HomeMy WebLinkAbout02-02-1999
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February 2, 1999
Agenda Packet
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AGENDA Agends tie
CITY OF DENTON CITY COUNCIL Date
February 2,1999
After determining that a quorum is present and convening in an open meet!ng, the City Council
will convene in a Closed Meeting of the City of Denton City Council on Tuesday, February 2,
1999 at 5:15 p.m. In b- "nyncil Work Session Room at City Hall, 215 E. McKinney, Denton,
Texas, at which the roll:. d items will be considered;
I. Closed Meeting:
A. Conference with Employees - Under TEX. GOVT, CODE See. 551,075. The
Council may receive informatir.n from employees during a staff conference or
briefing, but may not deliberate during the conference.
B. Deliberations regarding Real Property - Under TEX. GOV'T. CODE Sec.
551.072; and Consultation with Attorney -Linder TEX. GOVT. CODE fee,
$51,071
1, Discuss and give staff direction regarding the possible condemnation of
Missouri Pacific Railroad Right-of-Way to provide a street crossing for
Nottingt,am Drive.
ANY FINAL ACTION, DECISION, OR VOLE ON A MATTER DELIBERATED IN A
CLOSED h1EETiN0 OR ON INFORNIATION RECEIVED IN A CONFERENCE WITH
EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING TIiAT IS HELD IN
COMPLIANCE WITH TEX GOVT, CODE Cit. 551. THE CITY COUNCIL RESERVES
THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AU rIIORIZED BY TEX. GOV'T, CODE SEC. $31.001, ET SEQ. (TEXAS OPEN MEETINGS
ACT) ON ANY ITEM ON ]IS OPEN MEETING AGENDA OR TO RECONVENE IN A
CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING, ITEMS
NOrED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ,ACT, E
INCLUDING, WITHOUT LIMITATION, SECTIONS 351.071-551.085 OF THE OPEN
MEETINGS ACT,
Regular Meeting of the City of Ienton City Council o.~ Tuesday, February 2, 1999 at 6:00 p.m.
in the Council Chambers of City Hall, 215 E, McKinney Street, Denton, Texas at which the
lbllowing items will be considered:
1. Pledge of Allegiance
A U.S. Flag
C. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and Indivisible." 2. Consider approval of the minutes of November 3, November 9, and November 10, 1998.
PRESL.
3. Proclamations
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City of Denton City Council Agenda
February 2, 1999 t
Page 2
4. February Yard-of-the-Month Awards
5. Texas Recycles Awards
_CWZLN_f. I: PORTS
6, Receive a report from Dessie Got dson regarding perjury, responsibility, and the truth.
NOISE EXCEPTIONS
7. Consider a request for an exception to the noise ordinance from the Krum Rodeo Club of
the North Texas I Iigh School Rodeo Association for their annual rodeo to be held at the
North Texas State Fairgrounds on Friday and Saturday, February S'" and 6^' until 1:00
a.m, and on Sunday, February 7" rrom 2,00 p.m. to 6:00 p.m.
CONSENT AGEND
Fach 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 rveemmendations.
Ifi, City Council has recelved background information and has had an opportunity to rake
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. [ktailcd back-up information is attached to the ordinances
(Agenda Items 8.11). This listing is provided on the Consent Agenda to allow Council Members
to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled,
Consent Agenda items 8.11 below will be approved will, ouc motion. If items are pulled for
separate discussion, they will be considered as the first items under "Items for Individual
Consideration".
8. Consider adoption of an ordinance accepting competitive bids and awarding a public
corks contract for roadway bores under University at Llm and University at locust;
providing for the expenditure of funds therefor; and providing an effective date. (Bid
#2327 - Bores, University Drive at Flm and Locust in the amount of $77,605)
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9. Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for the purchase of emergency medical scnices (EMS) supplies; providing for
the expenditure of funds thercfot: and providing an effective date. (Bid 02311 - EMS
Supplies awarded as listed on Ordinance Exhibits A, 13, and C, estimated annual
expenditure is approximately $120,000) r,
10. Consider adoption of an ordinance accepting competitive bids and awarding an annual ( I
contract for the purchase of playground structures; providing for the expenditure of funds
therefor; and providing an effective date, (Did 02326 Park Pisyground Structures.
hlodlin Recreation Equipment, Inc. in the amount of $39,171)
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City of Denton City Council Agenda
rcbntary 2, 1999
Page 3
11. Consider adoption of an ordinance amending Ordinance No. 98.415 by correcting the
descriptive caption of the ordinance and Sections I and lit to cbnnge the reference to
Ordinance No. 96.014 to 94.183, as amended, regarding security for city council
meetings; providing a severability clause; providing a savings clause; providing for
penalty not to exceed 5500.00; and providing for an effective date,
PUBLIC FFFARINCS
12. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, amending Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton,
by revising Section 35-7 "Amendments' and Section 35-44 "Notice of public hearings",
providing for new standards for public notification procedures used to adv:rtise public
hearings required when the boundaries of zoning districts or the regulations established
related to zoning are amended, supplemented, or changed, or when zoning variances,
appeals, or special exceptions are made; requiring the use of certified mail to notify
property owners located within 200 feet from a property where a zoning change, variance,
appeal, or special exception Is requested; requiring the use of first class mail to notify
pror:rry owners located within 500 feet of a property inhere a zoning change, variance,
appeal, or special exception is requested; requirio; the posting of signs advertising public
hearing dates on properties where a zoning change, variance, appeal, or special exception
is requested; by adding Section 33.56 "Access to property/Remedy for Removal of
Sign"; providing the removal of a sign posted per this ordinance constitutes a violation of
lacy: repealing Ordinance 79.62; providing a penalty In the maximum amount of
$2.000.00 for violations thereof; providing a scvcrability clause; providing a savings
clause and providing for an effective date, (The planning k Zoning Commission
recommends approval 7-0.)
13. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, amending Chapter 34 "Subdivision and Land Development Regulations" of the
Code or Ordinances of the City of Denton. Section 34.36 "Annexation Procedures",
providing for new standards for public nolification procedures used to advertise public
hearings required when the boundaries of the city are changed due to annexation;
requiring the us^ of first class mail to notify properly t wncrs located within 500 rectors
property where an annexation petition is considered; requiring the posting of signs
advertising public hearing dates on prof :rtics where an annexation Is considered;
providing the rcmo%al of a sign posted per this ordinance constitutes a violation of law;
providing a penalty in the maximum amount of $500.00 for violations thereof; providing
a severability clause; providing a savings clause and providing for an effective date. (The
Planning & Zoning Commission recommends approval 74)
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ITF,MS FOR INDIVIDUAL CONSIDF:ILITION ' ' ►
14, Consider adoption of an ordinance granting a three-year exception to the Noise Ordinance
for the Denton Festival Foundation in connection with the operation of the Denton Arls do
)azl Festival held in Civic Center Park on the last Friday, Saturday, and Sunday in April.
