA Sanes II Copier•PAntei
List POCO • IS70NCEA $eries II (InGu(1es RED) 399 600
Lst Price - ArUnt Color Toning Station (BLUE) 31.000.00
List PNCO - Accent Color Toting Station (GREEN) 31,000,00
List Price • Accent Color Toning Station (YELLOW) 31 000 00
Less
Sate Discounl LU J=
Total Discounts 00)
PLUS.
Install Charge - IS70NCEA SON$$ II !t 25000
Install Charge - Accent Color Toning Station $75.00
Install Charge - Accent Color Toning Station 57500
Install Charge -Accent ColorToNng Station $76.00
20 Hours of System Engineer Support 00
Total Additions
34076.00 i
Total Purchase Price `
IM1f 4w`ru,~, ,.r'`.{~.rl;^,~ ,s1ts y~cai`Jyi~,4rT
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Financed Amount $05,07500
00 Month SLG Lease
L'1YThil,SS (after term, you go the equipment) 111.0112 35
4 slit sn r! '0U ,•r ~~pp
360D 3-Year Promo Performance
Monthly Minimum -1S70NCEA Selves 11 win a colors 365000
Image Charge - Meter J and K (All Images)
1 to 700,000 a 0,0070
200,001 to 9,999,999 a 0 0150
Estimated Supplies Q 0.0030 `
O I i
State of Texas oensrai Services Commission contract Inforntadonr
Class 432, Item 40, Kodsk I70NCEA plus aeclasones
1
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Prices quatad 00 NOT INCLUDII any appltcasle taxes,
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L3AAICAELECTRO416EQUIPMENT AGREEMENT
No.
Q outngnt Puul+n.
CUSTOMER TYPE 0 cond-t,onsl Sole, Convict
EJ COmmetdut Cust.Amer Q Tye 0 2 yy Q other
sic Q Feara10n m orn Q I Lease AgrNmMl
Master Agreement No a Stne1LWA WvemmMnl Purchase by LN4ng Co
Les" Contra LEn9111
Customer Number New CUSM"W to OanLa Comerupl to sea • EReetNe
Easing Sae 10 _ O New to Elearoau Q Omer
Q Additions) System Component
u ,
L 7E" AEC 0 CA11 CUSTOMER V .M NuMBE CUSTOMER LN Y OAT& M LN " N ik L
SHIP TO CHARGE TO
NAM City of Denton NAM SAME
STREET 215 E. McKinney STREET
Cm Denton, T% 76201 CITY {
STATE11P STATFIIIP
C.^r CONTACT Mary Collins 940348-6129 DEPT
PHONES CONTACT
Tnis agreement to lac tn. ; urcnaa HevslustwnlevDDOR of the Document Imaging System listed below suBjM to the Terms end Conddione
whwh appear on the reversi sae and In DenMS ScMdule 01-01A SOltwere Ivense agreement must Be signed at toe nm.e hue ague-vt
a s,gned (Customer 6CIIndL.4dgtl rece,pt of me Terris end Condrbone end Alts upon wenenty espirst on me Suppat Agreemo+l n0.ured
Below will commerical- AdLnc,410 dBy. teueromer,
PACE TOrAL MO
ITEM UTALO^I CITY PRODUCT DESCRIPTION PLAN SILVAIO PRICE INSTALL. SUPPLCAT
40 NUMBER coot UNIT TOTAL CKII SI a?"
1 852.5576 1 Kodak 1370NCEA Series II C1P 99,900.00 1,260.00
Includes: Network, 1 AccentColor
Toning Station (RED), Expanded
Standard Paper Supply, Finisher wl
Stapler. SunSparc 5 Workstation,
Terminal. _
3 1830896 1 AccentColor Toning Station (BLUE) 11000.00 75.00
4 163-0898 1 AccentColor Toning Station 1,000.00 75.00 I
(YELLOW) 4
1 183-0998 1 AccentColor Toning Still 1GREENI 1,000.00 76.00
5 20 System Engineer Hours 260000
Sale Discount 11,300.00
OTAL 9 ,OT6,00
~ Financed amount $95,07500
60 Month SLO Leese Purchase (altar term,
• you own equipment)
MONTHLY: 91,962.35
7 PPC-3600 1 3 Year Promo Plue EMA Monthly Min. with 85000
4 colon _
image, Charge • Meter J and K (all i
imrges)
1 to 00, DOO 99 0019 •
• 200.001 1 to l0 9 .990,099 ®.0150 I
Estomated Su lies 0030
aEMA"! State of Texas General Semites Commission Contract Information: i
Class 482, Item 40. Kodak 110NCEA plus accessories _
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EXTENDEO HOURS COVERAGE SUPPORT AGREEMENT BILUNO:
n 2 X S r73 X S r7 3X? MONTHLY PRICE ] MONTHLY ANNUAL
10pa rals PuroM11 Order I rwuveC for Suopol ABrpm"t. rnI171nN
here _
FIRM NAME Omka Imaging Sy%IIM BY Dens Blemb DATE TITL% NSS
SALES REP Give Roberti D.Wavin/ TERR, D721 INS REG. DISV EXP ACCT
S E INITIAL APPROVAL
OIMANAGEMENTAPPROVAL GATE j '
ORIGINAL I CUSTOMER COPY I SALES REP COPY 1 NEW CUSTOMER INFORMATION COPY k
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Attachment A 3 I
STATE AND LOCAL GOVERNMENT LEASE NUMBER s'
LEASE - PURCHASE AGREEMENT
DANKA FINANCIAL SERVICES
YIN 7 77 7 , :7 "'M3.~ra~ii ue 74 HESS a a~r ~ ~nnvr LI ra.lu u Y m.+2„4
Q n rAnl .N A M RENT PAY\1E'r"
!AA NAM w w. I,, ANTI
04:94AL .All 10 04 .OCI s C.' I. uYSE ,
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pK i'p'wY• h.'. ~ leC~liglP "%-~1.,. ',YE a~'!:': .,...>~'~Cs.' NAW'1
OWVM N I /ION NWYW&R AN y II I IM AOMDgI l~
MoN4Yr i:~
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• GO D o+wa lot. rr
-srural W=
INO+rtMMnol.vs..:I'" o`Il~w'V' iA
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Nv CINO. s1 JNUMBER AND 5~.JAT c 10 0C)n 11
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' IAIU'1, USE. 011 OTHER TA71[1
AO/E8f100N THE MYMENTI. .1 ANY
Lisa A Ea NC NUMIF 101,41►u'aNA Nu FOR tokoLo ARE NOT NMLWON Tl`E NXVNT f
OP EACH PAYWNT, OUT WILL 61
Amo TO YOUR lWoct
ho"s Me ''I by (.r'.W, . EIIyp_' ~r T A rw~ ~W ~Sv" , Y' 7
y . nk n~ ~ t aij~-rIi I t
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GrgM YOU d1'N, N1/11,Y'III IIWi,i,E .MIYM IpI iRII,M III INII M IMAIMMNeY.u 111, YId 'Y IA/vM TI I~IIrt+nM N/IIW 1
rgrlN dlun'IN IM.n IM "M n1/1 FI II,In1Y11 IMlr Adv/11111rH,MI1M IN'MMM 1
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PURCHASE ORDER W. 86142 THI IS A
n.s r mull appear all CONFIRM10 ORDER
orceses, 4o Csnvery dips, costs. ~ (If MARKi.O)
im
clns, boxes. pac4i.in0 dips and tills.
00 NOT DUPLICATE
Gera. No: Bid Nm Date. 07 06 98 Pape No. 01
CTY n
PURCHASING DIVISION 1 9001 OF DTEXAS EN SONG TEXAI 76201-4354
9401349-7100 D/FW METHO 8171267-0042 FAX 9401349-7302 n
VENDOR DANKA a
NAME/ 2707 AIRPORT FREEWAY DELIVERY CENTRAL RECEIVING 829 p
ADURESS ADORESS ADMINISTRATIVE SERVICES
FORT WORTH TX 76111 901 B TEXAS ST
DENTON, TX 76201
TAMARA KEILSERG
VENDOR N0. DAN49205 DELIVERY OUOTEO 08 15 98 FOB DESTINATION OUYER T8 TERMS
001 12.00 EA VENDOR CAT. 0 N / A MFG NAME 1,962.350 23,548.20
CITY / 8700
LEASE PURCHASE OF KODAK INAGE SOURCE 70NCFA
70 PPM PRINTER/COPIER WITH FINISHER, j
EXPANDED PAPER SUPPLY AND 4 COLORS.
(INSTALL AND SUPPORT)
{1ST PAYMENT OF 5 YR LEASE)
;I
* 002 12.00 EA VENDOR CAT. 1 N / A MFG MANE 2,230.000 26,760.00
, . CI7Y 1 8100
KAINTENANCE ON KODAK 18 70 NCEA
NO FIXED - $650 AND ESTIMATED 200,000
CLICKS A MONTH AT .0079 PER CLICKS.
$1,580.00
P OE TOTAL a 50,306.20
YENOOA WSIRI1C1gK1 7 7eron Ncl 70 I~.b.. •Mr... .,.„t.JI
1, Send Irlyind Invact eim 04111we c,ry 4 911! -1--1 InSllKle"I. FOB 011141Wien N19e1 IMa .4r,n, y.,,bO 2. Bill to - Ace/untl Frylhll 6 No litk;al s, Ilno
adds ba dull N nw.hi6.1 +
116 i McK inns SI. ? In puts billcl
0umon, 11 162 4149
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This number must appear on all CONFIRMING ORDER 1
invoices, deliPURCHASEvery sups, ORDER NO,
DO NOT THIS IS A
cases, 86142 OF MARKED)
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cons., boxes, packing sups and bros. -y
DUPLICATE
Rea. Nm Bid Na Oats 07 06 98 Page Na 02
}
"r.HASINO OrvtSSIOINN 1 901 9 DEN STOREEEI' TDEENTONN, TEXAS 78201-4354
9411349-7100 DIFW METRO 8171267-0042 FAX 9401349-7302
VENDOR DANKA
NAME/ 2707 AIRPORT FREEWAY DELIVERY CENTRAL RECEIVINO 829
ADDRESS ADDRESS ADMINISTRATIVE SERVICES
FORT WORTH TX 76111 901 B TBKAS ST
DBNTON, TX 76201
TAMARA KBILBEF.O
VENDOR N0. DAM49205 DELIVERY OUOTEO 08 15 98 FOB DESTINATION 8MR TS TERMS
LINE - ear, . 7 fi v f a•
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MOD TOTAL t 50,308.20
A 100 044 0081 8509 23,548.20
710 043 0582 8701 26,760.00
li ll I 0111 8 Ot De • r•'edt
! Lams Not 30
VIND08 WSiA XS ON A
llis 1191 led al No tAt . Sla W pe µ l k n .w..... n.,r.vl
! Bill it Acsntak FW4 rote s o~ i 1 SAip
1. Send atDiMA Intake wrln kKInrnMM SL S No eAM a ltd 14191 lu lwll k erc rAcl
l Aiao hMl RNri•,6xr-
m p qcs ►AIrA
Milton, 111 162
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CITY OF DENTON, TEXAS
MEMORANDUM
DATE: July 6, 1958
TO: Tom Shaw, Purchasing Agent
FROM: Alex Pettit, Director of Information Services
SUBJECT: KODAK IMAGE SOURCE 70
The Kodak Image Source 70 is a four-color network printer/copier with finishing functions. The
Kodak 1.70 offers highlight color printing in shades of three colors plus black at 70 pages per
minute. This printer will fold and staple producing finished booklets, newsletrers, etc. in a
variety of styles and sizes. fhe high-volume copying and on-demand printing will allow this
printer to function as the core printer fcr the in-house print shop. The speed and automated
finishing features of this printer will allow the existing staff to complete projects at a cost less
than outsourcing.
Alex Pettit
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Attachment
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"Ded,raled to Quali r y Arnim*
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ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR A 5 YEAR LEASE PURCHASE OF A 70
PAGE PER MINUTE COLOR PRINTEFJCOPIER AS AWARDED BY THE STATE OF TEXAS
GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER # 86142
TO DANKA IN THE FIRST ANNUAL AMOUNT OF 550,308.20).
WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services
Commission 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 on behalf 1F
of the City of Denton; and
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 I. That the numbered items in the following numbered purchase order for
materials, equipment, supplies, or services, shown in the "Purchase Orders" attached hereto, are
hereby accepted and approved as being the lowest responsible bids far such items:
r.
PURCHASE
ORDER ENDO$ AMOUNT
86142 DANKA $30,308.20
ECG TION 11, That by the accepta,tce 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 0
and for the spcci red sums contained in the bid documents and related documents filed with the
General Services Commission, and the purchase orders issued by the City.
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SECTION 111, That should the City and persons submitting approved and accepted items set
forth in th,: 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 Commission, 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
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 documents herein approved
and accepted.
SECTION IV. That by the acceptance and approval of the above numbered items set forth
in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor
in the amount and in accordance with the approved purchase orders or pwsuant to a written contract
made pursuant thereto as authorized herein.
SECTION V, That this ordinance shall become elTective immediately upon its passage and
approval,
PASSED AND APPROVED this day of 1998.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM; 1i
IIERBERT L. PROUTI', C11Y ATTORNEY
F6141FO STA'rE ORDINANCE
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~9enda item _
AGENDA INFORMATION SHEET OaleT "
AGENDA DATE: July 21, 1998
DEPARTMENT: Police /
ACM: Michael W, Jc7, 349.7926 7{
SUBJECT
A resolution of the City of Denton. Texas, authori>ing the submission of an application to
the Criminal Justice Division of the Office of the Governor, State of Texas, requesting
continued funding for one (1) JuvenileiDomcstic Violence Investigator and associated
training and supplies for a Family Services Unit; and providing an effective date,
BACKGROUND:
l3clieving that family violence and juvenile delinquency can he attributed to problems
rooted in the family, the Police Department identified the need for a pro-active, creative,
and cliective comprehensive response to problems associated with families experiencing
social difficulty, These problems include youth crime; violent, unstable, or conflict- i
oriented families; and the early identification of children and adolescents at risk of
engaging in v iolent or illegal hchavior and the prevention of a-ich behavior.
I
An examination of the Department's caseload revealed that over one-third of all cases
signed to imestigators involved juveniles, family violence, or child abuse, Those cases
-.%ere assigned to three spccialired investigators. The ovcrwhelmiog workload prtcluded
these detectives from spending sufficient time on a case to accurately identify the root
problem and provide the most etltttive response, Additionally, it vows believed that
increased coordination and track i ng of cases in%ONingjuvcnilei and family violence
would fd6litale the accurate identification of problems rather than treating symptoms.
In 1996, the City of Dcnlon received grant funding from the Criminal Justice Division in
the amount of 563,1 18 tiff one (1) HN cstigator and associated training and equipment to
be dedicated to the investigation o£criminal oll'enses involving family violence and
juveniles. the Policc Depauiment ulilind the grant funding to provide an investigator
that has been trained in the investigation of Ix,th ju%enile offenses and domestic violence.
During the first year of the grant, this inwsligator has been assigned 422 cases involving
Grmi ly violence, runaways, and juvcnlle crime and cleared 308, or 72 percent, of those
• casts. The additional staffing has assisted the Department in reducing the recidivism of O •
family violence offenders by 24.8 percent and the roeidivism of tunauays by 22.6
percent.
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PRIOR ACTION/REVIEW: ;d.
The City Council authorized the submission of the original grant application on
May 21, 1996. The City Council authorized submission of a renewal application
for the second year funding on April 15, 1997. On February 17, 1998, the City Council "
approved Resolution R98-009 authorizing the submission of a renewal application for the w'
third and fourth year funding. On June 10, 1998, the Police Department was advised by
the State that the resolution was required to contain specific wording regarding the grant
period, funding levels, and reimbursement to the Sta,e in the event of misuse of funds. A
request',vas submitted to the Legal Department to incorporate this wording into the
origina, resolution and the draft is attached.
FISCAL 1111 PACT:
This grant program provides funding over a five year period with the Stata contribution Yr
r
decreasing by 20 percent each year. This renewal application is required to contain both
the third and fourth years of the program, with the Stare contribution being 60 percent and
40 percent, respectively, The total cost of the program includes the investigator's salary
and benefits, training and associated travel expenses, supplies, and direct and indirect
operating costs.
THIRD PEAR (September 1, 1998 - August 31, 1999)
EXPENDITURE STATE FUNDS LOCAL MATCH TOTAL
Base Salary $27,720 S18,480 S46,200
Benefits 7,540 5,027 12,567
TrainingIrravel 388 259 641
Supplics'DirectCosts 1,476 984 2,460
Indirect Costs -743 _Q 74
Total 37,867 24,750 62,617 '
y FOUR111 YEAR (September 1, 1999 - August 31, 2000)
EtPFND11 U 2~F STATE_ FU1jti LOCAL MA TOTL\,L
a t
Base Salary $19.406 529,108 $ 48,514
Benefits 5,:27 7,839 13,066
IndirectC'osts 493 --Q 93 !
Total 25,126 36,947 62,073
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Respectfully submitted,
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RESOLUTION NO. ,~9 -009
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A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
SUBMISSION OF AN „PPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE
OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED
FUNDING FOR ONE (1) JUVENILEIDOMESTIC VIOLENCE INVESTIGATOR AND
ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton is eligible to receive funds from the Criminal Justice
Division of the Office of the Go4emor, State of Texas, and desires to increase the effectiveness
of the Denton Police Department's efforts to resolve problems associated with juvenile crime r`
and family violence; and
WHEREAS, in order to receive such funds, it is necessary for the Council of the City of
Denton to authorize the submission of an application to the Criminal Justice Division of the
Office of the Governor, State of Texas, requesting continued funding for one (1)
juvenileadomestic violence investigator and associated training azd supplies to be dedicated to
the investigation of criminal offenses involving juveniles and family violence; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I That the City of Denton, Texas, certifies that it is eligible to continue to E
receive a funding allocation from the Criminal Justice Division of the Office of the Governor,
State of Texas, for one (l) investigator to be used in the investigation of criminal offenses
;nvolvin¢;nvenil^s rnd family violence end associated training and supplies; j
SECTION IL That the City Council authorizes and directs the City Manager, or his
dcaignce, to represent and act on behalf of the City of Denton in applying for and working with
the Criminal Justice Division of the Office of the Governor, State of Texas, in regard to such
grant application.
• SECTION 11I; That the Chief of Police shall forward a copy of this resolution to the i i
Criminal Justice Division of the Office of the Governor, State of Texas.
SECTION IV; That this resolution shall become effective immediately upon its passage
and approval. t
,
A PASSED AND APPROVED this the day of '1998 O
JA LLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPR ED AS 0 LEGAL FORM.
HERBERT L. PROUTY, CITY ATTORNEY
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING TIC SUBMISSION
OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE
GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED FUNDING FOR ONE (I)
JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR AND ASSOCIATED TRAINW6
AND SUPPLIES FOR A FAMILY SERVICES UNIT; AND PROVIDING AN EFFECME
DATE.
WHEREAS, the City of Denton is eligible to receive funds from the Criminal Justice
Division of the Office of the Governor, State of Texas, and desires to increase the effectiveness
of the Denton Police Department's efforts to resolve problems associated with juvenile crime
and family violence; and
WHEREAS, in order to receive such funds, it is necessary for the Council of the City of
Denton to authorize the submission of an application to the Criminal Justice Division of the
Office of the Governor, state of Texas, requesting continued funding for one (1)
juvenile/domestic violence investigator and associated training and supplies to be dedicated to
the investigation of criminal offenses involving juveniles and family violence; and
WHEREAS, the Council of the City of Denton rinds it in the best interests of the citizens
of the City of Denton, that the Family Services Unit be operated from 09/01/98 through
08131/99;and
WHEREAS, the Council of the City of Denton has considered the proposed application
for State and Federal Assistance for said project, in the amount of $37,867 to be submitted to the
Office of the Governor, Criminal Justice Division; and i
WHEREAS, the Council of the City of Denton has agreed to protide matching moneys i
for the said project in the amount of $24,750, or an amount equal to one-fourth of the total
project cost as required by the grant application; rmd
jft
WHEREAS, the Council of the City of Denton has agreed that in the event of loss or
0 misuse of the Criminal Justice Division funds, the City Counci3 assures that the funds will be
returned to the Criminal Justice Division in full; NOW THEREFORE,
711E COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I The City Council of the City of Denton approves submission of the grant
e application for the Family Services Unit to the Office of the Governor, Criminal Justice Division
(CJP 421) Program in lh amount of $37,867.00.
SECTION L That the City of Denton, Texas, certifies that it is eligible to contLnue to
receive a funding aftcation from the Criminal Justice Division of the Office of the Governor,
6
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State of Texas, for one (1) investigator to be used in the investigation of criminal offenses
involving juveniles and family violence and associated training and supplies;
SECTION IM That the City Council authorizes and directs the City Manager, or his
designee, to represent and act on behalf of the City of Denton in applying for and working with
the Criminal Justice Division of the Office of the Governor, State of Texas, in regard to such
grant application.
SECTION N: That the Chief of Police shall forward a copy of this resolution to the
Criminal Justice Division of the Office of the Governor, State of Texas,
SECTION V: That this Resolution shall become effective immediately upon its passage
and approval,
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PASSED AND APPROVED this the ` day of 1998
JACK MR LER, MAYOR ;
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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Apenda No
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Date_ _
AGENDA INFORMATION SHEET
AGENDA DATE: July 21, 1998
DEPARTMENT: UtilityAdministrwion
ACM: Howard Martin, Assistant City Manager/Utilities
SUBJECT
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADOPTING A LOGO TO BE
USED AS THE, OFFICIAL LOGO OF THE ELECTRIC UTILITY OF THE CITY OF
DENTON, TEXAS; PROHIBITIN3 THE USE Ol' SUCH LOGO BY ANY PERSON,
FIRM, CORPORATION, OR ORGANIZATION, OTHER THAN THE CITY OF
DENTON WITHOUT WRITTEN APPROVAT, OF THE CITY MANAGER;
PROVIDING FC R A PENALTY CLAUSE; PROVIDING FOR A REPEALER.
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
BACKGROUND
The City of Denton Electric Department, in our on;ning efforts to compete with ether
utilities in the area, recognized the need to develop a distinct name and logo for the
Electric Utility, The name Denton Municipal Electric (DME) was selected by citizens
and staff and the University of North Te m was asked to develop a new logo for Denton
Municipal Electric. The University submitted two possible logos and a contest was held `
tc. determine which logo would be used by Benton Municipal Electric. Customers of
Demon Municipal Electric were asked to vote for the logo they wanted for their utility. A
logo was selected and will be used for all DME vehicles, eynipment, and suppli:s. This I
ordinance will protect the logo and our rights to use the logo as well allow for the
copyrighting of the new logo.
rMF AGTIONIREViM (Council. Boprds. Commissions) f
Board agr.~cd nn importance of distinct logo and name in time of increased electric utility
competitior. Nev, logo prc.ented to Public Utilities Board on July 20,1998. I
LL;CAL INFORMATION
t1 Thews. .pace logos on electric utility vehicles is expected W be less than $5,000.
Stationary items will be replaced as used.
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Respectfully vubmitte&
Sharon Mayes
Director of Electric Utilties
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Exhibit 1: Ordinance
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ORDINANCE NO,
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADOPTING A LOGO TO BE USED
AS THE OFFICIAL LOGO OF THE ELECT1tIC UTILITY OF THE CITY OF DENTON,
TEXAS; PROHIBITING THE USE OF SUCH LOGO BY ANY PERSON, FIRM,
CORPORATION, OR ORGANIZATION, OTHER THAN THE CITY OF DENTON
WITHOUT WRITTEN APPROVAL OF THE CITY MANAGER: PROVIDING FOR A t
PENALTY CLAUSE; PROVIDING FOR A REPEALER: PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DOTE.
WHEREAS, on April 19, 1994, the City Council enacted Ordinance No. 94.074 .%l-Ich
adopted an official Logo to be used on all official City of Denton :materials, equipment, and
supplies; and thereafter, on January 9, 1996 the City Council enacted Ordinance No. 96.011
amending Ordinance No. 94-074 in several respects; and
WHEREAS, heretofore the City of Denton has not adopted a separate official Logo for
its municipal electric utility, and at this time desires to do so; which Logo shall be used oa all
official Denton Municipal Electric materials, equipment and supplies; and
K')iLREAS, in connection with the adoption of this Logo, the City's municipal electric
utility has conducted a poll of City of Denton municipal electric utility ratepayers to determine
which of two prolx)sed Logos presented to them, was the most favored Logo by a majority of the
City f Denton municipal electric utility ratepayers completing ballots and voting therefor, and;
after the close of the poll, all votes were tabulated, and it has been determined that Logo No.
Two rer:ived the majority of said votes. The City Council has therefore determined that it
should adopt Lego Number 'two, as attached hereto as Exhibit "A", as the official Logo of
Denton Municipal Electric; and
WHEREAS, the foregoing actions of the City Council are consistent with and permitted
by the provisions of Section 1,05 of the City Charter, and
WHEREAS, application shall be made to copyright the Logo as the property of the City
of Denton: and
WI ILRFAS, as the official Logo of Denton Muricipal Electric, the City Council is of the
opinion that the same should not be used by any other person, firm, corporal on, or organization
for any purpose without the written approval of the City Manager; NOW, THEREFOR,
h
1 [IF COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
• SEC ON That the Logo as set forth in the attached Exhibit "A" is hereby approved ~ 0 •
and adopted as tht official Logo of Denton Municipal Electric, this official Logo shall be
reflected and uti' ,:d on all Denton Municipal Electric equipment. supplies, and materials
ordered or purchased nltcr the effective date of this ordinance.
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SECTIO f Fl: That no person, firm, corporation, or organization, other than the City of
Denton shall adopt, use, display, incorporate, or appropriate the official Logo of Denton i
Municipal Electric as any part of any material, equipment, or other atatter of such person, firm,
corporation, or organization without written application to and written approval of the City
Manager.
ES CTIO 1~F1; That any person, film, corporation or organization violating any provision
of this ordinance shall, upon conviction, be fined a sum not exceeding Two Hundred Dollars
($200.00). Each day that a provision of this ordinance is violated, shall constitute a separate and
distinct offense.
$ECTLQ jV; That all ordinances or pans of ordinances in force when the provisions of
;
this ordinance became effective, including without limitation, Ordinance No, 94.074, 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 V: That if any section, subsection, paragraph, sentence, clause, phrase or
word contained 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 s`.tch invalidity.
SECTION VI: That this ordinance shall become effective fourteen (14) days from the
date of its 1 assage, and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record: hronicle, the official newspaper of the
City of Denton. Texas, within ten (10) days vf the date of its passage.
PASSED AND APPROVED this the _ day of 1998.
• i
,
JACK MILLER, MAYOR
AT I BST:
JENNIFER WAI,TFRS, CITY SECRETARY I
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i ~ APPROVED AS TOl.EOAL FORh1,
I IFRIIERT L. PROUTY, CITY ATTORNEY
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AGENDA INFORMATION SHEET 1Ur;oda Item
Data
AGENDA DATE: July 21,1998
DEPARTMENT: City Madager's Office
CM/DCMlACM: Rick Svehla, Deputy City Manager
B~1 ECT-
A resolution of the Cisty, of Denton, Texas, formally amending Resolution Number R92-040 to
rename the Denton I :unicipal Complex; and providing for an effective date.
BACKGROUND
Council Design Committee has looked at changing the name of the Denton Municipal Complex to
City Hall East thus making it more functional and descriptive to serve our citizens and clients more
efficiently and productively. The committee and the staff recommend this change,
FISCAL INFORMATION
Nle will have to change out the sign at the DMC and stationary will have to be changed as they are
reordered. We would suggest making the name effective at the dedication of the building which is
scheduled for later this fall.
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Respectfully submitted: ' 1 1, , L I .
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Deputy City M&iager
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DEN'fON, TEXAS, FORMALLY AMENDING
RESOLUTION NUMBER R92-040 TO RENAME 711E DENTON MUNICIPAL. COMPLEX;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton will soon be in the process of expanding and renovating
its facilities known currently as the "Denton Municipal Complex' and so named by Resolution
Number R92-040 passed by the City Council on July 21,1992; and
WHEREAS, in order to maintain an orderly flow of business and to better accommodate
citizens using City facilities, a committee of the City Council has studied the issue and submitted
recommendation to the City Council for renaming certain facilities including the Denton
Municipal Complex, and the Council wishes to accept and implement the same; NOW,
THEREFORE,
rHE CITY COUNCIL 01: THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1; That Resolution Number R92-040 is hereby amended by renaming those
facilities located at 601 East Hickory and 604 East Hickory, formerly owned by Moore Business
Forms, and currently known as the Denton Municipal Complex as "City Hall East".
5FCf10N 11; That save and except as amended hereby the remaining sections of
Resolution number 92-040 shall remain in full force and effect.
5~CTION III; That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 1998
r : iACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:_ , - _ p •
APPROVED AS TO LEGAL. FORM:
'~IIP I I°RBERT L. PROUTY, CITY A7 ORNFY
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CITY OF DENTON, TEXAS office of the C6 maneor
MEMORANDUM
T0: Mayor and Members of the City Council I
FROM: Rick Svehla, Deputy City Manager
DATE: July 15, 1998 1J
SUBJECT; Changing the Name of the Denton Municipal Complex (DMC)
In 1992, the old Moore building was formally named the Denton Municipal Complex and
the original City Hall was named City Hall West.
Since we are renovating and moving Customer Service to the DMC, the Council Design
Committee thought it might serve our citizens and clients better if we changed the name
of this facility to City Hall East. Thus all three of our buildings would be designated as -
City Hall; either east, west or the main building. It would make the address of customer
service a city hall building thus give our most prominent public service department a city
hall address. Your design committee thought that was a good idea and staff concurs.
We had mentioned this in earlier correspondence, to the Council and this is a way for us
to make all of the city facilities more consistent.
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AGENDA INFORMATION SHEET Apcnda Item
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AGENDA DATE- July 21, 1998 Gate-~
DEPARTMENT: Planning Department
CMIDCMlACM: Pick Svehla, 349-7715
SUBJECT -Z-93-025: (Needill wi F,rtterprises)
Hold a public hearing and consider rezoning 2.294 acres from a Commercial (C) zoning district
to a Multi-family One (MF-1) zoning district. The property is legally described as part of Tract
350 of the Alexander Hill Survey and is located on the south silo of 1-35 East, to the north of
Londonderry Street, and between Sam Bass Boulevard and Teasley Lane. The proposal is to
develop a multi-f~ Idly complex.
BACKGROUND
This property is located within a Moderate Activity Center as defined by the 1988 Denton
Development Plan, It has remained undeveloped since being rezoned to a Commercial (C)
zoning district in 1983 after being originally designated as an Agricultural (A) zoning district in
1969 by the first zoning ordinance and map for the City of Denton. Of the eight (8) property
owners notified, three (3) responses have been received: One (1) response is in favor, one (1) is
neutral and the other (1) is opposed to the rezoning request (see Attachment 5). The proposed
zoning is consistent with all of the policies of the 1938 Denton Development Plan (DDP) as
applicable and many of the 1998 Denton Plan (DP) Policies (see Attachmenl 7 - Plan Analysis).
TripG:neration Analysis
Traffic generated by 7olential development on the subject property will have a significant impact
on the existing transportation infrastructure. A comparison of the number of trips generated per
acre by permitted land uses under the proposed zoning district (Multi-Family 1) to permitted uses
within the present zoning district (Commercial) indicates that multi-family projects place a
smaller demand on transportation infrastructure than commercial activity. This is due to the fact
that commercial property typically generates 650 trip srday/acre (Ud/ac) while multi-family
communities produce 200 V&ic. As an example, a comparison of vehicle trip generation rates
arc nruvided to quantify the impact of the proposed apartment complex and a hypothetical
specialty retail centers on the subject property (sec Table 1 on the following page). This is only
intended to contras. the impact of what could be developed on the subject property within either
of the twa zoning districts,
Trip generation figures for the Iwo scenarios presented in Table 1 are based upon assumptions
specific to the subject property. First, the applicant has proposed a 264 unit apartment complex
on a tolal 8.66 acres (sec Attachment 2), Th^ development will include roughly 4,155 acres of
land located to the south, which is already zoned for multi-family, and another 2.21 acres located
immediately to the east of the subject property, which is under consideration for rezoning from
S Commercial (C) zoning district to Multi-Family 1 (MF-1) zoning district (Z-98-030). (The
'ihc Institute of Tra ,sportation Engineers (17L) defines specialty retail centersu snail strip shopping centers
containing a vaiicty of retail shops, specializing in quality apparel, hard goods, sen ices such as real estate offices,
dance studios, or nc,ists, and small teslaurants, A local example could be the Albertson*%Shopping Center at 1.35
Pact and Lillian Miller.
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Planning and Zoning Commission recommended approval (4-1) of this second rezoning request
on June 24, 1998.) The hypothetical specialty retail center total acreage is 4.507 acres,
coinciding with the total acreage within',oth rezoning requests (2.294 acres+ 2.21 acres = 4.504
acres). Based upon this acreage, staff calculated that a 79,000 square foot retail center could be
located on this site, allowing for appropriate parking and landscaping.
Table 1. Comparative Vehicle Trip Generation
Dayrfime Multi-Family recialty Retail
Development Center
Weekday Average 1,740 trips 3,213 trips
Weekday; A.M. Peak Hour _ 124 trips 506 trips
Weekday: P.M. Peak Hour 151 trips 390 trips
Saturday Average 1,890 trips 3,321 trips
Sunday Average v 1,602 trips 1,614 trips
e CeIculetle°1 r ,Ided by the Imtllute orTnmporte':oa EN.J mm 1991
J i
As the Table 1 indicates, a high-density housing development will have significantly lower trip
generation than a specialty retail center. On any given weekday, the hypothetical specialty retail
center could generate 1,473 more trips than the proposed multi-family housing development
(3,213 trips - 1,740 trips), Likewise, there would be an additional 1,431 trips produced by
businesses in the specially retail center than by the proposed 264 apartment unit community on
Saturdays (3,321 trips - 1,890 (rips). The difference on Sundays between these the two scenarios
is immair sl.
Traffic in this area will increase as undeveloped land along 1.35 East is developed. The 1988
Denton Development Plan calculates vehicle trip intensity for this area is over allocated by 104%
(see Attachment 3). Trips allocated to vacant land (not built) located witf in this intensity area
account for 39510 of all trips as currently zoned (see Attachment 7 - Pla n Analysis, Chart 1.
Intensity Calculations), The proposed development on just the 4.507 acres contained within both
zoning requcs!s (7.•98-025 and Z-98.030) will reduce the over allocation of trips to only 102% or
by two thousand and twenty-eight (2,028) trips per day. As the above table demonstrates, high-
density housing creates foyer trips per acre than commercial uses. Therefore, be it a specialty
retail shopping center, P. multi-screen movie theater, discount retail stoic, or hardware/lumber
store, commercial property will generate more trips (650 f'd/ac) than multi-family development
(200 Vd/ac) and will place a higher demand on local transportation infrastructure, keeping
vehicle trip intensity over allocated within this intensity area.
t Density
The maximum number of apartment units that can be constructed on a properly located in a 1
NTL116•Fantily I zoning district is restricted by Section 35-91(e)(2) of the Code of Ordinances.
This section defines unit density standards by way of establishing a minimum square footage per
apartment unit. An efficiency unit requires a minimum land area of one thousand (1,000) square
feet. A one-bedroom unit requires a minimum land area of one thousand Iwo hundred (1,200)
square feet. For each additional bedroom, an additional three hundred (300) square feet of land
+pr is required; a lwo•bcdroom requires one thousand five hundred (1,500) square feet and a three.
bedroom requires one thousand eight hundred (1,800) square feet. Therefore, the maximum
number of apartment units that can be constnlclcd on a property, while observing area
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regulations concerning setbacks, parking, building coverage, and landscaping, is a factor of unit
mix and number of stories.
A review of existing apartment complexes in town reveals a wide range of unit density (Table 2).
Eleven (11) apartment complexes were identified within current Multi-Family 1 (MF-1) zoning
districts with a minimt, a of one hundred (100) units that have been developed under current
zoning regulations. Density varies from as low as 16,94 wi,*Wacre at the Arbors at Denton to as
high as 40,47 units/acre at The Oaks Apartm--nts. The average density of these multi-family
complexes is 25,64 uniWacre. The proposed development would be 30.47 unitslacre.
Table 2. Analysis of Existing Muld-Family Density, Denton, Texas.
Number Density
Apartment Complex Address of Units Acreage (unitlac.)
[Aa le Creek I610 E. McKinne Street 308 11,410 26.99
rbors at Denton i 103 Bernard Street 191 11.275 16.9•
Colina 1200 Dallas Drive 54 10.1$9 25,99 !r
Oak Meadows 1810 Teasley Lane 160 6.000 26.61
Pace's Crossing 2411 1-35 East 360 13,100 27.48
Rams Gate 1407 Bernard Street 279 0.137 30.54
Residence_ 1801 Jason Drive ~ 112 3.534 31,69
Sunburst Place It 1030 Dallas Drive 300 11.054 27.14
The Oaks 425 Bcmard Street 344 8.500 40.47
WestH ind _ 1710 Sam Bass Boulevard 224 9.242 2414
W lodhill 1408 Teasxy Lane 351 19.543 18.01
Avera a 2,894 111.954 23.62
Proposed Needham Enterprises Apartments 264 8.662 30.47
On,! distinction can be made between the proposed high-density development and existing ones,
that is it mill have to meet the current Landscape Code regulations, which require a minimum of
IHcnty (20) percent pervious (landscaped) area and fifleen trees per acre, Many existing
apartment developments that meet the zoning regulations concerning density, setbacks, parking,
and building cmcrage do not meet today's more reshictivt landscape requiremc-its.
PRIOR ACTION/RFVIFW (Council Boards. Commissioo1)
{ 9hc Planning and Zoning Commission recommended approval (5-0) of this zoning requc ' on
May 27, 1998: as recommended by staff without conditions. City Council postpo, A k
consideration of'his tequcst due to a tic vote (3.3) on June 16, 1998 (Attachment 9). ! i
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ATTACHMENTS
1. Trip Generation Tables
2. Development Boundary Map.
3. Intensity Area Map and Calculation.
4. Utility Map,
5. Property Owner Responses (3),
6. Draft Ordinance.
7. Planning and Zoning Commission Report, May 27, 19; 3, Z-93-025.
8. Planning and Zoning Commission minutes from May 27, 1998.
9. City Council Staff Report, June 16, 1998, Z-98-025.
Respectfully submitted!
DaVOR 1 r'
Director of Planning and Development
Prepared by
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ATTACHMENT 1
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Table Ir Tfulti-Family Vehicle Trip Generation
Day/Plme Vehicles Vehicles Average Trip "
Entering Existing Generation per 1
Dwelling Unit
Weekday Average 50% 50% 6.59 trips/day
Weekday, A.M. Peak Hour 20% 80% 0.47 trips/twur
Weekday: P.M. Peak Hour 66% 34% 0,58 trips/hour
Saturday Average 50% 50% 7.16 trips/day
Sunday Average 50% 50% 6.07 trips/day
,teaaeatssat '
• ('alculatlont provided by a Institute of ire osportallon rn jina r e, 1991.
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Table 2. Specialty Retail Center Vehicle Trip Gen erstlon (Per 1,000 Sq. Ft.)
Day/Time Vehicles Vehicles Average Trip
Entering Existing Generation per 1,000
Sq. Ft.
Weekday Average 50% 50% 40.67 tripO,000
Weekday: A M, Peak Hour _ 48% 52°/a 6.41 tripaour
Weekday, P.M. Peak Hour _ 57% 43:'0 4,93 trips/twur
Saturday Average 50Ye 50% 42.04 tripsr1,000 II I
Sunday Average 50n/o 50% 20.43 trips/1,000 fS
• ('eltuletiont pro, Ided by the Imllb,te orTrwPorletlon Entln"m 1991. +
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1KTIN117I ASIA • 130 111$ 437.55 ACRES
BOVNDAIY DIIORIPTION
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LAND USE MANAGEMENT INFORMATION SYSTEM
PLANNING AND DEVELOPMENT DEPARTMENT
CITY OF DENTON
.
Intensity area 80 Type: Moderate Intensity ';rips/ac 350
Traffic survey zones: 6583 6588 6593A
Boundary Descriptions South4 I-356, Sam Bass, Londonderry, Teasley Ln.
East: Dallas Dr.
Dates 08/15/95 West: MKT 6 TP Railroad
LAND USE EXIRTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY
SF-16 0 0 0 0 0 0 0 0
SF-10>16 0 0 0 0 0 0 0 0
SF-7>10 55 18.23 550 0 0 0 0 0
LESS SF-7 0 0 0 0 0 0 0 0
MOB.HOMES 16 7.09 160 0 0 0 0 0
DUPLEX 0 0 0 0 0 0 0 0
MF-R 0 0 0 0 0 0 0 0
MF-162 1461 116.81 11668 4.33 866 0 0 0
COM/RET 1 131.51 65461.5 90.31 58701.5 0 0 0
OFFICE 0 3.01 1053.5 0 0 0 0 0
INDUSTRY 0 0 0 0 0 0 0 0
9TI'NAL 0 1.38 117.3 0 0 0 0 0
RKS 0 0.39 11.7 0 0 0 0 0
R/0/SPACE 0 2.21 0 0 0 0 0 0
TRANSPORT 0 60.11 0 0 0 0 0 0
AGRIC. 0 0 0 3.17 0 0 0 0
VACANT 0 96.61 0 0 0 0 0 0
TOTAL 1533 437,55 99062 97.83 59568 0 0 0
INTENSITY CALCULATIONS
(1) Intensity area total trips 437,55 times 350 153143
(2) Trips allocated to existing land uses (built) 99062
. (3) Tripe allocated to current zoning incl. P De (not built) 59568
(4) Trips allocated to vacant lands not zoned plus Agric, zoning 1110
(5) Estimated unallocated intensity trips 1)minus(2)+(3)+(4) -6596
(6) Percentage of intensity trips allocated 104
ONE THIRD RULE CALCULATIONS
Acres Tripe Q
(1) Allocations for com\retail development 145.85 94803
(2) Existing com\retail land uses (built) 133.51 65482
(3) Current zoning for com\retail land uses 90.31 58702
(4) Total trips\acrPa allocated (2) + (3) 221.62 144183
(5) Unallocated tril4s\acres •75.97 -49381
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~.14 ATTACHMENT 5
NOTICE OF PUBLIC HEARING
Z-98-025
The Planning and Zoning Commission of the City of Denton will hold a public hearing on
Wednesday, May 27, 1998, to consider rezoning 2.297 acres from a Commercial (C) zoning
district to a Multi-famlly One (MF-1) zoning district. The property Is legally described as part of '
Tract 350 of the Alexander Hill Survey (Abstract 623) and Is located on the south side of 1.35
East and to the North of Londonderry Street. The proposal Is to develop a multl-family complex.
The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at
215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200)
feet of the subject property, the Planning and Zoning Commission would like to hear how you
feel about this zoning change request and Invites you to attend the public hearing. Please, In
order for public opinion to be taken into account, return this form with your comments to:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Wayne Reed, Planner I
A zoning petition follows a two step process designed to provide opportunities for citizen
Involvement and comment. The first step, following the submission of an application for a
zoning change, is to schedule a public hearing before the Planning and Zoning Commission,
Landowners within two hundred (200) feet of the subject property are notified of the Planning I
and Zoning Commission public hearing by way of this notice. The Commission Is Informed of
the percent or responses In support and in opposition. Second, the zoning petition is forwarded
to the City Council for final action providing the Commission recommends approval. Should the
Commission recommend denial, the petitioner may then appeal ti o request to the City Council.
If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the
site submit written opposition, then six out of seven votes of the City Councll are required to
approve the zoning change. These forms are used to calculate the percentage of landowner
opposition.
Please circle one:
in favor of request Neutral to request Opposed to request
Comments:
The vacant Im-d just to the south of this plot is zone MT-1 6 LI, so I don'c
think cltvxlirg this from Commercial to W-1 should be a problem or concern.
The area is either ourmercial or Multi Family now,
' • L~C~COQJC
Signature; ` _ -
Printed Namo: E. Joseph Bendz ck MAY 2 0 1498
i Mailing Address: 1810 Teasley Lane
City, Slate zip: Denton, TX 76205
• Telephone Number: 940-566-1352 _ •
Physical Address of Property within 200 feet: North end of Jason Drive
CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 • 940.349.8350
Z-98 025 700• Norco doc
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FROMt KARL A S4EETMA`I, DDS Tot 9403497707 05-28-90 11=44 PACE$ 1
NOTICE OF PUBLIC HEARING
Z-98.023
The Planning and zoning commission of the Cl of Denton will hold s public hearing on "
Wednesday. May 27, 1998, to consider rezoning 1.297 acres from a Commercial (C) zoning
district to a Multi-family One (MF-1) zoning district. The property Is legally described as part of
Tract 350 of the Atexander Hill Survey (Abstract 423) and is located on the south side of 1.35
East and to the North of Londonderry Street Trio proposal Is to develop a muhl-family complex.
The public hearing will Start at 5 30 p.m. In the City Council Chambers of City Hall located at
215 E, McKinney Street, Denton, Texas. Bemuse you own properly within two hundred (200)
feet of the subject property, the Planning and Zoning ContrnIsslon would like to hear how you
feet about this zoning ehLngc request and Invites you to attend the public hearing. Please. In
order for public opinion to be taken Into account, return this form with your comments to:
Planning and Development Department
221 N. Elm ST
Denton, Taxes 70201
Atli: Wayno Reod, Plannwr 1
A zoning petition follows a two step process deslgned to provide opportunities for citizen
Involvement and comment. Too first step, foilowing the submission of an application for a
zoning change, Is to schedule a public hearing before the Planning and Zoning Corrlmisslon.
Landowners within two hundred (200) feet of the subject property are notified of the Planning
and Zoning Commission public hearing by way of this notice. Tho Commission Is Informed of
the percent of responsos In support end In opposltion. Second, the zoning petition Is forwarded
to the city Council for final action providing the Commission recarrnands approval. should the
Commission recommend denlal, the potitionar may than appeal the request to the Cfy Council.
If 0,Nnors of more than twenty (2U) percent of tho land area within two hundred (200) feet of the
silo Submit written opposition, then six out of seven votes of tho Cl.y Council ore required to
approve tho zoning chango. Those forms are used to calculate the percentage of landowner
opposftton.
Pilaw circle ono:
In favor of request Neutral 10 request posed to request
Comments: MroP~Ain. deP:,.4a of^ fill 9oaft~ of flis. gmtei"
dt~e<o~frte+~ WOO arty 04 r41ynvfie* 76vrAti4l a6v+e,
if fd 6AW(f-fr, defarrnlic w4il-fyjaP"?j is,nhgfrw,
• Signature! Q t~• E C E 9 1S
Printed Namo: rE Ivet:4.%, MAY Z 6 1948 D
Mailing Address'. 71J Jea, II
City,Stale zip: _ D0lttbh, r% 1620t;
Telephone Number: d61 • f 9 f d PI AN00 lit MLOPMENt
• physical Address of Property within 200 feet: 515 Contlorteltrry O
CITY OF DENTON, TEXAS CITY HALL WEST DENTON,1 ExfAS T620f 040149.8350
Jr. nnoa, rno 1~'o'.
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1101=1121101100
RAMA&
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NOTICE OF PUBLIC HEARING
Z•88-025
The Planning and Zoning Commission of the City of Denton will hold a public hearing on
Wednesday, May 27, 1998, to consider rezoning 2.297 acres from a commercial (C) zoning
district to a Multi-family One (MF•1) zoning district. The property is legally described as part of
Tract 350 of the Alexander Hill Survey (Abstract 623) and Is located on the south side of 1-35
East and to the North of Londonderry Street. 'rho proposal Is to develop a multi-family complex,
The public hearing will start at 5:30 p,m, in the City Council Chambers of City Hall located at
215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200)
feet of the subject property, the Planning and Zoning Commission would like to hear how you
feel about this zoning change request and Invites you to attend lhs public hearing. Please, In
order for public opinion to be taken into account, return this form with your comments to:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201 `
Attn: Wayne Reed, Planner I f
A zoning petition follows a two step process designed to provide opportunities for citizen
Involvement and comment. The first step, following the submission of an application for a
zoning change, Is to schedule a public hearing before the Planning and Zoning Commission.
Landowners within hvo hundred (200) feet of the subject property are notified of the Planning
and Zoning Commission public hearing by way of this notice. The Commission Is Informed of
the percent of responses in support and In opposition. Second, the zoning petition Is forwarded
to the City Council for final action providing the Commission recommends approval. Should the
Commission recommend denial, the petitioner may then appeal the request to the City Council.
If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the
site submit written opposition, then six out of seven votes of the City Council are required to
approve the zoning change, These forms are used to calculate the percentage of landowner
opposition.
Please circle one:
In favor of request Neutral to request Opposed to request
Comments:
- 7 ,
i 1
Signature: JUN }
Printed Name: ash r
Mailing Address, _
City, State Zip: _ 'Do V%- n t 7C~ ri 0
J141 Telephone Number 9L40-5(.<-:393
Physical Address ~)f Properly within 200 feel: _ M 14 -reaSle~LL4
CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 78201 940.349.8350
Z D&024 200' ko7kC doc
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' 11
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION TO NIULTI-FAMILY I (MF-I)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2,294 ACRES OF
LAND BOUNDED BY 1.33 EAST TO THE NORTH, TEASLEY LANE TO THE EAST,
LONDONDERRY STREET TO THE SOUTH, AND SAM BASS BOULEVARD TO THE WEST;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF S2,000.00 FOR j
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Needham Enterprises, on behalf of the owners, R. J. and Sherri Hutchinson, has
applied for a change in zoning for 2.294 acres of (and front Commercial (C) zoning district r'
classification and use designation to Muhi-Family 1 (MF-1) zoning district classification and use
designation; and
WHEREAS, on May 27, 1998, the Planning and Zoning Commission recommended approval
of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
Denton Development Flan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section . That the zoning district classification and use designation of the 2294 acre trace
of land described in the legal description attached hereto and incorporated herein as Exhibit A, is
changed from Commercial (C) zoning district classification and use designation to Multi-Family 1
(ktF-I) zoning district classification and use designation, under the comprehensive zoning ordinance
of the City of Denton, Texas.
Section 11, That the City's official zoning map is amended to show the change in zoning
district classification
"etion I . That any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding S2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
I
i S i V, That this ordinance shall become effective fouticen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
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PASSED AND APPROVED this the day of , 1498.
I
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY i
B1' i
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
t=
BY:. 4
5'Our Nwormhis Ordiwccr 9S Z-99-021 OTdmance duc
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EXHIBIT A
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ALL THAT CERTAIN TRACT OR PARCEL OF LAN3 LYING MO BEING SITUATED I
IN THE ALEXANDER HILL. SURVEY, ABSTRACT NUMBER 623, CRY AND '
COUNTY OF DENTON, TEXAS, BEING PART OF A CALLLED 10.709 ACRE
TRACT DESCRIBED IN A DEED FROM FLORENCE MARIE FIANACAN TO GARY J.
RHYNE RECORDED IN VOLUME 871, PACE 301, DEED RECORDS DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT A FENCE CORNER POST AT THE SOUTHEAST CORNER OF SAID
RHYNE TRACT; ,
THENCE SOUTH 88 DECREES 09 MINUTES 36 SECONDS WEST WITH THE NORTH
ONE OF RESIDENCE II ADDITION, AN ADDITION TO THE CITY OF DENTON.
AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET F, PACE 317,
PLAT RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 268.73 FEET TO
AN IRON PIN SET AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
TRACT;
THENCE SOUTH 88 DECREES 13 MINUTES 37 SECONDS WEST WITH THE NORTH `
LINE OF SAID RESIDENCE II ADDITION, A DISTANCE OF 320.73 FEET TO
AN IRON PIN WfM A RED CAP FOUND AT THE SOUTHEAST, CORNER OF A TRACT
DESCRIBED IN A DEED TO SAM BASS PLAZA, LTD., RECOROEO IN COUNTY CLERKS
INSTRUMENT NO. 93-RO031930, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 00 DECREES 44 MINUTEES 29 SECONDS EAST WITH THE EAST
UNE OF SAIO SAM BASS PLAZA, LTD. TRACT A DISTANCE OF 294,40 FEET
TO A 2 INCH IRON PIPE FOUND AT THE SOUTH WEST CORNER OF A TRACT
DESCRIBED IN A DEED TO ALEXANDER M. FINLAY, JR. RECORDED IN
VOLUME 984, PAGE 475, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE SOUTH 89 DECREES 24 MINUTES 34 SECONDS EAST WITH THE SOUTH
UNE OF SAID FINLAY TRACT A DISTANCE OF 275.30 FEET TO A 1/2 INCH IRON
PIN SET AT THE SOUTHEAST CORNER OF SAID FINLAY TRACT;
THENCE NORTH 00 DECREES 38 MINUTES 19 SECONDS EAST WRH E EAST
UNE OF SAID FiNIAY TRACT A DISTANCE OF 267.91 FEET TO A 1 2 INCH IRON
PIN SET ON THE SOUTH RIGHT OF WAY OF INTERSTATE HIGHWAY 3 E;
THENCE SOUTH 77 DEGREES 36 MINUTES 53 SECONDS EAST WITH SAID
RIGHT OF WAY A DISTANCE OF 30.65 FEET TO A 1/2 INCH IRON PIN SET;
THENCE SOUTH 00 DECREES 55 MINUTES 13 SECONDS EAST A DISTANCE OF
543.00 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL
p
100,000.0 SQUARE FEET OR 2.2939 ACRES OF LAND.
I
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ATTACHMENT 7
PLANNING AND ZONING COMMISSION REPORT
STAFF REPORT
Sub ec : Needham Enterprises Case Number: Z-98-025
Staff: Wayne Reed, Planner I pig: May 27, 1998
GENERAL INFORMATION
Applicant: Needham Enterprises ' rc r 4
4405 Bellwood Parkway North
Dallas, TX 75244 a,
Owner: R.J. & Sherri Hutchinson SITE
401 Pennsylvania Drive
Denton, TX 78205
Action: Consider rezoning a Commercial 14;c J
(C) zoning district to aMulti-family ' b
One (MF-1) zoning district ` Irk Sw
Location: On the south side of 1.35 East,
between Sam Bass Boulevard and f . - i r<
Teasley Lane, and to the north of
Londonderry Street (Figure 1 and
Enclosure 1),
Figure 1, The property is located In a Moderate Activity
Size: 2.297 acres, Center as defined by the 1988 Denton Development
Plan. It Is currently undeveloped.
SURROUNDING ZONING AND LAND USE
V
LOCATION ZONING pAND USE
North: Commercial (C) R-O-_ for -35 East
South: Multi-Family I (MF-1) Undeveloped land
East: _ Commercial (C) Undeveloped land
West _ Commercial (C) Undeveloped Land
SPECIAL INFORMATION
The subject proorty Is not pla'ted and would need to be platted prior to any development. The
developer Intends on constructing a multi-family complex on this 2 297 acre tract and on the i
property to the south (see Enclosure 1). The adjacent land to the south has already been platted,
but not developed, and zoned Multi-Family 1 (MF-1). Existing street access Is available from the
1.35 East service road to the north; the property to the south ha-, access onto Jason Drive and 0
Londonderry Lane. The petitioner has expressed a desire to extend Jason Drive (North-South
collector) from Londonderry Lane up to the 1.35 east service road. This issue of access will be 1
further explored during the platting process.
16.
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BACKGROUND
November 15, 1983 - The subject property was placed In the Commercial (C) zoning district and land
use classification by Ordinance 83.128 which amended the Comprehensive Zoning Ordinance and
Map for the City of Denton,
January 14, 1969 - The subject property was placed in the Agricultural (A) zoning district and land
use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City
of Denton.
NOTICE
Notice of the zoning request was published in the Denton Record-Chronicle on May 17, 1998.
Eight (8) property owne - s were notified of the request on May 16, 1998. As of this writing, there
has been one (11 response. This single response is in-favor of the rezoning request.
•-S
DENTON DEVELOPMENT PLAT, QQPI F AN LYSIS
This area Is contained within Moderdie Activity Center fi 80. Moderate Activity Centers
emphasize a diversity of land use developments: They are intended to place jobs and housing In
close proximity to one another, Staff finds the proposed developmment to be consistent with the
1988 DDP.
The current Intensity calculation forthis four hundred and thirty-seven (437) acre Moderate Activity
Center Indicates it is over allocated by 104%. This assessment is based upon two factors
existing land uses (built) and current zoning (not built). As Chart 1 (see below) demonstrates,
existing land uses are generating 99,062 trips per day (Line 2), while trips allocated to
undeveloped prope ty will generate another 59, 568 (Line 3) based upon current zoning. The
cumulative total for this area (Lines 1, 2 and 3) based upon existing conditions Is 6,697 trips above
the total number of allocated trips. The proposed development would reduce this over allocation
of trips by one thousand and thirty-three (1,033) or to only 103% (Line 8). This Is due to the fact
that commercial property typically generates 650 t/dlac while multi-family development produces
200 Vd/ac.
Chart 1. Intensity Calculations
...Y.v Existing Proposed
1 Moderate Activity Center (#60) total trips (427 acres x 350trd/ac.) 153,143 153,143
a, 2 Trips Allocated to Existing Land Uses (built) 99,062 99,062
3 Trips Allocated to Vacant Land as Currently Zoned (not built) 59,568
4 Trips Allocated to Vacant Land not Zoned (not built) - 11110 1,110
5 Trips Allocated to Vacanl Land with Proposed ?oning (not built) 68,535 _
Vii! 6 Total Number of Trips Generated ((2or 5)+3+4) 159,740 156,707
7 Estimated Unallocated Intensity Trips (1 minus (2 of 5)+3+4) •6,597 -5,564
8 Percent of Intensity Trips Allocated 104.3% 103.6% C
17.
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ANALYSIS
A summary of the 1988 Denton Development Plan policies applicable to this project:
Denton Development Plan
Policy Analysis Summary
Moderate Activity Center
Development Rafing vs. Polity
POLICY COMMENTS Gxws~ste tt incons5stetnt consistent
Intent. These areas are Intended to High density housing In this area will
encourage a eivemily of land use accomplish the primary goal of moderate
developments that place lobs and housing Activity Centers, At present, a Baylor
In dose pro>tlmity, to one another, medical Ii is rearing readiness for X
development. This project will provide
' housing in dose proximity to that
development as well as other nearby I
i. businesses
Intensity Standard. Moderate Activity AJlowed Intensity . 350 trlpslacre j
Centers shall have a standard vehicle trip Allocated Intensity - 004 trips/site 1
Intensity of 350 trips per day per gross Typical Mulb-Family I development
eat (tldlac) ranges between 20 and 25 units per sore.
On the high-end of 25 unitslacre, high
density hovsirg on average generates X
200 trip%taoe. Using that amount as a
conservatlve measure, the number of
trips generated on this 2.297 acre bad
would equal 455 trips or 57% of Its
allocated tnpsDiversity. land use diversity Is defined This would provide housing In an area
as uses oiler than the dominant land uses with existing businesses, X
in the area such as commercial, retail,
light Industrial, and ofri
High-Density housing. Multi-family This project well provide additional multi
hovsing is encouraged in these areas, ramlly housing, X
Including manufactured housing
Low Denali neighborhood Housing This property h not adjacent or near
Protection Single family r6dences single fam ly subdivision and therefore
should be protected by strict site design would not Impact low density X
control, Including Se F.laOs, buffering, and neighborhoods
tandscaping.
Strlp Commercial, The plan ericourages This Is not strip commercial
centers of business activity while X
ti discouraging strip tomme-dal
development
•
DENTON PLAN POLICIES ANALYSIS.
A summary of how the proposed development relates to the policies of the Denton Plan:
i ,
Growth Management Cateoonr
r a Promotes efficient use of existing infrastructure,
a Balances land use, enhancing economic diversity and the tax base.
a Consistent with the goals of the comprehensive plan.
z 9;I OLS I'i 5'a'r nri~oirMx
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DENION PLAN POLICIES ANALYSIS {continueft
i ansportation Catego
• Compliments thoroughfare plan.
Stormwater Drainage System CaIQ=
. Not applicable. +
Water and Wastewater System Cataaorv J
• Develops and maintains property and private infrastructure.
• Promotes In-fill development, avoiding new line extensions.
Electric System Cataaorv r'
• Not applicable.
Solid Waste Cataaorv
• Not applicable.
Parks and Recreation Calaoorv
} • Contributes to the development of parks for all citizens,
Environmental Quality Calaoorv
• Not applicable.
Nelghborhoods Catagorv
. Provides a mixture of land uses In close proximity to another.
Housing CatMty
,
• Offers alternative housing to the primary single-family development.
• Increases the range of housing types available to residents.
• Places high density housing in close proximity to employment opportunities and
commercial services.
Economic Diversification Calaoorv
• Expands the City's tax base.
Governmeni Cataaorv
Y d
• Not applicable.
Urban Desion Cataaorv
• Promotes architectural diversity along a major entranceway.
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RECOMMENDATION '
Staff recommends approval of Z-98-023.
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MOTION
I move to recommend approval of Z-98-025.
ALTERNATIVES
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial.
4. Postpone consideration,
5r Table Item.
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ENCLOSURES
1. Location Map.
2r Zoning Map.
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ENCLOSURE I
4
NORTH
Z-98.025 Needham Enterprises)
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,f. LOCATION MAP
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Date: May 27, 199 Scale: one
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MENOMONEE
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ENCLOSURE 2
.I NORTH
Z-98-025 NEEDHAM ENTERPRISES -&p 0k7-
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ZONING MAP
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Date: May 27, 1998 Scale; None
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Planning and Zoning Commission Minutes ATTACHMENT 8
May 27, o1998
r 5 ~l J F ° JJ +
Page 22 of 58 A full r. Charles, Adwtly, I have to tell you that we defer to the expertise of Cara Fright and the conversalloqLOW
e been bavlnp with the FAA and they were satisfied, but Mate not to say that the recommendatio nl a
belt ommendation. And I think k Is,
Mr. Moreno. nk you, air.
Mr. Charles. Yes.
Commiss;oner Powell: M r questions or comments time? Thank you very much, sir. Are we-
Mr. Reed,
Mr. Reed, Staff would like to make on nt. The landscape plan here indicates that a number of the trees
are large trees as per the approved a e landscape code. There's also another portion of the approved
plant list which Includes smar nd a numbe do prow to a maxlmum height of about 15 feet and that
might be something that want to censlder, trust o bring that to your aherton-to replace large trees
with medium or a es.
Commis ' Powell I don't think there'd be any need for that, An nts or questions before we
vo a have a motion. We do hove a secand-correct7 Thom Pri ready to vote. a of
0 In favor of the motion.
11. Hold a public hearing and conslder making a recommendation to the City Council concerning the
rezoning of 7.297 acres from a Commercial (C) toning district to a Multi-fomRy One (MF•1) toning
district. The undeveloped property IS located on the south Nde of 1.35 East and to the north of
Londonderry Street; It Is legally described as part of Tract 350 of the Alexander Hill Survey, The
Proposal Is to develop a multi-family complex, (Z-98425, Neadham Enterprlsa, Wayne Reed)
Commissioner Powell, We now go to Morn 11-we will hold a publk hearing snd consider making a
recommendation to the City CounCA concerning the rezoning of 2 297 acres from a Commercial toning district to a
Multi-family One zoning district, The undeveloped property is bated on the south tide of 1.35 East and to the
north of Londonderry Street; it Is legally described as part of Tract 350 of the Alexander Hill Survey. The proposal
is to develop a multi-famiy complex. Mr. Reed.
Mr. Wayne Reed presented the staff report.
Mr Reed Thank you again. The rezoning case we have before us now concerns the property that Is zoned
commercill it was toned commercial In 1983 Previous to that, It was toned agricultural. The applicant at this
time would like to have k toned to multi-family 1--or In other words, down toned to mulb.family from cortunarclel.
The property at present-lot me put up the zoning map-Is surrounded by a variety of land uses and toning
districts. Presently thare are several scattered uses-there's the Outback Steakhouse boated at the Intersoc0on of
Sam Bass Boulevard and 1.351 thems Me A•1 Rental located to the northwest of the Subject tract; there's a
motorcycle business located to the east; and then over to the southwest, apartment oomplexas and to the south as
well. However, for the most part surrounding this property is s1I undeveloped land, The applicant also owns, cost
for the Inlormation of the Audience and MA Commission, owns the property directly south of tho 2,297 acne being
considered tonight for rezoning and that property Is already toned for muttidamily 1. They have expresoed on
• interest in developing [his total tract of land for mulli-family. The landscape code would apply to this 2,297 ease, to
Any development, once platted, would have to most our landscape code. Notices were sent out, and we have
received two. I would like to hand you the original, so that y'a8 can look at them since Me responses also have
comments written on them. I think that y'so may went to read that, One response Is in opposition; one Is In favor.
This particular proposal would Also-as for the ComprshensNs Plan analysts, 8 Is coneial all the way dawn the
board with the 1988 Denton Development Plan and Also consistent with several of the Damian Plan policies. In
particular, the Intensity for this particular use would be lower Man what 8 is currently toned for; and, N fad, what
that would do Is lower the Impact of traffic on the transporlatlon Infrastructure In this particular area. Even thMh
[his area Is already over allocated as per our 1988 Denton Oevslopment Plan, N this was spprovad, 8 would reduce
the over Vocation of trips in this area So, on the matrix in the staff report, 8 showed ice being consistent with the 1
plan even though the area is over a ocated. This one reduces that over 8111000110n. I kind of wanted to explAln that.
As a matter of fact, tt reduces d by 1,133 trips, le answer any questions that you may have,
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Planning and Zoning Commission Minutes
May 27, 1998
Page 23 of 58
Commissioner Powell: Any questions of Mr. Reed at this lime? Yes.
Ms. Gamer: For my own benefit, what is the total acreage going to be when this Is added to the other that they
own?
Mr, Reed, Off hand, I do not have Nat....
Ms. Gamer: Just spproxlmslay.
(Inaudible)
Ms Glanzer. Six and a half? Thank Vow.
Ms Apple: Wayne, can you show me where Jason Drive is that they wont to extend? Pardon me.
Mr. Reed: Yes. Jason Drive Is derromstfated on the iocatlon map as 4 is currently paved and runs right here north
and South off of Londonderry Street They propose. 0 4 goes as"plan. to extend that up to this particular she
and then access for this particular 2,297 acres would be given to 1.35. So, M could potentially go at the way up to
1.35.
Ms, Apple: Any feelings on...Jo that something that's been discussed prior to....
Mr. Read: It has been discussed. IT let David Salmon make any other comments concerning that
Mr. Salmon: We heveml particularly discussed that with the apphcanl. I know there's been a lot of talk over Ne
Past few years, in light of the new middle school, about Ina pmsiDilq of Jews Drive extending to the service road
From a traffic standpoint oonceming the middle school, It's not going to help a W. So, I don't think it's a connection
that the Cny, or at least staff, rssty thinks needs to be made, snhough 1 do not think theta's any particular problem
with 4 being made either.
Ms. Apple Okay; thanks
Mr. Engelbrecht'. Whir you are share, David have you discussed with the School District the Possibility of this
extension to the service road and got some feeling about what their deairel are? If W. 1 would hope that we
would
Mr. Salmon. I think before the school was under construction, than was some discuslkMS ooncaming whether of
net that might be helpful M terms of school tralffc, I think that we came to a conclusion, with the help of a !raffle
conwhant, that in the big picture, It realty wee not going to help traffk a W. Basketry, all that roads does is goes up
and then ties in with a one-way service rood, and you still end up at the intersection of 1.35 and Tds$4y,
Mr, Engelbfecht: But you an have had the discussions and We talked about it?
Mc Salrrom Right, we have had discussions with the School Dstrlct probably a couple r 'eon ago.
^ Commissioner Powell, Any other questions of staff oI this tine? le the petitbnar hereto speak? Could we haw
your name and address, air?
Mr. Conners', Yes, Patrick Connors, 4403 Bellwood Parkway North, Dallas, Texas 75248.
Commissioner Powell: Thank you, Mr, Conners,
Mr. Conners Thank you fp hoofing this today, end we respSoduBy, mquest to have this rezoned so that ra can tie
r 8 to our property that we already have possession of and en looking to make this a viable pmj*d that we an
utilize, We are here to answer My quesWo that anybody might have,
Commissioner Powell: Are there any questions of Mr. Common at this bma? N yOo do not hive any farther 0
J~4 comment then, there are apparently no questions, sir. Thank you. le there anyoM would like
to (peak In favor? Anyone In the audience that would ilea to spook N (Soar? MyWw In lee audlenca That would
24.
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Planning and Zoning Commission Minute
May 27, 1998
Page 24 of 58
like to $peak against? Anyone In the audience that would like to speak against? Staff, do you have any further
' comments al this time?
Mr Reed 1i staff recommends approval
i
Commissioner Powell: Mr Conners, you have an option here to use It 0 you have any further comments. Thank
YOU I will then close the public hearing and open this floor up here for discussion and/or a motion,
Ms Gamer. Mr. Chair?
Commissioner Powell. Yes, maim; go ahead
Ms. Gamer. I would like to move to recommend approval of Z-98-025.
Mr. Engelbrecht Sowed.
Commissioner Powell: We have a motion and a second. Is there any discussion on this motion and this second? I
will emit fora vote. All votes have been emit and the motion Is passed flvs to zero. (5 - 0)
Agenda item 12 was removed from the agenda.
it. Hord a public hearing and consider approval of the preliminary and final plats of Lots and SR-9 of
the Preston Place Addltlon, being a rapist of Lot R of the Proton Place Addition. The 0.808 sere
property Is located an the southeast corner of Wet Sherman Orly* and Oreenwood Street, The
purpose of the plat is to subdivide Lot 8 of the Preston Place Addition Into two (2) lots for single-family
residential development. (PFR•98-041, Preston Place, Wayne Raced)
13. Hold a public hearing and consider making a recommendation to City Council eoncorning a request to
change toning from an Agricultural (A) toning district to a One-Family Dwelling (Si toning
district. The 32145-acre tract is located In south Denton, north of Hickory Creek Rood, approx)mstaly
1,500 feet west of FM 2181. Single-family residential development Is Proposed. (Z-117-034,
Weatherford, Mark Donaldson)
Commissioner Powell, We will move on to hem 13-hold a public hearing and consider making a recommendation i
to Coy Council conceming a request It, change toning from an Agricultural toning district to a One-Family Dwelling
zoning district. The 32.745-acre tract Is located In south Denton, north of Hickory Croak Road, approximatey 1,500
feet west of FM 2181. Singfa omit' res'reenlid devetopment is proposed. Mr. Donaldson
Mr, Mark Donaldson presented the staff report.
Mr Donaldson Thank you, Mr. Cris it. In January of 1998, we had this kern In your packets, and staff pulled h at
the last minute when we realized that In April of 1997 a similar request had been made and recommended for
approval through the Planning and Zoning Commission and subsequan0y withdrawn after public nori had been
made and a hearing had been scheduled far City Council kicking In a twelve-month waking period for Oontparobla
zoning So, there ties been a number of applicat'or's on We particular property In the last thirteen months now,
and the epplia!ion tonight is similar to the one In January except that two conditions have been added. At the
e request 6f the developer and supported by staff, they are that lots on the western and astern boundaries of the
property shall be a minimum of 10,000 square feet and that there win be a landscape buffer yard also along both
the easlern and western boundaries. This will help to provide for compatibility with the ed)ecent neighborhood, so
to speak. In terms of W1051ency with the Donlon Development Plan, Included In your packet is a matrix, enclosure
number rout, and you ON see that It is consistent In ell areas wkh the exception that no neighborhood melting was
held i had a hard time defining what the neighborhood was out there beuua M Is not very Intensely developed
yet In terms of compslibily wkh the adjoining arcs, hphlighled In the yelow are other pro"IJIS that have, II
toning with pretty much the balance still either agricultural or ETJ or In the Casa of a couple of devolopri up
here within planned developments, The hatched arts Is the subject property, and 8 marks a oonOnuetion of tit 0 •
existing predominant SF-7 zoned district. Alt of Iheaa areas have pragminary plats In glade, only the developmMt
•str immed4ley to the west has any final plats that have been approved. You an see those on the map. T7Nee lots
are greater than the minimum required in a SF4 zoned district. Thai's part of the mason why the appBaM Is
wining to condition the adjoining lots to this area with UN minimum 10,000 square toot site end, also, on the eastern
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AGENDA INFORMATION SHEET
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ATTACHMENT 9
4 AGENDA DATE: June 16, 1998 I
DEPARTMENT: Planning Department
CNIlDCNt/ACNt: Rick Svehla, 349.7715
i
SUBJECT - Z-98-M5: (Needham Enterprises)
Hold a public hearing and consider rezoning 2.294 acres from a Commercial (C) zoning district
to a Multi-family One (N1F-1) zoning district. The property is legally described as part of Tract
350 of the Alexander Hill Survey and is located on the south side of 1.35 East, to the north of
Londonderry Street, and between Sam Bass Boulevard and Teasley Lane. The proposal is to
develop a multi-family complex.
t
h
BACKGROUND
This property is located within it Moderate Activity Center as defined by the 1988 Denton
Development Plan. It has remained undeveloped since being rezoned to a Commercial (C)
zoning district in 1983 alter being originally designated as an Agricultural (A) zoning district in
1969 by the first zoning ordinance and map for the City of Denton. Of the eight (8) property
owners notified, tti%o responses have been received: One (1) response is in favor and the other
(1) is opposed to the rezoning request (see Attachment 3). The proposed zoning is consistent
with all of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of
the 1998 Denton Plan (DP) Policies (see Attachment l - plan analysis).
The proposed rezoning would lessen the demand on the existing transportation infrastructure by
reducing the number of potential trips generated per acre. Other direct influences include the
placement of high density housing in close proximity to jobs, diversity of business activity
within this Moderate Activity Center, and the prevention of continuous strip cc timercial
development along a major thoroughfare (1.35 East).
The applicant has indicated that the proposed multi-family complex will encompass 8,66 acres in
total, if all zoning is approved (see Attachment 4). The development will include roughly 4.155
acres of land located to the south, which is already zoned for multi-family. Also, another 2.21
acres located immediately to the east of the subject property is under consideration for rezoning
from Commercial (C) zoning district to Nfulti-Family 1 (NIF-1) zoning district (Z-98.030). This
request was made subsequent to the Planning and Zoning Commission meeting on May 27,
1998, due to negotiating of financial arrangements, and is scheduled to go to the Commission on
June 24, 1998.
Existing infrastructure is available to serve the proposed development (see Attachment 5)1
Municipal water, sewer and electric service is adjacent to the property. Extension of
underground storm water pipes would be required along 1.35 east to provide adequate water
runoff facilities for the proposed high density housing development. Only the 4.155 acres 10 the K;
south is platted and ready for development. Therefore, the subject property would have to be
platted prior to any construction.
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PRIOR ACTION/REVIEW (Council. Boards. Commisslons)
The Planning and Zoning Commission recommended approval (5-0) of this zoning request on ;
May 27, 1998, as recommended by staff without conditions.
ATTACHMENTS
1, Planning and Zoning Commission Report, May 27, 1998, Z-98.025.
2. Planning and Zoning Commission minutes from May 27, 1998.
3. Property Owner Responses (2).
4. Development Boundary Map.
5. Utility Map.
6. Draft Ordinance.
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Respectfully submitted: r
Dave Hill
Director of Planning and Development
Prepared by:
Wayne Reed j
PlannerI
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27
AGENDA INFORMATION SHEET %enda Item
AGENDA DATE: July 21, 1998
DEPARTMENT: Planning Department
CMIDCM/ACM: Rick Svehla, 349-7715 P I
I
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5JMEf1-- Z-98.030: (Needham Enterprises Il)
Hold a public hearing and consider rezoning 2.21 acres from a Commercial (C) zoning district to
a Multi-family One (MF-1) zoning district. The property is legally described as part of Tract 350
of the Alexander Hill Survey and is located on the south side of 1-35 East, to the north of
Londonderry Street, and between Sam Bass Boulevard and Teasley Lane. The proposal is to
develop a multi-family complex.
BACKGROUND I
Staff has analyzed Z-98.030 and Z-98-023 rezoning cases together as more or less one request to
I the Z-98-025 City Council staff report due to the adjacency, intent and timing of the rezoning
requests. It would be redundant to duplicate the same information in this report. therefore,
please refer to Z-98.0?5 staff report. However, please review the attached Pianntng and Zoning
Commission Staff report and minutes for Z-98-030 (Attachments 3 and 4)s r°. "ff s " r, w.
This property is located within a Moderate Activity Center as defined by the 1988 Denton
Development Plan. It has remained undeveloped since being rezoned to a Commercial (C)
zoning district in 1983 alter being originally designated as an Agricultural (A) zoning district m
I119 by the first zoning ordinance and map for the City of Demon, Of the nine (9) property
owners notified, two responses have been received: One (1) response is in favor and the other
(1) is neutral to the rezoning request (see Attachment 1). The proposed zoning is consistent with
all of the policies of the 1988 Denton Development Plan (DD?) as applicable and many of the
1998 Denton Plan (DP) Policies (sec Attachment 1 Plan Analysis section).
The applicant has indicated that the proposed multi-family community will encompass a total of
8.66 acres, if all zoning is approved (see Attachment 3 - Enclosure 3, Development Boundary
Map). This total development will be comprised of the subject 2.21 acre tract, a 4.155 acres of
land located to the south, which is already zoned for multi-family, and another 2.294 acres
located immediately to the west of the subject property, which is under consideration for
j rezoning from Commercial (C) zoning district to Multi-Fatuity I (W-1) zoning district (Z-98•
025) (see Attachment 3 Enclosure 3). City Council considered Z-98.025 at its last meeting on
June 16, 1998. Due to a tic vote (3-3), this item was postponed for reconsideration until July 21,
1998. In effect, both requests for rezoning by Needham Enterprises, Z-98.030 and Z-98.025, are
being considered simultaneously by City Council. 1 , 9 •
tAlr" Existing infrastructure is available to serve the proposed development (see Attachment 3 -
Enclosure 4). Municipal water, sewer and electric service is adiacent to the property. Extension
of underground storm water pipes would be required along 1-35 east to provide adequate water
runoff facilities for the proposed high density housing development Only the 4.155 acres to the
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1 ',y .may: . ..wcxr v..r+..n'.*...atiKe.yS:..b.t/NMRfM4YnMnti..wnr•........~.._.....:,...;w...«..hL•.eu......,.«rw..w-~.........wi ~ .«t«:;
south is platted and ready for development. Therefore, the subject property would have to be
platted prior to any construction.
r
MOR ACTION/REVIEW (Council. Boards. Commissions)
:
The Planning and Zoning Commission recommended approval (4.1) of this zoning request on
June 24, 1998, as recommended by staff without conditions. tl . ,
v
ATTACHMENTS
1, Property Owner Responses (2).
2. Draft Ordinance
3. Planning and Zoning Commis-.t m Report, June 24, 1998, Z-98-030.
Y,= 4. Planning and Zoning Commission minutes from June 24, 1998
C
Respectfully sub
DD av
rector of Planning and Development
Preps cd by:
Wayne R
Planner I
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PrrFlvrD JUN i , 1998
ATTACHMENT 1
NOTICE 01 HEARIN7oe I
z.sa-oaa
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The Planning and Zoning Commission of the City of Denton will hold a public hearinJune 24, 1998
, to consider rezoning 2.21 acres from a Commercial (C) zoning districo a u-amy
One (MF-1) zoning district. The property Is legally described as part of Tract 350 of the Alexander Hill
Survey (Abstract 623) and is bounded by 1.35 East to the north, Teasley Lane to the east, Londonderry
Street to the south, and Sam Bass Boulevard to the west (see map on backside). The proposal Is to
develop a multi-family complex. (You may recall a recent zoning notification for a 2,297 acre tract (Z-
98-025) that was also for a chango from a Commercial (C) zoning district to a Multl-family One (MF•1)
zoning district.) The public hearing will start at 7:00 P.m, In the City Council Chambers of City Hall
located at 215 E, McKinney Street, Denton, Texas, Because you own property within two hundred
(200) feet of the subject property, the Planning and Zoning Commission would like to hear how you lee/ E
about this zoning change request and Invites you to attend the public hearing. Please. In order for
public opinion to be taken Into account, return this form with your comments by mail, fax or in person to:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Wayne Reed, Planner I I4
A zoning petition follows a two step process designed to provide opportunities for citizen Involvement
and comment. The first step, following the submission of an application fore zoning change, Is to
schedule a public hearing before the Planning and Zoning Commission. Landowners within two
hundred (200) feet of the subject property are notified of the Planning and Zoning Commission public
hearing by way of this notice. The Commission Is Informed of the percent of responses In support and
In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the
Commission recommends approval. Should the Commission recommend denial, the petitioner may
then appeal the request to the City Council, If owners of mere than twenty (20) percent of the land area
within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the
City Council are required to approve the zoning change. These forms are used to calculate the
percentage of landowner opposition,
Please circle one:
In favor of request Neutral to request Opposed to request
I
4 i 1
• Signature _ I nn ' 1
Printed Name: E. Jo -,h Dcrxlzick f
Mailing Address: 1810 Teasl Lane IAN' 1 6 W$
City, State Zip: Denton, 'FX 76205 _
r Telephone Number: 940-566-1352
Physical Address of Property within 200 feet, 1801 Jason Drive
CITY OF DENTON, TEXAS CITY HALL. WEST DENTON, TEXAS 70201 040310.8350 (F) 040,540.7701 Il
19n 030 209 A,alS^ot ondon
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NOTICE OF PUBLIC HEARING
Z-98-030
f The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
June 24, 1988, to consider rezoning 2.21 acres from a Commercial (C) zoning district to a Multl-family
One (MF-1) zoning district, The property is legally described as part of Tract 350 or the Alexander Hill
Survey (Abstract 623) and Is bounded by 1.35 East to the north, Teasley Lane to the east, Londonderry
Street to the south, and Sam Bass Boulevard to the west (see map on backside). The proposal Is to
develop a multi-family complex. (You may recall a recent zoning notification for a 2.297 acre tract (Z-
98-025) that was also for a change from a Commercial (C) zoning district to a Multi-family One (MF-1)
zoning district.) The public hearing will start at 7:00 p.m. In the City Council Chambers of City Hall
located at 215 E, McKinney Street, Denton, Texas. 8eceuse you own property within two hundred
(200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel
about this zoning change request and invites you to attend the public hearing. Please, in order for
public opinion to be taken Into account, return this form with your comments by mall, fax or In person to:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Wayne Read, Planner I
A zoning petition follows a two step process designed to provide opportunities for citizen Involvement
and comment The first step, following the submission of an application fora zoning change, Is I;
schedule a public hearing before the Planning and Zoning Commission, Landowners within two
hundred (200) feet of the subject property are notified of the Planning and Zoning Commission public
hearing by way of this notice. The Commission is Informed of the percent of responses In support and
In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the
Commission recommends approval. Should the Commission recommend denial, the petitioner may
then appeal the request to the City Council, If owners of more than twenty (20) percent of the land area
within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the
City Council are required to aparove the zoning change. These forms are used to calculate the
percentage of landowner opposition,
Please circle one:
In favor of request Neutral to request Opposed to request
Comments:
1
~ ~ a ~ Cc~f_OM~
Signature: JUN 16 1?98
Printed Name: mg--n, L.5 3C
J} Mailing Address: I
City, State Zip: pyvt-ton ,ax f~nf t~5
Telephone Number, qui0 - 5~e;- 439
Physical Address of Property within 200 feel: 1'11' 4 T@ cl y Ll ,
CITYOPDI:NTON, TEXAS CITYHALLWEST DENTON,TEXAS 70201 040349.0350 (F)940.349.7101
I-9^0717 ?V'1'M:h rcnl,+n mgr,
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291-030
ORDINANCE NO. i
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AN ORDINANCE OF T`M CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM '
COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION TO MULTI-FAMILY 1 (MF-1)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.21 ACRES OF
LAND BOUNDED BY 1-35 EAST TO THE NORTH, TEASLEY LANE TO THE EAST,
LONDONDERRY STREET TO THE SOUTH, AND SAM BASS BOULEVARD TO THE WEST;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Needham Enterprises, on behalf of the owner, Larry Wilson, has applied for a
change in zoning for 2 21 acres of land from Commercial (C) zoning district classification and use
designation to Multi-Family 1 (hiF-l) zoning district classification and use designation; and
WHEREAS, on June 24, 1998, the Planning and Zoning Commission recommended approval
of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
Denton Development Plan; NOW, THEREFORE
T HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS,
$ECjjQLN I That the zoning district classification and use designation of the 2.21 acre tract
of land described in the legal description attached hereto and incorporated herein as Exhibit A, is
changed from Commercial (C) zoning district classification and use designation to Multi-Family I
(hIF-1) zoning district classification and use designation, under the comprehensive zoning ordinance
of the City of Denton, Texas
LE~j QN_H That the City's official zoning map is amended to show the change in zoning
district classificttion
SECTION 111 That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00 Each day that a provision of this ordinance is
• violated shall constitute a separate and distinct offense.