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City of Denton City Council Agenda
February 2, 1999
Page 4
13. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute a professional services agreement with R.W. Beck, Inc., for
consulting services pertaining to the development of a new electric service rate design for
Denton Municipal Electric; authorizing the expenditure of finds therefor; and providing i
an effective date.
16. Consider adoption of an ordinance of the City of Denton, Texas, .mending and adopting
the schedule of fees as authorized by Chapter 34 and Chapter 33 of the Code of
Ordinances for the City of Denton, Texas, for filing applications for review, approval,
grant or issuance of plats, plans, licenses, certificates, variances or designations required
by the subdivision rules and regulations and zoning regulations of the Code of
Ordinances; providing for repeal of all ordinances in conflict herewith; providing a
severability clause; providing a savings clause; providing for publication; and providing
an effective date,
17. Consider adoption of an ordinance of the City of Denton, Texas creating four disabled
parking spaces, a disabled parking ramp area and six thirly minute parking spaces on the
cast side of Railroad Avenue next to Denton City Hall East; creating a bus loading zone
on the south side of Hickory Street; providing a savings clause, providing a severabilily
clause; providing a penalty not to exceed two hundred dollars; and declaring an effective
date.
18, Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on
the north side of Sun Valley Drive from the east curb of Stuart Road to the cast curb of
Yellowstone Place; providing a savings clause; providing a severability clause; providing ! i
a penalty not to exceed two hundred dollars: and declaring an effective dale.
19. Consider approval of it resolution approving the expenditure of previously budgeted and I
disbursed hotel Tax Funds by the D mon Chamber of Commerce Convention and
Visitors Bureau.
20, Consider adoption of an ordinance directing the issuance and publication of Notice of
Sale of City of Denton General Obligation Bonds; and providing for an effective date,
21. Consider adoption of an ordinance directing the publication of Notice of lntertion to
issue Certificates of Obligation of the City of Denton; and providing for an effective dale,
22, Miscellaneous matters from the City Manager.
23. New Business
This item provides a section for Council Members to suggest items for future ageDlas,
24. Possible continuation of Closed Meeting under Sections 3$t-071-331,083 of tht Taxes All
Open Meetings Act,
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City of Denton City Council Agenda
February 2, 1999
Page 3
25. Official Action on Close' Meeting items held under Section 531.071-531.085 of the
Texas Open Meetings Act.
CERTIFICATE
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 , 1999 at o'clock
(a,m.) (P.m.)
CITY SECRETARY
NOTE; TKE 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 }TEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (fDD) BY CALLING 1.800-
RELAY-TX SO THAT A SIGN LANGUAGE1NTEtPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
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Apende No j
CITY OF DENTON CITY COUNCIL MINUTES Agenda Item-
NOVEMBER 3, 1 hS oate_"? : 9
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, November 3,1998 at 5:15 p.m, in the Council Work
Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tent Beasley; Council Members Burroughs, Cochran, i
Durrance, Kri stoferson, and Young
ABSENT: None
I . The Council considered the following in Closed NEecting;
A. Conference with Employees - Under TEX. GOWT. CODE Sec. 551.073. The
Council received Information from employees during a staff conference or briefing,
but did not deliberate during the conference.
B. Consultation with AVomey-Under TEX, GOVT. CODE Sec, $51.071
1 • Considered and discussed settlement in litigation styled Eller Media
Company v. Sign Band of Appeals of the City of Menton and the City of
lemon, Texas, Case No. 9850138.367 filed in the 36r District Court,
Denton County,
C• Deliberations regarding Real Property - Under TLX. GOV'T. CODE Sec. SS 1.072
I • Considered and discussed acquiring right-of•way for Scott Street sidewalks
between Kerley Street and Morris Street In southeas'. Denton Including the
possibility of condemnation.
The Council convened Into a Regular Meeting on Tuesday, November 3, 1998 at 6:00 p.m. In the
Council Chambers of City Hall.
PH :SENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson,and Young.
ABSENT,- None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
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PRESENTATIONS/AWARDS Oil \
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2. Proclamations
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There were no proclamations presented at this meeting.
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November 3. 1998 w
Page 2
3. November Yard of the Month awards
Mayor Miller presented the following indi%Iduals November Yard•of•the•Month awards:
Brian and Pam Smithers
Tim and Michelle Rinkevich
Richard Thomas
Russ and Lori Ellis
Business • Longhorn Gallery
Downtown Business • Locust Street Hair Station
4. Fatcellence in Procurement Award
Mayor Miller Introduced Hill Martin who presentedthe award to the City's PurchasingDepaAment.
CITIZEN REPORTS
5. The Council received a report from Tom Silva regarding variances to impact fees.
Mr. Silva slated that he was representing Deerwood Park Church. Ile asked that the Council revisit
the impact fees imposed on residents and businesses in Demon. Ile had contacted other cities
regarding Impact fees and found that there were differences in other cities. Ilk suggested
grand fathering those projects in progress. Other cities did not have as high a rate as Denton had
imposed. Ile also suggested a prayer before starting the council meetings.
6. The Council received a report from Margaret Tillman regarding rezoning an area that is Ina 100-
year flood plain.
Ms. Tillman was not at the meeting.
♦ CONSENT AGENDA
Cochran motioned. Burroughs seconded to approve the Consent Agenda and the accompanying
ordinances and resolutions. On toll vote, Beasley "aye", Burroughs "aye", Cochran " aye", Durrance
"aye", Kristofcrson "ayc", Young "aye' and Mayor Miller "aye". Motion caMied unanimously.
7. NO. 99-356
AN ORDINANCE ACCEPrINO COMPETIIIVE RIDS AND AWARDING A CONTPACT FORIIIEPURCIIASEOFGALVANIZED STEEL TRANSMISSION AND
DISTRIBUTION LINE" STRUCTURES; PROVIDING F'OR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (HID #2275 -
(IAI,VANI7.ED S rEEL TKANSMISSION AND DISTRIBUTION LINE STRUCTURES
AWARDED TO VALMONT INDUSTRIES IN THE ASIOUNT OF $89,887.00)
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City of Donlon City Council Minutes
November 3, 1998
Page 3
8. NO. 98-357
AN ORDINANCE ACCEP'IINO COMPEIIIIVE BIDS AND AWARDING A
CONTRACT FOR III:: RENOVATION OF DIiNfON CENTRAL FIRE STATION;
PROVIDING FOR THE EXPENDITURE OF FUNDS I IILREFOR; AND PROVIDING
AN EFFECTIVE DATE, (BID 02280 - DIXION FIRE STATION RENOVATION
AWARDED TO MERITT CONSTRUCTION, INC. IN TIIE AMOUNT OF 5253,096.83)
9. NO. 98-358
AN ORDINANCE AU1'11OR1LING THE CITY MANAGER OR IIIS DESIGNEE T'U
EXECUI E TWO PURCHASE ORDERS WE111 TIIE IIOUSTON-UALVESTON AREA
COUNCIL OF GOVERNMENTS (11-CAC) FOR THE PURCHASE OF TWO FIRE
TRUCKS BY WAY OF AN INTERLOCAL AGREFAILN'T WITH THE CITY OF
DLNTON; AUTEIORIZENO '1'11E EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFEC'f1VE DATE, (PO 090105 TO II-CAC/EMERGENCY
VEHICLES OF 1 ERAS, INC, IN Till: AMOUNT OF $489,063.00 AND PO 090106 TO
11-GAClI:MEROE:NCY VEHICLES OF TEXAS, INC. IN'THE A610UNT OF $682,030.00
FOR A TOTAL AMOUNT OF S1,17I,093.00)
10. NO, 98.359
AN ORDINANCE* PROVIDING FOP THE EXPENDITURF, OF FUNDS FOR TIIE
PURCHASE OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE: SOURCE: IN ACCORDANCE WFT11IIIE PROVISIONSOF STATE LAW
E:XL'MPTINOSUCE1PURCHASES FROMRLQUIRL.%4, RLQUIRL.%4,XpsOF COMPETITIVE BIDS,
AND PROVIDING AN EFFECTIVE DATE;. (PO 090113 TO MOTOROLA
COMMUNIC'AITONS IN THE AMOUNT OF $33,680.00)
II, NO. 98-360
AN ORDINANCE PROVIDING FOR THE EXPENDITURF OF FUNDS FOR THE
PURCHASE OF SOFTWARE MAINTENANCE FOR ADVANTAGE FINANCIAL
SOFTWARE WI IIC11(S AVAILABLE FROM ONLY ONE SOURCE IN 1%CCORDANC'E
Wl I l l TIIE pROVISIONSOF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF C'OMPE:TITIVE BIDS; AND PROVIDING AN EFFECTIVE
DAIF. (PO 090119 TO AMERICAN MANAGEMENT SYSTEMS, INC, IN THE
AMOUNT OF 8108,901.50)
12. NO. 99-361
AN ORDINANCE AU'l11ORILING THE EXECUTION OF A C'IIANOE ORDER TO A
CONTRACT FOR FORECASTING AND LAND USE PLANNING SERVICES
l1E4W'EEN TIIE CITY OF DLN'1'ON AND RUSI' ENVIRONMENTAL AND
INFRASTRUCTURFAIELLMUTIL OBATA, KASSABAUM INC, AKA RUST/HOK
CONSULTANT TEAM PROVIDING FOR AN 1NCRPASE IN THE QUANI ITY OF
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City of Denton City Council Minutcs
November 3, 1996
Page 4
WORK PERFORMED AND AN INCREASE IN TIIE CONTRACT AMOUNT; AAD
PROVIDING AN EFFECTIVE DATE. (RFSP #2140 -PROF :..SIONAL SERVICES FOG.
LAND USE PLANNING AND FORECASTING AWARDED TO RUST
ENVIRONMENTAL AND INFRASTRUCTURE IN THE AMOUNT TO $224,642.00;
C'IIANGE ORDER #2 IN TIIE AMOUNT OF 537,846.49; NEW CONTRACT PRICE
$255,988.49)
13. NO, 98.362
AN ORDINANCE OF THE CITY COUNCIL OF IHE CITY OF DENTON, TEXAS
APPROVING TE IE SECOND AMENDMENT TO I I [AT AGREEMENT BETWEEN 1112,
CITY OF DENTON AND TI IF DENTON AFFORDA13LE HOUSING CORPORATION;
AUTIIORIZINGTI II: CITY MANAGFRTO EXEC'U 1'E THE SECOND AMENDMENT
AND TO EXPEND FUNDS WITH RESPECT TO THE SECOND AMENDMENT; AND
PROVIDING FOR AN EFFEC"11VE DATE,
14. NO. 98-363
AN ORDINANCE AU111ORIZ.IN0 1111? CITY MANAGER TO EXECUTE A
CONTRACT WiTI I THE'; DEiNTON FAMI%Y RLSOURCE C'I:NTER. INC. TO PROVIDE I
CI IILD ABUSE PREVENTION SERVICES IN ACC'ORDANC'E WITH A GRANT AND
CON"TRACT w7"TII 'IHE CIt1LDRI;N'S TRUST f UNII OF 1'FXAS; AUTIIORIZING
THE EXPENDITURES OF FUNDS THE:REI'OR; AND PROVIDING AN EFFECTIVE
DATE.
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15. NO. 98-364
AN ORDINANCE AUTHORIZING 1'IIE PITY MANAGER TO EXECUTE A
PROHESSIONALSERVICES AGREEMENT w'I III TURNER COLLIE AND BRADEN,
INC. IN TIIE AMOUNT OF 5260,940.00 E'OR DESIGN OF INFLOW/INFILTRATION
CORRECTIONS IN WESTERN PECAN CREEK AND COOPER CREEK.
16. NO, R98.060
A RFSOLUIION APPOIN HNG MIKE JEZ. TO THL BOARD OF DIRECTORSOF THE
DEN ION RETIREMENT AND NURSING C'EN1LR FINANCE: AUTHORITY; AND
DECLARING AN EFFECTIVE DATE:,
17. NO. R98-061 i
ARESOLU73ONAPPOINIINOMIKEJE1 iOTHEBOA!~')Ol'DIRECTORSOFTHE
DENTON IILAL111 FAC1IAIIES DEVELOPMENT CORPORATION; AND
DECLARING AN EFFECTIVE DATE,
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City of Denton City Council Minutes
November 3, 1998
Page 3
18. NO, R98.062
A RESOLUTION APPOINTING MIKE: JEZ AS A MEMBER OF WE BOARD OF
DIR177CTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND
PROVIDING FOR AN EFFECTIVE DATE,
19. NO. 98-36c
AN ORDINANCE AUTI IORIZING T'111: MAYOR TO ENTER INTO AN INI ERLOCAL
COOPERATION AGREEMENT w1T11 DEN TON COUNTY FOR L13RARY SERVICES;
AND PROVIDING AN EFFECTIVE DATE.