SEC'7IQUy That this ordinance shall become effective fourtten (114) days from the date
of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published i,, the City of Denton,
Texas, within ten (10) days of the date of its passage
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PASSED AND APPROVED this the day of 1998,
JACK MILLER, MAYOR '
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
g,.} APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY. CITY ATTORNEY
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EXWNT A
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN
COUNTY OF DENTON, THE ALEXANDER HILL SURVEY, ABSTRACT NUMBER 623, CITY AND
TRACT AS DESCRIBED IN ASDEED FROM GARY RHY E 10LL LARRY 4 . WILSON,
DATED OCTOBER 23, 1989, RECORDED IN VOLUME 2669, PACE 507, OF THE
REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND 112 INCH IRON ROD AT THE NORTHERNMOST
NORTHEAST CORNER OF SAID WILSON TRACT, AT THE NORTHWEST CORNER OF
LOT 1, BLOCK 1, GARNER ADDITION, AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET E, PACE 83, PLAT RECORDS, DENTON COUNTY,
TEXAS, ON THE SOUTH RICHT-OF-WAY OF INTERSTATE 35 E;
THENCE SOUTH 01 DECREES 39 MINUTES 50 SECONDS EAST, WITH THE WEST
LINE OF SAID LOT 1, GARNER ADDITION, A DISTANCE OF 241,76 FEET TO r
A 1/2 INCH SET IRON ROD;
THENCE SOUTH 76 DECREES 39 MINUTES 46 SECONDS EAST, A DISTANCE OF
173.00 FEET TO A SET 1/2 INCH IRON ROD, ON THE EAST LINE OF SAID
WILSON TRACT, AND BEING ON THE WEST LINE OF A TRACT OF LAND
DESCRIBED IN A DEED TO THE RUMMELL FAMILY TRUST, RECORDED IN
COUNTY CLERK'S FILE NUMBER 95-80021766, REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS;
THENCE SOUTH 01 DECREES 46 MINUTES 06 SECONDS EAST, WITH THE EAST
LINE OF SAID WILSON TRACT, AND THE WEST LINE OF SAID RUTAVELL
FAMILY TRUST TRACT, A DISTANCE OF 240 24 FEET TO A FOUND FENCE
CORNER POST, AT THE SOUTHEAST CORNER OF SAID WILSON TRACT, ON THE
NORTH LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO DOYLE E.
SELEY el uw, RECORDED IN VOLUME 3223, PACE 456, REAL PROPERTY
RECORDS, DENTON COUNTY ,TEXAS
THENCE SOUTH 88 DECREES 09 MINUTES 36 SECONDS WEST, WITH THE
SOUTH LINE OF SAID WILSON TRACT, AND THE NORTH LINE OF SAID SELEY
TRACT, A DISTANCE OF 268,73 FEET TO A FOUND 112 INCH IRON ROD, AT
THE SOUTHEAST CORNER OF A TRACT OF LAND OESCAISED IN A DEED TO R.
J HUTCHISON, RECORDED IN COUNTY CLERK'S FILE NUMBER 94-80060646,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, ON THE NORTH LINE OF
RESIDENCE II ADDITION, AN ADVION TO THE CITY OF DENTON, DENTON PLAT tCOUNTY
PACE 31x7, PLATRECORDS10DENTON COUNTY,ETEXL~RSCOROED IN CABINET
THENCE NORTH 00 DECREES 55 MINUTES 13 SECONDS WEST, WITH THE EAST
LINE OF SAID HUTCHISON TRACT, A DISTANCE OF 543.00 FEET TO A
FOUND 1/2 INCH IRON ROD ON THE SOUTH RIGHT-OF-WAY OF INTERSTATE
35 E, ON THE NORTH LINE OF SAID WILSON TRACE;
THENCE SOUTH 82 DECREES 28 MINUTES 48 SECONDS EAST, WITH THE
NORTH LINE OF SAID WILSON TRACE, AND THE SOUTH RIGHT-OF-WAY OF
INTERSTATE 35 E, A DISTANCE OF 94.09 FEET TO A SET 1/2 INCH IRON •
ROD;
J14 THENCE SOUTH 76 DEGREES 39 MINUTES 48 SECONDS EAST, WITH THE
NORTH LINE OF SAID WILSON TRACT, AND THE SOUTH RIGHT-OF-WAY OF
INTERSTATE 35 E, A DISTANCE OF 1.30 FEET TO THE POINT OF
,BEGINNING AND CONTAINING IN ALL 2.210 ACRES OF LAND.
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ATTACHMENT 3
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PLANNING AND ZONING COMMISSION REPORT
STAFF REPORT
Subject: Needham Enterprises 11 Case Number: Z-98-030
Slaii: Wayne Reed, Planner I Agenda Date: June 24, 1998
PURPOSE mwnh Wwxswu•Frwr. resvl:e 5• .#r.]nra ac l.wxr :K xM x:M 2•n r- NM'.ti%wV~?~xiY ••xmwi vi
Hold a public hearing and consider making a recommendation to the City Council concerning the
rezoning of 2.21 acres from a Commercial (C) zoning district to a Multi-family One (MF•1) zoning
district. The applicant proposes to use this parcel as part of a multi-family complex, comprising
approximately two hundred and sixty-four (264) units on an 8.659 acre site (see Enclosure 3).
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LOCATION MAP
• Location: On the south side of 1.35 East, between Sam Bass Boulevard and Teasley p •
Lane, and to the north of Londonderry Street.
Size: 2.21 acres.
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APPLICANT" AND OWNER INFORMATION
Applicant: Needham Enterprises
4403 Bellwood Parkway North
Dallas, TX 75244
Owner: R.J. 6 Sherri Hutchinson
401 Pennsylvania Drive
Denton, TX 76205
REZONING PROCEDURE '7771
Section 35-7 of the Code of Ordinances outlines the rules ofprocedures foramendments to a
zoning boundary or district, In general, any person having proprietary Interest In any property may
petition city council for a change or amendment to the provisions of the Zoning Ordinance, or the
Planning and Zoning Commission may on its own motion or on request from the City Council
Institute study and proposal for changes and amendments In the public interest.
A rezoning request must follow the established procedures for public Involvement. First, the
Planning and Zoning Commission shall hold a public hearing on any application for amendment or
change prior to making its recommendation and report to City Council. Notice of the public
hearing must be provided a minimum of ten (10) days before the date of the hearing by publication
In an official newspaper of the city and by written notice to all property owners within two hundred
(200) feet of the site to be rezoned.
Once approved by the Planning and Zoning Commission, a public hearing shall be held by City
Council before any proposed amendment, supplement, or change to a zoning boundary or district
is adopted. If the Commission recommended denial of the zoning change, a request can be
considered by City Council if the applicant submits a appeal in writing requesting that City Council
review the Commission recommendation. Notice of the public hearing must be provided a
minimum of fifteen (15) days before the date of the hearing by publication in an official newspaper
of the city,
In case of a written protest against such change signed by the owners of twenty (20) percent or
more of either the area of the lots or land included In such proposed change or the lots or land
immediately adjoining the proposed change and extending two hundred (200) feet therefrom, such
amendment shall not become effective except by the favorable vote of three-fourths of all
members of the City Council. Furthermore, a favorable vote of three-fourths of all members of City
Council is required to overrule a recommendation of the Planning and Zoning Commission that a
proposed amendment, supplement or change be denied,
COMPREHENSIVE PLAN ANALYSIS
1988 Denton Development Plan Analysis
The 1988 Denton Development Plan (DI)P) shows this area to be within a Moderate Activity
Center. These areas emphasize a diversity of land use developments; They are Intended to place
jobs and housing In close proximity to one another. Development within moderate activity centers
is restricted to 350 trips per day per acre in order to balance development with road capacity.
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Staff finds the proposed development to be consistent with both the policies and trip Intensity 1
standards of the 1988 DDP.
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DDP Policies Analysis
Denton Development Plan
Policy Analysis Summary
Moderate Activity Center
Development Rating vs, Polity
POLICY COMMENTS In orsistert iris, Somewratnt Consistent
Intent These areas are intended to high density housing in this area will
encourage a diversity of land use atr"Ish b>e primary goal W Moderate
developments that place Jobs and housing Acevity Centers At present, a 6ayi<x
In dose proximity to one another, nxdcat fadbty Is nearing readlness for
development. AII%project will provde
housing In does proximity to that
development a3 well as other nearby
busiresses
Intar lty Standard. Moderate Activity Allowed Inten9y s 350 tripslacre
Centers shall have a standard vehkie trip Allocated Intercity - 774 tnps'site
Intensity of 350 trips per day per gross Typical Multl-Amlly I. development
acre lt/dlacl ranges between 20 and 25 units per acre,
On the high-end or 25 unitslacre, high
density housing on average generates X
200 tripAracre. Using that amount as a
conservative manure, the number of
trips generated on this 2.23 acre tract l
would equal 442 trlpi or 57% of its
allocated trips`
Divaratty. Land use dwerslty is derned This would provide housing in in area
as uses other than the dominant land uses with III busresses. X I
In the area e'. cn as commercial, retau,
light indudnal, art( offceHlgh•Denalty housing. Multi ramlly This project wil prmide additional molt- {
housing Is encoiaaged In these areas, family housing x
Including manufactured housing,
Low Density neighborhood Mowing This property K not adjacent or near
Protectlon. Single family residences single-famly subdivision and therefore
should be protected try :irks site des'gn would not impact low density X
control, Including setbacks, buffering, end neighborhoods
-iiindscaping
i . Strip Commerdat. The plan encourages This Is not strip commeroal.
centers of business activity w1r4e X !
discouregng strip canvnerclef
{ development
I
Trip Ilntensity Anaiysls
• The subject property is contained within Intensity Area #80 (see Enclosure 1), This four hundred tb
and thirty-seven (437) acre area Is over allocated by 104% according to current Intensity
calculations. This assessment is based upon two factors existing land uses (built) and current
zoring (not built). As Chart 1 (see below) demonstrates, existing land uses are generating 99,082
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trips per day (Line 2), while trips allocated to undeveloped property will generate another 59, 668
(Line 3) based upon current zoning. The cumulative total for this area (Lines 1, 2 and 3) based
h upon existing conditions Is 6,597 trips above the total number of allocated trips per day. The
proposed development on this 2.21 acres would reduce this over allocation of trips per day by nine
hundred and ninety-five (995) or by approximately 1 % from 104.3% to 103,6%(Llne 8). This Is due
to the fact that commercial property typlcally generates 650 Vdlac while multi-family development
produces 200 t/dlac.
Chart 1, Intensity Calculations
Existing Proposed
1 Moderate Activity Center (480) total trips (427 acres x 350t/dlac,) 153,143 153,143
2 Trips Allocated to Existing Land Uses (built) 99,062 99,062
3 Trips Allocated to Vacant Land as Currently Zoned (not built) 59,568
4 Trips Allocated to Vacant Land not Zoned (not built) 1,110 1,110 t
5 Trips Allocated to Vacant Land with Proposed Zoning (not built) _ 58,573 f
6 Total Number of Trips Generated ((3 cr 5)+2+4) 159,740 156,745
7 Estimated Unallocated Intensity Trips (1 minus 2, 4and 3 or 5) 6,597 -5,602
8 Percent of Intensity Tnps Allocated 104.3% 103,6%
This zoning request is related to Z•98-025, Needham Enterprises (see Enclosure 3). If that site is
also rezoned to Multi-Family 1 (MF•1) as requested, the number of potential trips generated by
land uses per day In this intensity area would be further reduced by one thousand and thirty-three
(1,033). The cumulative effect of both properties would be a reduction of two thousand and
twenty-eight (2,028) trips per day, This translates Into a total of 157,712 trips per day generated
by all land uses (built and not built) and further reduce over allocation within this Intensity area to
just 102.9%.
DENTON PLAN POLICIES ANALYSIS
A summary of how the proposed development relates to the policies of the Denton Plan;
Growth Management Cateaorv
• Promotes effident use of existing infrastructure,
• • Balances land use, enhancing economic diversity and the tax base,
• Consistent with the goals of the comprehensive plan.
1 Transportation Calego
' • Compliments thoroughfare plan,
I Stormwater Drainage System Cateaorv
. Not applicable,
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DENTON PLAN POLICIES ANALYSIS (continued!:
Water and Wastewater System Category
• Develops and maintains property and private infrastructure.
• Promotes in-fill development, avoiding new line extensions. E
Electric System Cateaorv[
. Not applicable.
Solid Waste Cateaorv
• Not applicable.
Parks and Recreation Category
• Contributes to the development of parks for all citizens.
Environmental Quality Cateco
• Not applicable.
Nelghborhoods Cateaorv
• Provides a mixture of land uses In close proximity to another.
Housing Categgty
• Offers alternative housing to the primary single-family development.
• Increases the range of housing types available to residents.
• Places hlgh density housing in close proximity to employment opportunitles and
commercial services.
Economic Diversification Category
• Expands the City's lax base.
Government Cateaorv
r .y • Not applicable. +
Urban Design Cateaorv
• Promotes architecture? diversity along a major entranceway.
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SPECIAL INFORMATION
1. Transportation
A. Trip generation ,
Traffi; studies of multi-family complexes demonstrate that peak hours of traffic generation
coincide with the peak hours of adjacent street traffic as one might suspect. Chart 2 below
illustrates that during the morning peak generating hour (between 7 a.m. and 9 a.m.), 0.47
vehicle trips are generated per dwelling unit, In the evening peak generating hour (between
4 p.rr. and 6 p.m.), 0.58 vehicle trips are generated. If the total number of dwelling units in the
proposed apartment complex is approximately two hundred and sixty-four (264) apartments
as the applicant has indicated, the potential number of vehicle trips during the morning peak
hour could be one hundred and twenty-four (124) vehicle trips with the majority exiting the
property. During the evening pet k hour one hundred and fifty-three (153) vehicle trips could
be generated with the majority of them entering the property. On any given weekday, the
average number of vehicle trips per day generated from this development could be expected
to ba around 1,740.
Chart 2. Intensity Calculations
Dayrrime Vehicles Entering Vehicles Existing Average trip I
generation per
Dwelling Unit
Weekday Average 50% 50% _ 6.59 trips/day
Weekday: Between 7.9 a.m. 20% 80% 0.47 trips/hour
W_e_ekday: Between 4-6 p.m. 66% 34% 0.58 trips/hour
Saturday Average 50% 50% 7.16 trips/day
Sunday Average 50°/u 50% 6.07 trips/day
' Calculations provided by the Institute of Transport tlon Engineers, 1991.
B. Access
The subject property would be granted one driveway onto the 1-35 east frontage road.
Because the development will include a greater area than the subject tract (see Enclosure 3),
` access onto Jason Drive Is also possible. The applicant displayed a site plan at the June
16 1998, City meeting, showing such an access strategy,
Council C. Road Capacity
The subject property is located in a high growth area. Sam Bass Boulevard (collector) and
Londonderry Street (collector) are designed to accommodate 5,000 trips per day. The 1-35
easl frontage road Is designed to carry approximately 5,000 trips per day. Teasley Lane
(arterial) is designed to carry 20,000 trips/day. At present, the most recent traffic counts for j
these roads, except the frontage road for which no count Is available, indicate that there is
ample capacity to handle the trips generated from the proposed development.
D. Pedestrian Linkages
,r Sidewalks along all public streets are required, If Jason Drive Is extended north to the frontage
road, sidewalks would connect from Londonderry to 1.35 East.
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2. Utilities
This site has access to existing water and sanitary sewer tines (see Enclosure 4):
Water: Six (6) inch water along the frontage of the property on 1.35 service road.
Wastewater: a) Eight (8) inch sewer line to the west along the west boundary of the A-1
Rental property flowing south.
b) There is a lift station located approximately 700 feet west of Teasley Lane
on 1-35 Service Road.
` c) Eight (8) Inch on Jason flowing south, r
I Fire: No existing fire hydrants on the property. Fire hydrants will be required at 300 I "
ft maximum spacing for commercial development. A 20 foot utility easement
Is requested along 1-35.
3. Drainage and Topography
There is a significant amount of drainage crossing this property. At present, the lot does not
have an adequate drainage system as it is undeveloped. New development will be required to
design and construct a drainage system to city standards. A preliminary drainage study will be
required with the submission of a preliminary plat. The study must include calculations of the
100-year storm for all drainage areas on this property and any area that drains towards this r
property. The developer must indicate the method by which the run-off will be carried across
the property or stored on the property.
4. Signs
One ground sign would be allowed along the 1.35 east frontage road as per the sign ordinance. ;
If the apartment complex were adjacent to Jason drive to the south, another ground sign would
be permitted along that public road, too.
5. Off-Street Parking
Multi-Family developments must provide parking according to the regulations of Section 35.301
of the Code of Ordinances, The total number of parking spaces required by any one
" development is a factor of the number of dwelling units and the number of bedrooms of each
unit:
One-bedroom: 1,50 parking space I r
Two-bedroom: 1.75 parking spaces %'A
Three-bedroom: 2.00 parking spaces
6. Landscaping a
This property will have to comply with the new Landscape Code, which requires fifteen (15)
trees per acre snd twenty (20) percent of all surfaces to remain pervious (plantable area).
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PROPERTY HISTORY
November 15, 11983 - The subject property was placed in the Commercial (C) zoning district and land
use classification by Ordinance 83-128 which amended the Comprehensive Zoning Ordinance and
Map for the City of Denton.
January 14, 1969 - The subject property was placed in the Agricultural (A) zoning district and land
use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City
of Denton.
The subject properly Is not platted and would need to be platted prior to any development.
As was mentioned earlier in the staff report, this zoning request Is related to Z-98-025, Needham
Enterprises (see Enclosure 3). This case was recommended for approval (5-0) by the Planning
and Zoning Commission to City Council on May 27, 1998. Due to a tie vote (3-3) by City Council
on June 16, 1998, this item was postponed for reconsideration on July 21, 1998. Pending the
Planning and Zoning Commission recommendation, it is likely that both Z-98-025 and Z-98-030
will be considered at the same City Council public meeting.
PUBLIC NOTICE P. "w'iKn A .4 YPii w[ i X :fit N, R.If Vlmk M.l CrF R. y R'G Iti „R~~' t 4
Notice of the zoning request was published in the Denton Record-Chronicle on June 14, 1998.
Nine (9) property owners were notified of the request on June 12, 1998. As of this writing, there
has been no response.
RECOMMENDATION
Staff recommends approval of Z-98-030. '
MOTION '.F... r „F., t. P^.. ,r~,.S" I!YI".l'tl4P TrvJ.'T LR r!fcY9 YJ04 PY F•F 11.M `]S< ".'i%W! '
I move to recommend approval of Z-98-030,
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ALTERNATIVES
1. Recommend approval as submitted,
2. Recommend approval with conditions. I
3. Recommend denial.
4. Postpone consideration.
• 5. Table item.
ENCLOSURES x.. , , ~.•...r.4
r
1. Intensity Area #80 Map.
2. Zoning Map.
• 3. Development Boundary Map. ~ O •
4, Utility Map,
5. 200' Property Owner Notification Map.
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ENCLOSURE 1
INTBNBITT ABTA r So qZB 43755 ACRIS •
BOUNDABT DISCAIPTION
Caatt Dallas Drive
West: MKT A TP Railroad
Southt I-3561 Sam Bass, LondondettY, Teasley Lane. i.
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LAND USE MANAGEMENT INFORMATION SYSTEM
PLANNING AND DEVELOPMENT DEPARTMENT
CITY OF DENTON
Intensity area 80 Type: Moderate Intensity Trips/ac 350
Traffic survey zones: 6583 6588 6593A
Boundary Description: South: I-35E, Sam Bass, Londonderry, Teasley Ln.
East: Dallas Dr,
Da'e: 08/15/95 West: MKT 6 TP Railroad
LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY
SF-16 < 0 0 0 0 0 0 0 0
SF-3016 0 0 0 0 0 0 0 0
SF-7>10 55 16.23 550 0 0 0 0 0 A'
LESS SF-7 0 0 0 0 0 0 0 0
MOB.HOMES 16 7.09 160 0 0 0 0 0
DUPLEX 0 0 0 0 0 0 0 0
MF-R 0 0 0 0 0 0 0
MF-162 1461 116.61 11688 4.33 66F 0 0 0
COM/RET 1 131.51 85481.5 90.31 58.7 0 0 0
OFFICE 0 3,01 1053.5 0 0 0 0 0
INDUSTRY 0 0 0 0 0 0 0 0 '
1711NAL 0 1.38 117.3 0 0 0 0 0
AKS 0 0.39 11.7 0 0 0 0 0
R/0/SPACE 0 2.21 0 0 0 0 0 0
TRANSPORT 0 60.11 0 0 0 0 0 0
AGRIC. 0 0 0 3.17 0 0 0 0
VACANT --...'--.0 96,81 0 _________________O
- .
TOTAL 1533 437.55 99062 97,81 $9568 0 0 0
K.
INTENSITY CALCULATIONS z
(1) Intensity area total trips 437.55 times 350 153143
(2) Trips allocated to existing land uses (built) 99062
• (3) Trips allocated to current zoning incl. P Ds (not built) 59568
(4) Trips allocated to vacant lands not zoned plus Agric. zoning 1110
(5) Estimated unallocated intensity trips 1)minus(2)+(3)+(4) -6596
(6) Percentage of intensity trips allocated 104
i
ONE THIRD RULE CALCULATIONS
•
1 Acres Trips 0
(1) Allocations for com\retail development 145.65 94803
t (2) Existing com\retail land uses (built) 131.51 65482
(3) Current zoning for com\retail land uses 90.31 58702
(4) Total trips\acres allocated (2) + (3) 221,82 144183
(5) Unallocated trips\acres •75.97 -49381 1.
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ENCLOSURE 2
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NORTH
Z-98-025 NEEDHAM ENTERPRISES
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• ZONING MAP •
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Data: May 27, 1998 scab: None
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ENCLOSURE 3
NORTH
Z•98.030 Needham Enterprises II
' E4ST
owl
City Council will + /Z~98- 30
~ reconsider this case
W on July 21,1998,
1191h - M"'
I_ 4.155 acres
Platted 0
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60 eta ■ --1_.
goo WIN
_ _ _ ~ Iltlatf~ v
DEVELOPMENT BOUNDARY MAP
s
Total Apartment Complex Site Area ■ 8,882 acres
Z•98-025 = 2.294 acres
Z-98-030= 2.210 acres
Platted = 4.155 acres
Total = 8.659 acres p
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Date: June 24, 1998 Scala: None ,i
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ENCLOSURE 4
NORTH
Z-98.030 Needham Enterprises II
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UTILITIES MAP
• Water Line ,
Sewer Line
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- Electric Line
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Date: June 24, 1998 Scale: None
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ENCLOSURE 5
I,
NORTH
Z-98-030 Needham Enterprises II,
8 SITE 1± 1 _1 ♦ k,
anal
41
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M NON
NORM=
200 FOOT PROPERTY NOTIFICATION MAP
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Date: June 24, 8 ea e: one
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ATTACHMENT 4
EXCE RPTED DRAFT M I NUTE S
PLANNING AND ZONING COMMISSION
Juno 24, 1998
The regular meeting o. the Planning and Zoning Commission of the City of Denton, Texas w,;s held on Wednesday,
June 24, 1998, at 7:00 pm., In the City Council Chambers at City Hall, 215 East McKinney, Denton, Texas.
Present Bob Powell, Elizabeth Gourdie, Carol Ann Ganzer, Rudy Moreno and Jim Engelbrecht
Absent: Fllen Hoover-Schertz and Susan Apple
Present from Staff. Eddie Martin, Assistant City Attorney; Mark Donaldson, Assistant Director of Planning;
Mr. Wayne Reed, Planner
The meeting was called to order at 7:00 p.m. l
PUBLIC HEARINGS-ZONING CHANGE y'
8. Hold a public hearing and consider making a recommendation to the City Council concerning the
rezoning of 2.21 acres from a Commercial (C) zoning district to a Multi-Family One (MFd) zoning district
The undeveloped property Is bounded by 1.35 East on the north, Teasley Lane to the oast, Londonderry
Street to the south, and Sam Bass Boulevard to the watt, It Is legally described as part of Tract 350 of
the Alexander Hill Survey. The prop*$at Is to develop multi-family complex,
Commissioner Powell: Item number eight-public hearing for a zoning change. Hold a public hearing and consider
making a recommendation to the City Council concerning the rezoning of 2.21 acres from a Commercial zoning
district to a Multi-Family One zoning district The applicant proposes to use this parcel as part of a multi-family
complex comprising approximately 264 units on an 8.662-acre site. Mr. Reed, you're back here again.
Mr. Wayne Read presented the staff report.
Mr. Reed. Thank you, The case before us tonight Involves a property that Is located on the south side of 1.35E, to
the west of Teasley Lane, In what is a predominately multi-family district In a larger sense. As the location map
demonstrates, there are no single-family subdivisions In this area. This site, which Is adjacent to the frontage of
135F., Is surrounded by apartment complexes to the west aide all the way around the south and across Teasley even
to the east. I would like to demonstrate how this Is related to the previous zoning case, Z-98.025, before
proceeding. This case, Z-98.025, concerns 2.269 acres immediately to the west of this 2,21-acre tract. The
Planning and Zoning Commission considered this on May 27" and recommended approval to the City Council. City
Council, due to a tie vote on June 16", postponed consideration of that case until July 210. And 0 tonight this case
Is approved, or recommended for approval. It would also go to the City Council on July 210. Effectively, the City
Council would decide at that time both cases' fate. Also, the developer owns property to" south; If Is 4.155 acres.
It Is a Multi-Family One zoning district already and Is plafted, which means tomorrow they could begin-more or
1 less, they could begin development as soon as they could get a building permit. In the staffs report, I'll touch upon
i the Intensity, which is part of our Denton Development Plan. In the previous case, Z-9&025, I mentioned that that
property was within Intensity area 80; but I did not provide a map, and I think that It Is kind of abstract to all of you
who do not see these intensity maps. So, I provided one Mile time that clearly shows that the site, which is located
approximately right here, Is In the southern portion of this area, which Is predominately located on the north side of
35 That particular Intensity area, again. Is over allocated In the number of total trips which could be generated if It
was built out as currently zoned, Again, this rezoning request will reduce the number of potential trips that could be
generated from this property once developed, if It is developed as Multi-Family One es opposed to Commercial.
Commercial can generate 650 trips per day per acre, Multi-"emily averages around 200. In this zoning case. I
t provided intensity calculations. These calculations aren't from our Denton Development Plan or anything that the
t City staff has generated. Rather, we rely on the Institute of Transportation and Engineers and their ongoing study to
review what Impact different types of development have on public roads It clearly demonstrates that on a weekday
average, apartment complexes generate about 6.59 trips per unit. With this particular request the applicant has
indicated that they're looking at about 264 u0s on this total site of 8.662 acres. I could not break that down as to
how many would be on this 2.21 and so fort's, so I have to make a reference to the total property here. For 264
units, that would translate into, with the average 6,59 trips per day, 1,740 trips-and during the peak hours In the
morning, 124 trips In one given hour between the hours of 7.00 a,m. end 9,00 a.m. During the evening between the
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Planning and Zoning Commission Minutes
June 24. 1998
Page 2 of 12
hours of 4:00 p.m, and 6:00 p,m., the peak number of trips generated would be 153. Just for fun--on Saturday, that
would be just over 2,000 trips. 1 have to make a correction--the Sunday average is not 60.7 trps per unit; that
would be a very excessive amount of trips generated, but 8.07. 1 apologize for that typo. Using the location map,
stalls report also talks about access. This particular development would be provided access onto 1.35E. And If the
total site-and with the total site considered, It would also have access to Jason Drive; 8 that is how the property Is
platted-If k Is platted with access onto Jason Drive. The road capacity In the surrounding area-the Denton
Development Plan Identifies that this area is over allocated In the total number of trips that would be generated k all -
of the property would be developed as zoned. At current however, the roads of Londonderry Sheet and Sam Bass
Boulevard, which are classified in our bng-range thoroughfare plan as collector streets, are designed to carry 5,000
trips per day. Staff did not provide in the report the traffic counts at the intersections, but I'll do that right now. At the
Londonderry and the Teasley Intersection going west to east on Londonderry, the most recent traffic count, which Is
from 1997-and all the traffic counts I I provide are from 1997-was 3,609. Going north to south on Teasley and
just south of Londonderry Street, the most recent count on Teasley was 6,433. Teasley Lane is designed to carry up
to 20,000 trips per day. So, that traffic count of 60433 Is wen below what tt could carry in Its designed capacity. At
the Intersection of 1.3512, the most recent traiik count from 1997 indicates that there were 14,5&1 trips. So again,
even that Intersection is below Its potential design capacity. There are no current traffic counts for the frontage road,
so I have nothing to provide as far as that. The Engineering Department,11"ll, has indicated that all of the roads
In this area with the present bad that they are witnessing can handle edditlonal traffic that would be generated from
this development. Another conoem that has been brought to staffs attention Is the potential density of this
development. In response to that, I have created a chart which shows the density of some of the existing apartment 1
complexes In town, and they range from a low of 16.94 with the Arbors at Denton to a high of 31.69 at the
Residence, Ironically, the Residence apartment complex Is located Immediately to the south of the total project.
This map will show 8 better. This property right here Is the Residence apartments; and though it numbers only 112,
it is placed upon only 3.5 acres of land. Also In this area, some other apartments, which I collected density I
informalion on-Westwind, which Is locatiod on the west side of Sam Bass Boulevard closer to 1.35, has a density of
24 24, Woodhlll, which is located over towards Teasley but on the north side of 1-3512, has a density of only 1s.01
units. Also on the other ride of 1-3512 on the far side of the Woodhill apartments, which I was just talking about-
Sunburst Place II has a density of 27,14 units per acre. So cleanly, the applicanl'e desire to put 264 units on this site a
Is allowed by our Zoning ordinance, which requires a certain amount of land area per one-bedroom unit; plus for
each additional bedroom that Is in a unit, 300 additional square feet Is required. I will back up-1,200 square feet Is
required for a one-bedroom unit: for each additional bedroom In that unit, 300 additional square feet of land area
would have to be provided on the total site. And even at a density of 30.47 units per acre as proposed, this site
would have to meet our landscape code, which requires 20% Impervious surface and the 15 trees per acre. It would
meet that requirement of so many square feet of land area per apartment unit. At this lime, I would be happy to
answer any questions.
Commissioner Powell: Any questions of Mr. Reed?
Ms. Gourdie: Okay. Do you have, by chance, the years that these were bulll--like Ramsgate, The Residence?
Mr. Reed: No; I don't. 3'P
M Ms, Ganzer: I can tell you approximately when =51 of them were bultt.
. Ms. Gourdie: I would appreciate that.
Ms. Ganzer: Many of these were built in 1984. Sunburst and Pace's Crossing were built In 1986. We had on Influx
of Apartments built in 1983 and 1964--so early to mid-80s. I was also going to say, too, this might be something that
you were going to ask-the ones that the density is larger, most of these are three-story rather than just two-story. _
So, they are up Instead of spread out. I
Mr. Reed: Right; and again the developer will decide what they design is, but I believe three slodes la what they are
. looking at. Again, that Is allowed within Multi-family One.
Ms. Gourdie: Next question Is-could you tell me how many trips are generated per day for a single family? I am • •
just
Mr. Donaldson: Ten per unit. "
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Planning and Zoning Commission Minutes {
June 24, 1998
Page 3 of 12
Mr, Reed: Ten.
Ms. Gourdie: And so, I guess I am battled as to how an apartment complex would produce less traffic when you still
have the same amount of people Iving as I It was a home.
Mr. Reed: Actually, the number of people per unit Is less in an apartment complex; the parkland dedication cites cur
1990 census, our U.S. census, with 1.87 persons per apartment dwetling and 2-point-some-odd In a single family.
So-also, some of the Denton lndependcnl School District Information demonstrates that, on average, the apad"i 4
complexes in Denton average 0.07 children per unit. And the reason why single-family units generate more traffic
than apartments Is because of larger family households and the need to transport children around. In a mule-family
you find less children.
Ms. Gourcie: Okay; and these statistics are basso on-are they based on dues that have two major universities?
Or are they just based on-because k's just a need for companies that haro an Influx of people that are working
there? I am just saying that I do not think that these statistics really deal with what Denton has to offer-being that
we hove two major universities and we are a college town. So, to say that we are doing this based on these
statistics, I do not Oink that many towns have two major universities that this Is dealing with. So. I am just trying to
figure out.,.,
Ms. Ganzec How many single-family houses out there are one-bedroom?
Ms. Gourdie: I understand that, but I am saying that In a college you have a two-bodfoon place and four people live
there. Tome, It Is different in a, age then his when you have got business people that you know one or two people
just moved into town-they are looking to settle their Ives-versus a collage atudenl who has two or three people
living with them because that is how they afford rent. Okay; wait, that's fine. This Is a whole moot point; but I think
u at those slatlstics are not really designed for a double college town. Those were the two questions that I had for
right now; thank you.
Commissioner Powatl: Any other quesfons at this time from up here for Mr. Reed? Jim, did you have something?
Mr. Engelbrecht. I was waiting for Mr. Donaldson to make a comme, 'there
Commissioner Powell: I did not see..,,
I
Mr. Engeibrecht: No, no.-
Mr. Donaldson: I just wanted to talk about the data a tittle bit. The data on the number of students pnr unit came
from a survey that the school district did. Actualty, 11 was a complete census of the city that the school district just {
did within the last month. The data on the number of people per unit comes from the 1990 census data, specific to
Denton. The data on the traffic generation per unit comes from the ITE, which collects date from throughout the
country and certainly reflects college towns.
1 Ms. Gourdie: I understand that completely, but when we say of students. I think that college students that drive oars
V are different than children who are being driven around. To me, it Is two different porspecllves, I am not Wing to
argue the point because 8 Is not necessary to do, and I know Mr, Engeiw :ht has a question.
Mr. Engelbrecht: Would you point out the location far McMalh Middte School on there.
Mr. Reed: I believe that Is kcated to the south here. F
Mr. En iolbrenht, I know 'hat it is located to the south. Where Is It In relation to Jason Drive?
Mr Reed, Immediately south. { i
Ms. Ganzec Right here. • •
tr Mr. Engelbrechl: h is primarily to the-I was tryinn to recall-k is primarily to the west of Jason Drive, Is M not? V +
Mr. Donaldson: My Image of [het Is that the matn entrance to the school will be at the Intersection of Jason and
Londonderry. '
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Planning and Zoning Commission Minutes
Junes, 1998
Page 4 of 12
Mr. Engelbrechl: Okay. Now, Is It the traffic plan to extend Jason Drive through to the access road?
Mr. 'load: No; It Is not. The representative for the Engineering Department can probably explain it better than me.
But It's been explained that-through a traffic engineer consultant that the City has hired in the past to address the
concern actually of this rease traffic generated by the school In this area-that extending Jason Drive would not
really relieve any traffic congestion. Because what would happen is that all of the Ieffic would be--some traffic
would go up to the frontage road but stilt come back down to the intersection of 1.35 and Teasley. The consultants'
study found that k would not-the cost benefit ratio would not Justify the extension of Jason Drive. If you would like s
better explanation, I em aura that B Ian Sherrieb could tell you something.
Mr. Engelbrachl: I would, but could you put up the one that shows the whole eight acres. Don't you have one that
shows the entire...? Okay; thank you. So, what I guess my question then Is-11 they are not golni, to extend Jason,
whatls the plan to-what Is the traffic flow plan here? Is ItJust to leave Jason Drive where it is and...?
Mr. Reed: Yes; this particular development would be given access onto 1-35E, and depending upon their requests
for curb cuts. Because they ere edja,.ent to Jason Drive, they could be given a curb cut onto Jason Drive,
Mr, Engelbrecht: So In essence,.,.
Mr, Reed: That is simply a design Issue for them.
Mr. Engerbrocht: t think that that better be a design Issue for us, because yuu're going to have cut through traffic 9
we are not going to design-It Jason Dove, H the traMic-H we' I that should not begone through, then I absolutely
believe that traffic should not be allowed to get all the way . augh that eight acres-In no way, shape or form,
otherwise
Ms. Gamer. Otherwise, they will be cutung through constantly.
N'~ Engelbrecht ...we would be defeating the purpose-yes; absolutely. NAth the traffic flow that Is there, that has
got to be a-that should somehow be an element of this whole plan,
Ms. Ganger. I can testify to that, too, with Sunburst because we are off of Teasley and Dallas Drive, and people cut
through the a constantly from Woodhlll all of the way down tl
Mr Reed: Okay.
Mr Engelbrachl So-otso, it would seem to me that there Is also a question of whether we should allow a curb cut
onto Jason Drive. That becomes an Issue as well, k would appear to me. Am I Incorrect in that?
Mr Reed No; It has been discussed. Your concerns have already been discussed among staff, and should we
somehow try to manipulate that two-thirds of the trafe generated from this development be directed towards gto
Ironlage road and only one-third towards Jason Drive and cut oft that drive-through capacity. It to certainly
something to consider, t
Mr Engelbrecht: Okay.
Mr. Peod I don't have an answer.
Mr. Engelbrecl ! No; but stall has talked about what proportions and considering tr r traffic count and that sort of
1 thing?
Ntr. Reed. Yes; perticurady With the development of the ec" and the traffic that wilt be generated there. And
again, the ET study denwnstrales that the peak hours of traffic b ~m the apartment complex coincide with the peak
traffic on adjacent streets. So, you are going to have this coinciding of your traffic from your apartment complex and
to t, offc for the school. ® •
Mr. Engelbrecht. Exactly. Well, my other concern Is that the way-becavee of the access road being ono-way, even
1J if you limit access onto Jason Drive, the number that Is going to be driven up onto Londonderry Is-f dont know if
you have studied that-but is only way you are going to be able to gel there Is either you go down to the fort Worth
Drive and make the U-turn and come back; or you come down Teasley, go down Londonderry, and circle sround
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Pianning and Zoning Commission Minutes
June 24, 1898
Page 5 of 42
that way. tl would seem to me that that Is not what we want, So, I guess my question Is--B you are going to tirnH
onto Jason Drive, then what do we do to discourage that 75% who will have access only onto the access road?
What do we do to limit their use of Londonderry Street so that we are not in essence dunroing them on In front of the
school anyway-for relums-not for leaving-for returns? Now, obviously, those should not cortAld as much with
the school, but H Is still a neighborhood street. It has a very sharp turn down at Sam Bass, and H would seem to me
that we really do not want to have all of that traffic going onto Londonderry, So, I make those comments, I don't
know If you have an answer but...7
Mr. Reed: II Is a difficult siluet;on, If you limit access for two-thirds or 75% of the units on the complex to the
frontage road, In essence you are creating a situation where these people do have to go down to Fort Worth Drive
and come over, Or they will and up using Londonderry Street anyway and go up Sam Bass and then come back
down. So, maybe the answer is really not so much that we cut off the drive-through potential through the apartment
complex, but maybe make it so that the internal vehicle traffic lane Is such that it does have to-Ihat H cannot be a
straight shot.
Ms. Ganzer, So people would have to kind of wind around..,.
Mr. Reed: Commissioner Ganzer is more familiar with apartment complexes than myself and maybe she could r
provide examples on that. Sunburst, for example, I know Is easy to drive through.
Ms, Ganzer. Sunburst and Woodhill are adjacent, end we share that driveway off of Teasley, and they come through
pretty straight shot going through Woodhill. And then when they get to Sunburst, they kin,; of have to wind around
and we've got the speed bumps and things. So, i don't think It's probably as bad for Sunburst as H Is through I
Woodhill. You have a lot of people going through that way. I go through there, you know, that way myself because
the service road-If I want to go west, but I'm just going from the office. But with the speed bumps and an of that, It
makes H more difficult. But we stllF-I mean, you're not going to stop it here completely. But It Is probably worse
through Woodh;ll than Sunburst. '
Mr. Reed: I think that developer could-may agree that it's not to their benefit to have something that encourages
people to drive through, end I think that they may have something to say In response to your concem.
Commissioner Powell: Any other questions of Mr, Reed at this time from up here? Would the petitioner like to
speak about this? Please give us your name and sdPr jis, sic
Mr. Connors. Yes, Pat Connors, 7104 Colada Court, Dallas, Texas I want to thank the Commission for hearing us,
and I'm here mainly to answer questions but potaps alleviate some of your concerns with regard to the site Itself.
Let's see if I can--can you back off of that just a little bit? There we gn.
Commissioner Powell. It's a little bit more than we wanted.
Mr. Connors, Originally, we had anticipated a single entry to the property, but alter coming and I stening to y'an last
week, or last time we were here on the previous property, we determined that perhaps we had on Issue como up or
that would come up with regard to access for fire safely. So, our Intent would probably be tc-and by the way, this
wou'd be a gated community. It would not be allowed-traKc through from just anybody. So, more than likely, we'll
move this building over, allow access from , ison more as s control gale, end also with the main Intent for fire safely
in the event that there's a problem up in this end of the complex. And as you can see, the layout Is not such that H
would lend Itself for somebody driving through and short-cutting through. It'd be more of a hassle to go through
there than to go around either Londonderry or Sam Bass or whatever, So. Mat's more of our intent that way, and we
would prefer not to have the rear gate; but I understand y'alt's concern about fire safety and feel like we will probably
add that just for that purpose.
Ms Ganzer; What Is your unit mix going to be?
i;
Mr. Connors: Unit mix? 0 ,
Ms. Ganzer: Unit mix,
Mr. Connors: The quantity of units or the mix of the units?
Ms. Ganzer: The mix of the units-one-bedrooms, two•bedmoms and etc.
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Plann!ng and Zoning Commission Minutes
June 24, 1998
Page 0 of 12
Mr. Connors: Okay. Just a moment-I can gel It right here. The unit mix will probably be approximately 66 single
bedroom units. There'll be 30 three-bedroom units and 166 two-bedroom units. Now, I think we've modified that a
little b't to be 78; we have modified fhal to get our density requirement-land requirement into your guidelines to 78
one-bedroom units, 162 two-bedrooms, and 24 three-bedrooms, That's our proposal at this Urns. We haven't
finalized our plans yet, but that's kind of what we're looking for.
Ms. Ganzer: I'm always concerned because or the way the market is now about three-bedrooms coming in.
Mr. Connors: Right.
M i. Ganzer: I like that. Thal's why I said that. We need those, Those are the ones we need woi St.
Mr. Connors: We would love to have more, but the land use doesn't-land mix doesn't allow us to have much more
than that.
Ms. Gourdie: Mr. Connors, where will the gate be?
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Mr. Connors: The gate will be, the initial, [tie main entrance,.
Ms. Gourdie: Yes.
Mr. Connore..,.will be on 35 access,
Ms. Gourdie: Would yov please show me on your drawing, please.
Mr. Connors: Be right here i
Ms. Gourdie: lend how do you account for traffic flow; I'm just kind of curious because I live....
Mr. Connors: Ice gate-I'm sorry; the gate will actually be at this end of the complex. So, If there Is a back-up,
there's enough room !or, eh, 20 cars or so-15 or 20 cars to get off Nan the access road. And actually, this slow$
prospective tenants to come In and visit the clubhouse facility-the once clubhouse-and still control access to the
property.
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Ms. Gourdie: Okay. Thank you, Mr. Connors.
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Commissioner Powell: Any other questions up here of Mr. Connors?
Mr. Engelbrecht: Yes. Has staff talked to you at ell or have you done any studies with regard to the proportion of
traffic that you see using Londonderry and Sam Bass to enter your facility. Obviously, they wouldn't be using It to
exit so much, but circle around and come back In.
Mr. Connors: This Is one or the things that we have talked about amongst ourselves and with our architect-about
1 whether we allow this primarily to be just an emergency gate for the Fire Department or as a control gate for access
+ to the property. That's something I think [hat we'd have to research a hills fuller to gel some Input from your staff U
rind out what would be their recommendations because we're open. As far as we're concerned, we'd dust as won
y not have It; but from the fire safety Issue, we fee; Nat k's necessary, and that could be done as a crash gate of some
kind or a keyed gate or something of ibis nature, We're open to and would prefer la keep the traffic up In that area.
Mr. "gelbrecht. But my point Is the[ H you make that a crash gale, what proportion of that traffic will return to the
facility via Londonderry end Sam Bass as opposed ta..,
Mr, Connors: ,.working around behind?
Mr, Engetbrecht: Right; as opposed to Fort Worth OMs.
• Mr. Conners I have no Idea, •
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Mr. Engelbrecht: Haven't done a study on that?
Mr. Connors: No,
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June 24, 1998
Page 7012
Mr. Engetbrecht: Okay.
Mr. Connors. I really have no idea About that. I think you're probably going to have a few people that will do that,
but the majority will probably access Fort Worth end come around that way. '
Mr, Engelbrechl; Okay. Thank you
Commissioner Powell: Any other questions at this time of the petitioner?
Mr. Engelbrecht: I would like to interject one at staff since we've been talking about this traffic Issue. The redesign
of Fort Worth Drive [hat's going on now-Es shat going to continue to Include the Texas turn-around at Fort Worth
Drive?
Mr. Sherrieb: I do not have an answer to that question honestly. I've not deaf[ with Fort Worth Drive. It Is a State
Item, and 1 have not seen any plans on the redesign myself.
Commissioner Powell: Certainly they wouldn't eliminate a U-tum there.
Mr. 'ngelbrecht: I wouldn't think so, but K's very important In terms of-to this facility.
Commissioner Powell: Well, It's very Important to Denton-period.
Mr. Donaldson: I can't Image them eliminating R.
Mr. Connors: They're normally adding those rather than taking them away, Thank you.
Commissioner Powell: Thank you, sir.
Mr, Connors, Thank you.
Commissioner Powell: Is there anyone to speak for the Issue? Anyone else here to speak for K7 is there anyone
here to speak against it? We're on item 8, which Is a public hearing for a zoning change. Is there anyone hero to
speak against It? The petitioner has another shot at us K he would like. Apparently, he thinks he's got K; so, I'll ask
staff if they have anything else?
Mr. Reed. With the consistency of both our 1988 Denton Development Plan and our Denton policies as they are
currently written, staff recommends approval.
Commissioner Powell; Thank you, sir. The Chair will close the public hearing and ask for Any comments or....
Ms. Gourdie: I have a question, Mr, Reed. When you described this moderate Intensity area and you showed us the
way It was and A was split down 1.35, what did K look like before. I'm trying to get a picture of what-you know, this
was criginal'y commercial, and now we've kind of added a bunch or nluitl-famlly. And then on the other side, we did
a bunch of multi-I wonder where all Vie commercial went lo; or could we-have we changed any more commercial.
What have we done; I guess I Just want to know what's different-what it was first intended to do and what we're
doing with It now,
Mr, Reod: See K we can zoom in. Okay. As this area Is currently zoned, K's divided up. On the north side of 35,
the map shows it's an commercial; however. I have to lake that back. This is multi-famiy, and then there's
commordal along along strip of 35. On the south side, I can't speak for when each zoning disc kt was approved by
Ciy Council. And the way our zoning map displays the zoning district, the dashed line Illustrates the entire area that
was within a request-such as the one that you have tonight Is 2.21 acres for mutt-family one and the one next to K
for 2 269, I believe Is going to be another zoning district for multi-family one. What we have here en our zoning map
are sevoral small zoning districts, and I can't speak to the effect of when they were passed...
Ms. Gourdie: Right. ! Q
Mr. Reed and what wa. the zoning before then.
Ms. Gourd* I'm just kind of curious how much we're changing direction and N we are changing, doing s big flip-flop
here from the original Intent of what we wanted to put In this Area. That's what I'm kind of trying to see In my mind.
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June 24, 1998
Page 8 -~f 12
Mr. Reed: Actually, no. What this Is doing Is Increasing the Intent of this area, which Is Identified as a moderate
activity center within our 1988 Denton Development Plan. And again, a moderate activity center Is meant primarily
to place jobs and housing In close proximity to one another. And In this area, that closeness of the two means
primarily mu?Vamily close to commercial and other types of business. So, Ili very consistent with the Intent.
Ms. Gourdie: That's my only question. Thank you
Mr, Reed: You're welcome.
Commissioner Powell: We apparently lave some more questions or comments here.
Ms, Ganzer: I'm ready to make a motion.
Mr Engelbrecht: I'd like to ask a question first, H I might? If you could refresh my memory-under MF"1, what would
be the maximum density that would be allowed?
Mr. Donaldson: It would vary according to the unit mix, but If you assumed all two-bedroom units, the code sets
aside 1,500 square feet for each unit. So, dividing 43,000 feel per acre by 1,500, you'd get approximately 30 If they
were all two bedrooms, $o, that's why people play around with these bedroom mixes in order to ochave the density
that they can.
Mr. Engel'urechl: Okay. Thank you
Commissioner Powell: Carol Ann?
Ms, Ganzer. I'm prepared to make a motion.
Commissioner Powell: I guess we're prepared to hear It.
Ms, Ganzer: I move to recommend approval of Z•98-030,
Commissioner Powell: Motion to approve has been made +s there a second?
k1r. Moreno: I'it second.
Commissionor Powell: By Mr. Moreno. Are there any other discussion or questions?
Ms. Gourdie: I have some discussion. I'm going to be voting against this. First and foremost, and I'm going to
explain the reasons why because I drove this area, First, I really believe that 3,47 Is a high density. I Oink It should
be what the average Is-25; and I Just think thafi for-and here on page 4 01 our back-up It states that 'growth
management category is s reposed to promote efficient use of existing Infrastructure' Weg, I don't think that we are
promoting of lcient use of the existing infrastructure, so I don't agree with that. I think that's not right. 'Balancing
land uses, enhancing economic diversity and the tax base'-well, we all know that this Is not going to enhance our
tax base in any way, shape or form. Commercial would do just the same without any kind of, ready, strain on our
school system, strain on our public utilities and everything else, And is 'consistent with the goals of the i
comprehensive plan"--wetl, I'm sorry to say, but we haven't followed the comprehensive plan since I've been on this ,
P82 board, so I have a real hard time with that one. The exit on 1.35--I heard someone say that It's a yield sign. It's
net a yield sign. They just changed it to a solid white kn+, which means that the traffic that's flowing on the frontage
road has a straight-ahead through, There's no stopping, whlch means that traffic that's exiting horn this apartment
complex ca- get whacked at any momonl, at any time Because It's an uphill coming down, people oren't watching:
and because 1!,ey just restriped that, I think that most people don't realize It's no longer yield for traffic coming oft of
1-35. Aid I really think that if we are, as a City, wanting to promoto our tax base, we need to start looking Into putting
more real commercial businesses Into our areas. And I have a hard time rezoning commercial for more homes. And
we also do have, according to some of the consultants that we've talked to; we have a very high rata of multl•tamily .
homes here. And 1 Just think that we are pushing the gun a little too fast now and those are the reasons I will not
vote for this. It's just not how it should be and it's loo high In density. 0
Commissioner Powell, We have a motion; we have a second. Are there any other comments? Jim, you look like
you're about to say something,
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Plunnine and Zoning Commission Minutes
June?,, 1998
Page 9 of 12
Mr. Engoibree t: I don't feel comfortable with this density, I feel more comfortable with 4 being on the Interstate.
However, given the access poten0al through Londonderry and Sam Bass, I'm not real comfortable with those
aspects of this particular case. I em pleased to see the number of three-bedroom apartments so Ms. Ganzer has
addressed. I am going tool this time to vote In favor of this case, but I'm going to do so reluctantly.
Commissioner Powell: Any other comments, questions? Are we prepared to vote? All in favor, raise your right
hand. All apposed. We have four in favor with Ms. Gomdie against. Four to one,
I'm going to do something strange here and ask the oudience-are they here for Item Ii Okay-the annexation.
Afl right. We're going to take a break-It's 8:30 p.m., and I'm going to ask the Commission for an opinion of when
we should conga back. Anybody got a good...?
Ms. Gourdie: Ten minutes?
Commissioner Powell: Since there's something to eat down there, I would say at 8: 45 p.m. Would that be fair?
Ms. Ganzer. We didn't know we were eating,
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Mr. Engelbrechl: Is this a long case? This number nine, do we expect H to be....
Commissioner Powell: I don't know. I was just surprised to see people here fol ft. so I figured It's going to be here a
while. I don't..,.
his, Center. If we're going to eat, I'd say about 20 minutes.
Comm ssioner Powell: And we don't have to break now. We can wail and break between 9 and the work session.
I'm asking.
Ms. Ganzer: We need a break.
Commissioner Powell: We need a break now. We'll be back at 8,45 p.m.
The Commission adjourned for a break.
The meeting wasreconvenod.
PUBLIC HEARINGS -ANNEXATION
e. Hold a public hearing ail consider making a rscommandalfon to City Council concerning the
annexation and temporary : • 1cultural (A) zoning classification and land use deslgnat on of a fill
acre tract. The property Is Ir, sted east of Svl%hor Road near Its Intersection with Edwards Road In
Demon's extraterritorial jurisdiction northeast ' I.3SE, Residential development Is proposed, (l1i
The Preserve, Mark Donaldson)
Commissioner Powell: We have a quorum, and we are about to held s public hearing and consider making a
recommendation to City Council concerning the annexation and zoning of 15.088 acres to Agricultural (A) i
• classification and land use designation. This Is Hem Son our agonda. Mr. Donaldson.
Mr. Mark Donaldson presented the staff report.
Mr. Doraldson, Thank you, Mr. Chair and Commission. Section 34.35 of the City of Denton subdivision regulation
addresses annexation policy and basically says we will look at them on s case•by-cess basis. In Section 35.15 of
the zoning ordinance, we allow for the temporary classification of annexed land as Ag zoning in the event that the
applicant Is not prepared to request a specific zoning. That's the case this evening. We've boon asked to consider
a recommendation on the annexation of the 15-ptus acres and the designation of temporary Ag zoning on 8 until
such time as the adjacent Planned Development starts bringing Its amended concept plan end detailed plans O •
Ihrough the process, which sia,4d begin later this summer. This Is an area-Mr. Fooilik, the eppfcanl, brought this
great aerial here, The piece in question is this little tongue with the white boundary right here-IS 088 acres
associated with 411-plus acres of what we can PD-132 This Is a Planned Development that heal been In piece for
almost 15 years, has a variety of uses and a variety of housing types. It Is primarily a residential Planned
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Agenda No
AGENDA INFORMATION SHEET Agrnda uem
Date_
AGENDA DATE: July 21, 1998
DEPARTMENT: Planning Department
DCM: Rick Svehla, 349.7715
SUBJECT -The Preserve Annexation (A-77)
Consider adopting an ordinance annexing a 15.088 acre tract located east of Swisher Road near
its intersection with Edwards road in Denton's extraterritorial jurisdiction northeast of I-35E;
establishing temporary Agricultural (A) zoning district classification and use designation; and
providing an effective date. First reading, A-77. (Planning and Zoning Commission
recommends approval.)
BACKGROUND
The Westover Residential Company and CAMS, Inc., proposes to develop its property near
Swisher Road north of 135E in southeast Denton. Within the city and adjacent to the proposed
annexation, the applicant owns 400-plus acres within a Planned Development zoning district ii
(PD-132). The proposed annexation Of 15.088 acres will provide a corridor for road and utility
connections to the applicants land within the City and in the planned development when i
development of the northern portion of the planned development occurs. i
In accordance with the City's annexation policy plan, approved June, 1993, the City will "assess
on a case by case basis the annexation of areas in the extraterritorial jurisdiction (ETJ) when
significant developments are proposed."
An Annexation Study and Service Plan have been prepared for Council and public review during
the annexation process. The capacities of infrastructure such as water, wastewater, streets and
electric service and such service capacities as police. fire, recreation, and general government are
adequate to provide service to the proposed annexation, Some upgrades to existing roads and
services may be necessary if significant development occurs at a rapid pacer
First reading of the ordinance institutes formal annexation procedures and must be more than 20
• days after the second public hearing but less than 40 days from the first public hearing.
The second reading of the ordinance must be more than 30 days after publication of the
ordinance and less than 90 days after council institutes annexation proceedings. The ordinance
will be published July 26, 1998, in the Denton Record-Chronicle. The schedule for public
hearings consistent with the requirements of State law is included
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J%W~ PRIOR ACTj%V1 RF . 'I_F,_1V' (Council. Boards. Comm Ins)
The Planning and Zoning Commission recommended approval (5 - 0) of the annexation and
zoning at its meeting on June 24, 1998.
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FISCAL INFORMATION f
Without specific development plans at this time, it is difficult to complete a cost - benefit
analysis without making many assumptions. Nevertheless, residential development with
supposing community services at this site is unlikely to have a positive benefit to cost ratio in
the near term. However, when developer supported public improvements, as well as other
community benefits such as parks, trails, and school sites, are factored in, the potential for a
long-term positive benefit - cost ratio exists. A school site in the southeast Quadrant of the city
is extremely valuable, as are potential sites for other community services such as police, fire and
library facilities.
AI]'ACHMENTS
1. Annexation Ordinance
2. Planning and Zoning Commission Staff Report 1
Res tfully subm ed-
Hill
Director of Planning and Development
Prepared by:
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Mark Donaldson
Assistant Dirxtor, Planning and Development
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT
COMPRISING 15.088 ACRES, LOCATED EAST OF SWISHER ROAD NEAR ITS
INTESECTION WITH EDWARDS ROAD IN DENTON'S EXTRATERRITOTIAL
JURISDICTION NORTHEAST OF 1.35E; ESTABLISHING TEMPORARY
AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION;
PROVIDING FOR A PENALTY IN THE MAXIMC`V AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton wishes to extend its City limits line to include the 15.088
acre tract as described in Exhibit A; and
WHEREAS, public hearings were held in the Council Chambers on June 2, 1998, and
June 16, 1998, to allow all interested persons to skate their views and present evidence bearing
upon this annexation; and
WHEREAS, annexation proceedings were instituted for the property described herein by
the introduction of this ordinance at a meeting of the City Ce i cil on July 21,1998; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton after annexation proceedings were instituted and 30 days prior to City d
Council taking final action, as required by City Charier; NOW THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION That the tract of land described in Exhibit A, attached hereto and
incorporated by reference, is annexed to the City of Denton, Texas.
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SECTION 11: That the service plan attached as Exhibit B, and incorporated by rererence,
which provides for the extension of municipal services to the annexed property, is approved as
part of this ordinance.
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SECTION III: That the annexed property is temporarily classified as Agricultural (A)
zoning district classification and use designation.
• SECTION[ :That the City's official zoning map is amended to show the Agricultural
(A) zoning district classification and use designat;o,` of the property annexed.
SECTION V: Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declares it to be its purpose to annex to the City of Denton all the real property described in
• Exhibit A regardless of whither any other part of the described property is hereby effectively 0 •
annexed to the City. If any part of the real property annexed is already included within the city
limits of the City of Denton or within the limits of any other city, town ur village, or is not within
sY the city of Denton's jurisdiction to annex, the same is hereby excluded from the territory
annexed as fully as if the excluded area were expressly described in this ordinance.
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SECTION VI: That any person violating any provision of this ordinance relating to the
Agricultural (A) zoning district classification and use designation shall, upon conviction, be,
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated ;
shall constitute a separate and distinct offense.
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SECTION VI 1: That this ordinance shall become effective thirty (30) days from
the date of its final passage and publication, and the City Secretary is hereby directed to cause
the entire ordinance to be published once and the descriptive captit n to be published twice in the i
Denton Record-Chronicle, the official newspaper of the city of De iton, Texas, within ten (10)
days of the date of its passage.
PASSED AND APPROVED this the day of 1998. i
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Jack Miller, Mayor
ATTEST:
JENNIFER WAITERS, CITY SECRETARY
BY: ,
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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PLANNING AND ZONING COMMISSION REPORT
STAFF REPORT
Sub ec : Annex and Zone 15.088 Acres Case Number: A-77
Staff; Mark Donaldson Apr da at : June 24, 1998 j
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PURPOSE
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Hold a public hearing and consider making a recommendation to the City Council concerning the
annexation and zoning of 15.088 acres to Agricultural (A) zoning classification and land use '
designation.
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LOCATION MAP
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GENERAL INFORMATION
Applicant: Westover Residential Co, 8 CAMS Inc.
4000 W. Windsor
Flower Mound, TX 75028
Owner: Westover Residential Co. 8 CAIAS Inc.
4000 W. Windsor
Flower Mound, TX 75028
Location: The property is Ic-cated east of Swisher Road near its Intersection with Edwards Road
in Denton's ETJ northeast of 1-35E,
Size: 15.088 acres.
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PROCESS
WIC ~ At section 34-35 (Annexation Policy) of the Subdivision and Land Use Reguations, the general
policy of the City is stated to assess on a case-by-case basis the annexation of arras in the
extraterritorial jurisdiction (ETJ) when significant developments are proposed, occLi-, Ing, or likely to
occur in the near future.
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The applicant uwns approximately 411 acres adjacent to this property within the C ty boundary,
The property is zoned as PD-132, a mixed-use, mixed-housing zone district. It is the Intent of the
applicant to include the subject 15.088 acre property in the pending development of their property
currently within the City.
Two public hearings have been conducted In the annexation process. Upon Planning and Zoning
Commission action, the City Council will elect to lni}ia',e the formal annexation procedure.
At section 35.15 (Temporary Zoning, Annexed Territory) of the Zoning Regulations, the p*)licy of
the City is stated that all territory annexbd to the city shall be temporarily classified as Apd,Vtural
(A) zoning classification and land use designation, until permanent zoning Is established by the
City Council. When a detailed plan fcr the applicant's land within PD-132'^ considered, the zoning
of this 15.088 acres will be reconsidered.
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COMPREI4ENSIVE PLAN ANALYSIS
This area is within a low intensity area of the city. The purpose of low Intensity areas in the city Is
primarily for residential and neighborhood support land uses. A threshold of 60 vehicle trips per
day per acre has been established in the Denton Development Plan (DDP) for low Intensity areas.
The proposod land uses within PD-132 and this 15.088 acre tract are consistent with the DDP , Q •
"`t guidelines for low intensity areas.
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SPECIAL INFORMATION
1. Transportation
A. Trip n ratio
The proposed use of the annexe property Is for lownhomes at 10 units per acre. Built to "
maximum the 15.088 acres wuid result In as many as 120 housing units. At 8 trips per day
per unit (ITE Trip Generation Manual, a Edition), 720 trips could result from development of
the annexed property.
B. Access
If developed as proposed, this property will have access to the City's street system to the
east and west: to the east through the balance of PD-132 and its proposed Lakeview
Boul.-vard and to the west to Edwards and Swisher Roads.
C. Lqvel of Service
Edwards and Swisher Roads may need upgrading to ecoommo~late significant
development r'
D. pedestrian Linkages
The proposed annexation will have pedestrian links to the east and the balancer of PD-13c.
2. Utilities
A. Water,
Water service Is currently available from a 27' water line at Pockrus Page Road,
approximately 5,000 feet east of the property at 1-35E.
B. We. ewa er.
Wastewater service is currently available to a 24" sanitary sewer line at Edwards Road,
approximately 4,000 feet west of the property.
C. Electric.
Electric service N available.
3. Drainage and Topography
Topo;raphy generally slopes to the east, toward the balance of PDA 32.
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PUBLIC NOTICE
0 Notice of the annexation and zoning request was published In the Denton Record-Chronicle on
June 14, 1998,
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RECOMMENDATION
C rWltt~ ~~(♦I~~tl~r~l~l~~t•~Ilp~l~it• . '
Staff fecommer.ds approval of A-77 with temporary Agricultural (A) zoning district classification and
land use designation. O
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MOTION
I move to recommend approval of A•77 with temporary Agriculturet (A) zoning district classification {
and land use designation.
ALTERNATIVES i
1. Recommend approval as submitted.
2. Recommend approval with conditions,
3. Recommend denial.
4. Postpone consideration.
5. Continue item to a date certain.
ENCLOSURE8
1, Vicinity Map.
I 2. Zoning Map.
3. Utility Map.
4. Site Plan,
5. Public Notice advertisement.
6, Annexation Study. `
7, Annexation Service Plan.
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ATTACHMENT 2
VICINITY MAP .
A-77
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95.088 Acre Annexation
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ZONING MAP .
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96.088 Acre Annexation
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UTILITY MAP ATTACHMENT 4 is
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95.088 Acre Annexation
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Site Map . ATTACHMENT S
A-77 '
PROPOSED r'
S; r
ANNEXATION
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DEYELOPMENTPLAH
THE PRESERVE
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DENTON RECORD CHRONICLE - 6-14-96
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NOTICE OF
PLI aLIC HEARING
A4JJ
The Planting Sad Zsning
Commluiom of the Gly at
Donlon will hold a PuEDO . .
hoarlog oh Wednesday, Jov j
ga, IM, to conllde a request l
to anMa and lone 1 I1.C41
can tract as in Aorlcullural
I Al same district. Thf Prellar' ` 11
ty Is localed east Of Swls"
LEGAL NOTICE!
Se naer n ems} r~ : I
With Ill Rosd in Doo-
t011'e gtratnrilorlsl Jurls• _
dlalon Mrthatll of I'ME.
TM Duoue Msring wilt W
flak during IM Planning and
2oni10 Cam minkn Inls}Ing
that starts 611: so 0 m. 1, he
CNy teuncli ch6mor1 W
City hill, 11J E. McKinney
Street, Anon, 7ea6L 1
Marti Donaldson
Antsfent Gisela,
Planning and Deveolomeol
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ATTACHMENT 6
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ANNEXATION STUDY
(A . 77)
The Preserve
Name and Address of Owner:
Westover Residential Company and CAIAS, Inc,
4000 W. Windsor
Flower Mound, TX 76028
(W2)355-3795
Name and Address of Developer:
Westover Residential Company and CAIAS, Inc.
4000 W. Windsor
Flower Mound, TX 76028
(972) 355.3785
Location and Size: 16.088 acres located east of Swisher Road near Its
,-Intersection with Edwards Road In Denton's
extraterritorial jurlsdictlon (ETJ) northeast of I-35E.
Existing Land Use. Undeveloped
Surrounding Land Use: East: Undeveloped land In the City zoned PD-132
West: Undeveloped land In the ETJ
North: Scattered single-family residences in the ETJ
South:Scattered single-family residences In the ETJ
Proposed Development: Residential townhome development at 10 dwelling
units per acre consistent with the proposed Development Plan for the
Preserve at Pecan Creek.
Analysis:
It is the general policy of the City of Denton to assess on a case-by-case basis
• the annexation of areas In the extraterritorial jurisdiction (ETJ) %i ion significant
developments are proposed, occurring, or likely to occur In the near future.
The following are guidelines for determining when annexation study should be
considered:
(1) Single family developments over five acres; or
• (2) Multi-family, Industrial or commercial development over one acre; or
(3) Any area where the density exceeds 600 units per square mile; or
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(4) Any development or area that might have a significant impact upon the
city, Including but not limited to service costs, Increased traffic, drainage
Impact, utility needs or utilization, safety or health hazards.
GuldelInes for scope of study. In study!ng the questions of whether or not an
area should be annexed, the following criteria shall be considered;
(1) The ability of the city to furnish normal city services equal to other
comparable areas Inside the city limits.
A. its and Fads. Existing roads In the area, Edwards Road and
Swisher Road, are not constructed to city standards. Substantial
upgrades will be required to provide services equal to city standards.
B. Watei 1 Wastewater Services. Water service In the area will need
to be extended at developer's expense approximately 6,000 feet to any
future development. Wastewater collection lines in the area will need to
he extended at developer's expense approximately 4,000 feet to any
future development. Water and wastewater treatment systems have
excess capacity.
C. Electric Distribution. Electric diotribution Is capable of providing
service t, the area.
D. Soli aka Collection and Disposal. The city currently does not
provide solid was16 services in the Immediate area. Any development In
the area will result In increased demand for services. Additional personnel
and equipment will be necessary to provide sarvice to significant
development hi the area.
E. Police Service1. Any future development of the property will result
In Increased demand for police services in the area. The ores surrounding
this property is already within the city. Response time to the subject
property would be comparable to that of surrounding property in the city.
Additional personnel and equipment may be necessary to provide service
to significant development In the area.
F. Fire Protection and Emergency Medical Services (EM Any
future development of the property will result In increased demand forfire
protection and EMS services in the area. Station #8 Is located near the
Intersection of Teasley Lane and Lillian Miller Parkway, approximately
tiree miles from the property. Response time via Lillian Miller Parkway
and 1.35E may be relatively difficult, <repending on traffic conditions.
0 Extension of Wind River lane from Toaley Lane to the 1.35E frontage road
will greatly enhance response time to the property. Additional personnel O 0
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and equipment may be necessary to pro:,ide service to significant
development In the area.
O, Parks and Recreation Services. Any future development ofthe
property will result in Increased demand for park and recreation'serAces in
the community. Neighborhood parks will be required as development
occurs. Additional community and regional facilities may be necessary to
provide service to the residents of the area If significant development In
the area occurs.
H. Libra Services. Any future development of the property will result
in Increased demand for library services in the community. Additional
personnel and facllities will be necessary to provide service to the,
residents If significant development in the area occurs.
1. Code Enforcement Building Inspections and Consumer
Services. New building aclivitywitl trigger additional casework for the '
Code Enforcement, Building Inspections and Consumer Health
departments. At present there Is no excess capacity In any of these
divisions.
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J. Planning and Devetooment Services. Zoning, platting and I
development activity will trigger addition case work for the Planning and
Develcpmenl Department. At present there is no excess capacity in any
diviato^i of the department.
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K. Miscellaneous. Any future development of the property will result In
-Increased demand for general government services In the area. j
Additional personnel and facilities nicy be necessary to provide service to 1
significant development In the area.
L. Capital ImorgUrnpnt Program (CIP), The CIP of the City Is {
prioritized according to the following guidelines;..
1. Provision of Capital improvements es compared to others
areas will be based on characteristics of topography, land
utilization, population density, magnitude of problems as
j O related to comparable areas, established technical standards
and professional studies.
2. The overall cost-effectiveness of providing a speciflo facility
or Improvement.
The annexed area will be considered for public improvements In the
upcoming CIP, This property will be considered according to the
established guidelines, tD
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(2) The reliability, capacity, and future public cost, If any, of current and
planned provisions for community facilities such as roads, drainage,
utilities, etc. .
A. Streets and Roads. The property's primary access will be via.
Interstate 35E, which Is the responsibility of TXDOT for maintenance and
Improvements. Construction of internal roads required to provide access
to future subdivisions of the property will be the responsibility of the
developer. There may be long-term cost to the city to provide necessary
upgrades and improvements to Edwards and Swisher Roads.
B. Water / Wastewater Services. Water distribution and wastewater
collection systems are In proximity to the property, Water and wastewater
treatment facilities have capacity. Both are "Enterprise Funds' so that any
necessary improvements will not Impact the general fund. Extenslon of
service lines to and within the property will be the responsibVity of the
developer.
C. Electric Distribution. Facilities to provide electric service to the {
property may be nebessary. Again, the electric utility is an 'Enterprise
Fund" so that any necessary improvements will not Impact the general
fund. Service connections will be the responsibility of the developer.
D. Solid Wast Collection and Disposal. Equipment to provide
services to the property will be necessary when fully developed. The sclid
waste utility Is also an ent • prise fund.
E. Police, Fire end Emergency~ledical Servios. These departments
are driven by response time. As additional development is this area j
occurs, more personnel and equipment may be necessary to maintain
current response times, Station 46 Is approximately three miles from this
property.
F. Forks and Recreation Libraryand General Government Services.
The demand for these services Is a function of residential population.
Additional development will result in more residents, which will result in
more demand for facilities and services in the city.
(3) The need and quality of land use and building controls. Private 1
s controls will be considered.
This property Is located adjacent to a Planned Development district (PD-132)
which requires that site plan controls be included In on approved detailed plan.
• Control of the quality of land end building development will be regared. • • {
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(4) Impact on the city, both current and long range, including at a
minimum:
a. Fiscal cost and benefits;
Until there are definite detailed plans available for consideration the fiscal cost
and banal'it of the proposed annexation is difficult to assess. However, the
proposed development plan indicates that a balance of land uses will be
provided, Including residential, commercial and civic uses. In addition, many
significant public benefits will result from the proposed development, ind ding;
• Park land dedication within the Pecan Creek drainage area so that
linear greenbelts and trail coiddors can connect to areas outside the
development;
■ An area for community and civi,. uses is proposed;
■ A school site is proposed; and '
■ Construction of Lakeview Road, a north-south arterial, will be required,
b, Traffic;
Located near the Shady Shores exit from 1.35E, It could be expected that most
traffI will utilize the Interstate system for travel to the southeast and northwest.
Once on the Interstate system, traffic Impact on existing residential neighborhood
will he minimal.
Pockrus Page Road and Edwards Road will provide additional access to and
from the west. Both operelo at less than capacity, but would require substantial
improvements to carry significant trarric, Lakeview Road, a north south arterial,
will be constructed as development occurs. A northern connection to FM 426 is
highly desirable to disperse traffic to as many differenl routes as possible.
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C, Infrastructure of roads, utilities, and other community facilities;
Interstate highway capacity Is In place and will be utilized to a great degree.
Local roads must be enhanced in'the near future. Water distribution and
wastewater collection systems must be extended at developer's expense. i
Electric service can be provided. Other community facilitles may be necessary if
significant development occurs rapidly.
d. Safety and health;
The proximity or this property to fire station k8 will provide adequate response
times for fire and emergency services. The area is already within the police
service area. Significant additional developmen' may require additional
equipment and personnel to provide adequate response times.
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a. Building or development quality;
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'one property is currently zoned as a planned development. Land and building
design standards can be incorporatec(Into any approved detailed plans,
i. Aesthetic quality;
The city's landscaping ordinance will applyto any newdevnlopment. Land and
building design standards can be Incorporated Into any approved detailed plans.
g. Community character.
There Is no predominant character of existing development In the area. Any new
quality development Is likely to enhance the area.
(5) Conformance with or need to ensure conformance with the officially
adopted master plane of the city, r
The 1988 Denton Development ?Ian Identifies the area as a'Low Intensity Area%
The low Intensity designation Is the least Intense development district In the cKy,
Residential development of this property with appropriate nieghborhood-oriented,
mixed uses can conform to the 'Low Intensity' development standard,
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ATTACHMENT 7
ANNEXATION SERVICE PLAN ,
CASE NUMBER: A-77
AREA: 15.088 Acres
LOCATION: East of Swisher Road, near Its intersection with Edwards
Road
Municipal services to the site described above shall be fumished by or on babe'!
of the City of Denton, Texas, at the following levels and In accordance with tht.
following schedule:
A. Streets and Roads.
Access is available currently v1a 1.35E, Swisher Road and Edwards Road.
Future development will result in the construction of Lakevlew Road, a
north-south arterial road ultimately connecting Highway 380 and 1-35E
along the eastern edge of Denton.
B. Water / Wastewater Services.
Water Is currently available at Pockrus Page Road and 1.35E,
approximately 6,000 feet west of the property. Wastewater service Is
currently available at Edwards Road, approximately 4,000 feet west of the
property.
C. Electric Distribution.
Electric service Is currently available In the area.
D. Solid Waste Colleclio and Disposal.
The City can serve this property. Service may roluire additional
equipment, personnel and operating resources. One solid waste truck
and three-person crew is needed to serve each additional 1,300
households In the city.
1 0 E. Police Services.
{
The department estimates that service can be provided within average
s response times for the city es a whole. Tire City's priority response time Is
8.06 minutes, while Its average response time Is 12.45 minutes.
. F. Ffre Protectign and Emern ncy Medleal SeMcas UM).
The City currency serves adjacent property. Station NO Is approximately 3
miles from the subject property.
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G. Parks and Recrgatlon Services, v
The City currently serves adjacent property. South Lakes Paris Is more
than 3 miles from the subject property. Addhional neighborhood parks
;2{ would be required as a result of development.
Library Services.
H.
The Library anticipates that Increased demand resulting from development
In the City can not be met using existing materials, facilities and
personnel. The City currently has less than half the standard number of
Items per capita (4.45 items) and below the standard facility area per t
capita (0.75 sq. ft.).
1. Code Enforcemert Building Inspections and Consumer Health Seados, . `Y
The City currently serves adjacent property.,
J. Planning and Development Services. s4;
The City currently serves this property.
K. CopitalImprovement Program(CIP).
The CIP of the City Is prioritized according to the following guidelines;
1. Provlslon of Capital Improvements as compared to others areas will
be based on characteristics of topography, land utilization,
population density, magnitude of problems as related to
comparable areas, established technical standards and
professional studies.
2. The overall cost-effectiveness of providing a specific facility or
Improvement. j
Thu annexed area will be considered for public Improvements in the
upcoming CEP. This tract will be considered according to the established
1 guidelines.
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ATTACHMENT 8
SERVICE ANALYSIS -
A-77
O C
1, Estimated ararsgs respcise time for this area based on current department conditions:
Priority 8.06 minutes
Non-priority 13.90 minutes
Average 12,45 minutes
2. Appropriate average response time in the city based on current department conditions;
Priority 8.06 minutes
Non-priority 13.90 minutes
Average 12.45 minutes
3. If annexed and developed as proposed will additional personnel be needed as a specifr
result of this proposal? No e_ If yes, how many? What type?
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4. Will additional equipment and funding be needed to serve this area? No _ If yes,
what type?
5. Will a police substation or other facility be needed to serve this area as a result of
annexation and development? ~No * If yes, when should the new facilities
be operational?
6. Please comment on the cumulative Impact of annexation and development,
At what population level would another police facility be required? See Below _
Is there an accepted facilitylequipment to population ratio that can be used for planning
purposes? , Yea
Is there an accepted officer to population ratio that can be used for planning purposes?
Yes.
Additional Comments:
This analysis pertains to the 15.088 ecru described in the request, but
'a• not to The Preserve subdivision in total. The proposed annexation will have
negligible impact on current police reponse times and resourcesl however, in
the context of the new subdivision the analysis will be such different.
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Lt. Tom Woods May 7, 1998 {
Person to contact H there are questions Date p
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SERVICE ANALYSIS f
A•77
WMERf WASTEWATER
1. What is the nearest City of Denton water line?
W
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Size of water line. 6
Location of water line. PAS& 9d.
Distance from proposed annexation. ~m.rw
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2. What is the nearest City of Denton sewer line? , ,
Size of sewer line. 2 MUrw 1 J.acly _
Location of sewer line. Sd"kwd'i Rd.
Distance from proposed annexation. r c Av~ .
3. According to the City of Denton master plan what type of lines and facilities would be
required for this area and when are those lines and facirnPg proposed for construction.
Size Year Location
Water lines NoK(,
Sewer lines IJoRC~
4. Are there any City of Denton lines included In the proposed annexation?
110 . - '
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted employee to population ratio that can bl~ used fc ilanning
purposes?
Additional Comments: , ,
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Person to contact If thefe are questions Date
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Preserve Service Info Request.doc
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SERVICE ANALYSIS
A•77
Solid Waste
1. Is residential solid waste service available tothe proposed area for annexation?
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Is commercial solid waste service available to the proposed area for annexation?
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3. What is the estimated cost to provlde this area with solid waste service?
Equipment and Maintenance. -90, '
Personnel. ¢ 74-600
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4. What Is the typical revenue collected per,
Household, 442, q°PSe /ieus4k/d
Commercial Business
5. Will additional equipment be needed to serve this area if annexed or developed?
Type of Equipment. Re-g Zoa h
Cost of Equipment. 910o 100,006 22
6. Will additional employees be needed to serve th!s area if annexed or developed?
Typo of Empluyees. / Drl y tr 2 M ioZ 'S
Number of Employees. 3
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7. Plaase comment on the cumulative Impact or annexation and development.
At what population level would additional equipment be required? W CA Ekeae, 5
//300 ~[/dLp.~/o%ls C✓t w~%inatoi a~lcli~io~ l t ip/ntti'T
Is there an accepted equipment to population ratio that cane us~for planning
purposes? /Yo in
_
'J, Is there an accepted employee to population ratio that can is used for plannIrig
' purposes? rti < !ao Auro-1e%ws OI F'aLtL
Additional Comments:
Pero cc tact tf ther re questions Dates e r
Preserve Service Into Request,doc
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SERVICE ANALYSIS
A•77
LIBRARY
7. If annexed, can anUcipated service demands be met using existing materials, facilities,
and personnel?
8. If not, how many additional employees and what type of facilities and materials will be
needed to provide services? we will know the answer to thaw frog h r a ltw of
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our Library Master Plan Study for 1998-2010 when it is completed. r
9. Estimated additional funding needed strictly based on proposed annexation and
development, 6924 ■a #8
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10. Please comment on the cumulative Impact of annexation and development.
At whatpopulaWn level would another librery facility be required? 71,450. we are
currently already below standard vbicb a .75 al. ft. per capita. f
Is there an accepted circulation to population ratio that can be used for planning
purposes? _ tee. 5.08 circulations ear capita
Is there an atcepted employee to population ratio that can be used for planning
purposes? Yes. Population Per M !sue 908 ooulatign per Kanter de~sreed
LtbrarLL3 Is Lap 031.
Additional Comments:
The most important service analysis messurezent is items per capita. The
state total to 4.45. The City of Denton is 1.96
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Person to asntect if Uiere ere questions Date ,
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Preserve Service Info Requestrdoo r
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ATTACHMENT 9
P~OPOSED ANNEXATION SCSOME .
A--77.
The Preserve at Pecan Creels
May 119, 1998 City Council receives a preliminary asseEsment, gives
direction to staff and considers approval of a schedule for •
public hearings regarding the proposed annexation.
o PfellmIneryAnnexafloh Assessment prepared,
May 21, 1998 Notice published In Denton Record-Chronicle for first public
hearing.
o Ann&xetlon Study prepared and evallable for public review.
o Service Plan prepared and available for public review.
June 2, 1998 City Council conducts first public hearing.
Public notice must be no lass than 10 days and no more
s than 20 days before public hearing.
June 6,1998 Notice published In Denton Record-Chronicle for second
public hearing.
June 16, 1998 City Council conducts second public hearing.
• Public notice must be no less than 10 days and no more
than 20 days before public hearing.
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June 24, 1G98 Planning and Zoning Commisslon holds a public hearing an
considers making a recommendation to the City Council
regarding the proposed annexation and the proposed
zoning.
• Public notice must be no less then 10 days before public
hearing/
July 21,1998 City Council by a four-fifths vote institutes annexation
proceedings. First reading of annexation ordinance.
• Action must be more than 20 days after the second
public hearing but less uian 40 days from the first public
hearing, r`e
July 26, 1998 Publication of annexation ordinance In Denton Record- i
Chronicle.
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Septembitr 1, 1998 City Council by a four-fifths vote takes final action. Second F
it reading and adoption of the annexation ordinance. City
Council considers approval of zoning request. r
• Council action must be more than 30 days after
publication of ordinance and less than 90 days after
council Institutes annexation proceedings.
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A-77 {Ct Council - July 21".1998)
Name: The Preserve at Pecan Creek, Annexation
Applicant: Westover Residential Co. and CAIAS, Inc., Flower Mound, TX
Location: The property is localod east if Swisher Road near its intersection
with Edwards Road In Denton's ETJ northeast of 1-35E.
Size: 15,088 acres
Action Requested:
Institute annexation proceedings by conducting first reading of the annexation
ordinance. A four-fifths affirmative vote Is required.
■ Consistency with 1958 Denton Development Plan:
Low Intensity Area. Proposed annexation will be combined with an existing
planned development district (PD-132) within the city limits to construct a mixed-
use, mixed-housing development. The proposed PD-132 is consistent with Low
Intensity area standards.
• Annexation Study:
1. The City will be able to furnish mrrnal city services equal to other
comparable areas Inside the city limits.
2. The reliability, capacity, and future public cost of current and planned
provisions for community facilities is comparable to other areas Inside the
city limits,
3. Current city regulations and proposed 'planned development" design
standards and will control the quality of land use and development.
4. The proposed annexation conforms to the City's master plans.
• P 3 Z Recommendation:
The Planning and Zoning Commission considered this item at Its June 241h, 19981
meeting and recommended approval
■ Next Step:
If approved upon first reading, the annexation ordinance will be publisned July
-A 28°1, 1998,
I Second reading of the annexation ordinance is scheduled for September 1",
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AGENDA INFORAIATION SHEET
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AGENDA DATE: July 2l, 1998
DEPARTMENT: City Manager's Office
CM: Ted Benavides, City Manageri
SUBJ
Receive Certification of Initiative Petition from City Secretary and give staff direction.
BACKGROUND
On May 8, 1998, Mickey George, as a member of a Committee of Petitioners, submitted to the City
Secretary, an initiative petition entitled "Standard Hours Area Petition". That petition was examined by
the City Secretary who determined that it did not fully comply with the City Charter and Chapter 277 of
the Texas Election Code. The Committee then submitted an amended petition to the City Secretary on
June 12, 1998. Jennifer Walters, City Secretary, has determined that the amended petition meets the
requirements as stated in the Denton City Charier and certifies that to the Council. The Charter details
steps that the Council must follow now that the petition has officially been certified to Council. A
schedule of those steps is attached for Council review,
EJSCAI, INWRAIATiON
Should the initiative ordinance be submitted to the voters, there are several options the Council might
consider in regards to that election. The first available uniform election date is November 3, 1998. As the
County will be holding an election on that date, a joint election might be considered, Voters would be
M able to have 'one-stop" voting on that day. Cost of that election would be prorated with the County. An
alternative to holding a joint cltclion would be to have a single polling place at City Hall. While voters
• would hav: to go to two polling places on that day, one for County ~,otirg and one for City voting, one ;
City location would be less confusing for the voter. This would also be a less costly option as the cost per
polling location is approximately $2,800,00.
Respectfully submitted: f
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July 21 Initiative ordinance sent to voters if.