PUBLIC HEARINGS
20. The Count! l held a public hearing aril considered a request to rezone a 401.17-.acre tract from
planned development zoning district (PD-139) to Commercial (C).One-Family Dwelling (SP-7) and
Multi-Family Dwelting (MF-1) roniog districts. PD-139 currently allowed development as a
Business Village, including commercial and single. and multi-family residential land uses. The
property was located in southwest Denton, cast of Interstate 33W at the F.M. 2449 (Ponder Road)
interchange (The Pla.,:, e and Zoning Commission recommended approval 3-0 with three
conditions.) (b98.045)
Dave Hill, Directir of Planning and Ikvelopmert, stated that the Vintage was currently zoned as
PD-139, a business village. The property was 401.17 acres with a request to rezone from a planned i
development to commercial, single family 7 homes and multifamily I zoning districts. The 20%o
rule did not apply to this case. Leueri had been recrteed from residents in the Argyle School District
but those did not apply to the Nr/o rule. This proposal was considered a dowruoning in terms of the
residential zoning. The conditions proposed by the Planning and Zoning Commission Included a
minimum of I311o of the land area would be dedicated as open space or park area with 23% being
exclusive of flood plain; 100 feet of right-of-way would be dedicated for the proposed extension of
FM 2449; and the standard lighting provision that Indicated that lighting would not shine on or
disturb neighbors. Water and sewer lines did not connect to the City lines and the developer would
be responsible for making those connections.
Mayor Pro Tern Beasley questioned density cap of the units per acre.
Hill stated that tlic original concept plan had a maxlmom of 20 units per acre, Under MF•1 as
proposed, the maximum density would be between 30.35 units per acre. Council could specify a cap
if desired and If not, the provisions of the MF-I zoning requirements would take effect. z
Council Member Kristoferson ked if the business village restrictionsfrom 1991 still applied to the
proposal
Hill replied yes plus is detailed plan review would have to be done In the future.
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November 3, 1996
Page 6
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Council Member Kr►stoferson questioned if the proposal were approved, would the density be set
or could it c►ianged later, `
1 fill stated that the planned development would no longer be in effect for this portion of the property.
Council Member Cochran stated that the original plLn indicated that there wcs no way to estim.ae
the cost to the community for the improvements in the area. I le was concerned about Bonnie Brae
and what the applicant would be required to do on that street,
Bill stated that the test used during plat review and subdivision review was one of rough
proportionality. Improvements would be required in proportion to the direct impact.
Council Member Burroughs questioned if the business village could be all multi-family or SF-6.
11111 replied that it was either/or and could be entirety residential.
The Mayor opened the public hearing.
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Charles Jowcll, co-owner of the property, reviewed the boundaries of the property. lie indicated th.t
they would be willing to cap the number of units per acre. The property abutted existing commercial
property. Approximately 60 acres of the proposal would be a park.
Council Member Young asked if the developer had spoken with the Argyle ISU. r
Jowcll indicated that they had spoken to and would work with the Argyle ISU, lie indicated that it
might be possible to dedicate some of the property to the Argyle ISI).
Council hlcmbcr Young asked who would do the improvements on Bonnie Brae.
Jowcll indicated that they would be required to do some of the improvements arJ would like the
City to help with other improvements.
Mayor pro l1em Beasley asked about the details regarding discussions with the Argyle ISU.
Jowcll indicated that currently they had a planned development but a concept plan had not been
completed, After final plans had been detcrminod, they would discuss further with the Argyle 1SD.
Argyle 1 S D i nd icuted that pan of the school could bC in the Wad plain and that they would need I s-
20 acres. When they went to plat the property, they would leave out a school site and work with the
District. the project arould be phased and would take some time to complete. ire
The following individuals spoke during the public hearing:
Tom McMurray. 2905 Howard Court, Iknton. 76201 • opposition
Doug Robison, 120 N. Austin, Denton, 76201 • opposition
Richard Tucker, 406 Country Club Road, Argyle, 7t>226 • opposition
Kevin (frown, 616 Valley View, Argyle. 76226 • opposition
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Jim Wallace, 1662 W. Jeter Road, Bartonville, 76226 - opposition
Will Minderman, 714 Skyline, Argyle, 76226-opposition
Quentin Bumctt, 800 Engle Dr., Argyle, 76226 - opposition
Sue Moser, 800 Skyline Drive, Argyle, 76226 - opposition
Kevin Wade, 679 South Bonnie, Brae, Denton, 76201 - opposition
Valerie, Tucker, 406 Country Club Road, Argyle, 76226 opposition
Mayor Miller indicated that he had received a speaker card from Chris Bancroft, 1621 N. Elm.
lknton, 76201 who was in opposition but did not wish to address the Council.
The petitioner was allowed a five minute rebuttal. Mt. Jowcli indicated that he would work with the
Argyle school district for a school site, Ile felt this development would greatly increase the district's '
tax base.
1 he Mayor closed the public hearing.
Council Member Kristoferson asked if any of the +mpru\ nu: rats in this area were in the City's C1P.
Hill replied that there were none at this time.
Rick Svchla, Deputy City Manar, stated that it had not beeu specified at this time and the type of
zoning would dictate what Impro%cments would need V l`e made. A transportation plan would be
reviewed next week.
ttiayor Pro Tem Heasley stated that she had several coneems w'th this development. First was the
traffic analysis and plans for improvements In the area, There were no roads coming off the
interchange and Bonnie Brae and there seemed to lie no thought into how the intersection would
develop. A second concern kkas the Increase of multi-family zoning to 30 units per acre. Third was
the lackofneighbkrhoodmeetingsanddiscussionswiththeArgyleSchoolDistrict. Thefourthwas
the straight zoning versus the planned development. C'ovncil would lose control over the
development in the area and Infrastructure, Fifth was the development along the I.35W corridor.
Most of this proNrty was undeveloped and she wanted to haves good development in that area. She
was concerned about what was placed along the corridors.
Beasley motioned, Cothran seconded to deny the zoning request.
Council Member Cochran stated that the arguments regarding the Argyle school district did not play
a large pan in his decision making process regarding this proposal. The Issue was of giving up
control at this point. Ile had questions about traffic and exactly what was going to happen in the
area. I It felt that the developers had good plans in mind, but Council needed more Information and
review before he could support the proposal, especially concerning traffic with only one road to take
care of it,
Council Mcmbcr Burroughs questioned how much control the Council had over the existing PD. Ile
knew that the detailed plan had to come before Council with either all SF-6 or commercial but he
questioned if Council could reject the plan,
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November 3, 1998 s
Page 8
Herb Prouty, City Attorney, stated that Council could always reject the plan. The Council had the
ability to place conditions on the property, indicate amount of setbacks, indicate where the structure
would go. The basic uses could not be changed, but the Council could determine how the proposal
would look and how it was configured with its approval.
Bill stated that the concept plan normally was the place where the requirements for zoning were
placed. The detailed plan looked at the building layout, roads, aesthetics, building materials,
landscaping requirements, lighting requirements, etc. Once the concept plan was approved with a
certain type of zr,ning, the Council could not regulate how much use of each type of zoning was in
the detailed plan. The older planned development concept plans had a variety of land uses and no
limitations in the ordinance on any one-land use. In this case, the Council could not prevent having
all SF-6 or multifamily zoning.
City Attorney Prouty stated that the vested rights statute had been repealed and quite possibly would
be re-cnacted. There was now a gray area in this regard and Council had more control than what
they used to have. In the past, when the concept plan was In place with set mix uses, the Council
left that alone and looked only at amenities to offset concerns. With the vested rights act repealed,
Council had some ability to go beyond what had traditional lybeen done until the developer actually
received a building permit and could affect the development.
Council Member Burroughs stated that if the Council rejected the zoning request, the developers
could exercise the detailed plan that was not consistent with Council's wishes.
City Attomey Prouty stated that Council would lose that power to control. I It was fairly certain that I
the vested rights statute would be re-enacted and would be stronger. There was a window of
opportunity only until Sept. 1. There was a problem of consistency and what had been done in the
past. 'this is a policy decision of what had been done in the past.
Council Member Burroughs stated that Council had received a fairly clear indication that
neighborhood integrity was what the residents of Argyle wanted. The commercial portion of the
proposal was great for the stability of the Argyle ISI) but the prospect of having as many as 1,000
students caused a concern. I It felt that more could be done to address the concerns. He charged the
developer to work within the community and reduce the fear factor.
Young motioned, Burroughs seconded to postpone consideration to allow the devclopcr,the school
district, and the community to meet to oddressthe concerns. On roll vote, Beasley "nay", Burroughs
'eye", Cochran "nay Uurrance "nay", Kristofcrson"nay", Young "aye", and Mayor Miller"aye",
Motion failed with a 3.4 vote.
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Mayor Miller questioned that if the proposed zoning was denied, the planned development word r r .
still be in place and what would happen.
I fill stated that the applicant would have an opportunity to proceed with the specific site design of
could procee i with a new straight zoning proposal that was less restrictive than what was currently
proposed,
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City of Denton City Council Minutes
November 3, 1998
Page 9
Mayor Miller questioned that on an ad hoc basis, the Council had no vested rights to refuse this.
Prouty stated that the Council had the opportunity to do some procedures that had not been done in
the past. In the past, Council dealt with setbacks, building materials, etc. It now had the right to go
beyond that into such areas as where multi-family would be located how much multi-familyversus
single family. That would be a policy matter. In the past, the Council had rollowed the idea that
once the concept plan was in place, the uses and amounts were pretty much set.
Mayor Miller asked if the concept plan was in place.
Bill replied yes, lie stated that if a detailed plan were proposed and the Council felt it was not
advantageous for the City, the Council would have to objectively indicate why that particular
detailed plan needed to be further restrictive than any other.
City Attorney Prouty stated that the problem was that if Council did exercise this additional power
on this proposal, it could be selling a precedent for future planned developments. The Council
would have to be consistent with all planned developments.
Mayor Miller indicated that he would be voting in favor of the proposal, The School District did not
want to allow any more building in Wrrton and that was not a good reason to stop growth. The local
governmental levels had been held hostage by state funding or school districts and he questioned
how a community dealt with that. Schools were Important and growth and development were just
as important. People and families were part of commercial developments. Ile felt this was a
balanced proposal. I Ic fell there needed to be better data about the number of potential students the
development would impact.
Council Member Young agreed with Mayor Miller. Argyle had no commercial development and r
he felt the school districts were subject to bad man; e.ment. I le didn't want to send a message that
properly couldn't be developed in Denton. Ile would vote against the motion.
On roll vote to deny the proposal, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye
Kristorerson "ayc". Young "nay". and Mayor Mi[let "nay". Motion carriedwith a 5.2 vote,
21. The Council held a p!iblic hearing and considered a request to amend a portion of the approved
concept plan for a planned development none district (PD-20). The 136.365 acres of land was
located along the southwest side or Interstate 35-F belween Lillian Miller and State School Road.
A multiple use development was proposed with Light Industrial, Ocneral Retail, Office, Multi-
Family, Singic-family and Recreation uses, The proposed amendment reduced the land for light
Industrial. office, single-family and recreational uses and increases the land for general retail and i
multi-family uses, 1 he Council recently denied approval ora development plan for this propert;
(1 he Planning and Zoning Commission recommended approval 4.1.) (Z.98.044)
Dave I fill. Director orPianning and N%clopment, stated that this request was to amend a portion
of an approved concept plan for PD-20. 1 he request was to amend only 136.4 acres or the
development. 1 he balance of the planned development had a light Industrial tuning classification.
In May a proposed development plan for this property that amended the 1974 concept plan was
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City of Denton City Council Minutes
November 3. 1998
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denied by Council. Ile reviewed the existing zoning and the proposed amendment as noted in the
agenda materials. The proposed amendment reduced the land for light industrial, office, single-
family and recreational uses and increasel the land for general retail and multifamily uses. If the
current request were denied, the previously approved concept plan would prevail. Staff was
recommending approval with the conditions as recommended by the Planning and Zoning
Commission. 'the request to rezone was consistent with the Denton levelopment Plan.
Development according to the amended concept plan, compared to the existing concept plan. Would
result in restricted Iibht industrial land uses, enhanced setback requirements, enhanced landscaped
bufferyards, enhanced tax base, enhanced recreational facilities, enhanced drainage facilities, and
enhanced right-of-way for the extension of Wind River Lane.
Mayor Pro 1'em Beasley asked if the drainage improvements with Unicorn Lake would help further
down on State School Road,
Jill Jordan, Director of Water/Wastewater, stated that it would hold the water back and prevent it
from going as quickly and with the volume as before, It would be important for the whole tributary,
Mayor Pro Tom Beasley stated that she liked the fact that many uses had been taken out of the light
industrial zoning. She qucslioned tf the 100-foot setback was in additi +n to a 20-foot setback.
Hill replied that the loo-foot setback was from the same boundary for some land uses. The 20-foot
buffer was a setback requirement.
The Mayor opened the public hearing.
Brad Meyer, Carter and Burgess, slated that three co terns had been expressed regarding this
proposal. One was the road, Originally it was to have been a 60-foot road but they had now agreed
to widen it to 80 feet, A second concern was the buffer from light industrial to residential. The
conditions on the proposal indicated the exact type of buffer, etc. and also severely limited the uses
next to the residential development. The third concern was uses for light industrial. This list had
1 been gone through itcm by item. Light industrial was held on to for consistency. There would be
a connection from Teasley Lane to 1.35 with that connection being made as soon as possible. They
had worked with the Parks Department and the Vnglnecring Department on the lake and greenbelt
that would be created, the greenbelt would connect parks and trails with other developments, The
proposed regional detention area would serve the entire watershed and would be a joint project
between the developer and the city.