Petition certified by City Secretary r Council does trot pass initiative ordinance
• provisions made for the reading of the • Council passes ordinance in a different form
ordinance and the holding or a public hearing
• Next available meeting -August 4
• Final action must be taken within 60 days of
certification (September 21st)
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If sent to voters: Options for November Yd election
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Next uniform etcction date-November 3rd • Joint election with County
• Stust notify Justice Department 60 days prior • Single Polling Place at City Hall
(October 3b)
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AGENDA INFORMATION SHEET 4J!-nda No
hgondj Item
AGENDA DATE: July 21,1998 Dafe_ 1 =
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DEPARTMENT: City Manager's Office
CM/DCM/ACM: Rick Svehla, Deputy City Manager
SUBJECT -
A Resolution urging the 76x Texas Legislature to increase appropriations for roadway maintenance
and improvements: and proving an effective date.
BACKGROUND-
In the last several months Council has been briefed at work sessions or received other information
indicating the status of the new federal highway funding bill. As most of you know that federal
funding increases Texas' share of federal funding and also earmarks the special projects for the
southwestern United States. Also, locally the North Texas Council of Governments (NTCOO) and '
the Regional Transportation Committee continues to work on ways to leverage and extend our
funding capabilities, The attached resolution urges the 76'^ Texas Legislature to increase
appropriations for maintenance and improvements. The reason for this urging is to help match the
federal funds and to help us leverage regional funds to improve our roadways in the state, in the
region and most importantly in Denton.
This resolution urges the legislature to look at increasing motor vehicle fuel tax collection
eflici'_ncics, indexing me!- r vehicle fuel taxes to track inflation and dedicating all the funds in the
I ligh,vay Fund 11o. 006 to TXDOT exclusivuy. It also suggests imposing a surcharge on newcomer
-,chicle registration and adjusting fees and tares on commercial vehicles to reflect the cost they
impose on the ma ntcnance requirements on our roads and bridges. Finally, it talks about even
re-,iewing and consid•ring increasing the standard motor vehicle registration fee and motor vehicle
fuel taxes,
MMATED SCHEDULE OF PROJECT-
The legislature wit_' begin later this year and federal appropriations should als) begin to be
appropriated later on this year. Therefore, timing of the passage of this resolution is important so that
legislators can begin to consider ways that they might implement the suggestion in this resolution.
" FISCAL INFORMATION-
The one area where this might have effects on the city would be if more projects were included in
i xD01's highway programs. Typically there is a 10% match for right-of-way on most projects.
I lc%%cver, the actual efT. ct would not be able to be asrertaiaed at this point. We would only know
this as TxDOT schedules more projects.
Respectfully submitted:
, /JJ
Rick Sveh a t >
Deputy City Manager
1
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RESOLUI ION NO.
A RESOLUTION URGING THE 70111 'TEXAS LLGISLATURE 1'0 INCREASE APPRO-
PRIA1lONS FOR ROADWAY SIAINTENANC'F. AND IMPROVEMENTS; AND PROVID-
IN(i AN EF'FEC'T WE DATFi..
W11FREAS, roadway maintenance and improvement is a core function of goventmcnt;
and
WHEREAS, a functional surface transportation system is critical to the quality of life and
economic vitality of"iexas; and
1111FREAS, currcn1-lcvcl approprUions enable the Texas Department of Transportation '
(I xl)01') to meet only about one-third of the maintenance, rehabilitation, and expansion needs
of Tcxas' roadways; and
W11FRFAS, 'Texas ranks 47`r' nationally in per capita highway spending and I" in the
number of substandard bridges: and
W11P:REAS, soventy eight percent of Tcxas rx adwuys are in need of repair or modemi-
iation; and
11'IIERi7.AS, the rcl0live shore o" the stale budget devoted to surface Iransporlatiun has
inerencntully declired from approximalcly t19h in 1960 to approximalcly 814 in 1997; and
11 H RFAS, Tcxas should be increasing its Icxri of inreslmcnl in roads and bridges be-
cruse tins infrastructure is deteriorating froin age and from increasingly hcaxy truck traffic and
blCOLISe of gre:dcr demand from vehicle miles Ira,Tlc'd growing faster than population; NOW,
,Ilf:Rll{)kE,
,
I Ilk. COUNCII, OF 1111: Cl fl' OF DP.NTON IILRE111' RESOLVES:
i
ULj 1QS L Him the 76" Tcxas Legislature be and hereby is urged to increase the an-
nual appropriation to 'I \DOI' for road Lind bridge maintenance, rehabililalion, and expansion by
$1 S hillion, approxlnr:ncly SSOO million oflshich is esfinnued to be available from the new fed- r
j clap srufucc lr,msl,ottulinir progr,nn I
1 I I UN A 11101 fl;. 7r Tcr,rs I egislature be and hereby is urged to carefully exam.
inc all options for Providing the needed additional transportation funding, including increased
. motor xchicle `ref lux Collection clYiCMICIcs, indexing Ilre motor xehicle NO lax to track inlla-
lion, dedivilling to fxDOT all user fee react ucs dcpoxit 0d to Slide highway Fund No. 006, im-
~1=.r posing a surcliarg: in ncwconicrs through first time registration of a motor vehicle in Texas,
h~Wff adjUS1ing fees Lind taxes on Heavy commercial vehicles to reflect more accurately the cost they I
impose on maintaining roads and bridges, and if necessary increasing the motor vchicie registra-
tion fcc and'or fuel tax.
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SECTION IIL That the City Manager is directed to transmit a copy of this resolution to '
the offices of the Governor, Lieutenant Governor, Speaker of the [louse of Representatives, the
C'hainnan of Ilu Texas Transportation Commission, and chairs of the following legislative com-
mittecs: Senate Commillce on Finance, Senate Committee on Slate Affairs, House Committee
on Appropi iations, House Committee on Transportation, House Committee on Ways and Means,
and Ilouse Select Committee on Rcvcnuc aid Public Education Funding, and to Congressman
William Thornberry, Congressman Dick Army, Senator Jane Nelson, Senator David Sibley,
' Representative Mary Denny, Representativc Jim Horn, and Representativc Burt Solornons.
SECTION IlL Thal this resolution shall become t.Tective immediately upon its passage
and approval. f~
PASSED AND APPROVED ILis the - day or___~J` 1996.
JACK MILLER, MAYOR
~
ATTFST:
JLNNIFER WALTERS. CIIY SLCRETARY
APPROVII) AS 10 LFOAL FORM: I i
I IFRBLRI L. PROUI Y, CIi Y' ATTORNEY
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Agenda No,_
Agenda It AF
Pata
AGENDA INFORMATION SHEET
AGENDA DATE: July 2l, 1998
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DEPARTMENT; Utilities Administration
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ACM: I loward Marlin, 349.8232
Sl RAC'T
AN ORDINANCE OF T1 1E C'II Y OF DENTON AUTHORIZING THE' CITY MANAGER TO
LXFCUII; A PROFESSIONAL. SF.RVICF,S CONTRACT WIIII ADS ENVIRONMENTAL
Sl?RVICF INC. FOR ENGINFF.RING SFRVIC'I;S FOR THE WATER/AlASTI:WA'FF.R f
1:N(i1NEaiRING 1998 SMOKE. 'IEiSIING PROGRAM; AUTHORIZING THE'
1:XPFNDI I URE OF FUNDS TIIFREFORF.; AND PROVIDING AN EFFECTIVE DATE,
JiSINGROUNU
the Utilitics Department stafl'recommends approsal of the above referenced contract with ADS
Ilm ironmental Services, Inc, (ADS) for an amount not to exceed S 164,855.00. F
Ibis is the fourth contract that the City of Denton has entered into with ADS fo: smoke testing.
This contract sill complete smoke testing in the Pecan Creek Basin. Only the Ilickory Creek
basin remains. It is scheduled to be smoke tested in FY 20110.
I he smoke testing pcrformed by ADS sill identify those sections or the collection system Nfiich
have structural defects and experience inflow infiltration during periods of rainfall, ADS Hill
conduct smoke testing in linsin 1113, PC, 1113, I'll, 110, and Ill, tshich consist of approximately
300.000 linear feet o1' se"crline and 8150 manholes. Fyhibit I highlights the sub-basins to be
smoked tested the cost schedule is attached as Exhibit 11.
the Engineering Division ha: determined that there !so significant amount of Inflow/Infiltration
in the system. The purpose of the snvAe testing program is to:
• Determine location and scNerity of defects contributing infloA and
inliltration in sanitary sewer collection system.
• Dcvclop a ranking of all defects to establish an cffectise rehabilitalion
Pi;ttt.
~ • I'roride all basin in£urmalion that car he used in our sewer system R ~
q► collection model and in 61S.
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FISCAL INFORMATION
The Capital Improvement Alan includes $1.00,000 for Ill studies (see Exhibit 111). The cost of the
project is $164,855, which is $35,145 under budget.
ati]dC
See :,•xhibit 1
Rcspeclfully submitted:
fill Irda.~. I ,r~
Director Water Utilities
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i Exhibit: I . Location Map
H. Ordinance
III. i'rxda~io; al Scr~ices Agreement lift E:nginccring Scrvlces
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Exhibit I: Location kb
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I.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ADS
ENVIRONMENTAL SERVICES, INC. FOR ENGINEERING SERVICES FOR THE
WATERNJASTEWATER ENGINEERING 1998 SMOKE TESTING PROGRAM;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Managei is authorized to execute a professional
services agreement between the City of Den!on and ADS Environmental Services, Inc.
relating to Engineering services for the Water/Wastewater Engineering 1998 Smoke
Testing Program respect'-g the PH and PI Basins, substantially in accordance with the
terms and conditions contained ;n 9,e professional services agreemew. which is attached
hereto and made a part hereof nor all purposes,
SECTION 11. That the City Council hereby authorizes the expenditure of funds in
the manner and amount as specified in the professional services agreement.
SECTION ill. That this ordinance shall become effective immediately upon its
passage and approval,
PASSED AND APPROVED this the day of , 1998.
"J
JACK MILLER, MAYOR
' j
ATTEST;
JENNIFER WALTERS, CITY SECRETARY {
BY:_
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
• BY'-- - R •
S O~ q,unwnu Udmme uY nna lea I • .p. ^ i
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EXHIBIT 11
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PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING SERVICES
1
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT is made and entered into as of the day of
_ , 1998, 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,
(hereinafter referred to as "CITY") and ADS Environmental Services, Inc. a corporation, with its
office in Dallas, Texas; hereinafter called the ("CONSULTANT'); acting herein, by and through
their duly authorized representatives,
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 1
EMPLOYMENT OF CONSULTANT
The CITY hereby contracts with 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 accordance with the highest professional
standards customarily obtained for such services in the State of Texas. The professional sera: es
rug out herein are in connection with the following described project: CITY OF DENTON
WATER/WASTEWATER ENGINEERING, 1998 SMOKE TESTts'G PROGRAM (PS, PC,
PD, PE, PG, & Pi SUB-BASINS) hereinafter the "Project
6RTICLE it
SCOPE OF SERVICES
The CONSULTANT shall perform the following basic engineering services in a
professional manner;
Smoke testing scn'ices for sub-basins PB, PC, PD, PC, PG, & PI as set forth in
Attachment "A", attached hereto, and incorporated as if written word for word herein,
ARTICLE
• AbDIT ONAh RV ICES i O •
Additional Services to be performed by the CONSULTANT, if authorized by the CITY,
which are not included in the above described basic services, are described as follows, 4
A• Special services as outlined in Attachment "A",
5 EXHIBIT III
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B. Appearing befor: 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
CITY.
t
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the CITY e.4 the j
CONSULTANT of this Agreement, and upon issuance of a notice to proceed by the CITY, and
shall r:main in force for the period which may reasonably be required for the completion of the 1
Project, including Additional Services, if any, and any required extensions approved by the
CITY. 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 i
to complete the services set forth herein as expeditiously as possible and to meet the schedule
established by the CITY, acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in
employment of oth:, Putside firms for services in the nature ,f foundation borings, testing,
surveying, and similar 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 expense in connection with
that assignment.
1
B. BILLING AND PAYMENT.
• For and in consideration of the professional services to be performed by the CONSULTANT
herein, the CITY agrees to pay based on the Schedule of Charges at the rates show in
Attachments 8, B. 1, B.2, 13.1, and B,4, which are attached lecreto and made a part of this
Agreement as if writter word for word herein, a total fee including reimbursement for direct non-
labor expense, not to r xcecd $164,855.00.
• Partial payments to the CONSULTANT will be made on the basis of detailed monthly O •
slawncnts rendered to and approved by the CITY through its City Managcr or his designees;
however, under no circumstances shall any monthly statement for services exceed the value of j
the work percbmicd at the tine a statement is rendered. The CITY may withhold the final S% of
the contract amount until completion of the Project.
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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 saall 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, aymcnts by the
CITY for any charge, expense or reimbursement above the maximum not to exceed fee as stated
without first having obtained written authorization from the CITY, The CONSULTANT shall
not proceed to perform the services listed in Article Ill, Additional Services, without obtaining
prior written authorization from the CITY.
C. ADDITIONAL SERVICES
For additional services authorized in writing by the CITY in Article III, the CONSULTANT
shall be paid based on the Schedule of Charges at an hourly rate shown in Attachment B.I.
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. a
D. PAYMENT
If the CITY 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 (1%) per month from the
said sixtieth (601"). Provided, however, nothing herein shall require the CITY to pay the late
charge of one percent (10/0) set forth herein if the CITY reasonably determines that the work is
unsatisfactory, in accordance with this Article V, Compensation.
ARTICLE VI
1 OBSERVATION AND REVIEW OF THE WORK
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The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the C1 rY any defects or deficiencies in the work of the CONSULTANT or
any subcontractors or subconsultants.
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AHJICLE VII
OWNERSHIP OF DOCUMENTS
i '
All documents prepared or fumishcd by the CONSL'LiANT (and CONSULTANT'S p
subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall
become the property of the CITY up;,n the termination of this Agreement. The CONSULTANT
Is entitled to retain copies of all such documents. The docamenl.a prepared and furnished by the
CONSULTANT 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
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information or materials developed pursuant to this Agreement, CONSULTANT is released from
any and all liability relating to their use in that project, ,
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to CITY as an independent contractor, not as an
employee of the CITY. CONSULTANT shall not have or claim any right arising from employee
status,
ARTICLE IX
INDEMNIVY AGREEMENT
The CONSULTANT shall ind ninify and save and hold harmless the CITY 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 coats and reasonable attorney fees
incurred by the CITY, and including without limitation damages for bodily and 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, f
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, 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:
ARTICLE X
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 stale
of Texas by the State Insurance Commission or any successor agency, that has a rating with Rest
Rate Carriers of at least an "A•" or above.
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
5500,000 for each occurrence and not less than 5500,00 in the aggregate, and with property
damage limits of not less than 5100,000 for each occurrence and not less than $100, 000 in
the aggregate.
R. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each 0 •
person and not less than $500,000 for each accident and with property damage limits for not
less than 5100,000 for each accident,
C Y'orker's Compensation Insurance in accordance with statutory requirements and Employers'
Liability Insurance with limits of not less than $100,000 for each accident.
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D. Professional Liability Insurance with limits of not less than S 1,000,000 annual aggregate.
E. The CONSULTANT shall furnish insurance certificates or insurance policies at the
CITY'S request to evX. . •rch coverages. The insurance policies shall name the CITY as
an additional insured on all L. ' molicies where possible, and shall contain a provision that
such insurance shall not be cam . _ or modified without 30 days prior written notice to
CITY and CONSULTANT. In such event, the CONSULTANT shalt, prior to the effective
date of the change or cancellation, serve substitute policies furnishing the same coverage to
CITY.
ARTICLE XI
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 agreemrnt involving
one party's disagreement may include the other party to the disagreement without the other's
approval.
I
ARTICLE XII
TERMINATION OF ACREFNIENT
A Notwithstanding any other provision of this Agreement, either party may terminate by giving
thirty (30) days advance written notice to the other party.
B. This Agrecr,,ent 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
nonperformance, and not less than 30 calendar days to cure the failure, and (2) an opportunity
for consultation with the terminating party r, for 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 CITY within 30 days after the date of termination. The CITY 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 CITY subsequently contract with a new
I CONSULTANT for the continuation of services on the Project, CONSULTANT shall turn
over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to
• the CITY on or before the date of termination but may maintain copies of such documents for 0 •
its use.
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ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES ,
Approval by the CITY shall not constitute nor be deemed a release o: 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 CITY for any defect in the
design other work prepared by the CONSULTANT, its employees, subcontractors, agents and
consultants.
ARTICLE XIV
NO'TICE'S
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 at the address shown below, certified mail, return receipt requested unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three days mailing:
To CONSULTANT: To CITY: d
ADS Environmental Services, Inc. City of Denton
Attention: Garry Wood Attention: G-:raid P. Cosgrove, P.E.
10715 Plano Road, Suite 200 901 •A Texas Street
Dallas, Texas 73238.3332 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to %hom such notice is
given or within three days mailing
ARTICLE XV
ENTIRE ACREEMENT
This Agreement consisting of ne age and seven (7) Attachments (Attachments
j A, B, 8.1, R2, B.3, DA and C) consisting of -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 supe,sedes all prior contemporaneous offers, promises,
representations, negotiations, discussions, communications and agreements which may have been
made in connection with the subject matter hereof.
ARTjiLEX}1
SEVEB.ABILITY Q
If any provision of this Agreemen+ 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 shall not cause the remainder to be invalid or unenforceable. In such event, the
party 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,
10
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ARTICI.T. XVII
CONIPL!4NCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations,
and ordinances applicable to the work covered hereunder as they may now read or hereafter be
amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall riot discriminate
against any person on the basis of race, colnr, religion, sex, rt t6onal origin or ancestry, age, or
physical handicap.
ARTICLE XiX
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 of Denton, Texas.
CONSULTANT shall promptly inform the CITY 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.
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, novation or otherwise) without the prior
written consent of the CITY.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agrees tent or of any co• enant, condition, limitation
herein contained shall b. • alid 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 evidence p
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
q rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing, duly ex uted; and, the parties further agree that the provisions of this section will not be
waived unless as herein set forth.
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ARTICLE XXII
MISCELLANEOL' ,
A. The fallowing Attachments are at cached to and made a part of thts Agreement,
Attachment "A" Scope of Work (Incl. Exhibit 1)
Attachment "B" Cost Schedule
Atcarhment "B. I" Schedule For Hourly Rates For Engineering Fees
Attaclunent "B.2" Project Administrative/Presentations - Cost Breakdowns
Attachment "8.3" Solace Defect Analysis - Cost Breakdowns
Attachment "BA" Final Report - Cost Breakdowns
Attachment "C" City's Responsibilities
B. CONSULTANT agrees that CITY 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 CITY shall have access during normal
working'iours to all necessary CONSULTANT facilities a,td shall be provided adequate and
appropriate working space in order to conduct audits in compliance with this section. CITY
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 I
County, Texas. This Agreement shall be governed by and construed in accordance with the
laws of the State of TOK35.
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D. For the purpose of this Agreement, the key persons who will perform most of this work
hereunder shall be Ricardo Galceran, P.E., Scott Murray, P.E. 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 projects with all
applicable dispatch, in a sound, economical, 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
A being carried on by the C11 Y,
F. The CITY shall assist the CONSULTANT by placing at the CONSULTANT'S disposal all
available information pertinent to the project, including previous reports, and other date
relative to the project and arranging for the access to, 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. p
G. The CITY shall fumish, as required by the work, and not at the expense of CONSULTANT,
the items specifically set out in Attachment "C", "City's Responsibilities", which is attached
hereto, and incomoratcd as if written word for word herein,
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H. The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions cf 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 partners on this the day of
1498.
"CITY
CITY OF DENTON, TEXAS
f
By--
Ted B<navides, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY i
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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• ONb ERVICES, INC.
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ATTACHMENT A
SCOPE OF WORK
CITY OF DENTON - BASINS PB, PC, PD, PE, PG, and PI
A. Mobilization and Project Administration
Upon receipt of a Notice to Proceed, ADS will schedule field personnel, mobilize the
project team and attend a formal project kick-off meeting with the CITY. This meeting
will establish the lines of communication and provide input regarding historical
information as it relates to the current project scope. Preliminary information to be
obtained may include, but not be limited to, reports of previous studies, collection
system maps, historical water usage, and treatment plant records. Previous repor'a will
be reviewed to provide a better understanding of historical conditions in the wastewater
collection system.
Project review meetings will be scheduled periodically during the course of the project.
Project tasks completed to date as well as proposed schedules for future tasks will be
discussed. General questions and concerns for future work tasks will also be
addressed
The ADS held staff will have weekly meetings. A total of two presentations to City staff
and the PUB or City Council will be given by ADS.
B. Above Ground Reconnaissance and Map Update
This data will supply background base data to be used during the collection system
analysis. Field crews will perform above ground visual inspections of each manhole
and access structure in the study area. Distances between manholes will be field
measured, when possible, and compared to the maps. The manholes will be inspected
with the use of a strong artificial light or reflected sunlight. The CITY will provide
reasonable assistance where required
* The following data to be recorded will include, but not be limited to:
•
Length between manholes
Identification of each manhole
Identification of covered or unlocated manholes
identification of visible sources of extraneous flow
Notation of unusual conditions that may require immediate attention
• Confirmation of flow direction p •
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Where discrepancies are encountered between the field and existing maps, the field
blue line maps will be updated to reflect the system geometry. Any lines observed in
the field, but not shown on the map will be traced and presented on the Cn's map
drawings. The result of the above ground inspection will be an updated inventory of ,
that portion of the collection system inspected, documentation of observed defects and
blue line map update.
C. Internal Manhole Inspections
This data will supply background base data to be used during the collection system
analysis. Internal inspections of 100% of all manholes, approximately 800, will to
conducted.
PIPECAMTM will be utilized to provide televised inspection of the access structures. In
the event that televised inspection is not possible, the access structure will be entered
and inspected. Should a confined space entry be necessary, industry standard OSHA,
NIOSH, OSDA and NASSCO confined space entry policies and practices will be
followed to ensure safe entry and egress of all access structures, In the event of
conflicting requirements, OSHA standards will prevail. Violations of these procedures
will subject ADS to a first time warning by the CITY and possible termination of the
contract for any violations thereafter.
All manhole components (i.e., cover, frame, frame seal, chimney, corbel, wall, etc ) will
be inspected and recorded on standard field inspection forms. Pipe diameter
measurements will be rounded to the nearest industry standard pipe diameter (i.e., a
measurement of 7.75" will be recorded as 8.0"). The rim-to-invert measurements, in
tenths of feet, and general orientation for all connecting lines will be recorded.
Photographic images will be captured of the general surroundings of each manhole and
selected defects.
The following data will be recorded on computer forms for each manhole inspected:
Manhole identification (maintenance numbers)
• Construction materials and conditions of covers, rings, walls, aprons, etc.
Manhole depth and opening size
Number and size of holes in manhole cover
e Identification of infiltration sources
• Evidence of leaks and location
• Level of high water mark in the manhole j
Type and depth of debris
• Special problems and conditions, such as inflow, overflows, bypasses,
manholes located in natural ponding areas, etc.
Size, type and depth of pipe I
t . Evidence of root intrusion
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Condition of pipe connect;on at manhole (i,e., dropped joints, cracks or other
obvious defects)
Dishes (pans) installed
Adjustable metal grade rings
Visual inspections will be conducted on all incoming and outgoing pipes of the
manholes inspected. This inspection will also include private service laterals that enter
into the access structure. Photographic images will be captured of line segments from
inside the access structure, showing cracked pipe; offset joints greater than 1"; partially
or fully collapsed pipe; or obstructions such as roots, debris, or grease. Data will be
recorded on standard ADS field inspection forms.
A minimum of 20 minutes will be spent in locating manholes in order for the inspections
to be counted for payment. A list of "could-not-locate" or "inaccessible" access
structures will be submitted to the CITY. Once the CITY has located and provided
access to these structures, ADS will complete all necessary inspections at no additional
cost prior to the completion of field activities. For structures located and access
provided after completion of field services, a remobilization charge will be assessed. All
new access structures located will be properly identified on sewer maps and provided to
the CITY,
During all phases of this project traffic control procedures will be used as required for
public safety Traffic disruption will be kept to a minimum.
0. Smoke Testing
This portion of the field investigation will identify those sections of the collection system
,vhich have structural defects and experience inflow during periods of rainfall. ADS will
conduct smoke testing in the study area which consists of approximately 300,000 linear
feet (I f )
Testing will be accomplished by a two-person crew using a single 4,000 cfm blower
and consecutive three-minute non-toxic smoke bombs. Smoke testing will be limited to
not more than four (4) line segments or 600 linear feel, whichever is less, per setup
except where access dictates different setup procedures. ADS standard field forms will
be utilized to record all defect data A minimum of two (2) measurements to permanent
stationary objects will be recorded and sketched for each 111 defect on private property.
For mainline defects, measurements will be made from the upstream manhole to the
defect Digital photographs will be captured of each Ill defect. All smoke problems will
be quantified by giving consideration to the surrounding area contributing to the
problem, and the size and density of smoke encountered.
ADS will keep the CITY informed during all smoke testing procedures and will notify the
residents by distobuling door hangers between 24 and 72 hours prior to commencing
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the smoke testing activities in each area. P Jditionally, ADS will notify by fax, the local
fire department and CITY staff each day prior to commencing the tests. ADS/CITY will
jointly respond to all telephone calls by building owners or occupants during all active
phases of smoke testing. ADSOTY will jointly document all follow-up meetings with
property owners or occupants who reported entrance of smoke into their property.
Any missing clean-out caps will be replaced during the smoke testing activity. Clean-
out caps will be provided by the CITY prior to initiating smoke testing activities.
Location of missing and replaced clean-out caps will be documented on the field forms.
E. Source Defect Analysis
Each defect identified during the field testing will be quantified by taking into
consideration the type of defect and tributary area. All defects observed and recorded
during the field work phase of the project will be accumulated and entered into the
PIPE'v (Physical Inventory Point-source Evaluation) Software. Each defect will then be
prioritized based on its repair cost and the potential quantity of IA removed.
All defects and physical data collected during the field inspection phase will be
inventoried, analyzed, and prioritized. Various output reports include a summary of all
field activities, priority ranking, cost-efficient priority ranking, and recommended
improvement methods and costs. The analysis involves the following activities:
1 Recording the magnitude (severity) of each defect identified
2. Developing an estimated cost to rehabilitate each defect
3. Comparing the magnitude of the defect vs the cost of rehabilitation
A rel 3bilitation method and estimated cost of repair for each defect will be identified.
Each defect will receive either a potential Ill estimate of the magnitude of the defect or it
will be identified as a structural defect which may not contribute IA but will affect the
integrity of the system. The final report will prioritize the IA related defects and
structural defects in order to develop an effective rehabilitation plan.
F. Engineering Analysis/Final Report
• Following the completion of all field and eng'neering activities, three (3) copies of a draft
report will be presented This report will present a summary of all field and office
activities, results of analyses, and recommendations. A priority ranking of each defect
will be presented along with the recommended method of rehabilitation and estimated
rehabilitation cost. Each defect will be quantified and a flow balance undertaken All
supporting data including manhole inspection and smoke testing records will be
• presented. Rehabilitation summary sheets describing, by priority, the location and O f
description of each category of rehabilitation work will be referenced back to the field
documentation.
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Written comments will he incorporated in the Final Report and twenty (20) copies
delivered. Three (3) copies of the supporting appendices will also be delivered.
•
Final report deliverables will include:
• Collection systen Inventory
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• Updated field maps of the collection system
• Cost-efficient defect priority ranking
• Prioritized intiftratfonfinflow reduction plan and estimated cost
• Project database
• Supporting field documentation I . .
• Recommendations and conclusions
G. Additional Special Services
Recommendations for any diagnostic testing of the collection system will be provided.
These may include T.V. inspection, flow isolation, dye testing, etc.
In locations where defects are located on private laterals, a defect notification letter and
a map approved by the CITY will be forwarded to the residems notifying them of the
defect and instructing them to remedy the fault. These letters will be mailed certified
mail / return receipt requested. One copy of the letter and map will be sent to the CITY
and one copy retained for ADS files. No letters will be sent without CITY authorization.
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ATTACHMENT B
COST SCHEDULE
CITY OF DENTON - BASINS PS, PC, PD, PE, PG, and PI
Description Quantity Unit Cost Total
Mobilization, Project, Administration, L.S. L.S. $7,155.00
Presentations Attachment 8.2
Basic Services - Field Inspection
Above Ground Recon/Map Update 300.00011. $0.04A.f. $12,000.00
Manhole Inspection 800 each 5551each $44,000,00
Smoke Testing 300,000 I.f. $0.25A.f. $75,000.00 I'
Basic Services - Engineering
Analysis and Reports
Source Defect Analysis
(Attachment 8.3) 300,000 1, f. L.S. $15,000,00 e
Final Report Attachment 8.4) L.S. L.S. $11,700.00
Total $184,888.00 a
Additional Special Services
Night Flow Isolation $225/each %
Dye Water Flooding 5225/each
CleanlTV Inspection $2.35111.
Dye Testing with IV Ins-.. ;lion 5180/each j
Defect Notification Letter 565/each
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ATTACHMENT 8.4
SCHEDULE FOR HOURLY RATES FOR ENGINEERING FEES'
CITY OF DENTON - BASINS PB, PC, PD, PE, PG, and PI
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Employee Category Hourly Rate
Supervising Professional ;97.01 per hour
Senior Professionat
$82.76 Pe; hour
` Project Manager $66.21 per hour
f Data MatysffTechnician 55417 per hour r F'1
Clerical $34.61 per hour f
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The individual hourly rates include salary, overhead
rly ry, ead and profit
NOTE; 1. Other direct charges, including outside services, will be charged at
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actual cost plus 10%.
2. Hourly rates are based on a muhiplier of 3.13 (benefits at .38, ;
operating ovE,; ead at 2.75)
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ATTACHMENT B.2
PROJECT ADMINISTRATION/PRESENTATIONS
COST BREAKDOWNS
CITY OF DENTON - BASINS PB, PC, PD, PE, PG, and Pi "
1. SALARY COSTS
EMPLOYEE CATEGORY HOURLY RATE TOTAL HOURS TOTAL COST f
Supervising Professional $97.81 19 51,858.39 "
Senior Professional $82.76 33 $2,731.08
Project Manager $66.21 41 $2,714.61 I ,
Technical $54.17 15 $812.55 tF
Clerical $34.61 14 $484,54 r
Sub-Totat $8,601,17
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Note: Hcurty rates are based on a multiplier of 3.13 (benefits at,38, operating
overhead at 2.75)
II. OTHER DIRECT CHARGES <
CATEGORY EXPENSE MARKUP -TOT NLCOST
Printing $225.00 1,1 $247.50
Other Miscellaneous $195.00 1.1 $214.50
Sub-Total
$482.00
Total $9,063.17
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ATTACHMENT 8.3
SOURCE DEFECT ANALYSIS
COST BREAKDOWNS
CITY OF DENTON • BASINS PS, PC, PD, PE, PG, and PI `
1. SALARY COSTS
EMPLOYEE CATEGORY HOURLY RATE TOTAL HOURS TOTAL COST
Senior Professional $82.76 e-, $3,475,92
Technical $54.17 210 $11,375.70 f
Clerical $34.61 65 $2,249.65
Sub-Total $17,101.27 r
Note: Hourly rates are based on a multiplier of 3.13 (benefits at 38, operating
overhead at 2.75)
II. OTHER DIRECT CHARGES
CATEGORY EXPENSE MARKUP TOTAL COST
Printing $700.00 101 $770.00
Other Miscellaneous 3640.00 1.1 $704.00
Sub-Total $1,474.00
Total $18,575.27
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ATTACHMENT 8.4
FINAL REPORT
COST BREAKDOWNS I
CITY OF DENTON • BASINS PB, PC, PD, PF., PO, and PI
1. SALARY COSTS
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EMPLOYEE CATEGORY HOUR',V' RATE TOTAL HOURS TOTAL COST
Supervisir, Professional $97.81 21 $2,054.01
Senior Professional $82.78 34 $2,813.84
s Data Analyst $54.17 28 $1,518.78
Technical $54.17 84 $4,550.28
Cierical $34.81 44 $1,662.84
Sub-Total $12,487,73
Note: Hourly rale9 are based on a multiplier of 3.13 (benefits at .38, operating
overhead at 2.75)
it. OTHER DIRECT CHARGER
CATEGORY EXPENSE MARKUP TOTAL COST i
Printing S1505.00 1.1 $1,855.50
Other Miscellaneous $850.00 11,1 $715.00
Sub-Total $2,370.50
Total $14,858.23
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ATTACHMENT C
CITY'S RESPONSIBILITIES
CITY OF DENTON • BASINS P8, PC, PD, PE, PG, and PI I
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The CITY will furnish: as required by the work and not at the expense of ADS the
following items;
1. All maps, drawings, reports, records, audits, t,nnual reports, and other date last
are available in the files of the CITY and whicn may be useful In the work
involved under this contract. a
2. Access to public and private property when required In performance of the
services to be rendered by ADS. -
3. The services of at least one of the CITY's employees or staff (if needed) who has
the right of entry to, and who has kno,Aedge of, the existing sanitary sewer
system and force mains, wastewater pump station.;, and wastewater trostmeni
facilities.
4. Hall, meeting room, or auditorium space for public hearings and/or presentations,
and the audio equipment and projection equipment required (of swh hearings or
presentations.
5. Any clean-out caps to be Installed during the field Inspection will be previdad
prior to the oommenoement of the field inspection
6. Water needed for cleaning lines pdo• to Internal T.V. dispection (if required.)
7. Facilities for dumping materials removed from the collection system during field
inspection services (d required.)
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S. Assistance in only removal efforts of camerer, lodged in pipes during field
inspection services (if required.)
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Agenda No._
Agenda 1tem---iZ
AGENDA INFORMATION SHEET Cate r
AGENDA DATE: July 21,1998
DEPARTMENT: Engineerirg & Transportation
CM/DCM/ACM: Rick Svehis, Deputy City Manager
SUBJECT
Consider an ordinance approving a real estate contract between the City of Denton and Saint
Andrew Church of God in Christ, relating to the purchase of 0.187 acre of land for constructing
i drainage improvements in the PEC-4 tributary of Pecan Creek; authorizing the expenditure of rr
funds therefore; and providing an effective date.
1 BACKGROUND S
The City of Denton bAs reached an agreement with Saint Andrew Church of God in Christ to
purchase this tract and adjacent drainage easements in conjunction with the pending PEC-4
Tributary Drainage Improvement Project. This tract is needed for widening and improvements
to the existing channel and as access for channel maintenance.
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PRIOR ACTION/REVIEW (Council Boards Commissions
F
The Planning & Zoning Commission recommends approval.
FISCAL INFORMATION
The purchase price is $4,073.00 for the 0.187 acre tract, $154.0 for the 0.007 acre drainage
easement, and $1,133 for the 0.052 acre drainage easement. The total amount for all the
necessary land and casements is $5,360.00.
LIAP Attached.
{ q Respectfully submitted:
Je r a k, Dit or
Prepared by: En "c ng & T sportation
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PLul Right-or-Way Williamson
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MINUTES
PLANNING AND ZONING COMMISSION
May 27,1696
The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday,
May 27, 1996, at 5:30 p.m. In the City Council Chambers at City Hall, 215 E. McKinney, Denton, Texas.
Members Present: Swim Apple, Bob Power, Rudy Moreno, Caret Ann Ganzer, and Jim Engsbrocht
Members Absent: Elizabeth Gourdis and Ellen Hoover-Schanz
Staff Present: Eddie Martin, Assistant City Attorney pa old Hit, Director of Planning and Development;
Mark Dcnatdson, Assistant Director of Planning; Donna Batemsn, Senior Planning
Technbien; Jon Fortune, Director of ManiNsmenl and Budget, Wayne Reed, Planner I;
David Salmon, Engineering Administrator
The meeting was celled to order at 5,30 p.m.
Mr. Fvgelbrechr joked rte meefkg in progress
Closed Maating:
1. Deliberations aonesmlng real property -under TE%. OOV'T CODE See, 601.071
0. Discuss acquisition of a 0.106-sere tract located at 000 Skinner to accommodate drsinaga system
Improvements.
b. Discuss acquisition of a 0.167-acre tract, Lot 6, Block 4, Alex Robertson Addition, to occommodaN
dralnaga system Improvements.
I
0, Discuss acquiskion of a 0.119-acre tract, Lot 7, Birk 3, Alex Robertson Addition, to accommodaa
drainage system Improvements.
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Commissioner Powell: Good evening, ladles and gentlemen. It's a l file post 5:30 p m, We're going to start the
official Planning and Zoning Commission meeting for May 27, 1998, For the record, tonight we have with us
Carol Ann Goriest, Rudy Moreno, Bob Powell . and Susan Apple. We only have four out of our seven. We are
expecting s filth. Exit four Is a quorum and we Ors conduct business We're 90g to hold a public hearing sod I
make a recommendation to the City=whoa. I'm tarry. Ercuse me. You shouldn't have had that right here when I
can read h. We're going to move Into a closed session. Wire going to detiberste concerning real property under
Texas Government Code Section 551.072, We're going to discuss aequisltion d a 0.158-sue tract located at
600 Skinner to accommodate drainage system lnprovemente. We're going to dnouss oequIshlon of a 0.167-wo
tract, lot e. Block 4, Alex Robertson Addition, to accommodate drainage system Improvements. We're going to
discuss acquisition of o 0.149-sae trod, Lot 7, Block 3, Alex Robertson Addition, to accommodate drainage system
lnprovements, We'll reconvene here when that's finished
The Planning and Zoning Commission adjourned 10 the Closed Meeting.
Mr. Enge0rechl Joined the meefkg.
The Planning and Zoning Commission reconvened Into Regular Mooting.
2, Consider making a rscommandation to the Clay Cowell concerning the acqulsklon of land referred to i
fn Item 1.e., b., and c. above.
Commissioner Powet: For the record, Mr. Evperorecht has )olned us. Do we have any motions regarding 1.e., b., Q Q
and c.
Ms. Gonzer: I move that wa recommend to Ma City Council approval of the purchase of the 0.156-act trod of 600
Skinner Street. i
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Planning and Zoning Commission Minutes
May 27, 1998
Page 2 of 58
Commissioner Powell Do we haves second?
Mr. Moreno: I'll second
Commissioner Powell: Thank you, Mr. Moreno. Is there any discussion on that particular motion? Are we going to
vote electronically tonight? Then we'N do Brat. Thank you We have five yet votes (S - 0) Item 1 b.
Bt•BIoopp- Ms. Gamer: I move that we recommend to the City Council approval of the purchase of the 0,187-acre trod, Lot S.
Block 4 of the Alex Robertson Addition.
Mc Moreno: Second,
Commissioner Powell: We have a motion and a second. Is there any discussion on this particular Item? Call for a
vote. Was vote eledron;cesy again. We've all voted. The vote Is five to taro again (S - 0) Item 1.c.
Me. Gamer: I move that we recommend to the City Counal approval of the purchase of the 0,149-acre trod, Lot 7,
Block 3 of the Alex Robertson Addition,
Mr. Moreno: Second
Commissioner Powell: We have a motion and a second, Any discussion on 1 c Cell for a vote. Vote Is five to
zero In favor. IS - 0)
I'd like to announce Thai Item 9 and Clem 12 have been pulled tonight So, If you're here to discuss the Texas State
Fairgrounds or the Sherman Drive and Greenwood Street Mustions, that won't be done tonight, There will be
notice before M is done again.
9ON9£NTAGENDA
3. Conslder approval of the final plot of Lots 1.14, Block A, and Lob 1.16, Block B, of the Weslgale Hills
North Addition, Phase III. All of the thirty-three (33) single-family lots, except lot 16, Block A, In this
phase are located within o Single-family 10 14F-10) toning district; Lot 11, Block A, Is toned Single-
family 7 (SF-7). The 10.29-acre site Is located on the north side of Windsor Drive and tit east aide of
Westgate Street, (FF-1111-062, Westgate Hills North Addition, Phase III, Wayne Reed)
4. Consider approval of a preliminary plat of Lot 1, Block 1, of the ASCIMOB Addition. The 9.612-acre
tract Is located on the south side of 1.35E between Sam Bass Drive and Teasley Lane. The property Is
In Commercial (C) and Light Industrial (U) zoning dlstdcts. A medical office (wilding and ambulatory
surgical center Is Proposed. (PP-96456, ASClMOB Addition, Mark Donaldson)
5. Consider approval of a final plat of Lots 1.3, Block B; lots 1.11, Block C; Lob 1.14, Block D; Lob 14,
1 Stock E; Lots 14, Block F; Lots 1-16, Block 0; rots 1.17, Block H; Lots 1.20, Block 1; Lots 1.10,
Block J; and Lots 11, Block K, of the Oakmont 11, Section 1, Addition. The 36.2174cre tract Is located
in south Denton, west of State School Road and north of Robinson Road. Tha ,aroperty Is In a One-
Family Dwelling (BF-7]c]) toning district. One (1) open space and 107 single-family reeldentlat lots are
created. (FP-91-031, Oakmont lt., Mark Donaldson)
4. Consider approval of a final plot of Lots 14 and 943, Slo:k P; Lots 1.22, Block 0; Lob 142, Block R;
and Lob 142, Block S of the Wind River Estates, Phase VI. The 17.1804cre trod is located In south f
Donlon, east of the Intersection of Lillian Miller Parkway and Teasley Lane, The property to In a One-
Famlty OwNling (BF-7(c]) zoning district. IH single-family residential fats are created. (FP-91-011,
Wind River Estates, Phase N, Mark Donaldson)
7. Conslder approval of a pretlminary plot of lots 1 and 2, Block 1, of the Nationwide Housing Addition. 0
The 1.1144cre tract to located in sovtMOt Denton, northeast of I.SSE, between Po.:kre: ✓a:?e Road
Y and Shady Shores Road. Lot I Is In o Commercial (C) toning district and LW 2 Is in an Agrlcutt.•sl (A)
J zoning dlstdcl, the seta of manufactured housing Is Proposed for Lot 1. (PP-11463, Natlon,Ade
Housing, Mark Donaldson)
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ORDINANCE NO, _
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AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND SAINT ANDREW CHURCH OF GOD IN CHRIST, RELATING TO THE
PURCHASE OF 0.187 ACRES OF LAND FOR CONSTRUCTING DRAINAGE
IMPROVEMENTS IN THE PEC•4 TRIBUTARY OF PECAN CREEK; AUTHORIZING THE
i EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to execute a Real Estate ,
Contract between the City and Saint Andrew Church of God in Christ, in substantially the form
of the Real Estate Comract which is attached to and made a part of this ordinance for all
purposes, for the purchase of 0,187 acres of land for constructing drainage improvements in the
PEG4 Tributary of Pecan Creek.
SECTION I1. That the City Manager is authorized to make the expenditures as set forth
in the attached Real Estate Contract.
SECTION 111. That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the day of 1998.
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JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
t.
BY:_
~I APPROVED AS TO LEGAL FORM: 0 •
HERBERTI PROUTY, CITY ATTORNEY ,
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REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Saint Andrew Church of
God in Christ (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a
home i ale municipality, of Denton, Denton County, Texas. (hereinafter referred to as
`Purchaser'), upon the terms and conditions set forth herein.
PURCHASE AND SALE
I. Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees
to pay for all that certain tract, lot or parcel of land consisting of 0.187 acre tract of
land, more or less, as described in Exhibit "A" and illustrated in Exhibit "B" attached
hereto, being Lot 6, Block 4. Alex Robertson Addition, together with all rights and
appurtenances pertaining to the said property, including any right, title and interest of
Seller in and to adjacent streets alleys or rights-of-way (all of such real property,
rights. and appurtenances being hereinafter referred to as the "Property"), together
with any improvements, fixtures, and personal property situated on and attached to
the Property, for the consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth.
2. Seiler hereby agrees to grant permanent drainage easements and temporary
construction easements as described and illustrated in Attachment "1".
3. Seller hereby agrees to provide Purchaser a signed resolution by Saint Andrew
Church of God in Christ (Seller) granting authority to the agent and'or agents to
convey and grant the 0. 187 acre tract I Exhibits "A" and "B"), the permanent drainage
casements and ;he temporary construction easements (Attachment "f
4. The Purchaser hereby agrees to construct a chain-link fence along the improved
,
channel
5. The Seller hereby acknowledges that the Purchaser has previously informed Seller
that Purchaser has negotiated for the purchase of the tracts with no intent to use its
. powers of eminent domain to obtain the parcels.
PURCHASE PRICE
1. Amount of Purcha,g Price. The purchase price for the Property (0.187
acre tract) shall be the sam of Four-Thousand and Seventy Three Dollars
• and No Cents (54,073.00). S
' Additional Consideration, The purchase price for the 0.007 acre drainage
casement and adjacent temporary construction casement affecting Lot 5,
6
3
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Block 4 of die Alex Robertson Addition is One-Hundred and Fifty Four
Dollars and No Cents ($154.00) and the purchase price for the 0.052 acre
drainage Casement and adjacent temporary construction casement
affecting Lot 7, Block 4 of the Alex Robertson Addition is One-Thousand
One-Hundred and Thirty Three Dollars and No Cents (S1,133.00). Each
of the aforementioned easement tracts are described an shown in
ATTACHMENT "I
2. Pavmenf of Purchase Price The full amount of the Purchase Price shall be
payable in cash at the closing. The total wll amount for the Purchase tract
(0.187 acre) and the two permanent easem-nt tracts of 0.007 acre and
0.052 acre respectively and the associated temporary construction
easements is Five-Thousand Three-Hundred and Sixty Dollars and No
Cents (55,360,00).
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions
any of which may be waived in whole or in part by Purchaser at or prior to the closing.
1. r i i arv Title Renon, Within twenty (20) days after the date hereof,
Purchaser, at Purchaser's sole cost and expense, shall have caused the
Title Company (hereinafter defined) to issue an owner's policy
commitment (the "Commitment") accompanied by copies of all recorded
documents relating to easements, rights-of-way, etc., affecting the
Propeny. Purchaser shall give Seller written notice on or before the
expiration often (10) days after Purchaser receives the Commitment that
the condition of title as set forth in the Commitment is or is not
satisfactory. In the event Purchaser states the condition of title is not
satisfactory, Seller shall, at Seller's option, promptly undenake to
eliminate or modify all unacceptable matters to the reasonable satisfaction
of Purchaser.
I
Purchaser understands that Seller is under no obligation to cure any title
defects complained of by Purchaser stated in Purchaser's written notice to
Seller as provided in this paragraph. In the event Seller is unable to do so
within ten (10) days after receipt of written notice, this Agreement shall
thereupon be null and void for all purposes; otherwise, this condition shall
be deemed to be acceptable and any objection thereto shall be deemed to
• have been waived for all purposes. 9
Page 2 of 1
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2. Survey, Purchaser may, at Purchaser's sole cost and expense, obtain a
current survey of the Property, prepared by a duly licensed Texas lane
surveyor acceptable to Purchaser. The survey shall be staked on the
ground, and shall show the location of all improvements, highways,
streets, roads, railroads, rivers, creeks, or other water courses, fences,
c?~ements, and rights-of-way on or adjacent to the Property, if any, and
shall contain the surveyor's certification that there are no encroachments
on the Property and shall set forth the number of total acres comprising the
Property, together with a metes and bounds description thereof.
Purchaser will have ten (10) days after receipt of the survey to review and
approve the survey. In the event the survey is unacceptable, then
Purchaser shall within the ten (10) day period, gave Seller written notice of
this fact. Seller shall, at Seller's option, promptly undertake to eliminate
or modify the unacceptable portions of the survey to the reasonable
satisfactions of Purchaser. In the event Seller is unable to do so within ten
(10) days after receipt of written notice, Purchaser may terminate this
Agreement, and the Agreement shall thereupon be null and void for all
purposes. Purchaser's failure to give Seller this written notice shall be
deemed to be Purchaser's acceptance of the survey.
3. Seller's Compliance. Seller shall have performed, observed, and complied
with all of the covenants, agreements, and conditions required by this
Agreement to be Ferformcd, observed, and complied with by Seller prior
to or as of the closing.
I
QEPRESENTATIOYS AND WARRANTIES OF SELLE$
Seller hereby represents and warrants to purchaser, to the best of its current
knowledge, as follows, which representations and warranties shall he deemed made by
Seller to Purchaser also as of the closing date:
1. There arc no parties in possession of any portion of the Properly as
lessees, tenants at sufferance, or trespassers.
• 2. Except for the prior actions of Purchaser, there is no pending or threatened
condemnation or similar proceeding or assessment or suit, affecting title to
1. the Property, or any parr thereof, nor to the best knowledge and belief of
Seller is any such proceeding or assessment contemplated by any
governmental authority,
• 3. Seller has complied with all applicable laws, ordinances, regulations, 0 •
statutes, rules and restrictions relating to the Property or any part thereof
Page 3 of
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4. To the best of the Seller's knowledge, there are no toxic or hazardous
wastes or materials on or within the Property, Such toxic or hazardous 1
wastes or materials include, but are not limited to, hazardous materials or
wastes as same are defined by the Resource Conservation and Recovery
Act (RCRA), as amended, and the Comprehensive Environmental
Response Compensation and Liability Act (CERCLA), as amended,
CLOSING
The closing shall be held at the office of Dentex Title Company, 300 N. Elm,
Suite 101, Denton, Texas on or before
(which date is herein referred to as the "closing date'l.
CLOSING REQUIREMENTS
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to Purchaser a duly executed and acknowledged General
Warranty Deed conveying good and marketable title in fee simple
to all of the Property, free and clear of any and all liens,
encumbrances, conditions, assessmen;s, and restriaions, except for
the following
1. General real estate taxes for the year of closing and
subsequ:nt years not yet due and payable; and
2. Any exceptions approved by Purchaser pursuant to
Purchaser's Obli ati n hereof; and
3. Any exceptions approved by Purchaser in writing.
B. Deliver to Purchaser a Texas owner's Policy of Title Insurance at
Purchaser's sole expense, issued by Dentex Title Company,
Denton, Texas, (the "Title Company"), in Purchaser's favor in the
full amount of the purchase price, insuring Purchaser's fee simple
tide to the Property subject only to those title exceptions isted in i
Closing Requirements hercof svch other exceptions as maybe
j approved in writing by Purchaser, and the standard printed
exceptions contained in the usual form of Texas Owner's Policy of
Title Insurance, provided, however:
1. The boundary and survey exceptions shall be O
deleted if required by Purchaser; and if so required,
the costs associated with same shall be borne by
Seller;
Page 4 of 7
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2. The exception as to restrictive covenants shall be
endorsed "None of Record";
3. The exception as to liens encumbering the Property +
shall be endorsed "None of Record" other +han
those set forth in " u ch er's Obligati
4. The exception for taxes shall be limited to the year
of closing and shall be endorsed "not yet due and
payable".
C. Deliver to Purchaser possession of the Property on the day of
dosing.
2. Purchaser's Requirements Purchaser shall pay the consideration as
referenced in the "Purchase ['rice" section of this contract at closing in
immediately available funds.
I
3. Closing Costs. Seller shall pay all taxes assessed by any tax jurisdiction
through the date of the Closing.
All other costs and expenses of closing in consummating the sale and purchase of
the Property not specifically allocated herein shall be paid by Purchaser.
I
REAL ESTATE COMMISSION 1
Any real estate commissions occasioned by the consummation of this Agrcen,_
shall be the sole responsibility of Seller, to the extent Seller hr i agreed to pay any such
real estat 1 commission in writing; and Seller agrees to inden•.:ify and hold Purchaser {
harmless from any and all claims for any such commissions.
i
BREACH BY SELLER
,r In the event Seller shalt fail to fully and timely perform any of its obligations
I hereunder or shall fail to consummate the sale of the Property except Pcrcha5er s default, I
Purchaser as its sole and exclusive remedy may either enforce speciGe performance of 3 I
this Agreement or terminate this Agreement by written notice delivered to Seller,
• BREACH BY PURCHASER f 0
? In the event Purchaser should fail ti, consummate the purchase of the Properly, the
conditions to Purchaser's obligations set forth in PURCHASER'S OBLIOATIONS
P.1a, o of 7
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having been satisfied and purchaser being in default, Seller as its sole and exclusive
remedy may enforce specific performance of this Agreement, or terminate this
Agreement by written notic! delivered to Purchaser.
MISCELLANEOUS rKOvISIONS
I, Assignment of Agreement This Agreement may not be assigned t y
Purchaser without the express written consent of Seller.
2. Survival of Covenant- Any of the representations, warranties, covenants,
and afire :ments of the parties, as well as any rights and benefits of the
parties, pertaining to a period of time following the closing of the
transactions contemplated hereby shall survive the closing and shall not be
merged therein.
3. Notice, Any notice required or permitted to be delivered hereunder shall
be deemed received when sent by United States mail, postage prepaid,
certified mail, return receipt requested, addressed to Seller or Purchaser, as
the case may be, at the address set forth beneath the signature of the party.
4. T xa Law to pjy, This Agreement shall be construed ruder and in
accordance with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Denton County; Texas,
5 Parties Bound, This Agreement shall be binding upon and inure to the
benefit of the parties and their respective legal representatives, successors
and assigns where permitted by this Agreerent.
6 r Peal C'onstructiori In case anyone or more of the provisions contained
in this Agreement shall for any reason t,! held to be invalid, illegal. or
unenforceable in any respect, said invalida , illegality, or unenforeeabiiity
shall not affect any other provision hereof, w.d this Agreement shall be
construed as if the invalid, illegal, or unenf rceaAe provision had never
been contained herein.
71 Lu Agreemenls Supcrsedrj, ",is Agreement constitutes the sole and
j V only agreement of the parties and supersedes any priot understandings or
written or oral agreements between the pvrtics respecting the within
subject matter.
8. Time of Essence, Time is of the essence in this Agmement.
• 9. Gender, Words of any gender used in this Agreement shall be held and O N
construed to incl ode any other gender, and wordi in the singular number
shall be held to it ,:rude the plural, and 4ce versa, unless the context
requires otherwire.
Page 6 of 7 r
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l0. Compliance, In accordance with the requirements of the Texas Real
Estate License Act, Purchaser is hereby advised that it should be fiunish-A
with or obtain a policy of title insurance or Purchaser should have the
4
abstract covering the Property examined by an attorney of Purchaser's
H
i own selection. +
r.
11. Time Limit _In the ever fully executed copy of this Agreement has not
been retuned to Put^hj._., within ten (10) dayc after Purchaser executes
this Agreement and 4elivers same to Seller, Purchaser shall have the right
to terminate this Agreement upon written notix to Seller.
r
S DATED this day of _ , 1998,
PURCHASER
THE CITY OF DENTON, TEXAS
_
BY:
Ted Benavides
City Manager
215 E. McKinney
ATTEST: Denton, Texas 76201
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L, PRODTY, ; ITY ATTORNEY '
I ~
SELLER
4 SAINT ANMEW
CHURCH OF GOD IN CHRIST
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! BY: '
IL TITLE:
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"EXHIBIT A++
ALL that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas in the
A. Hill Survey, Abstract Number 623 and being all of Lot 6, Block
c 4 of the Alex Robertson Addition, an addition to the City of
I Dointon, recorded in Volume 3, Page 19 of the Deed Records of
Denton County, Texas and being a tract conveyed to Saint Andrew
E Church of God in Christ by deed recorded in Volume 1789, Page 864
of the Real Property Records of Denton County, Texas and being
more particularly described as follows:
BEGINNING at the northwest corner of said Lot 6, same being a
point on the east line of Maddox Street;
THENCE South 89° 47' 26" Seat along the north line of said Lot 6 a
distance of 143.18 feet to the northeast corner of said Lot 6,
said point being the beginning of a non-tangent curve to the left t
whose radius is 2,133.68 feet an;' whose long chord bears South
10° 47' 09" East a distance of 56.03 feet;
, .
THENCE along the arc of said curve in a southeasterly direction
through a central angle of 01° 30' 16" a distance of 56.03 feet to
the southeast corner of said Lot 6;
THENCE North 89° 47' 26" Nest along the south line of said Lot 6 a
istanco of 153.86 feet to the southwest corner of said Lot 61
u
THENCE North 00° 12' 34" East along the east line of said Lot 6
and the east line of Maddox Street a distance of 55.00 feet to "
the POINT OF BEGINNING and containing 0.187 acre of land.
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TO " OTY Or OCYTOA ACCOApYO
TO T/[ PLAT ACCOAOCO N VOL 1. PO. 1 Y~ 4 . M
11• XCO ALCOROi OEM 1011 M.. TCAAS r I i 1 I R~ l Y 1 •O
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Tam NTATN or Tt1A.6, MW ALL lm1 BT 11i81 Prim6NTN i
CCON71 Or DZWM
TRAT Saint Andrew Church of God in Christ at Denton County, Twee, in
consideration rt the sun Of 011e-211019sad Two-Smdred and eighty raves
Dollars Old No Cants (11,267.00) and other good and valuable
consideration in hand paid by the City of Denton, Teaas receipt at
whtah is hereby acknowledged, 60 by these prunta grant, bargain, sell
and convey unto the City of Destoa, Terns, the free and uninterrupted
i
see, liberty and privilege of the passage is, alacy, Was and access
the following described property, owned by it situated in Dentes -
County, Terns in the A. Mill Norway, Abstrect lumber 623.
TRACT A.
ALL that certain lot, tract of parcel et land lying and being situated
in the City and Canary of ')"too, State at Texas is the A. Bill larval,
Abstract lumber 627 and being a part of Lot 7, Black 6, at the Ala
Robertson Addition, an addition to the City of beaten, recorded is
Volume 1, Tale 19 of the Deed Records of Denton County, Texas and also
being part o" a tract of land described by deed to Saint Andrew Church
of God in Christ recorded in talume 1230, Pals N) of the Deed Records
of Denton County, Tear and being mots pastloulsrly described by **too
and hounds as fo110ves
0101MINO at ■ 1/2 loch iron found at the southwest Corner e! said Let
7s
TNaRCS North 00' 12' 34' test along the vast line of said Lot 7 a
distance of 6231 lest to a point for Catlett
TRaRCt South BN' 10' 01' Bast leaving said vest list a distance of 60.22
feet 'o a point for Corners
TNV.Cg mouth Y2' 10' $9' mast a distance at 41.02 feet to a petal for
owners
TRIRCS South 91' 11' 06' test a distance of 61.06 test to a point for ,
. goners
• TRaNCI Notch 00' 38 ' 62' lost a distenas of 29.36 feat to the east line '
{
of sold Lot 7 and the be/tsaing of a air" to the left whose redies to
2,111.60 fast Mod vhoae 1009 chord wars South 01' 62' 66' last a
"tatance of 11.26 feett
TtaNCt along said carve and alosl said east line is a southeasterly
direction thro,19b a central angle of 00' 10' 00' a distsnCe of 11.26
feet to the santl.1~4,t cornet of said Lot 7s
TSUC10 North U' Yl' 2e' Neat 010119 said death line of said Let 7 a 0
J)~o distance of 163.16 feet to the PfACm Of BBOINNINO and eoatstaisg 0.062
once of land. -
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TRACT W
ALL that certain lot, tract or parcel of land lying and being situated I
In the City sad County of Denton, state of Tunas in the A. Mill Server,
Abstract Musber 917 and being a past of Lot 1, bleak d, of the Alas
Robertson Addition, an Oddities to the City of Denton, recorded in
Volume 1, page It of the Dead ucosds of Denton County, Tones and also "
being part of a tract of land described by dead to saint Andrew Church
of God in Christ recorded is Volume 1170, Pale 017 of the Deed Records
of Denton County, Texas and being more particularly described by metes
and bounds as fellowmi
1201 M1NG at the northeast corner of raid Let 1)
TMBMOB South 01' is, SW West a distance of $1.34 feat to • point for
corners
TMOICN North 79' 10' dl' West a distmaee bf 11.11 feet to the earth lift* -
of said Lot 61
TMBNCB Mocth It' 47' 11' Bast along said north line a distance of 19.71
fast to the PLACB Or UG1NWiNd and Containing 0.007 ease of lend. '
The psaviassly Aesosibed front "A' AM Trsat "1" also Carry
temporary construction easements ea shown on 37W111T "A•, attached
herewith, and said loupe Cary Construction easements shall become null
and told upon completion of the construction amsatiated with the
pending MC-4 Drainage project.
And it is further agreed that the City of Deatoo, Tessa in
eonstderat.ion of the benefits above set but, will remove frog the 1
property stars desesibad, such fences, buildings and ether obstructions
as may now be found upon said property.
row the purpose of obastruatinq, reconstructing, lnrtsllial,
repairing, and perpetually maintaining drainage in, along, upon and
soroms said Premises, with the right sad privilege at all times of the
grantee herein, his of its agents, employees, workmen and
,
representatives having lbarsia, prase, and segreas in, alonq, upoo and
across said premises for the purpose of making additises to,
. improvements on and ropeirs to said drainage facilities as any part i
thereof.
TO BAVS MD To BOLD veto the said City of Denton, Texas an
,
aforesaid for the purposes aforesaid the premises above described. 4~,
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,gel
xgenda No,_
1 0*7
40enda Urn-
AGENDA INFORMATION SHEET Dale,
i
AGENDA DATE: July 21o 1998
r
DEPARTMENT: Engineering & Transportation
CNVDCM/ACM: Rick Svehla, Deputy City Manager
SUBJECT
Consider an ordinance vacating easement interests, if any, in 0.081 acres in the S.C. Hiram
Survey, Abstract 616, Denton County, Texas; and providing an effective data ,
r
BACKGR UNU
Saint Andrew Church of Goo in Christ has granted the necessary drainage easements for the
pending PEC-4 Tributary Drainage Improvement Project. When the PEC-4 project is complete,
the 0.081 acre tract will no long ar be needed to convey storm water because the channel is being
realigned southward. A fence i!+ to be constructed along the edge of the channel improvements.
The u.081 acre tract will exist beyond the new fence, surrounded by church Property. This
vacation of City of Denton interest will help the church reconcile their overall property
boundary.
PRIOR ACTIONIREVIEW (Counel! Boards Commissions)
The Planning & Zoning Commission recommends approval,
FISCAL. INFORMATION
None
MAP Attached,
Respectfully submitted;
• Ilerry . a k, Dir for
Prepared by; Engt ring ransportation
Paul Williamson
Right-of-Way Agent
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Planning 4.;d Zoning Commission Minutes
March 25, INS
Page Z of k
Mr. David Salmon pravntad the staff report,
Mr. Salmon: Madam Chair ano members of the Commission, 606 Lakey Street Is the St. Andrew Ct urch of God. It
Is located on Lakey Street adjacent to Pa existing drainage channel. This properly Is "discard to k.ur Pecan Creek
Tributary 4 drainage project that wive spoken to you about on a couple of diA'ererd occasions over ft past saveval
months. In this Instance, this Is a little bR different than a normal Lss~ abandonment The parcel red are looking
at abandoning Is the darkened in or blackened in triangular area on the map. What rm i hiotrating is-- *o church is
going tv dedicate the areas but are highlighted In pink to the City as new drainage easement in exchange for
releasing the 4rea that's shade! In black. Just No an Interesting sidelight or note, this a Ars rectangular area, which
includes a black Mangle. Is a piece of property that no one seems to own. There is a drainage channel there. We've
done extensive deed research; h fad, even our consulting engineers that are working on INS project he" done
extensive dead research It appears Mat a6 the deed Ones In this area of town are very confusing, and sane of them
don't match up. This seems to be a little area between deed Ones that nobody appears to own. So, in this Instance,
what we are rioing is giving up the City's raht to use thls area shaded In block for drainage purposes. The drainage
channel win be somewhat rebated ban where R currently it, and we win no longer mood this area shaded In black,
Right now. There Is a channel there; but when the new channel Is built, It win be moved slightly to the south and will
not be in that black area. Staff Is recommending this to help move our Pecan Creek. Tributary a drainage along.
Chairperson Schertz: Thank you. Are,_
Mr, Engelbracht: Can we go out there end stodk a calm if nobody owns 0 Pul three rocks on the comer or what?
Mr. Powell: I got to thinking H we slacked a claim, would we have to pay anything on h? Is it free or is R operk or
what?
Mr. Cogslbrechb That'sdght.
Mr. Powell Y,T,0 about taxes. Is R tax-free?
Mr. Mimno: There win to some roltback taxes there, Mr. Powell,
Mr. Powell: There you go.
Mr. Salmon: Wen, if you're interested in owning the bottom of a concrete cannel, go fight ahead
Mr. Power N i w that you mentioned R. you know.. .
Mr Engelbrechl So, we are going to abandon this easement to no one, tart of?
Mr. Salmon: Wes, we e,# going to rein" a to the chi rch...,
Mr. Engelbreat: No. I understand.
Chsirperson Schsrtz: Obviously, since Than are no War questions of comments, I'll entertain @ mow, plea".
1 Mr. Engelbrecht I move that we woomriend to the City Council approval to sCSndon the 0081-sore lrad to
1 • + whosoever might by Interested In R,
Me Apple Second.
Chakpersom ScherU: Motion was made bi Commissioner Engelbrochf and a second on Comftoolo of Apple, I
won't ask if there are any other omments. No. Are there any? I On ask the Commissioners to plea" cost their
votes Voting is complete, and l willdlop!ay"results, Maybe, than vas go. lt passes unanimously 64. (0-0) ti
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ORDINANCE NO. _
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AN ORDINANCE VACATING EASEMENT INTERESTS, IF ANY, IN 0.081 ACRES IN THE
S.C. HIRAM SURVEY, ABSTRACT 616, DENTON COUN FY, TEXAS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for the abandonment of its
easement interests, if any, in 0,081 acres; and
WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas
reviewed the requested abandonment and recommended approval; and
WHEREAS, the Council of the City of Denton, Texas has determined that the easement
interests being vacated are no longer needed for public use; and
WHEREAS, the fair market value of the easement interests has been determined and
received, as required by Section 272.001 of the Texas Local Government Code; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
5.ECTION I: Thai the easement interests, if any, owned by the City and described in
Exhibit A and illustrated by Exhibit B, such exhibits being attached hereto and incorporated
herein by reference, as it pertains to a 0.081 acre tract racated in the S.C. Hiram Survey,
Abstract 616, Denton County, Texas, is permanently vacated and abandoned as a public
casement, i f same did exist, to the extent described in said exhibits,
,UC ION It That by reason of such vacation the City of Denton'-.t property interests, if
applicable in the vacated casement, shall, by operation of law, revert to the owner or owners
abetting the casement herein abandoned, and the City of Denton releases any and all claims to
the use of the vacated property as a public easement and the City hfanager is authorized to
execute a quit claim deed (in a form approved by the City Attorney) quitclaiming such interests,
if any owned by the City, to St, Andrew Church of God in Christ..
$ECTIOM: Phat this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 11998.
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CIT'1' SECRETARY
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APPROVED AS TO LEGAL FORM:
a' HERBERT L. PROUTY. CITY ATTORNEY
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PROPERTY DESCRIP'T'ION
O.OSI O F AN ACRI OF LAND SrMATED N THE S.C. HIM I SURVEY, Afi 16, DENTON COUNTY, TEXAS. ,
SAID ACREAGE IS MORE PARTICJLARLY DESCSMiO ifY METES AND BOUNDS AS FOLLOWS; `
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BIGINNIKG AT A $A INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF TRACT '1', AS
DESCRIBED TO ST. ANDREW CHURCH OF 00 IN CHRIST ACCORDINNO TO THE DEED RECORDED IN
VOLUNE 2933, PAGE 113, DEED RECORDS, DENTON COUNTY,TEXAS; SAID MON ROD IS ALSO DI THE
SOUTH LINE OF THE JASPER ADDITION AND THE SOUTH LINE OF THE AMENDED `1 AT OF JASPER
ADDITION, BOTH AMMONS TO THE CITY OF DENTON ACCORDING TO',HE PLATS ► :.ORDED IN
VOLUME 7!, PAGE 59 AND VOLuW 173, PAGE $15, ( RESPECTIVELY SAID DEED RECORJIS;
THINCI N89' 29'36'E ALONG TnE SOUTH LINES OF SAID ADDITIONS, 124.30 FEET;
THINCI $65413'044W LEAVING SAID SOUTH LINES, 137.96 FEET TO THE EAST LINE OF THE
AFORM4ENYTIONED CHURCH TRACT; FROM WHENCE A'A INCH IRON ROD FOUND AT THE SOMEAST /
CORNER OF SAID CHURCH TRACT BEARS S00"48'09'W, 121,46 FEET;
T KENC1 N00'48'09"E ALONG SAID EAST LINE, %.67 FEET TO THE PLACE OF BEOWNFNO,
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ClAYFILESVEN9712s ST ANDREW QUIT CLAW EXHMIT'A' $ 1
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Agenda No.-
Agenda 11EEM.- r-T-
AGENDA INFORMATION SHEET Date r/
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i AGENDA DATE: July 21,1998 E
DEPARTMENT: Eoglneering & Transporlation
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CM/DCMIACM: Rick Svebla, Deputy City Manager vIb
SUB]EQ
CONSIDER AN ORDINANCE AUTHORIZINO THE CITY MANAGER TO EXECUTE A
ti REAL ESTATE CONTRACT WITH CRAIG D. JOHNSON AND WIFE, TERRI JOHNSON,
FOR THE PURCHASE OF APPROXIMATELY 0,191 ACRES TRACT OF LAND KNOWN
AS PARCEL NO. 17, U.S. HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE
V. S. HIGHWAY WIDENING PROJECT; AUTHORIZINO THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
BACKGRO
Craig D, Johnson and wife, Terri Johnson has executed a Rea' Estate Contract for the Required
riot of way for the U.S. Highway 77 widening l elect (known as 3720 N. Elm St). The oonbul
amount of $3982.00 repments the fair market value u determined by an independent appraiser
and reviewed by a sepsra+o appraiser for conformity and as required by The Texas department of
Transporhtion (Tx. DOT). The oppm:ser and review appraiser services were approved by the
City Council in 1997 (Professional Services Contacts).
ER108 ACTT NMEVIEW (Council. Boards. Commissions
The Planning da Zoning Commission recommends approval.
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FISCAL INFORMATION
$3982.00 plus closing costa ( approximately $ 500.00)
Ma Attached.
y RespectfWly submitted:
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Pr by: E eering Transportation
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PLANNING AND ZONING COMMISSION
July 23, 1997
Regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held
on Wednesday, July 23, 1997, in the Central Jury Room of the Denton Municipal CompleR, 601
E. Hickory.
Present: Ellen Schertz, Jim Engelbrecht, Rudy Moreno, Carol Ann Ganzer, Elizabeth
Gourdie, Susan Apple and Bob Powell
Present from Staff: David Hill, Director of Planning; Mike Bueek, Assistant City Attorney;
Rick Svehla, Deputy City Manager; Walter Reeves, Urban Planner; Donna Bateman,
Senior Planning Technician; David Salmon, Engineer Administrator; Roger Wilkinson,
Engineering Technician Supervisor; and Linda Holley, Executive Secretary.
Meeting called to order at 5:38 p.m. by Ellen Schertz.
Hold Closed Meeting in Police Department Conference Room:
A. Real Estate - Under TEX. GOVT CODE Section 551.072.
1. Discuss acquisition of Right-of-Way for U.S. 377 from P.M. 2164 to 1-35.
2. Discuss acquisition of Right-of-Way for Lakeview Boulevard.
Reconvened into Regular Meeting at 6:10 p.m.
1. Resolutions of Appreciation for Barbara Russell and Guy Jones.
Ms. Schertz: It Is with great honor that I stand before my fellow commissioners and the
staff and the audience and give these resolutions to the past Chair Barbara Russell and
Commissioner Ouy Jones. Before I read the resolutions I just want to add a personal note
and share with everyone what a pleasure it has been working with these individuals, I have J
appreciated their strength. It has just been a valuable asset. It's been wonderful to watch
both of them and we are going to miss them and we just want to say thank you for all the
time and effort that you have dedicated to Planning and Zoning with the City of Denton.
(Ellen read the resolutions, copies attached to the minutes,) (Barbara and Ouy thanked
• everyune.)
11. Election of Chair and Vice-Chair.
Ms. Schertz: Nomination for Chair person and Vice-Chair person. Just want to make sure
that the commissioners recognize tlet the nominations do not require a second.
Nominations are now In order for the office of chair person. •
Mr. Moreno: I nominate Jim Engelbrecht for Chairman. !
R~ Ms. Schertz: Are there any flrrther nominations for this office?
Ms. Gamer: 1 would like to nominate Ellen Schertz for Chair.
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Planning and Zoning Minutes
July 23, 1997
Page 2
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Ms. Schertz: Are there any other nominations? If these ate none, nominations an closed.
We will vote on the nominees in the order of their nomination. I will list their name and
then after I am through if you will raise your right hand If you are in favor. As many as
are In favor of Jim Engelbrecht please raise your right hand. (Vote - 3) As many as are
in favor of Ellen Schertz please raise your right hand. (Vote - 4) The new Chair person
by majority is Ellen Schertz. Thank you.
For the second nominee we will be electing Vice-Chair person. The floor Is open.
Ms. Apple: 1 would like to nominate Bob Powell.
Ms. Schertz: Are there any further nominations?
Mr. Moreno: I would nominate Jim Engelbrecht.
Ms. Schertz: Are there any further nominations? Seeing none, nominations are closed.
As many as are in favor of Bob Powell, plew- raise your right hand. (Vote - 4) Seeing
there is it majority, the new Vice-Chair person will be Bob Powell. Congratulations.
111. Consider approval of the minutes of the July 9, 1997 meeting.
Ms. Schertz: Are there any corrections? Seeing none, the minutes will stand approved
as written.
IV. Consider making recommendation to the City Council for the acquisition of the Right-of-
Way for U.S. 377 from F.M. 2164 to 1.35.
Mr. Powell: That's not 377 but Is 77.
Ms. Schertz: You an correct. Let the minutes reflect that.
Mr. Powell: I would move that we recommend to the City Council the acquisition of
Right-of-Way for US 77 from FM 2164 to 1.35.
Ms. Ganzer: Seeopd.
Ms. Schertz: Is there any discussion? All In favor, please raise your right hand. Motion
passes. (7-0) I
V. Consider making recommendation to the City Council for the acquisition of the Right-of-
WAY for Lakeview Boulevard.
?q% Mr. Powell: I move tlut we make n:ommendation to the City Council for the acquisition "
of the Rlgbtof-Way for Lakeview Boulevard,
.Mr. Engelbrecht: Second.
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ORDINANCE NO.
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AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE
CONTRACT WITH CRAIG D. JOHNSON AND WIFE, TERRI JOHNSON FOR THE
PURCHASE OF APPROXIMATELY 0,181 ACU TRACT OF LAND KNOWN AS PARCEL
NO. 17, US. HIGHWAY 77, DENTON, DENI'UN COUNTY, TEXAS FOR THE, U.S.
HIGHWAY WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND DECLARTNG AN EFFECTIVE DATA
I I1.
THE COUNCM OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to execute a Real Estate Con'ract
with C..rZg D. Johnson and wife, Tetra Johnson, for the purchase of approximately 0.191 acre of r
land known as Parcel No. 17, U.S. Highway 77, Denton, Denton County, Taxes for the U.S.
Highway Widening Project, a wpy of which is attached hereto and iaoorporated by reference
herein.
SECTION 11. Thal the City Council hereby authotims the egwAlure of funds in the
manner and amount as specified in the agreement.
SECTION III. That this ordinance shall become effective Immediately upon its passage Ind
approval.
PASSED AND APPROVED this the day ot_ , 1499.
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEOAL FORM;
• HERBER'T' L. PROUTY, CITY ATTORNEY O 0
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REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between
Craig D. Johnson and wife, Terri Johnson thereinafter referred to
as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality,
of Denton, Denton County, Texas, (hereinafter referred to as
"Purchaser"), upon the terms and conditions set forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for all that certain tract, lot or
parcel of land described in Exhibit "A" attached with all rights
and appurtenances pertaining to the said property, including any
right, title and interest of Seller in and to adjacent streets,
alleys or rights-of-way (all of sucla real property, rights, and
appurtenances being hereinafter referred to as the "Property"),
together with any improvements, fixtures, and personal property
situated on and attached to the Property, for the consideration
and upon and subject to the terms, provisions, and conditions
hereinafter set forth. Seller shall pay all cost for the
removal, installation, construction, reinstallation,
reconstruction, labor and materials for any and/or improvements
located within the property described in Exhibit "A". Any
improvements not removed ,)y January 11 1999 shall become property
of the City of Denton, Teas.
PURCHASE PRICE
1. Amnnnt of P ur hase Prig. The purchase
price for the Property shall be the sum of $3982.00.
2. Pavmpnt of Purchase Price. The full
amount of the Purchase Price shall be payable in cash at the
f • closing.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to tir
consummate the transactions contemplated hereby are subject to
the satisfaction of each of the following conditions any of which
• may be waived in whole or in part by Purchaser at or prior to the O •
closing.
1. Prel minary Title Reoo_r=. Within twenty
(20) days after the date hereof, Seller, at Seller's sole cost
and expense, shall have caused the Title Company (hereinafter
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defined) to issue a owners policy commitment (the "Commitment")
accompanied by copies of all recorded documents relating to
easements, rights-of-way, etc., affecting the Property.
Purchaser shall give Seller written notice on or before the
expiration of ten (10) days after Purchaser receives the
Commitment that the condition of title as set forth in the 4
Commitment is or is not satisfactory. In the event Purchaser
states the condition of title is not satisfactory, Seller shall,
at Seller's option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser.
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, this Agreement shall thereupon Ea null
and void for all purposes, otherwise, this condition shall be
deemed to be acceptable and any objection thereto shall be deemed
to have been waived for all purposes.
2. SuLm . . Purchaser may, at Purchaser's
sole cost and expense, obtain a current survey of the Property,
prepared by a drly licensed Texas land surveyor acceptable to
Purchaser. The survey shall be staked on the ground, and shall
show the location of all improvements, highways, streets, roads,
railroads, rivers, creeks, or other water courses, fences,
easements, and rights-of-way on or adjacent to the Property, if
any, and shall contain the surveyor's certification that there
are no encroachments on the Property and shall set forth the
number of total acres comprising the Property, together with a
metes and bounds descriptio:, thereof.
Purchaser will have ten (30) days after
receipt of the survey to review and approve the survey. In the
event the survey is unacceptable, then Purchaser shall within the
ten (10) day period, give Seller written notice of this fact,
Seller shall, at Seller's option, promptly undertake to eliminate
or modify the unacceptable portions of the survey to the
reasonable satisfaction of Purchaser. In the event Seller is
unable to do so within ten (10) days after receipt of written
notice, Purchaser may terminate this Agreement, and the Agreement
shall thereupon be null and void for all purposes and the Escrow
Deposit shall be returned by the Title Company to Purchaser.
Purchaser's failure to give Seller this written notice shall be
deemed to be Purchaser's acceptance of the survey.
3. selleg's CaMPAJAnra. Seller shall have
performed, observed, and complied wLth all of the covenants,
agreements, and conditions required by this Agreement to be
performed, observed, and complied with by Seller prior to or ar
of tho closing. •
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to
Purchaser as follows, which representations and warranties shall
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be deemed made by Seller to Purchaser also as of the closing
date:
1. There are no parties in possession of any ,
portion of the Property as lessees, tenants at sufferance,
trespassers or other parties.
2. Except for the prior actions of
Purchaser, there is no pending or threatened condemnation or
similar proceeding or assessment or suit, affecting title to the
Property, or any part thereof, nor to the best knowledge and
belief of Seller is any such proceeding or assessment
contemplated by any governmental authority.
3. Seller has complied with all applicable
laws, ordinances, regulations, statutes, rules and restrictions
relating to the Property, or any part thereof.
4. To the best of the seller's knowledge, '
there „re no toxic or hazardous wastes or materials on or within
the Property. Such toxic or hazardous wastes or materials
include, but are not limited to, hazardous materials or wastes as
same are defined by the Resource Conservation and Recovery Act
(RCRA), as amended, and the Comprehensive Environmental Response
Compensation and Liability Act (CERCLAI, as amended.
CLOSING
The closing shall be held at the office of
Dentex Title Company on or before August 31, 19980 or at such
title company, time, date, and place as S311er and Purchaser may
mutuall,j agree upon (which date is herein referred to as the
"closing date").
CLOSING REQUIREMENTS
1, aguer's Remtirpmenta, At the closing
Seller shall:
A. Deliver to State of Texas, acting by and
through the Texts Transportation Commission a duly
executed and acknowledged General Warranty Deed conveying
good and marketable title to all of the Property, free
and clear of any and all liens, encumbrances, conditions,
easements, assessments, and restrictions, except for the
followings E
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1. General real estate
taxes for the year of closing and i
subsequent yearn not yet due and payablel
AE9008rE PAGE 3
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2. Any exceptions approved
^hs~ r'a
by Purchaser pursuant to
Obligations hereof) and
3. Any exceptions approved
by Purchaser in writing.
B. Deliver to Purchaser a Texas owner's
Policy of Title Insurance at Purchaser's sole expense,
issued by Dentex Title Company, Denton, Texas, Ithe
"Title Cooapany"I, or such title company as Seller and
Purchaser may mutually agree upon, in Purchaser's favor
in the full amount of the purchase price, insuring fee
simple title for the State of Texas to the Property
subject only to those title exceptiona listed in C1nning
RwilremPnts hereof, such other exceptions as may be
approved in writing by Purchaser, and the standard
printed exceptions contained in the usual form of Texas
owner's Policy of Title Insurance, provided, howevert
1. The boundary and survey
exceptions shall be deleted if required
by Purchaser and if so required, the
costs associated with same shall be borne
by Seller)
2. The exception as to
restrictive covenants shall be endorsed
"None of Record")
3. The exception for taxes
shall be limited to the year of closing
and shall be endorsed "Not Yet Due and
Payable") and
4. The exception as to
liens encumbering the Property shall be
endorsed "None of Record".
C. Deliver to Purchaser possession of the
• Property on the day of closing. F
2. Purcht8v.rlst ReZilr m nom. Purchaser
shall pay the consideration as referenced in the "Purchase Price"
section of this contract at Closing in Immediately available
funds.
3. Clwing Coate. Seller shall pay all
taxes assessed by any tax collection authority through the date
of Closing.
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All other costs and expenses of closing in
consummating the sale and purchase of the Property not
specifically allocated herein shall be paid by Purchaser and
Seller. V
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the
consummation of this Agreement shall be the sole responsibility
of Seller, and Seller agrees to indemnify and hold harmless
Purchaser from any and all claims for these commissions.
BREACH BY SELLER
In the ovent Seller shall fail to fully and
timely perform any of its obligations hereunder or shall fail to
~
consummate the sale of the Property except Purchaser's default,
Purchaser may either enforce specific performance of this
Agreement or terminate this Agreement by written notice delivered
to seller.
BREACH BY PURCHASER
In the event Purchaser should fail to
consummate the purchase of the Property, the conditions to
Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS
performance being default Selle
Agreements may
having either been satisfied
terminate this Agreement by written notice delivered to
purchaser.
MISCELLANEOUS
1, algnment of AgtEemCat• This Agreement
may not be assigned by Purchaser without the express written
consent of Seller.
2. st rvival_ o c°ye~atg. Any of the
representations, warranties, covenants, and agreements of the
the oclosingparties, the
parties, as eel pert d any rights itime following benefits
pertaining t
transactions contemplated hereby shall survive the closing and
shall not be merged therein.
3. Notica. Any notice required or permitted
to be delivered hereunder shall be deemed received when sent by
United Stntes mail, postage prepaid, certified mail, return 0
receipt requested, addressed to Seller or Purchaser, as the case
may be, at the address set forth beneath the signature of the
party.
Amoers PACE S
7 x 10 32x10
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f
q, TPxas.Law re Annly. This Agreement shall
be construed under and in accordance with the laws of the State `
of Texas, and all obligations of the parties created hereunder
are performable in Denton County, Texas. ,
5. Parties Bound, This Agreement shall be
binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal
representatives, successors and assigns where permitted by this
Agreement.
6. Legal erns ruerinn. In case any one or
more of the provisions contaii,,,i in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any
respect, said invalidity, illegality, or unenforcerbility shall
not affect any other provision hereof, and this Agraement shall
be construed as if the invalid, illegal, or unenforceable
provision had never been contained herein.
7. Prior AgrrPpmpnta S uparseded. This
Agreement constitutes the sole and only agreement of the parties
and supersedes any prior understandings or written or oral
agreements betw-en the parties respecting the within subject
matter.
8. Time of Essence. Time is of the essence
in this Agreement.
9. Gendor. Words of any gender used in this
Agreement shall be held and construed to include any other
gender, and words in the singular number shall be held to include
the plural, and vice versa, unless the context requires
otherwise.
10. MPmorandum of_LMtrAcL. bpon request of
either party, both parties shall promptly execute a memorandum of
this Agreement suitable for filing of record.
11. Co=1ianrn. In accordance with the
• requirements of the Texas Real Estate License Act, Purchaser is
hereby advised that it should be furnished with or obtain a
policy of title insurance or Purchaser should have the abstract
covering the Property examined by an attorney of Purchaser's own
selection.
12. rime Limit. In the event a fully
• executed copy of this Agreement has not been returned to p •
Purchaser within ten (10) days aft9r Purchaser executes this
Agreement and delivers same to Seller, Purchaser shall have the
right to terminate this Agreement upon written notice to Seller.
AEE006lE PAGE 6
a 12 _
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w n. -A.'nYY• • a 1.. . .e },4. .q'rvl'r..w-......,♦ i.. ...n V'M'V MIR^ti. A.rrR,)`P✓.w •+J.. 4*"'..w1 ~ .