Council Member Young asked about the development of the road.
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Meyer stated that it would be alcvrlopcd just as quickly as possible.
Council Member Dyurranre asked about the multi-family portion ofthe devclopmentand the number
of students it would generate,
flleycr stated that multi-familydid not generate a lotof students and in this case would probably be
college students.
City of Denton City Council Minutes
November 3, 1998
Page 11
Bob Shelton stated that the plans were to start immediately on the road along with the lake,
Council Member Cochran asked about a road that would link to Sundown Ranch.
Shelton indicated that he anticipated a road connection.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-366
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMEN DM ENTTO AN APPROVED CONCEPT PLAN FOR 136.365 ACRES OF LAND
CURRENTLY WITHIN PLANNED DEVELOPMENT DISTRICT TWENTY (PD20)
LOCATED ALONG THE SOUTHEAST SIDE: OF INTERSTATE HIOEIWAY 35•F
BETµT:EN LILLIAN MILLER PARKWAY AND STA1 E SCHOOL ROAD; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to approve the ordinance.
Council N1em1x r Krislorerson stated that she planned to make a recommendation to apply the vested
rights statute to watch this planned development through the process. Projections indicated that most
communities strive to have a 30% multifamily ratio. She felt that the light industrial and light
industrial•restrictd comments stood for themselves and should be downzoned to commercial. There
should be a specific use permit on the list She felt the proposal did not provide relief to motorists
coming back to Denton but did provide relief to those going to Dallas,
ma) or Pro 'rem Beasley stated that multifamily zoning had much less impact on a school system,
1he commercial and light Industrial zoning would be good for the tax base. The lake was also a
good project She would be voting in favor of the motion.
Council Member Durrance stated that his concern was not with the r id but where the density on
the road would be emptying out. A traffic study had been providm but he felt the figures were
hawed as to how they would be applied. The figures indicating the number of potential students in
the proposed Mclopntent werrr not accurate. A planned developed proposed In 1966 had been
denied. I It Ich that the char,., a in this proposal were only cosmetic and he would be voting against
the motion.
A
Council Member Burroughs felt that there were large differences in the former proposed planned 1', v
development and the current proposal. This proposal had very little residentlal uses with a lot of
commercial, off ce, and recreational uses. I le felt it was a balanced proposal and that the impact of
the development would be beneficial to the school district,
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November 3,1998
Page 12
Council Member Cochran felt that there were some good things in the project. The street was good
and the concept of the park and retention pond was wonderful. Ile would be voting in favor of the
project. There were some massive problems in the area but this proposal was considerably better
than the previous proposal.
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Mayor Miller felt that this would be a good development and would be good for the tax base. The
proposed road would help to rclicve traffic al I day long.
On roll vote, Beasley "aye', Burroughs "aye", Cochran "aye", Durrance"nay", Kristoferson "nay
Young "aye", and Mayor Miller"aye". Motion carried with a 5.2 vote,
22. The Council held a public hearing and considered rezoning 58.351 acres from an Agriculture
(A)-zoning district to a Single Family residential (SF. 10) zoning district. This property was legally
described as part of Tract 6, Abstract No. 1018 of the Eli Pickett Survey and was located on the west
side of F.M. 2181(Teaslcy Lane), approximately 1,000' south of Robinson Road, between Ryan Rd.
and I lickory Creek Rd., in the City of Denton, Denton County, TX. The proposal was to develop
a single-family subdivision. (The Planning and Zoning Commission recommended approval 5-0.)
(Z-qv-048)
Dave 1 [ill, Director of Planning and Development, stated that this request was for a rezoning for a
single familyl0 zoning district. On August 26, 1998, the Planning and Zoning Commission
recommended approval of a conditioned single family 7 zoning district for this property. The
conditions required that the lots along the southern boundary of the property had to beat least 10,00u
square feet and the balance of the lots could then be a minimum of 7,000 square feet and a fence not
less that 6 fixt In height would be constructed along the northern and southern boundaries. On
September 15, 1998 the Council denied that zoning request. At that +]ime a super majority vote was
required in order to approve the zoni ng regt,^, -i, Because the new proposal was more restrictive than
the original proposal, the developer did not have to wait a year to return to Council. This new
proposal did not require a super majority Council vote. The traffic analysis Impact indicated that
there -.vas a need for a turn lane in the protect. That would not be required but would be a safety
factor due to the speed limit in the area. With those improvements the Impact of the development
could be mitigated. This was a straight z, ning request that was different from the original request
in that it reduced the number of trips per day by 25%. The property was not platted, There was a
collector street required with the development of the property.
The Mayor opened the public hearing.
Rory Corwin stated that the single family 10 zoning proposal did not have any neighborhood
objections, It appeared that the main concern was traffic and schools. They had tried to address `
traffic ay best as possible. Thecenclusion in the traffic report wasthattraffic from this development 1!,
would not have a significant Impact to l lighway 2181.
Joe Freeman statc(l that he was the owner of the property. Ile had wanted to sell the property to the
school district but the district did not purchase the property, Ile currently lived In Flower Mound
and had seen the population there grow very rapidly. Ile was frustrated with the development
process end had tried to cooperate fully with staff and the Planning and Zoning Commission.
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City of Denton City Council Minutes
November 3, 1998
Page 13
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 98-367
AN ORDINANCE OF 711E CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION TO SINGLE
FAMILY (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
FOR 58.351 ACRES OF LAND LOCATED ON THE WEST SIDE OF r,M. 2M;
PROVIDING VOR A PENALTY IN ME MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motional, Burroughs seconded to approve the ordinance.
Council Member Young felt that the developer had worked with the neighbors and had cooperated
with requests from the City.
Council Member Kristoferson felt that this was still a matter of timing regarding this proposal. At
the last meeting she gave examples of how potholes, paving and levels of services were being
compromised to accommodate a level of growth. There currently was an office building being
constructed that could not get utility hookup for three weeks. To accommodate the hookups, the
City had to take individuals off jobs they were doing to maintain the current service levels. She felt
prudent planning and timed managed growth was the way to proceed.
Council Member Durrance stared that in September the issues were quality of life and neighborhood
integrity. The solution was to have a comprehensive plan in place. If this proposal were approved,
it would only add to the problems on Highway 2181, not be a solution.
Council Member Burroughsstated that Acme Brick did excavation work in this area. Thispropcrty
was near mobile home parks and had no aesthetics to it but flat land, It was not likely that single
family 16 would go Into the area. Until the Council declared a moratorium on all single family, 10
residential development and lower, he did not feel this proposal should be denied. H: felt this was
the best use of the property.
Council Mcmbcr C'oehran stated that he voted against the proposal last time due to density and
traffic problems. ]'his plan was less Intense with less traffic and he would be changing his vote.
Mayor Pro ]'em Beasley stated that she had voted against the proposal the last time. She appreciated
the fact that the project was now single family 10, She felt this was the best use of the land.
Ir
...4 On roll vote, Beasley "aye", Burroughs aye %Cochran "aye", Durrance"nay", Kristoferson"nay",
Young"ayc", and Mayor Miller"syc'. Motion carried with a 5.2 vote.
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City of Denton City Council Minutes
November 3,1998
Page 14
23. The Council held a public hearing and considered rezoning 3.88 acres from an Agricultural
(A) zoning district to a Planned Development (PD) zoning district and approving a detailed plan
allowing for light industrial and airport related land uses. The property was legally described as
't'ract 3 of the William Neill Survey (Abstract 970) and was located on the southwest comer of
Airport Road (FAI. 1515) and Westcourt Drive intersection. It was just east of the Denton
Municipal Airport. The proposal was to construct a manufacturing facility. (The Planning and
Zoning Commission recommended approval (4.1) with conditions.) (L•98-043)
Dave Bill, Director of Planning and Development, stated that the request from Trim Systems was
to change the zoni ng from agricultural to planned development with a detail plan for approval. The
proposal was to construct a manufacturing facility in two phases. The Planning and Zoning
Commission recommended approval with the conditions that a private access easement from Airport
Road be pro%idod and the relocating and rearranging of 15 parking spaces. The actual design had
changed a number of times to work out it number of Issues. The landscape requirements were not
going to be satisfied, Brick pavers would be used in the area of a tree that was to be saved,
Council Member Cochran stated that it bothered him to describe the road as a fire lane when it really
was a driveway for a private entity on public property, lit was not aware of any other situation of
this anyplace else. Ile felt an alternative was to build a smaller building and to buy more land. The
proposed solution for the large building on a small piece of land was to put a driveway on public
property. There was no place for trucks to turn around and he was concerned about setting a
precedent and public perception.
Deputy City Manager Svehla stated that this would be an access to that part of the Airport and would
be used as a driveway for future hangers.
Council Member Durance stated that the proposal met the 20% landscape allocation but did not
meet the 13 trees per acre. Ile expressed concern about setting a precedent by allowing the proposal
for the tree preservation.
City Attorney Prouty stated that this was a fairly unique situation with the location of the project so
close to th.- Airport and Council could distinguish that. The lun lscapeordinance was In the process
of King amended and depending on how it was amended and whether or not it set a precedent
depended on how the ordinance was amended.
i'he Mayor opened the public hearing,
Frank Martino stated that 71im Systems would provide the Interior of trucks to Peterbilt the same
day that they would be Installed in the truck, They would do all they could to sate the trees on the i
property. If they did not live, they would replace the trees.
i he Slayor closed the public hearing.
The following ordinance was considered:
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City of Denton City Council Minutes
November 3, 1998
Page Is
NO. 98-368
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FORA CHANGE
FROM AN AGRICULTURAL (A) ZONING DISTRIC f CLASSIFICATION AND USE
DESIGNATION TO PLANNED DEVELOPMENT 168 (PD 168) ZONING DISTRICT
CLASSI FICXrION AND USE DESIGNATION FOR 3.887 AL RES OF LAND LOCATED
ON THE SOUTHWEST CORNER OF THE AIRPORT ROAD (F,M. 1515) AND
WESTCOURT DRIVE INTERSECTION; PROVIDING FOR THE APPROVAL OF A
DETAILED PLAN AND LANDSCAPE PLAN FOR SAID DISTRICT; 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 tF. ordinance.
Council Member Cochran stated that he would have difficulty voting for the proposal because of the
road. Ile felt the City was setting a precedent of giving away public land without compensation,
On roL' vote, Beasley "aye", Burroughs "aye". Cochran "nay", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye", Motion carried with a 6.1 vote,
24. The Council held a public hearing and heard citizen comments regarding proposed
amendruents to the Landscape Ordinance. (The Planning and Zoning Commission recommended
apptoval(4.0).
Dave Hill, Director of Planning and Development, stated that this was a public review process for
proposed amendments to the landscape ordinance Staff had lal!(cd with the Chamber of Commerce,
the Keep Denton Beautiful Tree Board and had held a public hearing with the Planningand Zoning
Commission. There were five issues that w-- more developer friendly without sacrificing the Intent
of the ordinance. The landfill was Included as an exempt facility,
The Mayor opened the public hearing.
No one spoke during the public hearing.
Mayor Miller indicated that he had one speaker card from Chuck Carp,cnter who supported the
change but did not wish to address the Council,
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T he Mayor closed the public hearing.
ITEMS FOR INDIVIDUAL CONSIDERATIO y r ( , t
25. 'the Council considered adoption of an ordinance abandoning a 0.276 acre of land
constituting surplus street right-of-way and bring a portion of Avenue D, from Eagle Drive it
distance of 190 fr •t south to the connection octween Avenue E w,d Avenue D; and providing an
effective date.
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City of Denton City Council Minutes
November 3, 1998 x.
Page 16
Rick Svehla, Deputy City Manager, slated that City staff had worked In conjunction with UNT to
realign Avenue E into anew configuration with Avenue 1? The City would be abandoning the areas
by the new performing arts center and UNT would be dedicating a new area as an exchange.
The following ordinance "as considered:
NO. 99-369
AN ORDINANCE ABANDONING A 0.276 ACRE OF LAND CONSTITUTING
SURPLUS STREET RIGIff•OF•WAYAND BEING A PORTIONOF AVENUE D, FROM
EAGLE DRIVE A DISTANCE OF 190 FEET SOUTH TO THE CONNECTION
BETWEEN AVENUE E AND AVENUE D; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye"
,
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye'", and Mayor Miller
"air'. Molioncarriedunanimously.
26. The Council considered adoption of an ordinance authorizing the City Manager to execute
a Pipeline Longitudinal Encroachment Agreement with the Union Pacific Railroad Company for a
potable water pipeline; authorizing the expenditure of fiords therefor; and pruviding an effective date.
Rick Svchla, Deputy City Manager, stated that this agreement was in conjunction with the Railroad
for the Robertson Street project
The following ordinance was considered: i
NO. 98-370
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AN ORDINANCE AUTIiORIZINOTIIE CITY MANAGER TO EXECUTE A PIPELINE
LONGITUDINAL F,NCROACIIMENT AGREEMENT WITH THE UNION PACIFIC
RAILROAD COMPANY FOR A POTABLE WATER PIPELINE; AUTHORIZING THE
F,XPI',NDiTURE OF FUNDS THEREFOR; AND PROVIDINO AN EFFECTIVE DATE,
Beasley motioned. Kristoferson seconded to adopt the ordinance, On roll vote, Beasley "aye",
Burroughs "aye', Cochran "aye", Durance "aye", Kristoferson "aye", Young "aye", and Mayor Miller
''aye". MoIIoncart ledunanimously.