DATED this day of , 1998.
M
SELLER PURCHASER
THE CITY OF DENTON, TEXAS
BY:
Craig D. Johnson Ted Benavi ea
City Manager
4 215 E. McKinney
Terri Johnson Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DFNTON
This instrument is acknowledged before me, on this day of
, 1998 by Ted Benavides, City Manager, of the
City of Denton, a municipal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of
the said City of Denton, Texas, a municipal corporation, that he
was dull- authorized to perform the same by appropriate ordinance
of the City Council of the City of Denton and that he executed
the same as the act of the said City for purposes and
consideration therein expressed, and in the capacity therein
stated.
Notary Public in and for
i
r the State of Texas
{f
! STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this day of a
1998 by
iv, Notary Public in and toe
the State of Texas
AEE008FE PAGE 7 { v
32
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STATE OF TEXAS f
COUNTY OF DENTON
i This instrument is acknowledged before met on this day of
1998 by _
4 Notary Public in and for
the State of Texas
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:.EEOOATL PAGE ! ;
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EXHIBIT IV hgs 1 of 1 f
County Deng
Highway U-11- 77 from Rev. October 27, 1694
ProIect Llmks: To 1J,B.29l1
CSJ: 0129.02
Accounts
FIELD NOTES FOR PARCEL 1Z
BEING A PARCEL OF LAND SITUATED IN A TRACT CONVEYED TO 1r0MM L DAVIDSON AND WIFE,
HELEN 4 DAVIDSON, RECORDED IN VOLUME 684, PAGE 328, DEED Rr.'ORDS OF DEMON COUNTY, TEXAS
(DROCTI, AND BEING SITUATED IN THEN.H. MEISENHEIMER SURVEY, ABSTRACT NO. 010, CITY OF DENTON,
DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
.
COMMENCING for reference at a found 6~ Iron rod foe *0 nord»aet comes of SSW Oavldaon Out, sadr.
being the northwest oomw of a 0.1120•acm tract of land conveyed to Rae S" recorded In Volume 1700,
page 848, DROCTi
THENCE S 36.38' 17' W, alarm a one common to aid Davidson tract and UM SW tract, a dbstame of 166.62
feet to a sat 6184rich "n tod whh an aluminum cap Deng the POINT OF BEGINNING orb being a point on the
new north right of way Ilm of U.S. 771
(1) THENCE 9 364 38' 17' W, along said common ON, paseln9 at 27.61 feat a found 1124roch Iron
southest distance sof 9 ed s bd feet to 0 tract, and °db q a POW anan the a Of n~ r1am of OSVICIAM on* of
U.S. 771
(2) THENCE N 674 26' 30' W, along a Mw common to said Davidson tract and the indadng north
Aght of way 6m of U.S. 77, a tpstance of 130.31 feet to a pLgM being ft s"wen corner of
.520-a treat of land conveyed to Mule
sold Davidson Saiso,, vact and recorded the s otsowner erge a p Ti
Ellgabs,th 131 THENCE N 360 42' 49' E, along a 6m common w s W Davidson tract and said Saaso treat,
rrodelwiitth at a34.00 fm a 1/2-Inch Iron rod, In ell a &UM of 59-76 fW to 0 set luminum cap UW 0*1 b*V on tits mw north right of way ON of U~~ n
" (4) THENCE 8 664 11' 38' E, along the new north dloht of way IN of U,S. 77, a distance of 130,34
feet to the POINT OF BEGINNING, and oont k*v 0.181 am, or ,1188 ke a Hof land, mote
• or leas, of which 4,401 ware fret reside In a praalptlve dipM way
1
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• John F. Wilder, R.P.L.S. T~
Texas No. 4266 H. • uuu „
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Apentla Item _.pS.l
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Date
AGENDA INFORMATION SHEET
AGENDA DATE: July 21,1998
DEPARTMENT: Fire Department
CM/DCMIACM: Michael Jez, Assistant City Manager/Operations
Consider increasing the per capita fees charged to the cities of Argyle, Corinth, Hickory
Creek, Krum, Lake Dailas, Ponder, Shady Shores and Sanger by the City of Denton for
emergency medical services (EMS).
BACKGROUND:
1: nerlocal Agreements for emergency medical services (EMS) between the City of Denton
and the Cities of Argyle, Corinth, Hickory Creek, Lake Dallas, Ponder, Sanger and Shady
Shores began in 1980. These agreements provide for emergency ambulances staffed by
paramedics for these small cities within our service area. Each year new agreements and
ordinances are approved by the Denton City Council for the next fiscal year setting the fee
the City will charge per capita. Currently, the City is charging $5,75 per capita for the small
cities.
The city presently provides three (3) front line emergency ambulances from Fire Stations 2, 3
and S, Two Firefighter Paramedics staff each ambulance. Reserve ambulances are stationed
at Fire Stations I, 4 and 6 as back ups in cases where our front line ambulances are all on
emergency calls and the City receives another call for emergency medical services. Reserve
ambulances are staffed by the engine company ^rew from the nearest fire station to the call.
In addition to responding to these small cities, the City also responds to certain areas of the
unincorporated County under an agreement with Denton County. The agreement between
the City and County is different than the agreements with the small cities.
I
In the City, an emergency medical request for service receives the closest engine company
and the nearest paramedic ambulance company, The fire engine responds with at least three
firefighters as "first responders" to quickly stabilize the patient until the arrival of the
ambulance, Normally, the fire engine will also have paramedics on it as first responders.
Ncarly 73% or all our firefighters are also certified paramedics. The remaining 231,1o are
certified T.mergency Medical Technicians (E1vIT's).
Outside the City, an emergency medical request for service receives only the nearest
• paramedic ambulance company. The first responders must come from the Jurisdiction O •
requesting our assistance, in most cases, this Is a local volunteer fire department,
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What Is the actual cost to provide emergency ambulance services to the small cities?
I
Over the rest several years different rates have been charged. Tlv: rate has been determined using a
cost per capita, The following exhibit shows the rales since 1989.
Par CAPRI
Fiscal You Charge
1901990 32 75
IM1991 $2.75
1991.1992 $2,75
1992.1993 $275
1993.1994 $350
1994.1995 34.50
1995.1998 $575
'996.1997 $5.75
1997.1998 $5.75
Small Citirs Historhv3 Per Capita Cost by the City of Denton for EMS
I listorically, the cost to the City of Denton to provide EMS to the small cities has been more than the
cost recovered by the per capita rate charged. City Councils in the past have determb,ed the revenues
generated from the small cities justified the expense of providing an ambulance for their emergency
medical calls for services.
'to more accurately decide what rate should be charged for this service, an EMS Cost Analysis Study
(attached to this report) was completed in July 199y, and determined the following:
Small C'ites' proportionate share of ONE ambulance - 60.0%
Annual Cost of ONE Ambulance to Small Cities a $336,968
1 Trup per capita cost of ONE ambulance to Small Cities ■ SBAS
For the current Fiscal Year, the City charges $5.73 per capita based on the population
A estimated by the North Central Texas Council of Governments on January lit, 1997, This
amount is billed per quarter. From the above figure, the per capita cost to the City is
substantially more than the per capimr, fees received from the small cities.
There are several options that the City Council may consider in establishing the fee to be
charged to the small cities: ,
~ 0 •
option It Charge the true per capita cost of WAS,
is would be a policy change from past years to collect the full cost to the City. Many of
the small cities would probably be unable to expend this much. However, the cost to provide
2
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the same level of emergency ambulance services on their own would be substantially more I
and a cost they also could not afford. The cities would most likely end up without
emergency ambulance services unless they contracted with a private ambulance company.
Option 2: Phase in a per capita cost over three years to get closer to the true cost.
Year 1 (FY199811949) $6.50 per capita
Year 2(FYI999120;)O) $8.00 per capita
Year 3 (FY2000/20) f) $ 10.00 per capita
This option would allow tl'e small cities to plan for expenditures on a long-range plan. The II
proposed Int;rlocal Agreements for the next fiscal year are based on a charge of $6.50 per
capita.
Option 3: Charge a per capita fee between $5.75 and S13.45.
city co I] could choose to charge a fee somewhere above the current fee up to the total
cost to provide the cost of emergency ambulance services.
Option 4: Charge the current rate of SMS for the nest nicei year.
e new agreements for the next fiscal year would maintain the current fee per capita.
Staff recommends Option N2.
FISCAL INFORMATIONS
to estimates a these agreements based an a per capita charge of $6,50 for the 25,050
people covered will provide 5162,825 in revenues.
No other program or department is affected; however, without these agreements the City
would have to stop emergency ambulance services to these small cities.
Respectfu ubmitted: ,
Ro?s Chadwick
Fire Chief
Attachments:
Clq, Council Presentation Slides
EMS Cost A nalysls Stud,, July 199b
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SMALL CITIES' EMS AGREEMENTS
City Council Presentation - July 21, 1998
City of CeMan
EMEa6ENey WHY THE A~AEEMENTS
MEDICAL SERVICES AND OADINACES?
(EARS)
SMALL CITIES ' Nad to be approved each
Agreements d year.
Ordinances For ' Chance to took at our costs.
Determine what to Charlie
Ambulance Services the enroll stile: per capita.
1
WHO ARE THE SMALL NEEDS TO BE APPROVED
CITIES? EACH FISCAL, YEAR
' Seth the terms and eonditlow,
Argyle, Corinth, Hickory aww w Ihii patynfian s capita `Mha&
Creek, Krum, Lake Dallas, ;3.73 awiNTLY
Ponder, Sanger, ' Establishes the popuiatlon to be
Shady Shores used. NT00016 111107
estimate of 13, 030
OUR COSTS TO PROVIDE OUR COSTS TO PROVIDE
• EMS AMt JLANCE SERVICES EMS AMBULANCE SERVICES
TO SMALL CITIES TO SMALL CITIES
' Small Cities proportionate share ' Annual Cost of One City Ambutanee
of One City Ambul6nw v to Sm611 Ci les a
600 I X A.136.4968
+ j
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SMALL CITIES' EMS AGREEMENTS
City Council Presentation - July 21,1998
OUR COSTS TO PROVIDE WHAT SHOULD THE CITY
EMS AMBULANCE SERVICES CHARGE THE SMALL CITIES
TO SMALL CITIES FOR AMBULANCE SERVICES?
• Actool Per Capita Cast of ON City g2jim #1 - Charge FAA Pa Capta
Ambdana to &W Cities • Cat.
$13.45 $13,45
WHAT SHOULD THE CITY WHAT SHOULD THE CITY
CHARGE THE SMALL CITIES CHARGE THE SMALL CITIES
FOR AMBULANCE SERVICES? FOR AMBULANCE SERVICES?
' f• Ian #2 • Phan to the Costs
CNar 3 Yearn mon ,3 - Charps Somewhere
Year j - ;6, s0 between $6.50 and
$13.45
Year 1 $a, W
Year .t r $10.00
WHAT SHOULD THE CITY WHAT SHOULD THE CITY
CHARGE THE SMALL CITIES CHARGE THE SMALL CITIES
0 FOR AMBULANCE SERVICES? FOR AMBULANCE SERVICES?
• 4 - Comflmw to charge the Staff Recommends
carrent r,.re of $5,75. OPTION #2.
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SMALL CITIES' EMS AGREEMENTS
I +
City Council Presentation - July 21, 1998
i
WHAT SHOULD THE CITY
CHARGE THE SMALL CITIES
FOR AMBULANCE SERVICES?
• I - "4" In tM Cats
~ Over 3 Yaws: ,
j Year 1 e $6.50 i
Year 1= $8.00
Year 3 = $10.00
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City of Denton
r
EMERGENCY MEDICAL
SERVICES
(EMS) t.
COST ANALYSIS
t.
July, 1998
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_ EMERGENCY MEDICAL SERVICES COST ANALYSIS _
WHATARE THEANNUAL COSTS TO OPERATE SPECIFIC FIRE COMPANIES?
One of the questions often asked is what a specific company, such as an engine company or
ambulance company, actually costs. The following methodology takes int.) account the personnel
costs plus the proportionate supporting costs for engine, ambulance and the quint companies,
There are two types of supporting costsi (1) those in the Fire Department's budget to support
operations; and (2) City support costs (overhead from other City Departments such as the City
Manager's Office, City Attorney, Human Resor'rces, Finance and Information Services). Fire
Department $uttooR costs may, be figured as shown in the following exhibit.
FIRE OEP hTMENT SUPPORT COOTS
Total Fire 0oporbnent buAget 17,425,864
minus ops personnel cosh 10<,635,Z961 _
minus EMS penarod coats ($824,913)
plus EMS PwWrn Manager pe sonnel costs $64,1so
plus 3 Shift Commanders personnel costs $258,182 {
minus Fin Preven5ar Olvhlon budget ($280,352)
minus Revenues (f984.6231
In parbnerit upport~ is f1~1aa'60a
G Owrbud oats M40,000
f UP 1. ,
FIT WO IN
Exhibit 1. Demon Fire Department Support Costs jar Operations • FY 1997198
Once the support costs are determined, the next step in finding the operating costs of specific
companies is to decide how to proportionately spar: those costs among the engines, ambulances
and quint. There are thin good factors which should be considered: number of calls, number of
total units, and number of total people. Using cach specific factor to determine the proportionate
share of the operating costs is shown in Exhibit 2.
BASED ON PROPORT*N Of CALL$ C11% Propaton _ Stu oA Cab Par tin'
5 Engines 3,14 42.17 673,$83.52 173, 9Z. -
I Wnt 749.00 10.02% 0111,201.92 8101,261.92
3Ambulances 3.57800 4718% 0770,354,58 SW784.116 {
T476 00 1 DO OD% t, '
PAS get q~ry~¢ Ungoo its P 5m 5a~ 9 coal, Par Via
6 % f894 293n$1i3ab3a3d
7 o puairt Engines e
nt 4,00 11.11% $116,828.56 8176,026.50
3Ambulances 7.00 33.33% 1530.479.56 8176,820.56
t SIAKOW DO
3 9
&$Sf0 ON PROPORTION Of PEOPLE Peoto Proportion S poA Gets Par LkW
,7 00 1 ,t
5Engines 1
0 4.00 16.00% $257,536.00 $257,676.00 Ouint 1
L Ambulances 000 24.00°8 $386.304.00 8120,70801
_ 25 1Wfiad .0-
Fthibit Z. Proponionute Shares of annual Oyararing Costs be Companies. 3 Different Methods
As shown in Exhibit 2, each method gives different proportionate shares. A better method
combines all three factors into one overall proportion. However, not all are equal in O
representative value. Since personnel costs impact costs the greatest, the number of people i
should have is higher value. Therefore, Exhibit 3 lists the proportion of operating costs based on a
combination of all three with number of calls and number of units each receiving a 25% value
and the number of people having a 50% value,
July 1998
9
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EMERGENCY MEDICAL SERVICES COST ANALYSIS
BASED ON PROtsORPM OF CAL (25M UNITE (21%). PEOPLE I50%1
8 of Calls a of UNh a of People Prtportim Supgort Cosh Par t/n6
5 Engines 10.50 11.00% 30.00% 54.50% 77,2 2. $173,44 4
Oulnt 2,50% 2.75% 6,00% 13,25% $213,272.00 $213,272.00
3 Ambulances 12.00% 6,25% 1200% 3215% 1519,096.00 6173,032.00 j
25.00% 25.00% 50.00% 100.00% 1,609,800.00
Exhibit J. Proportionate Shares ofAnnual Operating Costsby Companies
once the step of determining the poporionate shares of supporting costs ere figured, the next
step is to find the costs of the personnel assigned to these units. When staffing a fire department
unit assigned 365 days a year, 24 hours per day, it takes more than just one person to staff each
position. Therefore, in addition to figuring the total compensation (salary, benefits, FLSA
overtime, annual estimated overtime, longevity, certification, etc.), we must establish how many
people it takes to staff each position. Exhibit 4 illustrates the personnel costs for each position on
all the companies. Total compensation is estimated based on top step and full certification.
Leave hours ve averaged for each position based on current usage.
FYI W?W PERSONNEL COSTS
CAPTAIN
Hours to be waked In 1 year 6,760.00 365'24
Hours *cded in 1 Year/employes 2.91200 56 nours'62 weeks
mine annual Sick Lea" usage (180.00)
minus annusl Hai usage (108.00)
minus annual %I*csW usage (240. DO)
Total ho s woAod h 1 year 7,384`00
Employees needed for 1 position 3.87 8780@384
Captain's Tout Annual Compensaton 177,242.00
1Captain's Position Personnel Costs 6283,625.47 $77,242.3,67
RRM
Hours to be worked In 1 year 8,780.00 385124
Hours worked A 1 Year/employee 2,91200 56 houra'52 weeks
minus annual Skit Leave usage (18000)
minus annual Ho(Idsy usage (106.00)
minus annual vecallonusage (218,00)
Total hours worked In 1 year
Employees needed for 1 position 5.61 6,76(V2,108
Mvei's Total Annual Conperdallon 681.947.00
i
I Do ver's Position Personnel Costs $134 M." $64,94113 64
Hours to be worked kt I year 6,76000 386'21
Hours wort ad in I Yearlemployee 2,912.00 5a noura'62 weeks
minus annual Sid Leave usage (180.00)
minus annual Holiday usage (108.00)
minus annual vacaw usage (192. DO)
Total hours worked In 1 year
Employees needed for l posPon 3,80 8, IM2.432
f F's Total Annual Compensation 151069.00
i 1rrePosition Personnalcosts N63,N9.51 $Sf,0694360
Exhibit 4. Annual Personnel Costa for Each Operational ShM Position - FY1997198
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EMERGENCY MEDICAL SERVICES COST ANALYSIS
The proportion of supporting costs and the personnel costs per position have been determined.
The last step is to establish the annual company costs for all companies bard on their staffing
levels which areshown in Exhibit 5. A cost per hour can then be establiiheo for each of the
companies listed in Exhibit 6. '
ANNUAL (FY97t981 ENGINE CO eH $131SlaMVnp of 31
Captain 8203.825.47
Dever !236.268.99
Firerphter 8163.949.19
SUDM Coat 5175.448. D0
Total 3-Parson Engine Company 1171.489.18
ANNUAL (FY971981 ENGINE COMA' COSTS IStaMlna of 41
(
Captain $25382547
Drket $23626699
Firefighters 3367,696,38
6up29A Costa 1175.448 00
Total "*raw Engine Company 81,063,431.84
ANNUAL (FY97.01 ENGINE (QUINTI COMPANY COSTS (Mna of 41
Captsln $283,625.47
Driver 8236.269 99
Freighters $361,898.36
$UPW Costs 8213,272.00
Told 4-Person Engine Company 111101.264.84
ANNUALIFY97681 AMBULANCE COMPANY COSTS &MIna of
Paramedic Delver 1236.268 99
Paramedic Firefighter 8183.949.10
Suoood Coati 8173.032.00
Total 2-Person Amtwlanu Cam 18!3.280.18
Ethibit J, Annual Company Costs • F)' 1997"PS
M11117M COST PER HOUR FOR OPERATIONAL FIRE COMPANIES
3•Panoe Enli Compaq $190
4Panon Enplns Company $121
4Penon Quint Company $126
Paramodle Ambulance Comparl 588
Ethibu 8. f 1,1997,99 Cost Per Hourfor Fire Deparimeni Operaflonal Companies
A WHATARE THE COSTS TO PROVIDE EMERGENCY MEDICAL SERVICES (EMS) TO
THE CITY OF DENTON?
The city presently provides three (3) front line emergency ambulances from Fire Stations 2, 3 and
5. Two Firefighter Paramedics staff each ambulance. Reserve ambulances are stationed at Fire
Stations 1, 4 and 6 as back ups in cases where our front line ambulances arc all on emergency
calls and the City receives another call for emergency, medical services. Reserve ambulances are 0
staffed by the engine company crew from the nearest fire station to the call.
The City responds to certain areas of the unincorporated County under an agreement with Denton
County. The City also responds to several small cities (Argylc, Corinth, Hick, r,/ Creek, Krum,
July 1998
10
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_ EMERGENCY MEDICAL SERVICES COST ANALYSIS
Lake Dallas, Ponder, Sanger, and Shady Shores) in the County under interlokal agreements and
ordinances which are approved each year by the City Council setting the terms and conditions of
the agreements.
In the City, an emergency medical request for service receives the closest engine company and
the nearest paramedic ambulance company. The fire engine responds with at least three
firefighters as "first responders" to quickly stabilize the patient until the arrival of the ambulance.
Normally, the fire engine will also have paramedics on it as first responders. Nearly 75% of all
our firefighters are also certified paramedics. The remaining 25°6 are certified Emergency
Medical Technicians (EMT'r).
Outside the City, an emergency medical request for service receives only the nearest paramedic
ambalanee company. The fuss responders must come from the jurisdiction requesting our
assistance. In most cases, this is a local volunteer fire department.
In 1997, the Fire Department responded to a total of 8,244 emergency calls for assistance. Of
those, 5,800 were emergency medical calls. Obviously, 70.35% of the Fire Department's
business is EMS. The City's three front line ambulances respond to all EMS wills es well as
some fires. Each amhulance averaged 2,044 total responses in 1997, including 1,933 EMS calls.
The EMS workload for an ambulance is therefore 94,6% (1,933/2,D44). In 1997, the ambulance
transport rate was 60.114 of our total EMS calls.
Determining the exact costs to provide EMS is difficult to establish due to the fact that there are
many variables. Do you cost out the first responder? Or just the ambulances? A quick
estimation of the City's cost to provide EMS can be determined as follows.
7T3A:b8i
olaTBudpet --t-~
Tnu°Fmre nreyent fNvslon tTf6355
Fire Depa tmw atlOnal t3
e_we 6eo f - - - TOTAL I DEPARTMENT -
wH 723140
EUiIfoAToe(i833Si~taTt`aTisj---_ --34;fii;7s;
Exhibit 7. Overall City Cost to Provide EMS
Exhibit 7 shows that it costs 54,730,000 dollars to provide the current level of emergency medical
services.
As stated earlier in this report, each ambulance company costs 5593,033. Of that total ambulance
A cost, the estimated EMS cost equals $561,033 (5593,250 X 94.6516) Since each ambulance
averaged 1,933 EMS calls in 1997, the total ambulance EMS cost could be figured as $290 per
each EMS request for services ($593,250/1,933) Unfortunately, since each ambulance only
transports 60.1°6 of their EMS responses, the cost per transport equals 5483 (1,933 X 60.1%
divided by $561,033). Keep in mind that these are for the ambulance only and do not Include the
first responder costs.
COSTING EMERGENCY MEDICAL SERVICES FOR SMALL CITIES? 0 0
the City presently provides emergency medical services (EMS) to several small cities in Denton
county. 'these cities are Argyle, Corinth, Hickory Creek, Krum, Lake Dallas, Pcider, Shady
July 1998 I
11 I
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EMERGENCY MEDICAL SERVICES COST ANALYSIS
Shores and Sanger. The city responds a paramedic ambulance into these cities when called for
medical problems. The first response is by the local fire departments, normally volunteer
departments.
Over the past several years different rates have been charged. The rate has been determined using
a cost per capita. The following exhibit shows the rates since 1989.
P$r C lplta
Fiscal Year Charge
1989-1990 52.75
1990.1991 $2.75
1991.1992 $2.75
1992.1993 $2,75
19931994 $3.50
1994.1995 $4.50
i
19951996 $5.75
1996-1997 $575
1997.1998 $515
Erhibit 8. Small Cities Per Capita Cosr by the City o(Denion
DETERMINING THE PER CAPITA COST OF PROVIDING EMS TO DENTON COUNTY SMALL
CITIES:
I listorically, the cost to the City of Denton to provide EMS to the small cities has been more than
the cost recovered by the per capita rate charged. To more accurately decide what rate should be
charged for this service, the following methodology should be used:
Step 1: Determine the propoNoneto share of one ambulance:
The Small Cities > MS costs should be based on one ambulance, since no other City of Denton
Fire Department apparatus respond on medical calls. As determined earlier, the cost of one
ambulance is 5593,250. The Fire Department's revenues were deducted out when establishing
the operating costs of services. This means that the expected revenues generated by ambulances
transporting patients from the small cities have already been accounted for and has no bearing at
this point in the determination of the cost per capita, However, these revenues can be estimated
as follows:
Currently the City recovers 50% ojbilled transports and averages 61% ojthe
medical calls as transports. The current average payment is .5251. Thus. the
i
estimated revenue can be determined by multiplying the number ojcalls (1, 161)
times transport role (60.6%) rimes the collection rate (5056) time the amount
collected ($251).
` 1,161 EMS calls X 60.6% rramxporl rate A'5006 collection rare
Estimated 199711998 annual revenues generated by Small Cities . $68,880
12 July 1998
a
0
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EMERGENCY MEDICAL SERVICES COST ANALYSIS
As stated earlier, the City responded to 5,800 emergency medical calls for service. The three first
line ambulances thus responded to an average of 1,933 calls per unit. The Small Cities' share of
these calls for service equaled 1,161 responses. The proportion of the use of the ambulance can
be determined by dividing the 1,933 calls per ambulance by the 1,161 Small Cities' calls for
service.
1,161 / 1,933
=
Small Cites'proporoonate share of ambulance ■ 60.196
Sbo 22: Determine the Small CRI"' annual share of the EMS ambulatlc
This can now be determined by multiplying the EMS cost ($561,033) tunes the percentage of
proportionate use by the Small Cities (601/6).
i
F
$361,033 X 60`=6
Annual Cost o(Ambutstwo to Small Woes ■ $134Y68
l 1,
Stop a• Determine the oer capb cost to tM Small Gillet
The true per capita cost to the Small Cities can now be determined by dividing the total cost
(5336,968) by the total population (25,050):
$336,968125,030
True per capita coat of 1 ambulance ■ $13,43
The following exhibit illustrates some ofthe relationships of the Small Cities and the cost of
emergency medical services in their jurisdictions
coo Current
Cost (113.45) (15.71)
EMS Pop. %of besedan per chirps
SMALL CITIES: tons III" a0e %ofuss Cepaa W. CIPRI
Argyle 129 2,100 111% $37,441 $28,245 112,075
Corinth 193 7,300 18.6% 1558,018 $98,185 $41,975
Hickory Creek 53 2,050 4.8% $15,363 $27,573 $11,188
Krum g1 1,800 7.8% 128,412 $24,210 110,350
1 Lake Deus 283 5,550 24.4% $82,138 174,648 $31,913 l
Ponder 51 450 4.4% $14,802 18,053 12,588
Shady Shores 26 1,550 2.2% 7,548 120,848 $8,913
Sanger 335 4250 28 g% $97,230 151,163 $24,438
1,161, 25,050 100.0% $336,081 1338,923 1144,031
• Frhlbll 9. SMOU cities F.AY$ Corry ~ ~ •
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Agenda No
Aprnda Item_._
Date--:I 1.
AGENDA INFORMATION SHEET
AGENDA DATE: July 21,1998
DEPARTMENT: Fire Department
CM/DCM/ACM: Michael Jez, Assistant City Manager/Operations
SUBJECT:
Consider adoption of an ordinance establishing fees to be charged for emergency ambulance
services and standby emergency ambulance services in the City of Denton as provided for in
Sec. 27-102 of Article IV of Chapter 27 "Vehicles for Hire" of the Code of Ordinances of the
City of Denton.
BACKGROUND:
Staff has requested a change in the current ordinance which determines fees charged for
emergency ambulance services. Section 27-102 of Article IV of Chapter 27 of the City's
Code of Ordinances on "Vehicles for Hire" governs the use of our emergency ambulances.
This requested ordinance changes our existing fees as well as adds some new ones.
The city presently pmvidea •hree (3) front line emergency ambulances from Fire Stations 2, 3
and 5. Two Firefighter Paramedics staff each ambulance. Reserve ambulances are stationed
at Fire Stations 1, 4 and 6 as back ups in cases where our front line ambulances are all on
emergency calls and the City receives another call for emergency medical services, Reserve
ambulances are staffed by the engine company crew from the nearest fire station to the call.
The City responds to certain areas cf the unincoiporated County under an agreement with
Denton County. The City also responds to several small cities in the County under interlocal
agreements and ordinances which are approved each year by the City Council setting the
terms and conditions of the agreements.
In the City, an emergency medical request for service receives the closest engine company
and the nearest paramedic ambulance company. The fire engine responds with at least three
firelighters as "first responders" to quickly stabilize the patient until the arrival of the
ambulance. Normally, the G.e engine will also have paramedics on it as first responders.
Nearly 75% of all our firefighters are also certified paramedics. The remaining 25% are
certified Emergency Medical Technicians (EMI's).
Outside the City, an emergency medical request for service receives only the nearest
paramedic ambulance company. The first responders must come from the jurisdiction
• requesting our assistance. In most cases, this is a local volunteer fire department. 0 •
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There are several important reasons for this requested ordinance:
The last change of emergency ambulance fees was in 1993.
Our current emergency ambulance service fees are determined by Ordinance No. 93-151
which was passed by the City Council on August 24,1993. It sets a basic transportation rate
of $200.00 and also sets charges for certain medications and disposable goods. In addition, it
provides a mechanism to charge $300.00 for the emergency transfer of a patient requested by
an attending physician to a hospital within a one-hundred mile radius of the City and outside
Denton County. If the hospital is outside the one hundred miles, an additional $300.00 will
be assessed.
Our costs to provide emergency medical services have increased substantially.
The first fiscal year (FY1993/1994) that this ordinance became effective, the Fire
Department's budget was $5,684,398. However, our existing budget (FY1997/5998) is
;7,428,864. Since the last ordinance was adopted in 1993, our budget has increased 31%
percent. While our costs have increased substantially, our charges for ot.r emergency
ambulance services have not increased since 1993. The budget for next fiscal year will most
likely continue this upward trend.
An EMS Cost Analysis Study completed in July, 1998, determined it costs the City of
Denton $290.00 for every emergency medical ambulance call for service. This does not take
int,) account the cost of the first responders, only the ambulance. Neither does the $290
consider that the City only transports 60.1% of those requests for services. Figuring just the
costs for the actual number of transports, the actual cost would be 5483 per transfer.
This ordinance proposes to raise our basic emergency ambulance transport fee from $200.00
to $250.00 which is a 25% increase.
The fees reflected in the ordinance are more in line with other area emergency medical
services prov en.
In a recent survey of sixteen (16) area emergency ambulance rrnviders (attached), the
average basic transportation charge was S219. The basic fee ranged from a low of $125.00 to
a high of $275.00. Of the providers surveyed, the most common basic transportation rate
was $250.00.
In addition, most (73%) of the providers charge a different basic emergency ambulance
transportation rate for non-residents of their jurisdiction. Of these emergency ambulance
providers, the average non-resident basic transportation charge was $303.00.
Some (25°n) of the providers charge a per mile fee for emergency ambulance services from O
the scene of the emergency to the hospital. This mileage charge ranged from 52.00 to $5.00
per mile. Mileage charges are a standard in the ambulance industry.
2
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Two providers now charge a non-transportation fee in those emergency incidents where a
patient is assessed and treated and then refuses transport. Both charge $50.00 whenever a
patient is treated and refuses transport.
'f he ordinance changes our present Health Care Finance Administration methodology.
The Health Care Finance Administration (HCFA) establishes the limits on charges that will
be paid out by Medicare which ultimately results in what rates insurance companies will pay
out for emergency ambulance services. The HCFA uses four methods of billing for
emergency ambulance services. The HCFA mandates that all emergency ambulance
providers state formally which method they will use and the provider: must then use only
that method. These methods were introduced in January, 1995, and reflect how a provider
bills for their services.
y HCFA Method 1: This method is a simple, all inclusive charge, reflecting all services,
supplies and mileage using one code.
i
HCFA Method 2: This method is one charge, reflecting all services and supplies, with
separate charge for mileage.
➢ HCFA Method 3: This method is one charge for all services and mileage, with a
separate charge for supplies.
This is the current HCFA method used by the City of Denton.
y HCFA Method 4: This method uses separate charges for services, mileage and supplies.
This is the HCFA method being proposed by the ordinance.
At a recent conference on ambulance billing, a nationally recognized expert in ambulance
billing stated that all providers should be using method 2 or 4 for the most cost effective
recovery of actual costs. The proposed ordinance formally and officially changes the city of
Denton from HCFA method 3 to HCFA method 4.
Several new feet are requested.
In addition to a new basic emergency ambulance transportation rate of $250.00, the new
ordinance sets some new fees for ambulance services.
v A Non-Resident basic transportation rate of $300.00. As shown previously, emergency
ambulance services cost more than the amount recovered. This means that City of
Dcnton tax payers partially subsidize this valuable public safety service. This fee charges
non-residents, or non-taxpayers in the city of Denton, a slightly higher fee than someone
w' is already paying taxes for quality emergency medical services. The survey of other
• emergency ambulance providers shows that charging non-residents a higher f"t is it
Q 0
common occurrence.
> An updated and more extensive list of disposable goods and medications. 1
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A Non-Transport charge of $50,00 for patients who are assessed and treated but refuse
transport or are transported by another emergency transpofation source, such as
Careflight. This wilt help recover some of our costs for disposable goods and dares. A
good example !s F% patient with an emergency condition, who has an IV set up and the.i as +
the patient feels better, refuses transport. In addition to using supplies that cost the City
money, the staffing and equipment also cost the City money as well as puts the units out
of service and unavailable to othars needing emergency assistance for an extended period
of time.
Some operati,)nal charges not chargtd for in the past:
CPR, weight over 30opounds,defbrillarion,12.leadt,KG,bandaging/spilming,Pali-n± 1
carried down stairs, cardiac monitoring, gh,comerer for blood:ugar.
These are all services that present some additional risk to firefighters and/or require
specie, zed expensive equipment.
r A fee for mileage of $3.00 per mile. Tar mileage is figured from the scene of the
emergency to the receiving hospital. Each f mr, line ambulance currently averages about
40,000 miles per year. Anew ambulance costs S125,000 along with $50,000 worth of
specialized equipment. At 40,000 miles per year, the useful service life of the City's
ambulances extends to only three (3) years. This mileage charge helps recover the cc rats
of operating our ambulances Lnd the excessive wear and tear cased by responding to
over 5,800 m-dical emergencies per year.
It establishes standby fees for our emergency ambulance services.
Currently, when an ambulance is requested for a special event such as a football game
(required by law), the City provides air ambulance with firefighters being paid overtime. The
casts are reimbursed buk to the City; however, the charge does not recover the full et sts and
is only for the amount of time actually spent at tlr event.
In the p, st. off-duty firefighters were paid directly at a rate negotiated by the firefighters) for
staffing a City ambulance at a special event. In addition to the risks involved, the City did
not recove • any of the costs associated with previdinv, the equipment and ambulance. This
coverage of special events by City ambulances is no longer allowed; however, we receive
requests 'or coverage at events such as rodeos, concerts, football games, races, eta
• This ordinance establishes a rate of $68.00 per hour for the use of a City ambulance with a '
two-person crew and mandates a four (4) hour minimum. The $68.00 per hour cost was
determined in an Emergency Medical Services Cost Analysis in July, 1999. Time must be
spent checking out the ambulance prior to the event, driving to and from the event and then
cleaning the ambulsnc; after the event. This charge is far the standby of the ambulance only.
If an emergency hap; ens at the event and a patient is transported, all other charges tha! are
• incurred by the patient are billed according to the ordinance. 0 •
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.t ..,r.w'ww,_ix,:'.Y?,;£", Ie~R"r~'. ;r.Wt'k"~r:tr.i9:':t:"2. yk'N.'A51MMBPk 44P_tinier,M'CAPFpI-4bFYi1tA+.^v-T.~,du ap..r a..k..FISCAL INFORMATION:
r
City to recover a greater portion of the actual costs of
:s new ordinance w~ 11 en le the ~
providing emergency ambulance services.
Staff estimates that revenues will increase from the FY 1998/1999 budgeted amount of
$477,527 to $570,750. The budgeted revenues were estimated on the current average of [
5251.00 per bill with a 501/6 collection rate for an estmta.ed 3,805 transports in the coming
year. The new revenue is estimated using $300.00 as the expected average amount billed
with a 50% collection rate. 1
Respectfull Submitted: / = .
. r d
Ross Chadwick
Fire Chief
Attachments:
Emergency Ambulance Service Provider Survey
Civ council Presentation Slides
Proposed Ordinance for Emergency Ambulance Service Fees
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SURVEY OF AREA EMERGENCY AMBULANCE PROVIDERS
June, 1"s
Agency Resident Non•Raident Mlksge Supplies Non-Transport
Transport Trnn.port SPer MIle Charge? Charge?
Colony 5250.00 same none no no
Cirroiltoo $250.00 5310.00 none no no
Fkwer Mound $153.00 1210,00 none yes no
I
Lewisville $153.00 5300.00 none no 150.00
j
Dallas $241,00 1341.00 none no no %
DFW 5250.00 same none no no
Desoto 5225.00 same none no 130.00
Euless $230.00 5400.00 none no no
Farmers Branch $125.00 120000 non no no
I
Garland $250.00 050.00 yes yes no j
Grapevine 1200.00 $30000 no yes no 1
i
Irving $225.00 same no yes no
'i
McKinney $273.00 $330.00 54.00 no no
North Richland
141111 $230.00 $343.00 $2.00 yes no 1
Richardson $200.00 $230.00 no yes no
Rowkll 1200.00 5300.00 $5400 yes no i
Aerrede S210.00 3303.00 0.66 MAX
CITY OF DENT=
Current VWX same ao yet ao
Proposed 1250.00 S W.00 53.00 yes 110.00
!S
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EMERGENCY AMBULANCE FEES
City Council Presentation - July 21, 1998
City of bmton WHY CHANGE THE '
EMERGANCY
MENCAL SERVICES EMERGENCY AMBULANCE
(EMS) ORDINANCE?
NEW • Loot Chomps was 1993.
Emergency ' EMS Casts Have Increased.
Ambulance Fee 'Fees More In Line with
Ordinance Other EARS Provldcn.
WHY CHANGE THE LAST CHANGE
EMERGENCY AMBULANCE WAS IN 1993
ORDINANCEP
' New Health Cara finance ' Ordinance W. 93-151 passed
Administration (HCFA) Method 1993" Council August 24,
Requested. Transportation rate a $200.00
' New fees Requested, oFess charged for varkw drugs
Standby Emergency Ambulance. and dispasabie goods.
Z*Emergeacy Transfer ■ $300.00
OUR COSTS HAVE OUR COSTS HAVE
INCREASED INCREASED
' Fin Department budget in
F11993/194 ■ $3, 684, 398 ' based on the current number of
emergency med"I calls for
Fire Department budget in service, it costs $290.00
FY1997/1996 • $7,428,064 per call for each Ambulance.
9
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EMERGENCY AMBULANCE FEES
City Council Presentation - July 21,1998
OUR COSTS HAVE FEES MORE IN LINE WITH "
INCREASED OTHER EMS PROVIDERS
• Average RESIQQ¢ AmbWw4
• Baud on our 60.1%troneport rate, Transportation Rate • $219.
it actually toss $483.00 per $115,1 $jw.I free=1
transport for each AmWeve. f2g0.3 $21,54 $1.1b+l
/ ,fYll+f ,~Z~+Q f2TJ'1 III
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FEES MORE IN LINE WITH FEES MORE IN LINE WITH
OTHER EMS PROVIDERS OTHER EMS PROVIDERS
' Averape NON-RESIDENT • Some (25X) charge MILEAGE.
AmWanee Transportation
Rate • $303. $1.00 to ;S. CIO
75% charge a HIGHER Fee for • Some (13X) charge NON-
Non-Redder" of Their TRANSPORT Foe.
cammurities. $30.00
NEW HEALTH CARE NEW HEALTH CARE
i FINANCE ADMINISTRATION FINANCE ADMINISTRATION
METH'JDLOGY METHODW&Y i
' HCFA METHOD #1: ' HCFA METHOD 02:
.Simple, all fne/uefN chage, tAu ehmp, ivflac" e!1 urvka 5
nt7eetliv alt m%*#r, gw#mi end ego#Ifee, ed eeparoAe
and mpeope. ehmge far anew. O e
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EMERGENCY AMBULANCE FEES
Cii f Council Presentation - July 21, 1998
NEW HEALTH CARE NEW HEALTH CARE '
FINANCE ADMINISTRATION FINANCE ADMINISTRATION
METHOMMY METHODLOGY
• HCFA METHOD #3: • HCFA METHOD 04:
0e00n CY/RRE?VT AteMod PRC9V50 Method
One charge, far all servkes and Separate ah*W for seMces,
mfleape wfm a sepmmft ehaga mgeage and sspplles.
for Awles.
NEW HEALTH CARE NEW FEES BE?N6
FINANCE ADMINISTRATION
METHOMOGY REQUESTED
MOST Amk* me Providers AN elOwr - Non-Resident Fes of 13010.00.
Method 1 or Method 4. - Updated 0lspoable Goods and
Meditations.
Avposolr HMS Method 4. - Non-Transport Charge of
1so.oo.
NEW FEES BEING NEW FEES BEING
e REQUESTED REWESTEO ;
• Soma Operational Charges Not - seed Operational Charges Not
charged for in the Oast: Charged for in the last.
~Gi°R ~Aandapgp/Splinhrq ~
~We"t vvw S Ponds aPa*ls~N Carried Down stoft
DeftMllaNon oedrekv Monltorfey
alt-leadW ~GhromeNer, Akodsopar 0
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e+:"1~1'f~C41k'YM1Crj"MI.M3'AhaRV,kY.n~n
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EMERGENCY AMBULANCE FEES
City council Presentation - ruly 21, 1998
STANDBY EMERGENCY
AMBULANCE CHARGES
special fveM~ Cov~o~ (tootea~l ~ .
r yoau~, raea, rodaa, eaneeMa, l
ate.) Nudinp Om Ae+bu wG
$68.00 pw l*w ;
4 Hoar M/n/rrxan
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO BE
CHARGED FOR EMERGENCY AMBULANCE SERVICES AND STANDBY EMERGENCY
AMBULANCE SERVICES IN THE CITY AS PROVIDED FOR IN SEC, 27.101 OF
ARTICLE IV OF CHAPTER 27 "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES
OF THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has analysed and studied its fees for emergency
ambulance services; and
WHEREAS, the City of Denton should overate a cost-effective and efficient emergency
medical senice; and
1101HEREAS, the City of Denton desires to change its Health Care Finance Administration
(HCFA) Method from HCFA Mcthod #3 to HCFA Method 94; NOW, THEREFORE,
'f HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That fees are hereby established for emergency ambulance services in the
City provided pursuant to Sec. 27.102 of the Code of Ordinances as follows:
1. A basic transportation fee of two hundred fifty dollars (S250.00) will be charged each patient
who is a resident of the City of Denton transported from the scene of an emergency to a City
of Denton or Denton County hospital. In addition, a fee of three dollars (S3.00) per mile
from the incident location to the receiving hospital will be charged.
2. A basic transportat;-n fee of three hundred dollars (Si00.00) will be charged each patip.tt
who is a no3Lresidg of the City of Denton transported from the scene of an emergency to a
T City of Denton or Denton County hospital. In addition, a fee of three dollars ($3.00) per mile
from the incident location to the receiving hospital will be charged.
3. Additional fees, if incurred, shall be charged as follows:
a, A fee for each medication and,'or disposal good administered to each patient which will
be billed based on the current price schedule which will be reviewed, and amended if
necessary, at the beginning of each budget year.
b. A 525.00 fee for battdaging'spfinting. 0 ~
c, A $23.00 fee for cardiac monitoring.
12
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d. A $30.00 fee for cardioversion,
e, A $50.00 fee for administering Cardio Pulmonary Resuscitation (CPR).
f A $30.00 fee for defibrillation.
g. A $30.00 fee fjr diagnostic 12-lead EKG.
h. A $25.00 fie for patients in excess of 300 pounds.
i. A 510.00 fee for glucometer, blood sugar.
j. A $30.00 fee for pacing, non-invasive.
k. A 525,00 fee for carrying a patient down stairs.
1. Fees for additional supplies, medication and/or disposal goods administered to each
paticut will be chargeO and billed in accordance with the schedule of prices and charges
attached to and made a part ofthis ordinance for all purposes as Exhibit'-A".
m. A non-transport fee of $50.1 n, in addition to the, costs of the medications and supplies,
will be assessed if medication and/or supplies are used and the patient refuses transport or is
transported by another emergency transport source.
SEC'171ON 11, That the City shall charge an emergency ambulance standby fee of sixty
eight dollars ($68.00) per hour with a four (4) hour minimum for the use of any City of Denton
emergency ambulance for standby at special events such as football games, rodeos, concerts, etc,
If any patient is transported, the other fees in the ordinance shall be charged as incurred.
SECTION 111, That a copy of this schedule of fees and the annual medication and
disposal of goods schedule of fees shall be maintained on 11j'.- in the office of the City Secretary.
; FCTI,J IV. That all ordinance or parts of ordinance in force when the provisions of
this ordinance become effective which are inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECT IQ,y V That if any section, subsection, paragraph, sentence, clause. phrase, or
word in this ordinance, or application thereof to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, the City Council of the City of Denton hereby declares that they
O would have enacted such remaining portions despite any such invalidity. 0 ,
EC"f! That this ordinance shall become effective immediately upon its passage
u~t and approval.
Page 1
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PASSED AND APPROVED this the day of 1998. f
I ,
JACK MILLER, MAYOR
ATTEST: i ;
' JENNIFER WALTERS, CITY SECRETARY
BY: .
APPROVED AS TO LEGAL FORM:
HERBERT L, PROLITY, CITY ATTORNEY
B Y:
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EXHIBIT "A"
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DRUGS Em
ACTIDOSE CHARCOAL 51364
ADENOCARO BM0 $51.00
ALBUTEROL $120 i
AMMONUI CAPS $1.550
ASPIRIN 81 MG 0.75
ATROPINE IMO 5,25
BENADRYLSOMO $5.00
BRETYLIUM 500M0 7.08
CAPOTEN 25MG $1.50
DEXTROSE 50% 240M 6,14
DOPAMINE400MG12SODSW 22,23
EPINEPHRINE 1MG 11,000 5.82
EPINEPHRINE IMO Y10,000 6.14
LASiX 40MG 54.75
LIDOCAINE 1GM1250DW 5.54
LIDOCAINE 100MG $11.40
MAZICON 0.5MG12ML 59.08
MORPHINE $3.60
N.S. IRRIGATION 250ML $5.10
NARCAN 1MG12ML $18.85
NITROSPRAY $3.0000SE
NITROUS OXIDE $25.00
NORMAL SALINE IV 1000ML 5100
OXYGEN $15, 00
SODIUM BICARB 50mEq 3,32
TETRACAINE 112% SOL, 568
VALIUM 10MG INJ. $1210
PROCEDURES EF.F.8
BANDAOINGISPLINTINO $25.00
CARDIAC MONITORING $25,00
CARDIOVERSION $3000
M CPR ADMINISTERED $60.00
OEFIBRILLATION $30.00
DIAGNOSTIC 12-LEAD EKG $30.00
EXCESSIVE WT. 3- 300LBS 525.00
GLUCOMETER, BLOOD SUGAR $10,00
PACING, NONaNVASIVE $30.00
PT, CARRIED OU;'N STAIRS $25.00
• BODI SUBSTANCE ISOLATION
LEVEL 2 PER CAREGIVER $7.50 0
LEVEL 3 PER CAREGIVER $10.00
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DISPOSABLE GOODS FFFA
AIRWAY, NASAL, ANY SIZE 84.80
AIRWAY, ORAL, ANY SIZE 0.42
_SMBU48VM, CAPNO-FLO $37.60
BANDAGE, TRIANGULAR $2.10
Bsod,Ald, ANY SIZE $0,60
BLANKET, YELLOW 8.90
CATHETER, IV BUTTERFLY 1.28
CATHETER, IV INTRAOSS. 21.64
CATHETER, IV MEDIPORT $2250
CERVICAL COLLAR, ANY SIZE 15.86
COLD PACK 1.68
E.T. TUBE, ANY SIZE 9.24
ELECTRODES, ANY SIZE $2.30
EMISIB BASIN/ BAGS $0.75
ENDO-LOCK 16 27
EYE PAD 0.75
EYE SHIELD 8250
GAUZE, 4X4, SINGLE $0,50
GAUZE, PETRO! EUM 3.13
tIAUZE. 4X410 PACK TUB t66
GLOVES, STERILE $2.00
HEAD BED 86.60
HEAD ON BLOCKS 6.46
HOT PACK $1.70
KLING, SOF, STERILE 4" 1.42
OB KIT $12,00
OXYGEN DELP&RY DEVICE 54.00
PACING PADS, NON4NVASIVE 01.00
PILLOW, DISPOSABLE 24.07
SHEET, BURN 10.54
SHEET, DISPOSABLE $250
SOLUTION SET, IV, MINIORIP 6.16
SOLUTION SET, IV, REGULAR 5.34
SPLINT, PADDED, ANY SIZE 10.72
• SUCTION CANISTER, ANY 5.54
SUCTION DEVICE, ANY S5.60
SUCTION, V-VAC, CARTRIDGE 17.48
SWADDLER, SILVER $11.00 I`
TAPE, ANY APPLICATION 0,75
VENIOARD $0,80
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Agenda gre/m-__
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AGENDA INFORMATION SHEET
AGENDA DATE: July 21, 1998
DEPARTMENT: Utility Administration
I
ACM: Elo"ard Martin, 349.82.12
BJFCT AN ORDINANCE CALLING A PUBLIC HEARING ON THP, ADOPTION OF A
CAPITAL IMPROVLMENIS PLAN A,~D WATER AND WASTEWATER IMPACT
FEES IN ACCORDNNC'E WE III CIIAPTER 395 OF 'HF; LOCAL GOVF,RNMENT
CODE.; REQL'IRINO IIIE CITY SECRETARY TO POST NOTICE OF THE PUBLIC
HEARING AND TO PROVIDE ADDITIONAL NOTICE, 01' TI FE PUBLIC HEARINU
AS SET FORIIF IN THE BODY OF THIS ORDINANCE; AND PROVIDING AN
1'1FFECIIVL' DATE.
BACKGROUND
According to the memorandum to the Council on June 19. 1996, the impact fee schedule
had been revised continge^,t on recommendation of the impact fee by the Denton Capital
Improvements Ad%isorv Committee (see Exhibit I - Revised Impact Fee Schedule). In
the Jul), 8`h meeting the Advisory Committee recommended adoption of the impact fees
at 1001iS, collection of the impact fee at issuance of Building Permit, and requested the
Council to consider an exemption for infill, affordable housing "here the impact fee
amount is greater than 5(y'-o of the appraised value of the residential lot. Bawd on the
Advisory C'ommittee's recommendation, staff recommends that Council set a hearing
date of Septembe I, 1998 for a public hearing on the Phase I Impact Fees. This will
allow for a r.iandatory 10 to 60 day public revic" time as specified by Chapter 395 of the
Stine'a I.ocal Government Code,
Phase I Impact fees cover the costs associated with raw water supply, centrallUd Water
storage, production and treatment facilitit and wasimater treatment facilities. TTte
second phase of impact fees AW cow Water transmission and distribt'tion, and
wast.w3ter collection facilities. it "ill be bawd en a pre''erred development scenario
resulting from the comprehensive planning effor
F;STI,MATED S '1 ED !L( F OF EULI 4
A See Exhibit l Revised Impact Fee Schedule O
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PRIOR ACI IONIREVIFW ICauncll Boards Com I s
Council briefing on process considerations for enacting impact fees, October 28, 1997, w
Council briefing on the comprehensive plan, December 16, 1997.
Council briefing on impact fees, January 13, 1998.
Council approval of Professional Services Agreements for impact fees implementation,
February 17, 1998.
Council approval of ordinance creating the Denton Capital Improvements Advisory
Committee, March 17, 1996
Council approval of ordinance to set a hearing date on Land Use Assumptions, April 21,
1998.
Council approval of Public hearing on Land Use Assumptions on June 2, 1998.
Memorandum from Howard Martin, June 19, 1998-Phase I Impact Fees.
DCIAC briefing on impact fees, June 24, 1998.
DCIAC briefing on impact fees, Jul) 8, 1998.
KCAL INFORNIATIUN
None
Respectfully submitted:
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Jil Jordan ~ ~
Director Water Utilities
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Exhibit I: Revised Impact Fee Schedule
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Revised Impact Fee Schedule
Task Dates Assuming that we base Land l Use
Ass roptions on Market Forecasts
Council appoints Adv Board 17-Mar
Rust briefs Council and Adv Board on 24-Mar
market forecasts
Rust modifies forecasts as appropriate 3125-4!15
Council sets hearing date 21-Apr
Adv Board recommends land use 22-Apr y ° -
assumptions '
Mandatory 30-60 day public review 4122-612
Council holds public hearing 2-Jun
Council adopts land use assLImptions 16-Jun
AOT/Duncan reviews existing plant info 311SAI10
AOTJDuncan prepares 10-yr CIP 4113-5131
PUB review I-Jun {
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City Council review 9-Jun
Adv Board review and recommendation 24-Jun P
• Council sets hearing date 21-July
Mandatory 30.60 day comment period 7122-8123
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Council holds public hearing 1-Sept
• Council adopts fees 15-Sept. • •
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ORDINANCE NO,
AN ORDINANCE CALLING A PUBLIC ]SEARING ON THE ADOPTION OF A CAPITAL. ,
1hIPROVEMENI'S PLAN AND WATER AND WASTEWATER IMPACT' FEES IN ACCOR-
DANCE WI HI CI IAPTER 395 OF 111E LOCAL GOVERNMLN T CODE. REQUIRING 1 HE
C'fI Y SECRETARY TO POST NOTICE OF IHE PUBLIC HEARING AND TO PROVIDE
AD011110NAL NOTICE OF HIE PUBLIC MARINO AS SET FORM IN THE BODY OF
'I I IIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 17, 1998, the City Council passed Ordinance No. 98.081 ap-
pointing the Planning and Zoning Commission members and one additional ad hoc member from
the extsalerritorial jurisdiction of the City as the Denton Capital Improvements Advisory Com-
mittee ("Committee"), in accordance with Tex. Loc. Gov't Code §395.058 to study and make
recoumrendations concerning the imposition of impact fees; and
W1 WREAS, after the Committee made its recommendations to the City Council, the City
Cow% I called a public hearing by passage of Ordinance No, 98.111 on April 21, 1998, held a
public hearing to consider land use assumptions related to the possible adoption of impact fees to
recoNcr costs related to water and wastewater treatment facilities on June 2, 1998, and passed an
ordinance adopting the land use assumptions on June 16, 1993; and
W11FREAS, the Committee shall file its written recommendations on the Capital Im-
proveincnts Plan and impact fees before the filth business day before the date of the public
hearing on the Plan and impact fees in accordance with Tex. L.oc, Gov't Code §395,050; and
NVI ILREAS, the City Council deems it in the public interest to set a public hearing on the
adoption of the Capital Improvements Plan and the adoption of impact fees; NOW, THERE-
I ORE.
111F COUNCIL 01 1 I IF Cl I Y OF DENT ON IIE',RE-BY ORDAINS,
5EiC170 jII. 1 hat +he City Council hereby calls a public hearing to be held in the City
Council Chambers in the Municipal Building at 215 East McKinney Street, Denton, Texas el
1 0 7:00 p.m. on Scplember 1, 1998 to consider the adoption of the Capital Improvements Plan and
the imposition of the impact fees within a designated service area that includes an area both
witljin the corporate city limits of Ucnlon and portions of its extralerritorial jurisdiction as more
fully shown on the attached notice of public hearing relating to the possible adoption of the
0pital hnprovcrnents Plan and impact fees to recover costs related to water and wastewater
treatmci t facilities,
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5l:C'I ION I!. that the City Secretary and tte Director of Water Utilities are hereby di•
rated Io publish notice of the hearing once a week for three consecutive weeks, the first notice
to appear before the 3014 day, but on or alter 60'h day before the above date set for the hearing, in
the Denton Record-Clirunlele, said notice to be substantially in accordance with the notice of
public hearing which is attached to and made a part of this ordinance rot all purposes and in
compliance with i'ex, Luc, Gov't Code §395.049. On or before the 30'h day before the date of
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the hearing on adoption of impact fees and the Capital Improvements Plan, the City Secretary
and the Director of Water Utilities are hereby directed to send a notice of the hearing by certified
mail to any person who has given written notice by certified or registered mail to the City Sec-
retary or other designated official of the City requesting notice of the hearing within two years
preceding the date of the adoption of the ordinance setting the public hearing. The notice of
a public hearing may not be in the part of the paper In which legal notices and classified ads ap-
pear, and may not be smaller than one-quarter page of a standard-size or tabloid-size newspaper,
and the headline on the notice must be in 18-point or larger type. 1
SECTION III. That on or before the date of the first publication of the notice of hearing
on the Capital Improvements Plan and the impact fees, the Director of Water Utilities shall make
available to the public the City's Capital Improvements Plan in compliance with Tex. Loc. Gov't
Code §395.048 in the office of the City of Denton Water Department located at 901A Texas
Street, Denton, Texas.
SECTION IV, That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the day of , 1998.
JACK MILLER, MAYOR
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ATTEST:
JENNIFER \VALTERS, CITY SECRETARY
BY:
' APPROVED AS TO LEGAL FORM;
HERBERT L. PROUTY, CITY AT] ORNEY
BY' -
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NOTICE PUBLIC HEARING ON ADOPTION OF IMPACT
FEES FOR WATER AND WASTEWATER FACILITIES
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TIME, DATE, AND LOCATION OF PUBLIC HEARING
CITY City of Denton
s
TIME and DATE During regular City Council meeting which begins at 7,OOP,
on September 1, 1998
PLACE Council Chambers In the Municipal
Building at 215E McKinney, Denton, Texas DENTON CCN SERVICE AREA MAP
The City Council will hold a Public Hearing on the above WATER & SEWER JJJIM
date, lime, and location. The purpose of the Public
Hearing is to consider the Adoption of in Impact fee for ADDITIONAL
Raw Water, Water Storage Facilities, and Water-Wastewater SEWER ONLY
Treatment Facilities The service area on which these
impact fees will be levied is within the City oFDenton
CCN area for Water and Wastewater Facilities which
includes the corporate limits of the City of Denton and
area within Denton's Extraterritorial Jurisdiction which
service area is more fully shown on the Service Area
Map made apart of thisnodce The amountofthe
proposed Impact Fee per service unit isms fol lows,
Pts?Ptsss9~i4:^?':.m_ImyasD_FseFs~r Ssai~t_4'niS
Pct}14': µ'jD¢r~icisrl eiiauiyu~s
Water. $2,044
Wastewater- S 487
Any member of the public has the right to appear at
the heanng and present evidence for or against the Capital
Improvements Plan and the adoption of the proposed
~ Impso fee Copies of the Capital Improvements Plan
• including the time period of the projections and a
description of the generat nature of the capital Improvement
facilities that may be proposed are available and may be
obtained from or inspected at the City of Denton Water
(NOT TO SCALE)
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Department located at 901-A Texas Street, Denton, Texas
All members of the Public are encouraged to present their
e vieA%altheHearing
Jennifer Walters Jill Jordan
City Secretary Director-Wafer Utilities
Denton Texax Donlon Texas
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AGENDA INFORMATION SHEET
AGENDA DATE-, July 21, 1998
DEPARTMENT: Finance Administration
AC11I: Kathy DuBoseI
SUBJECT
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DISSOLVING THE
INFORMATION SERVICES ADVISORY BOARD AND REPEALING
ORDINANCES 79.81, 82-09,84-06,96-25S AND ANY OTHER ORDINANCE OF
THE CITY OF DENTON, TEXAS, TO THE EXTENT OF ANY CONFLICT;
CONVEYING THE APPRECIATION OF THE COUNCIL TO ALL CURRENT AND
FORMER MEMBERS OF THE DATA PROCESSING ADVISORY BOARD; AND
PRESCRIBING AN IMMEDIATE EFFECTIVE DATE,
BACKGROUNb
The Information Services Advisory Board (ISAB) was established in 1979 with a 2-year
sunset clause. At the time, the City was evaluating which approach to data processing it
was going to adopt,
The City did not have a Director of Information Services position. It was examining
options such as outsourcing, in-house development and package software with a
maintenance staff. The ISAB was comprised of data processing professionals who
assisted the City's management in their evaluation process.
During the 1979.82 time frame, management considered and evaluated many systems
with recommendations "rom the ISAB, In 1982, the Council extended the Board'- life for
two additional years because there were a number of systems left for it to evaluate. In
1984, at the end of that period, Council Member Ray Stevens suggested that the ISAB
become a permanent advisory board with meetings on an as-needed basis. Since that
time, funding for new systems became scarce and the ISAB met intermittently to discuss
maintenance contracts and other recurring items that were to be presented to Council.
At this time, the City has completed the Long Range Information Services Strategic Plan
with the assistance of an Information Services specialist. The City has an Information
Sen ices department headed by a very capable director and staff that are responsible for
the implementation of the plan over the next five years. The City has also completed
several facets of the plan including acquisition rind deployment of personal computers,
integration of local area networks, development or a training program associated with our
suite of off ce software, and acquisition of several system applications.
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The Information Services Advisory Board is the only board in the City for an internal
service department. Members of the ISAB have questioned their purpose and requested a
survey of other similar boards. After surveying more than twenty cities throughout
Texas, City staff found no other city with such a board.
Like Denton, many cities use internal committees, The City's internal committees are
comprised of managers and users with oversight responsibilities for the selection and
implementation of the systems upon which they depend. The Information Services
Department is an internal service department, staffed with a group of professionals and
we have developed and adopted a long-range technology strategy with only
implementation issues with which to deal.
This ordinance from the City Council recognizes the Board's service to the community.
Honoring the members in this public meeting is a fitting close to an extremely successful
endeavor,
FISCAL INFOP3I[AT10N I
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No financial impact.
Respectfully submitted:
~Stk
Kathy Du se
Assistant City Manager
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ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS DISSOLVING THE INFORMATION
SERVICES ADVISORY BOARD AND REPEALING ORDINANCES 79-81, 82.09, 84-06, 96-
255 AND ANY OTHER ORDINANCE OF THE CITY OF DENTON, TEXAS, TO THE
EXTENT OF ANY CONFLICT; CONVEYING THE APPRECIATION OF THE COUNCIL TO
ALL CURRENT AND FORMER MEMBERS OF THE DATA PROCESSING ADVISORY
BOARD; AND PRESCRIBING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, by Ordinance 79-81, the Council of the City of Denton, Texas established a
Data Processing Adviscry Board to provide leadership, guidance, and needed assistance to the City
Council in decisions involving the selection, maintenance and procurement of data processing
hardware, software, and services; and
WHEREAS, through its service to the Council and the citizens of Denton, the Data
Processing Advisory Board proved its worthiness over the nearly two decades which followed,
prompting the City Council to perpetuate the Data Processing Advisory Board in Ordinances 82-09
and 84-06, and to rename it the Information Services Advisory Board in Ordinance 96.255; and
WHEREAS, as a welcome result of the dawning of the Information Age, the computer
lit, racy of the average layman has increased dramatically, such that concepts which formerly
rFsuired specializW training in computer science for basic understanding are now well within the
grasp of the City Council and the majority of the citizens of Denton, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS,
SECI'1ON 1. That Ordinances 79-81, 82-09, and 84-06, which created and perpetuated the
Data Processing Advisory Board of the City of Denton, are hereby r+pealed, along with Ordinance
96-255 and any other ordinances in conflict with the pugroses of this ordinance, to the extent of any
such conflict.
A SECTION H. That the Council of the City of Denton, Texas hereby conveys its deepest
• appreciation to all current and fonucr members of the Information Services Advisory Board for +
their loyal and dedicated service to the City Council and the citizens of Denton. I i
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SECTION III. That this ordinance shall become effective immediately upon its passage and
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approval
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PASSED AND APPROVED this the day of___-___ 1998.
)ACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
uERBERT L. PROUTY, CITY ATTORNEY
BY:
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Agenda No
AGENDA INFORMATION SHEET Age Ida l!em
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AGENDA DATE: July 21, 1998
DEPARTMENT: City Manager's Office
CM: Ted Benavides
q. SUBJECT
f'
Consider nominations and appointments to the City's Boards and Commissions.
BACKGROUND
Each City Council Member is responsible for making nominations for board and commission places
assigned to him or her. Individual City Council Members will make nomination3 to the full City Council
for the Council's approval or disapproval at the next regular scheduled meeting.
Council Members making nominations for members w the boards and commissions will consider
Ih interested persons on a citywide basis. The City Counril will make an effort to be inclusive of all
segments of the community in the board and commission appointment process. City Council Members
will consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation
of Denton citizens. The City Council will take into consideration an individual's qualifications,
willingness to scn'e, and application information in selecting nominations for rle:nbership to each board
and commission.
In an effort to ensure maximum citizen participation, City Council Members will continue the general
practice of nominating new citizens to replace board members wbo have served three consecutive, full
terms on the same board.
PRIOR ACTION
Council members made nominations to the various boards/commissions at its meeting of June 16th.
Those nominations will be voted on at the July 21st meeting. A list of the nominations made and t
vacancies still existing is attached.
Respectfully submitted: t
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cd Benavides ~A y
N
City Manager 1
prepared hy:
nifer alters
'ity sec Clary
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BOARD/COMMISSION NONH NATIONS
AIRPORT ADVISORY BOARD
p -W NOMINATION IBM COUNCIL
7 Terry Garland Terry Garland 1996-98 Mayor
3 Ann IJouston Ann Houston 1996-98 Cochran
4 James Jamieson 1996-98 Kristoferson
5 Jim Risser Ronald Keaton 1996-98 Beasley
ANIMI.L SHELTER ADVISORY BOARD
DIST CURRENTMEMBER NOMINATION Im COUNCIL
2 JocllaOrr Joella )rr 1996-98 Durrance
5 Mary Bendzick 1996.98 Beasley
6 Amanda Casey 1996-98 Burroughs
BOARD OF ADJUSTMENT
DIST CURRENTMF BE NOMINATION TERM C4yNF]~
5 Bob Manning Bob Manning 1996-98 Beasley,
3 Greg Muirnead Greg Mulrhead 1996-98 Cochran
4 Joe Bendrick 1996.98 Kristoferson
2 LarryCollister Larry Collister 1996-i. Durrance
BIII LDING CODE BOARD
IN ST CURREN F. BER NOMINATION ILSM C9NCII
3 Bob Hagemann Bob Hagemann 1996-98 Cochran
4 Bryon Woods 1996-98 Kristoferson
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1 5 Hcnry Rift Henry Rift 1996-98 13eas1ey i . '
6 Alan Nelson 1996-98 Burruughs
• 1 7 Ken Doblas Ken Doblas 1996.98 Mayor t
CABLE TV ADVISORY BOARD
I 1
j)J57 C'IJRRENTNEhtHE~ NOMINATION BPd C0UNCi1. - . '
I L. T. Ilensley 1996.98 Young
2 Richard Rodean 1996.98 11unance
3 Juanita Johnson John Enlow 1996.98 Cochran
4 Julia Klinck Julia Klinck 19%-98 Kristoferson
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CIVIL SERVICE COMMISSION f
SEAT CLJRRENTMEMBER NOMINA'T'ION TIy
CM Jana Bates 1996-98 City Mngr.
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
DIST CURRENT MEMBER NOMINATION TERM MUNCI `
5 Jean Hinojosa 1996.98 Beasley
6 Peggy Fox 1)96.98 Burroughs 1
7 Jean Ellen Rogers Jean Ellen Rogers 1996X98 Mayor
3 KimberlyFrank;in SondraFentl 1996.98 Cochran
5 Ann Hatch Ann Hatch 1996-98 Beasley
DENTON HOUSING AUTHORITY
SEAT CURRENTMEMBER NON0ATIO TERM
7 "Tony Soto 1996.98 Miller
7 Bob Crouch 1996.96 Miller
DOWNTOWN DEVELOPMENT ADVISORY BOARD
> T CURRENTMEMBER NOMINA'iIQN TERM COUNCIL
3 George(Joen GeorgeGoen 1996.98 Cochran
4 Joanna Dconath 1996.98 Kristoferson
5 Joy Williams 1996.98 Beasley
6 Michael Monticino 1996.98 Burroughs
7 Bette Sherman Betle5herman 1996-98 Mayor
I Vacant (Resigned) 1991.99 Young
ELECTRICAL CODE BOARD J
9 A"' 1 CURRENT A EMB ' NOMINATION TF&y COUNCIL
• 3 John W. Hardinger _ J 1996.98 Cochran t
1N1asler Electrician)
4 Fred Harper 1996.98 Kristoferson
I Robert L. Ilicks 1996.98 Young
1
• HISTORIC LANDMARK COMMISSION • •
S , J1 CURRENT MEMBER NOMINATION TERh1 ~Qu,
3 Diane Ricks Diane Ricks 1996.98 Cochran
7 Peggy Norton Peggy Norlon 1996.98 Mayor
2 Jim Kirkpatrick Jim Kirkpatrick 1996.98 Durrance
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HUMAN SERVICES ADVISORY COMMITTEE
DiST CURRENTMEMIIFR NOMINATION TF;,M COUNCIL
4 Vacant (Resigned) Lynn Ebersole 1997-98 Kristoferson
6 Fran Moore _ 1996-98 Burroughs
7 Carol Brantley Carol Brantley 1996-98 Mayor
2 Charles Saunders 1996.98 Durrance
4 Wallace Duvall Wallace Duvall 1996-98 Kristoferson
INFORMATION SERVICES ADVISORY BOARD
DiST CURRENTMEM13ER 1N MINATION TERM COUNCIL
2 Warren Searls The City Mgr. 1996-98 Durrance
3 Lisa Green requests this board 1996-98 Cochran
4 Jim Kuykendall be addressed at the 1996.98 Kristoferson
S Vicki McCombs regula,•City Council 1996.98 Beasley
6 Maureen Saringer meeting on July 21. 1996-98 Burroughs
KEEP DENTON BEAUTIFUL BOARD
)1M CURRENT MEMBER NOMINATiON TERM W-U-N- M
I Larry Mullen 1996-98 Young
2 Sara Saunders 1996-98 Durrance
6 Beth Clark 1996.98 Burroughs
7 Vera Laney Anne Nicholas 1996.98 Mayor
3 Vacan I (Resigned) 1996-98 Cochran
4 DeeDee Scott DeeDee Scott 1996-98 Kristoferson
LIBRARY BOARD
DIS', CURREN1'MEMBER NOMINAI0 TERM COUNCIL
M.
! 7 Teresa Starrett Teresa Starrett 1996.98 Mayor
3 Kathy Pole 1996.98 Cochran
4 F.ma Ruth Russell 1996.98 Kristoferson
PARKS AND RECREATION BOARD j
)la_ ,S 1 CURRENT MEMBER NOMINA'110N IL M COUNCIL t O •
0 Annie Burroughs Dominic Falcinelli 1996-98 All
JV
0 Martha Garcia Raymond Redmon 1996.98 All
Martha Garcia
Dr. Dole Yeatts
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PLANNING AND ZONING COMMISSION
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DIST CURRENTMEMBER NOMINATION TERM COUNCIII
3 Carol Ann Ganzer 1996.98 Cochran
5 Ellen Hoover Schertz 1996.98 Beasley
I
6 Jim Engelbrecht 1996-98 Burroughs ;
PLUMBING AND MECHANICALCODE BOARD
DIST CURRENTMEMBER 1 MINATION TFRM C41NCI4
5 Millard Heath 1996-98 Beasley
(Mechanical Contractor)
6 Lee Capps _ 1996-98 Burroughs k
1 Jeri Coe 1996-98 Young
(Master Plumber)
PUBLIC UTILITIES BOARD
DI ST CURRENTMEMBER NOMINATION LUM ~4S1L~
0 George llopkins George Hopkins 1994.98 All
Raymond Redmon
SIGNBOARD OF APPEALS
)IS CURREW EMBER NOMINATION TERM COUNCIL
I Slick Smith - 1996.98 Young
3 Bill Allen Darlene Munger 1996-98 Cochran
1 .
7 Mike N'iebc Chris King 1996-98 Mayor
TMPA BOARD OF DIRECTORS
SEAT URRENTMEM13ER NOMINATION TERM
0 George Hopkins George Hopkins 1996.98 ALL
TRAFFICSAFETY COMMISSION
I 0 Q ST ' RE TMEMBER TOMINATION jERhl COUNCIL 1
I
6 0rcg Saako 1996-98 Burroughs
I Fred Hill 1996-98 Young
2 Derck Hartsfield 1996-98 Durrance
3 Art Seely, Jr. Silvis Lesko 1996-98 Cochran ,
4 Larry Luce 1996-98 Kristoierson
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THE ATTACHED PAGES ARE THE NOMINATIONS MADE TO THE
BOARDS/COMMISSIONS BY CITY COUNCIL ON JULY 21, 1998
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BOARDS/CONIMISSION NOMINATIONS
NOTE: Shading indicates nominations requiring vote
AIRPORT ADVISORY BOARD
Dist Current Member Nomination Term Council
7 Terry Garland Terry Garland 1996-98 Mayor
Approved 7/21198 '
3 Ann I louston Ann Houston 1996-98 Cochran j
A Provcd 7/21/98 II
4 James Jamieson 1996.98 Kristoferson
S Jim Risser Ronald Keaton 1991-98 Beasley
Approved 7/21/98
ANIDIAL SIIEI.TF,R ADVISORV BOARD
Dist Current Member Nomination Term Council
2 Joella Orr Joel la Orr 1996.98 Durrance
Approved 7121/98
S Mary Bendzick Phyllis Flon 1996-98 Beasley
6 Amanda Casey Amarda Casey 1996-98 Burroughs
BOARD OF ADJUSTMENT_
Dist Current Member Nomination Term Council
S Bob Manning Bob Manning 1996-98 Beasley {
A roved 7/21/98 J
3 Greg Muirbead (ALT) Greg Muirhead 1996.93 Cochran
Approved 7/21/98 {
4 Joe Bendzick (ALT) JoeBendzlck 1996.98 Krlstoferson
2 Larry Col Iister Larry Collister 1996-98 Durrance
Approved 7/21/98
M1
. BUILDING; CODE BOARD
Dist Current Mcmbcr Nomination Term Council
3 Bob Ilagemann Bob Ilagemann 1996-98 Cochran
Approved 7/21/98
4 Bryon Woods Bryon 11'oods 1996.98 Krlstoferson
0 3 Henry Rife Henry Rife 1996.98 Beasley 0 •
Approved 7121/98
T 6 Alan Nelson Alan /Yelfon 1996-98 Burroughs I
7 Ken Dobias Ken , hias 1996.98 Mayor
Approved V11198
32XIII
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CABLE TV ADVISORY BOARD
Dist Current Member Nomination Term Council
I L, T. Hensley L.T~ Hensley 1996-98 Young
2 Richard Rodcan 1996.98 Durrance
3 Juanita Johnson John Enlow 1996-98 Cochran
A roved 7/21/98
4 Julia Klinck Julia Klinck 1996-98 Kristoferson
Approved 7/21/98
CIVIL SERVICE COMMISSION
Seat Current Member Nomination Term
CM Jana Bales Jana Bates 1996.98 City Mngr,
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Dist Current Member Nomination Term Council
5 Jean Hinojosa Sergio Sh to rep 1996.98 Beasley
6 Peggy Pox Barbara SdnneM 1996-98 Burroughs
7 Jean Ellen Rogers Jean Ellen Rogers 1996.98 Mayor
A roved 7/21/98
3 Kimberly Franklin Sondra Persil 1996-98 Cochran
Approved 7/21 /98
S Ann Ilatch Ann Match 1996-98 Beasley
A roved 7/21/98
DEN'TON HOUSING AUTHORITY
Scat Current Mcmber Nomination Tani
7 Tony Soto Tony Solo 1996-98 Miller
7 Bob Crouch Bob Crouch 1996.98 Miller
DOWNTOWN DEVELOPMENT ADVISORY BOARD `
Dist Current Member Nomination Tenn Council
3 George Goon George Gocn 1996.98 Cochran
Approved 7/21/98
4 JoannaDconath Joannabronarh 1996.98 Kristoferson
S Joy Williams J:lltaberh Shearer 1996.98 Beasley is
yl+ 6 Michael Monlicino Aflehael Afonrle1no 1996-98 Burroughs
7 Belle Sherman Bello Sherman 1996.98 Mayor
1 Vacant (Resigned) 1997.99 Young
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ELECTRICAL CODE BOARD
Dist Current Member Nomination Tens Council
3 John W.llardinger 1996.98 Cochran
(Master Electrician)
4 Fred Harper 1996.98 Krislofersort
I Robert L, Hicks 1996.98 Young
5 Sally Rishel 1996-98 Beasley
(Nominated for P & Z
HISTORIC LANDMARK COMMISSION
Dist Current Member Nomination Term Council
3 Diane Ricks Diane Ricks 1996.98 Cochran
Approved 7/21198
7 Peggy Norton Peggy Norton 1996-98 Mayor
Approved 7121 198
2 Jim Kirkpatrick Jim Kirkpatrick 1996-98 Durrance
Approved 7/21/98
IIUDIAN SERVICES ADVISORY COMMITTEE
Dist Current Member Nomination Term Council
4 Vacant (Resigned) Lynn Ebersole 1997.98 Kristofemon
Approved 71211 8
6 Fran Moore Fran Moore 1996-98 Burroughs
7 Carol Brantley Carol Brantley 1996-98 Mayor
_ A roved 7121/98
2 _ Charles Saunders 1996-98 Durrance
4 Wallace Duvall Wallace Duvall 1996.98 Kristoferson
Approved 7121/98
KEEP DENTON BEAUTIFUL BOARD
Dist Current Member Nomination Term Council
I Larry Mullen 1996-98 Young
2 Sara Saunders 1996-98 Durrance
6 Beth Clark JeaM Creenlaw 1996-98 Burrough/
0 7 Veto Lancy 1996-98 Mayor 0
p 3 Vacant (Resigned) 1996.98 Cochran
4 DecDcc Scott DceDee Scott 1996.98 Krisloferson
Approved 7/21/98
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LIBRARY BOARD
Dist Current Member Nomination Tenn Council
7 Teresa Starrett Teresa Starrett 1996.98 Mayor
A roved 7/21198
3 Kathy Pole E►M Cadwallader 1996.98 Cochran
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4 Etna Ruth Russell 1996-98 Kristoferson
PARKS AND RECREATION BOARD
Dist Current Member Nomiration Term Council
0 Annie Burroughs Dale Yeatts 1996.98 All
A roved 7/21198
0 Martha Garcia Martha Garcia 1996-98 All
Approved 7121198
PLANNING AND ZONING COS141ISSION
Dist Current Member Nomination Term Council
3 Carol Ann Ganzer S411y Rlskel 1996-98 Cochran
S Ellen Hoover Schertz jim l ngelbrecbl 1996-98 Beasley
6 Jim Engelbrecht CaroJAnd Ganter X996-98 Burroughs
PLUMBING AND MECHANICAL CODE BOARD
Dist Current Member Nomination Term Council
5 Millard I loath 1996-98 Beasley
M11cch. Contractor
6 Lee Capps Lee Capps ` 1996.98 Bumugh!
1 Jerl Coe Jeri Coe ; 1996.98 Young
(Master Plumber)
PUBLIC UTILITIES BOARD
Dist Current Member Nomination Term Council
3 • 0 George Ilopkins George Ilopkins 1994-98 All
Approved 7/21198
I
SIGN BOARD OF APPEALS
Dist Current Member Nomination Term, Council
• t Slick Smith Slick Smith 1996.98 Young 0
3 Bill Allen Darlene Munger 1996.98 Cochran
Approved 7/21198
7 Hike Wicbe Chris King 1996.98 Mayor
Approved 7121198
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If TMPA BOARD OF DIRECTORS
Seal Current Member Nomination Term
0 George Hopkins George Hopkins 1996.98 ALL
' Approved 7/21/98
TRAFFIC SAFETY COMMISSION
Dist Current Member Nomination Term Council
6 d"s Sawko . Ci~¢S'dw,lo 194b 96 ; ''gurroyghf'i,
1 "a Fred Hill -1`!4 'Fm4YU1 1996.98 Young 2 Derek Harlsfield 1996-98 Durance
3 Art Seely, Jr. Silvia Lesko 1996-98 Cochran
Approved 7/21/98
4 i~ 'LatryLuce LarryLare 1996-98 kristoferso~l
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AGENDA INFORMATION SHEET Agenda No,_Ug
Agenda Item_ ,
Dale_ 7a
AGENDA DATE: July 21, 1499
DEPARTMENT: City Manager's Office
,
CM: Ted Benavides
UBS JEST
Consider appointments to City Council committees.
BACKGROUND
_ Members of the City Council serve on designated standing committees to afford policy guidance and
direction to the staff. The committee assignments are reviewed annually by the City Council to allow the
opportunity to make adjustments if necessary.
PRIOR ACTION
At its meeting of June 16th, Council began making preliminary assignments to the various committees.
Attached is a list of those assignment3.
Respectfully submitted:
Ted Benavides
} City Manager
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CITY COUNCIL COMMITTEES
CURRENT PROPOSED
AGENDA COMMITTEE
Mayor Miller (Permanent member) Mayor Miller (Permanent member)
VACANT Mayor Pro Tern Beasley
City Manager (Permanent member) City Manager (Permanent member)
AUDIT COMMITTEE
Mayor Miller Mayor Miller(Permaneni member)
Mayor Pro Tem Beasley Council Member Burroughs
Council Member Durrance Council Member Mmance
INVESTMENT POLICY COMMITTEE
Mayor Miller _ Mayor Miller (Permanent member)
Council Member Kristoferson Council Member Kri sto erson
MUNICIPAL COURT ADVISORY COMM.
Council Member Durrance Council Member Durrance
Council Member Kristo erson Council Member Kristoferson
Council Member Young Council Member Young
VISION FORDENTON-21 CENTURY
Mayor Pro Tern Beasley Mayor Pro Tem Beasley
VACANT Council Member Burroughs
LALOR FUND COMMITTEE
Mayor Pro Tern Beasley _ Mayor Pro Tem Beasley
Council Mcmber Cochran Council Member Cochran
Council Mcmber Young Council Mcmber Young
COMIIUNFYJIISTICE000NCIL _
Council Mcmber Ilurrance Council Member Durrance
LAKF!U-V -ROBE RTS P & Z J
o Council Member Cochran Council M1 em r Young
E
CONVENTION & VISITORS BUREAU -
1 VACANI ayo PPro Tcm Beal ey
JU1NT T~ ABATFNIFNT Cn 1MITTEE ,
. VACANT' Council Member Burrou s/Counci Member CCe •
Councilhllm~rUurcance COUneI `ems Durrance
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TFE ATTACHED PAGE IS A LIST OF THE APPOINTMENTS MADE TO THE
COUNCIL'S COMMITTEES BY CITY COUNCIL ON JULY 21,1998
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CITY COUNCIL COMMITTEES 1999-99
AGENDA COSIMITTF.E
Mayor Miller (Permarenl member)
Mayor Pro Tent Beasley
City Manager (Permanent member)
AUDIT COMMITTEE
Mayor Miller
Council Member Burroughs
Council Member Durance
i
INVESTMENT POLICY COMMITTEE
Mayor Miller
Council Member Krisloferson
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MUNICIPAL COURT ADVISORY CONIMr
CouticiI Member Durance
Council Member Kristorcrson
Council Member Young
VISION COLLABORATIVE
Council Member Burroughs
I.ALOR FUND COMMITTEE.
Mayor Pro Tom Bcasley
Council Member Cochran
Council Member Young
COMMUNITY JVSTTCF COUNCL,
Council Mcmbcr Durance
LARF RAY RODER'I'S P &
Council Mcmbcr Young
CONVEN'T'ION & VISITORS BUREAU
S Mayor Pro Tom Beasley
JOINT TAX ABATEMENT COMMITTEE
1 Council Mcmbcr Burroughs
Council Mcmbcr Uurrance k, 1J
i ENVIRONMEN'T'AL CONMITTEE
Mayor Pro Tcm Beasley O
Council Member Knstofctson
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Agenda Item_
Date_ L ~'L =mil/ I
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CITY OFDENTON, TEXAS MUNICMPALBOWING OENTON, 7EMS76101 • TELEPHONE(617)566-630T
office 01 tha Copy Manager
MEMORANDUM
DA'I Et July 2, 1998
TO: Mayor and Members of the city Council
FROM;: Ted Denavides, City Manager
SUDJECT': NOTICE OF RESIGNATION
In keeping with the Terns and conditions of my emptoymenl agreement with the city or Denton,
I ant, with this memo, providing you wilh wdlten notice of more than thirty days of my intention
to resign as city manager effective at the close of business on Seplember 8, 1998,
1 gicatly appreciate the confidence you demonstrated in me by selecting me as your
city ulannger, and I thank you for the wonderful opportunity you provided me. I have enjoyed
working with you over the past No years. Denton is a special place and I have been very happy
licit I believe we have accomplished a great deal. I think I ou would agree that Denton is on the
cusp of many really good things, and I feel a sense of sorrow that I will not be here to participate
in them. As you know, I had no Intention of I:a:;ng, but the Dallas opportunity was simply too
great to pass up. I do not believe I would have been offered the Dallas job without the
erpcrience of being the city ntnrtager here.
I'd like to compliment you on the job you do. Working with you has truly been a pleasure. It
has also been a pleasure to work with The staff. I know you have many good people In this
organizati m and that, under your guidance, Denton will continue to prosper. I believe that
j . have Tell everything in good shape for my successor. And don't be surprised if you start teeing '
Dallas acting a lot more like Denton once I gel down there.
As I have indicated to you already, I will continue working diligently through your adoption of
nc%1 year's budget at your meeting on September S. And, aga!n, thank you for The opporlunUy to
S he Four city manager.
Tcd Benavides
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CITY OF DENTON, TEXAS
5369795,1:00
UTILITY SYSTEM REVENUE REFUNDING
BONDS, SERIES 1998A
I Scaled Bid Due Tuesday, July 21, 1998, of 11:00 AM, CDT
The following ratings have been assigned:
Moody's Investors Service, Inc.
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Standard & Poor's Rating Croup '1090
A Mbloe of McGraw-H111, lee.
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PubPWW 01113118
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Denton (City of) TX
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Contact
Dennis Porcaro 2142204347
We Prince 2125537733
Steven Levine 212-5534097
e Moody's Rating
` have Rating
City of Denton. Texas At
Sale Amount $36,795 , O
Expected Sale Date 07/21198
Rating Description Utility System Revenue Refunding
Bonds. Series 1998A
Opinion
I Moody's Investors :service has assigned an At rating to the City of Donton's outstanding
Utility System Revenue Bonds in conjunction wilh fin dys upcoming sate of L31e,795
million in Mlity System Revenue "a, Series 1098A. which are scheduled to be sold
on July 21,1998. The Al rating and stable outlook on We credit are derived from the
following lectors: a atrong service area and modestly growing customer base; historically
well managed System operations which era dominated by the electric system and
continue to result In sbong coverage ratios for both annud debt service oosM, as we as
projected maximum annual debt Service costs; and s favor" debt position with
manageable additional needs
Moody's believes that the city's hvorsble locaUori In the metroplox, has contributed In
I recent year to steady growth in taxable values In at sectors of d* d y s texbase. This
. continued valuation growth has also translated into stability in the system's already
extensive customer base, which has been inaeafing SMualy at almost 1.1 % over the
pest four years, Also contributing to the area's atat#ty is the pretend of two nfajor
universities and the Federst Energy Management Agency (FlI Area diver0ation in
commercial and industrtat growth also oontinues, as refiected by a growing taxDxs and
low oily unemployment levels. The cLy's April rata was 2.8%, whk 11N aWWs Wes 42%.
In addeion, overall resident wealth and Inooma levels are equal to able *MS, which Is
• worth noting, since they are somewhat Skewed downward due to a large student p •
population.
► ,,j Historically, AnaneW operations of the system hive been well maintained, and are
pnmartly supported by eleclrlc system operations. In Moody's oplnbn, net system
revenues continue to provide strong ooversge of debt Sella requirements as evidenced
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As rrandonad above, etectrk utility operations do *wb ovens ofwafkrhe of the lysaeq
a Wetted by elwtrk revenues CarWIOV 73.4% of bW FY 1997 epwW* mw m;
however, tear utAity stands on Ke own WM W K"M from tN Ow uhlly system in
t add'roon, histcri * era We ublk system has d=0 both cost mwvwy and twkdws
~ contributed IlgniAcarhty b t+s operatons of the clp+'a Oerteral Fund, N tlphl of pofanlW ~
deregutatan fd ale t systems ecras the country, ofsolete N Want yeah haw, and
plan to oondnue to Was" d" wpport the u" system wwwas to the Cuya (3"
I fund. Oftels report QW due to the exap$Ord y dry I ft aprtng and rznnW. that
overed operations to date an OWM budget ssp*"M revenues, wilt r,,la, OM CI"
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V*4d they vela Mnbh the yearwlN eurpfua oparatlona.
The system's debt position walks moderate, as slatted by a debt ratio of 4tt.ts% and
FY 1997 ON earvka crib oonyxb V W undw 15.0% of bW apse epww*uma,
Proceeds from this sew A be utifaed b psycQ an ovtabrr&tg Corp of EngMners nob,
whkh reeulb N a short'mtng of 0* wts"s Motu* who" by eighteen years. to ✓
y ! addition, nd ula N a net yraent v" eavk" b U atys kdit eyv%M of ri
fl a b
needs should wr*n WONA Oran that v*cbd nee sddrsp aglal
that an system debt exoept this levee, wa to tetrad k% twq* yv
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ATSOMWWANY
TABULATION OF BIDS RECEIVED AT SALE OF
$36,795,000
CITY OF DENTON, TEXAS
UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1998A
SELLING TUESDAY, JULY 21, 1998, AT 11:00 AM, CDT
TRUE INTEREST
ACCOUNT MANAGER COST r~
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The tent Importu9lukk u n what the Munkiyl Revenue Bond Market has dome in are time perked venoms an ier 6 the'Bond Boyers' 23
1I Reven t &md trrke, PuMWwd on Thurdey of each week, Ir N die ec«pud AuVde of Ar Mw*ipel Bond Industry To d.tcmdn tren6 and
movennerm of in terty rates In die martrt. 'fie Itdet is hued or 30 year revenue bonds of 23 linen rated from OW In 'Bu I' by
Miuly's Invrstora Service, Ia. and fnan 'AAA' To 'A' by Standard A Pcor's Corporation. &indr in the Inks imiude Housing,
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Tran. rohcn, HcTMPital and Moto Curmt9 Credid~
Wcc, _j90 1989 _1990 1991 1992 1993 1994 1995 1996 1997 J991
)an sty I 0291 773 ' 36 732 6,6a 6,44 -55-6 694 5.63 3.96 3.32
2 1,31 7,66 1.33 7.40 653 6.41 S,54 6.17 5.79 $,96 $35
3 6.00 753 1.49 7.34 6,66 6.40 5.34 6.7A 3.70 6.61 5,30
4 1.84 756 152 7,31 6.70 6.36 3.30 678 5.77 6ou 333
S 734 6.76 6.02
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February I 1,84 158 752 706 679 6.29 5,19 6.63 3.69 5,93 3.7!
2 7.76 7.6) 7,30 7,07 a,89 622 358 6,44 5.67 311 5.)1
3 7.911 7$2 7.49 7.2) 6,95 6.06 3.64 6.40 3,67 3,94 3.29
4 7.17 7,9J 755 7.31 6.92 1.a9 3.99 a,34 5.76 5,93 3,36
S 5.16
IV 9Gnh 1 1.87 7,915 750 LJU 6.92 9.69 6,117 631 5.Aa 5 , 9T I4/S
2 1.02 1,79 750 7 29 6,66 $.A) 613 640 613 602 3.10
3 6.(74 778 135 733 6.97 590 6.06 625 610 6.06 5.36
4 A.21 7,43 7.54 733 6,87 1.99 6.16 6.34 6.0 6,01 3.1!
5 9.23 7,97 757 6.39 629
April I a.1) 7591) 7,34 7.29 6.81 6.Ill 6.53 6.22 6,11 6.14 139
2 8.21 1,92 753 737 6.71 6.06 650 6.19 632 6.14 3.10
I 3 a27 7,(91 1.M 1,14 6,74 .4 9l 6,45 6.17 6.19 &13 5.40
4 8.23 7,61 7.77 7.22 6.A2 5.93 6.42 6.29 6.16 6.13 9.41
5 6.83 S." 5.32
AIAy 1 A 21 7.62 7,79 714 6.77 5.11 6.43 6,30 6.32 6.01 1,49
2 A36 1.64 7,66 7.119 6.70 $911 6,60 6,11 632 3.48 5.48
3 134 731 751 7,14 6.69 $.97 6.41 6.13 017 3911 342
4 8 )2 7.39 749 7 16 6.74 3,94 6.41 6.02 6.10 191 5.39
3 741 7,13 6.17 3.41
)um I 921 743 7,14 124 6,73 391 638 6.01 630 3.13 1.4D 1
2 1.13 7.29 7,46 136 6.69 1.92 620 5.94 6.34 3.17 $.32
J 1.10 1.27 7.53 7.31 6 62 5 96 8.34 6.16 6.27 3.12 1.16
4 1.10 7,42 7,41 7.30 6.39 5.79 643 651)1 620 1.92 3.36
5 9,12 7N 6.33 6.21
July 1 9 7 7 731 6.51 9.75 652 621 615 3.71 3.N ' .
2 A.15 727 7.40 1,19 6.M 3.76 6.41 603 624 5,68 337
3 9 16 7 26 740 7,11 6.33 511 8.46 6.10 6.10 3.59 537
1 4 9.13 7,26 739 7.13 6.22 1,111 647 527 610 554
3 6,12 9.$7 5,49 -
Aapusl I A.OS 7.19 7.33 7.10 6.24 9.A3 6.31 6.33 6.02 3.62 j
2 9.11 731 751 7417 620 969 649 6,40 5.92 5,71 '
3 9.20 7,39 733 7.03 6.M $61 6.45 6.1) $.491 3.69
4 A.19 7,17 7.141 7.03 613 5_% 6.46 6.40 6.110 S,6A
-44 1
' r 3 7.46 7.70 75(10 6,26 699
5claemlatr I 6.10 117 768 7,67 6.?1 3.57 643 6.16 6.19 1.66 i
2 7,99 745 7G4 7,UU 6,31 55.44 6.46 6.W 6,12 5.69
3 7.98 7.69 773 6.95 6,43 .4 49 65t 6.11 6.10 5311
'
4 7,42 7 $9 7 AI 6,41 A.49 5.51 6.66 6.21 6.01 5.63 1
5 7,93 3.33 6.70
II lkr,dvr 1 791 1.41 1.73 6.97 645 1.52 612 614 3.91 !59
2 7.0) 7.46 7.13 6.40 6A9 9,41 6.73 6.01 3,91 3.64
;L 3 777 741 775 6.91 651 5,44 6.11 1 , 9'1 5,97 561 `4,
4 7.lu 747 7.64 6,93 6,71 5.56 695 6.02 6111 566
3 6.96 6911 394 3.61
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• N(,vemher l 1.64 741 7.13 M1 AT 11,11.) l,72 1.16 1.43 !.61
~~UJJ 2 711 7.43 7.53 6.96 657 169 7 23 5.94 3.96 1.60
3 7.AM1 75.19 7.42 6.91 648 5,711 7.37 S.R9 5.93 3.57
4 74) 1.11 7.41 6.93 6.47 374 732 $.19 SINK) 555
3 7,31 133 576
brcemkr 1 7.96 735 1.33 6.96 6.11 3,11 7.11 364 5.83 1.41
2 7,96 734 726 6,91) 6,42 3.13 1.17 579 l.93 SAN
3 1,94 7.21 1.36 6.81 6.N S,N 1.02 !79 193 5.41 ;
4 7,112 733 7.39 6,76 6.41 5.591 6.99 3,71 3.92 340
1 S 7,71 6,41) 5.32 6,97 $41
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BOND ISSUE'S
INTEREST BUYER'S AVERAGE
HISTORICAL SALE INFORMATION SALE DATE RATE INDEX LIFE
$1,173,000 City of Denton, Texas Utility System Revenue 3-24-98 4.9380% 3.42 10.183 Years
Bonds, Series 1998
$2,750,000 City of Denton, Texas Utility System Revenue 3.7.96 $.9332% 6.32 12.932 Years
Bonds, Series 1996 ~II
$36,510,000 City of Demon, Texas Utility System Revenue 3.7-96 &0811 % 6:32 17.930 Yea" i
Refunding Bonds, Series 1996A
$27,083,000 City of Denson, Texas Utility System Revenue 6.8-93 3.1763% 3:68 9.194 Years
Refunding Bonds, Series 1993A
56.373,000 City of Denton, Texas Utility System Revenue 3-16.93 3.4403% 3:71 1 L279Years
Bonds. Series 1993
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CITY OF DENTON, TEXAS
(Denton County) ;
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UTILITY SYSTEM REVENUE REFUNDING ;
I BONDS, SERIES 1998A
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Sealed Bids Due Tuesday, Jul 21,1998,
at 11:00 AM, CDT J
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4 NOTICE OF SALE
AND
BIDDING INSTRUCTIONS
ON
SM,798,000
CITY OF DENTON, TEXAS
(Demo County)
UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1"Ili
Sealed Bids Due Tuesday, July It, 1991, at I LOO AM, CDT
THESALE
BONDS OPITRLD FOR SAL[ AT COMrFTTTIAe Broom The City of Denton, Texas (the "Ciy") Is offering fur sale its
336,793,000 Utility System Revcnue Rtfunding Bonds, Series 1998A (the `Hoods").
Aboard of BiDs . Scalcd bids, plainly marked "Sid for Bonds", should be addressed to "Mayor and City Council, City of
Denton, Texas", and ddiv cred to the City Secretary, at Ciy IW4 215 E. McKinney Street, Denton. Texas, prior to 1I:00 AM, CDT,
cm the date of she bid opening, All bids must be submitted on the Official Bid Form, without alteration or InterlineabonBros iv TFLFrtrmF OR FAcsimat Sidlcn must submit
SIGNED Official Bid Forms to David MedankJ4 Flat Southwest
Company, 201 Main Sven, Suite 1120, Fort Worth, Texas 76102, and submit their bid by telephone or facsimile (fax) on the date of
the sale
Tetephone bids wiil be eceepted at (117) 336.5572, bdween 1000 AM, CDT and 1010 AM, CDT.
Fax hide must he rrncrved hetwecn 1000 AM. CDT and 10:30 AM, CUT, on the date of the We at (817) 336.3372, atienslon
Rhonda Van Tdcrstine.
Fins 4uthwet Company *Bl pot be responsible for submitting any bids received aver the above deadiiti
First Southwest C'onipany, assumes no responsibility or liability wide respect to any irr:gu'vitia associated with the submission of
hide if telephone or fax nptim+s arc exercised
PC V it AND TIMF (IF 01D OPLNInG. , .'the bids for It Bonds will be publicly Opened and read In the City Council Chambers of the
City Itall at I I W AM, CDT, Iucsday, July 21, 1998.
A%ANDOF I Its BONDI . T"he City Council will take action to award the Bonds (of reject all bids) M a meeting scheduled to
ci isent at 1100 AM CD I, en the date of the bid npcning, and sdopl an ordinance authorizing the Bonds and approving the Official
Siutemol (the "Urdinanci k
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THE BONDS
DFSCRtritm . . the Bonds will be dated July 13. 1998 (the "Bond Date"). Interest will accrue from the Bond Date and will be due t
r on December 1. 1998, and each June I and Decombsr I thereafter until the earlier of mourky or prior redemption. TTte Bands wiB
be Issued only in fully reglAcred form in any integral multiple of 53,000 for any one maturity. The Bonds •~91 mature on
j ~ Ikccmber l In tech y tort u fo0ows, ,
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MATURITVSCHEDULE
~Principal Principal Principe
Year Amount Year Amount Year Amount
' 2006 S )10.000 2014 S 1,235,000 2022 S 1,163,000
2007 510.000 2013 1,300,000 2021 1,963,000
o 2W8 733,000 2016 1,3704000 2021 2,065,000
2009 930.000 2017 1,110,000 2025 2,110,000
2010 1,013.Dw 2011 1,315,000 2026 2,293,000
2011 1,063,000 2019 1,595,000 2027 2,115,000 s r
2012 1,120,000 2020 11680,000 2021 2,513,000
2013 1,173,000 2021 1,770,000 2029 200,000
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OMN-C!n PY-ONLY $1 MM TM City intends to utiliirc the Book-Entry-Only System of the Depository Trust ComM
("MV) . See* The Bonds and Bonds - Ilock•Enlry-Only System" in the Official Statement.
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Rrorntrlicts.. The City reserves the right, at its option, to redeem Bonds having stated maturities on and after December 1, 2009,
in whole or in part in principal amountm of $3,(100 or any integral multiple thereof, on December I, 2008, or any date thereafter, at the - s
par value thereof plus accrued interest lo the date fired for redemption.
(
Sr.RM, BO]tM OP S[RM B(NUS Asin Tram Buslos , . , Bidders may provide that all the Bonds will be Issued as Serial Bonds
maturing in accord with the Maosrity Schedule shown above (Alternate 1) or u a combination of Serial Bonds and Terms Bands
(Alternate 2), but a bid w ith all Term Bonds is not permitted S
Atiermire I - Serial Hinds,
Scrial Bombs maturing on Dcccmtrr I, 2006 thrmgh Decemlicr 1, 2029,
lternarr 2 - Scrial Bonds and Term Bonds: '
;criml Hands maturing on December I, 2006 through December I, 2011, and one or two term bonds
consisting of the December 1, 2012 through December I, 2029 maturities with each lent consisting of hvo
nr more consecutive sinking fund redemptions matching the annual principal amount4 accumulated from r !
the maturity schedule shown above. IF
%I%%D4n0R1r SVskISG FY 'No . , . 11 the Successful bidder dais to alter the Maturity Schedule refiectcd above and convert the
lrineifui amounts of the Said Bonds maturing In the years 20t2 through 2029 into "Term Bonds", such "Term Bonds" shall he 1
iuiry:;t to man iauory rcdemption on December I, 2012, or the f irst Decemhcr 1 nevi following the last maturity for Serial Bonds, and
annually thereafter ten etch December I until 'he stated mawnty for the Term Bonds at the redemption prices of par plus accrued
iotcresi to the dote of redemption. The principal amounts of the Term Bonds to be redeemed on each mandatory redemption dime
shall he the principal amounts that would have been due and puyabte in the Maturity Schedule shown above had no conversion to
Term Bonds occurred. At Icast thirty 00) days prior to each mandatory date, the Paying Agemt'Rrgtsurr shnll select by lot the Term
Ilonds lobe redeemed and cuux a notice of rcdemption to be given in the manner provldcd in the Official Statement. 1
the principal amounl of the Term Bands required to be redeemed pursuant to the operation of such mandatory rcdemption 1
I rm iNiuns may he reduced, at the option or the City. by the principal amount of die Tenn Bonds of the same maturity which, N least k
SS dais print to such redemption dale, (i) shall have been acquired by the City at a price not exceeding the principal wnouni orsuch
l inn Ilunds plus occmcd interest to the date of li^hase ihcrcaf, and delivered to the Paying AlitcWRcgistrar ror cancellation or (ii)
sh,J1 have hen redeemed pursuant to the optinnat redemption pruvlslont and not theretofore credited agamst a mandatory
Ird •rn pt kin n' ) u icemen I
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Y4i,%(; ArasIJNrLtstR.vP the initial l'a)Ing AgcotRegi liar shall be Chase Bank of Texas, National Assisciation. Drullas, ~
T csa (see' I he Bond, and Bonds" Paying Agen6'Registrar" in the O111cial 5latemenl 1.
5r0 Rt 1'(* PAV Mr S r . I he Bonds are pay able both n to principal and interest. w,lcl) from and secured by a first lien on and a
pledge of the Net Hrvenues of the lhitit)r S)elem a0cr payment of maintenance and operdming expenses (sce 'The Braids •
sccunt) and source of Payment")
' further details ICvarding the Ikmds arc.scl forth in the Official Statetemenl.
• ONDll IONS OF THE SALE
Ts Pt OF Huts 4x13 141P at %I Flit Is , . I he Bonds oil: ve odd in one block ten an "AID or None" basis, and at a price or not less
Than 98 S", or their pia value plus occmcd Interest from the date of The Bonds to the date or vidivery of the Ilunds, Bidders are
1 (ni iied to mime the rrarrt y of imareo to ba kome by the Bonds, poo ided Ihal each rate bid mutt he in P mumple or I AS or I es or t,20
of "s mid the net etlctrve inlcrest rule must not esceed 15"s . The highest rate bid may not « ccW the too" rate bid by miee Ilion
2"o In ale hderM rates fur maturitie on and oiler December I, 21X78 shall be structured in ascending order such that for exh
suaecding maturity, rules shall he equal to or grcelcr than the interest rate for the maturity of the procceling year No limitation Is f "
impowd iron bidders as to the number or rates or changes which may be used. All (kinds of one maturity must bear one and the sTr~.. s a~
• sane rate. No bids involving supplemental inlcrcst rates wilt k considered.
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BASIS Fon Aw Attn... The sale of the Dinds will M awardal to the bidder making a bid tip^. confiums to the specifications herein
and xhich produces the lowest True Interest Cost rate to the City. The True Interest Cost rate is that rate which, when used to
compute the total resrnl value as of the Dated Date of all debt service payments m the Bonds on the bails of semi-annual
p
' compounding, produces an arnaunt equal to the sum of the par value of the Bonds plus arty premium bid (but not knterah accrued
I from the Dated Dale to the date of their deliver)), In the event or a bidder's error In Inleresi mat rate celculatinns, the interest rata,
and premium, if any, set forth in the Official }Sid Form will be considered w the oniciai bid,
Gam FAIL r ftrio er . . A Oood Faith Deposit, pay nblc to the "City of Denton, Texas", in the amount of $735,9W W. Is required,
Such G.wdl Faith Nrio% t shall be o hank cashices check or cenined check, xhich is to be retained uncashed by the City pending the
I Purchaser's compliance xith the terms of the bid and die Notice of Sale and Bidding Instructions. The Good Faith Deposit may 1
accompany the OfTiclul Did Forth or it may he submitted scparatety If submitted sepurately, g shall he made available to the City
prior to the opening of the hide, and steal! M ncemipanhd by Instructions from the bank on uhkh draw n xhich aulhnnre iv use as a
e fond Faith Deposit by the Purchaser % ho shall he named in such InsWctions The Good Faith Deposit of the Purchaser will be
returned to the purchaser upon payment fur the Bonds. No interest xkll he Ovxed on the Good Faith lkposit. In the went the
I'unhaser shnald fall or refuse to lake up and pay far the Bonds In acmrJntxe w Ill the bid, then all chore shall he cashed and ~
accepted by the City as full and complete liquidated damages. The checks accontpanying bids other than the winning bid will be
mottled Inimcdotely after the bids are opened, and an award of the Bonds has ken made
DELIVERY OF TIDE BONDS AND ACCOMPANYING DOCUMENTS
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CUSIP NcSlatRS, It Is anticipate{ that CUSTP'denlificatior numbers will appcer on the Bonds, but neither the failure to print or
type such numhcr on any Bend nur any error with respect Ihcreto shall constitute cause for a failurc or refusal by the Purchaser to
accept delivery of and pay for the Bonds in accordance with the terms of this Name of Sale and Bidding Instructions and the terms
of the OlTicial [lid Dunn. All expense In relation lo the printing or typing of CUSIP numbers on the Bonds shall bepaid by the City;
I provided, however, that the CU51P San lee Bureau charge for the assignment of the numbers steel! M the responsibility ofand shall
iv paid fur by the Purchaser.
` Del.tvtav or Bonds Initial Delivery rill bet accomplished by the i.uuance of one Initial Bond (dsa called the "Bond" or
f■ "Monde"), either in typed or printed form, in the aggregate principal anoun( of $3',793,DW, payable In ruled Installments to The
Purchaser, signed by the Mayor and City Secretary, approved by the Attorney General, and registered and manually signed by the
Comptroller of Punlic Accounts, Upon deliser) of the Initial Bond, It shall be Immediately canceled and me defnhist Bond fur
each malunty rill M registered and delivered only to Cede & Co. and dcpc, Oed with WC In cnjxction with DTC"s
Uook4rnlglhdy Syxtcm. fklivery wait be at the principal once or the paying AgenvRegislrar. Payment fur the Bonds must be
runde in imniedintcly a.nilahte funds for unconditional credit to the City, or m otherwise directed by The City. The Purchnser will be
given six busincxs days notice or the time fixed for delis er) of the Bonds. It is anticipated that deriver) of the Band(s) can be made
on or ai August 25, 1999, and it is understood and agreed that the Purchaser wail accept dchscry and make payment for the
bonds by 1000 AM. CUD, un August 15. 1999, or thcrcancr on the date she isond Is tendered for delivery, up to and Including
September k 1999 if for any rcoun the coy Is unohle to make delivery on or before September A. 1996, the C ity shall Immediately
cniodcl the I'unhnsur ant vlTer la allow the Purubass , extend Its other form e11, lonid thirty days 111h, Purcha<er dncs not dee:l
v e!%. J cr ti id,h, my days Ibereufler, then Its Good Faith Deposes xi l be rc,urned, and both the City and the Purchaser shall
t v OwNcJ of any further ohligntlon. In no event shall the City M liable for any damages by rearm of Its railure to deliver the
hands, prmided such failure 1, due tucinuntetwea Mynnelthe C'ity'e reasonable control.
1'uxntlluxi to D P I 1%1As I'he ohligatiun urthe Putehaser io lake up and pay for the Bands Is subject to the Purehaule receipt
Of (a) the Icpnl Opinion or McCall, 1140uro A Horton t,.1, P, Dallas, Texas, Bond Counsel for the City ("Bernd Counsel"), (b) The
noditigaiwn eenif odic, and (c) [he ceitificarVon W o the Ofnclal Statement, all as further describeJ in the Ofncial Stalement.
MIN
In mdct lo provide the ('sty with Infonnutiors required to enable h ic) comply With certain conditions of the Internal Revenue Code of '
1,46 rcldling to the exemption of Inlerest on the Bonds from the gross income or their owner, the Purchaser will be required to
complete, evcculc, mid Jcliver to the City (on or before dx 6th business day prior to the delivery of the Bondi) a certification is to
[heir "issue price" substantially in the firm mid to the elfcct attached Iicrctu or accompanying this Notice of Safe and Bidding
hismucriuns. In die weal the successful bidder will not reorler the Bonds for sale, such certificate may be modified in a manner
arpro,cd by the Lily In Mu W eat will the City fall to III the Bondi it a ii of the Initial Purchaan's Inanity to sell a
substAntlal amount of the Bonds ad A particular pr" prior to delivery. Each bldda, by submhting Ill agrees to complete,
execute, and dcliser such a colincele by the date or deivery or the Bonds, if Its bid Is accepted by the City. It will be the ,
respsmsihdily orlhe purchaser To Institute such syndicate reporting requirements to make such Investigation, or otherwise loOverlain
the racts necessary to enable it to make such certification with reasonable certainty. Any questions conceming such certincatkon `
' .hould he ditecued to Bond Counsel.
I
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LtGAL OPtNKM . The Bondi are ofrered when, as and if issued, subject to the approval of the Attorney General of the State of
Texas, Mlivery of and payment for the Bonds is subject to the receipt by the Purchaser of opinions of Bond Counsel• to the effect 111 lli
that the Bonds are vafid and binding obligations of the city and that the interest on the Bo:ids will be excludable from gross income
for federal income tux put" under existing law, suhjcd to the matters described under `Tax Matters" herein, including the
al temative minimum tax on cot porations.
CI:RtitlGTIOr of OFFRIAL. STX1tMM At the time of payment for and dm,W IRlivery of the Bonds, the City %M Circuit:
and def ver to the Purchaser a certificate in the form set forth in the Official Stateme IL
Cn.%s(;E t\ TAx ENLsn,i ST Arts . ..At anytime before the Bonds are tendered for dcdivery, the Purchaser may withdraw its bid if I • -
the interest received by private hullers on obligations of the same qpe and character shall be declared to be irkfudable in gross
income under present federal income tax laws, either by ruling of the Internal Revrnue Sen ice or by a decision of any Federal ccu4
or shall be declared taxable or he required to he taken into account in compmiag any federal income taxes, by the terms of any
federal income tax law' er need subseq--ent to the date of this Nutict of Sale and Bid. ding Instructions.
GENERAL 1
FlrArtr u. Aoascaa . Pint &suth%cst Company is employed as Financial Advises to the City in connection with tlv issuance of I
the Bonds. The Financia I Adv isor'a fee for services rendered with respect to fx We of the Bonds is contingent upon Inc issuance ` r
and delivery of the Bond First Southwest Company may submit a bid for the Bonds, either independently or as a member of a 1
sy ndicale organised to suhma a bid for the Bonds, First Southwest Com;,my, in its capacity as Financial Advisor, has relied on the a
opinion of Band Counsel and has not verified and does not assure any responsibility for the information, covenants and -
representations contained in any of the legal dmunwnts with respect to the federal income tax status of fie Bonds, or the possible
iniract of any prrsenL pending or future actions taken by any legislative orjudiciad bodies. In the normal course of business, the `
in:mcial Advisor may from time to time sell investment securities set the City for the investment of bond proceeds x other funds of f -
the City upon the request of the City,
or i F Swr Lew s... By submission or its bid, the Pumhassr rc:, esnW that the sale of the Bonds in states other than Tuas will he i
made only pursuant to nempti„ns from registration or, where necessary, the Purchaser oilr register the Bonds in accordance with the y O
securities lose of the stales in which the Bonds are offered or sold, The City agrees to cooperate with the Purchaser, at the Purchaers
written request and expense, in registering the Bonds or obtaining an exemption from registration in any state uhcre such action Is
necessary, provided, howeocr, that the City shall not lc obligated to execute a general or special consent to scnice of process in any
soeh jurisdiction. i
Not Ar Osn:e to St.1.L ..This Native of Sale and Bidding Instructions does noo alone constitute an offer to sell the Bonds, but is
merely noice of the sale of the Bonds The offer to sell the Bonds is being made by means of the Notice of Sale and Bidding '
Instructions the Official Bid Form and the officiat Statement Prospntoc pumbasen we urged to carefully examine the Official
Stulement to determine the investment quality of the Bonds.
ISSI'Artt oFAnDrrlo%AI. Brat. . I he City anticipates the issuance of approximately $7,630.000 in aggregate principal amount -
of additional Utitily Sy stem Rcvcnae Refunding Bonds within the next 60 day per,d.
IL%tiros. The presently outstanding Utility System rexemue dcM of the City is rated 'A V by Moody's Imesiors Scnict, Inc,
I
t"h}oody's"d and A•" by Standard R I'um's Ratings Group, a disision of McGraw-1lill ("ShP") . the ('iry also has issues
ootsLmdmg M1nch are ruL~d "Ana" by Ivdorxh's and "AAA" by S&P Ihrsugh insurance by various commercial Insurance companies.
Applications for Contract r:nings on this issue here been made to bosh Moxfy's and SAP. The results of their dderminution; will he -
ri idled as soon its possible.
e tilt rl(IM1. &tx)INst a tot F In the event the Bonds se qualified for municipal t nd insurance, and the Purchaser desires w
purchase such insurance, dm cost therefor will he p9h] by the Pareharer. Any rocs to be paid to the rating agencies as a result of
said in%smtce will he aid by the l'iry_ It %ill b, rho responsibility of dic Purchaser to disclose the existence of insurance, its terms
urd ncccffcd Qu•rod w i!h rc,psrt n, the rco'fcring of nce Bonds,
Tea Usti( w St %11%11 ST top Comm ltrt r %1111 SLC Rttt 141-12 . The C'ily has prepared the accompanying Official
srucmcnt and. fonhc limbed purp)se' of comply irg %ith SPC Rule 1 Se2-12, deems such 0?cial Statement tole final as of its dare
within the meaning of such Rule fir the rurp.rs, of mvirrv prior to bidding. To the best kno%blge and belief of the City, The
0 r hfioi l Stdement contains informnfiun, including finmcial information or operating data concerning every entity, enterprise, fund, Q
account or person ,Intl is material to an oaluulion of the offering of the Bonds, The City has not entered loo any previous f
uimlinmrg diwlos e undertaking in a %rimcn contract set agrccrci specified to SI!C Rule I50.12fb !Miy and, accordingly, has ) l5
not failol to comply %iih any such undertaking. Representations made and to be made by the Ciry .onceming the ahsonce or material
misstatements and omissions in the Official Statement ve addrcssed edse%hcm in this Notice of Safe and Bidding Instructions and in I
the Official Smiennent
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The City will furnish to the Putchmer, or Wrchesas, acting through a designated senior representative, in accordance with x r '
I instructions received from the Purchaser% within seven (7) business days ftem the sale date an aggregate of 230 copies of the
Official Statement including a like number of copies of any Supplement(s) reflecting interest rates and other term relating to the
ds. The cost of a reprinted Official Statement, if the Purchase(s) shell so elect and the cost of any i i
i, initial rcoRering of the Bon
%
Official Statement to excess of the number specified shall be prepaned and distributed at the cost of the Purchase(s). The
Purchaser( s) shell be responsible for providing in writing the Initial reoRaing prices amf other Went, if sty, to the Firtettcied Advisor r
by' the close of the next business day Rifler the award Except as noted sbov4 die City assumes no respx~sibility or obligation for the
distribution or deliveryof any copies of ibe Official Statement in connection with the oRering or reoffering of the subject securities. ,r' ~•o
%
g Coi%nnumc DisewsURe ACREIE ENT The City will agm in the Ordinance to provide certain periodic information and
i 111 notices of material events in accotdence with Securities and Exchange Commission Rule I Sc2.12, as described in the Official
' Statement under 'Continuing Disclosure of Information The PurchaseRs') obligation to accept and pay for the Bonds Is
` conditioned upon delivery to the Purchaser(s) or (their) agent of a certified copy of the Ordnance containing the agreement +
ll described under such heading. r
f ADOMOnxt. Corns or Nonce Bro Tomw A" Srcartxterrt A limited number of additional cop es of this Notice of Sale and
Bidding Instructions, the Otlicial Bid Form and the Official Statement, as ava:labfe over and above the normal mailing, stay be f ,
_ obtained at the oRices of First southwest company, lave mrnt Bankers, 1700 Pacific Avenue, Suite 500, Daltas, Texas 75201,
Financial Advisor to the City.
2 On the date of the sale, the City Council will. in die Ordinance euthorixing the issuance of the Bordt, confirm its "novel of the "
farm and content of the Official Statement and any addenda supplement or amendment thereto, and wtlwritt its tax in the
reofferng of the Bowls by the Purchaser.
JACK MILLER i
Mayor
City of Denton, Texas
,
ATTEST:"
JENNIFER WALTERS ' ' • ~
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City Secretary
July 7, 1994
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BOND YLAR9 ~ t
Bonds Aawmalated Beads
g Maturing Aoout Bond Yeoa Bond Yearn Motarial
2006 S 310,000 S 2,597.111 f 2,597.111 2006
200' 310,000 4,182.667 7,379.778 2007
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2008 733,000 7,627.667 l '
_ 15,007.444 2008
2009 950,000 10,808.889 25,816.333 2009
2010 1,015,000 12,3634114 38,379.778 2010 1
2011 063,000 14,247333 32,6274111 2011
2012 1,120,000 16,103.111 68,730.222 2012 i °
j.
2013 1,175,000 18,068.889 86,799.111 2013
r 2014 1,233,000 20,2264536 107,025.667 2014
i 2015 1,300,000 22,591.111 129,616.778 2013 r
1 2016 1,370,000 2$,177.536 154,794.333 2016
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2017 1,440,000 27,904.000 182,698.333 2017 r
1 2018 1,513,000 3D,872 J33 213,570.667 2018
s 2019 5,393,000 31,0974336 247,668122 2019
2020 1,680,000 37,594.667 285.262.889 2020 j
2021 1,770,000 41,378.667 326,641.556 2021
2022 1,865,00) 43,461.356 372,106.111 2022 '
2023 1,963,000 49,867.333 421,973.444 2023
2024 2,063,000 $4,470,111 476,443,556 2024 ~I
2023 2,180,0(0 59,683.556 536,127,111 2025
2026 2,295,000 65,127.000 (11,254.111 2026
f 2027 2,415,(00 70,947.)33 672,201.444 2027
1 2028 2,543,000 71,311.444 749,512.889 2028
2029 2,680,000 84,092.444 833,605.333 2029
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I OFFICIAL BID FORM
,III` Honorable Mayor and City Council July 21, 1998
I City of Denton, Texas
3 Members of the City Council:
r Reference is made to your Official Statement and Notice of Sale and Bidding ltuttuctions, dated July 7, 1998 of $36,795,000 CITY
1 • OF DE'NTON, TEXAS MLI rY SYSTEM REVENUE REFUNDING BONDS, SERIES 1998A, both of which constitute a part
1111 hereof.
For your legally Issued Bonds, as described in said Notice or Safe and Bidding Instructions and Official Statement, we will pay you
-*of par and acc'rue'd it lens from dale of issue Io date of delivery to us, fa Bonds maturing and bearing interem as follows:
i
Principal Inlcre9 Principal Interest Principal Interest
t{ Maturity Amount Rate Maturity Amount Rau Maturity Amount AMC
1. IVIM f 310,000 % 1211/111 f 1,235,000 % 12/1!22 It 1,1165,000 %
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IVIV $10,000 s: 111145 t,300,I)00 % 12/1123 1,965,000 %
1. MI MS 735,000 % IZV$6 1,370,DW % 128/24 2,065,000 %
1211109 950'00 % 12/1117 1440,OW % 12/1125 2,110,000 %
12/1110 1,015,000 % 12/1111 1,515,000 V. 12/1126 7,]95,000 % 1
1211111 1,065,000 % 12/L/19 Ia95,000 Si 12/SR1 2,415,000 %
12/1/12 1,120,000 % 12/1120 1,670,000 % IV1129 2,545,000 %
12/1117 1,175,000 % INIf21 1,770,D00 % 12/1129 2,660,000 %
r. -
Muds tr dv ing on Decemher I, 2006 through December I, 2011 shall be Serial Bonds A• Indicated below, the Bidder may bid am
or two , n. bonds cunsWing of the December 1, 2012 through December 1, 2029 matunlies with each tam consisting of Iwe or
mor, msccutive annual principal amounts eccumutaled from the maturity schedule shown above. For those yeah which have been
nn."..ed into term bonds, the principal amount Aossn in the table above shall be the rrundatory sinking fund redemption amounts
( in such yean ncrpt that the amount shown in the year of the Senn bond maturity date shall mature in such year. The term bonds
created are m folloN's',
Year of
Mututity Date First Mandatory Principal Interest j
December I Redemption Amount Rate {
f
%
%
.1 31
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1,.
a" our calculation (which is nnte, art of this bid3of the true interest cost from the above is: `
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• 'I RUE TN'D I'v.s i- COST ' k
J We are having the Hands or the follow ing maturities insured by _ nt a
premium of 11 , said premium to be PmW by the Purchaur. Any fees to be paid to the rating agencies as a r
result of said insurance %ill be paid by the C'lty~
` y 'I Nc Initial Bonds shall he registered in the name or ,which will, upon payment r
for the Bonds, It canceled by the Paying AgentRegistrer, The Bonds will then be registered in live name of Cede R Co. fDTCs
parmcrship nominee). undo the Bock•lEntry'-Only System.
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A bank cashicfa check or certified check or the Bank , in the amount of $73 5,900.00,
which represents our Good Faith Deposit (is attached hereto) or (has been made available to you prior to the opening of this bid), and is
submitted in accordance with the terms as set forth in the Official Statelnem end Notice of Sale and Bidding Instructions.
We agree to accept deliver) ' of the Bonds utilizing the Be -Entry-Only System through WC and make payment for the Initial Bond in li r
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immediately available funds In the Corporate Trust Division, Chase Bank of Texas, National Association, Ddlas, Texas, not later than
10:W AM, CDT, on August 25, 1998, or thereafter on the date the Bands are tendered for delivery, pursuant to the terms set forth In the
Notice of Sale and Bidding Instructions. It will be the obligation of the purchaser of the Bonds to complete the DTC Eligibility
( art; ~
Questionnaire. 1
'r The unkisigned agrees to completes, execute, and deliver to 0x City, at least six business days prior to delivery of the Bonds, a certificate
r relating to the "issue price" of the Bonds in the farm and to be effect accompanying the Notice of Sale and Bidding Instructions, with ~a 1 °
such changes thereto as may be acceptable to the City. ([~i
We agtee to provide In writing the initial mfleriog prices cad other term; Ifan to As Financial Advisor by the close ofthe neat
business day after the award. l { } ,
a Respectfully submitted, Syndicate Member: tF
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Authorize Repte"tative
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ACCEPTANCE CLAUSE r r
The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, subject to and In accordance with the Notice of i r 1
Sale and Bidding lnwuctions, this the 2l A day of July, 1998 RR
ATTEST:
Mayor
City of Denton. Texas
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City Secretary
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CERTIFICATE OF UNDERWRITER n
t The uncicnigned hereby certifies as follows with respect to the safe of $36,793,000 CITY OF DENTON, TEXAS UTILITY
SYSTEM REVENUE REFUNDING BONDS, SERIES 1996A (the"Bonds
1, The undersigned is the underwriter or the manager of the underwriters and selling group (the "Underwriter") which has x
purchased the Bonds from the City of Denton, Texas (the "Issuer"}
2. The undersigned has made a bona fide offering of the Bonds to the public.
P
7:. 3. The first price during the initial offering (expressed as a "yield") of each maturity of the Bonds at which a substantial amount
hereof (at least 10 percent of the principal amount of each maturity of the Bonds) has been sold to the public is set forth below: ,
Principal Principd Principal
Amount Year of Issue Amount Year of Issue Amount Year of Issue re
Mahwng htsruri Pria Manning Maruoiry Yriu Mtlurina Maturity Pricy
S 310,000 2006 S 1,235,000 2014 f 1,865,000 2022
♦ 4. 510,000 2007 1,700,000 2015 t,965,000 2023 /r
"rLl' 735,000 2003 1,370,000 2016 2,00.000 2024
950,000 2009 1,440,000 20[7 2,180,000 2023 r r r i
1,015,000 20t0 1,515,000 2010 2]95,000 2026 ¢
1,065,000 2011 1395,000 2019 2,415,000 2027
6
[,120,000 2012 1,610,000 2020 2,545,000 2021
t, 115000 201) 1,770,000 2021 2,61000 2029 • '
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4, Fur u os"s or this certificate, the tern 'public" dots not include a the undersigned, (b) member of the syndicate, it any,
managed by die undersigned, or (c) any bondhouses, brokers, dealers, and similar persons or organizations acting in the capacity
of underwriters or whofesa)cn that are related to, or controlled by, or are Kling on behalf of or as agents for the undersigned or
members of any syndicate in which the undersigned is participating In the sale of the Bonds
5. The offering price described above reflects current market prices at the time of such sales.
6, If any or all of the obligations coy istituting the Bonds are to be guaranteed then the premium paid for such guarantee In an ,
amount equal to S is a reasonable amount payable solely flit the transfer of credit risk for the
payment ordebt service on the Bonds and does not Include any amount payable for a cost other than such guarantee, e.g., a credit
rating fee The Underwriter has represented that the present value of the premium paid for the guarantee for each obligation
constituting the Bonds to which such premium is properly allocated and whicb arc insured thereby is less than the present value
of the interest reasonably expected to be saved as a result of the insurance on each obligation constituting the Bonds. The
premium has been paid to a person which is not exempt from rederat income taxation and which Is not a user or related to the
user of any proceeds of the DSonds. In determining present value rot this purpim. the ykld of the Bonds (determined with regard
to the payment of the guarantee fee) has been used its the discount ruts, a
k ylt 7, the undersigned understands that the statements made herein aill be relied upon by the Issuer In Its effort to comply with the r
cnnditi0ns Imposed by the Internal Rcs cnue Code of 1996 and by Bond Counsel in rendcr)ng their opinion that the interest ran the ,
. Bonds is excludable from the gross Income of the 0%ners thereof
hXF(AIIF.IIandDI.I.IVIREDthis day or 1996,
(Name of Underwriter or Manager)
is By r,,•
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OFFICIAL STATEMENT Ratings:
Moody's: Applied For
Dated July 7, I"S S&P: Applied For
See ('Other Information
NEW ISSUE - Boot-Entry-Oily Rattop"bereto) o' I
In the opinion of Bond Counsel, interest on the Bonds will be excludable from gross Income for federal income tax purposes
' under .statutes, regulations, publisbed rulings and court decisions existing on the date thereof. subject to the matters described
under "Tax Mancn" herein, Including the alternative minimum in on corporations.
I
1'tlE BONDS WILL NOT BE DESIGNATED AS 'QUALIFIED TAX-EXEMPT OBLIGATIONS' FOR KNANCIAL INSTITUTIONS
I r 5.16,795,000
CITY OF DENTON, TEXAS v `
(De oroa Cop* ty)
V UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1998A
Dated Date: July 15, 1998 Dee: December 1, no shown below i'
PAIINCNT Ttvms Interest on the $36,793,000 City of Denton Texas, Utility System Revenue Refunding Bonds, Series '
1999A (the "Bonds") will accme from July 13, 1998, (the "Dated Dates) and will be payable June 1 and December 1 of each year -
commencing December 1, 1998, and will be calculated on the basis of a 360-day year consisting of twelve 30-day months. The
definitive Bonds will be initially registered and delivered only to Cede & Co., the nominee of The Depository Trust Company t
("DTC") pursuant to the Hoot-Entry-Only System described herein. Beneficial ownership of the Bonds may be acquired is
~ denominations of 55,0110 or Integral multiples thereof Ne physical deWery of the Boods win be made te the owners thereat v
I Principal or. premium, if any, and interest an the Bonds will be payable by the Paying Agent1Registrar to Cede & Co, which
l.. will make distribution of the amounts so paid to the participating members of DTC for subsequent payment to the beneficial
owners of the Bonds. See "The Bonds - Book-Envy-Only System" herein. The initial Prying Agent'Registrer is Chase Bank of
Texas. National Association, Dallas, Texas (see "The Bonds - Paying Agent/RegLtsr").
Ai-nroarty soa IS,AL'AY[Z The Refunding Bonds arc issued pursuant to the general laws of the State of Texas, particularly
Article 717k, Vernon's Annotated Texas Civil Statutes, ("VATCS'), as amended, and an ordinance (the "Ordinance') passed by die
City Council, and are special obligations of she City of Denton (the "City"), pe)eble, both asto principal and interest, solely from and '
secured by a first lien on and pledge of the Net Revenues of the City's Utility System (the 'System'). The Chy has not tavenrated
l nor obTlgated "I to pay At Refunding Bonds from moneys raised or to be raised from taxation (see "The Bonds -
Au(herity for lsauance"J.
Pist"O t . , . Proceeds from the safe of the Refueling Bonds will be used refund a portion of an obligation In the amount of 1
$34,114,562.78 ow td by (he City pursuant to a contract with the United States of America, Corps of Engineers, for the construction
and development of Lake Ray Robert Reservoir. Proceeds from the sale wilt also be used to pay the costs associated with the
i issuance of the Refunding Bards. r
MATURITY SCHEDULE t
1 See Inside Irranl Corer
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LEGALITY 'Ihe Bonds are oITcred for delivery when, as and If issued and received by the Initial purchaser(s) and subject to '
{ I the approving opinion of the Attnmry General' of Texas and the opinion of McCall, Parkhurst & Horton L.L.P., Bond Counsel, ,
Vallas, Texas (see Appendix c, "form of Bond CounsersOplnlon").
DwI Lnr It is cxpedcJ that the Bonds will be available for delivery through The Depository Trust Company on August 25,
ll 1998. I ,
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MATURITY SCHEDULE
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Price or Price or
Amount Maturity Rate Yield Amount Maturity Rate Yield
S 310,000 2006 $ 1,117,000 2018 1 1
510,000 2001 1,597,000 2019 t`
735,1100 2008 - 1,680,00(1 2020 " a
950,000 2009 1,770,000 2021
1,015,000 2010 1,865,000 2022
.i. 1,065.000 2011 1,965,000 2023
1,120,000 2012 2,065,000 2024 { I'
11175,000 2013 2,180,000 2025
{ 1,135,000 1014 2,293,000 2026 111 ,
11300,000 2015 2,415,000 2027
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1,370,000 2016 2s45,000 2028 1,440,000 2017 2,640,0u0 2029
(Accrued Interval from Judy Is,1998 to be added)
Rrntmil r Orl The City reserves the 600 at its option, to redeem Bonds having staled maturities on and after
[hccmbcr I, 2D09, in whole or in part in principal amounts or 55,000 or any integral multiple thereof, on December 1, 2008, or
my date thereafter, at the par value thereof plus accrued Interest to the date of redemption (see 'The Bonds • Optional I ,
Redemption.)
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No dealer, bnaFar, aalrsman a aher Perron has been authorl:ed by the Oily a the UnAemnlem.to glue any bFTorntajm a F,
make ay '
mpmx'ntatlau other &an thate conlaNvd in this OLTretal Statement and ITgi en a ^A*, z" other LtfarmwBm a repmsentatau maw rot be
1 ri npon as laving been aw4orw by the Cty m the Umhrwiters m OBiedd Swkwnt day nor C~Mfa m tab to rd Bao& d cep'
ll ar W~rnw ro a nm ro Yrhan tr p mmlaufid to make such offer Ln oath wboftroon • .
I I
CertuM IrVwmatlm rel6rth Armin has been obtahted from do CUy and o&r mueoes "Akh over hchrwd ro he ri but tr nw yuaanerd at b
~o
accuracy or yonop7rteness, a r t.• not to be rrortstrvnf as a mpmtenanm 4 the Lldrwltem Airy 7RTa'nm'm an.L erpmsrlmr of opFlm hm:n
} contained are subject to el,mg. , trFaa norm, amid neither the de7Mery qr d6 0" Skwww nor ary male made hemmWer shall, wder airy r
ormnatamx; create am kplka, n that them hat been no change in doe guts cf&t C4 or dire matters drsceebed hemin since the date hemef
'r J LVCO:1'N'E(-WY NTTH 171EiNTEA11'GOF 1NE80NDS THE VNrDERN'R(LERSMITOYEAAUOTOR fFFECTTRA.NSACTpNS R70CN
y I SfABIL7IE OR AULA741,N M. AURKET PXrFS OF 7HE BONDS AT A LEVEL ABOYE THAT FFN)CH MMNf OWEA07SE PREVAIL LN
TNEOPENAVRKET SLCHST.i_'FMVG, LFCOMHENCED, MAi BE DLSCON77NVEDATA,%f TIME.
TABLEOFCONTINTS
t ,
OFFICIAL STATEMENT SUMMAR'r......... .........4 SELECTED PROVISIONS OF THE BOND t1
ORDINANCE.--_ 24
tl CITY ADMINISTRATION ...5
larcrED OFTrrws S TAX MATTERS..........,... )T i r / ' i
SFTFcsED ADmmsmnvE STAFT s
7 '
CONSULTANRAND ADVISORS OTHER INFORMATION. . . 39 `
I RATD+os )9
INTRODUCTION... ........7 L?nGA... )9
P. V REO61AA m AND QUALmcATm a BITNDS -
THEBONDS............ .....1 FOIISALi,..... ...)9
LmAL INVEvrmEm AND Rjamt m TO SECURE
1 HL UTILITY SI'STEM l t Pusue FLNOS ae ITxv . 39
TARIE I •CvsTx)mm., R IROALMATTTAS ) 9 ;
TABLE 2 • I FN LARGEST FA.ECTRIC 0310MM...... . 12 Avmn47KTIY OF FiNAN(TAL DATA AND OTIn S `
TARLF.)•FFTAGY SALES IIT'ORMATEON ....,.40 r ,
12
t TABLE 5• I IISTOR)CAL STATimm. DATA.. ...15 FC(BiANC1LL RSfQ'iAL Dt Abv LSOR .....RE O..INFORMATgN............. TARLE 6 • WATER USAGE ........41
S ' .
TABLE 7 • TOP TEN WATER CUSTOAtW „ . 17 CFAT61CAT10N OF TNt OP"CtAL STAnMEKt. 41
I'ARLE8•ELECTRIC RATES 19 APPENDICES
1. 7ARLE9•NAttAtLATES...,.,. 16
Gw4 FRoRAinANNUAL vo Ti LREPORT... B I,, •1
TARLE 10 • WASTEWATER RATES 19 Excum DEBT INFORMATION__ ......20 FmmorBoNDCotmsE 'sOpmoN C ' i
TABLE I I • IX"t SEAVICE REQLvrAnxts 20 `
The cove page dercof, thb ps84 Ifie sppmdices included ,
acetic and any addenda supple mm or wwdmenl hereto,
FINANCIAL INFORMATION. ..........21 ~~~thrODidslShlcmrnL
TAn1E 12 • Ihnm SYsmm Commsm
$tA iLSfFNi DE t7PFAATIONS .....21 S k / ` rr t
root I S co mcw AND FUND BALANCES . . 21
1 Will 14 • CLARFNT INVESTRffNl1 27
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OFFICIAL STATEMENT SUMMARY
This summary is subject in all respects to The more complete information and definitions contained or incorporated in this Official
Statement. The offering of the Bands to potential investors is made only by means of this entire Official Statement No person is
authorized to detach this summary from this Official Statement or to olherw'ise use it without the entire Official Statement
[Hit Cm The City of Denton is a political subdivision and municipal corporation of the State, located in
Denton County, Texas. The City coven approximately 61 square miles (see "Introduction
Description of City"} ,
Tr[ FONDS The Bonds are issued as $36,795,000 Utility System Revenue Refunding Sands, Series "
- 19984. The Bonds mature, or are subject to mandatory redemption to maturity, on
1 Dr'or December I, 1999 through December 3, 2028 (see "The Bonds • Description of the Bonds"} `
PAVMtVt Of INTERLST Interest on the Bonds accrues from July 15, 1998, and is payable December I, 1998, and each I ! I~ .
` June I and December I thereafter until maturity or prior redemption (see "fhe Bonds - General"
' and "The Bonds - Options! Redemption"). r` IF
At-nionrn' FOR ISStANCE,...,.... The Bonds are Issued pursuant to the general laws of the State of Texas, particularly Article t I
117x. VATCS, u anwtded, and an Ordinance passed by the City Council of the City (see "The
.i Bonds • Authority fa Issuance").
i SECt'Rrn FOR THE BONMS..,..,..,.. The Bonds constitute special obligations of the City payable- both as to principal and interest, .
solely from and secured by a first lien on and pledge of the Net Revrnues of the City's Utility
System. The City has not covenanted nor obligated Itself to pay the Bonds from main
raised err to be rated from tautlon (see "The Bonds. Aathority for luaance"J.
li
I Its WMrrvONPR( TSIO6s....,...... The City reserves the right at its option, to redeem Bonds having stated maturities on and
after December t, 2009, in whole or in part in principal amounts of $5,000 or any integral
multiple thereof, on December 1, 2008, or any date thereafter, at the par value thereof plus
accrued interest to the date of redemption. Additionally, the Bonds may be subject to
mandatory redemption in the event the initial purchaser elected to aggregate one or more
maturities asa Tenn Bond (see'The Bonds • Mandatory Sinking Fund Redemption"). I
TAX ExtxtrrloN In the opinion of Bond Counscl, the interest on the Lords will be excludable from gross income II
for federal income tax purposes under existing lav , subject to the matters descdlxd under "Tax
Matters" herein Including the alternative minimutt tax on corporations /
I!st OF BOSD PROC'EtDS Proceeds from the sale of the Refunding Bonds wilt be used refund a portion of an Ohligalion m li
the amount of $34,114,56278 owed by the City pursuant to a arntract with the Umled States of
America, Corps of Engineer, for the constroction and development of Lake Ray Robert I
Rcsenoir. Proceeds fmm the sale will also be used to pay the costs associated with the issuance Il
of the Refunding Bonds. f. .
R.AONcIS _._....'The piewnlly outstanding Utility System revenue debt of the City Is rated "A V by Moody's ` .
~mcslors Service, Inc ("Mood)'s") and "Art' by Standard A Pones Ratings Sen'Ices, A
Division of The McGraw-Rill Companies. Inc ("SAP"). 1'he City also has Issues outstanding +
t t, Abich are rated "Asa" by Moody's and "AAA" by SAP Through Insurance by various
commercial insurance companies. Applications for contract ratings on the Refunding Bonds ,
~I a and the Bonds hart Ixcn made to Moody's and SAP (see "(hba Information • Ratings").
P4%%1V%1Rt(ORn _ Ibe City havncverdcfaulied on its Bonds.
Foradditional information regarding the Cily, please contact
Kathy DuPose David K. Medanich r k`
Assistant City Manager of Finance Fird Southwest Company I r'
City of Denton or 201 Main Street 1
215 F McKinney Strect Suite 1320 I
Demon. Tcxas 76201 Fort Worth, Texas 76102
V (940)349.8228 (817)332.9710 't
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CITY ADMINISTRATION
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ELECTED OrrxTALs
Term
' _City Council Expires
Jack Miller May, 2000
Mayor
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Ron[ Beasley May. 2000
Mayor Pro I'm i ,
f Mark Burroughs May, 2000
Councilmember -
Mike Cochran May,1999
Councilmember
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Neil Durance May, 1999
Couxilmember
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Sandy 1Qistoferson May, 1999
1 I Councilmember
li Carl Gene Young, Sr, May, 1999
Councilmemher
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Sr i. r(3r D AT).%i nVrS1lMTIA't STATT
Name Position
l1 Ted Henas ides City Manager
Rick Ssehla Deputy City Manager
r Kathy' Dutlose Assistant City Manager or Finance
Howard Martin Assistant City Manager of Utilities
Mike Jet Assistant City Manager of Operations
I Jcnnirer K. Walters City Secretary
Herbert L. Prouty City Anomey !
RobinRamuy munkirs? judge 'r
f CONSULTANT! AND Amisoru
.'l Certified Public Accountants.,.. Ikloitw A To kite L,L.P. '
'I Pat Worth, Texas
I Tlnnd Cnunsel „ . MLCa11, Parkhurst A Horton L L.P. y
Dallis, Tew
j Financial Ads lsor . .
. . Fast SouAwat Company ;
Dallis, Texas
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OFFICLAL STATEMENT
RELATING TO
$36,795,000
CITY OF DENTON. TEXAS
UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 199A -
INTRODUCTION
This Official Statement, Ahich includes the Appendices hereto, provides certain lafonnation regarding the issuance of
$36,745,000 City of Denton, Texas Utility System Revenue Refunding Bonds, Series 1998A. Capitalized terms used in this
Official Statement have the same meanings assigned to such terms in the Ordinance to be adopted ca the date of sale of the
Donds which will authorize the issuance of the Bonds, except as otherwise indicated herein. I
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There fullows in this Official Statement descriptions of the Bonds and ccnain information regarding the City and its finances. All
ducriptions of documents contained herein are only summaries and are qualified in theta entimly by refrence to each such
dcseument. Coy:-x of such documents may be obtained form the City's Vnisicial Advisor, First Southv. est Coml.any, Dallas, Texas.
DEsc'RIPTION OF THE CITY... The City of Denton, Texas is a political subdivision lowed in Denton County operating as a home"
rule city under the laws of the State of Texas ard a charter approved by the voters in 1959. The City opera'ts under the
Councib'Manager form of government where the Mayor and six Ccuncilmembers tee elected for staggered two-year terra The City
for the City while the City Manager is the chief admdnixtrative officer. The City 6 fy
Council formulates operating polity
approximately 61 square in ilea in area
THEBONDS
r DLSCRVTION OF Tilt BO%DS The Bonds are dated July 15, 1998, and mature on December in each or the years and in the
Il amounts shown on the cover page hereof. Interest will be computed on the basis of a 760-day y... of twelve 30•day months, and
will be payable on December I and June I, commencing December I, 1998. The Bonds will be issued only in fully registered
form in any integral multiple of $5,000 for my out maturity. Principal of the Bonds will be payable to the registered owner at
maturity upon presentation at the designated office of the Paying AgentRegl5trar. Interest on the Bonds will be payable by
check, dated as of the interest payment date, and mailed by the Paying Agent'Reglstm to registered owners as shown on the
records of the ' aging Agent'Registrar on the Record Date (see 'Record Date for Interest Payment' herein), or by such other
method, acceptable to the Paying Agent Registrar. requested by, and at the risk and expense of, tits registered owner. ]f the date
for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, legal holiday, or day on which b--,king -
instltutiuns in the city where the paying AScri0tegistrar is located arc authorized by law or executive order to close, then the dale
for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking
institutihms are adtlrorized to close; and payment on such date shall have the same force and effect as if made on the original date
padmcnt was due, The City Intends to use a book-entry-only system for the Bonds (see'Book•Ent.)-0my System").
I . At TII0KITx' Fok IvstAvcI . , . The Bonds arc issued pursuant to the general laws of the State of Texas, particularly Article 7176,
VAI US, av amended and an Ordinance approved by to City Council.
SIXI 11M A%D SOI R(F OF PA%%IEVT The Bonds are special obligations of the City payable, both u to principal and Interest, '
solely from and, together with cunain outstandi ,g revenue bonds of the City (the "Outstanding Parity Bonds") and any sdditioned
Pdriry Minds which may be issued in the future, secured by a rirsl lien on and pledge of the Net Revenues of the Utility System alter
t the payment of mnimenance and openting expenses. Maintenance and operating expenses include contractual psymnts which ,
under Texas laws and their provisions are established a operating expenses The City has outstanding Outstanding Parity Bolds
h secured by and pny able from Net Revenues on parity with the Bonds, a follows:
x + i haled Outstanding
i flare Dee as Issue Description
1 81 IN $ 175,000 Utility System Revenue Bonds, Still" 1988
1011 84 n,400,000 Utility System Revenue Bonds, Series 1919
3.1'42 4,135,100 Utility System Revenue Bonds, Serles 1992
1,119) 5,275,000 Utility System Revenue Bonds Snl^s 1993
611(9) 21,080,000 I lWit) System Revenue Refunding Bonds, Series 1993•A
WV93 2,633,000 Utility System Revenue Refunding Bonds, Taxable Series 1993•B '
• i 5(1196 2,673,000 Utility System Revenue Bonds, Series 19%
51 1.96 34,135,000 Utility System Rev true Refunding Bonds, Series 1996•A 0
3)1"1 7,175,1)00 Utility SystemRevenueBond,,Strict1990
W an Total S 85,685,000
(1) As 00une 1,1998.
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MARVIN
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T'he Blends are not a charge upon an, other income m revcmons of the City and thud never roosthute on Indebted a no or pledge of i
the general credit or tax log powers of the City. The Ordinvice does not creole a lien m mortgage on the System, except the Net 1
Revenues, and any judgment against the City may not be enforced by levy, and execution against Any property owned by the City, i
As additional security, a Rescue Fund is required to be maintained in an amount at lean equal to the average annual debt service -
r:quiremcnts of the outstanding Outvtmdtng parity Bonds, the Bonds and any Additional Bonds issued on a parity with the Bonds. a h
Any additional amount required or be accumulated In the fund by reason of the issuance of the Bonds will be funded from bond
piaceeds in accordance with the provisions of the Ordinance (see "Selected Provisions of the Bond Ordinance").
PLIDC tl) BY 1, FNI FS All of ,h: Net Revenue of the System wic4 the ex option of those in cxcere of the amounts required to
establish and maintain the Rescnuc, Roserv a and Int,sest and Sinking Funds n irrevocably pledged for the payment of the Bonds
and interest eicreon. The paymcn: of the Bonds and the I',teresf thereon shall constitute a first lien upon the Net Revenues of the j
5; stem
Pwras... The City has cuvcrmted in the Ordinance that it will at all times charge and collect for services rendered by the Sy stem
rules sulTicient to pay all operating. main+enance, replacemml and improvement exprnus, my , then costs deductible in determining
Ncf Revenues and to pay interest on and the principal of the Parity Bonds and my Additional Bonds, and to establish and maintain (o
the funds provided for in the Ordinance. The City has further ocamamed that, if the System should become legally liable far my `
other indebtedness, it wild fix and maintain roes and collect charges for the services of die System sufficient to discharge such {
Ineibtedncss. r
OP1;oN.a. RErasirrI0N The City tzserves the right, At its option, to redeem Bonds having slated maturities on and alter I t
I kccmbcr I, 2009. in whole or in Pont in principal amounts of 35.000 or any integral multiple thereof, on December I, 200& or till
any dale thereon.,, at th" par value thereof plus accrued inlc.rst to the date of redemption. If less than all of the Bonds are to be
re,b~,,ncd, the City may select the maturities of Bonds to be redecm.cd. If less than all the Bonds of any maturity are to be r
redeemed, the Paying Agent/Registrar (or D'TC whik the Bonds are in Book•Entr)"Ondy form) shall determine by lot the Bond% 11
nr portions thereof within ,,•h maturity to be redeemed. Ifs Bond (or any padion or the principal sum thereof) shall ha-,e Nor.
called for rcdcmption and ii ,Jce of such redemption shall have been given, such Bond (or the principal amount thereof to be
redeemed) shall become due and payable on such redemption date and interest thereon shot; cease to accrue from and "er she J
redemption dale, provided funds for the payi gent orthe redemption price and accrued interest thereon are held by th Aging 'I 1
Agen Otegistrar on the redemption date
MsvmAtoav Si%msc R NDRFDrmpilos In addition to bcingsubject to optional redemption as provided above, should the f
Purchavcri select Alternate 2 in the Notice of Sale nor either the Bonds (a combination of Serial Bonds and Term Bonds), the I j
Term Bonds arc subject to mandatary smisinr fund redemption prior to maturity at a price affair plus accrued interest to the
redemption dale from amounts required to br deposited in the Interest and Sinking Fund or such series with not more than two
Pam maturities its so des!gnated by the successful bidder As follows:
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The Bonds
2012 11160,000 2017 $ 13G5.0w 2021 S 1,69(000 2025 S 2,065,000
2013 1,115.000 2018 1,440,000 2022 1,763,000 2026 2,175.000
2014 '.:140(10 2019 1,515,000 2023 1.960,000 2027 2190,000
2015 1,213.O W 2020 1,595,000 2024 1,960,0W 2028 2,415,000
2orb 1300.000 2029 2340,000
Soiar at, Raratviwip At Icast 3U days prim to the date fixed for my redemption of Bonds or panbns thereof prior to !
m3turil) a written notice of such redemption shall be published once in a financial publicaton, journal. or reporter of general t
Orcvlmion among securities derlcrs in Ito City of New Yark. New York (including, but not limited tn. The It nd Buyer and T'he
Wall Sirecl lournal). or in the State Icxa; (inciuding, but not limited to, no Texas Bond Reporlci). Such notice also shall he
vent by the Paying Aprnn'Registrar by hulled Shies mail, rrsu~class ;postage prepad, not lea than 30 days prior to the date fixed }
for any such redemption. to the registered owner of eac;t Bond to by r_decmed of its address as it appeared on rho 45" day prim to
such redemption dale, rnaided, however, that t!te failure to send, mail, or receive such notice, or any der^ci therein or i+, the
' y-nding or nailing thereof, shall not affecl the vakda) or effectiveness of the proceedings for the redemption arm) Bond, and it
is hereby specifically provided that the publication ur such notice as required above shall be the only notice actually ryuircd in ` i
e connection with or as a prerequisite to the redemption army Bonds. O .
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' 0111TIOW lkmus...'the City may issue Additnral revenue obligations payable from the Net Revenucs which together with the i
Previou ty Ihotslmding Can) Minds and the Bonds shall he equally and ratably ; ,wred by a parity lien on and pledge of the Ned I
Revenucs of fhe System, srd,ed, however, to complying with certain conditions in the Ordinance The City currently intends to
issue epproximamfy $7,630.(0) in aggregate priccipal msount of dditiorial Utility System Revr a Rcpmding Bonds within the
next 60 day tvsiod. See " Belated lrovisions of Rand Ck6maxe" rm terms and "ondi:ions to be satisfied for the issuance of
additional bonus. 1
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Boon-ENnv-Omy SasTCM The Depository Trust Company ("DTC"), New York, New York, will act M securities
1 depository for the Bonds The Bonds will be Issued as fully-registered securities registered in the name of Cede & Co. (DTCs
partnership nominee). One fully-registered certificate will be issued for each maturity of the Bonds in the aggregate principal
amount of each such maturity and will be deposited with DTC
DTC is a limited-purpose tmst company organized under the New York Banking Lew, a "banking organization" within the
meaning of the New York Banking Lau, a member of the Federal Resene System, a 'clearing corporation' within the meaning i s.
of the New York Uniform Commercial Code, and a "clearing agency' registered pursuant to the provisions of Section 17A of the
Securities Exchange Act of 1974. DTC holds securities that its participants ("Direct Participants") deposit with DTC. DTC also
I facilitates the settlement among Participants of securities transactions, such a transfers and pledges, in deposited securities
through electronic computerized book-entry changes In Participant! accounts, thereby eliminating die need for physical
movement of securities cenlficates. Direct Participants include securities broken and dealer, banks, trust wmpanies, clearing
corporations, and certain other organlrations. DTC Is owned by a number of its Direct Participants and by the New York Stock
Exchang:, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Mom to the DTC {
system is also available to others such as securities brokers and dealer, banks, and trust companies that clear through or mdntain i
I a cuslodial relationship with a Direct Participant, either directly or Indimtly ('Indirect Participants"). The Rules applicable to
DIC and its participants are on file with the Securities and Exchange Commission.
Purchases of Bonds under the DTC ayslem must be made by or through DTC Participants, which will receive a credit for such
purchases on DTC , records, The ownership interest oreach actual purchaser of each Bond ("Beneficial Donee") Is in turnto be
recorded on the Direct or tnc ire. Participants' records. Beneficial Owners will not receive written confirmation from DTC of
? their rurchase, but Beneficial Owners are expected to receive writlcn confirmations providing dctuls of the transaction, as well
( as periodic statements of their holdings, from the Direct or Indirect Partieipanl through which the Beneficial Owner entered into y
1 the transaction, Transfers of ownership Interest in the Bonds are to be accomplished by entries made on the books of
Participants acting on heha!r of Beneficial Owner, Beneficial Owners will not receive eertifintte represeatdog their
ownership Interests In the Bonds, except In the event that rise of the book-entry system described herein b discoolinued.
1'0 facilitate subsequent transfers, all Bonds deposited by Direct participants with DTC are registered in the name or DTCs
partnership nominee, Cede A Co. The deposit of Bonds with DTC and their registration In the name or Cede A Co. effect no
change In beneficial ownership. DIC has no knowledge of the West Beneficial Owners of the Bondi, DTCs records reflect
{ only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not he the Beneficial I
I Owners. TheParticipantswillremain responsiblefor keeping account of their holdings on behalf of their customers
C'omc)once of notices and mhcr communications by DTC to Direct Participants, by Direct participants to indirect participants,
and by Direct Participants and Indirect Participants to Bencfte!al Owners will be governed by arrangements among them, subject
Il to any slalulory or rcgidatary, requirements as may be in effect from time to time.
Redemption notices shall he sent to Cede d: Co. If less than all of the Bonds w ithin an issue are bring redeemed, DTCs practice
1 is to dotenaine by hd the amount of the interest of each Direct Participant in such issue to be red.:med,
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Neither Dl C nor C'cde k C'n, will consent or vale with respect to the Bonds. Under its usual procedares, DTC mails an Omnibus i
Provy to the City as soon as possible aner the Record Date (hereinaner defined). the Omnibus Proxy assigns Cede R Cc 'a
convening or wting rights to those Direct Participants to whose accounts the Bonds are crediled an the Record Date (identified
in a listing artachcd to the Omnibus Proxy I
Princlpat 'and inlcre>t payments on the Bonds wid be made to D1CDI Us practice Is lea credit Direct ParticipanU' accounts on
carh p,i)ahle Jerre in accordance with ftcir respective holdings shown on DTC"s records unless DTC has reason to believe that it
w ill not receive payment nn such payable dole. Payment by participants to Beneficial Owners will be govemed by standing
instructions and cmtnmary practices, as is the case A6 sccnrities held for the accounts or customers in besier fmm or registered -
in "street name," and sill he the responsibility of such Participant and not of DTC, the Paying Agent/Registrar or the City,
subject to any statutory or regulatory requirements as may be in circa from time to time Payment of principal and interest to
1) l C is die responsihditp of the City, disbursement or such payments to Direct participants shall be the responsibility of DTC,
• and dishursemenl of such pa) menti to the fleneficial 0xvners shall be the responsibility of Direct and Indirect Participants.
111 U may discnnrinuc prix iding its srn ice as securities deposilory with respect to the Bonds at any rime by gluing reasonable `
police to the 01i Under Bach circumelances, in the event that a successor srcurities depository Is not obtained. Bonds ve ;
required to he printed and dclhcred.
I he Ciry may decide to discontinue use of the system of book-entry transfers through DFC (or a successor securities depositor)). a
In thal went. Bundy will be printed and delivered,
I'se ofCcrrnin term, in Qirer Seomw nfdiia npirfal,Starrmens. In reading lh;sOffieial Statement it should be understood that l ,
while the Bonds are in the Bosrk-t;ne)-Only System, references in other sections of ibis Official Statement to registered owner
should he read to inchide the person fix which the participant acquires on Interest In the Bonds, but (i) all rights of ownership
must ix exercised through DI C and the Bock-Entry-Only System, and (ii) except as described above, notices that are to be glven '
to regioeredownen under the Ordinance v.illbeglven only lobTC I
Information concerning DTC and the Book-Entry System has been obtained from DTC and Is not guaranteed as to accuracy or
completeness by, and is not to be construed as a representation by the City Of the Purchasers,
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PAVING ACtrcr/Rt.clsTRAK... The initial Paying Agent/Registnt Is Chase Bank of Texas, National Association, Dallas, Texas.
In the Ordinance, the City retains the right to replace Cie Paying Agent/Registrar The City covenants to maintain and provide it
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Paying AgenuRcgistrar at all timas until the Bonds we duly paid and any successor Paying Agent/Registrar shall be it
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commercial bank or trust company organized under the laws of the State of Texas or other entity duly qualified and legally
authorized to serve as and perform the duties and services of Paying AgenuRegistrar for the Bondi. Upon any change in the
Paying AllenVRegistrar fnr the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each registered
owner of the Bonds by United States mail, first class, postage prepaid, which notice shall also give the address of the new Paying
AgcKkegistrac ,
TRANSrra, Evnivict AND RLCISTRATIGN In the exent the Book-Entry-Only System should be discontinued, the Bonds
may be transferred and exchanged on the registration books of the Paying Agent,Registrar only upon presentation and surrender 11
thereof io the Paying AgenaRegislrar and such transfer or exchange shall be without expense or service change to the registered
owner, except for any tax or other governmental charges required to be paid with respect to such registration, exchange and
transfer. Banda may be assigned by the execution of an assignment form on the respective Bonds or by other instrument or
transfer and assignment acceptable to the Paying AgentRegistrar , New Bonds will be delivered by the Paying AgeroRegistrar, 11
in lieu of the Bands Will,, transferred or exchanged, al the principal office of the Pay ing AgennRegistrar, or sent by United States
mail, first class. i,oswgc prepaid, to the new registered owner or his designee. To the extent possible, new Bonds issued in an '
exchange or transfer of Ponds will be delivered to the registered owner or assignee of the registered owner in not more than three
t husitins Jays after the receipt of the Bonds to be canceled, and the written instrument of transfer or request for exchange duly I j
' rxccurcd by the rcglslcrcd owner or his duly authorized agent, in form satisfactory to the Paying AgentRegistrar. New Bonds
! regbrercd and dcliscrcd in an exchange or transfer shall be in any integral multiple of $5,000 for any one maturity and for a like
aggregate principal amount as the Bonds surrendered for exchange or transfer. See "Book-Entry-Only System" herein for a I f „t
description of the system to be utilized initially in regard to ownership and transferability of the Bonds. Neither the City not the
i+a) ing Agcnt'Registrar shot] be requir^d to transfer or exchange any Bond called for redemption, in whole or in part, within 43
dos s of the dale fixed fur redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the s
rcgoicred owner of the uncalled balance of & Bond.
Rrt'Oan DAIF FOR TNTERCST PAasr&NT , . The record date ("Record Date") for the interest payable on the Bonds on any
interest payment date means the close or business on the 15th day of the preceding month,
In the event of a non-payment or interest on a scheduled payment dale, and for 70 days thereafter, a new record date for such
interest payment (a "Special Record Date') will be established by the Puying AgentRegistrar, if and when funds for the payment
of such interest base been receised from the City. Notice of the Special Record Date and of the scheduled payment date of the
past due Interest ("Special Payment Dale', which shall be IS days after the Special Record Date) shall he ,enl at least rive
business days prior to the Special Record Date by United States mail, first class postage prepaid to the address of each Holder of
a Bond appearing on the registration books of the Paying Ag"vRegistrar at the close or busluess on the last business day next
preceding the date of nmiling of such notice. i+
&sxutrotut.ax' Wiortn►s , Exccpt for file remedy, of mandamus to enforce the City's covenants and obligations under the
Ordinance, the Ordinance does not establish other remedies or specifically enumerate the Events of Default with respell to the
Bands. The Ordinance dots not provide fnr a trustee to enforce the covenants and obligations c r the City. In ms event will registered r
ow nets hasc the right to hose the maturity or the Bonds occelcmfod as a remedy. The enforcement of the remedy of mandamus may
he ddLcult and tirne consuming. No assurance can he given that a mandamus or other legal action to enforce a default under the
Ordinance would he successful. Eurthennore, the City is eligible to seek relief from its creditors under Chapter 9 of the U.b'1,
Bankruptcy Code Atthuugh Chapter 9 providets for the recognition ore security Interest represented by a specifically pledged source
of rcsenucs, such prov Won Is subject to judicial construction, Chapter 9 also includes an automatic stay provision that would
pruhihil, without Bankruptcy Court approval, the prosecution of any otho Icgal action by etedimrs or bondholdersof an entity which t
has sought proteclion under Chapter 9, Therefore, should the City avail itself of Chapter 9 protection from creditun, the ability la
enforce any remedies under the Ordinance would be subject to the approval of the Bankruptcy Court (which could require that the t ,
action be heard in ll nkmptc) Court irmead of other fedcrat or state court): and the Bankruptcy Code provides for broad I
0 discretionary powers of a Bankruplc'y Court in administering any proceeding brought before it. The opinion of Bond Counsel will t
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rattle that all opinions rclatire to the enforceability of the Ordinance and the Bonds are qualified with respect to the customary rights
of dubion rclatile to their creditors. In addition, while the City has cuvenari to secure the Bonds by a first lien on the Net
Rcs cnucx, Band Counsel will opine only that a valid aad enforceable lien has been granted on the NA Revenue. Bond C burs el has ll I l
not been rryucstcJ W. and has nu(rcndcrcJ any u" inion as to the priority status of the pledge of the Ncl Res enuea.
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THE UTILITY S1'STEISf
} The Utility System includes the City's entire existing ekctric, light and power system and the existing waterworks and sewer system, ,
together with all future esh`nslans, improvements, enlargements and additiau theMo.
7'he PuNic f1dwer Board . By City Charter. then has been created a Public Utilities Board (the `Board") composed of rivet
memhen, appointed by the City Cc it with the City Manager and the Assistant City Manager of Utilities serving is ex~olBcio
members of the Board without voting privilege. The Board serves dte Department of Utilities is a consulting, advisory and
supersisor) body
I The duties of the Board are summw..wd as follows,
I. Review of the Annual Utility Operating Budget and the transmission thereof to the City Council.
2. Rcvicwofrecommended:
` a expansion of, additions to, betterment or. or extensions to the Utility System;
b. incurringofdcbt;
c. issuance of bonds, and
d. estahlishment of rates and charges.
3. Sul•mission an nually to Planning and Zoning Commission a list of recommended capital Improvements which, in the opinion of '
the Board, should he eonstrueted during the forthcoming five (5) yev period, ( r r
All actions of the Board u. a subject to final approval of the City Council.
Almiagcmrrrl of the (!nLty 5y:uem . . The Utility Systcm is managed by the Assislant City Manager of Ublitia who is responsible to - '
the City Manager. the Utility System is organized into three major servkea Electric. Water and Wastewater, and consists of
approximately 266 employees. In addition, within Utility Administration, there are various administrative sla1T, enerp management,
and financial administration responsibilities
the Electric Utility is composed of four main divisions:
I. I.Itttnc Production,
2 I.Icoric Distribution,
J Llcctric Mctctinp;'Substations'Comrtunicatioov,and
S. I:I voriol Lnginecring.
l h N alcr'Wa,wvwarcr Utilities arc composed of f s e main divisions, each of which is headed by a Division Manager They include
L Waler Pnxluoion,
N':ncr'N'astcw:ncrfidJ Services,
i, Nulee'N'aasa al cr I'nginecring.
i Wastcwntcr'I'rcalmcnt I'lanl, and
1 Municipal Loboahrry tl'. nvironmenial Services.
I he Polity Syxlum ulilires tile kniceS of the City's finance Department for accounting. purchasing told warchuusing Pre Utility
I sy Hem Miller die services or the public Works Ikpariment for design of minor waterrsewer lines, easement andrut right-of-way
j acquisition and in,po:tion of dcxcloperinstalled water and xwer lines. Vine Utility System also utilizes venous administrative
dcrannuots of Ibe l'iq for it., rawmncl, customer xrsice and data processing needs.
> I 11rsEnttau Svsitvs
tdvn:r„! The C'iq of Iknlun bas o" tied and operated its Geclne System (the "Lkdric Sy.,tcm") fcr approximately 90 yeah ,
without inicrmplion, During dik time. the Electric System has experienced a steady growth in customers and output requiring
purOdic aJJitionslo plat rodd'61ribrni(n Facilities.
v; twos ra I he I lcorte System pros ides electric mice to 12,5 Sh cu sltKnen located in the City, In 1976, the Pubii; Unibty
'i C'omIII IVSinr I!,[ I is,,ucd DvnI'n a C'erl Ificute of Conseniettce and Necessity IC(N) to serve electric, water and wastewater to a
1511 square mile area encompassing Isentotis then cloy boundaries, plus its extratcrrilonal jundidion area (ETJ). Pic LTl r
cenifcation area extends approximately two miles bgond Dcrion's 1976 city boundaries or to a neighboring city's boundary,
whichcvcriseRrust ikol"n is the exclusivepruxlJnofelectrie,waterand wo_Rewaterxnkrsto the area included wilhinthe 1976 o ,
I' city huundury area with the exception of a small area wbcre dual cen-ficermn was gnarled to Texas Power and Dlht Co (now 111
I lcctric to ) or Nnion County H"ttic Cio-Operative (new "CoServ") due to their aisling smice to approximately 100 i
1 cu>tumcrx Dual and rncasi,mal triple certification c%kts in the LI1, As the Chy, has annexed territory since 1916, the C'igr has ,
extended all utility service it, the newly annexed sear, and has served all waler and xulewater customers and over 954, of all t '
electric customers, lh; City has oranted 1'1U Electric a franchise to serve In the attar where the stoic or Trxas Public Utility
(,vtnmission hm gramsd It? PIN tric a Cali Beare of Conv enknce and Necessiry.
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The following tabulation shows die average number of cusiorners 1997 through 5993 and the average charge per kilowatthour.
_ Year Ended September 30,
Average Number of Customers, 1997 1996 1995 1994 1993 ,
Residential 27,624 26,888 26,463 25,822 24,468
Commercialllndustrial 7,466 3,387 3,353 3,287 3,201 r • S.
t
Other I_ 96 1__)30 1,274 1,279 387
Total Customers 32,58b 31,b05 11,090 70,386 28,036 8l
Average Charge Per Kah', ,
Residential 716 7.57 7.594 7.724 7AN
All Other 6.19 6.12 6,104 6.260 6.050 F. S +
1 ;
D
4 The following tabulation provides Information for fiscal year 1997 for the Electric System's ten largest customers in terms of both
! pods dchnand and annual rcvcnuea.
r
TAm t2 -T91s LARr, Lx7 Et trTaicCustrositas
Or
Annual Annual Peak kW I
kWh Revenue Demand k,
t)niversiryofNorthTexas 84,416.412 S 4,38?,291 18,149 >
PCterblILVaccar 33,637,751 1,907,235 8,360
fexwsWoman's University 32,7A4,091 1,757,757 8,243
City of Denton 29,221,474 1,761,987 11,035
Tetra Pak Inc. 21,067,200 1,092,418 4,368
Dkntun independent School District 16,678,481 1,367,069 9,881
Denton Regional Medical Center 11,929,937 726,286 2,987
Denton State school 11,902,490 674,781 3,433 r f ,
Vicio, Equipment 11,283,410 626,651 2,842
Acme 13rkk 10,646,829 665,902 3,108
Total 265,568,081 f 14,96),38) 72,426 + +
TAHL t 3- EnrNGY SA L t9
Re Electric Sy9.mi s sales of energy, in kWh, to principal customer classes for 1997 through 199J were as followsr
_ kWh Sold (000'9 Omitted)Year Lnded September 30,
1997 19% 1993 1994 1993
Residential 312,522 316,604 295,631 289,612 283,571 s
C'ommerclalAndustria! $56,749 551,297 529,028 512,823 494,167 llllll +
' 9'hcr 32,906 36,198 39,594 39,432 36,349
ti 10111Sale9 72- -r, 906,099 864,253 850,867 814,087
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Iventon receives upprusimately 696 of its energy from the Texas kunicipal power Agency (17vIPA) with the remaining energy from
gas generation w its own plant (f0-1 Sn61'. from other I'bIPA cities (15.2516); from hydroelectric units on nearby Lake Ray Roberts -
and Lake 1 cw issilIt 2.9",:; and from nonomy energy purvi from other utilities in Texas.
Present production facilities of the City's Electric System consist of rive steam turbine generating units and two by drotlectric units a
described as follows,
I Number
C or Name Plate Installed Year Placed
1) PC Units Capacity kW CRPaciry. In Seri, let
Steam Turbine 5
Unit 1 12,650 12,000 I95S
Unit 2 12,,j50 12,000 1953
Unit 3 22.000 27,000 1962
Unit4 61,162 61,000 1966
Unit $ 65,483 615'M 1913 k
Roi i lydro 1 1,20C 1,000 1991
f I.cw'isvillcllydro I 2.700 2,M 1991
7 177,841 181,600
f Nil five alemn turbine units uldue natural gas asi their primary boiler fuel. The City has contracts with Lone Star Gas Company for
Iran.pnrtation (if natural gem and wlth several gas supply companies for spot market purchase of natural gas. The currenl gw
transportation agreement expires tkccn&r 31, 1998. Negotiations arc underway to renew the transponalion contract
f [he City i, it member of the texas Municipal Power Pool which alw includes the cities of Bryan. <Aarland. Granville
and the I3rvos I lectric I'owttCouperetive, Inc or Waco,'fc im, each of whichhas itsown production, transmission and distribution
facilities. the City is adult a memM•rof the Electric Reliability Counsel of Tesast"PRCOT"), the regional Reliability Coordinating
Grganiiation for U cclric Power Systems in Taws. Denton participates with Garland and Greem'ille iii in pooling pcrafons to
nucximive each Lilies re*wrces though load and sales aggrcaation, and economic dispatch of generation resou%,3 I he DOG {
operations have repl.wcd prey tom I AIPP pooling operations which have changed due to operating preference of the TMPP parties.
letd,r 4lronCliml /ouv, Agency . The Cities of Itryen, Ixnion, Garland and Gr emille, Texas (the "Cities'), by conctimeni
urdinmttes dalni duly 1973, created the texas Municipal Power Agency (the "Agency"), ojoinr power agency ' wilhout taxing power,
as a separate municipal corporation end political sulsivision of the Sune in accordance with Article lWa, Vemon's Texas C'is it
S(arules, as tunvoJed [he Agency is gsnemed by a Board or Diteclors made up of two representatives from each city amt is
empowered ha pion, finance, acquire, construct own. operate and maintain facilities to be used in the business of generation.
1 tran+niissionand salcofclcciriccncrg)lo the( 'itics.
I ILII of the Cities has ClArTJ into an identical Power Snln C'untric', and as amci W. '*he "Contract"I with the Arency Nhish '
Nigates the Agency to use rcaconable diligence to pnwide power and energy to the C,' I + and, suhjnt 10 certain cxceplinrs.
nhligarcs the C'iticv lnpumhasepower andenergy produced. The Contract requiresthe Agenc) prepare annual hudgcli, projecting.
` its lnual System ('outs fit the succecJing year, including dchl scrsice requirements on its bonds, and L" submit the scone to the
(ltics. }laud on these and othci hudgclary facts and cmimalcu, the Agency sets the talcs and charges to be - n : by the Citics for the
ensuing y car.
• the C-ily is inicrconnecled with the INIPA transmission system (which includes No-138kv and oneJ45kv IntrcollncLllunS wi'h
[cv rs 1i ( I1'1 transrnusam s)siantj end the rlrvus f lectric Power C'ouperative 118 kv transmission system. Tnlercorr irm
c,9pA,ihtN includes 112 SA t it Spencer [ntirchange. 112 SM at Ikntun Nortlv'I MPA, wJ 60 k1i at fhmton No.tht8'PC. toullmg
281 kite, the I h11'A transn rscion s% stem serves the City via a 138 kid loop sucund the City. ISIPA fumixhes power to the It p
rlviugh a-IN Msa trandomtcr whhh inlenonnects to the It 1 335 kv Iranvrnission system and two 118 kv tla also interconnttaed
with the t I I tnsnsmission system.
I he contract fiirthet pros ides that if at am, time the amount of moncy on deposit in the Agency's Bond Ford is less flan the amot:nt - r
. then required to he on deposit therein w ithoul giving cotuidcralion to iransfem made from other than the Agency's Revenue Fund or
fiom bond pnxceJs. cosh of the ('flies is unconditionally oblili io make a payment. the aggregate of which shall he the amount ~ Q
f necessaq io mainttin the Ageoc)b Mond Turd. Rescne Fund and Contingency rod, In the required amounts, provided thin
it msfers may be made from the Reverse fund to the Bond fund for not more the two consecutive calendar months withmA
rcpleoiLhanent. Each of the Cites' portion of any such pa)meut ((he "Percentage Share") shall be adlu.leJ annually li on the
percentage thm each of the C iuci system load beaus to the aggregate system load of the four Citics, subject to certain quithi icatinns
19x,• 75P,10 32XId
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Each of the Cities unconditionally covenants in the Contract dtN Its Percentage Share of the payments to the Agency's Bond Fun ~ I e
Reserve Fund and Contingency Fund will be made, if required, and none of the Cities shall have the right of id-oft recoupment or
counterclaim against any such payments, r
All amounts able the City under the Contract, Including any amounts payable pursuant b the contractual guarantee described '
above, arc expenses of the City's Utility System and constitute a first and superior lien on the gross revenues of such System prior to
the pledge made on the Bonds.
Under the Contract, Me Cities must approve any "Project' before the Agency is autherired to proceed with the financing,
construction, equipment procurement and development thereof. After approval by the Cities, the Agency may prowd as it deems
appropriate Additionally, The Agency may make "System fkrvelopmenl and Reliability Expenditures" as "Approved Projects' fur li y v
facilities and purposes when authorind by the Cities. Certain expenditures for "Cesclopmestt Projects", as defined in the Contact, ' `
may be made by the Agency without the approval of the Cities. r
4pfxooed Projerr.r The Agency's power supply source consists of the Gibbons Creek Steam F"lectric Slrtion located In Grimes
` i. C'ouuty. Texas, an' includes a net 462 sncgawan ("SSW") Puwder River Basin fueled seam electric plan6 reservoir, railroad spur . p
assocloted transmisslon facilities, an adjacent surface mine no longer In use and related properties and equipment ("Gibbons i
Creek") the plant began commercial operation nn Wober I, 1983. To dale Gibbons Creck's fiscal 1998 Capacity and availability "''r ;
arc 87.Yi and 96.Yr6 respectively. The Agency's lignite mine is adjacent to its generating plant. Ligi,kc mine operations were
1 suspended in April 1996 when the plant was modified to bum Wyoming Powder River Flavin Fuel. ' " .
r
A,rure Poreer Sufyrly Sour,rs , . At present forecasted growth, she City believes it has sufficient power supply resources at its r I r r f
' own plant and thmigh the 1MPA Contract to meet its requirements through 1998. The C'dy will purchase shun-Icrm capacity IJ r
rcquiremcnts from (tGG partners
Bribe /F:<crlr l-upae rr The four 1MPA cities of Mnlun, Bryan, Garland, and Greenville have colered into firm power sales
agreements w ilh the cities of Bmrie, end Bridgcpun. Texas. fnenion dcxs not contribute significantly 10 the sales of excess capacity
or enrrgy duc to Im. excess r .vrvcs and Ibe future and to purchase capacity from othtts.
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TABLE 5 HISTORICAL STATISTICAL DATA
Year Erded September 30,
Sales of kWh: 1997 1996 1995 1994 1993
Residential 711,521,/99 31804,382 295,631,000 289,611,710 283,571,192
C'ommerciabIndustrial 536,749,093 551,297,075 527,028,000 512,123,244 494,632,477
` 869,270,592 869,901,457 624,659,000 802,434,954 778,203,669
Public StmtendIlighway 7,142,000 6,954,439 6,873,000 4,631,312 4,725,566
I Other 25,763,956 29243,480 32,721,000 33,600,672 31,137,551
S, A. total 902,176,548 906,099,376 864,253,000 840,866,938 814,086,786
Sa1n lot Resale 10,680,000 82,481,000 102,459,000 62,987,000 141,518,000 .
Total Sala 973,056,548 988,580,376 966,712000 903,853,938 955,604,786
Loss and Unaccountcd 36,509,000 33,886,000 27,836,000 25,510,0!10 34,322,000
Total Kwh to System 1,009,365,548 1,022,406,376 994,541,000 929,363,934 989,926,786
141ass and Unaccounted 3,62% 3.31% I.8044 2.74% 3.504: ` i
Residential 27,624 26,888 26,463 23,121 24,468 d
[ C'ommcrcialIndustrial 3,466 3,387 3,313 3.217 3,201 rf
f t Dlher 1,496 1,330 1,274 1,279 317
n Total 32,586 ?1,605 31,09) 30,388 28,056
x,s
Peak Duy Puwer Requirement 227,000 219,000 211,000 202,000 198,000
Present Plant Cnpxiry 182,000 112,000 112,000 182AD0 112,000
Aaal5S of Electric i m
Residential Cuslomem
Average Month
kWWCuslarncr 943 987 931 935 920
Hill perCustumcr s 76.10 S 74.71 S 70.69 S 7231 S 11.31
Re%enuepetM S 0.01 S 0.08 S 0.08 S 0.08 S 0.07
Co mmcrcialI ndustrial
Mvage blomhly
kUltrCustomer 13,386 12,186 11,149 12,919 13,495
Bill per customer $ 109,53 S 814.41 S 71473 $ 79215 S 774,34
r
Resenue per k%"b $ 0.06 S 0.06 S 0.06 S 0.06 S O.DIS
CrnssO Opgratirsa Income
Rcsidcnliat S 24.567,000 S 24,101,000 S 22,446,000 S 27,406,000 S 20,996,000 f
Commcmial:lndustrial 313,670,000 3%,101,000 31,372,000 31,666,000 29,168,000
i Wer 14,429,(00 12,773,103 13,302,614 17,082,620 14,706,173 r e `
! fr s S 72,666,W0 $ 69,981,103 S 69,)20,614 f 71,154,620 S 64,170,115
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FEOFRAL REGk'LATIOM., . Under current Federal statutes and regulations, the Electric System is not subject to Federal regulation in
the establishment or rams, the issuance of securities or the operation, maintenance or expansion or the Electric System. The City r
submits various reports to the Feekral Energy Regulatory Commission ("FERC") and utilizes the F'ERC System of Accounts in + v
maintaining its books or;xcounCs and records "
THE WwTEA SssTEM... The Water System provides retail water service to all customers located within the city limits, as sell as;
whulcsalc walcr mice of approximately I.I STGD to the Upper Trinity Regional Water District. 'rhe water distribution system y
consists of 311 miles or ware trains, 7 million gallons of ground storage, and 4.36 million gallons of eloated storage. The City is in
compliance w'nh all Stale and Federal water quality requirements. F
I'rtter Si,ri . The present municipal supplies are obtained primarily from surface sources, but underground sources arc 1
~.s ailuble for emergency' and hack-up purposes. "[he City has conservation storage rights in nearby Lewissille Reservoir which was
constructed by the 11. S, Corps of Engineers, This Res<noir contains a total of 436,000 acre fed or cunsenation star ;c. The City
holds the right to 21.000 acre fret of storage, With The balance being held by the city or Dalla< ("Dallas'). Bared on Lhe safe yield
4 90 2 mdhon gallons pcr day, (he City teceis es 4.34 million gallons per day In water rights from I.e x isville Reservoir. ` t
the City als, has 201,996 are fed of annual withdrawal rights from the Ray Roberts Reservoir (799,600 acre ices) located nine 1
~niles upntre,rm from the I.cw iss ille Rcsen oir Denton and Dallas hair delcnnined and agre el by eonlract that the safe l,ictd of Ray
Roberts Resen oir is 76 million gallons pcr day, and that Di nton•s share is 26'. or 1976 ,million gallons pcr day, and Dallas', share is ;
749. or 56 24 million galtuns pct day.
a'
Ray Roberts Rcsen oir was consuvcted by the U S. Corps of Engineers w ila the cities of Denton and Dallas hcii the local sponsors
and responsible 126" o and 741o rcepcclis el) I fol repaying NP i ur thr estimaled total cost of S30I,(1)O,WO amonized vier 50 y cars at
7.21'. interc 1. ]he conirun with the U S. Corps off ngineers Furthr pros iM that Denton and Dallas may delay repayment for 10
scars no Iv A I on 49", of such obligation provided they use less than 5201 or doe sire yield or the reservoir Do ton's prescnl 1
„hlig3tlun was refin;mced in 1996 with rcscnue bonds and the 1997 debt paymcrt was $1 million dollars. The first future water
adpply paya!em of $2114 ix-vl to the Corps of I'.nginecrs is due and pasuhle on Nnvcmher 1. 1999, The rescnoir is preseniy pull
and. Ihwaclo:c (viton rs reversing all its 10.3 61siD water roquircri from its rights in I.cisiesille and I.cke Hay Roberts
ftcknoirs. t
fkmrn continues to m•nneain a row watr conlret with the City of Dallas under which it is obligated to purchase at least 500,0W -
i ilium per day. l his is a minimum contract s plume which Fknbrn mataalns in urJr to keep open a long term option to purhace
rddnranul w al cr from Dallas in the future. [he water conlrau with the City of Dallas is similar to the contracts for retail endbir rr
tj
s•hoksakwe,_tdwtDaltassupphcsto eighteen (IN)other Nonhfcxmmuoicipalities, "[he City of Dallas wholesalewatcrpurchase
1,,, c ra the I try of Demon k currently 04238 cents per I.Mi gallons. 111111
onm is Irimmi oorking ssnh tl0e ('prcr Trinity Regional Water District to secure 20 h16b of raw water from the Chapman
.gas, ar in 1. •Ila l ountr, lesa:
I0 A m 71.010.1 us uwd ulmres its ground avatar well system as a contingency supply' in the Ii opt of an unusual shortage or in an
1e1(,ns 11. I. n osr'asion duc to aa:duraf disaster which may disrupt the wart treatment planl and it transmission system from
d,r WO MIN plant
J,r i
mt in. I in n2 klr U of currertly usarlublc surfce water solume Ourn I cmisillc fake (4.86 141(11) incluJing wastewater
I{ •ol nn li and lows R! Farts Lake (19.76 N10131 are sufTreient to sonic TkntoO needs until appruximatcly 2030 The ('it) of 1 s
I r,r ov , v lndo,wel a luue range water supply study to determine the watt requirements and supply' all ""hies ancr 2030.
,
r 1,. - 1 IN rc, n inJ w hid >ah wusersohunc for 1497 ascragcd appruximately 12 WOO
0 I it I he Iknton wait treaui col plant is capahlc of treating 29.73 8}GD. The hisloncal masimum day' was f '
. ` x kill d` n:YW, `I
! r r r r pan leas complclcel the design for s 10116D wet treatment plant to be liwated near Ray Ro!sIrts Lake. flans for
r . r t.. st F,cn po,Iponed pending expansion ncedx. Into ed wholesale walr salcs of apprutimately 2.7'1 to the Upper s
i 11 1.11 1A ;,r,r D rot will cease in 1998, huscd upon tic rnmpletion d.oe of thclr walcr livirri plant located in southern 1
t r rh I ictoon proic,ts• using forecasted growth rates, that it has sufficient capacity In (he existing 28 75 h1GD water
nt t meet Rs road customs pod, use rrgvirement which was 22.0 %16D in 1997 until approximatef} 2005
. r! ! r 1,g,,^,( n oirr Luri ici . . The City of Motor. in crngxration with )2 other Denton ('aunty cities, lawns and wooer ! 1
c,. o a luuc 16, 1789, elpccted the reatinn of the tipper irinky Regional Water District (1.3RN'D) thn'ugh enabling I Q Q
1 1 'r lu.rm the IIIKA YS purpose is to preside future raw water supplies, wholvale water and wastewater services to
LI/`' c n pi.,? vils, hit not limited to. Denton County I'T MIND is controlled by a Board of Directors representing the e'lics in the
i, s. ! m pal i rircc'oa may be adJrd when a city enntracts w ith [be U111R'D for planning or wholesale water and wdslewalcr g
"sI,.I'TRRUwill also plan, acquire ordcselopfu(urcrawwatrsuppficsortesnyoirsfor itsparticipatingmembers. 0
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W'hoksale Irentcd watet sales to the Upper Trinity Regional Water District began in June 1994. The current contract to rmolde
treated ualer to the Upper Trinity Regional Water District is an interim contract which will cease in 1998. The Upper Trinity
Regional Water District water treatment plant has been ccimplded and Denton Is selling raw water to the Upper Trinity Regional
Water District for trmtment based upon excess available capacity a0er serving Denionb cwTOmen.
f TA BI r 6 • W;cTLR U"G6 (GALLONS)
Average Maximum
Year Day Day
1993 11,670,241 24,240,000
1994 11,051.917 20,307,000
1997 11,876,691 22,750,000
1996 13,143,592 25,810,0(10
1997 12,631,382 24,758,000
Tnat.r 7 • TOPTLx WATLR CI'STOSIrrLS
Annual
Consumption
+ Name of Customer (Gallons) Revenue i -
I Upper Trinity Regional Water District 731,900,000 f 749,201
University of North Texas 199,286,570 642,783 f
City or Denton 152,636,520 175,470 1
Texas Woman's Unkcrsity 148.020,080 457,329
Iknton State Scboul 78,475,600 164,994
Lakewood fstaim hfobile Home park 49,218,8(!0 143,681
` Demon Independent School District 47,455,530 159,478
1 pctcrbill Motors 41,343,350 122,812
C'laytun Ilomes 40,061,000 Il7,153
Woodhill Apanmcnts 32,866,100 99,719 1
1,502.264,170 f 2,837,610
Tio W nNlr w x T IN Sv sr t. xt The w asicwater sy'sdem prox ides tetail w astsw 'ter rnllaiior and irniment service to the c itiiens of 1
Denton, as welt as Demon's tms wholesale wastewater cusfumcm the Toun or Corinth and the Upper Trinity Regional Water
Di±lrict The cullClliwn system cunsists of aprruximalely 344 miles of gravity wastewater tines, 17 miles of force mains, and 17 Till
,'cations. -
ll ;rvirmvler frroiexml Plaw In 1994 Ucnion completed a S9,5i 0,000 expansion of its wastewater treatment plant The plant is
l now orciatinanl for trcotmend of up to IS hIGD. and Is designed to serve iknion on to a population of 110,000. The wastewater
sy stem is efficiently operated and mainta'mcd, and is in compliance with atl Slate and hedcral discharge permits -
I
i the City of Mniuris wastewater treatment plant recessed a three year discharge permit from both the Texas Natural Resource
C'nnwn atinn Commission on April 11, 1991►,4 hass permit from the Fm ironmental Protection Agency dined November 26, 1991. -
Tlur discharge permits impose stringent hmitahnq on the rrnoval of ammonia, deehlorination, and sludge conditioning and
ireatment. Iknlnn's permit parameters for w'asicuatn treatment are currently 10 milligrams per liter for Biochemical (Gx)gcn
r{ Ikm."nd. 15 milligrams pct liter for Total Suspended Solids, 3 milligrams per liter for Ammonia. and S milligrams per liter for
1 Dissolved Oxygcn.
f II Iroleanle CuslumerT . 1Tenton has contr" to Imat whotcsale w'usewater for the Town of Canada and the Upper Trinity
Regional W'aler District. for 1997 the wholeuile treatment votunse averaged approximately 513,001! gallons per day, The City of
Iknton will Iransfcr approximately 117,000 gallons per day of their treatment tequlremenU to the Tlpper Trinity Regional Water
. " J
District plant in 1994
{ Urn ITV Rxtre . It 13 the City's policy to resicw electric, water and wastewater rases on an annual basis to assure adequry and
cqu'tyIndcpendrnl consultants we get.erally usrJ every SIh year, with City staff completing the work in house during dm
inic im. Rate recommendations we submitted br the staff to the Public Utilities Board for mvkw and approval, which then forwards
, -1 r a re.ommendation to the City Council for final approval. To date, the City Council has approved all rate mcommendstions of the
J I public Utilities Nosrd.
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TA IlLII ELECTRICRATES(EirnmkEOCTOBER 1.W) 4
Residential
Facility Charge 7.73 Single Phax '
13.45 Shrce Phase
I
Erxrgy Charge ur r
Summa W'inln {
Months of hla) through October Months o' November through April
1!p to 3.000 kWh 50.0561'kWh Up to I,D00 kWh $0.04341 Wh {
Oser 3,000 kWh $0.062L1.W'h user LOW kWh 50.0394,'kW'h t
(1) Plus $0 0200 energy cost ad)uslment. r 1
Commercial I I h
Facility ('huge $15 15 per month (sing!e phase)
520.20 pcr month (three phase) E r~ '
Demand Charge $8 W pcr kW' of demand (first 20 kW not billed)
i
(Minimum demand i&70 ii ormzrimum monthly demand for
hla) throug4 Octnlxr, First 20 kW nut bil led.) `
1 i
Fnagy Charge llr
%
Up to 2.3W k%kh 0.0675 WIt
ONcr2,3WkAh W030OLAI
Orer6.0WkWh So0265~kWh
li)i9us SIIP:W cicrgy cost adjuslmcnl. Rt
f ksl1.9.\YArr R RAUS(EME11% I G"OBLR 1, 1997) RRtt '
Residential l
Inside Cip' Limirs outside Citq Limits
r a(ilit) Cb%c 3.4" mrtcr S 9.35 per month $11.00 per month r
I' totter 11.40pcrmonth 13 10 pcr loon di
1 1 2" meter 16 25 ptt month 18,63 per mnmh
2" meter 18.10 per month 20.80 per month ,
Volumt Charge
Summer Winrcr )
1nsJc Oily hun (Sla (?crobcr) (Norembcr•A ril `1+
- f vw I I,rNX1 galltscros 2 60 per 1,1M gallons 2.60 per ,W0 gallons
Kcvt 11,000 gallons 3 A [%r 1,000 gallons 2.60 per 1,000 gallons
r h 'i us a 3?,tw gal I.ms 4 33 W LOW gallons 2 60 per 1,000 gallons •,,;,I
Outside City 1. imits '
First 15,(l(Rl gallons &3.00 per LOW gallons $3 00 per 1,000 gallons i ~ , r ' • I;
Ncvt 1300 galluris 4.05 per 1,000 gallons 3 00 per LW gallons
Oecr 30,(X81 gnllom 5 W per 1.000 gallons 3.00 pa 1,000 gallons
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Commerriol and Industrial
(Inside City IAMHI)
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l Facility Charge IT meter $20.20 per month
I" meter 22.20 per month
1 112" miler 25,75 per Mon,)
2" meter 31.65 per month +
r Volume Charge 2.97 per I'M gallons
'.'ABL E 10 " W ASTE%AT E R RATES (EEEE(TI1'T OCTOBER 1, 1997) /r .
Y ( Residential CommereiaVindustrial r
Facility Charge $6.20pCmonth Facility Charge $1620 per month ,
Volume Charge 247 per 1,000 g_!L,ns Volume Charge 3 0' PC 1,000 gallons
(Baud on 985: of average uer consumption up to 30,000 (Based on 8054 of monthly water consumption) a
gallons during [kcembC r c,;h rebruay) (Industrial surcharge baud on concentration or biochemical
{ oxygen demand and total Suspended solids of effluent)
Residential Customer Outside City Limits r ' r
Facility Chute SL 13 per month hliaimumBilling $L 15 per month
` Volume Charge $1.73 per ON gallons ! i
I Rote Regulation Within its boundaries, the City has exclusivejutisdiciion (n'er she eli cull; a six and wastewater s) stem rare,
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DEBT INFORMATION
Tat.t 11 • DE1f SI RY'ICt RtQ4'lAnILN1S
111 ~
I Fiscal
Year 'Total S.of
Cnded Uutstand:ng tkbt 'this $36.793.000 Issue Outstanding I4incipal
910 Princiral Interest Total Rlncipal InImm Total _ Debt ketired
t 1796 f 5,360,000 S 4,718,327 S 10,091,127 f 10,099,321 f /
1999 4,92$,ODO 4,934,991 9,759,991 S 1645,09 S t.645,0 59 11,403,057 k
2000 4,20.000 4,465116 9,097,316 1,174,117 1,814,117 10,939,433
2001 4.405,000 4,213,471 1,619,41t 1.174,118 1,114,111 10,492,599
2002 4,165,000 3.975.622 8.370,622 1,871,11'. 1.874,117 10,214,739 18,53°:
4,)90.000 3,731,120 1,121,320 1,874,111 1,174,111 9,997,431
103
2004 4-190 000 1,482,1,00 7,862,600 1 "74,117 1,874,117 9,736,117
2W3 4.393.000 3,2)3,780 1,628,780 1,874,118 1,874,118 9,502,998
7606 4,183,000 2,992,385 7,377,313 1,174,117 1,874.117 9.251.502 1..,
2007 4,400.000 2,773,404 7.153,404 S 110,000 1,967,220 2,177,220 9,330.624 36.34°:
1001 4,697.000 2.4919'j 7,193,976 510,000 1,849,648 2,338,841 9,532,924
2009 4,174,000 2.230,133 6,423,235 737,000 LANAI! 2.733,467 1,980,722
it 4.045.000 2,019.841 6,064,198 970.000 1,711,415 2.711.4 79 1,79073
21111 21:23,00) 1,643,470 4,069,470 1,017,wo 1,735.281 2,710,211 6,819.751
2012 2.320,rro0 1.714.927 4,D34,925 1,065,000 1,685149 2.750,349 6,781.274 53.1201.
017 2.420,000 1,579,9115 3,999695 1,120,000 1.631,802 2.771,102 6.741,797
2014 2!20000 1,431,919 )651919 1,175,00 1,314,701 2.749,708 6,708.626
IN5 2.11o ,0n0 129A,795 1,609,115 1,231,000 1,514,149 2,749,149 6.117.934
'016 2,0141!60 1.172,600 1,181.600 1.300,000 1,449,917 2.749,813 7,931.413
:ill? 2.11 S00u 1,032,944 3.161,974 1,370,D00 1,181,317 2,731387 5,919.131 6281'.
III I,91U.000 933,915 2.913425 1,440,00(1 1,309.190 2,149190 7,663.317
'Irt9 1.731000 824400 2,554,AW 1"5154060 1130.031 2,749.031 5,30,4311
„vrl 1,At3 no0 717,450 2352:4130 1.793.OOD 1.154,334 2,749,334 $.101,794
•I I,9in riW 603600 1.11).900 1,680,00 1,070.002 2,750,002 5.103,902
20'0000 461,300 2.333,300 1,170,000 991,165 2,731,161 5.304,467 81864:
11000k10 .15.2D0 2.154 200 1.963000 881,364 2.752,764 $107,764
2x.3.4 2 11}.1160 219,150 2774,130 1.963.(100 718.450 2,173.450 5107,600
ai;7 2445000 74.410 2,139,77() 2,1167,00 663.670 2,749,670 5.301,220
2,1110,000 771,300 2,773,300 2.733.300
456,970 2.731,950 2,751,970 94 0240
•7 7.291,000
70,6 2,115,00 1)4.490 2,749.490 2,749,490 1 1i r `
:lOq 2r7J3,M30 205330 2,750,530 71150,530
1 2,.'11 2,690,OW 69,610 2,749,690 2,749.630 1(1000".
1 4 91000.4 01)4 S 59,111).8611 S 15il4111164 S 16,797,W0 142,102,947 S 19,597,915 S 230,146,109
Ihtt' &Ts not inelude leasepuruhn,ee 0hhgaliOll '
J. ,J the 'sUc • 22 11,55 yn116, Inlcrcvl on the !lands I146 hecn calculated at the aseragr Intetesl rate or q 1.1y. fat
I I ,.111.11 haqtinn I ~
1440 1 t.l,
5 1, n fti 1 t vtvt I O qs1 f 61 8 BO\na... the City has rw vnlcJ but unissued msnue bonds.
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Q + i t n c n G 1101'" • e I, ttr R41F\I t 1kNM . the City anticipates the Issuance of approvimatcty 57,610.000 Utility System
It
rrl. r ar k..Grl,tn.; !funds w in the nevi 70 Jay peritti5. II
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FINANCIAL INFORMATION
TALI 112 • tilt III SISTLMC09DLRSLD STAfLStF.547 OFOPL0.1i'li
}'load Yta Ended!i tium ct 30, '
199!
1997 1996 1994 1993
1..4u9 K o% cn9sy
E,lcoric Serniee f 12,041316 S 69,$33:1$0 f 66,912,242 S 70,704.730 f 64,504126
Rntct and Scwo Scnlce 24590,1211 25,726,161 23,061,452 21,602,717 20,357,579
' Inlere4t lncnme 5,2$0,534 5,0$2,647 2,544,193 7,771,522 4,1$$66$
i cr Income 695.121 $11,3$3 467,775 528 291 443,302
lhh
S IOI,614,700 S 100.433,07 19! 045,662 S 96,572,936 S $9,493.273
I'otot Rncnun
I I ~pynkl
fuel and PurAxcd 11 S 46,742.413 S 46,/59.706 S 41,111,31 S 50,110,697 S 4$.69$,490
r Ralcr PurcheuJ 17221 $0.290 $1,212 2 7$,727 62,194
tfthcr opealing and Administratise hspensc, 1A 467_679 ` 17,062,925 15,750,762 11,469,721 14,932.163
S 6!.213,379 5 65,593.921 S 63,707,328 S 64,651,746 S 63,733,147
;i ` Tula f:•pcnxa /1 Nei Rnmue Mailahle for hcbt Scnlce
SI andOLhcrl.ewfulPurrorn S 7,330921• S 54,$59.516 f 31® 131.914,190 S 25,739.4 e
w 7241! 31,605 31,090 29,904 21,956
1lcatric CVS6tmtrs
Rater ('11410men 17,207 16,145 16,50 16,250 15,177
R'emcwater t'mlomen 17,271 16.111 16,470 16331 13.991
l jl j I)ue+not include internal utility transfer.
TcDtt13Cus4a4u►A nFrnn9uA~rreU1
S 6,195.254
Aseruge Annual Principal and Interest Rets, 1991.2021 5.75 limes
l'oterageufMcrageReyviremenuhy9.3030.91 91NRAsailablefnrDcMSmice -Alasimum Principal
mum and Interest
mente by 9-50-97 Reyuircmente, 1991 Net Asalluhle RH Plcht S 11,9 Time
- 4nke '
Carryg a ,if Alas' 3.19 Times
,
r I'ulrty5ysle+nRcscnu<fkmJ+lul+cDutslanJingaOcrIssuance ofdlelkmds . $91,065.000
~ 71, 1991'tt 4,919,104
Inlcrest enJ 5iuking FunJ, as of Afa 9.036
Rcxrvr l'unJ, as of A1ay 31. 1996 lim 1
_ f 230,01M) . ,
I mergcnry fund. as of Afay 31. 1998"' 4,530,116 ' .
I.stcusinn and Replacement T'unJ ns of Nay 31, 1998°1 k
i
(11 Includes the 11anJ+. !
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• FI.,a nt rte x 1rs
I Ei,rsie of Acernmling The xcouming pttlisks of The Pity, conhmm to generPlly x:rpted xcnunring principles of the
I o,%cmmentnl Accunnring SlanJardi Board and program standards adopted by the (kvemn.mi Flneoce Dlfieen Aswclaliun of the '
I'nite,l Shdes and ('an;Kda The 01 OA has aearded s ('ertifmme of Achiesemrnt for Eticellence in Financial Reporling to the City r ,
d I )cnhm for exh of the liaal )crus cnJed ticptelnhcr )I1, 1983 thmugfi September 30. 1996. The City s cumcol Mpnrt bill been
: submitledtoW(l Ato docnnineiIs eligibility for anobt:1Cemftcate.
• the Cily has also rc,ched the (ifOA'g award ro fhstinguished Budget presentation for its 1996 annu:d apprupriNion budget.
f reciting its highM rating lo J-99 The City has submitted 1,1 11997 budgN to the DFOA do derrermine Its eligihdity, for arnnhcr
Ccnific Ale.
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the measurement focuses for the 2ntcrprise funds, Internal Smite Funds and Nonctpcndable Trust Funds are income
determination and cost of scnlce, respectively. Accordingly, the accrual hasis, whereby resenues and expenses are identified in the r
accounting period in which they are earned and incurred and net income. Is utilized for these funds. he modified accrual basis, !l
whereby rescnues are recognsed wben they become both to asurahle and mailable for use during the )ear and e\penditures are
rccogntzed when the realed fund liability Is incurred, Is used for all caber funds.
Iludgetary I'n"dures. . As prescribed by City C'harler Ihe City Manager, at least 60 days prior to the beginning of each p seal )car, l s
submits to the C'ity' Council a proposed budget kx the final ) car beginning the following (etcher 1, lbs: budget includes proposed
e\penditurro and resenues iequired on fund the expendllures, rolluwing Council considerations, amendments and reOnements, a
public hearing is ordered and conduM for the purpose of obtaining la\poscr comments, The budget Is finally' apprnsed and
adopted by presage of an ordinance by [be City Council prior w the beginning of die fiscal )ea. the budget is adopted on a basis
consistent with generally accepted accounting principles. r
The City of Penton invests its imestabte funds in Insesunents author tied by Toni law In accordance with irtceslment rnlicies 11
approved by die City Council of Ihe City or. Dentin. Both state law and Ihe C'ity's imestmcnt policies arc subjinel to change. '
l.ecxl }Ktcstxtt,\ts, Under 4e\as Iuw, the City is aulhorircd to invest in I d) obligations ut'Ihe United Stiles or its agendes and
instwncntahtics, (21 direct (ibligahunv or the State or'Iov or its agencies and instrumentalities, (1) collalcrulircd mortgage e:.
obligations dircelly issued b) a federal agcnc) or instrumentality of the United Slates, the unJerlying WWII) for which is guaranteed
by an agency or instrumentlits of the Unhod Suites, (4) other obligations, the principal of and interoton which are unconditi,mally {
cwumrlceJ or insured bey, ur MckeJ by [be full faith and creditor, the State of I'etas or the United Slaics ur their respcctiv a agencies
and instrnmcntahucs, (5) ubligations of 5131M Igcncica, counties, cities, and other political suhdit loons or any stale ruled aq to
lnsestnicta quality by o notionally recogrind inscsmenl rating firm not less than A or its equitalcnt. (6) Certificates of deposit that
arc guarumced ur insured by the I'cdcral leposil Insurancc Corporation or are secured as to principal by obligations described in the
preceding cruses or in mm) other manner and amount prosided by law for C ily deposits, (7) certificates of d inosil and share
tcmifuuc, owned by a irate or federal crcdil union domiciled in Ibc State of Tom hat are guaranteed or insured by the 1'cdnal
Deposit Inm trance CogxrutOn tit the National Credit ('noon Share Insurance rand, or arc se:urcd as to principal by obligations
J sserl bed is the 6 lat14q I I I through t)) or in any other manner and amounl prm Wed by law for ('try dcrosits, (fl) fully collateralized
repurcha.,c ogee nails ihil hase a defined term init inn date, are fully secured by obi igzkiom described in clause I11, and are placed
V11,ugh n prnwD gnsemmenl securities dealer or a financial institution doing business In the State of 1"etas, (9) bankers'
asu•p1 races w ah the remaining berm nr 770 din s or less, N he shorWerm obligations of the accenting bank nor its rareni are rated id
hv,1 A-1 or 11•1 or the cyuis alent by at least one nationally recognlred credit rating agent), (10) commercial paper that is rated at
taut A I of 1'd or Ihe cgoiv,osot 6y tuber sal two nationally recognised credit rating ngencics eu (bl one nationally recognised credit
r abng atones it the r.ilier is tally scuurc,lby an irres sx aide k11cr of credal issued by a U S or slate bank, (111 no-lmxl money market
tooth al fun, 1. rcgut, I:J by the ticcui iota and I,\eban ge Commission drat haw a dollar wtightcd ncrage rortrolio maturity of 90 t r
,i,rs m rr toss ,nJ include in their inscslmcnt obicctncs du maintenance of a stable nick aswl salve of $I for ew.h share, and (121 no• It
Lm.l mur,ral funds registered will fie Secutities and IachangeCommissionThat . have an Iveragil weighted maturity of less than ttw
,(,..r.. If[ I e t, e\e1i,.ncls in sfbhgeGons J,:%ribed in the preceding clauses, and arc conlinunusly raked as to inaesimetil quatay by a1
11•1.1 Uric nol"i„ dl) ut'gnwvd lmesuncnl raring finks of nsA Icss than AAA or itsequisalcni.
i 1',a (rq rm.n ire cal in inch obligations drooly or through goscrttmenl investment pixels that insa\t Ocly' in dab obligations
t 11 Icd di,d the p, 1, are rued no lower Ihnu AAA or AAAm or an egwhatrnlb) al least tore nationally recognised rating winks:. ,
I h, (ir is preltic'ills probihited from investing in (I I obligations whew pa)mem wiftmius the coupon payments on the f~ t
a;.umJiuR punupd beadrace of die underlying morigagabacked wKurii) collateral and pays nn principal, (2) ubtigaiions chow 11
a; recut rep o•cr,ls the rrlnupal mrcam of cash dow from the undcrl)ing mongage•baeked security and bears no Inwre,NS (1)
11it.' 11110 ino(1i 4910 ublig:P,lorts that hate a dulled final maturity or greater doors Id )cart: and (4) eollatcrahzed mongogc
1d '1 a ~'n i dcre t rate of tvbieh is doennined by an mJcx that ad1Justs (gsposite to Ihe changes in a marl.rl index.
i 1
+ I, t r 1 si, \ 1 Fro n r i% I'nder letas law, the ('its is required ht invest its finds under written Intatmcni policies that primarily
. ;.r' 1 1 s,'.:, of pnnur,d and liquida)', that address inscstmenl dncrsificalion, )told. maturity, and the quality and capability of
1 17 1ii0i cot, and Ih:n Indutki a Iisl of awhsrind insestmenti for Cot) funds, matimum allowable staled mattuity offer) o m, ins' na^nt and Ihe maximum merage dollar-w6ghted
maturity allotted for pissed fund groups, All City funds must be
r." s.,d in a lea lowt consistent with a formally adopted 1n\estmenl Swale" StalemerW that specifically addres,ws each funds'
-ud I ten Insaslncnl Stndegy Slakcmcni will describe ds objecthes concerning. (1) suitability or mntmenl type, (2)
1,,. riw, and dada) of principal, (1) liquidity. (4) marketability of each intestment, IS) a isenlfication of the iscr io, end (6)
.a;. I he ( as has adopted an hwestmenl Sualcgy Statcmeat(14 fcuscrates the strategies objeclh es. ! t
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Under Texas law, City Investments must he made "with Judgment and care, under prevailing circumstances, that a person of
prudence, discretion, and Intelligence would exercise In the management of the person's awn affairs, not for speculation, but for
Investment, considering the probable safety of capital and the probable income to be derived." At least quarterly the investment
i 1 officers of the City shall submit an Investment repel detailing. (1) the Investment position of the City, (2) th l all investment officers
$ Jointly prepared and signed the report, (3) the beginrdng market value, any additions and changes to market value sand the ending
value of each pooled Rend group, (4) the book value and market value of each separately fisted asset at the beginning and end of the a
IIII reporting period, (S) the malur'ty datr of each separately invested asmL (6) ft account or fund or pooled fund group for which each '
irl dual im'estment west acquired, and (7) the compliance of the investment portfolio as It relates to: (a) adopted investment
strategy statements and (b) stale law. No person may invest City funds without express written authority from the City Council.
Atutnns,k( Pooktsuril Under Texas law the City is additionally required to (1) annually review its adopted policies and
t stmtegles, (2) require any Investment officers with personal business relationships or relatives with firms seeking to sell securities to ,
s the entity to disclose the relationship and file a statement with the Texas Ethics Commission and the City Council, (3) require the
f registered punapa) of firms seckmg to sell securities to the City to: (a) receive and revit+v the City's investment policy, (b) ,
j ` acknowledge l reasonable convols and procedures hake been implemented to preclude imprudent investment activities and (c)
dcliker a wrinen statement attesting to them requucincri (4) perform an annual audit of the management nmvols on Investments ,
and adherence to the City's Investment policy, (5) praride specific imcklunent training for the Treasurer, Chief Financial Officer and
Inkcslmcnt officers; (6) reslrict tell repurchase agrcemenU to not more than 90 day's and restrict the Jnvestnlenl of reverse .
mpurchave agreement funds to no greater than the term of the reverse repurchase agmmenf (1) restrict the Investment in mutual o
funds in the aggregate to no more than 104', of the City's monthly skmge fund balance. excluding bond proceeds and reserves and
other funds held for debt scrklee and further restrict the investment In non money market mutual funds of any porter of bond r
I procads, reserves and funds held for debt service and to no more than 13% of the entity's monthly average fund balance, excluding
band proceeds and reserves and other funds held tot debt scil (8) require local goverrunent Investment pools to conform to the
( new disclosure, rating, net msel value, yield calculation, and advisory, board requirements. s , , l
i 14111 V, 14•CC RPtr-T tN%tS?ME,%TS
` As or June 30, 199h. the following percentages of the City's lnkcstable funds were Invested in the following categories or
i ns esl mill `
d ,
Book Market
fkseription percent ao Value
U.S. Federal Agency Coupon 77.95: S tl0,951,4tl7 S 80,511,036
U S Federal Agency Discount 20M4 30,602,969 30,184,197
It S, Treasury Securities Coupon 21.4% 32,019,115 37,252,100
Ccrlcatcsof Deposit 11% 5,0(N),000 5,000,000
Texas Municipal Bonds ID"h 1,300,000 1,500,000
100.0% S 150,120,636 S 149,924,753
As or such date, the market value or such investments (m detenninA by the City by reference to published quotations, dealer bids
and comparable infonnalion) was okcr 10041 of their hook valise No funds of rite City are invested in derivative securities, It,
wcurities w host tale of relum Is eltennined by reference to some other Instrument, indim of commodity. '
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SELECTED PROVISIONS OF THE BOND ORDINANCE
I'he City will adopt an ordinance (the "OrJinancc") authorising the Bonds, selected provksions of x hick are shown below:
DI '.I INII IONS, As used in this Ordinance the folkl%Ing terms shall hose the meanings u9 forth below, unless the test hereof
specif tally indicates otherwise', I
1 e
(a) I he terms "City" and'Sssucr" shall mean the City of Damon, in Denton County, TCaas,
f
(b) The term "City Council" or "Council" shall mean the go%crning body of the City,
pursuant to and as regaded in mean ll
subs'iute bonds c%0banged lthercfor, n and t all rother esubst iluricbonds and replaceme t bonds! issued Section
this 0rJinanca I
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dl t he term "Purity Bund+" shall mean cullwkety (i) he outstanding City of Denton Utility S)stcm Rnenue Bonds, Series
PAR, authorized by ordinance passed on August 2, 1988 (the "Series 1988 Bonds"). (ill the outstanding City of Denton Uttilit)
Systcm Rc+enue Bands, Series 1989, authorized by ordinance passed on October 23, 1989 (the "Series 1989 Bondi'), (iii) the
o";Wmding City of Ucnton Utility Systcm Rescnuc Bonds. Series 1992, authorized by ordinance passed on March 3. 1992 (he
"Scrics 19112 Bonds" I, (I%11110 Outstanding City of Ucnton Utility System Resenue Bonds. Series 1993, authorized by ordinance r
passed on Starch 16, 1993 the 'Series 1993 Bondi"I. he outstanding City of Denlnn Utility Systcm Resenue Refunding
Rands. Scrics 1993 A, authorized by ordinance rased on lure 8. 1993 (the "Series 1993•A Bond'), hit he outstanding City of 't
f+enlnn Utility Systcm Re+enue Refunding Bonds, Taxable Series 1993-14, a thoriicd by ordinance passed on June R. 1993 (the L
Scrics 1993-14 Bonds"), (vii) the nulsland'mg City of Denton Utility Systcm Revenue Bonds, Scrics 1996, authodied by
4cy llcs r 1910 1, awhorritcd ' by 1996 the pal cscd 1996 on May J 7), 1(996)1 the City of he "Seriesfy19964CBonds'), sl sl he City of DentonLtiuli* `
S+st,,m Revenue Bands, Scrics 1999, authorized by ordinance passed on Starch 211, 1998 (he "Series MR Bonds"), and h) the
Ilnnds.
Ict the term "Additional llond%" shalt mcatr the additional parity revenue bonds which the City rescues the right to issue in the ~t
Ir.nure, in occnldance with Section 25 nrhis Ordinance 1
U's 1 be term "Systcm" shall mean (1) the City's entire « isttng waterworks and sewer s)stem and the City's entire etisling ekwic
I,yht and )inter s%Oon together with all future cmInsions, imrro cirents, cn:argemcnts, and additions thereto. and aJ
r,11 a u, ant' IlrGer,r arid' (h any other related Rolrio. all or any pan of the re+enucs or 'mcome from which dn, in the future, a 1
IF opo, n of the C,t+ nnJ in nccordance wih lass. becume "Pledged Revenues" as hereinaRer defined; pro+iJed the
n'I s lh t mdmg f1+e fonyoinp, and us the COCIA now or herrallcr authorized or permitted by law. the term Systcm shall not mean
w:oI:r. sewer, clsctri< or nlbnr f inhlics of any kind which are declared not to be a pan of the System, and which ere acquired 1i
r c:mwrna,d by the It ii) w ih the proceeds from the issuance of 'Special racil,tVes Bonds which arc hereby defined as being
. ,r of,,, „r~r,ns so the City which arc not pa) We from or secured h) any fledged Revenues, but which are secured
s ar it p r,t • Iran, bens on and fledges or any odicr rewnuce, scsunes, or paymets, including. but not limited fa, srcelul
na, , Rss,.orv o; p,ryments recrAeJ from any other Icg it entity in connection with such fas''llilln; and such rcwnucs. sources, }
rail it "I be a,nJcrcd a, or court Ituty Woss Revenues of the Sy stem, unless and to the cment otbei w La prov hied in 11 a
' r a, . It o,.rn.m(ec authorm9l; the issunncc ofsuch "S cial I acil'uics llonds":
n, o „r. °nr,rss Resu .I~s of the Systcm" and "Gross Rrenuss" shalt mean all revenues and Income or e+er) nature
I..i,. I r , Is it by the L' Is from the opcrallm and ownership of the 5)stem, including the interest income from the
n cs...It I,p,e,l of mo,ncy in any fund crcalyd by this Ordinance I
, ,n,, %cr Rev cnoes of the Sy stern", and "Nei Revenues" shall mean all Bross knenues after deduciing therefrom an
w rt, a nmnt espcnses rf operation and maintenance ofthc Systcm, inutuding all salaries, labor, materials, rercl
s r , m cv. Sin to render effiucm senice. Provided, however, that only arch screws and evtcnslorm as in the judgment
~d n t,. inol r(asunahly and fairly escttkd by the adoption of appropriate rcrolutinns, arc ncceswry at 1.cep the S)slem
,r d rendvr aduq,oale scribe to said City and the inhabitants thereof, or such as might be rwcessary to meet some
-cl'cor or o ndinon III would nlherwik hop,dr the Ilonds or Additional Hoek shall he deduacd in determining
s r .Ord' I'm meets requ'TO to he modeby the City fix water supply orwater facilities, sewet senice or sewer ioeilities,
r nit 1„r the rurthase of electric psrecr, which poymenls ender law cenet'nule nrcration and maintenance expenses of , s
If thr `;y,tcns, shntl constitute and be regarded u « menses Of operation and maintenance of the Systcm under his •
r o , . 11, pr.w on and amortvation shall not cunvtitul, or be regarded as espenses of operation and maintenance of the 1
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aarav. "
q 'I he term "fledged Reven uc s" shall mean
11) the Net Resonucs, plus
111 121 any aJdilional revenues, income, or other resources which are espeded to be available to the City on a regular ,
periodic hasis, including, without limitation. any grants, Junations, or income received or to be received from the
[:noted Stoles(Jownment.or any Wherpublic orprivate source, whether pursuant to an agreement oruther%ise, ehich '
in the future mu) . al the option of the City, be pledged to the payment of the Parity Bonds or Additional Bonds.
( 01 ]lie term "year" or "rscal year' shall mean the fiscal year used by the City In connection a ith the operation or the Systcm,
(k) T he tern "tiovemmcnt Ilhligoliuni' shall mean direct obligations of the United States of America, including obligations the
principal of and interest on Which are unconditionally guarauced by the United States of America which may Ile United States
treasury obligations such as its State and Fiscal (Iovemment Series, and w rich may be In book entry form,
i Ili The tcrlu "Contract" means that'C'ontract solace., the United Slates of America and the City orUcnton, Taal, for Water
Storage Si In Aubrey and I eu{sidle I ekes, Tc?as", dated August 15, 1980.
'I im) 'I he icrm "Refunded Obligations" mere is those obligations Cued by the Issuer to the United states of America pursuant to -
The Contrast and to be refunJcJ and prepaid is ith a portion of the pmcecds of the Bonds.
1'I I(DCL (a) The floods are "Additional Bonds" as permitted by Sections 24 and 25 of the ordinance paned on March 10,
1981, authurii.ing the City of Denton Refunding Bonds, Series 1981 (the "Series 198) Bonds"): and it is hereby, determined.
dectarcd, and resohed ~Irat all of the Parity Bonds (Including the BssnJs) are secured and payable equally and rambty on a parity.
and that Scclhnv F ,hiough 28 rd this Ordinance arc supplemental to and cumuraliie of Sections 7 through 27 of the aforesaid
n rdinintc paa,seJ on Afarch 10, 1981, with Sections 8 through 28 of this Ordinance being applicable to all of the Parily Bonds.
ih) I he Peril)' Bonds and any Additional Bonds, and the interest thereon. includrng any interest coupons appertaining are
and shall he socurvd h) and pa)ahle from a first lien on and pledge of the fledged Revenues, and the Pledged Revenues are
further plOgod tc the coahlish+ncnt and maintenance or the I'uirds created by this Ordinance, and any funds creased by any
or&WINC aulhorwng the issuance of any Add'oional Bonds the Parity Bonds and any Additional Bonds arc not and will root be
secured h) or rayubla from a mortgage or deed of cast an any real. rerwinal, or mired properties constituting the System.
5YS I I.Sf I V IND there heretofore haq been and Is botchy created and there shall be established and maintained on the banks of
the C'ny, and accnunled for separate and apart from all other funds of the City, a special fund to he entitled the "City of Denton
PNily S) win fund" (s)e "System Fund"). All Gross Revenues shall be credited to the System Fund ur medialch' upon receipt.
nnIcss od eTri isc rrw ided in this Ordinance, All current espcnscs of npemtien and maintenance of the Sysei I shall be raid front
eueb tiro ss Revenues crcdit,d to the System Fund as a first charge against same Before making any deposits hercinapcr
required to he made from the System f and, the City shall retain in the System Pund at all times an amount at last equal to (,ne.
swill of the unwunt budgeted for the then current li?ca1 )ear for Ibe current operation and maintenance « peeves of she Sy went, l
1N r11 SI AND %lNQNC I I NT). For she sole ri.•pove or paying the princiral of and interest on nil Purity Bonds and
.1,lJVOmnul Il0nds, there herclul'oru has seen and is hereby created and tbcre shall I'-. established and noalulalncd on the Marks „f
l
the ( 11v, and a-lunscd fin scrurate nnJ apart from all other funds of the C'ity• a separate fund it, be entkled the "City of Denson
Volt) Ss tun Rewme Bonds Interest and Sinking fund" (the "Interest and Sinking Fund").
lit NI Rk I. I (:NU I here hclclofnfe has been. and is hereby, srcaled, and lhcre shall be established and mainmineJ nt Tao?
I.'ornmercc II ok N•dmnol AssncVulion, and herttRer, at the onion or the City, established and maintained at am time at any
untion;ll hank Kainp n c orilal and surplus in caccss of S23,010,OtN1, a separate fund to be entitled the "City of Ocnusn Utility
f{ s)'ICm DanJs and Ad,hnnnal Bands Rc.cne Fund" (the ' Resent Fund"I. the Resent Fund shall he used to pty the princiral r
0 ` 01 arid interest on uny' italic) flandq or Additional Bonds ahem and to the trident the amounts in she Interest and Sinking Fund
i,mlahlc for such P,nmart arc insuflicienl for vueh purpose, and me) he used for the purpose of finally retiring the last or any
( I'or iI)Bond s(irAdd ition ollloi .
1.t II NS11IN A]1 s 1%11 1 Rt rYI'.is fl NI I UNI ) There heicrofnre has been and is hereby creal eJ and there shall he cstIh:khed
and malnt'aincd on the hooks or the C ny, and nceounled for sepatete and marl from all other funds of the ('its, a separate fiord 10 1
" he cutitlcd the "Con of Dorton l linty Systcm Ilstansilm and Improvement Fund" (flu'Gatcnsion and Improvement Fund"I the
hklensinn and lmrrnsement fund shall be used for the purpose of pay mg the caws of improvr,nents, cohricmeut?, evlatsiom, 0
nddihons. replasementn, or other capital esrcnditurcs Mmed to the System, or for i the costs of unapecteJ or
'curanrdinory repairs or replacements of the System for vshkh Systcm funds are not available, or for paying uncspected or ,
r r cstasnrdin'nry esrcnscs of operation and maintenance of the System for which Systcm fonds are not udhcrvvise asnilahle, nr fur
on)' other lawful purpose.
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ES11::RGFNC'Y FUND. There Is hereby created and there shall be established end maintained on the books or the City, and
accounted for separate end apart from dl other funds of the City, P. separate fund to be eniided the "City or Denton Utility Sy stem I
Emergency S'und" phe "Emergency Fund"I. 1he Emergency fund shall be used for the purpose of paying unexpected or
exiranrdinary expensesof repair, replacement. operation, and maintenance i the System for which neither System funds Rothe
moneys In the Cxtcnskm and Improvement Fund are available. there was deposited In the Emergency Fund simultaneously with
the of the
Series S250.(NIO. Allt nsc Im nt interest vincome from thelEmpurchase thereof fm lawfuy avable crgency fund shalllbe transferred tothe System Fundeas rt cehvedmount of
requtred the by Interest
this tOrand dinao a fund Fund,
Fund. and other funds wben and deposilcil in
l(mi.I the L,atension and l impulscmnt Roenucs shall he
the Resene Fii UPI
ordinance authoridng the Issuance of Addiiional Bonds
INYIiSIM1.NTS. Monty in on) Fund established pursaant to this Ordinance or any ordinance authorizing the issuance of
Additional Bonds, moy, at the option of the City, be placed in time deposits nr certificates of deposit secured by obligations or the
t)pc bereiri described, or be Invested in Ooscrpmcnr Obhgotiorn lots defined in Section 8 hcrcaf) or obligations guaranteed
ur inmred by the United States of America, which, in the opinion of the Attorney General mf the t.lnlted States, are backed by its
full faith and credit or rerrescnt its general obligations, or Invested in obligations or Instrumentalities of the United States or
America, Including, but not limited to, oidcnces of inacbtcdncs issued, Insured, or guaranteed by such governmental agencies j
us the I'cdcrai 1 and Bunke, federal Intermediate Credit Banks, Banks for Cn+rcratives, Federal Ilumc Loan Banks, Government
National Mortgage Association, UniNJ States Postal Service, Farmers home Adminlstri ion, Federal Home I.nan Mongnae r'
Associ:dion, Small Business Admmistratiom, federal liouniri Aewcation, or Pani6pation Certificates In Coe Federal Assets
Einancing l risk pars ided that all such deposits gild investments shall be wade in such manna as rill, in the opinion it the City.
permit the money required to be expended from any fund to be available at the proper time or times as expected to be necJeJ.
Such inve. ttuents (wept United Slateslreasur) Ohlixations••State and Local Govemtti Series inaaments hcIJ in look cote
form. which shall at Kli times be valued at cost) shall be valued in terms o1 surtrnt market salue as crthe last day urcnch fiscal `
sll be
~ciir
croJ6eJ ra , aid l nny Inc,z dvh h lo. the I and interest from soh ch he deposiit or Inesimendeposits %as mand adi, ands surpluss In any cfLnd so fori herein. all Ishall
,v may be di,posed of as hcreinaner prusidcd. Such hi%csf nents shall be sold promptly when necessary to prevcni any default In
cunnecllun with the Parity Bondsor Additional Bonds consistent with the ordinances, respectively, aulhorizing the.. Issuance II i
It
I t"s'IK tii.('r'RF D. That money in all fonds created by this Ordinance, to the extent not imrsted, shall be secured in the
manner prescribed by law.
I'PR )RI I Y Ot' IIIPos;lt S AND PAN MEN1 S IRON SYSIEM FUND. that the ('it) shall make the deposits and pa)mcns
It m I'Icdgcd Rcrcnucs in the S)stcnm Fund when and as required by Ibis Ordinance and any ordinance suthoriting any
AJdaRmal Bonds. wJ such deposits shall he made in the following manner and with the following irrevocable r6066es.
r: pulipc~).
1 lot, to t? ,c Ine%,i and Sinking fund, when and in she omounts required by this Ordinance and any ordinance
outhorvVngany Addit onnt Bonds
s i,d, to the Rcsene Fund, when and in the amounts required by this Otilwance and any ordinance authorizing any
Addlii,nal Flo ids, and
-lhnd, to the I,vtnsinn and Improvement Furl, when and as required by Section 21 of this Ordinance,
~t
I,, I I P s 11`:U SIP" ING 1 UND RI'QUIRP.MI N7 S. The City, shall cause to be deposited to the credit of the tntecst and
',mt.;ne I an 1 he aserueJ interest and on) premium received from the sale of the Initial Bond, and on or before the 25th day of s
„ t, i i r m. rte s 1y shop cause to he dcpmIred to the credit of the interest and Sinking Fund. In npproximately equal monthly
~t • in , nr im "hnt, sufllncnt, together xilh any other funds on hand therein, to ray all of the interest or principal and interest i
„ , fie rr. :I~idu,p the principal amount of any Parity Bonds required to be redeemed prior to maturity pursuant to any ,
u , t¢ krrnri on requirements, on the Parity Florida and any Additional Bonds on the next succeeding interest payment -
1 ,I r, Airs ,woo s sn dcroswed in the Interest and Sinking Fund x ifi respect to a mandatory redemption requirement, together
t, tbcr 1a„Ptliv asailuhle fonds of the Pity, may be used by the C'ity.lo purchase, in advance ora mandatory redemption dale
,,i, I. ~I~~1dvbc [Itdect mi bein g chosen Pot mandatory rredemption nn such tmrandatory rcdcmp5nndate
daref tpurciI Parity 'he Paying Agent shall ' „ni, v any I'arlty Itnndv so purchased
i 0 VI !11 RYI I (SID RI QUIRE. MEN 15, there is now on hand in the Resene Fund an amount of money and Govcmment ,
i )hlrkaiivriv which is in clews of S1,000MN1 and which is at least equal to the average annual principal and interest requirements
lit of tf out-Uri ling Series 198A Bond., the Series 1999 Bonds. the Series 1992 Bonds, the Series 1993 Bonds, the Series 1993-A
Bonds, rlic Taxable Scrics t 993•B Ikmds, the Scrics 1996 Bonds, the Series 1996A Bonds and the Series 1991 Bonds phe current
V .111
Required Resent Amount") rolluxing the issuance and delivery or the Initial Bonds the Required Reserve Amount shall
h"wne Rod be g Parity Floods and anof money and d Additional Bondemprovided equal futo thi. rther, hoxe ethat annual the t Acqulired d RInterest requirements of eserve Amounl shall
never it
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I Ices than suxio,wo i f the in aximum annual principal and interest requirements on ell outstanding Parity Bonds and Additional
Ilonds escceds SI,(jl0'( 1. Immediately after the issuance and dcliscry of the Initial ttonds there slialI be dcposilel to the credit
of the Rescue Fu rid, from the proceeds of the sale of the Initial Series 1999A Don J, money, sufficient to cause the Rescue Fund
to contain an aggregate amount or money and Inseshir equal lathe Require) Resent Amount for all then outstanding parity ih
Ihtnd,. After the dulitery of any fulure Additional Floods the City shall cause the Reserve Fund to he increased, if and to the
extent nece,s:uy. so that such Fund sill contain an amount of money, and Irsestments equal m the Required Resent Amount s
Any increase in the Required Rcu•nc Amount may he funded Rom Pledged Revenues, or from proceeds front the sale of any
Additional Bond, or any other mailable source or cortibirition of sources. All orally part of the Required Rcsene Amount not
fiunted initially and impuse iatcly after the dclitcry of any Installment or Issue of Additional Bonds shill be funded, within not
more that rise )cars from the date of such ddhcry, by deposits of Pledged Rntnuo in approximately equal monthly
( insl.111rnenta nn or Won: the 25th d•ly of each month. Principal amounts of the Purity Ilonds and any Additional llunds which
mutt he redecosed pursuant to any applicable mandatory redemption requirements shall be Jecmed to be maturing amounts of
principal 1'•ir the purpose or calculating principal and interest requtremenis on such NmJs %k'hen and so long as the amount in
` the Re,crsc fund IS not Icss than the Required Rcrerse Amount no deposits shall be made to the credit of tie Rescrse fund: but
,!hen and if the kescnc fund at on) time contains less than the Requocd Resent Amount, then the City shall transfer from
fledged sesames in the System fund. and deposit to the credit of the Rtenc fund, monthly on or before the 25th day oreach
month. a arlm equal to f b(hh of the Required kcwr%t Arri until the Rescne Fund is restored to the Required kesene
Amount. 'I he ('ity specifically co,enanls that ashen and so long as the Rcsene Fund contains the Required Rcsene Amount the
('it) sludl cause all amounts in excess orthe Required Rcsene Amount to be deposited to the credit ort:v InIsrcs1 and Sinking
and
I-\ II:NSION AM) INII'ROVI S SI FI1ND RP.QCIRF: IFNIS, During each year. subject and pubordinale to making the
I required XPOSul to the credit of the Interest and Sinking Fund and dre Rcw" Fund, the City shall he rcqulmJ m deposit to lie
credit of the I.xlcnslon and Imprutnneni fund. from Pledged Retenues in the Systcrtt I A. an amount equip to An, or the
"Adjusted (pros, Restnocs of tb: S) stem which Isom is botchy donned to mean the follosting
tlo-_ ('moss ReNcnues of the System for such )eat after deducting from such Gross Rnenues an amount equal
to the current expenses or operation and maintenance of the System for such year which are directly
altnhutahle to (i) all fuel costs related to the production of electric energy by the City ardor (ii) the purchase
of ekdrie energy by the City.
'Wditional excess Pledged Retenues may, at the option of the ('ily Cuunell, he deposited to the credit of the Impmsemcni Fund
us pc•nnipcd by Section 22 ih) hereof, but r i such additional deposit is required. All insestment interest income from the
Intension and Impro,einem f und shall be retained In and remain a part orsuch Fund.
11l 11(11 NC 11 5, I \C'IISS III I:[)(it.1) 41.YFNCES (a) if on Larry occasion there shall rot be sufficient fledged R.esenues to
mwit, e the required Jcposils into the Interest anJ Sinking fund or the Rcsene Fuln J, such deIll, icncy shall be made or as soon as
povibic froth Lino next availihle PieJged Retenues.
(ht suhjed to making the required deposits let the credit of the sar:ous funds when and as required by this Ordinance or any
1 ordinamc t,u',hnr'ving the issuance of Additional Bonds, an) surplus pledged Rtvenucs may he usu:J by the City for any lustful
purpose
I'r15,xl1 V f nl 1'AR115' Br)NUS ANO Ai)bI IIONAI, BONDS. On or before Decemiwr I. 1999. and semiannually on or
before each )uric I and Dccemher I Ihercuncr nh!le any orthe Parity Bonds er Additional Bands arc auNfonding and unpaid the
ro) shall make as nilahle to the I'a) ing Agents thcrcfor, out of the Inlenst and closing Fund, or if necessary. out of the Reserve
)-1111,1, money k0I1! lent to pay. on each of slash dales, the principal of and Interest un the Parity Bonds and Addhinnat Bonds as
the sane nurtures ono colncs Joe, ur to fedcam the Purity Bonds or Additional Bonds prior to maturity, either upon rumdstory
rcdcmp wit or at the s plum of the Ciry. At the dlnction of the ('try the Paying Agents shall either dclitcr r lid parity Floods and
• Adddion,l Minds, and an) inlcrest coupons appertaining thereto, to the City or destroy all paid Parity ii and Additional 1
ll,mds, Ind any coupors appertaining thereto, and famish the Pity with inappropriate certificate of cancellation Lit destruction
I IN 1I, Ili 110Y I S (a) Any 1i Bond or Additional Florid sbali he deemed to be paid, retired, and no hunger outstanding 1
f vsO in the meaning of this Orlin true when payment or the ptincipal of, redemption premium, if any, on such Parity hand or
WJdlonal Bond, plus interest thereon to the Jut date thereof (whether such due date be by reawn of mnti rliv. upon redemption.
or ahens ipc) either (p shat: hate been made or caused to he made in accordance with the terms thereof (inclading the gising of
Iu) requnaJ notice of redemption or )rrosisinn for the propct going of such notice hosing been made), or (ill shall hate been
pun idcd by inesuc sttly depositing with or making s4tahle to a Pa)ing Agent therefor, in trust and irrctocnhly set aside Q •
i o cxdusissly for such pa5nsen6 (1) money sulricicni to make such payment or (2) Goscrnmont Obligations which ni as In
principal and inlernt in such amounts and at such times as will Insure the esailahility, without rmnsestment of nlticient money
ti:y r to make such p:glncnC and e11 Treason and proper fees, compensation. and e,sri or such Paying Agent portaining to the
}'Italy Bondi and Additional Bonds with respect w which such deposit Is made shall have been pull or the payment thereof
pnoided for to the sahdaetion of such paying agent. At such time as a Bond or Additional Bond Shall be deemed to he paid
hocumiler.
and shall be cn(aled tto payment he ,actrurcd olityrfromlinch money or Cascrpill Obligations lien nn and pledge of the
I'Icdgcd Is
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(b) Any moneys so dcposited wi:h a paying agent may at the direction or she City also be ink ested in Ciosemmcnt Obligations,
maturing in the amounts and times as hercinbefnre set forth, and at] Income from all Goccrnment obligations in the hands orthe yl
puy'ing agent pursuanl to this Section kkhich is not required for the payment of the Party Rinds and Additional Bonds, the 1
redcanrtion premium, if any, and interest therekm, with respect to which such muncy has been so dcposded, shall he turned user
to the ('its or deposited as directed by the City.
AUDI I IONAI. IIONDS, (a) The City shall base the right and puwcr at any time and from time to lilne• and in one or ins
series or Issues, to nuthorire, issue, and dcltseraddiiionul parity resume Ixmds (herein called "Additional Bonds'), in accordance !SS s
with law, in any amnnnn, for Oil) laul'ul purpose, Including the refunding of any Parity Bonds or Additional [kinds. of Either
ohligu(iins. Such Additional Bsmdt if and uLen suil+criierd, issued, and dclisered in accurd'anee kkith this Ordinance, shall he {
payable from and secured by an irresocnblc first lien on and pkdge of the fledged Resumes, equally and ratably on a purity in II s
all re,pects with the party Donds and all) other uwSlandmg Additional Bonds.
(h) i he principal of all AUiwosf Bonds mu,t he sehcdu)ed to be puld or malurc on December I of the years In which such
principal is skhcdulcd to ba rid or mature. s
I ( kI III R III UI3kl hll NIS IOk ADDII IONAI. EON'DS. Additional Donds shall he issued only in accordance with (his
s rtdmaace. 'rend nn insiallmcu( Series, or issue of Additional Bonds shall be issued or deliscred unless',
lM I he hl,pnr tit the ( 'n) and the City Sco7ctan sign a Millen certif cute to the effect that the ("fly is not in default as to any
cunendnf C,nlJiuon, it un6gation in connection with all then outstanding Paris) Binds and Meli Tonal Donds, and the urdiwnces ±
_
outhonJiag +ume. and that the Interest and Sinking fund and The Rescue fund each contains she amount then required h+ be
thkron
Hr) An I.,,Icpcodot ssniliod puhllc accounton4 or indcrcndcnt firm of wined public accountanss, acting by and dlrn;yh a
es'Ibfhd I ul II, al kourudml. Srgn+ a wrinen ce 11111sate it, the effect that, in i,is writs opinion, during either Elie nest pracedinp Bscal
ycu. or any suds e cannekutlI C cd®,J'ra month period out of the lit-month reriod immediately preceding the rI in which she S
,u,hnankc autlnvv4ng Il,e I,sllanLc o1 'the then po,posad Additional Bonds is passed, the fledged knenum were at least (1) 123
Inset an „mmunt equal m the ascrage annual princrpat and interest requirements, and (ii) 1.10 times an amount equal to the
rrmcipul and iwsc,s requirements during the fi,cul )cur during which such requirements arc scheduled to be t e gredtest, of all
I'ausy Nod, rid AJdiWnwl Donds which are scheduled lu by Outstanding spur the dclsser) of she Ihcn proposed Additional R
IsIrr.dr. It I+ ,renlicu.I) pa,niJed, howescr, that in culculaling the amount of fledged Rncnucs for the purr o,es of this F/
_',rb :!doll (i I. it thue has hecn any increase in the rates or charges for services of the System 011,1 11% then in effect. but which
sI, ru III 711c,t during III it an) port of the entire period for which the pledged Rnenues are being calculated (hncinik
IIdnr d In n. I'„ 'ruurk r"uaod") then the curdled ru1lik accounk it in lieu of the certified public accountant a firm of
hnj, uiµlic. III, It dctcrnunc and II she aloium of P eJgcd Res"nues as being the total of (i) the actual fledged
Ise+, n I I '•he , r tlr, period. plus III) a sum III hl the aggit gale am I, which the acwal billings to customers of the
rs.o; a d'.mnµ she atuk rcnod u+wld base hecn Imrta,ed if such Increased roles or charges had been in effect during she entire
"nod LI
I
I,r 1 ILk w ii "Ball I e made in the ordinance aulhnrring their issuance for increasing the Rescue fund to the keyulrcd kcscrs e
lnmvis u Iey,J„,I by Scktiin 20beraof. f
pal Vi k r r u i I . , . III r s u ' l ~ c ,u r : a i prink l p ' a l and mn•rest requirerneuls U f a n) hands made in crnncktion will she Iwu•mcc of
vI, , , III I C I i t i mil D, min shdlI be made as of the date of su,h Additional Bonds, and also in making auRuiuti(Ins for
i ,r t "'I"' III I I", auk sal ~r purpose unJcr this Ordiorrnce• prmciril an,cuots of an) bonds tshich trust he redeemed prior to
, rI I I.,I I vii rr II y ap'l1 l' c rrtauJnlnq mkorptwits requtrcmenu shall be deemed to be nsahrring amounts of rIincipal of I
41 u !'..Arkti the (Vry bather cis enants and aglen Ihal m a,umt.uxc with unJ to the ck,crit teyuired of I
j I• 1, :nrn;J I'll Ile. 1
r +c It •u'd fdnhtuky pcrfinn at alt Bones an) alnl Ill cukenams, underl~Ikings, ssipulallons, and prosrsione
n, _ s ,hnan,c, and cuch ordinance wsrhulnng Elie issaance of Additional Bonds, and in rah and nrq Pariq' Bunt j
I lit ,f I ilwld thus II %di pronilk pay or cause to be raid the principal of and interest on esery Party' Bond and
I I,III, li the talc, and in Ihr places And manner prescriheJ in such ordinances and parity' floods or Additional Kinds.
t n + i II o1c tunes and it the Instinct prescribed, Jepool or cause to be deposited she amounts required to k deposited ra,, I snrkinP l'und and the kc,crke fund, and
in) holder if the Parity Donds or Additional Bands may require the
1,1' rQ'1 I o, a I';ar It+. Ind en,pliy cis, to curry out, re,prct, or enforce she u+'r rnanls and obligations of this Ordinance, or an) 0
t ~ 1, e rrir ave".p the issuance of Additional Bands, by all legal and eyvitaMe means, including sprcificelly, but without
• 111l'.I1 HL: u,k and fibng of mmdunms procecdmpa, in any court of compocnljurisdiclion. against the City. its officials, end I I
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(h! ( ''s Te ul Authorit . The City is a duly created and existing home mle city or the State of posts, and is duly authorized
under the loos of the State of Texas to create and issue Ate Parily Bonds end Additional Bonds; that all action on its part for the j
of the holders and Issuance thereof are obligations w itII be cval d andlenfu c1 able special oblignti ns of thetCity inbaceordance the heir em. and t, terms.
1 (c) bide The City has or will obtain lawful tide to the lands, buildings, structures, and facilities constituting the System, that it is
ssarranls that it "ill defend the title to all the aforesaid lands, buildings structures, and facilities, and every part thereof, for the
1 benefit of the holders and owncn of the Parity Bonds and Additional Bonds against the claims and demands of all pctsom
"homenescr, that it is lawfully qualified to pledge the Pledged Revenues to the payment of the PaAry Bonds and Additional
I Ronds in the manner prescribed herein, and has ]awfut exercised such rights.
(d) Llc js T he City "ill from time to tame and before the same become delinquent pay and discharge all lazes, asse!smenu, and
gosrmmentul charges, if any, which shall be la"iutly imposed upon it, or the System, that it will pay all la"ful claims for rents,
roar alticc lahor, materials, and supplies "hick if unpaid might by 14w become a lien or charge thereon, the lien of which would be
prior to or interfere with the hens hereof. so that the priority orthe liens granted hereunder shall be fully prescned in the manner
rrooWd bcrcin, and that it will not create or suffer in be created any mechanic's, labiMes, materialman's, or other lien or charge
vol might or could he prior to the liens herrof, or do or surfer any matter or dt,ng whereby the liens herrof might or could be assessmen
Char a nrcch one's, lahes~]rcr~s matcrialmanl~nroher li n orcharge, shalBbenqu ed to be paid claims lo g l as the vat dity orthe same shot I reie
be umtealcJ in pond faith by the City, ,
(t) gperotion of S}slem_No I rue Scr lcc. While the Parity Bonds or any Additional Bonds are outstanding and unpaid the City
shall conliouousiy and elTclcnlly operate the Systcm, and shall mafitain the System in good condition, repair, and working order,
all at reasonable cost. No free senlce or the Systcm shill be allowed, and should the City or any of its agencies,
instrumemalitics, lesson, or concessionaires make use or the scnices and facilities of the Systcm, payment monthly of the
standard retail price of the senica presided shall be made by the City or any of its agencies, Instrumentalities, lessors, or
concessionaires out of funds from sources other than the resenues of the System, unless made fr,m surplus Pledged Revenues as
permitted by Section 221b) hereof
(F) I unhcr Lnaunsbrana, ll'hile the Parity Bonds or any Additional Bonds are outstanding and unpaid, the City shall nol
adduinnally encumber the Pledged Revenues in any manner, except as permitted in this brdina,ce In connection with Additional
Bonds, unless said encumbrance is made junior and svlnordinae in all respects to the liens, pledges, ernenallo, and agreements or
this Ordinance and am ordinance silhoriring the Issuance of Additional Bonds; but the right of the City to issue revenue bonds
payable from a subortimale lien on surplus Pledged Revenues Is specifically recognized and retained, as permitted under Sadism
221h)hercofl
(F) Sale or Uis .!sal;it Pfopcrty. H'hile the Parity Bonds or any Additional Bonds are outstanding and unpaid, the City shall not
,'hersoise dispose of, the
sell, come}. nurnFagr, encumber, lean, or in any manner transfer title to, or dedicate to other t :
Systcm, or wiy significant of subst rtial part thereof; prosided that whenever the City deems it necessary to dispose of any
property. machinery. Bshire!, or equipment. or drdicase such rroperty, to otber use, it may do so either when it ha% made
arranpenmals to replace the sameur proside suh;titutes thesefor.or it lsdeterminedby tmilutior the City Council that no such
crlaccmcnt or s;bmitute is ncccccar}.
lb) Ins_ur,mce (It The C1ty shall cause to be insured such parts of the System as would usually be insured by torpotations
l openung-fake rmpcrties, with a res>xmsihle insurance cumpany or companies, against risks accidents or casuslt.es against
nhiuh and to the evtent insurance is usually eurrkd by corporations operating like properties, Including. to the tstenl reasonably i
M ' vl)ia mHe, Fee and csterdcd coverage insurance, insurance against damage by Bl and use and occupancy' insurer ce. Public 1
li.nbrtrty and prorcny damage insurmcc aho shall be carried unless the City Attomey gives a written opinion to tite 411:1 that the
. Oty is rat Bahia for cljirns which would he prolenaJ by such insurance. All insurance premiums shall be paid a as ecpense of
opcr,aron nl the Sy slcut ;V auy tone ,shtle any contactor engaged in construction work shat] N fully responsible hucG tt,e
Coy shall not he required to carry insurance on the work being constructed if the contractor Is required to earn ppngmatc
'uaur we All such policies shall be open to the inspection of the Bondholder and their representmives at all reasonable times.
Iron the happening of any lass orJornage coscred by insurance from one or more of said causes he City shall make due proof v.
of I,,% Imd shall do all things necessary or desirable to cause he insuring companies to make payment In full directly to Ilse Pity.
[lie proceeds of insur.asce coscring such pnspetay, together w Ith any other funds necessary slid available for such purpose, shall i
be used fonhwih by the City for repaoing the property damaged or replacing the property, destroyed; provided, however, that if ® •
raid insurance pri s"ds and other funds are Insufficient for such purpose, then sold Insurance proceeds pertaining to the Systcm
shill be depositecl in a special and separate trust fund, at an official depository of he City, to be designated the Insurance
( M1ccount. the Insurance Aceouns shall be held until such time as other funds become available whlcn, together with the
Insurance Accaunl. will be sufficient No make the repairs or replacements originally required,
V
(2) The annual audit hereinafter required may contain a section commenting on whether or not the City has complied
with the requirements erthis Section with respect to the maintenance of insurance, and shall state whether or not all II
insurance premiums upon the insurance policies to whichteference Is made have been paid.
29
o
x 10 1 32'x 1
~ r
fawn%
o t,
aaAANJN
(i) Annual dud eland Rate Co,enant. 1'he Cily' shall prepare, prior to the beginning of each fiscal )ear, an annual budget, In
accordance with law, reflecting an estimate Of cash receipts and disburwments for the ensuing fiscal year in sullicient detail to
indicate the probable Gross Revenues and Plcdged Revenues for such fiscal )car. The City shall fix, establish, maintain, and
collect, such rate-, charge.,, and fees for the use and availability of the System at all times u are necessary (I) to produce Gross
Revenues sufficient. together with any other Pledged Revenue, to pay all current operation and maintenance expenses of the
Systcm, and(]) la produce an amount of Pledged Revenues daring each fiscal year at least equal to the greater of 1.25 times the
as era go annual principal and interest requirements or all then outstanding Parity Bonds and Additional Bonds or 1.25 times the i ,
succeeding f seal )car 's principal and interest requureirl of all then outstanding Parity Bonds and Additional Bonds,
0? Records. The ('iiv shall keep proper books of record and account in which full, true, proper, and correct entries will be made )
of ell dealings, activities, and trransactlom rcldting to the S)slem, the Hedged Rc,cnuc-, and the Funds created pursuant to this ( I
ordinance. and all boks, documents, and vouchers rotating thereto shall at all reasonable time be made available for inspection
upon request of any Bondholder or citircn of the City. To the extent consistent with the provisions of this Ordinance, the City
shall keep its heroes an J records to a manner conforming to standard accounting practices as usually would he fallow ed by privste
cnrporadons Owning and operating a similar System, with appropriate recognition being given to essential differcnex, hetween
municipal and corporate accounting practice-Ik) Audits. After the close of a wh fiscal )car while any of the Parity Bonds or any Additional Bonds arc outstanding. an audit
will to trade of the boo" and tccounts rclating to the System and the fledged Revenues by an independent certified public `
accountant or on independent firm of certified public accountants. As soi As practicable after the claw oreach such year, and ,
when said audit has txen campleud and made as aifable to the Cu), a copy Of such audit for the preceding year shall be mailed to ,
the hunicipal Ad,isury Council of texas, to each paying agent for any bonds payable from Pledged Revenues, and to city
Bondholder- who shall so request in writing. The annual audit reports shall be open io the Inspection of the Bondholders and
their agentsand rcpre,colaiives at all remonahletinics,
tU (io%crivncowl Agencies, 11 will comply with all of the terms and conditions of any and all franchises, permits, and
mrtholirati tins applunhlc to or necessary with respect to the Systcm, and which have been obtained from any govemmerlal
asteney, and the C'ny has or will obtain and keep to full force and cried all frunchises, permits, outhoriradon, and either
Icgiorcmcuts uppli able to or necessary with tcsped to the acquisition, construction, equipment, operation, and maintenance of
the Sy stem,
Inri No Cernpclnion, It will not operaie, or grant any franchise Or, to the extent it legally may, pencil the acquisition,
cunarwlion,vr operation Of. any racilities which would be in competition with the Systcm, and to the extern that it legally may,
dm l It) will prnhihil any such compcling fucilitics l
ii i i So 1ihilrukc. I he City cuvrnunts to and with the purchasers of the Parity Bonds and any Additional Bonds that no use will
4+c 1mnJv of the proceeds of any of such binds at any lime throughout the tetra of any of such bonds which, if sock use had been i
f :'V in,, dy npei I : J oo the dtic of del is cry of any (if such bonds to and payment Ihercfor by the purchasers, would have csu sod
.ire, of vsch bonds to he arbitrage bonds within the meaning of Section W8 of the InI:Mal Revenue Code of 1986, a5 amended (the
`e.~aJc's. it ;m, rcguluuons or rulings penaininct thereto', and by this cosenant the Cu) Is obligated to comply with the
iv.l•,unncuis of the ahcessud Code and all applicable and pertinent Ikpartment of the lreasury regulations rclating to arbitrage
6:md.. l lic tits Bother covenants that the proceeds of all such hinds will not otherwise be used directly or indirectly so as to
,n•c oil or ;a) port of such hands to be at become arbitrage binds within the meaning of the aforesald Code, or any regulations
psird,l,np drenin ~ ~
',!,II "U111 N I t q ORDINANIC'I;" (a) The holders or owners of Parity Bonds end Additional Bonds aggregating In principal
ri,im Arm d II,c tygregale principal amount of dren outstanding limit) Bonds and Additional Bonds shall have the right from
ir, c to Ii le i.+ opprose ar) amendment to this Ordinance which may be deemed necessary or desirable by the City, provided.
I tt
i 1.t n,IIten hu. m contained shall permit or be curistrucd to permit the emeri of the units end conditions in this
. (I
i rr!n„rite n m u~c 1'011) IV1 ^J9 or Additional Bonds pr as lo.
•
r
ill h4eke any change in the maturity of tit oulstand'mg Partly Bonds e; Addilion al Bonds:
4
1 i:r ficduec the rate of iit lsncrt home by any of the rnstaanding Parih Bind or Additional Bands,
I s itcd ucc the amount of the principal payable on the cu Us and ing Putty Bonds or Additional Bonds,
111 Alexhly the terms of payment tit pri me ipal of of interest on the outstanding Par ily Bonds or Additional Bond,, - •
or impose any Landi Iions w.lh respect to such payment;
01 Affect the rights or the holders or owners of less than all of the Parity Bonds and Additional Bonds then ;
ouolanding'. It..
ir,) Change the minimum percentage Of the principal amount eifPar ity Hands and Additiond Bonds necessary for
consent to such amendment.
V
110
I~
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rtcaa 0 , x 10 32 x
4
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taaraavrrs ,
j
(b) if at any time the City shall desire to amend the Ordlnmce under this Section, the City shall cause notice of the proposed
amendment to be published in a financial publication of general circulation in The City of New York, New York once during
each calendar week for at least two successive calendar weeks. Such notice shall briefly set forth it s l.ature of the ptaposed
ai.sndment and shall state That a copy thereof is on No at the principal office of the paying Agents for inspection by all holden
of owners of Parity Bonds and Additional Bonds. Such publication is not required, however, if notice In writing is given to each
holder or owner of Purity Bonds and Additional Bonds.
(c) X'benever at any time not less than thlny days, and within one year, from the dale of the first publication of said notice
other see ice of wt Nell notice the City shod receive an instrument or instruments executed by the holders or owners of r. oast
1 SL'o in aggregate principal amount of all Parity Dads and Additional Bonds then outstanding, which instrument or instruments
shall rcfur to the proposed amendmrnl described in said notice and which specific ally consent to and apprwc such amendment In
( suIstaatIally the form of the copy thereof on Ill It Nith the Paying Agents, the City Council may pass the amendatory ordinance In
substantially the same form.
(d) (%pon the passage of any am endutoiy ordinance pursuant to the rnsvlsions of this Section, this Ordinance shall be deemed to
t he amended in accordance with such tmendatory eralmance, and the respective nghts, duties, and obligations under this
Ordinance of the City, and all the holders or owners of then outstanding parity Bonds and Additional Bonds end all LAure Parity
J Bonds and Additional Bonds shall thercancr be determined, exercised, and enforced hereunder, subject In all respect to such
I` amendments.
it) Any consent given by the holder or owner ors parity Bond or Additional Bond pursuant to the provisions of this Section i
shat) ba Irrevocublc for a period of alx months from the date of the first publication of the notice provided for in this Section, and
shall Isc conclusive and binding upon all future holden or owners of the same Parity good or Additional Band during such
period. Such content may be revoked at any time after six months from the date of the first publication of such notice by the
holdet or ow net N ho gave such consent, or by a successor in title, by filing notice thereof with the paying agmU and the City, but
such revocation shall not beerrective if the holdcrsor owmenordt"is in aggregate principal amount of the thenoutstanding Parity
Bonds and Additional Bonds as in this Se.uon defined have, prior to the attempted revocation, consented to. and approved the
amendment.
(1) 1'or the purpore of this Scullin, the fact urthe holding of Parity Bonds or Additionm Bonds which arc in bearer, coupon form.
by a B% bondholder and the amount end nurtihcrs of such bearer Poll) Bonds or Additional Bonds and the date of their holding
same, may he proved by the affduv it of the person claiming to be such holder or owner, or by a certificate executed by any trust
company, bank. bcnkcr, or any other depository wherever situated show Ing that at the date therein mentioned such person had oil
Jcposil with such trust company. bank. banker, or other depmitury, the Parity Bonds and Additional Bonds described in such
certificate, Ibe City may conclusively assume that such ownership continues until written notice to the contrary is screed upon
the City. the ownership or all registered Parity Bonds and Additional Bonds shall be determined fr,s,n the registration books
kept by the registrar therefor
1)WAGI.1), NII1f11.A]11). L051, S101IIN, OR MIS'IROM) BLINDS, (,a) Replacement Bonds, In the evenf any
outstanding llond is damaged, mutilated, lost, stolen, or destroyed, the fayhig Agen,Wc1istrar shall cause to be printed,
eveculcd, and ddivcred, a ne., bend orthe same principal amount, maturity, and interest rate, as the damaged, mutilated, lost,
stolen, or dcsiruy eJ Bond, In replaccmcnl for such Bond in the mantarbercinnller provided
1H Appllcallon for Rcolocemcm Bonds Application for replacement of damaged, mutilated, lust, stolen, or destruyed Honda
+h;ill be made by the registered owner thercorta the Paying Agent Registrar, In every case of loss, then, or destruclion of a
Dond, the regi,wied owner applying for a replacemenl bond shall furnish to the Issuer and to the Paying Alen tReli strar such
security or indasm.ty as may be required by them CO save each urthem harmless from any loss or damage with respect thereto. E
Also, in every case of loss, then, destnction of a Mond, the registered owner shall furnish la the Issuer and to the Paying
Aunt Regr.trar evidence to their satisfaction of the loss, LI or destruction orsuch Bond, sal the case may be. In every case of
JLun age or rmidaiion of a Mond. the registered owner shall surrender to the Paying Agent'Registrar for cancellation the Bond so
datnagcd or mutilated.
tc) No Default UecmrcJ. Nolwithoanding she foregoing provisions of this Section, In the event any such Band shall' 'ease
musurcd, and nn default has occurred NhV~h is then continuing In she paytnc it of the principal or, redemption premium, if any. or r
interest on the Bond, the Issuer may authorize the payment of the some (without surrender thereof except In the can of a
damogcd or mmtilaled Bondi instead of issuing a replacement [lord, provided security or indemnity is famished as above
prosided in thisSwion `
(d) CTarge for issuing Rcphvicement Donds. Prior to me issuance of any replacement hood the Paying AgenLRegistrar shall E
-:harge the regismred owner of such Bond with all legal, priming and other expenses In connection IhereNith, Every replacement I{
Kind issued pursuant to the provisions of this Section by since of the fact that any Bond Is Ios( stolen, or destroyal shall
I onstitute a contractual obligation of the Issuer whcthef of not the lost, stolen, or destru)ed Pond shall be found at any time. or be
enrorceablt by u+vone and shall be twilled to all the btnefit or this Ordinance equally and proportionately with any and all
nthcr Bonds duly issued ii His Ordinance.
ll
--,Moog@ 32XIO
a
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o
r lance
Sect untofrtshisfOrJ'mance h ¢llaBeusthorit furode i su nice of Any suchf t placementnbond W'ilhoutsnecessitylof further
action by the soveming body of the Issuer or any other Sod), or person, and the duty of the replacement of such bonds is herchy
authorized and imposed arson the paying Agent/Reglslrar, and the prying AgentlRegistrar shall authenticate and deliver such
Bonds in the form and manner and sshh the effect, asprmidcd in sectionod) of this Ordinance for Bums issued in consasion
andeschmReforolberBonds
('osi'I,SANTS REGAROINO SAX•l:Xr:Mp'iIIJN. the issuer eavenunis to Terrain from any action which would odsersdy j '
alien, and to info such action to ensure, the treatment of the Bonds is ohligations described in section Ill) of she Code, the
invest on r%hlch Is not includable in the "gross income" of the holder For purposes of federal income UsIatian In furtherance i
Ihocuf. the Issuernnenants es folhois
(a) to Irk am action hs assure that ro more than 10 percent of the proceeds of the Bonds (less amounts deposited to a
rncoc fund if an) I are used for any "prisalc business use", as defined In section 141(bl(6) ortbe code or• if mare [bin
nsceeds are so used, thil amounts, whether or not received by the Issuer, a ith respect to such pris ate
10 percent of the p
Mainers use, du not. under he terms of this thdinance nr any underlying arcangcmenl, direcAy or Indirectly. secure or
pros lilt fir the raymenl of more than s0 percent of the debt senice on the Bonds, in conlraseation of section Wib)t21
of the Code,, l
(hl to r,e any action to assure that in the went that the "prisalc business use" dc:erlbed In subsection (a) hereof
arcedi ! penitent of thr proceeds of the Bonds Bless amounts deposiled 'nln a resent fund, Iran) I then the sano n the M f
csccss sit t percent is used for a "prisate business use" which is "rvlalad" and not "disproportionate",
n l:')I ng of +ec t i on 14100 i l of the II h! Ibc gas crnmcntal use. percent the
(r1 to faker any action is assure that no Sri d loo a is greater than the
ruod. if em I is direuth or S5 ndctly used to finance loons
to per ,ervmntsheI4nds ncssoal
mmemal units, In n!nlraventinn of section i4 Ilc)of lheCode.
to s, Taber that sfaleor local g oi.sc
(di 6r n•frain from taking any action sshleh %(,old uther%ig result In the Bonds being healed as "pdsate adiiit) f ~
bond,"its itlrin theor uning of action I41IM1)of the Csxle,
(rl u,n0Gain fn,m akin niy action this aauld tcsuh in the Bonds being "'edernlls guaranteed" within the meaning of
scchan 14glh) of tle C(de,
In t, r&&n frm,n using any portion of the proceeds of the Bondi di" ctly or indirectly, to acquire or to replace fund[
nl,uh ecfe ,,ed, directly n1 indirectli.10 Acquire insestntent property Ias Waned in section 144(h>l21 or the cede)
bash ri,doces n nsaferialls higher )add nscr the term of the Bonds, other than insestineol ppny acquired alth -
11 T proueds uf'r'e Bonds fine,10 for a reasonable Iemp+rary, period of 3 ) ears or less until such proceeds
sit needed bi the purpose Or %,!I the Bonds are Issued.
121 amounts inscdcd in a bona fide debt scrice fund, within the meaning of section t.I itb) or the
7rea^ur,. R.ralartans.a^'d l
it ann+unts dcposllad in any rezu,nably required rescue ur reptaeancnl Wad Iulhc estenl wch omeanis do
rf, 1 es,ecd to percent of Jilt anted principal omowt (or, in the use of a dlsensml, the Owe pier) of the I s I -
rcrrfGcale,,
,ti m nhrrs ice rcdrlut the use of he pnrcceds of fie bonds or amnunh lrcalyd as pnxceda of the Bands, as may he
,ie.r., rtiA d,c Bands do not otherssi4 contrwcne the requirements of section 141 of the Code (relating to
is usl..vctrfn l Y>tgl or the Cale oelaling to ficdge bands). and to the erte.,' spplicahle, section 14`hdl of dm
t, oleo,,,V h, a dsanerefundings4. and t( '
ro p n to the l ruucd Slates of Aneenea al lct<t Price &,ing each fse•)tar period lheginning on the date of deliscr) f
Im am~,unT Ih.tT is at lersl equal ht 4(I percent or the "I.rceo rarnings", -Ahhin The meaning of section
I 'will r the I'ode And w pay W the it nncd Statr4 of America not later that MI days aflei de Bonds hose been paid no
.
s
sIII 11ilrot cot orTbeamount then required lo be paid as arcsultor IscesslamingsundersechonWin ortheCode
p i es of Ile foregoing (a) and 1h), the Issuer underslands that the term "proceeds' includes "disposillon pnKerds" as i '
,0 rlFc Ire,i'ury Regular'om, and, in the case or refunding hoods, transferred proceeds Of any) and pnKerds of the
r b"r 1', ,r 1, nr in R t prior to the date of issuance or the [kind.. 11 N the understanding of the Issuer Ihai the Mnlnt-
mI 1'r, l herein we intended In assure comrbonce ahh the code and any regulations or roiingr prnmulgoed by the I 1
7 I'tI „rt,d the treasury pursuahcreto. In the e'ent that regulations or rulings are loveencr promulgated which modify, tit
p,md pfow;, ins of the Code, as applicable to the Bonds, the Issuer a ill not he required to comply shall any eoscnanl ecolained
fiefculis the essrnt11isuch failunto corriIn The Opinion ofnationally•recognlndbond counsel, %illnot eds,wely.'feetthe A
)2
1 f
4~ 1
32 x 10
x
•
o
;aala^w
V
evempti on from federal income taxation or interest on the Bonds under section 103 of the Code. In the event Nat regulations or
rulings are herconer promulgated which impose additional requirements which are applicable to the Bonds, Ike Issuer agrees to
pnmcne hehexemp onlfrom federal income tat li n of ineestnihe Bonds undernsectiont103aofthe Coda bend counsel, to
In order to facilitate compliance with the abuse covenant fh), a'Rebate Fund" Is hereby established by the Issuer for the sole
Mneft of the United States Of America, and su.h fund shall not be subject to the claim of any other person, Including without
limitation, the owners of the Certificates. The Rebate Fund is established for the additional Purpose of compliance with Section
IJA of the Code,
` DISfOSO ION OI' PROICC'T. The Issuer covenants drat the property constituting the Project will not be sold or otherwise
disposed in a transaction resulting in the receipt by the Issue of cash or other compensation, unless the Issuer obtains an op in Ion -
01 nutionally•recognire l bond counsel that such sale or other disposition will not adversely a,Tect the M-exempt status of the
f llonds
l INI LRI.Sf EARNINGS ON BOND PROCEEDS. Interest earnings derived from the Investment of proceeds from the sale of
the Initial Mond, other than proceeds deposited in the Interest and Sinking Fund and the Rexene Fund, shall be used along with
other as uilahle prlKCedx for improving the System; provided that after completion of the improvements if any of such inter, 1
earnings remain on hand such interest emiings shall be deposited in die interest and Sinking Fund It Is further provide-J,
hooesco that any Interest earnings on Mind proceeds ahklr are required lobe rcbatad to the United States Df Arwics pursuad
hi the l'ovenants Regarding 7ar•Evempdon ficrcin so as to Prevent the Bonds from being arbitrage bonds shall be so ebaed and
nut considered as inicrest earnings for the purposes of thls Ordinance
C'IrSIOhY, APPROVAI., AND RF,GISlk%IlON OF BONDS: BOND COUNSEUS OPINION. CCISIP N'UMMS,
PRFASIBI.E. AND tNSURANC-F, The bla)or of the Issuer to hereby autbortred to have control of each initial Bond Issued
f hereunder and all necessary records and pnxecdings pertaining to each Initial Bond pending its delivery and its Investigation,
I csuminotion, and apprncal by The Attomey Genet,; of the State of Texas, and its registration by die Comptroller of Public
Accounts of the Stdte of levas. Upon registrution of each Initial Fund said Comptroller of Public Accounts (or a deputy
Jcvignaied in writing to ad for said Comptroller) shall manually sign the Comptroller's Registration certificate on such Initial
j Bond, and the seal of said Coinptroller shalt be impressed, or placed in facsimile on such Initial Bond. The approving legal
y opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, of the option of the lstuer, be printed on each Initial
Rand or on any Binds issued and JelvereJ in conversion orand exchange or replacement of any Bond, but neither shall nave
any legal cffvct, and shall be solely for the cumcnience and nfurmation of the registered owners of the Bonds. The preamble to
this Ordinance is hereby aduped and made a part hereof for all purpose.. If Insurance is obtained on any of the Bands. the
revPevtnse initial Band and all Other Bonds shall bear an appropriate IcgcoJ concerning insurance as pn»Ided by the Its er,
SV f'. 01 IN111AI, BONDS. The Initial Scr!es 1999A Bond Is hereby sold and shall be delivered to
for cash for the par value thereof and acUUCd Interest t1 isn to date or delivery, plus a
pron. tat off It is hereby vMeial1) found, dckrnined, and declared that the Initial Serics 1998A Bond has been
sold I Puhllc sale lo the bidder offering the lowest interest cost, after reselling sealed bids pursuant to on Official Notice of Sale
r and I I smg Instruction, and Official Statement dated July 7, 1995, prepared and distributed In connection will the sale of the
Inil'n I $eriex 19515A BanJ Said Official Notice of Sale and lidding Instuetiom and Official Statement, and tiny ddenda
i supplement, or amendment thereto have been and are hereby approved by the Isv er, and their use in the offer and sale of the
Serics 11010A Bonds is hereby appruveJ It is further nfpcially found, determined, and declared that the statements and
%pie,cni,il inns contained in said flrfcial Notice of Sale and Official Statement are true and coned in all material respects,
1il C Rt GISIRA I ION. The Bonds initially ehali he Issued and delivered in such manner that no physical distribution of the
Bonds will be made to the public, and The Depository Trust Company ("DTC"). New York, Neat York. Initially will act as
depository for the Bond, DIC has repreeemcd that it is a limited purpose trust company In'Orpotated under the laws of the state
1 of New Ynrk, a member or the federal Rexene S) stem. a "clearing corporation" within the meaning of the Ncw York Uniform
1 l'onimercial C'odc, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as
arnended, and the Issuer accepts, but in no way verifier., such teprtsentadans the Initial Bond authorised by this Ordinance
shall he dclixetcd to and registered in the name or the Purchaser lloweser, it Is a condition of delivery and sale that the
Vurchaser, bnmedianely a0cr such deliscry, Shull cause the Prying ,AgenCRegistrar, u provided for In this Ordinance, to cancel
said htitrnl Bond and delih err in exchange tharfur a suhsOule Bond for each maturity or such Initial Bond, with cash such
substitute Bond to be registered in the name or (.I.DE A Co, the rumors" or DIC, and it shall be the duty of the Paying
( Agcial Registrar lo take such action. It is needed that DIC will hold the [kinds on behalf of the Purchaser and'or the DTC r
I liartiap.vnn. as ddincJ and c ibad in the Clffieial Statement referred to and approved IM1 Section N herraf (de "UTC ,
Parlicipanb'l. So long ex each Bond is reglstered in the name of CME R Co., the Paying AgentRegistrar shall trcai and deal f
v'th Mc C in all respects die same m if it were the actual and b<•nebclal owner thereof. It h expelled that DIC will maintain a
I book cola system which will Identify benerieial ownership of the Bonds by OTC Participants In Integral amounts of SS,000, will
transfers of ovxncishirs being elfeded on the records of OTC and The DTC Participants pursuant to rules and regulations
~i established by sheen, and dial the substitute Bonds Initially deposited with DTC shall be ImmobiI and not be further
exchanged for suhstitulc funds except a hefeinanet pfusWed The lesuer Is not responsible d liable root any functions of DTC,
will no be responsible for paying any fees or charges with resprci to ra services, will not be responsible or liable for i
33
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maintaining, supervising, or reslewing the records of DTC or the DTC Participants, or protecting any Interests or rights of the
beneficial owner of the Bonds It shall be the duty of the Purchaser and the DTC Participants to make all arangcments with
DTC to establish this book-entry system, the beneficial ownership of the Bonds and the method of paying the fees and charges of
DTC. The Issuer does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will
be maintained in the future , The Issuer rescncs the right and option at any time in the future, In its sole discretion, to terminate
the DTC (C'F.DC d: C0-) book-entry only registration requirement described above, and to permit the Bonds to be registered in
the name of any owner. If the Issuer exerdscs its right end option !u', rminate such requirement, it shall give written notice of e
such termination to the Paying Agentlttegistrar and to DTC, and therraner the Paying AgentlRel lrar shall, upon presenintion
and proper request, register any Bond in any name as provided for in Vila Ordinance. Notwithstanding the initial establishment of
the foregoing book-entry, system w ilh DTC, if for any reason any of the originally deliseted substitute Bonds Is duly filed with
the Paying AgenVRegistrar with proper request for transfer and substitution. as prusided fur in this Ordinance, substitute Bonds
coili be duly delivered as prutidcd in thisOrdinunce, and there %A N no assurance nr representation that any book-entry system
will be maintained for suca Bands, !
Ili
CUSII'LIANC'E µ'1l11 RULE 13c2.12. (q Annual Re[nrns ay The Issuer shall provide annually to each NRMSIR and any ~
sift, within six months ancr the end of each 11xa1 year endin01 In or after 1998, financial information and operating data with
respect to the Issuer of the general type included In the final Official Statement authorised by Section 34 of (his Ordinance, being
the information described In Exhibit A hereto. which Exhibit Is attached to and inenrpurated In this Ordinance W if written word
for word herein. Any financial statements so to be prosidad shall be (1) prepared in accordance w'nh the accounting principles
dcscrihd in l A hereto, or such other accounting principles as the issuer may he required to employ from time to time
e
(1) sudiled, if the Izsucr commissions an audit of such statements and the audit is • r
pursuant to atal~ law or regulation, and
completed w ithin the period during which they must be prutidcd. If the audit of such financial statements is twi complete within I
' such period, then the Issuer shall provide unaudited financial statements by the required time and will pruslde audited onancial i
staremcnts for the applicable fiscal )car to each NRMSIR and any SID. when and if the audit report on such staletnenls become ~t
a4lable. `
111) if the issuer changes its fiscal )car. it will notify cnch NRMSIR and any SID cf the change (and of the date of the new fiscal
year end) prior to the nest date by which the INguci otherwise would k required to provide financial information and operating
data pursuatt tc this section- the financial information and operating data to be prodded pursuant to (his Section may be set
Forth In full in one or more documents or may he included by speclnc reference to any document (including an official statement
to other ofTcTing document, if it is asaiiaMe from the MSRB) that theretofore has been proOded to each NRMSIR and any SID or
filed wish I„e SLC
(M Material Ctcnt Notices, the Issuer shall notify any S1Dand eitherench NRMSIR or the NISRB, In a timely manner, of any
of the fsgh' ing otrnts s ithith resrecl to the Bonds, if such etenl Is malarial, within the meaning of the federal securities laws:
I I'rmcipal and nacresl raiment delinquencies,
2 Nun-paymenlrelated defaulK
I
3. ('nschcduleel drawson debt senke resenesrenecting financial difficulties. ,
e. t.' nscheduled draws on creditenhancements renecting financial diff culties;
) 5 ibdaulk,n of credit or liquidity prutider, or their failure to perform;
i i
6 Ads m,.e tax opinions or stems affecting die tat-exempt status of the Bundy
M+ 1 blc~1~17caGnns to rights of holderorthe Dori
• P Rend tall c, ;
lc fc a%an,O.
10 Relti,e. sulsmution, or sale of rraperly securing repayment of the Bunds; and 3{ ,u
II. Rating changes.
1 r
t ~le frao ~ oil rinformation or crand ier litng either each lIn mNFkMSIK ccordansrw with fubseci tin (a) of this Section by the (lime required by such the SRR, in a
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(c) t.imitations, Uisclalmers, and Amendments, (i) The Issuer shall be obligated to observe and perform the covenants specified
in Section for so long as, but only for so long w. the Issuer remains an "obligated porno" with respect to the floods within
the meaning of the Rule, except that the Issucr in any event will give the notice required by Subsection (b) hereof of any Bond
calls and defeasance that cause the Issuer to no longer be such an "obligated person",
(ii) The provish+ns or this Section are for the sole bereft of the registered owner and beneficial owners of the Bonds, r
and nothing in this Seetiun, expresn of Implied, shall give any benefit or any legal or equitable right., remedy, or claim
hereunder to any other person. The Issuer undertakes to pvovlds only the financial information, operating dela,
financial statements, and notices which it has expressly agreed to pr vide pursuant to this Section and does not hereby
undertake to provide any other Information that may be relevant or naterial lot complete presentation of the Issuers
fnnnclol results, condition. or prospects or hereby undertake to update any Information provided In accordance with
I this Sadism or otherwise, except as expressly provided herein. The Issuer does not make any representation or
warranty concerning such Information ur its usefulness to a decision to Invest In or x11 Bonds at any future date.
(lilt UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE REGISTERED OWNER OR
BFNEFICAL OWNER OF ANY BOND OR ANY OVER PERSON, IN CONTRACT OR TORT, FOR DAMAGES
IIISSI-11ING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR
WI1110UT FAULT ON IIS PART.OP ANY COVENANT SPECIFIED IN 11115 SECT ION, BUT EVERY RIGHT
SUCH
SIIALL O BE L1MIfIDI 10 AN AC"I KON FOR RACT OR TORT, FOR OR 014 ACCOU`NT OF ANY
ANO BRLMIDY
OR SPECIFIC PERFUMANCE.
(iv) No default by the Issuer In observing or performing its obligations under this Section shell comprise a breach of or
default under the Ordinance for purposes of any other provision of this Ordinance Nothing In this Section Is intended
or shall act to disctaim, waive. or otherwise limit the duties of the Issuer under redend and state securities laws.
(v) 'll+< proi Wons of this Section may he amended by the Issuet from time to tull adapt in changed circumstances
that arise from a change in legal requirements, a change in law, or a change in the Identity, nature, status, or type or
operations of the Issucr, but only If (h) the prusisions of this Section, as so amended, would have permitted an
underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with Ilse Rule, taking into
account any amendments or (nterpioatioas of the Rule since such offering as well Is such changed circumstances and
121 either (a) the registered owners are majority in aggregate principal amount (at any Stealer amount required by any
other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent io such
amendment or (b) I person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined
that such amendment will not materiatly impale the Interest of the registered outlets and beneficial owner of the
Bonds If the Issuet so amends the provisions of this Section, it shall include with any amended financtat information
or operating data rem provided in accordance with subsection (a) orthb Section an exptar loo, in narrative form, of
the reason for the amendment and of Ike impact or any change in the type of financial information or operating data so
pros Ided. 1 he Issucr may also amend or repeal the provisions of this continuing disclosure agreement if the SEC
amcndn or repels the applicable provision of the Rule or a court of final jurisdiction enters judgment that such
provisions of the Rule are invalid, but only trend w the extent thatthe provisions of this sentence would not prevent an
underwriter from lawfully purchasngor selling Bonds in the primary olTcring ofiheBonds.
(d) Dcf onions. As used in this section, the following terms have the meanings avribed to such terms below:
"MSRB" means the Municipal Securities Rulemaking Board
"NRhISM" morns each person whom the SEC or Its staff has determined to be a nationally recognized municipal
sccurliics Information repository within the meaningof the Rule from time totime s
"Rule" means SEC Rule 13c2.12, as amcnded from lime to time.
• "SIC" menus the United Stales Securities and Exchange Commission.
"S11)" means Inv person designaird by the State of fixes or an authorized department, officer, or agency thereof as.
and determined ay the SIC or its staff to be, agate information depository within the meaning of the Rule from time 10
One.
RI FUNDINo OF RLI'UNDED OBIACA110NS. Concunenlly with the delivery or the Initial Series t991A Bonds, the Issuer
. shall transfer to the United States of Amerlca f_ rrom the proceeds of the sale or the Series I"SA Bonds to
! refund and prepay the Rdundcd Obligations. 11 is hereby found and determined that the refunding or the Refunded Obligations ,
w ill result in a reduction in the amount of principal and Interest which would otherwlu be payabte by the ssuer h in actual
value deal
and a present %etue basis, with an actual gross debt service mvltlgs of approximately S__ present
son lee WIPS1 of approximately S
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EURI PER PROCEDURES. The Mayor of the Issuer, the City Secretary of The Issuer, and all other officers, employ"", and
shell be and they are hereby expressly authorized, empowered, and directed fram time to
agents of the Issuer, and each of them, `
and at any lime to de and perform all such acts and things and to execute, aclinassiedge, and deliver in the name and under
time if
the corporate seal and on behalf of the Ss_suer all such Instrumcnts, ehcther or not herein mentioned, may be necessary or
desirable in order to carry out the terms and provisions of this Bond Ordimnce, the Bonds, the sale of the e Bonds, and the Noti cc
of Sale and Offic.al Statement; and the Director of rinance of the City shall cause the expenses of issuance of the bonds to he ( p
paid from the proceeds of sale 6 the Initial Bond or from other lawfully available funds of the Issocr. In case any officer whoa
signature shall appear an any Bond shall cease to be such oMcer before the delivery of such Bond, such signah-, shall -
. i
nevertheless be valid and cuff dent for all purposes the some as if such officer had remain.d ;r. eRice until such deri'/ cry
t•
OPEN MEETINGS. 'Me City Council has found and determined that the meeting at which this Ordinance is considered is open iI
to the public and that notice thereof was given in accordance with the pros isions of the Texas Open Meetings, Lew, Tex. Gov't.
Code. Chapter SSi, as amended. i
i .
II f'LCIIVEDATE, ThlsOrdinance shall become cfrectist IMMciliattly upon its passage and oppr0% al
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TAX MATTERS
Cupislox On the date or Initial delivery of die Bonds. McCall. Parkhurst A Hunon U.R. Dallas, Texat Bond Counsel, will
render its opinion rhal, In accordance with statutes, regulations, published rulings and court decisions existing or the dale thereof, (1)
interest on the Bonds rot federal income tat purposes will be excludable from the 'gross Income" or tic holden thereof and (2) the
Bonds will not be trculed as "private activity bonds" the Interest on which would be included as an alternative minimum tax
' preference item under section 37px3) of the tntemal Revenue Code of 1986 (the 'Cede"). Except U Stated above, Bond Counsel '
will express no opinion as to tiny other federal, state or local tat con"uences of the purchase, ownership or disposition of the
floods. SnAppcndixc.rormorclilnfonorPmdCounsel.
In rendering its Opinion, Bond Counsel will rely upon (a) the Cit)'s federal eat cenillate and (b) covenants of the City with respect "
to arbitrage, the application of the proceeds to he received from the Issuwxc and sale of the Bonds and certain other matters Failure
k of the city to comply with these representations or covenants could cause the interest on the Bonds to become Includable in gross
income tdroactis ely to the date or issuance of the Bonds.
"I he low upon which Bond Counsel has based its opinion is subject to change by the Congress and to subsequent judicial and
odministrative interpretation by the courts and the Deparnnent of the Treasury. Then can be no assurance that such law or the j ,
interjxnntian thereof will not be changed In a manner which would adversely affect the tat treatment of the purchase, ownership or
' disposition of the Bonds
( IrLDEIUt lt('our Tti\ At (OIMCIG UtATAIM Oe ORlctx.tL Isstt DiscoVsst„ , The Initial public offering price to be paid for r t .
one or more moturitim of die fonds (the "Original Issue Discount Bonds") may be less than the principal amount dsereor. In such
es cot she difference Isclw een (t) the amount payahle at the maturity of each Original Issue Discount Band, and ((i) the initial offering
price to the public of such Original Issue Discount Bond would constitute orgiaal Issue discount wlth respect to such original Issue s
Discount Bond in die hands of any owner who bas purchased such original Issue Disc aunt Bond In the initial public offering of the
r ponds. Under existing law, stub Initial owmr Is entitled to exclude from gross income (Am defused in section 61 of the Code) an
amount of income w ith -uspect to such Original Issue Discount Bond equal to that portion of the unount of such original Issue
discount allocable to the period that such 0691.1e! Issue Discount Bond continues to be owned by such owner. For a discussion or
certain coilNcrai fedcrdl tat consequences, see discussion a1 forth below.
In the event of the redemption, sale tar other Iaable disposition of such Original Issue Discount flood prior to sated maturity,
how ever. IN esaount realized by such unner in excess of the basis of such Original lssue Discount Bond in the hands or strch owner
(adjusted upward by the p.nion of the orig'.nI Issue discount ellocuble to the period for which such Original Issue Discount Bond
was hdJ by such initial owner) Is includable in gross Income. ,
Under existing law. the original Issue discount on each Original 6sue Discount Bond is accrued daily to the stated maturity thereof
(in amounis calculated as described below for each six-month period ending on the date Wore the semiannual anniversary, dates of
the date er the Bonds and ratably within eacb such six-month period) and the accrued amount Is aided to an initial owntes basis for
such Original Issue Discount land for purposes of determining the amount of gain at loss recognized by such owner upon the
redempf iun, sale of other di thereof. The amount to be added to basis rise each accrual period is equal to (a) the sum of the ,
issue price and the amount of original Issue disco rd accrued In prior periods multiplied by the ylcid to sidled merutiry (determined
on the basis of compounding a, the close of each accrual peri(d and properly adjusted rot the length or k accrual period) less (b) the
amounts pal able as cuffent Intere st during such xcrual period on such Bond.
'The federal income tat consequences of the purchase, ownersbip, redemption, We or other disposition or Original Issue Discount '
Ronda which wv not purchased la the initial uffering at the in id al offering price may be determined according to rules which diner
from those described above. All asvnen of O iginal Issue Discount Bonds should con suit Ihelr own tat &I% Isom with respect to the
determinasiun for federal, state and local income wx purposes of the treatment of interest accrued upon redemption, ale or other
fa disposition or such Original Issue Discount Bonds and with respect W the federal, sun, local Will fonign tax consequences of the
I purchasaownership,redemptim,sale or other disposition of such Original Issue Discount Bands.
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COt.LATT1tAL FLUEML INCOME TAX CONSLQCENCLL... The following discussion is as summary of certain collateral federal
income cox consequences resulting from the purchase, owTersNp or disposition at the Hands. This discussion is based on existing
staWteN regulations, published rulings and court decisions, all of whkh we subject to change or moditicalion, retroanively. j[ t
'
The following discussion is applicable to Inveslon, etlser than dhow who at subject to special provisions of the Code, such 13
financial Institutions, property and casualty Insurance compu+les, life insurance companies. Individual recdplents of Social Smurity
r
cr Railroad Retircmcof bcn4ts, owners of on Interest in a FASIT. Individual claiming and esrned income credit. certain S %
t corporations with Subchapter C eamings and profits and taxpayers who may be deemed to have Incurred or continued Indebtedness +
_j to purchase tax-exempt obligations
' INVESTORS, INCLUDING 1'1IOS£ N'i 10 ARE SUHIECT TO SPFCIAI. PROVISIONS OF ?I IE CODE, SHOULD CO'JSULT
L TI IfIR OWN I'AX ADVISORS AS TO T1IE TAX TREATMENT NT IICI I hIAY BE ANTICIPATED TO RESULT FROM THE
PURCHASE, O\N'NLRSIIIP AND DISPOSITION OF TAX-EXEMPT OBLIGATIONS BEFORE DFTERMIN NO WIIETIIER 7 14
j, TO PURCI IASE ME BONDS.
Interest on the Bonds witl be Includable as an adjustment for "adjusted eartvings and profits" to calculate the alternative minimum tax 111111
Imposed on corponuiuns by section s3 or the Code. Section SS of the Code imposts a tax equal to 20 percent for corporations, or 26 i ,
d percent for nuncorp,rate taxpa)cn (29 percent for taxable Income acceding 5173,000), of the taxpayces 'alternative minimum
'.usable income," if doe amount of such alternative minimum tart L% greater than the laxpa)eIs regular Income tax fur the taxable year.
a . ~ {merest on the Bonds may be subject to the "branch profits tax" imposed by section 1194 of the Code on the elfativelycorlnected
eumings and profits or a foreign corporation doing business In the United Stares
L'nda section 6012 urthe lode, holden of taxexempt obligations, such as the Bands, may be required to disclose interest received .x
nr accrued during each taxabtc )Car on their retums of federal income taath n. '
1 Section 1276 of the C'nde provides fur ordinary income tax treatment of gain tognired upon the disposition of a tax.exempt it) obligation, such as N Bonds, if such obligation
-A as acquired at a "mark t to utiv, id if the I'Mill " mat aturthe a Irnl h oblgdn ion does !
equal to, (it exceeJt one) car from the date of issue Such treatnsent app
nut exceed the accrued market discount or such bonds, although for this put",. a de mdnimis amount of market discount ds ignored.
A "market discount bond" Is one which Is acquired by the holder at a purchase price which is less than the slated redemption price it
maturity or, In the case of a bond issued at an original Issue discount, the "revised Issue price" (d e, the issue price plus accred
original issue discount), The 'accrued market discount' is the amount which bean the same ratio to the market discount as the
mumt•cr or daft during which the holder holds she obligation bean to the number of days bcbween the acquisition dare and the final
viawrii) dale
t
St vrr. LAM At. Arlo FoxftaN Uikts Irtsrston should consult their awn tar advisors concerning the tax Implications of the
purnha.r. uo nerslop or disposition of the Bonds under applicable state or local law's Foreign mvtston should also consult their own
tax ads ison rcgarJing she tax nnscqucnces unique Its investors who are not United Stales persons.
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()THER INFORMATION
The presently ouhlanding Utility Syslcm resenue debt of the City is rated "A I" by hloody's and 'A+' by S&P. The City also -
has issue outstanding which we rated "An" by bloody'F and "AAA" by S&P through insurance by various commercial .
` insurance componics, Applications for contract ratings on this issue have been made to Moody's and MP. An explanation of the
significance of such ratings may be obtained from the company furnishing the rating. The ratings reflect only rise respective slew s of
such organimlions and the City makes no representation a+ to the appropriateness of the ratings, There Is no assurance that such
ratings will continw for any given period or time or that they will not be resised downward or withdrawn entirely by either or bath
I of such rating companies, if in the judgment of tither or both companies, OrLumstances sow arrant. Any such downward revision m
w ithdrawal of such ratings, or either of them, may have an adserse effect on the market price of the Bond.
Lt11C AilOV
Il it is the opinion of the City Staff that there is no pending litigation against the City that would have % material adscrse financial
impact upon the City or its operations
l RCGtxi RA710Y Alb QIiALIFICA710N OF Rov DS FOA SAL[
the sale of the [funds has not been registered under the rceend Sccurilics Act of 1973, as amended, In reliance upon the exemption r }
presided tbcreundcr by Sttlion 3{ax21'. and the Bonds have not been qualified under the Securities Act of Tetra In reliance upon
` various exemptions contained therein, nor base the [kinds been qualified under the Securities acts of any Jurisdiction, The City
assumes no responsibility for qualification of the Bonds under the securities laws of any Jurisdiction In which the Bends may be Sold,
assigned, pledged, h)puthecated or otherwise tran4cried, This disclaimer of responsibility for qualification for sale or other
disposition si the Bond shall not be amstrucd as an Interpretation of any kind with regard to the availability of any exemption from
seeurincs registration prosisians.
1A GAL INis ISasiLxis A'sb EI.IG10LIAt1' TOSIE Cl 9t Pit BE IC Flsbs lV Ti US
Section 9 of the Bund Iiedures Acl pro sIdcs that the Bond "shall constitute negotiable instruments and an investment securities
gos.rncd by Chapter R. Texas Unifu rtes Com mcrcio] Code, t ot%ithetanding any pmv tsions of law or court cite islon to the contrary.
1
and we legal anJ authorircd ins'cstnrcnts for banks, sac Irgs hanks, trust eompar es, building and low associations, savings and loan
associations, Insurance companies, fiduciaries, and trustees, and for the sinking fund of rities lowns, villages, school districts, and
other rolakal suhJis tsions or public agencies of the state of Texas". The Bonds are th +te to secure deposits of any public fund
Cay has been polilical iui,lisis, and me
orthe re% ie% s ) the its
of the lens in other states legal Mcmi a whether thel Bonde net legal nvestmcnts For sarisus , security for Irlstlimlanx inlhow slates,
1.1.4.1E Sl lti ENS
the Pity will I'unikh a consli iransc'ripl of proceedings had lnciGent to the authorisation told Issuance of the Bonds, Including the
unque118ed orrrus ing legal opinlun of the Anomry ocneral of rtsas approsing the initial Bonds and to the rffeet that the Bonds arc
said and leg.llly' binding ohtigations of the Lily, and based u;son eeunination of such transcript of proceedings the aprrosing legal
r opinion of Bond Counsel, to like el&ct and to the eITcst that the mierest on the Bond % ill be excludahle rrum gross Income of the
owners of the Bonds rot feJeral income lux purposes, subject to the matters described under 'tax Matters" herein, including the
uhcrm,a'rsa minkinurn tax on corporations. The cusbomury closing parsers, including a ecnifcale to the effect that no btigatinn of any
noura has Doan fled or Is then rending to restrain the issuance and delivery orthe Bonds, or which would affect the pravislon made
for thclr r menu or security, or in any mannca questioning the validity of said bonds o ill also be famished, Band Counsel was not
requc"tcd to rorticirute, and did not tae part, in the preraration of the Official Statement, and such firm has not usumed any
rcynsasibllily with respect thereto or undcrt,dsn Independently to verity r,y of the Information , mtained therein, except that. in Its i
capacity us third l'ounsel, such firm has res leveed the inform: tioa under the captions "The Bonds" except for the informallon under
the sutseapllon "Ihw,k•I'ntgdhlly Systcni'), "Tax Miners," and the subcaptiens "Legal Manes" and "Legal Investments and
I.ligil, ) to scare Puhllc funds in (etas" and such firm is of the opinion that the Information describing the Bonds and manes of
law conlainal under such cnptinns in all materiels respects accurately and ralTly reneat the pro,islons thereof. The legal fee to he
raid Kind Counsel ror servkcs rcndored in nlnne ion with the issuance arthe Bonds is contingent on the Sale and delisery of the
I Bonds. The legal orinlon will accompany the Bunds deposited with OTC or will be printed on the Bonds In the went or the
s dix onlinu',mce of the Bouk•t rur)-0111) System.
39
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MONO=
AI'TIILNTICITx' OF FINA%('IAL DATA AND OTHaa I%MR%CATION
The financial data and other information contained herein have been obtained from the City's records, audited financial statements }
and other sources which are belies ed to be reliable, Tlmere is no guarantee that any of the au"w options or estimates contained herein f i
will be realized. All of the summaries of the statutes, documents and resolutions containoJ In this Official Statement arc made -
suhjM to all of the provisions of such statutes, documents and resolutions These summaries do not purrol( to be complete
statements of such provisions and reference is made to such documents for further infrxitfdion Reference Is made to original {
documents in all respects. r s
Co,,i LING DM1('LOSI pL OF INMMIATION 1
In the Ordinance, the City has made the following ngrecment for the benefit of the holden said beneficial owner of the lands (see S
"'elected Pro%isiuns of the Bond Ordinance") . The City is required to obscrvo the agrremcm. for so long a it remains obligated to
advance funds to pay the Bonds Under the agreement the City will be obligated to provides certain updated financial information
and opernting data annually, and timely notice of specified material evrnts, to certain informaion vendor. This information will be 4
available lit securities brokers and othm who subscrilne to retieive the information from the vendors.
A%NI'At, RI.PORts.. , the City, will provide certain updated fnanclul information andoperat ng data to certain Information vendvxs -
annually, The information to be updated inductee all quanlitative financial information and cT erating data with respect to the City of l!
the general type included in this OlTrcial Statemmt under the captions "aloe Utility Syster t', "Dchi Semite Requirements" and
"I'Inanclal information", as reflected in Tables numbered I through 14, inclusive, and in Ai,pendix n. The City x111 update and
provide this information within six months after the end of each fiscal year ending in or alter 19", Ilse City mill provide the I m'~
updated information to each nationally recognized municipal securities information repo! Crory t"NRMSIR") and to any state
infoirration depnsiwry l' SID") that Is designated by the Staic of Levu and approved by the Slate of texas And approv ed by the ri
or the l tilted Sla cs Seou diesand 1'.xch,vnge Commisslon (the'SIA-),
the city mw provide updated information In full text or may Incorporate by rcfercnce certain other publicly available documents, as V
pcmiined by SI'.C Rule Oc2.12 the updated information till include audited financial stater ienis. WIN City enmm;ssions an audit _
and it is coo ldud by the required time If audited financial statements are nut rvailablo by t've required time, the City will provide
iii finwoal statements when and if the audit report becomes available. Any such flo ancial slatemcrio will be prcrared in
accordance wish the accounting principles described In Appendix B or such Other Mounting principles as she co) may be required II
In employ from time In time pursuant to slate law w regulation,
ldm Pity current fiscal )car end is September 30. Accordingly, it must provide updated tnformation by March 21 in each year. I
unless the City changes its fscal) car . If the City changes in fiscal) ear, it will notify each NRAISIR end any SID of the change `
.M vtt a I xt Lvt.%s so I u is. , , The (lily % ill alum provide timely entices of eosin r ants to certain Information xendon 1'he City
A01 prom ids notice 1d an) Of the following rents w oh respei to the Bonk if ouch r ant is material to m declslon to purchase or x11 I ,
H,rt1d, it ) ri,r ipol ;mil 1n!erest pa)meut delinquencies, (2) non•pu)mcnl related defaults. (3) unsduJuted draws on debt serilct
re•cnes icllcoing frmnial &Wtullies, 14) unscheduled draw on credit enhancemerds reflecting financial difficulties. (3)
,d-otuno n m t crc,4t or hquihty rr m idcrs. of their failure to perform, (6) adsensa tax opirioro in rents affecting the tax-exempt
,1111us 1-f the BoI& i 7) msahfcaliuns to rie,htf of holden of the Bonds: (1) nond calls, (9) dckasancas, (10) rclcai sukoutiun, or
,Jc of t r„rcrly ecuring rvpa) menl of the Tdonds, and (111 rating changes Ncithey the Bonds mfr the Ordinance mater any prc- Won
In, ri In cr,1,. lac cmCln, or aohancemcnt liquidity. In adddiem. the Cry x,ill ptomlde timely notice of any failure by the Pity to
III tin., -nfi rmatinn, dal,c or financial statements in accordance with its agreement described above under "Annual Reports," The
1 rte "ill pr idc each notice described In this pwagraph to any SID and to either each NRMSIR or the Municipal Securities
r :h^naf,np lt,nrJ l"S1xRli"I.
lit it 01111 of Ixlnaxtxnm i SKSISIRS ANDSID.. ,The C'iq has agreed to provide the foregoing information only to
+ '0 %1 IK. 11 ..I ,Inv bit I 1 he information will be railable to holder of ;muds ml) if the holden comply with the princJures and ,
- ry
p..,, ill, Ill rpvc t.ddl,hedb) sochinrormatiunvrnJuncroMainthe Information through ii tics brokenmho ill
f
k • 1„• tl im,il,,,l nJmrorv Council of faxes has been designated by the Seale of Texas and oppruved by the St'C stag as a
,m 1;a d X111 I lie a.ldress of the Municipal Advisory Council is i West 111% Street P. O. nos 2177, Austin, Texas 71761E
'I' u1J n• rh1 r c munlhn 15 312476.6947.
i 1,111 t n„is v%n Av0 xDNtrisi.. , Ile ('it) has agreed to update mfom aliom and to protide notices of material emends only n
•v , ,.1 1,jl,, , c I he C ity ham rut agreed to pros ide other Infurnation that may be rclcwnt o• material to A complete presentation Of
r. It lnmrml Rsuhs of orcrurluns, condition, or prospects or agreed Io update any Information that If provided, except Ls described
. 1. I he C vv m,dcs no r presenlation rr tiananty conceming such Ortmroi6nn or concerning its usefulness to a decision to
r, c n , r s I l ltondN at an) future ddre The ('try disclaims any contractual tit for liability fat damages resulting in whole or In par
tir, ru h of IN comimiing dsv-losure agrcemeM M from any stalcment made pursuant In its aittecril although holder of
Ison,l; may sock a wnl ol'mird3or s to comrcl the City to comply with its agreement, t +
E
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1'he city may amend its continuing disclosure agreement to dept to changed circumslars es that vise from a change in legal
requirements, a change In law, or a change in the Identity, nature. flatus- or type of operations of the City, if (I) the agreement as `amended, would have pcmtined an underwriter
to purchase or sell Bonds In the offering described herein In compliance with the
Rule, taking Into account any amendments or interpretations of the Rule to the date of such amendment as well as changed
circumstances, and (2) either (a) the holden of a majority in aggregate principal amount of the outstanding Bonds consent or to the
or (b) any Pew unaffiliated with the City (such as nationally recognized bond counsel) determines that the amendment ` a
amendmast
w
If the CIry so amends the ement It has
Operating owners of the Hands.
include impair the Ifina U of the holden and
I will not
agrees to o include de with the next financial information and operating data provided in accordance with Is agreement described above w
under "Annual Reports" an explanation, in narrative form, of the reasons for the amendment and of the Impact of any change In the i
l ty pe of financial information and operating data so provided.
F
i
i COAIPLIANCT w'1TN PAIOA UNOCATAKIN'Ga.,, The City has complied in all material nspecs with all continuing disclosure
I agreements made by it In accordtnce with SEC Rule I x2.12.
I FOAYCIAL AOrIsort
{ 111 Finl Southwest company Is employed as financial Advbor to the Clty in connection with the issuance of the Bonds. The
financial Advisor's rce for services rendered with respect lathe sale of the Bonds Is contingent upon the Issuance and delivery of t
l the Hoods. Firs Southwest Company may submit a bid fa the Bonds, either Independently or as a member of a syndicate
organized to submit a bid for the Bonds. Firm Southwest Company, in its capacity as Financial Advisor, has relied on the opinion
' of Honed Counsel and has not verified and does not assume any responsibility for the Information, covenants and representations
contained in any or the legal documents with respect to the federal Income tax status of the Bonds, or the possible impact of any
present, pending or future actions taken by any legislative or judicial bodies. In the nomsl course of business, the financial a
Advisor may from time to time sell investment securities to the City for the Investment of bond proceeds or other funds of the
G City upon the request of the City.
1. CFATIMATION OF Till OFFICIAL STATaatrNT
At the time of payment for and delivery of the Bond, the City will furnish it certificate, executed by proper officers, acting in
f their official capacity, to the elfec• that to the best of their knowledge and belief (a) the descriptions and statements of or
` pertaining to the Ciry contained in its Official Statement and any addenda, supplement or amendment thereto, on the date of such
Official Statement, on the date of sale c r said Bonds and the acceptance of the best bid therefor, and on the date of the delivery.
were and are true and corrcd in all material respects; (b) Insofar its the City and Is affairs, including Its financial affairs, are
concerned, such Official Statement did not and does not contain an untrue statement of a material fad or omit to Franc a material
fact required to be stated therein of necessary to make the statements therein, In the light of the eirrimstances under whkh they
w%cre made, not misleading, (c) Insofar as the descriptions and statements, including financial date, of Of pertaining to COMM
other than the City. and their activities contained in such Official Statement are concerned, such statements and data have been
obtained from sources which the city believts to be reliable and the City has no reason to believe that they are untrue in any r
material respect and (d) there has been no material : drerse change In the financial condition of the City slnce the date of the last
'
audited financial maiemeas of the City
The Ordinance authorising the issuance or the Bonds will alsi approve the form and content of this ORcat Statement and any , . i
I addenda supplement or amendment Ihercto, and authorize its further use in the rcoffri ing of the Bonds by the Purchases
I
l JACK MILLER
Mayor
City of Dcnton, Texu
v
All 11F
t )LNNIFfR WAI1LRS
City Secretary
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i APPENDIX
GENERAL INFORMATION F EOARDINO THE CITY
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IXWATtOr1... The City of Denton is situated in the northern portion of the DallasTort Worth Consolidated Statistical Area (CMSA).
' the souCity I, thcut)andlFort Worth 36 miles to tt,t 3euthwca)Th City has ercelldent at the arpex of a triangle based by Dallas access to and from all parts of the area (78
mile to f
Economy , r r Demon Is in the midst of a rich W,cultural and livestock area;
i
the hub city of Texas' new "Land of Lale3" region, which provides Denton and neighboring cities with aburalent water for
municipal, industrial and recreational purposes;
(Me of the three major university centers in Taw
The home or diversifcd industrial interests;
the site of the Nation's first underground Control Center of the Office of Emergency Planning and orrice or civil and Defense
Mubilitation; '
one of the kcy cities In the economically significant Dallas Consolidated Metropolitan Area. reduce Ry+1et x in I an uc nryt 1994. should
September 30, 1996, to 112139,976 at f
s taxvreceipts +vgmv econonic
p peny tax took cfTect .r
J_, I ScptcmKn 30, 1997.
11 a International Iwtopcs, Ina, a redioisotope manufacturer recently purchased an 60,000 square foot buildi og previously
occupied by Union Came In addition, the company is constructing two new buildings (valued at approximately
million) near the Intersection or Woodrow Lane and Spencer Road The new buildings will be the first to occupy the
I North Texas Research Center. Ancillar, operations, such as pharmauutical componles and medical equipment
monufacturen are expected to follow. The company will mamuradurc radioisotopes to be used In nuclear medicine
diagnosticsandtherapeutics.
a Fiist Financial Rewurccs completed construction of a new office facility on Kimberiy Street. The n rw facility is
! 10,500 square feet and valued st approximately 119117,000.
a Morrison Milling completed a 7,500 square foot once expansion, valued at approximately $525,000, at uteir facility
1 located on East Prairie Street and Dell Avenue
a Desclopments at Denton Municipal Airport', In October 1997, Nebrig & Associate relocated its aircrall brokerage
rirm from Dallas Love Field to their new hangar and offices at Denton Municipal Airport. The airport's newest
development project, Ilangar l0 Fly3na Museum is under construction and will open this summer The museum lies s
storage, display and office facilities. (tell Avlation assumed the full service FHO (Fixed But Operations) at the
I oirport on May I, 1997 The Ezell's have extensive d,welopment plans, which include remodeling and expansion of
their current facility to provide a pilot's lounge and scodurantIn addition, the F.tell's will construct a new hangar for
their warbird restoration operation
a Ilanrell Manufacturing, Inc moved into their new 39,90 square foal office and manuN uring facility located at
2200 Wonhingtou. This new building is Phase One of a two-phase project planned by the company as it expands Its
operations In 17cntom
A i
f a New Apartment Complexes, Waterford ar Spencer oaks on Spencer Road (278,000 square feet) t
• a I tat Tricks Rullcr l Jockey Rink opened in September, 1997. The facility is 10,000 square kmlmid Includes aa0rok, pro
shop, and concession stand The new racility, located on hleyhill Road. Is valued at approximately
a 1lobhy Lobby an Oklahoma City hased retail crags chain renovated 62,030 square feel ors building vacated by Wol
Mart when they constructed their new surentore The approximate value of the hobby Lobby renovation %ts
0
a Denton enton .
1 0 ,
Community I lospitel began a 116 million expansion that will include facilities for operating rooms and recovery
areas, The expansion will be completed In Fell 1998.
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a Columbia Medical Center began construction on a $74 million, 116-bed hospital (272,000 square real located on 1.15
Lust at May hill Road The new medical center Hill hase a full- Service emergency Cori V. The I lad C'enler of Denton
will be located in the new facility offering open heart surgery, coronary angioplasty, rardlac catheterization, cardiac I I.
rehabilitation, and patient and family support groups. Also planned is occupational medicine specializing in injury
116a1agenten6 prcvrnfion medicine, and health surveillance and the Woman's Pavilion Specializing in obstetrics,
gynecology and pediatrics.
a Skyfab constructed a 22,500 square (0411 commercial metal mnnufac•turing facility, valued at approximately $11 t,1810. 1
The new facility is Incntcel at 9070 IN' 2181
a Lode whole %31c Suppliers mused Inlo 12.000 4uare rcet or the building vacated by Wal Mart In May, 1997 when
they ennstrusled their new sapeMare. !
a the I'amity Doctors built u nex IIJOO sgttAre fool office facility on Tousle) Lane valued at approximately
I
a Tesav Motor Speedway. I he 1.200-acre speedway cumplex has a 1.5 mite neat track and seating enp,xity or 161,000 II
the rot-oity cost arrrovimaicly Sim Inilliun to consiruo lha speedways Inaugural rxss were held April b %Ilb the
Coca-Cola 10ONASCAR hunch Series on April Sth and the Tevas $W NASC'AR Wlnslon Cup Knee on Arril6th. 111
e Andets,m Sicichandisrrs. the new assemMy'xarehouso facility (2490YO square rest) for the distribution of hooka.
music And sidenrspcs opened in April, 1997. The building Is valued it 51,6 million and employs approximately 100 3
a Ik:,ton County is orating completion ofconstrucilon on the new 191,000 square foottourthouse located at 1450 Last `
McKinney Street. lfie new IJLIIIIy Includes 10 tnurtrooms, fsVdistrict
I4110 square s1vto county basement crimr spore,-, 1he an total
stalutory prohata court . A If10-nwrn holding jail rill occupy
pn1jecl cost is ea malrl at $18.9 million. C'umpletimi Little: project is K ieduled for hlarch, 1996, rrr,
a Denton C•nunq juvenile fyctenton Facility exranelon will add an Additional 12 beds to the current facility, A ll
stan,lurdirrd pod cnnnguratfon or Il hr,'awmsprr pod has been utHizcd throughout the !acuity Fach pod also has its
n,n shower, rossive deyrnorn and classroom, When the project is completed In hfarch,l998, the facility "ill hove a
fatal yr 441 pre•odjudicated juvenile beds, 48 Post• adjud i Cale d juvcri'e hods and support facilities ouch as skhatbn
an:aa -
a In?d Corpofatwn plane to build a $1.1 billion new advanced logic computer chip manufacturing cerise on $12 acres at
Alh,m, c I he faci6ly initially w ill employ 8110, with the poicullal to prom its MuMorce in more than 5,500 people
the plmst "ill be sme of the most modem and wphlOcaled chip manufacturing toilers In the world
,
i
a nh l Iw, Full lint music store, move amdielfaciuare feet located f tena nt spou That Is Iraad by Sit Specdy
o ono syuurc tout building includes app y 3,300 W
P:uding thera.ilirylevaluedIt5418,015.
r
r ,m s apcl buds ground on a new 11,(X11( square foot fxllily located at 1009 South 1.11 Gast In Septeinher,1997.
1hr rwir,t w sn4rcd nt $490,1%10 .t
II .t 'sclera "ill kKnte their new 1l44,,irn motel at fie Inhrsection or 1•15 North and Unkersity brlse Ihchind
ra 6cr 11 1 he totil development %ill include re,ilwam pad sites and other uses, Consuuttlon is sehcd0lcd to
bq,n I tuly 14M
s , •,r,+nr n,n I'uct I xtuN r. vl-01 , buying Fixal Year 1967.66, Px C'ity and the Chumhcr f Cnmmcrce, in concert. Nought
;i,v e y r,s"al nF the ballad a,rt N'onh Commercial trade /one. This apansion was grardrd by IN Stale Railroad
1 t 0 n 1 o ~,1 „Ill Minx fur greatly Owed shirpmg eosLs In ifie Lkntun area ' I. + +
1,. 1 • i ! n n:id.ni popuha6,m Increase and I steadyetenomic growth in the last foul decade+. + . .
VI t,ru,d( puLeb,tlrktak(romU.SCCM4rernldSWe
. ~ O •
i ~ 1910 Censw~ 11,192 t
1950 Crlsm • 21,545 I r
1960 Census - 26,844
~M 1970 Census • J9.1174 E
1990 Census • 49,079 1
1990 Census • 66,211)
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The C'ity'S ascenSlon toward a lap rung on Texad economic ladder is attributed panty to the steady influcsnes of govemmentel
h of the two Statc•suppaned onivershin, and panty bec sum of such environmental
xtiv ity w hick includes the yrer.by-year evpansm
V factor; at its location in a rich agricultural region, sortie oil and gas production in tbo northwtst section of Denton County, its
inclusion in the DallasPon Worth NIctroplex, ib proxlmlty to Omen of text? Ivgm restrvoin (Lake Texoma is only 40 miles from
T)cnlon). Its excellent highway and transportation fxilides, its mild climate, and the less tangible but Influential aspeclt of social,
cuttural and education edvan,eges that have prompted professional workers to choose Denton is a plug of residence
Iinl1TR1M1L Fill RE „.United Capper Indusuie will construct anew 420,000 square foot integrated copper building wire plant
and contiguous casting copper rod mill on 190 acre site at U S. 380 and (leesling Road along the eastern perimeter or Denton,
TevnsThe new Dcnlon plant will produce the type of copper wire used In both man-residential and residential construction, The
facil It) will also embrace a notional distribution « nter and the U S. corporate off ces of United Copper Industries. The projected f .
inscsimcnt for building and equipment within the first year Is $35.10 million. United Copper plans to hire 260 people In the
Iirsl ) car and 8011+ by year ten.
The project will serve Rs the flagship for s proposed first-class Industrial complex , The mew Industrial park will be developed by
the Trammell Cruw Company Construction will commence by April,l998 with equipment to be Installed and ready to begin
opcrationsbyJanuary,1999
international Isotopes, Inc. will construct I new biomedical complex In the new 500-acre North Texas Research Park, developed
by NW Realty and located bowlers Woodrow Lane and S. Loup 288 In Denton The complex will IncluJe Its recently
completed 27,000 square fool administntlon and research and deselopmenl facility, as well as Its new 10,000 square foot
l rudintsutupe production facility on 21,6 scres An additional 60 acres of land in the North Texas Research Center have been
deelgnaled for the establishmentof epecialisedpharmaceutlcal companies, radiopharmades and related service companies for the
ultimate manufacture, packaging and prompt distribution to hospitals, clinics and research institutlons
7 he company is evpected to create approximately 100 Jobs within two ytam with an annual estimated production of $200
` milli( ,m The project will estahlish Denton sit leader In the biomedical field, expansion of
1 I WD01, Manufactur0ing. the rAnderson Morelandpcelrs, thekedditioo of iWa1-Menl Superstore and the Lowe~Store PIN)ed s large pan
Counlld should pravld
In maintaining the City's eceanmy. the tmumic efet of Onew Apiaries Airporl In Dmlon and Tmml
future economic expanslan npponuniiies. Athanct Airport is located IS miles south of Denton on the Interstate Highway System 35
West. f'mpkq anent figures far remnn Crvunry are as follawsAvenge Annual
1997 1996 I99S 1991 1993 1992
CivilianIaborLorue 200,1)2 211,308 201,2/5 188,213 180,109 171.585
TotalL.mplo)men1 213,108 205,533 191,239 110,115 172,869 168,111 r
Ioral Unemplo)meni 3121 5,973 7,006 1,828 7,110 I'lim
PercenlUnemploymcnl 20% 2.809$ 3,5()"10 120% 110!4 3,0091
I V~
Sourct teNumC'ouotyWorkforctCenter
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IcDMM 00 BI'S1Vh91
Major Employee
Approximate -
Number of
rmployer Description llmpl0ye" _ e
i7iikersity of North Ticket education racility 5,500 I
Demon Slate School 611161R Facility' 2,100
Boeing I'Icctronics Military ' Flectrunks
[knton Independent School District City School System 1.649
Texas Woman's Unlsersity I'ducalien Facility 1,3100
Pclerhill Dicscl'rrucks I,OD(1 !'ny orlknton Municipality I•(N%t
Demon Count) Municipality 923
Columbia Medical center i lospital%Heal th Core
8 s0 1 ~
Victor rLquipmcnt (b. welding rquipmctd 673 ll
Denton C'omntnnity' I lospllal I lospitv('l lcallh care 500
Miou%meAntennaSlanuracluring 490 y
Andrew C'urporation 385
Sally' Iscauly Supply' Hew) Supplies
M'AILV Marketing A Research Teltrhone SuneyMarkcting 764 111
'f0c E
lknerallelephnnellectrk phone Utility y 21t)
2S0
Ru"cll•Nem man Manufacturing Company t.ingcrle Manuraeluring 250 f
!u,lee's. Inc. Class Rings
1 in ',tale hunk rinancla! Institution 250
Andcrwn Merchandisers PackagingtWarchouse 200
Mattison Milling rlour:Grain Mill 200
Acme Prick pricvnit Manufacturer 190 '
UcnlonPublishing Cumrarty Newspaptis 180
Icua Pak Aseptic Packaging 164
R,idnam 11('16 and l.agle Point Golf Count llottl~Colf Course ISO
Inrnty 1111otrics, Inc. Fabricated Plate 125
(Leta Vl 6fonufncluring Custom Plastic lnjrction Molding 120
1 urbo Rcfrigennion 1hermal Storagelctmakers 1 i1
Swr.c tnyi~ll~cni~~n(fiamhen,{C'ommrnefc0numrelk+elnpmenlGfllre
litt %$w%. I4n1un is the home of the 011%crsny or North Tew. rounded in 1890. and Iexa+Woman's Unisersit) founded in
IyI i
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the I,~ m, rro!j, has; a combined enrollment of approximately 34,IIt10 students, and more than 6.800 faculty mcmhem
npq , n n h snuienb are enrolled in cu-educatlunal Unhcrsily of North 'texas this Unhera0y has a larger enrollment
25 91x+
r" r' m Ihr , i,d roo d r1 Sllrncn or 6uuthem Methodist trnisersity at Halle+• Teta+ Christian klnkersity' In tort Worth, and Rice
d a Ii~a.i-m If+ar Wonian's kin Iscrsity has an appmkVmnk evollment of 9.7411• whluh Includes the Ikulsm, Dallis and P
1 IL un1I, r111w.
IV+cr.n+ Ill Noah toes snmpus romprlsr+ a land arcs or mrnc than 40(y o<'rcs +alued In nee+s of SISO millicm, the 1 i
i i ,r. C! ru,i 1, t s e-ght academic units of a .leges and schools, and offers Pxheloes dcgrets in 66 fields. Master's dcgrces in I I3
r ar,d I t, a loot programs art In 14 dinclplines.
;i
A~ iF npprn+mmrelry s I c 1110 faculty mcmbcrs r 90 pcrcentcnf %bom hold the rkxtoral degtea or mhersalppr appropriate terminal dcgtce omen In
, ' , r • r
j r1, r ficl t, 11A t, stressc•+ small classas• personal oti ntim and es.ellxrce in teaching 11hvough Its ten schools and colleges. 1%11
„Ifs' ptog,mnf le.iding to tit Itachelors degree in 71 mnjnt arc n, the k,veri in 72 fields and the rhxloral degree In 42 areas of
rr o r runwm. Science reccarch proprnms are conducted In chemidry, bio ogy', physks, rutritlm, textiles, tone mlcn,radiology, and
' ther related fields Y
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North Central lcxas College edabhsled In 1921, opened a Technical Vocational Center In the Denton area offering Associate
I Icgrees in Occupational Tbempy Assistance, Criminal lustice, Mid•6itnagtment Instilling and Micro Computer Applications.
NCiC. specialises in training geared directly to business and Industry' needs
Approximately 12,798 students are enrolled to the Denton Independent School District (DASD) for the 1997.98 school year.
I' Students anend 16 school., including 10 elementary schools (grades K-6), two middle schools (7.8), two high schools (9-12),
one early childhood center and one alternative school DASD olrrn classes at each school and at the Instructional center for
students who experience Icaming disubitities or handicaps, Counselors, speech and language speclalis4 psyehologista and
reading and diagnostic consultants are available for all grade levels In 1997, there were 521 high school graduates In Denton, of
l which over 700e have gone nn to anend Iwo- and four-year colleges and universities. DISD boast a low dropout rate of only
1,7i, for the 1996.97 school year. The district Is accredited by the Texas Education Agency and the Souihtm Aiocxiztion or
Colleges and Svhuols Gum kindergano through high school. Only 82 school district have earned that distinction on both the
clemcnlary and secondary levels. DISD sludents conslilenlly exceed both state and national averages in test scores. An
emphasis upon basic skills has helped students with ecadcmie, fine arts, vocational and athletic honor In district, state and
i notional competitions
Ascnton Stale School It is one or Americis most modem and progressive educational institutions This State-supported
edocalicrral institution for mentally handicapped Texas residents is located on a Macre site paid for by Denton cifliens.
Present facilities Include 47 dormitories (including oulraach dorms) which accommodate more than 1.188 students, S buildings for
physically handicapped children with a capacity' of 600, and a 32-bed acute hospital with supporting facilities such as X-ray,
latunatory, dental, and phannavewicat. In addition to these buildings, there Is a modem administration building, an academic
building, a large laundry, a maintenance shop and a w arehouee The school fins a staff of 2,1(ltl, with an annual payroll in excess of
SIF,l1W,(N10.
Arsut i it sir North wastem Ientun County is one of the more discrsiried agrlculmrd areas In Texas With soli types ranging
oals phasandy loam, and y gtnin scrghumts and peanuts ~H of cattle, ideal rchdiitmired faring and lckem and tturkeys contrib eka suPrincipal bstantial crops
are corn, bl3cls lo
wn amosl water. It Is steady income etery year to the farmers and ranchers of the County. A very significant concentration of vduable world
champion horses end horse ranches, hxaled Immediately to the north and tad of the City's corporate boundaries, ptovWe a
rrusrernus economic resource far the City and area, Products significant to the economy are horses, beef, eggs wheat, k sin
"rithums, hay, and nursery crops,
TonNsmar47lov Denian is IOCatcd only 20 miles northead of the Dalas-Port Worth In1cmatdonal Airport, This facility
more than 834`000 U.5 tons of cargo traveled
began opcrafim; In imestinenl In escess )of 5700,OOD,000t I In 1 1996 a record 58million pas t sengc s States,
lo rind through Df W Airport. In 1796, DFW opened their new east runway, Increasing landing capacity at DFW by 30 percent
I he ly ruton Municipal Airport us c% i full inctrumcnt larding sy
stem. The runway Is 6,00D feet by 130 feel with plans to extend it an additional I,SDO feet et Dallas lla lias I wt Field, Pun Worth Nita, ham Field, and the Alliance
Airport me also located an lase
p. to the Pity.
l Donlon Oilers comenicnt nano to s well.deveksped and suphlsticaled regional transportation syslem. Denlon Is located at the '
inhvsection of two major tramponallon ruutes, U.S. Interstate Ilighways 35E and 33W, which span the lithos-Fort Worth
matrnpolltan area. Significant economic devalapmenl is expected to continue is 1.35 senel is a major transportallnn link for
10cmaiiunal trade related to NAF [A 1.33 provldcs a north-south lianspanatiun route and U.5, Highway 380 provides an rash
ON transportation route. U S. Ilighwaya 77 and 377 also serve Denton,
the Kansas City Southern Railrood and the Viliun Pacific Railioad provide daily r-nice to Denton. Pull awltching facilities we
usa;lnhle, pan{ding direct oars to all major markets across the nation. Ottyhoundr1mIlways serves Denton through Dallas and
Ukiahnma C'tp klotot Geight In Ienton Is Included in the U IA' commttcial trade tome and is served by major Ptlghl mien,
i
vident Bank Togs bank Guaranty,
11 v 4 lesaslyti,Farmerrs k Merchants kStaet llapky . The Pilot Point National Bark ...kProone, Tinuti N A. FIr%t Stale Dark or
Itdcrel bank,
0 •
j Bonk One constructed a new 4,1100 square foot branch at the 0oldm Triangle Mail Texas Bank replaced its original building on
sity [hiss with a new 2,300 square foot branch Natlonsbank opened a new branch on 1.35 East in the Athertson'i grocery
Univer
ore.
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City Stale
fixal Building Permiu1° Weir Sever ElcOrir (lnemploymenl Unemployment
Year Commercial Residential ToW Customm customers Cunomera Rater AatA
61055 T OU^: a
1997 S 70,620,%d S 76.215,720 S $9.106,684 15,177 15,992 21,916
1994 30.)16,333 37,793717 61,110,010 16150 16.731 29,904 600% 610. f,.1993 14,56x1,421 36,730,111 so 191,24D
16,150 16,110 N,090 1905; 610!:
1946 51724,540 35,516,717 94,316,217 16,150 16,111 11.603 35074 500%
1991 41,015,127 50,3641111 91,470,195 17,211 17,212 32,566 2407:
1.1) NCwunstructionOnl). I~
Mltncet . Donlon has No hospitals Denton Regional Medical Center and I ICA Denton Community` 1110401111 with a
combined nnnl of 343 beds and 325 doelt"
RErat411or. . D oke Ray Rnbcns 10cakd epprotimatcly 1 miles nonhcaa of the City's corporate boundary on the Finn Fork of the i
I rmity Riker, is o major water conservation and flood control facility of mote than 799,6oo scratel or storage which provides an
abundance of parks and ether wont and outdoor related recreational fdcilitlesMajor park facilities on Lake Ray ReNrq were
completed In the fall of 1996 Nearby lake ltwlssille, one of Nonh Texas' largest lakes, is one of Trtas' most popular recreation ~d•`
anal Luke Leok%illr ha+ ashore line of 193 miles located entirely in Denton County, We Lewlsvillr Anroci% nicer 3,(M. OM
s triton to its shores annuall). I'he upper reaches of the tAt ore only aMkut 3 milts cad of the tenhsn City Limits, while the dam Is
IS miles from doontnan Drnlon, Grapeslne Lake. another large body of water created by the US Army Corps of Enginecn, 15 1
boated in Denson and Tarrant Counties. The dam Is 2) miles frum Donlon, parks and rNmotional areas abound on the shores of I
Lake Ray Roberts, I like I roissillc and Grapesine Lakrs. Nial'mg, fishing, hunting. swimming and all water sports are the favnrile I
recrertilmal plv41nwic at the lakes, which, because of this u ra's favorable climate, are In use the you ruund, 1111111
Le usosnc Rssalsc . , I he folluwing data was taken from Sales and hlarketing Management 1996 Survey of Buying Puwn, e
J,rtrJ Aqust 1497, f
of Population Whose Age is. t
11.24 24. Eyes if
25.34 I TINIAi
33.49 19 wit.
30 and (her I1.005ti
H0u4cholds 21.00
Mcdian Household l.fl'ectike Buying Name S 26.DI1
Foal I ITeciNt Buying Incomt S 914,429,00(1
'sof Householdsby LIll (imup ~ t s
S20JIM • 534,999 21.41Mi '
5)S,UIIO.549,999 15.30; 'r S30,W and Ow 22.7(': '
ii Buying Nov Index 0.0219
R CIA F ood Sales 969,124
F 5 124.196
{ ood
Luling and Drinking 91.406 31
Ocntral kldwhoodiu 151.331
Aulotmotiv othe me FurnlshingrAppllancea 39,741
340,!94
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APPENDIX
EXCERPTS FROM THE i
CITY OF DENTON" TEXAS E ~a
t r'
ANNUAL FINANCIAL REPORT
Fu the Yea Ended Seytember A 1997
§ ~ t
the informntton co0hlned In this ApWAix cmis4 of excerpts Gam the City or Dentm
Tcxu Annul Flnenrlel Rayon fa the Yar Ended September )01 19971 find is not Intended
10 be a complete ststcrn t of the Ck)h AnnncW condition. Reference Is made to the
complete Repon for further Infomuflon.
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Certificate of
,
Achievement 1
for Excellence
in Financial ~I
Reporting 11
Presented to 1
l
City of Denton,
Texas
For its Comprehensive Annual
Financial Report
for the Fiscal Year Ended 11
September 30, 1996 I i
A Certificate of Achlavemant for Excellence In Financial 1
Reporting is presented by the Government Finance Officers
Association of the United States and Canada to
government units and public empiowee rellrement
systems whose comprehensive annual financial R
reports (CAM) achieve the highest ~
standards in government accounting
and financial reporting
~ _I ,
as s, CJ~ PresMent
'~lawMIME (//f_ ~ ' i
FxacutWe CVector
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an OF DEPITON
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} list of Principal OffWale
"
September 30, 1997
ELECTED OPICIALS
j 1 TWo Name
f Jack Miller
Mayor
Mayor No-Tom Wins Brock
RON Beesley
Councilmember a ,
Councilmember Mike Cochran
Councilmember Neil Durcanee
Councilmember Sandy KrIstoferson
Councitmember Cod O. Young, Sr. S
CITY OFFICIALS
Tile Name
t City Manager - - Tad Benavldes
Deputy City Manager Rick Svehle
I Assistant City Manager of Finance Kathy L. 04010
~F
Assistant City Manager of LhIllties A. E. N,lson
Mike Jet
Assistant City Manager of Operations
He aeR Prouty
City Attorney
J),Wfof Walters
v t city Swetary
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Q Cary Carder Tower II Telephone' 16171347.3300 ,
Suile 2950
301 Commerce Street
Fort Worth, Texas 76102
iNOEPENUENT AUDITOR8' REPORT
~ I
7 be honorable Mayor AM Members of the
o(6: City Council
City of Denton, Texts
We have audited the accompanying general purpose financial statements of City of Denton, Texas
cCity"1. as or September 3o, 1997, and for the year then ended, listed in the foregoing table of
contents. 'Rest general purpose financial statements are the responsibility of the management ofthe
1 City. Out responsibility Is to express an opinion on these general purpose financial statements based
on our audit.
We conducted our audit in accordanu with generally accepted auditing standards and the standards
applicable to financial audits contained In GovernmersrAadifirrg Standards issued by the Comptroller
General of the United Suies. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the general purpose financial statemenu are free of material
misstatement. An audit includes examining, on a test basis, evidence tupponing fts amounts and
disclosures in the general purpose Gnandal statements. An audit also includes assessing the
accounting principles used and tignificant estimates made by management, as well as evaluating the
overall financial statement presentation. We believe that our audit provides a reasonable basis for our
opinion.
In our opinion, such general purpose financial statements present fairly, in all material respects, the
financial position of the City at September 30, 1997, and the results of its operations and the cash
flow's of its proprietary fundtypes for the year then ended In conformity with generally accepted
accounting principles.
Our audit was conducted for the purpose of forming an opinion on the general purpose financial
statements taken as a whole The combining and individual fund and account group financial
sutements and schedules listed in the foregoing table of contents, are presented for the purpose of
additional analysis and are not a required part of the general purpose financial statements of the City.
These financial statements and schedules are also the responsibilityof the management of the City. ;
• Such edd;tional information has been subjected to the auditing procedures applied in our audit of the t
general purpose financial statements and, In our opinion, Is fairly stated in all material respects when
j considered in relation to the general purpose financial statements taken as a whole. ;
,
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The statistical data on pages 123-150 are presented for the purpose of additional arulysls and Is not a
required pan of the general purpose financial statcmenls of the City. Such additional infxmation has not
been subjected to the auditing procedures applied in our audit of the general purpose financial statements 13
and, accordingly, we express no opinion on it.
In accordance with Oovemment Auditing Standards, we have also Issued our report dated January 9, !i
I"ll, on our consideration of the City's internal control over financial reporting and our testa of its {
compliance with certain provisions of laws, regulations, contracts, and grants. i
t -n...J.A. LOP
I I
January 9,199! 1
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CRY OF DENTON, TEXAS
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CITY OF DENTONr TEXAS
COMBINED BALANCE SHEET • ALL FUND TYPES AND ACCOUNT GROUPS ;
SEPTEMBER 30,19a?
t
t
Govemmentr Fund T1961
ANKT4 AND OTMdI Dom Gennr 6pedd Revenue Debt $"ce C40td ►roiectlt
cash one 6porto Moto 11 1 327,147 1 p2,160 1$33,327 4 1.003.440
Irn "Wens Owl 21 7,!67.117 717,435 31,71! 10,047,65! I , '
•F M1
ReeeiveDln lost of 4040 small far vnooleatlLlnl-
Tan 1,042.!15
r
Accounu
Unbiled ur6tV oarvke _ t I
Accrued Notate.! 48,033 11,011 too 108,350
OtMr 614.1611 143,617 1,043 76,010
411,041 49,281 852,450
Ow hem ot}rr Nrde Mote I I1
071,904 It'lad
Out fan Woof QQ""WM4ftw
Kachend'14 htvantary t
Frepow Hama (
Deleted bond issuance coon I
pt"t"dod waro ll t
Cnh and depeans Meu 21
Imaev"We Mate 2>
ActNed Irdtraet
AecouMa taealvW4 I '
Dw tram alha (undo 1
Advwwoo to ether Nnda I I .
II 1
F'04 mate pot, wMre applcow, 4
f
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Amount "dMe In Debt $#MCI Fun/
Irk
Amount to be provided ter etllf""M
of "1149
016,482,/47 I2.111♦•2!f 1724,00! 41l,tI0,t4 "
Total Ae«u ad 06w Debne - I ( k
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+ TM eecompartlant none to finendr ttm m "u as an Intgrr W of %Ne atatam -
CadgtahaMa4 Amur Ithero / Real
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Fd"ary Fund CM fmrandwn Orm
Account Grcu71
700 -
i Mo0rtgnry Fund Typ41
. ~ Trwl4nd Guunl Mod Clnnd Leap 6lptomMr 70, 601 30
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Assets T4nn Usmil" 1907 He
EMerpriu Int4m~ 6eMce A41ncY
S f 6,94!,55! 1 12,105,710
1 702,103 1 711,179 13,109,557 4 22,106,071 27,126,956
2,215,927 943,574
1,041,016 1,014,160 r
I 1. 15,006.775 6.076,911 '
67
6.005,132 6.775.310 0.663.508 ,r`
700.050 119,036 ~rv
2,063,983 1,400,071
'd. 1,126,26! 37,067
n 1,160.464 12,113,522
315,141 !11,337
pl,019 961,17!
• 2,904,734 2,701,351
722,419 2,011,it5 1,176 117,115
1,174
1,138,704 1.211.226
1,171,716 - '
6123,721 7,661,902
6,713,351 140,270
106, 177,7N 17,769,766
94970,114 9,631,117 345,297 767.012 ,
715,297 1,961,744 `
1,566.746 2,102,779
1 3,721,714 4,131,741 -
7,)11,114 , `
306,033.132 211,914,213 j
181,191,61% 7,171,716 111.604.121
604.710 604.760 411,407
,Sr ,1 ' a
30,211,610 30,176.5!0 29.077,310 ~ ~ ~
6112,404.221 /31,741,750 1401,246,411 046,194'"s
1702,307,312 120.671,171 41,107,166
i
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CITY OF DENTON, TEXAS
COMBINED BALANCE SHEET • ALL FUND TYPES AND ACCOUNT GROUPS ICOntim*41
SEPTEMBER 30, 1997
Garornnental F..: TvpH
LIAB/1TES, EIMUITY AND OTHER CREDct/ Genorst Bpear aewouo Dobt liarvice Gomel Pro*ts
LWaldoo: 1 1
11,535.111 1 796,753 { 11,977,1/0 l
Asceunts payable and accrued Fabilitlof
46 $2.242
Row" p4Yd"e 1 1
Accw,rdnad urodd comp4n6sto4 absences 1111
is pbto 41 )
►opW, from tastrictod aeoets `
Aawms pttYabto and *CC N04 expense, ~
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Aecruod irrtorost .
Rovenua ord 0"141 ebapotfon tondo
V"Alo, currant 1N01e 41 `
Aecrued Intox,n
Duo to otMt funds !Hots 111 1,032,072 S,f01 2.055 274,722 1
Odan Isbllitiu 21,84%
Advwen from ,the funds 43.174
D,tornd ravocuee 69.x!1 2ff.fN 211190
Lanes pays d■ (Nobs 4 and 5)
Gonval oN patlon Will payabre (Nora 41 .
comftata,. of Wigton (Nate 4) _
Rovanw ,end, paYeMs (net eT bord """U
Now 4) ,
Gums paywo (Mots al i
Nobs p"awtr (Holt 41
tat" deoun/pedalosun came INoto 131 1
• Teel Lefiatloo 12,70/,430 11,121,450 11220.145 11,111,120 111
II
11
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the accomparhAM notes to lromm at statonbMa eo M InbOrot part of tNs star errNrd.
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CITY OF DEMON. TEXAS
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Fduei4ry Fund T4W4 1
;
2 9wp1414ry Wnd Tp44 Ty"I Aooowu G"s pANrwr4ndwn W
mm..~
mmummomm~
Tmst end coMrr Food Goy/@lloop tpwr&I 30.
1V EM14*44 WNW s4f4ct A9rney Also" Tenn U"nu 1117 1190
a
~4 7,174,564 41,NS,, 71 $3,199,751 1 4 1 7/,7/1,611 1 10,160.146
k 61,149 60,149
f 3,746,207 4,671,153 4,421.469 f'
` 700,!11 21,145
g .
T 1,116,411 1,166,307 1,121.316
I
' 41 196,101 196,009 141,069
41,601 .
5
,,616,976 - 1,096,979 1,010,211
k
61018.661 6,901,922
6,01!•661
t . 1 21.411 21,411 HIS TI
394,272 146stl 1,960.404 11.099.301
1/.145 2./a
2,711,111 3,791,714 4,631,711
619.401 $47,109
26.170 21,270 „9,,64 I
430,s71 72AW 14,217.959 14,701,730 11.140,34/ '
7,337,004 1,046,025 3.269.111 12,001,2H 13116,504
71,510,001 78310,001 12,1901001
1,017,017 1,017.027 1,52!.411
21,141.203 $1,241,202 31.273,/69
+
•1M 1.424.310 1,424.320 2,900.511
1 • 3140,403,810 34,317,201 33,991.751 1 571,341,350 6109,003,428 1107.113,174
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CITY OF DENTON. TEXAS
COMBINED BALANCE SHEET • ALL FUND TYPES AND ACCOUNT GROUPS IConcludedl '
SEPTEMBER 30, 1997
GeVerMrreval Fund Typo
UAO>1 M. EQUITY AND OTHU Cfl"s Gnrora spews Aevenw oe0t torsi to Coptal Rrojecta '
Fund lphp' [
Cont-NAsel cepltsl - irNR where pplcatoo 1 i 1 1 1 1 .
of accumulated "prociatiora
knnetmsnt in lerwrel fired assets INOt• 31 J
peteinod sernhv -
i
Mtervd for bvel retirement Mote 41
r'
Reserved to eseltd ptojocu .f
Reserved for out raWacemeM
Reserved fa WOO Ietremom
Reeovd la 4am retirement 1.
Aos r d tar dunpster raPlatament 111111 r
Retervd for rhea steNlizaton
RNervd to ecrWno capital
Reeerv el fat emergency 1
Reserved fa Oster tower f '
W*rvd IV Inlrokucture It a iro f
Aeorwd to amcraencv I
Anerved for More claims
Rose road fa capital Ooretrucdon
Reserved for wtheri 144 a, ^04 Wes
VvgeMd
r
Funs lNenen
Aolerved lot dote seMce {.710
113,11{ 635.511 !8.602
Rosarvod to smcWr6ratxot
Rees road la tpkel Projects
UvuevN•
DesI"d fat ea4a4uenl 1{x.71{
veers' eyerdltures
4,131,f02 {8.170
i UndeMgratd ,
TW I*ft and Odr C.eite 7,774,437 1,077,171 W4.760 10,117,627
sir TotalUsoldse. [*AV 112,460.647 r
&A 0"tCeadta 110,422.617 12,Tff,71f - U1S,D06
• The see wos"MI nsess to AMrclal etstam/Ma na en kMSgr/ pen of tNs ststemsM.
29
Cairo ahem! AFMIII FMdfld/ ROW
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1 CITY OF DENTON. TEXAS
Fdudary Furl ToWa
9raoeufv Fund Tvp44 Tvp44 Account Grouoo 16,ternor4ndwn OW
Tnnt and 04n4W Fixed G4noral long 64pterribo 20. S4ptom6a 20, I
5117 1116
Lntorpd" Wo Few Some4 A44ncy Assets Tom UsKiies
'4 14,075.477 11,110,655 1 t 1 1 15,216,172 6 11,121,210
- 111,604,111 111,604,121 101,561.744
12,644,145 12,641.145 17,802.4 e7
` 15,245,647 140,270 11,441,012 17,446,230
6,41 8,140 5,418,240 6.121,012
650,575 - 159,176 466,975
267.100 287.100 2071100
76.000 76,000 75,000
66,3%om 55,260,200 45,032.000
' 2,109,000 2,208,000 2,152,000
5.7751000 5,771.000 5,324,000
76,000 760,000 60.000
1 2,000,000 1,000,000 1.110.000
` 700,000 740.000
1,104.787 4.104.761 2,110,611
1,050.000 - 1,050,000
RRR 12.000 13,000 11,000
64,191,472 5,242,470 62,147,942 62,349,404
604,760 682,161
• - - 2,041,256 1,159,725 ,
6,274,126 7,502,072
M~
I' • 144,744 144,744
7.444 7,444.222 7.621.025
I 117,196,512 16,321,972 7,444 111,604,021 721,147,012 211,120,109
0301.102,212 020,674.974 l1,3O7,g1 6118,804,421 131.141.250 1601,141.441 1491,164.66
compU+6r14Na ANvA flnandal Aspon
_ u.
32
K0
,
CRY OF DENTON• TEXAS j
COMBINED STATEMENT OF REVENUES,EEEXPENDITURES N C14 FUND IN FUND BALANCES • 1
ALL GOVERNMENTAL FUND TYPES 1 i
FOR THE FISCAL YEAR ENDED 59TEMBER 30 1997
Oprw,u,r+W FwW T"
r
Grwp1 BPS M4nyw DmIrt 6mrrt1 CghW Adpcv
11EVE/AJu* 11
ar 114,411324 f 610.141 31,197.0$1
T 1
Ue m wW 0amN4 171.617 l
FrwMri4 Fw 1.113.4$1
F-" wd IerliOVr 1,140,007
Fr Iw rrrfa, 1,3731020 731.323
010.010 17,601 411 146.301
Mmrl r4yw.rp f1
~ 601.661 3.612.020 07.214 J` ,I
' Mwlpvmrm,wOJ
CW*butww
M4oiww 412.360 374,107 15SJt7 Sl7,If7
Tt4W 11tu m 31.504,$10 IA$1.47t 1.641.714 1,040,643 . .
E%EpID11V11FJ:
C dOpum 1.771.607 1,741,101 . =
511.410
►uhlo +M 14,167.747
5031.015
PA" we"
Pwlo wW n "60 3,060.371 710.141 I'
Cyk1 wApY 193,414 {N.lf7 {,130,709
DAI
3,173,417
ir6kfp/ rRMrt+ti .
fdmrl ww feed *`0'ir 1.313.101 ~ f I
1rrtW EaMn/Nw4 37261.410 1,036,367 1100,073 {.130,200 i1
i
EXCESS OF WV EWES OVET KMDEN E4►ENO(T'JPE1 1746.7201 13m,021 1357,2511 {1,151.1611
OTNt71 FNMICNO lAVACt11U$111 ( 'r
4.700,000
Prrwit d Imp-I- 4bt '
fA o OpwwW V4 fd In 1.035.30} 737011 179.117 1.3/7,017 ,
S Owais trwalw4 Iwr0 0,303,1601 1424,4011 15121
f W Dim Fl w," 1pwr4 Nwd 1,722.042 1141.7741 1 T0,947 7.0 2.010
I ,
I~ E71CE61 OF IIEVE7NES AND OTwEII ►OUIICES {
i OVE11 tINDEl11XDENDflUAE1 AND OTHER U6E6 675.137 1511,7241 1177.4171 3,!73,413 ~y
"0 MIA CE • 0do w 1 4.600,001 1.667,14{ $17.161 7,106,314
n ~r / 7.771 bf 41,014,676 4 104,740 110.117.613
FUND 1A1M/C4 • amywmiw 30 1 `
y TM Oe.,ow ybV prr 114n.u1W 41410ntra I4 r YIt41r/ 01x1 d 9,'s •v1mw1. r r i!
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CfTY OF DENTON, TEXAS_-_
i
1
11 Teti f
Feue.v WTI 0789 wdwn OW
Two Y4 fn11d
I
E Tradd 6~ytrrL~ ]0, 1"i7. 6MR~ndw 70, 1194
I 1 024, 571,!40 I!2,613.240
11 48!,448 172,874
4.602,064 4,047,x11
1,401.012 1.674.050
1,101,014 1,148,307
1,181,973 1.17.6.971
` x,541,162 3.611.877
11,571 24.771 24,4x5
1AW1131 12x."7
21.131 41.641,510 40,414,013
S7,280 11.021,"" +1.610,201
i 16,x70,217 17,661,797
6.040,41 4.x10.341
S.417,177 x,3ll,fr2
7,107,074 L1a1,oN
3,132,411 3.6",405
11173,101 1,411.111
j
31,2" if,+eT,llt 48,456.213
i 16.1101 10.311,10x1 11.111, 4701 4
4.100,000 2.70S 000
I 6,135,095 1!/1.!91 ~
~ 11,730,1501 117x,4711 -
1 ! 4 }
1,004.615 3,011,114
U.U91 2,4020653 471 $44
10.!13 11,017,x" 11,511,000 ~ " '
woo
. 414.610,007 617.8717,x" ! !
Conp14h9nr191 Amw61 Mold16 !18901+ -
32x11
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1
CITY OF DENTON, TEXAS
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES • BUDGET AND ACTUAL
GENERAL, SPECIAL REVENUE RECREATION, POLICE CONFISCATION, AND EMILY FOWLER LIBRARY FUNDS, AND
DEBT SERVICE FUNDS {BUDGET BASISI iii III
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1997 k k
General Fund
Variance
Favorable 13
Budget Actual IUnfavoreblel
REVENUE{: Sk
Taxes 818,761,576 $19,497,320 1 735,744
417,610 521,642 104,032
Llretwe End permitf
Franchise fees 8,242,266 6,592,694 11,549,5721
Fines and Forfeitures 1,709,960 1,849,082 139,122 1
1,206,219 1,372.826 161,607
Fees lot services I
Imerest revenue 720,000 680,619 139,3611 {i
Intergoverrvnenld 630,952 661,854 149,0981 f
Miscellaneous 695,506 412,339 1183,1471
Total Revstwes 32,283,089 31,608,398 1774,6931
EXPENDITURES:
Current
• i
General Govemment 9,011,841 6,004,286 407,555
Pub!Vc safety 14,881,532 11,851,911 29,521 1
I
PLOIC works 5,132,693 4,895,139 237,754
Parks and recreation 3,025.663 2,979,336 45,347
Capital outlay 637,713 555,306 82,40E I
Debt service • (11 (11I r
Ptk¢ioal retirement 1 i
interest sod 1;sca1 charges 1 E
Tout Expenditures 32,889,652 31,886,977 603,665
EXCESS OF REVENUES OVER IVNDERI EXPENDTURES 1406,6731 {377,561} 26,892 (y
OTHER FIRMCNG SOURCES (US£SI
Operating transfers In 2,999,062 3,026,602 25,640
11,303,4501 11,303,4501 I
I ~ Operating Vanden lout)
Told OdarFkancin Sourer 1V$ III 1,696,552 1,722,052 23,640
{ EXCESS OF REVENUES AND OTHER SOURCES OVER 1,289,939 1,341,171 61,532
IUND£RI EXPENDITURES AND OTHER USES
FUND BALANCE- October 1 6,000,209 8,861,363 661,154
FIND BALANCE • September 30 1 7,290 48 ,203,6615,616
The &ccomp4riylrV notes to financial Statements are oil integral pan Of this Statement.
II
112 -
CornpreNerldve Annusl Fwndd Ryon
2 h x 10 32 X I O
1
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"{1111,0, 1
CITY OF DENTON. TEXAS
Special Revenue Recreation, Police Confiscation,
arW Emily Fowler Library Funds Debt Service Fund
Variance Variance
Favorable Favorable
Budget Actual Rlnfavorablel Budget Actual (Wavorable)-
$4,393,088 $4,393,088 t
698,431 671•466 126,9651 -
I 6,000 16,977 10,977 489 489
51,760 79,358 27.608 131,709 155,192 23,483
766,161 787,801 11,620 4,524.797 4,548,769 23,972
39,965 38,928 ,1037
26,400 26,400
605,778 606,892 11141
118,735 49,387 69,348
3,657,272 3,532,417 124.856
r 1,422,273 1,373,06 48,861
I
790,878 694,207 96,871 6,079,545 4,906,023 173,622
134,6971 73,694 108,291 1554,7461 (357,2641 197,494
I
I 15,704 15,704 179,847 179,847 -
e 4 143,3171 131.3171 12,000
11 143,3171 (15,6131 27,704 179,847 179,647 1
178,0141 57,981 135.995 1374,901) 1177,407) 197,494
126,0201 152,745 176,766 142 8,97 51 682,167 1,111,, 4 2
{ 4(104,0341 1210,7 26 1314.760 1 1803, 9761 1 604,760 11.308.638
i
13-
Comp ilhenslva Annual Ftnendal Report
i
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,
CITY OF DENTON, TEXAS
I
COMBINED STATEMENT OF REVENUES, EXPENSES AND CHANGES W RETAINED EARNINGS -
AtL pROPRIETARY FUND TYPES
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1997
1 ~ v
Proprietary fvnd Type
Erderorlse InternM 6vrka
OPERATfeO REVIIIVEO:
/I ENctrk eervke 1 72,046,616 1
1
Water service 4,700,311
Wastewater service 0.669,607
Y CAsrgee for goods end eervkes 7,666,768 7,094,637
6,674,760
Remk+ms
178,49! 1,W6
r; miscellaneous
Total Opervidne Awwwaa 104.363,696 11,811.013
OPMAT" esPvchaaed power : 10,946,067 ii
6,797,366
a Pust
Pvcness of water 77,227 `
6alorlsa and wages 15,906,079 691,261
1,6112,!76 3,013.711 I
Materials and supp6aa
Mnmanenca and rapike !,610,668 2!.640
Deprecktiun 7,167,107 1061009 f ~I
Inwwanta 4,104,704 1{ 11016
Admwetratwe asst 6.16,7,171 .
CksvelPoatcloeurs coat 116,764 t
Mieteurawa 6,332,417 663,271
Tow 0peooms Wwas 64,907.266 11.111,767
opera*9lnoorrw 19,476,629 1,+a1s1e 1
NI MOMAT00 REVENVEB IEXPENbf61: [
Interest rsvenus 6,710,266 664,iU
IMarest expense and 1lses1 cMrpea 16.726,9001 1100,1901 ,t
Other 1.613,260 31.,42.
real NerwpwatMN Mvarwee IEaPenaesl 1,624.666 643,740 'i
h
Ytoame later. Owe" Trertsfws 21,003,306 1,071,161
0001AhM6 TRAaI MB IN IOVTI: ,79,166 ;
Opwal6v u4nafera in `
Operating trenslere Ievtl I3,990,2891 1113,61<I
,i raw operating Transfers 11,916,2991 1106,3641 ;
Net Ineoms 17,007,016 1,961,600
Add; Dapnclstion of Pored Assets aeauMad whh C"WIKtad Copkd 1,166,921 376.096
Irwee in Retained Eerninps 14.673,939 2.1!4,701 +
t 134,661,046 13,476,31 i
RRAMED fARMNW • Oota6er 1
N63,434,034 SI6,Of1,D17 .
NETt10ifD UNIIMO4 • 4epteRl9ar 30 ~~s.sas®srr.er•+s~~ ~ .i
TM accompanylg note So fammial statements are an Intapal pan of this statement.
t s~ ~`r
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CooWtItwilve Annual FNandaf NOW ~
+ i
1 2x~❑
} 10 3
~ 17[
per. r
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CITY OF DENTON, TEXAS
IMvmaandum OnMI
Yo4r Ended
G"tembw 30. 1997 169tembw 30, 1090
1 72,046,516 / 00,633,100
14.700,321 16,326,690
1,669,607 0,997,605
` 14,601,295 13,417,997 r
` 5,574,760 4,599,471
160,169 129,609
1171064,906 111,006,625
Y r`
39,949,007 41,409,041 .
7 6,707,366 0,911,815
77,227 60,290
11,699,140 12,116.697
r 6,716,091 5.450,520
` 1,634,716 4,012,510
0,052,170 6.412,740
4,104,704 3,636,667
6,166.172 9,409,707
116,764 264,302
0,216,266 6,064,506
96, 619, 061 96,141,404
20165.656 16,141,031
5,360,002 61004,109
16,627.0961 (7.601,040)
t 1,649,700 176,560
7.409,412 11, 319,0911
13,071,267 14.641.113
a6,tee .
14,140,1161 1906, 6111
h
14,104,6461 f006,e141 ,
~ • 16,970,022 13,933,119 1
21241,019 2,104,035
I 21,211,641 16,031,064
i 147, 630,411 131,612, 357 r,
1161,642,062 /147,610,141
i
•36•
I CompreA1n6N0 Arrwef Fellnelll Retort
i
- 2 x Q 32XIO
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PTY OF DENTON, TEXAS
COMBINED STATEMENT OF CASH FLOWS • r
ALL PROPl1iETARY FUND TYPES l
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1697 f ,
Proprietary Fund Types {
EMatprlu Internet service
tech I ewe heir" Operatkq activities: t A
Cash received from customers 9110,547,624 9t6.116,619
Cash paid to employees for ii";ceo 167,062,3991 1702,401) II
Cash paid to suppbsn (14,246,9221 113,172,1601 ~
Nat ash provided ky operations 26,615.603 1,'#11,068. I 1 1
Cash fours hen wo"Ital hunt" aoWlWs: y
Contributions Is Fleet Repisosmem Fund 1299,061)
Opratkq transfers out to other funds 13,996,2891 1106,366) I
Principal psymsm on kq g term advances from other funds 11,050.0001 I
Payment rsnelvsd on long-term advance to other funds 1,050,000
Contributions to others -
Proceeds from ethers 246,96a 13,169
! Nn cash fused Far) naapral fkrmckp activities 14,049,4211 (74,997)
Cash flows from eapti and nletM fktancing attWhiee:
Proceeds+ecembd from contributed csplal 406,416
Princpat paymama on revenue bonds and Wificatts of otAtistion 151909,632) 1394,6461 f
- Interest end fiscal charges (5,927,913) 199.6411
Proceeds tram Issue of Feyenue bonds and candmirse of oblipstion r
Proceeds from li ew of haNs payebM I ! _
Principal peylhams on notes isayable 172,466!
1 n
Principal payments under capital lease obRpetion 136,096! 147,0841 F l
Aewishbn and construction of fix ad *soils 19,7b8,726! d,290,67q
I
Proceeds from eels of fired assets 213,067
Net cask fused for) espial end reletd f nvickp ecUvkAa 121.266,6061 12.645,5601 tF
r'
Cash %we from Invenkrg se0h4das: ;
Proceeds from sere end mawwRiea of investment ascvrhies 105,866,476 1,768.641
Pwchaas of investment securities 1114,111,2031 14,603,7621 r11
Interest received an Nvestmenu 8,666,016 410,717 ?
f* ~
' Net ash provided by Iuasd for) Investing aetivklee 12,630,6111 645,666
Not Inoreaae (decraaasl In cash and cash equivalents 11676,796 1137,2631 . ~ 7
r . Cash arv4 ale equivalents • Odor 9 4,3_09,2!) 916,762 1
f Cnh end ale atruhsNma • Bpambe. 60 9 6,966,M 9 461.409 t ( ~
IContinuad) `f
's J!i t,
The ect0mpanyky noise to linsrxpl statements are an Mtepal part of this eteremanl,
~ S i h r r L r t.
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Comprel "Y If Amu1f Flnisridel 19epoA
00
t4 *1 ft , I r ! i
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2.5 32X 10"
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_CnY OF DENTON, TEXAS _
,
I iMamdandum OrdY1 '
Year Ended - i
6aplambar 30, 1167 laptambw 30. 1116
` 1126,163,443 1103,661,270
f (67,764,6001 146.706,162)
127,422,0721 122,008,3101
30,660,171 26,141,114
s 1210,0001 1167,617)
14,104,6461 (601,1141
11,060,0001 11,060,0001 !
11060,000 1,060,000
+ (6,241)
i 271,126 166,366
` 14,124,411) (401,66b
406,406 261,163
111 (6,304,4601 16,010,4641
- 18.02 7.094) 17.003,2201 .
44,260,000
• 212,360
I 132.4661 IV °06,012)
163171) 1223,6341
112,041,3001 113,310,0361
t 2111,067 166.013 + . ,
123,607,4661 114,641,6621
114,664.017 17,311,200 , i '
1122,114,666) (103,123,7011 i
1,376,023 /,f 11,60/
(1,1/1.1261 110,010,0111
~ ~ ~ 1,136,642
1101.6041
61200,011 11207,621
{ / /.437,36! 1 1,!11,011 1
raw ! y, ~
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CITY OF DENTON, TEXAS
1 {
COMBINED STATEMENT OF CASH FLOWS
ALL PROPRIETARY FUND TYPES (COWL dedl {
FOR THE FISCAL )FAq ENDED SEPTEMBER 30, 1997 {
I
Enterprise Internal Service ! i
Reconol9stielon of Pr ,
ry Fund Oparathp fnooma to Not Cash
hovkad by Operating ng ng Activities
II
Operating income l 1 I
119,478, 639 $1,189,218
•
Adjustments: c
Oeprociation eepenu 7,187,187 1196s,OC3
Lou plain) on "Is of fixed asset 16,6881 638 (I l~
C101VelP011closure expense 118,764
Deuesse lIncressel In receivables 12,301,6171 16,177 l i
! Deuesse (Increase) in due from other furls 8,772,134 2,604,362
Decrease gncruse) in inventories 219,077 1322,457)
Owes" I ncressel in prepaid hems 1,936 179,747
Infuse (DeC,else) in accounts payable 3,989,119 I,1J1,495
Increase IDecressel In trues payable l
Infuse IDeueals) L• accumulated unpaid M
eompenaoted absences 32,837 it 1,1411 Y
Increase IDecruse) in due to other funds (7,973,8551 (3.603,6131
Inueese IDecresse) in claims payable 11,508,4651 11
Totalodjustments 10038,684 261,652
Not Cash provided by oparatYtg actlvhlas 129,618,603 1 1,441,068
&*Owrw+tsl Sd*&h of Nonash Capital And gamed F7nsndn8 Acdvh4s
Noncuh activity durktp the year consisted of contributed capital from cuntrsctofs and developers for tN Eneerprise Funds ■
and the Internet Service Funds In the amount of 11,326,802 and 1573,954, respectively. !I
The accomPanying notes 10 financial statements are In integral Part of tN1 statement, ( 1
CORWOMOVS Ant+ttd Finar4W Raii + t t~
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CITY OF OMON, TFYAS
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Totals r
i
i (Memorandum OrAyl
You ErdeE
September 30, 1997 September 30, 1998
l y
120,68s,B66 116,161,021
` r
9,052,176 8,412,740 f
16,0501 6,401
118,764 254.302
' 12,266,340) 639,197 y
11,276,496 19A66,4521
1. 1103,3801 619,237
1 181,583 1161,5831
6,120,514 1416,4141
112,3761
21,696 65,791
111,677,3681 10,162,624
11,501,466! 1771,6201
to,290,716 61911,747
$30 ,956,5> 1 42.726
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CITY OF DENTON, TEXAS
NOTES TO FINANCIAL STATEMENTS
FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 1997
I
(1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The City of Denton ("the City') was incorporated September 26, 1866. The City operates as
1 a Home Rule City, under a Council•Manager form of government and provides the following services
i as authorized by its Charter: public safety (police and fire), public works, parks and recreation,
electric, water and wastewa".er utilities, solid waste, and general administrative services.
{ The City is a municipal corporation governed by an elected mayor and six-member c uncil.
The City receives funding from state and federal government sources and must comply the
requirements of these funding source entities. However, the City is not included in any other
governmental 'reporting entity," as defined in pronouncements by the Governmental Accounting
l Standards Board 1"GASB'I Statement No. 14, "The Reporting Entity," since Council members are
elected by the public end have decision making authority, the authority to levy taxes, the power to
designate management, the abilitylo significantly influence operations, and primary accountability for
fiscal matters.
The accounting policies of the City conform to generally accepted accounting principles as
applicable to governments. The Governmental Aocounting Standards Board (GASB) Is the accepted
standard. setting body for establishing governmental accounting and financial reporting principles. The
following is a summary of the mote significant policies:
' A. Reporting Entity
The City is governed by an elected mayor and six-member ecc^cii. As required by generally
accepted accounting principles, these financial statements present the City (the primary government)
and its component units, which are entities for which the government is considered to be financially
accountable. Blended component units, although legally separate entities, are, In substance, part of
the City's operations and so data from these units are combined with data of the primary government.
A discretely presented component unit, on the other hand, is reported In a separate column In the
combined fintutcial statements to emphasize it is legally separate from the City.
A l
The City had no discretely presented component units at September 30, 1997. At
September 30, 1996, the Denton Economic Development Board was considered to be a blended
I component unit of the City. As funding for the Board felled to pass in a public election, the Board was
dissolved.
6. Fund Accounting
} The accounts of the City are maintained on the basis of funds or account groups, each of
1 0
which Is considered a separate accounting entity. The operations of each fund are summarized by •
providing a separate set of self balancing accounts which comprise its assets, liabilities, fund equity,
> I revenues, expensts and expenditures. The following funds and account groups are used by the City,
.21•
f
10 32XIC
{
,raaarnr '
O
Notes, City of Denton (Continued) l
September 30, 1997
1{~
Govemmental Fund Types P
' Gsnsrs/ fwtd• t ~ I a
The General Fund Is the principal fund of Oe City. All general tax revenues and other receipts
that are not allocated by law or contractual agreement to some other fund are accounted for in this
fund. From the fund are paid the general operating costs, the fixed charges and the capital
improvement costs that ere not paid through other funds.
1
I,
Speaw Asvaaw Funds-
The Special Revenue Funds are used to account for the proceeds of specific revenue sources i
(other than special assessments, expendable trusts, or major capital projects) that are legally restricted }
to expenditures for specified purposes. These funds Include the grants from the Department of
Housing and Urban Development (Community Development Block Grant) and from the Texas Criminal
Justice Division, Department of Education, the recreation fund and miscellaneous other revenues.
Debt Sewlcs Fund-
The Debt Service f and accounts for the payment of principal and interest on general tong-term
liabilities, paid primarily by taxes levied by the City, and for the payment of principal and Interest on
cspltal lessen In the governmental fund types.
Cephof "%ft Funds-
The Capital Projects Funds account for the acquisition of capital facilities being financed from
bond proceeds, contributed capital, or transfers from other funds, other than those recorded in the t
Enterprise Funds and the Internal Service Funds.
Proprietary Fund Types
Fntsrprfse FW)6-
The Enterprise Funds ere used to account for operations that are financed and operated In a
manner similar to private business enterprises where the intent of the governing body is that the costs
(expenses, Including depreciation) of providing goods or services to the general public on a continuing
basis be financed or recovered primarily through user charges. These funds Include the Electric, Water i
and Wastewater Utility Systems (Utility Systaml and the Solid Waste operations.
wolf"Al So^*@ Funds-
The Internal Service Funds account for the financing of materials and services provided by one
department of the City to other departments of the City on s cost-reimbursement basis. These funds I y r
include the Fleet Services Fund (vehicle maintenance), the Warehouse Fund, the Moto; Pool Fund, -P.u
the Risk Retention Fund,
2x
iC
a
I
o
1
Notes, City of Denton (Continued)
September 30, 1997
Fiduciary Fund Types
Taff and Agency Fronds-
Trust and Agency Funds are used to account for assets held by the City in a trustee capacity
or as an agent for individuals, private organizations, other governments, andlor other funds. These
include the Expendable Trust Fund and Agency Funds. The Expendable Trust Fund is accounted for
in essentially the same manner as Governmental Fund Types. The Expendable Trust Fund Is
comprised of several trust funds of varied purpose. Agency Funds are custodial fit nature )assets
equal liabilities) and do not involve measurement of results of operations. The Agency Funds Include
the Payroll Fund, the Deferred Compensation fund and other miscellaneous funds.
General Fixed Assets Account Group
4 The General Fixed Assets Account Group represents a summary of the fixed assets at the City,
other then assets of the Proprietary Funds. Capital outlays in funds other than Proprietary Fund Type
are recorded as expenditures of those funds at the time of purchase and subsequently recorded for
control purposes in the General Fixed Assets Account Group.
` Genera) Long•Torm Lfabhlitias Account Group
l The General Long-Term Liabilities Account Group represents a summary of the long-term
liabilities of the City paid principally by taxes levied by the City. This account group does not include
long-term debt accounted for in the Proprietary Fund Types.
C. Basis of Accounting
The ocuual basis-The Proprietary Fund Types are accounted for on a flow of economic
resources measurement focus. Accordingly, the accrual basis, whereby revenues and expenses are
Identified in the accounting period in which they are earned and Incurred and net Income is
determined, is utilized for these funds. The City applies all GASS pronouncements as well as the
financial Accounting Standards Board pronouncements issued on or before November 30, 1989,
1 unless these pronouncements conflict or contradict GAS9 pronouncements.
Afoddiad accrual bass -The Governmental Fund Types are accounted f or on a flo w of financial
resources measurement focus Accordingly, the modfied accrual basis is used for these funds and
the Agency Funds. Modificatkirs in the accrual basis for these funds include the following,
i
1. Revenues are recognized whon they become both measurable and available for use during the
year. Those revenues tre+ited as being susceptible to accrual include taxes, interest and
• Intergovernmental revenues. Property tax revenue is recognized independently of receivables
In the fiscal year for which ts,ies have been levied, provided they become available. Available
means then due, or past due and receivable during the current period, collected within the
current period or expected to be corrected soon enough thereafter to be used to pay gabilities
of the current period. Such time thereafter should not exceed 60 days. Revenue sources
from licenses, fines std forleitums, service charges and other miscellaneous revenues era
recognized its the cash is received.
• 2. Expendiwres are recognized when the related fund liability is incurred, except lot interest and • •
r I principal on general long term debt, which are recorded when due, and vacation and sick
i leave, which are recorded when payable from current available resources.
i
- 75 LJ 32 x1C
,
mamma
O
1 `
Notes, City of Denton (Continued)
September 30, 1997
3. Encumbrance accounting, under which purchase orders, contracts, and other commitments
for the expenditure of monies are recorded in order to reserve that portion of the applicable `
appropriation, Is employed as an extension of formal budgetary integration. Encumbrances `
outstanding at year-end are reported as reservations of fund balances since they do not
constitute expenditures or liabilities.
O. Budgets and Budgetary Accounting'
The City Council fotlows these procedures as prescribed by City Charter, in establishing the
budgets relieved In the financial statements:
1. At least sixty days prior to the beginning of each fiscal year, the City Manager submits to the i
City Council a proposed budget for the fiscal year beginning on the following October 1. The l k
operating budget Includes proposed expenditures and the means of financing them.
2. Public hearings are conducted prior to the adoption of the budget in order to obtain taxpayer j
comments.
3. The annual budget adopted by the City Council covers the General Fund, Special Revenue
Fund (Recreation Fund, Police Confiscation Fund, and Emily Fowler Library Fund only), the
Debt Service Fund, the Enterprise Funds, and Internal Service Funds (except for the Risk
Retention fund). The budget Is legally enacted by the City Council through passage of an 111
ordinance prior to the beginning of the fiscal year. The general purpose financial statements
reflect the legal level of control, which is at the appropriation level by function activity within
an Individual fund as approved by City Council
4. The City Charier provides that the City Manager has the authority to transfer any
unencumbered appropriation balances from one appropriation to another within a single
function (off", department or agency). City Council approval Is not required at this level. 1
The Charter also provides that within the last three months of the fiscal year the City Manager
must have City Council approval of any transfer of unencumbered appropriation balances or
amelndmentaewere not material In ea t on l to the original appropriations which were amended.
All budgets are adopted on a basis consistent with generally accepted accounting principles t `
except that for the Governmental Fund Types, Proprietery Fund Types, and the budgeted Special
Revenue funds encumbrances are treated as budgeted expenditures to the year of commitment to
purchase and for the Proprietary Fund Types depreciation expense Is not budgeted. An unexpended
appropriations at fiscal year end lapse to the appropriate fund balance except for those of the
multi-year gents ondlor projects, Encumbered appropriations are carried forward to the succeeding
A year. There were no supplemental sppropristions necessary during the year.
A reconciliation of revenues and expenditures on the budgetary basis to revenues and
expenditures on the modified accrual basis for Governmental Fund Types is as follows: i
.24.
i
25 32X
,
MONSOON
p
f
Notes, City of Denton (Continued)
September 30, 1997
f
General Special Revenue
Fund Funds
Revenues and Other Sources;
basis 134,633,898 { 783,605
Budgetary 781
Other Special Revenue Recreation Funds unbudgeted 41,784
All other Special Revenue Funds 4,111,263
Revenues and other uources on modified accrual basis _ 34,533,698 4,938,649
Expenditures and Other Uses:
basis 33189,427 766,932
Budgetary
Other Special Revenue Recreation Funds unbudgeled 1,671
4,707,172
All other Special Revenue Funds
Encumbrances Ine0 368,639
Expenditures and other uses an modified accrual basis 33,568,066 5,465,775
Revenues and other sources over lunderl expenditures and 975,832 11529,2281
other uses on modified accrual basis
E. Cash and Investments
For the purposes of the 'Statement of Cash Flows,' the City conskfers investments with
maturities of under 90 days at acquisition to be cash and cash equivalents.
Investments are carried at cost which approximates market value except for Investments In
the deferred compensation plan which are carried at market value, Interest eamed on investments
is recorded In the funds In which the investments are recorded.
F. UnbBled Receivables
The City accrues amounts for utility services provided in September, but not billed at
September 30, 1997.
I I
G. Inventories
4 Inventories are valued at the lower of cost or market. Cost Is determined using a moving
i . M average method. No inventories exist in the governmental fund types. `
N. Fixed Assets
I
fnwprtse aryl tnwrW SxvW Freres
Y IS Fixed assets are recordex at cost, including net Interest during the construction period.
Contributed property is recorded at fair market value at the date of contribution. Depreciation is • * `
recorded on each class of depreciable property utilizing the straight-line method over the estimated i
useful kves of the assets.
t
26 -
f ~
-
25 IJ 32X 10
ILI
a
%goa +a ;
o
Notes, City of Denton (Continued) September 30, 1997
Estimated useful lives ere as follows;
Useful Ufe
Fixed Asset (YarN
.j
ENTERMSE FUNDS-
Vacek System
General assets Structures s0
. Equipment 6 20
Distribution assets Structures so ,
Equipment 20 33
Transmission assets Equipment 20 33
Internal combustion assets Structures 60
. Equipment 13 20
Steam power assets Structures s0 [
Equipment 20 $5 11
Water and WesfeWlfN System 1
Structures 60
Water and wastewater means 20 33 I
Equipment 10 20
Furniture and fixtures 10
Water Storage Rights 40 100
saw waste }
Vehicles and equipment 10
1NTERNAt SERVICE FUNDS-
Vehicles and equipment 1 10 1! '
Renewals and betterments of property and equipment are capitalized, whereas normal repairs 111111
end maintenance are charged to expense as incurred.
Genera! Fixed Assets- {
i
• General fixed assets are recorded as expenditures In the Gereral, Special Revenue or Capital
Projects Funds when acquired. Such assets are capitalized at cost in the General Fixed Assets
Account Group. Significant gifts or contributions of assets are recorded In the General Fixed Assets I
Account Group at the feir market value at the date of acquisition. Public &miain (infrastructure)
general fixed assets consisting of streets, curbs, sidewalks, gutters and drainage systems, are
capitalized along with other general fixed assets. No depreciation is provided on general fixed assets.
. L Property Tax Revenue O
Property taxes attach as an enforceable lien on property as of January 1. Taxes ere levied on
October 1 and ate due and payable at that time. All unpaid taxes levied October 1 become delinquent a
February 1 of the following year,
. 2a • ~ ~ i
25)"~#❑ 32XIE
r
wage. ; ,
0
n f, i D
I Notes, City of Benton (Continued)
September 30, 1997 '
The City records revenue from current property taxes in the year in which bills are measurable
and available. An allowance is provided for delinquent taxes rot expected to be collected In the
f future.
I At September 30, 1997, the City had a tax margin of $1.97 per 0100 valuation based upon }
a maximum ad valorem tax of $2.50 per 1100 valuation imposed by Texas Constitutional taw.
Additional revenues up to $42,746,874 could be raised per year based on the currant year's assessed
value of $2,169,892,097 before the limit is reached.
J. Compensated Absences
The City allows employees to accumulate unused vacation up to forty days. Upon termination,
any accumulated vacation time will be paid to an employee. Generally, sick leave is not paid upon
` termination except for firemen and policemen. Firemen and policemen accumulate unused sick leave
up to a maximum of 90 days. An other employeer are paid only upon illness while in the employ of
the City.
As of September 30, 1997, the liability for accrued vacation leave and accrued sick leave Is
approximately $4,574,953. The amounts applicable to the Enterprise Funds 11760,8111 and Internal
I Service Wnds i/28,935) have been recorded in those funds, and the amount applicable to otherfunds
($3,785.2071 has been recorded in the General Long-Term Account Group. The amount expected to
g be paid from current available financial resources Is not significant.
G
K. Comparative Data '
Comparative totals for the prior year have been presented in the accompanying lavneral
purpose financial statements In order to provide an understanding of chtnges in the City's financial
position and operations. However, comparative data (presentation of prior-year amounts by fundtvpe)
in each of the statements h?vs not been included, since their inclusion would make the combined
statements unduly complex and difficult to read.
In certain cases, the amounts previously reported in 1996 have been reclassified in order to
conform to the 1997 presentation.
L. 'Memorandum Only' Total Columns i '
Total columns on the combined statements are captioned as 'memorandum only' to indicate
I that they are presented only to facilitate analysis. Date in these columns do not present financial
flows in conformity with generally accepted accounting
of cash
operations o ,
principle results of
principles. This presentation does not represent a consolidation. lnterlund eliminations have not been
This
t made In the aggregation of this data. f
1
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27 • 4 .1~
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~ { 1
01
i
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L
F
,
• N
1
a..
9..411
,
,
I`
Notes, City of Denton (Continued)
I
September 30, 1997
,
i`
~I
12) CASH MID INVESTMENTS
In order to facilitate effective cash management practices, the operating cash of all funds,
except for the deferred compensation fund, are pooled Into common accounts for the purpoeq of
Increasing Income through combined Investment activities. At year end, the carrying amount of thq
City's deposits was 112,873,280, and the bank balance was 11,970,691. Federal depository
Insurance cr the fair value of collateral held by the City's agent in the City's name exceed In total the
City's bank deposits at year-end, f
The Investments of the deferred compensation fund era held separately from those of other
City funds by an outside trustee appointed by the City.
Statutes authorize the City to invest in obligations of the U.S. Treasury, U.S. agencies, l
repurchase agreements, inves'ment pools, Investment grade rated securitles, and fully collateralized
certificates of deposit. 'he investments reported at September 30, 1997 were similar to those held I ~r
y daring the fiscal year.
c
i At September 317, 1097, the C•1y's Investments (U.S, Tree., ury and Agency Securities and
%
Municipal Securities) were insured or registered or the securities were held by the City or Its agent in
the City's name As of September 30, 1997, th9 City's Imnsim,ants were as follows:
Category i _Par _ Cost Market Value
U.S, Treasury Securities t 68,735,006 1 59.247,900 1 58,735,006 1 68,985,985
U.S, Agency Securities 68,345,460 68,97500 68,346,460 68,387,210
Municipal Securities 1,499,402 1,509,000 1,499,402 1,501,350
Total Securities 128,579,868 129,722,000 128,679,868 128,874,645
Deferred Compensation
Investments _ 3,510,973 3,610,973
Total 4128,579,668 1129,722,000 1132,090,641 $132,385,616
L,
II •
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1
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32 x
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s 1 .c i 1 i v !r 1 0
,
f Notes, City of Denton (Continued)
September 30, 1997
13) FIXED ASSETS
Oanerat Mad Assets. ~
I General fixed assets balances and transactions for the year ended September 30, 1997, are
` summarized below:
Oeterue eelanae c
October 1, Transfers! Transfers/ September 30,
1995 Additions Deductions 1997 ,
Land 1 5,276,689 a 176,438 1 a 6,454,127 ,
OuIldinps 18, 744,369 1,849,782 20,594,151
6treete 01,832,644 3,436,086 65,270,830
` Machinery and equipment end
other Improvements 12,602,798 6,016,326 1301,3911 17,256,735
I
Construction in progress 10,106,344 6,191,236 18,268,4021 10,029,178
Total $106,661,744 118,672,870 $J8,629,1931 1118,604,821
i
investment in General
Fixed Assets •
From bond issues 1 78,123,605 s 9,122,858 1!6,268,4031 a 78,978,060
From current revenue 11,551,572 8,177,679 1361,3901 19,387,741
! $9,675,171 17,300,437 18, 62 9,7931 98,345,821
From contributions 18,686,567 1,372,433 20,259,000
Total 1106,66$,144 $19,072670 1(8,829,793) 1110,604,021
)n 'YI'dy' Jr `~i•>a;P:Y,.r TJ. K ~ ,su` 1!:~t+t +32 X 1 [j
Mom
rr
1 r; a r' ~ r ~ el i t
IJ ` u i y i I<~~ ~ r
IF,
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, v
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•
Notes, City of Denton (Continuedl i t,
September 30, 1097
• ' 1 JI
General Fixed Assets by function and activity as of September 30, 1997 are summarized as
follows: Y l
MechAquip. and .
01Mr ~ `Total Land Sulklnea SVlfta hw avanwMa
I
God" 04VIR UN7:
Fria 6 1,674,761 13.4 1 6,517,314 1 11,7{1,747
Lpd 103464 31202 100,017 a , .
l WNepd cane 26,667 0,740 17,217
Hu~ Ilacoureaa 17,971 17,970 Il ,
E CMO/WEO 1.119,252 262 304 101.447 41,426
r Fu Sty M4na94maM 10,9031151 2,600,646 7,617,164 141,407
Library 4,029,050 911,97! 7,116,411
}
South alaneh Wary 1,617,173 1.22S, 601 771,072
FtanrOSCO 1'x,717 110,362
Inapececna 42,461 40,461
Wn Strom 3,140 7.146
Told dowel dawv ant 71,140,570 S. 27648#9 15,911,123 - /,17/,267 111 1
PU" WMM
Traffic Erg naadn/ 3,721,664 35,703 411.62! 7,247,372
EnainaHrq 141,170 140,170
Coda fnforcoment 14,650 14.650 '
1
Itraate 69,760S 1,000 59,763,156 91729
,
y'
1F
SVer $*6 6 00 01016 na►c 3,150.4,"1 2,700 7,330,900 71,313 I `
Alrpoe f,35o,402 173,473 05Q 110 1,261,16! 3,054,315
EndroMnanld Hadth SerVeal 7,000 1,000 I L . r ~'dF
ANmd tonVd 411,%53 314,002 74,760 `
Total Fu69a Wade 473,277.412 4 190,431 S 1,200,315 465.210,470 19,641,019 1
r r t'
~ ~ ~ ~ d I dy r, •ti'+
r 1
F
r
.30- F
rr`
r
, r
1, ~n i">y'rr~,~~y.~Yiti~'~ 1~1.d~'1t; C - ~f.~' ~tl, ~u :l•r'i,°,ly /A 101
r r 1 I i. Y L'Y
r' r h
~ r E 1 I 4 T ( ` s
I I y.. 1
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, V
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Not11, City of Denton IContinuedl
{ September 30, 1997
' I s '1
• r'
r ,
` Maoh.lt". and
Other
'total land eu3din6o 6v/ets kn ?ew"Ml • + 1
11 a
Icantlte,ed! 1 I,
Fnuae AbdMU"on 6 40,470 6 6 7,183 1 1 31,167 '
k
cultomu Samoa 130,695 123,106 ? i
[f
Purolodno 12,040 12,141 •
l . 4
Intomd AW4 13,713 11, 711 < '
eddpat 1,114 1,104
Treasury 30,677 30.177 fr`~~ ✓
Aeaoundny 61.014 i 60,004
40,411 (.8.411
lelpal Cewt 0840
Mun
Tae 12,276 - 12,176
AdMNotraOre lsmtaa 01,191 63,801 r r
lnlomutlan /erdaao 445,641 440,141
l , 'I
TOW Mena .08,616 7.111 601,403 '
PUAC SAM".
Fro Adm4daba0on 129,107 120,10.'
FR Opolawl 3,164,084 3,133,631 330,663 i ~
rite hewntlon 13,632 13.132 '~[ma,paneY MaQoal 161,712 161,712
Pasta 3,400,011 404,501 2,301,672
Tote PAPA safety 1,248,111 3,311,013 2,120,661 ' , + . •.y . ~ y
Censnut6on in Program 10,021,178 r' IY
J 1"~ X! tif::
TOTAL 1113,404,121 01,464,122 120,614,161 $60,270,130 117.161,735
1 F 1 I
1
4 I
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1
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a w4Y+'+1jnt'~ X r't`e 4 rrlla 6~L x i
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r
%
k +
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1 1 11 I I 141
t _ °jl li+ pit
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i{
Notes, City of Denton (Continued) I f
September 30, 1997
'I
Changes in general fixed assets by function and activity for the fiscal year ended
September 30, 1997 are summarized as followsi
i
0snerr Cead
Fixed Assets Tromfon7 Fixed Assets '
10M /to Additions Osducdons 6130167
' ~ Od1tfAA! OOVGWMfN1: !
1
parks 1 6,554,735 1 112111 6 02,6e21 1 1,474,761 1 •I
L46011 61,581 21,716 103,224
M Ardeod Court 10,111 10,436 20,661
'
I1 r
' Human Msaurca S2,106 11,1301 67,618 Ill 'r
/ CmomrO 1,026,721 61,323 11001 1A 11,252
It"111ty b4nopom t 10,228,261 463,711 10,682,166
LJhrery 3,651, 202 1 S 2,416 (741%081 4,021,050 i
South arenah LIlroN 700120 11297,053 - 1,667,573
Reftnimatc0 116,396 1,107 111,362
6npscowns 47,612 845 42,461
MinavN1 3,144 2,149
TOW oenersl osvemmsnl 21,166,200 2,412,439 1140,1601 21,140,574
TreM4 Erpinsstin6 3,117,616 104,046 31721,664 I i
Emomorin/ 176,557 $13 128.2001 148,030
Cods tnforooment 14,450 14,150 i
swats 66,310,105 3,407,880 51,762,615
Street Swseplngmrslnsgs 3,111,110 118,266 1149.6071 3.251,496
Airport 2.188.242 3.171.246 17,0311 5.350.602
lrtvU eatr Health Undcss 3,000 3.000 ' S
Antrnr Control 4T 1,662 411 ,613
III
Tor ►u61o Wade 118,512,732 81.810.046 61185,2161 673,271,422
Ilf
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J.. . _..,...-r.....~..a....~..,...~.....~.. . .,ruse.
I Notes, CRy of Denton (Continued)
I September 30, 1997
General 0enet6l j
Fixed Assets Troroh,si Flood Assets '
10n194 Additions Oeduttione If10g7
1coMlouedl
,
FNAACf.
Fuwnos Admirietntion 1 31,483 { 8,708 { 1 40A710
f
Cuetcmof Service 149,601 110,6111 121,905 J
FLrc7rdnp 12,141 $2,648
ff t
I Interns Audit 17,713 11,711 I'
6uddel 1,1164 1.804
II Treasury 40,177 16001 $9,677 4
Accoantinp 11,104 61,914 r
` Mumicipst Court Club 61,171 0,6001 41,411 r
1 Tex u,»s 12,276
Admiobtrsdve SeMcse 65,991 12.1001 93,196
Infomwdoo SoMm 413,263 36,374 449,041
Total linens 990,124 46,174 116,7131 901,616
i,
It;NGC JANTY: '
Fire Admldatratisn 119,117
716,1!7
Piro Opetstions 31 SS,140 7,465 0,1111 3,164,011.
Fro Prevention 17,512 13,931
1
tmerpenty Medical 151,712 161,712
Fong 1,663,663 1,136310 2,600,073 I
Toll hA6c safety 6,114,244 1,143,976 11,2211 6,24(,699
e r
Construction in heprase 10.106,744 8,101,236 11,211,4021 10,030,174
TOTAL {101,661,744 It $1.072,070 171,621•703) 1118,604,121
'1 I
I,
1 I
7 1~,» I
If ~.7 gar
1 r
r
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I
25.x 1 0 32X
MAR m%&~=14]LmqLiLmNALILmM
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ip
; I O it
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41 I
Notes, City of Denton (Continued)
September 30, 1997
I Y ~
l ~ J
Construction in progress is composed of the following: ff l
I!
►ro'est 'e♦ al, Ie
GIs asnr lapa lnrd 3ea.t99o) Cemmlrnd__
Cornputar System 6 1,264,304 6 1,235.163 6 41,341
Redo Is Timis 67,000 14,600 72,100
Pak constniction 705,000 300,611 4.111 1
City Had Nahan9on 1,006,231 1,74S,715 300,524 I
"a Istoy Radio 76.409 76,409 ~
►ubrut Safety Computer t yetem 1,314,543 1,221,750 17,793 i
Upgrade Existing Parts • Phase 1 300,000 112.062 17,936
phesAa►ek expansion 25,000 10,075 14,929 i~
CiV16 Center Pak Master Plan 40,000 21,745 51,2SS l
l HVAC Unit at Library 91,165 $5,446 37,131 .t
j NR3C"Parair 1,044 7,946 194
' South Liked Pak Centalhore 1,049.270 1.049,270
GlrWWIC~ofupgrade 1,339.347 1,157.121 193,211
Tinley Landuapang 71,111 71,114 7 !
/real Will lkli
tlm 314,576 15,937 211,631
1I
lodust 1,165,313 613,391 571,122 1
PM 2411 R;ght•ol•Wsy Acquisition 20,000 11,561 4.441 rr
Mayhdl Iridga 22,000 312 71,606
Meysv9 at Casper Croak Iridgs 20,000 2.696 17,204
wilowertol Loop Draledgo 41,410 12,142 37,411
bidewalka 750.000 34,13S 713,965 ~i
OPTICOM 76,751 75,711
Orbs and Parkway Turn 35.000 14.072 20,921
MingeAluddallMotengham 161000 12,664 2,406
Redo Curt MMUne to 0TC 13,644 253 13,791 r..
1759Mc Co nick list fie 9;9611 $6,700 24,625 30,676 /1 -
377 a Coaled Signal Corildar 10.000 612 17,311 ' 1{
McKinhoy It Maytia Traffic $ianal 34.500 7,149 27,351
U.O.377 at 1-35 lmpnovemaMe 25,300 943 24.357
Lmlo Maier sidewalk Connection 23,761 14,916 O.3SS
CMAQ•goals OdwTurn Lane 22,277 9,361 12.116 ~j
Orwri Seely • Penn Creek 41,990 40,990 1
LaUmora Asphalt Overlay 25,500 11,050 10,4s0
Ceroedda, Moaay. MISS, C0114F 111,000 101,694 16,306
wal Mart Right-ofWoy 21,199 16,490 6,391 1
300Ae9 Turn signal 20.000 see 19.414
LR6an M31alfoulhddgs Village 17,177 17,377 )
OMC bribing Let 56.940 37,071 21,761
Keeley medal CuNart 330,000 114,04S 15,035
Mae. Dreirev Cap. "rave • Phase 1 61,000 35,241 32,759 II ' ,
co6sos and Vine Dreirag• 20,000 13.110 6,112 I !
Traffic IiatW1 • Phase 1 191,000 107'"1 l1,1lg II
Leap 20$ Swats Right-of Wey 329.000 7.465 317.636
Nottingham IMngo to Audis) 260,000 32,506 227,494
Mien, Attest Construction 100,000 29,363 60,437 ' , .
Flo., Area Rep Mng and Concrete 200,000 '.19,650 71,150 a
r Good $amarilan Drainage 100,000 52,211 46,702 S
Jim ChniaW Smile 59,000 33,970 25.010 r
Andtlal Turn Lanes - Photo 1 111,000 14,017 96,163
Avenue0 200.000 5.177 104,123
Avenue G Modifications 2901000 4,140 215,140 ,
• Caaplr Branch Channel 25,000 1,702 23,211 I
tntrence Mark 50,000 4,027 45,077
1 HiRdew Drainage 15,000 12,215 2.707
Robe MOn Drive Oralnl94 406.711 200152 206,641 !
Scott 91(at Fighl-of-Way 27,000 1,044 21,119
9 herman tda walk 17,000 11,110 107
Etna School Cu1an 50,000 3SA61 1.142 Attest erd Irldge • Phase l 452,000 269 451,735
street "Pavement Fund ISS,923 $99,720 355,$13 1r •
Sidewalksliklwaya • Photo 1 142,000 4,127 137.073
South Paking Lot City Hal West 21,516 13.031 1,494 Perkins Spaces at Routh Sranch 11,101 17,401 700
Civic Gnla Bridge 100,000 1.576 10,424
Southoal Sldowarke 95000 46.141 @.%%I
Total 116/30621 11001!.1)9 16161.441
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t ( Notes, City of Denton 1Contlnued)
4 September 30, 1997
f I ~
fntel"o and Intamai SeMco funds-
Fixed assets of these funds are as follows:
September 30
f 1997 1998
I Utity System-
Land and land rights 4 1,928,498 4 1,856,227
Water storage rights 67,716,402 67,715,402
Electric plant and equipment 107,455"420 103,603,321
Water plant and equipment 48,805,378 46,723,364
Wastewater plant and equipment 55,494,168 52,728,722
282,496,864 272,628,038 1r
1 . Less • Allowance for depreciation 1112,109,142) (108,011 909)
170,387,722 166,610,127
Construction In progress 4,618,397 4,749,191
Totd feed assets • Utility System 1175,008,118 1171,358,318
Sold Waste'
Land and land rights f 8,602,834 4 6,596,378
Vehicles and equipment 2,194,661 1,846,331
8,797,495 6,244,709
Less • Allowance for depreciation (2,604,099) (2,438,931)
6,193,396 5,805,778 i
,
Construction In progress _ 137,058
;r
ToW fixed assets • Solid Waste 1 Q193,398 1 51942,838
Internal Service-
Land and land rights 4 183,806 i 183,806
1 Vehicles and other assets _ 18,725,412 17,534,732
I 18,909,218 17,718,538
Less • Allowance for deprecialif n (11,780.4221 Ii 1,550 877)
7,1281796 6,167,861
Total fixed assets • lnteoW Service 7,128,796 1 61167,661 :?(f t ' o ,
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Notes, Chy of Denton [Continued) l
September 30, 1997
f 1
141 LONO•TERM LIABILITIES r
Long-term liabilities transecllons for the year ended September $0, 1997, are summarized as
follows
6414nce at Retired Balance at
October 1, end September 30,
1996 Issued Transferred 1997
Oerwral long, rwm Lkbft s
General Obligation bonds 1 22,310,823 1 4,700,000 1 2,732,884 1 24,287,859
tE( CwUloates of Obligation 4,067,760 799,590 3,288,184 I +I t
t Obligations under aDlul leans 8,535 8,635
iii Accumulated unpaid componstlad
it absences 3,658,409 126,798 3,785,207
1 roWPenwalbnp-lemlabstiea 30,055,547 4,828,798 3,540,995 31,341,350
ArviAtory fund rypes
Utility System revenue bonds 89,270,000 5,379,999 63,890,004
Ganeral ObOgsow:
Gametal Obtigation Bonds 881655 15,755 72,900
Oaneral Obligation Bonds:
Ipledged by Solid Wom
fevonual 502,252 71,381 430,871
Certil'otes of Obligation 10,207,220 835,450 9,371,770 f i
Obtigationsunder apitallases 111,449 83,179 28,270
Accumulated unpaid cdmMnsaied
absences 768,050 21,696 789,746 i
NoUpayebta 31,273,659 32,456 31,241,203
rofalprop'Wary fund typos 132,221,265 21,696 6,418,220 125,821,781
f
' Total lonq•urmeabiltias 1162,278,832 1 4,646,491 1 9,959,216 $167,166,111 01
I }
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Notes, City of Denton (Continued)
1 September 30, 1997
I
t Genew landed Wit-
Generst bonded debt at September 30, 1997, Is comprised of the following:
Amount
Outstanding at
k Interest Rate Final Original Amount September 30,
Bonded Debt M Issue Dole Maturity of Issue 1997
General Obligation Refunding 7,70 to 9,00 1985 2004 $5,171,730 $1,436,730
General Obligation 6,40 to 9.40 1987 2001 1,226,000 350,000
General Obligation 8.50 to 010 lose 1996 1,075,000 200,000
General Obligation 9.00 to 9.50 1989 1999 1,265,000 390,000
General Obligation 5.55108.60 1992 2012 2,630,000 2,300,000
General Obligation 4.85 to 7,50 1993 2013 2,975,000 2,400,000 f+'
Gomel Obligation Refunding 3.00 to 5.40 1993 2009 13,315,000 9,000,000
Gonerel Obligation Refunding 5.75 to 8.50 1995 2015 11810,000 1,530,000
Gomel Obligation 3.40 to 7.40 1993 2018 2111151000 2,485,000
f Gomel Obfgstion 5.00 1; 7.00 1997 2017 4,700,000 4,700,000
Toth OenoW Obligot'ron Bonds 35,481,730 24,791,730
{ Cwtifiates of Obllgetion 6.00 to 9.00 1957 2007 150,000 25,000
1 Car"ificates of Obligation 8.60 to 9.60 1989 1999 11165,000 100,000
Certificates of Obligation 600109-00 1989 1999 11550,000 350,000
Certificates of Obligation 4.40 to 7.40 1992 2007 1,325,000 490,000
Certificates of Obligation 4.20 to 5.30 1993 2003 1,450,000 $00,000
Certificates of Obligation 4.40 to 7.40 1994 2014 21705,000 2,285,000
Certificates of Obligation 4.30 to 7.30 1994 2005 3,220,000 21080,000
Certificates of Obligation 6,25 to 6.25 1995 2016 2,000,000 1,945,000
Certificates of Obligation 50010700 1995 2018 5,190,000 4,884,954
Total Other General Bonded Debt 16,745,000 12,639,954
Total General Bonded Debt 155,228,730 $37,431,684
Proceeds of general bonded debt are restricted to the uses for which they were approved In
the bond elections. The City Charter expressly prohibits the use of bond proceeds to fund operating
expenses. The general obligations ere col+steralited by the full faith and credit of the City and,
primarily, payable from property taxes.
In prior years, the City defeased general obligation bonds by placing the proceeds of new
bonds In an Irrevocable trust to provide for eii future debt service payments on the old bonds.
Accordingly, the trust account assets and liabilities for the defeased bonds are not included in the
City's financial statements. On September 30, 1937, $6,325,000 of bonds considered defeased are
sill outstanding.
i 37
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Notes, Chy of Denton IContinuedl
September 30, 1997
I
Rewnw Bosch-
Revenue bond debt at September 30, 1997, ;a comprised of the following Issues: I '
I
Amount
Outstanding at 1 `
Interest Rate Finer Original Amount September 30, `
_ Revenue Bonds 14II Issue Date Mavirity of Inue 1997
Willy System 6.75 to 9.75 1988 2008 1 3,500,000 1 351
r Utility System 6.00 to 9.00 1989 2009 20,000,000 7,400,000
Utluty System 5.80 to 6.76 1992 2014 4,W,000 4,266,000
Willy system 5.00 to 7,50 1993 2013 0.576,000 6,800,000 I I~ /
Willy System Refunding 2.50 to 5.40 1993 2009 27,065,000 24,840,000 r
Utility System Refunding 3.55 to 6.76 1993 2007 6,045,000 3,290,000
Uurty System Refunding 6-10107.80 1996 2024 36,510,000 35,395,000
Utility system 510 to 7.40 1996 2016 2,750,000 2,750,000 I
4100,965,000 183,890,001 !
The City has the option to retire at par oil or a portion of the bonds prior to maturity on or after
December 1, 1993.
The revenue bonds are consteralixed by the revenue of the Uility System and the various
special funds established by the bond ordinance, The ordinance provides that the revenue of the
System is to be used first to pay, operating and maintenance expenses of the System and se,:nnd to '
establish and maintain the revenue bond funds. Any remaining revenues may then be used for any
lawful purpose. The ordinance also contains provisions which, among other items, restrict the I
Issuance of additional revenue bonds unless the special funds noted above contain the required [
arnounle and certain financial ratios are met. The City Is In compliance with an significant i
requirements. Below Is a summary of the various restricted asset accounts ti ired by the bond I
ordinance as of September 30, 1997:
Interest and Sinking Fund 810,098,340 "
Reserve Fund 4,891,862 ` %
Emergency Fund 250,000 i
Extension and Improvement Fund 4.4 300
M 119,822,502
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Notes, City of Denton IContinuedl
September 30, 1997
Assets In these accounts consists of cash awl U.S. government securities. Related liabilities
end retained earnings are as follows:
Payable from restricted assets-
Accrued interest 4 1,631,157
Revenue bonds payable, current 5,380,000
I Retained earnings reserved for bond retirement 12.8111,345
In sedition, the City has established a reserve fund to pay for General Obligation bonds pledged
by Solid Waste revenues of 1367,100.
to prior years, the City defeased revenue bonds by placing the proceeds of new bonds in an
j irrevocable trust to provide for all future debt service payments on the old bonds. Accordingly, the
trust account assets and liabilities for the defeased bonds are not included In the City's financial
statements, On September 30, 1997, 117,465,000 of bonds considered defeated are still
outstanding,
I
Nota parab*
In 1980 the City and the City of Dallas contracted with the Corp of Engineers for the
construction and development of Ray Roberts Reservoir in Denton County. +n contracts with the Corp
of Engineers, the City will pay for twenty-six (26%) per cent of the estimated water storage rights
of the reservoir. Water obtained from the Reservoir will be pro rata on the basis of each city's
proportional share of total construction cost. The closing of the dam was completed In 1987 with
water being available from the Reservoir in 1989. The City's estimated total cost of water storage
rights at September 30, 1997. was 167,465,338. Of this amount, the future use currently estimated
at 128,843,682 at September 30, 1997 Is financed b, he Corp of Engineers.
No principal or interest payment with respect to this storage for future water supply Is required
to be made during the first ten 001 years following the date the project Is operational for water supply
purposes unless all or a portion of such storage is used for purposes of withdrawal of water from or
transfer of water Into Ray Roberts Reservoir during this period, When any portion of the storage for
future water supply Is used, the amount of the project investnieni cost allocated thereto, plus Interest
applicable to such portion as provided, will be due and payable on the date of the first use of such
portion. The said amount due shall be paid within the life of the project and not to exceed fifty 1501
consecutive annual payments.
The City is also responsible for twenty six (26%) per cent of the cost of any major capital ;
replacement facilkies required. The City will also be required to pay the Corp 1wentysix 126%1 per
cent of the annual experienced operation and maintenance cosus for specific water supply facilities
n
at the Reservoir. `
Aggregate maturities of the long-term debt (principal and Interest) for the years subsequent
l to September 30, 1997, are as follows:
I 1 rY
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,
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Notes, City of Denton IConeinwdl
September 30, 1997 p`.
t.
Bands
General r
r4ow Year Obligations Revenue Notes Payable Capital Lessen Total
! r
1998 i 6,307,933 4 10,098,327 1 2,030,253 118,299 s 16,452,871 '
t 1999 6,691,416 8,962,028 2,008,308 15,499 15,577,261 E ,
2000 3,301,090 8,388,346 2,008,308 16,697,744
I 2001 4,930,?10 7,944,161 2,00B,308 14,882,829
2001 4,4W,944 7,669,013 2,008,308 14,107,265
f r
2003.2007 15,809,169 35,186,759 10,041,640 8110371461
-.t 2008.20'2 9,280,700 26,242,994 10,041,640 44,665,234 I ry
",r
2013.2017 5,293,681 15,827,491 10,041,640 31,162,693 1
2019.2022 12.34,100 10,04Lb40 22.605,640
2023.2041 71666,900 62,483,952 60,152,851
t
Total principal 6710241334 139,772,139 102,713,1597 31,798 299,641,866
end lntaest
Less applicable
1
Interest 119,592,6501 t55,862,11 381 171,472,3941 q,6211 1146,960,7101 li
Total prNcpat 1 37,431,654 163,490,001 4 31,241,203 121,170 4 162,691,156 l r +
Bond, AmOvI ad and UWsswd• h
General obligations bonds authorized but unissued so of September 30, 1997, amounted to I
922,657,000. When Issued, the proceeds will be allocated to the applicable Capital Projects funds.
15! LEASES I ,
f
Leases payable represent the remaining principal amounts payable under lease purchase t
agreements for the Acquisition of vehicles, copier equipment, computer hardware and other r1
equipment. These leases are recorded as capital losses. The vehicles, copier equipment and the
landfxl vehicles are recorded in the Proprietary Fund Types. Remaining requirements, including 1
1^ interest, under these testes are as follows:
'rI I • . 4:
1~ Wt
. 40 . !
1 I f
•x: 32X
•
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Notes, City of Oentoo IContinuedl
September 30, 1997
Proprietary
Year Fund Types
1998 i 16,299
1899 16,499
31,798
Less • Applicable Interest (3,528)
Net Present Value i 28,270
161 PENSION PLANS
Texas Munici l Retirement Plan:
I Plan Dosafptlon-
1 The city provides pension benefits for all of its full-ume employees (except firefighters) through
a nontraditional, ]oint contributory, defined contribution plan In the state-wide Texas Municipal
Retirement System ITMRS), one of over 688 administered by TMRS, on agent multiple employer public
employee retirement system. It is the opinion of the TMRS management that the plans in TMRS are
substantially defined contribution plans, but they have elected to provide additional voluntary
disclosure to help foster a better understanding of some of the nontraditional characteristics of the
plan.
Benefits depend upon the sum of the employee's contributions to the clan, with interest, and
the city-financed monetary credits, with Interest. At the date the plan began, the city grented
monetary credits for service rendered before the plan began of a theoretical amount 0041 to two
times what would have been contributed by the employee, with interest, prior to establishment of the
plan. Monetary credits for service since the plan began are a percent 1200%I of the employee's
accumulated contributions. In addition, the city can grant as often as annually another type of
monetary credit referred to as an updated service credit which is a theoretical amount which, when
added to the employee's accumulated contributicns and the monetary credits for service since the plan I
began, would be the total monetary credits and employee contributions accumulated with interest If
the current employee contribution rate and city matching percent had always been in existence end
If the employee's salary had always been the average of i salary In the last three years that are one
year before the effective date. At retirement, the benefit is calculated as if the sum of the employee's
accumulated contributions with Interest and the employer financed mon.atery credits with interest
were used to purchase an annuity.
M Members can retire at goes 60 and above with ten or more years of service or with 25 years
of service regardless of age. The plan also provides death and disability benefits. A member Is vested
after ten years, but he must leave his accumulated contributions in the plan. If a member withdraws
his own money, he is not entitled to the employer•linanced monetary credits, even If he was vested.
The plan provisions are adopted by the governing body of the city, within the options available in the
state statutes governing TMRS and within the actuarial constraints alsu in the statutes,
~ ConMbuflons• '
•
The contribution rote for the employees is 8%, end the dty matching percent is currently
200`x, both as adopted by the governing body of the city. Under the state law governing WAS, the
city contribution rate Is annually determined by the actuary. This rate consists of the normal cost
•41• -
32x10
o '
Notes, City of Denton (Continued) i
September 30, 1997
contribution rate and the prior service contribution rote, both of which are calculated to be a level
percent of payroll from year to year. The normal cost contribution rate finances the currently accruing
monetary credits due to the city matching percent. which are the obligation of the city as of an I
employee's retirement date, not at the time the employee's contributions are made. The normal cost
contribution rate is the actuarially determined percent of payroll necessary to satisfy the obligation of
the city to each employee at the time his retirement becomes effective. The prior service contribution
rate amonizes the unfunded actuarial liability over the remainder of the plan's 25-year amortization
period. When the city periodically adopts updated service credits and Increases in annuities In effect,
the Increased unfunded actuarial liability Is to be amortized over a new 25-year period. Currently, the Il
unfunded actuarial liability is being amortized over the 25-year period which began January, 1997.
The unit credit actuarial cost method is used for determining the city contribution rate. Contributions
are made monthly by both the employees and the city. Since the city needs to know Its contribution
rate in advance to budget for it, there is a on, year lag between the actuarial valuation that is tho
basis for the rate and the calendar year when the rate goes Into effect. l
The city's total payroll In fiscal year 1997 was 632,672,635 and the city's contributions were
based on a payroll of $26,432,824. Both the city and the covered employees made the required II
actuarially determined contributions, amounting to $4,238,305 (9.26% of covered payroll for the
months In 1998, 7,14% or $461,246 city-contributed normal cost plus employ so. contributed normal
cost of 4379,837 and 2,12% or $136,998 to amortize the unfunded actuarial liability, and 10.01 %
for the months in calendar year 1997, 7.60% or $1,558,269 city-contributed normal cost plus
employrA-contributed normal cost of $1,207,710 and 2.41 % or $494,245 to amortize the unfunded
actuarial liability). The city adopted changes in the plan since the previous actuarial valuation, which
had the effect of increasing the city's contribution rate for 1997 by 0.04% of payroll. There were
no related-party transactions.
fuadLrg Status and Progass-
Even though the substance of the city's plan is not to provide a defined benefit In some form,'
some additional voluntary disclosure is appropriate due to the nontraditional nature of the defined
contribution plan which had an initial unfunded pension benofit obligation due to the monetary credits I,
granted by the city for services rendered before the plan began and which can have additions to the
unfunded pension benefit obligation through the periodic adoption of increases In benefit credits and
benefits. Statement No. 5 of the Governmental Accounting Standards Board (GASB 5) defines
pension benefit obligation as a standardized disclosure measure of the actuarial present value of II I
pension benefits, adjusted for the effects of projected salary increases, estimated to be payable In the 11
future as a result of employee service to date. The measure is intended to help users assess the
funding status of public employee pension plans, assess progress made In accumulating sufficient
assets to pray beneliis when due, and make comparisons among public employee pension plans.
A The pension benefit obligation shown below is similar in nature to the standardized disclosure
measure required by GASS 5 for defined benefit plans except that there is no need to project salary
Increases since the benefit credits earned for service to date are not dependent upon future salarles.
The calcutatlbns were made as pan of the annual actuarial valuation as of December 31, 1996.
Because of the money-purchase nature of the plan, the interest rate assumption, currently 8.0% per
year, does not have as much impact on the results as it does for a defined benefit plan. Market value
of assets Is not determined for each city's plan, but the market value of assets for TMRS as a whole
was 102.7% of book value as of December 31, 1996.
a
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Notes, City of Demon IContlntlad)
September 30, 1997
' i
fr
1 Pen6w Benefit Obligation a
~E { Amuitents currently receiving benefits 1 3,714,146
Terminated employees 6.699.546 r `
j Current employees
i ,
I Aocumurated employee contObutlons
' including allocated Invested earnings 18,627,061
Employer-financed vested 25,977,259
Employer-financed nonveited 3,676,519
Si I Totsl 55,594,331
Net Assets Air Motile for It anenes, at Book vafua 42,912,363
Vnfunded Pension Ow*M Obligation 4121661,966
Y The book value of assets is amortized cost for bonds end original cost for short-term securities °
and stocks. The sctuarist assumptions used to compute the ectuarially determined city contribution .
rate are the time as those used to compute the pension benefit obligation. The numbers above reflect
F the adoption of changes In the plan since the previous actuarial valuation, which had the effect of
Increasing the pension benefit obrigation by 1188,888.
TtwW Mformetion
1 Ten Vex Historical Trend Information
k Year December 31, December 31, December 31, December 31, December 31,
_ Ended 1987 lose 1989 1990 1991
I Net Assets Available for
Benefits Vi 1,543,899 114,148,080 118,633,114 119,346,811 121,968,636
Pension Benefit Oblioatimi 413,665,302 118,639,047 119119,316 127,538,840 124,946,432
Percentage Funded 86.2% $6.0% 86.1% 85.6% 68.1%
Unfunded Pension Benefit
Obligation 1 2,021,813 1 2,492,987 1 2,686,204 1 3,191,329 12,974,796
Annust Covered Payroll 115,535,038 118,148,919 118.947,418 121,120,188 121,443,097
Unfunded Pension Benefit + r
Obligation as a Percentage ,
of Covered Payroll 12.2% 13,1% 14,2% 15.1% 13.9%
City Contribution to WAS 4 825,976 4 968,006 4 1,020,272 It 1,078,636 4 1,166,035 4
Average Of Rate 8.0% 6 3% 6.4% 5.1% 5.4% 0.
I t
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A
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I
Notes, City of Denton (Continued)
September 30, 1997
I
I~
Ten Yew Killo 1ca1 Trend Nlormation (continuedl
Year December 31, December 31, December 31, December 31, December 31, f
Ended 1992 1993 1994 1995 1996
Net Assets Available for 1 I i -
Benefits 023,071,409 $28,856,450 432,534,014 137,689,286 $42,912,363 11
Pension Benefit Obligation $28,911,481 137,299,424 142,764,413 $49,160,619 655,594,331
Percentage Funded 86.7% 77.4% 76.08% 76.67% 77.19%
Unfunded Pension Benelit
Obligation 4 3,640,072 $8,440,974 $10,230,399 $11,471,233 $12,681,968
Annual Covered Payroll 421,898,750 423,501,218 $23,820,706 426,353,340 126,432,824
Unfunded Pension benefit i
Obligation as a Percentage
of Covered Payroll 1716% 3591111, 42,9% 43,6% 411.0%
City Contribution to TMRS a 1,146,207 $1,611,637 $1,902,083 12,411,416 12,850,768
Average Cm/ Rate 6,296 6.9% 8.0% 912% 10,03% l
Fireman's RMell and Radroment Plan: L
The City provides pension benefits for all Civil Service employees of the Fire Department
through a defined contribution plan. The Board of Trustees of the Denton Fireman's Relief and
Retirement fund is the administrator for the pension plan. The Pension plan Is not considered a part
of the City of Denton entity, In a defined contribution plan, benefits depend solely on amounts
contributed to the plan plus Investment earnings, Fire employees are required to become a member l
as is condition of employment. An employee becomes fully vested after 20 Veers of credited service. I
City contributions for, and interest forfeited by, employees who leave employment before vesting are
redistributed to plan participants.
The City's total Fire Department portion of payroll in fiscal year 1997 was $4,759,088. The I !
City madethe required contribution 19.0% for 1996 and 19971 amounting to $428,317. The covered
employees made the required contribution 1110% for 1996 and 1997) amounting to $475,909. Both
xou ces contributed 1904,226 in total.
17) DEFERRED COMPENSATION PLAN I I
The City offers its employees adeferred compensation plan created In accordance with Intienal
Revenue Code Section 457, The plan, available to all permanent City employees, permits them to
defer, until future years, up to 2S% of annual gross earnings not to exceed $7,500. The deferred I1
compensation Is not available to employees until termination, retirement, death, or unforeseeable II
emergency.
All amounts of compensation deferred under the plan, all property and rights purchased with
those amounts, and elf Income attributable to those amounts, property, or rights are (until paid or
made available to the employee or other beneficiary) solely the property and rights of the City (without
being restricted to the provislons of benefits under the plan), subject only to the claims of the City's
general creditors. Participants' rights under the plan ere equal to those of general creditors of the City I i
r in an amount equal to the fair market value of the deferred account for each participant. Investments o
(primarily cash end cash equivalents) in the deferred compensation plan are recorded at market value.
2510 32x10
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Notes, City of Denton lContinued)
September 30, 1997
n I It is the opinion of the City's legal counsel that the City has no liability for losses under the '
plan but does have the duty of due care that would be required of an ordinary prudent investor. The
management of the City believes that it Is unlikely that It will use the assets to satisfy the claims of v
general creditors at this timer
(8) SELMSURANCE PLAN y `
The City has established a sell-insufance plan for workers' compensation benefits and g"fal
lability. Accrued claims payable Include provisions for claims rerurted and claims incurred but not
reported. The provisions for reported claims is determined by estimating the amount which will
ultknst* be paid each claimant. The provision for claims IncuFred but not yet reported is estimated
based on the City's experience.
The costs associated with the self-insurance plan are reported as intertund transactions.
Accordingly, they are treated as operating revenues of the !nternal Service Risk Mention Fund and
operating expenditures (expanses) of the other funds.
r
Worlont' Compensation and General Liability Insurance 1
' I It is the policy of the City of Denton not to purchase commercial Insurance for Workers'
Compensation claims. Commerclal liability insurance coverage is purchased for public officials, airport,
emergency medical services, and after•sclool action site programs at Denis and Martin Luther
L King, it, Recreatlon Centers. The City reports liabilities when it Is probable that a loss his occurred
end the amount of that loss can be reasonably estimated. Liabilities Include an amount for claims that
have been incurred but not reported. Because actual claims liabilities depend on such complex fscion
[ as inflation, changes In legal doctrines and damage awards, the process used In computing claims a
liability does not necessarily result In an exact amount.
Claims lia'Jitities ere reevaluated periodically to take into consideration settlement of claims,
new claims and tther factors. As of September 30, 1997, the estimated value of than liabilities was
11,005,927. Changes in balances of claims liabilities during fiscal year 1997 were as follows:
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Notes, City of Denton (Continued) f j I
September 30, 1997
h
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Claims Liability Claims and Claims Liability f[
Beginning of Change In Claims End of
Fiscal Year Estimates Payments Fiscal Year t
Workers'
Compensation !f
1997 4 294,392 It 380,689 1369,154 4 305,927
1996 344,583 268,559 318,750 294,392 1
General liability t
1997 42,220,000 40,232,2541 4287,746 4 700,000 ~I
1996 2,912,490 1281,5921 410,898 2,220,000 j
fmpio yea y
Insurance
1997 4 11,100 4 11,100
1996 11,100 11,100 L
on September 30, 1997, the City of Denton held 44,117,797 In the Risk Retention Fund for
payment of claims. There were no significant reductions in Insurance coverage from coverage in the prior
year and the amount of settlements did not exceed insurance coverage in the current year or in any of the
past three fiscal years.
(91 COMMITMENTS AND CONTINGENCIES
Agreement with TMPA• 1
In 1978, the City, along with the cities of Bryan, Greenville and Garland, Texas (the 'Cities't
enterod Into a Power Sales Contract with the Texas Municipal Power Agency (TMPA)• TMPA was i
created through concurrent ordinances of the Cities and is governed by a Board of Directors consisting i
of eight members, two appointed by the governing body of each city. Under the terms of the
agreement, TMPA agreed to construct or acquire electric generating plants to supply energy and I
power to the Cities for a period of not less then 35 years. The Cities in turn agreed to purchase all
future power and energy requirements in excess of the amounts generated by their systems from
TMPA at prices Intended to cover operating costs and retirement of debt, In the event that revenues
are insufficient to cover all costs and retire the outstanding debt, each of the Cities has guaranteed
1 a portion of the unpaid debt based, generally, upon Its pro rata share of the energy delivered to i
consumers in the prior operating year.
As of September 30, 1997, total TMPA debt outstanding was approximately 41,318,814,000
and the City's percentage is approximately 2116. In the opinion of management, the possibility of a i
material payment in the near future under this guarantee is remote in that TMPA is generating
operating profits and assets exceed liabilities.
I
TMPA operates a 452 megawatt lignite-fueled generatin, plant. In 1996, TMPA switched to O
an external source of lignite to reduce costs. Should TMPA be dissolved, each City would be entitled
to on undivided Interest In the property.
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Notes. City of Denton IContinuedl
September 30, 1997
I r, '
Selected financial statement Informsdon of TMPA Is as follows:
September 30. . ,
1997 1996
I (DOO's) (000's) a'
Operating Revenues 4 184,105 4 1891865
Operating Expenses 88,665 108,423
r I.
Operating Income (Loss) 75,440 83,232 i
Other Nonopersting Mae) 18019591 (82,4241 F
Current Assets 53,905 58,540
Total Assets 1,475,948 1,522,731
l long-Term Debt 1,318,814 1,301,205
Total L4blitle4 1,444,489 1,485,898
Total Equity 31,479 35,935 `
Aprwnrenf with 04 Clfy of Dahi-
1
■ Bring 1985, the City entered into an agreement with the City of Wiles which provides for
the purchase of a minimum of 500,000 gallonslday of untreated water from the City of Deets from
Lake Lewisville. This contract will be effective for 30 years.
Llffpatlon-
I
Various claims and iaw"s are pending against the City. In the opinion of City management
and legal counsel, the potential losses after inavrsnce coverage on all calms will not he" a material y,
affect on the City's financial position as of September 30, 1997.
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Notes, City of Denton IContnuadl (k
September 30, 1997 f I
(101 6EOMENT INFORMATION FOR ENTERPRISE FUNDS I +
r Segment information for the year ended September 30, 1997, was as follows. I
Utility System Solid Waste Fund Total
Operating Raverms 0 97,333,788 17,050,129 1104,383,895
r Depreciation 7,023,873 153,294 7,187,187
t Operatng income 17,839,938 1,838,701 19,478,639 ~l
Operatng Transfers In
Operating Transfers Out 3,937,209 59,080 3,996,289 I I
Net Income 13,684,095 3,322,921 17,007,016 '
e Current Capital Contributions: I I 1
g In aid of construction 1,732,289 1,732,289
4 Accounts Receivable: i
Accounts receivable, gross 14,000.998 14,000.998
Allowance for uncolieotibles 7,027,012 7,027,012 1 I
Accounts receivable, net, I
unrestricted 5,005,238 6,005,238
Accounts receivable, net, I~
restricted 1,989,748 1,988,746 ai
Property, Plant and Equipment
Additions 9,868,828 552,788 10,421,514
Total Assets 292,795,688 16,508,828 308,303,392
Net Working Capital 8,079,753 1,008,588 9,088,321
Bonds Payable 83,890,001 8,455,818 92,346,617 t .J
Notes Payable 31,219,934 21,259 31,241,203 `
Total Equity 183,817,889 4,281,623 181,899,512
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Not". City of Denton ICondnuedl
Saptat►tbw 30, 1997
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a 4111 INDIVIDUAL FUND DISCLOSURES
Wbidual fund disclosures as of and for the veer ended September 30, 1997, are as Io8ows:
4d&Nnd Reoalvabla and Papillae:
6
fnterfw0 werfund Advam:ea to Advancas from
Fwd Flecelvables Aayews Other Furda Other Funds
Oenwal Func 1 421,941 11,033,032 1 1
i
Speclal Reverie Funds:
CorrvnlrYtP Development Block Grant 890 ~
Maation ~
. Crtmtrrl Justice ,
Other 49,388 9,211 J~
i. oaDt Senlu :,066 1
r; Capital Pr*d Funds: 1
K; Alryart Imyov~t
General Roieets 276,000 131,978
sum "OWmeM . , .I
UMMIC M Rejects
? Other aphal Rolacts 677,450 144,744
EMerpd" Funds
IftiAty 87stem 318,603 331,3417 3,781,781 310001000
W4 waste 6,640 62,986 781,784
Imemal Service Fumdr
Warehouse 9,602 143,026 ;
Fleet Sankey 3.356
Mator PW 201,776
fYeY RetentWn
Trust and Apencp Funds:
ExpardsWe Tnpt
~ Apency • Payroll
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15,860,484 /1,860,<84 13,761,981 11,781,7!E4 t
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Notes, City of Denton (Continued) l I
September 30, 1997
(12) CONTRIBUTED CAPITAL
During fiscal year 199&1997, contributed capital changed by the foflowing amounts: I
t ,
[rt VP48 internal Service
funds Funds [11
I
Utility SYalan TOW MetOr P001
Beginning balance • October 1 141,209,112 11,012,196
f
Contributions from customers 405,487 673,664 I
Contributions from developers 1,326,802
Depreciation 11,865,924) 1376,0961 a
114,075,477 11,210,666 I ,
V'
111 The WoricinQ Capital Fund had no activity in contributed capful for the year ended
September 30, 1997,
(13) CLOSURE AND POSTCLOSURE CARE COST
State and federal laws and regulations require the City to piece a final cover on ha Mayhill
Road landfill site upon closure and to perform certain maintenance and monitoring functions at the site
for Wily years after closure. Although closure and pottclosure care costs will be paid only upon
anticipated closure, the City reports a portion of these costs as an operating expense In each period
based on landfill capacity used as of each balance shat data. The $1,424,220 reported as landfill
closure and postclosure care liability at September 30, 1997, represents the cumulative amount
Incurred to dote based on the use of 94,2% of the estimated capacity of the landfill. The City will
recognize the remaining estimated cost of closure and postclosure care of $87,196 as the remaining
estimated aecIla filled. These amount r ,
P H s a e based on what it would
tort to perform all
closure t . „
and stcbsura care In 1997.
t
po he City expects to use the remaining in th
capacity
the landfill In the
r
year 1998. Actual cost may fluctuate due to inflation, changes in technology, or changes In
regulations.
The Solid Waste fund has provided for a reserve of retained earnings of 6650,975 at IJ
September 30, 1997 and anticipates increasing the reserve In future periods as the closure end
postclostre activities are carried out,
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1 I APPENDIX
C
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& FORM OF BOND COUNSELS OPNON r'
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LAA OIIK [S
MCCALL, PARKHURST a HORTON L L P.
600 CONGRESS AVENUE 717 NORM HARWOOD 700 N ST MARL'S STREET
X250 ONE AMERICAN CENTER NINTH FLOOR 1225 ONE RIVERWALK PLACE
AUSTIN TEXAA 757013245 DALLAS. TEXAS 772016557 SAN ANTONIO, TEXAS 752053503
!+J.`td"C.S rrLt.-0"1 AA 1549200 II1r..C.r 60!!54800
r.u M,r S4.MOtl hCP. 19 r. I:. W: l 1-11-4" ho 175 nit.
CITY OF DEN'I ON
I Lr11LITY SYSTEM REVENUE REFUNDING BOND
SERIES I998A
DATED JULY 13, 1998
IN THE PRINCIPAL AMOUNT OF $36,793,000
AS BOND COUNSEL for the City' of Denton, in Denton County, Texas (the "Issuer"), wt have
examinxd into the legality and validity of the bond issue initially evidenced by the bond described above (the
"Initial Bond"), which Initial Bond originally has been issued and delivered u a single fully registered bond,
without interest coupons, with the principal amount thoroof payable in installnnonts due on DoLxmber I in each
of the years 2006 through 2029, and with the unpaid balance of each installment of principal, respoctivcly,
bearing interest from the dale of the Initial Bond to the schcdulod due date ("maturity"), or to the date of pre-
paymet,t or redemption, of each installment or principal, at the ratLs per annum for each maturity set forth in
' the Initial Bond with interest, calculalod on the basis of a 360-day )car composed of twelve 30-day months,
payable on December I, 1998, and scmiamoa,l)' on each June I and December I thereafter, and with the then
outstanding principal of the Initial Bond being subject to prepayment or redemption, as a whole, or In part,
I prior to schcdulcd maturity, at the nplion of the Issuer, on December I, 2008, or of any date whatsmet
thereafter, in accordance with the tenns and conditions stated on the face of the Initial Bond. The Initial Bond
may, at the request orthe registered owner, be transferred and converted into, and/or exchanged for, fully regis-
I terLd bonds, without interest coupons, in the denomination of $3,000 or any integral multiple of $3,000, and
such bonds again may be transferred and/or exchanged, all subject to the conditions slated and in the manna
prat ided ice the Ordinance authorizing the issuance of the Initial Bond (the "Bond Ordinance"), with any such
bond" which are registerod, authenticated, and delivered in accordance with the Bond Ordinance being herein-
aner called "[k6nilke Bonds".
WE HAVE EXAMINED the applicable and pertinent provisions of the Constitutionand lawsof the
State of Texas, and have examined and relied upon a transcript of certiflod prococi ings of the Issuer and other
pertinent instruments fumishLd by the Issucr relating to the authorization of the Initial Bond and Definitive
Bonds and the issuance and del ivcr) orthc initial Bond, including the executed Initial Bond and a printod speci•
ncn of the form for Urrrni1kc Bonds inilially made available by the Issuer for completion and exchange for
the Initial Bond, and we hate examined and relied upon the Issuer's Federal Tar Certificate, of even dale
hCNIAith,
BASLD ON SAID EXAMINATION, IT IS OUR OPINION that the Initial Bond and Definitive
Bondi hat c been duty' aulhorizod, and that 0S Initial Bond has been duly issued and delivered, all in accordannce 0
k. f a ith law, and that, except as may be limited by laws relating to bank rupt4y, roorganization, and other similar
lytf mart.rs affecting croditors' tights, the covenants and agreements in the Bond Ordinance constitute valid and
f binding obligations ofih:Issucr, and lhclniiialBondconslitutcsandDcfiniti%cBonds will constitute wlidand
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legally binding special obligations of the Issuer, soeurod by and payable, together with other bonds, from a first
lice on and pledge of the "Pledged Revenues", which include initially the "Net Revenues ofthe System" as such
terms are defined in the Bond Ordinance, with the System consisting of the City's entire combined waterworks,
C
sewer, and electric light and power system.
THE ISSUER has reserved the right, subject to the restrictions stated in the Bond Ordinance, to issue
additional parity revenue bonds which also may be secured by and made payable from a first licit on and pledge
of the Pledged Revenues,
THE ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance. to
amend the 3ond Ordinance with the approval of the holders or owners of fifty-one percent In princip 2 amount
of all outstanding bonds which are sceutod by and payable from a first lien on and pledge of the Pledged
Revenues
THE REGISTERED OWNERS of the Initial Bond and the Definitive Bonds shall newer have the right
to demand pa)i mnt of the principal thereof or interest thcrcon out of any funds raised or to be raisod by
taxation, or from any source whatsoever other than specified in the Bond Ordinance.
IN OUR OPINION, except as discussed below, the interest on the Initial Bond and the Definitive
Bonds (collectively, the "Bonds") is cxcluJible from the gross incorne of the owners for federal income tax
purposes under the statutes, regulations, published rulings, and court decisions existing on the date of this
opinion We are furtherer the opinion that the Bonds are not "private activity bonds" and that, accordingly,
interest on the Bonds will not be included as an individual or corporate alternative minimum tax preference item
under section 57(a)(5) of the Internal Revenue Code of 1956 (the "Cod-"). In expressing the aforementioned
opinions, we have relied on, and assume compliance by the Issuer with, certain repmscnlations and covenants t
regarding the use and investment of the proceeds of the Initial Bond, We call your attention to the fact that
failure by the Issuer to comply with such representations and covenants may cause the interest on the Bonds
to become includable in gross income MroactNcly to the date of issuance of the Bonds.
(E ,
WC CALL Y01 iR ATTENTION TO THE PACT that the interest on tae-cxenipl obligations, such
as the Initial Bond and Pic 1crinitive Bonds, is (a) included in a corporallon's alternative rronimum taxable I
income for purposes of determining the alternative minimum tax Impoved on corporations by section SS of the
Code, (b) subject to the branch profits tax imposed on foreign corporations by section 884 of the Code, and
(c) included in the passive invesunenl income of an 5 corporation and subject to the tax Imposed by section
1375 of the Code
EXCEPT AS STATED ABOVE, we express no opinion as to any federal, state, or local tax
. consequences of acquiring, carrying, owning or disposing of the Initial Bond and the DcfmitNI Bonds. i
WE HAVE ACTED AS BOND COUNSEL for the issuer for the solo purpose of rendering an opinion
w iih respect to the legality and validity of fte bonds described above under the Constitution and laws of the , k
State of Texas, and with respect to the ex v option of the interest on such bonds from federal income taxes, and
for no other rm4oo or purpose. We have ,a been roqucsted to investigate or v i:64, and have not investigated
or vcrifod, any records, data, or oNT naterial relating to the financial condition or capabilities of the Issuer,
and have rat assumed any responsibility with respect thereto, We have retied solely on certificates fumis..ed
by the 1.socr with respect to the adequacy of the "Pledged Revenues".
Respectfully, i
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Financial Advisory Services
Provided By
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INASTMENT BANAERS
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