27. 'the Council considered adoption of an ordinance authorizing the City Manager to execute
a professional sers ices agreement with Recd-Stowe & Co., Incorporated for consulting services `
pertaining to the Denton Water and Wastewater Utilities cost of sen'Ice and rate design study; f ' A
authorizing the expenditure of funds therefor; and providing an effective data • f;- t'
Earl Caws. Director of Financial/Administraiite Services, stated that the external rate consultant
would examine the cost of service rate design to ensure that the methodology was fair and
appropriate tur customers. This had not been done since 1991, A study was also needed at this time
as the Upper Trinily Regional Rater District had expressed concerns about Denton's wholesale
treated water rate.
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City of Denton City Council Minutes
November 3, 1998 a
Page 17
The following ordinance was considered:
NO. 98-371
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH REED-STOWE A CO.,
INCORPORATED FOR CONSULTING SERVICES PERTAINING TO THE DENTON
WATER AND WASTEWATER UTILITIES COST OF SERVICE AND RATE DESIGN
STUDY; AUTHORIZING THE EXPENDITURE. OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE,
Durrance motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye Durrance "aye", Krlstoferson "aye", Young "aye",aril Mayor Miller
"aye". Motion carried unanimously,
28. 1 he Council considered adoption of an ordinance authorizing the City Manager to execute
a compromise settlement agreement bet"cen the City of Mntonand Eller Media Company in final
settlement of litigation styled Eller Media Company v, ,Sign Board of Appeals of the City of &nton
and the City of Denton, Terar, Case No. 98.50138-367, tiled in the 367' District Court of Denton
County; authorizing the City Manager to act on the City's behalf in accepting the settlement and
executing a release of claims.
The following ordinance was considered:
NO. 98-372
AN ORDINANCE AU'ITIORIZING THE CITY MANAGER TO EXECUTE A I
COMPROMISE SETTLEMENT AGREEMENT BETWEEN I HE CITY OF DENTON
AND EIJ.LR MEDIA COMPANY IN FINAL SLI'TLEMENT OI' LI'1'IGATiON STYLED
ELL ER,41EOM('031PAN l:.SIGNROARDOFAPPF.4L5OF'TN6CITYOFDENTON
1 AND 171E('1TF'OFDEVTO,V TLVAS, CASE NO. 93-50138-367, FILED IN THE 367TH
DIST'RIC' D COURT OF DENTON COUNTY; AUTHORIZING THE CITY MANAGER ~
TO ACF ON TTIIE CITY'S BLIIALF IN ACCEPTING THE SETTLEMENT AND
IiXEC'U I ING A RELEASE OF CLAIMS.
Young motioned, Burroughs seconded to adopt the ordinance with the compromise scltlemer 1
I agreement along with attached work orders. On roll vote, Beasley "a)e", Burroughs "aye", Cochran
"aye", Durrance "aye", Kristofemin "aye", Young "aye", and Mayor Miller"aye", Motion carried
unanimously. t A r
29. 'Ihe Council considered approval of a resolution to declare the intent to reimburse l'
III
expenditures from unrescn ed fund balance of the General Fund with General Obligation Bands; and
providing an effective date,
T he followng resolution was considered:
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City of Denton City Council Minutes
November 3, 1998
Page 18
NO. R98-063
A RESOLUTION TO DECLARE THE INTENT TO REIh1BURSE EXPENDITURES
FROM UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH
GENERAL OBLIGATION BONDS; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Young seconded to adopt the resolution. On roll vote, Beasley "aye",
Burroughs "aye', Cochran "aye", Durrance "aye", Kristoferson "aye', Young "aye", and Mayor Miller
"aye". Motioncarricdunanimously.
30. The Council considered adoption of an ordinance accepting competitive bids and providing
for the award of a public works contract for Mayhill Road paving and drainage in the amount of
$632,149.84; providing for the expenditure of funds therefor; and providing an effective date. (Bid
02238 - Mayhill Road Paving and Drainage awarded to Jagoe Public Construction In the amount
of 5632,149.84)
The following ordinance was considered:
NO. 98-373
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF A PUBLIC WORKS CONTRACT FOR MAYII1LL ROAD PAVING AND
DRAINAGE IN TILE AMOUNT OF $632,149.84; PROVIDING FOR THE
LXPENDITUR E OF FUNDS TI IFREFOR; AND PROVIDINO AN EFFECTIVE DATE,
(BID 02238 - MAY11111 ROAD PAVING AND DRAINAGE AWARDED TO JAGOE
PUBLIC CONSTRUCTION IN IIIr AMOUNT OF 5632,149.84)
Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye". Durrance "aye", Kristoferson "aye Young "aye", and Mayor Miller "aye".
Slotion carried unanimously.
Item 035 was considered.
33. Mayor Miller stated that under the emergency provisions allowed by the Open Meetings
Act, an item was added to the agenda and properly posted.
1 be Council considered a resolution authorizing the Mayor to write a letter protesting the proposed
air quality permit applied for by Marock Incorporated for an asphaWconcrete plant at Mawh Branch
Road befxethe Texas Natural Resource Conservation Commission, and declaringan effectivedate.
Council Member Cochran stated that this proposed plant was being built in the City's ET1 fight on r ! t'_ t
the borderline and would have some efTect on Denton. There would be a considerable amount of
truck Iratlic to and from the site. l It also felt there would be a detrimental effect on the health and
welfare of the citizens of Denton.
IL he following resolution was considered:
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City of Denton City Council Minutes
Nc,wmbcr 3, 1998 e
Page 19
NO. R98.064
A RESOLUTION AUTHORIZINGTHE MAYOR TO WRITE A LETTER PROTESTING
THE PROPOSED AIR QUALITY PERMIT APPLIED FOR BY MAROCK
INCORPORATED FOR AN ASPHALT/CONCRETE PLANT AT MASCII BRANCH
ROAD BEFORE THE TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION; AND DECLARING AN EFFECTIVE DATE.
Young motioned Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs
"aye', Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Mi Iler "aye'.
Motion carried unanimously,
Council returnee to the regular agenda order.
31. Miscellarr:ous Matters from the City Manager
City Slanager Jez slated that the 199i City Council Meeting schedule had been distributed to
Council, lie requested that they notify him of any needed changes.
12. New Business I
The following items of New Business were suggested by Council for future agendas:
A, Council Member Young requested an upcoming item for Council consideration to
divert The money for Scott Street sldewalk to playground equipment for Fred Moore Park
,
B. Council Member Durrance requested information on possible downzoning: of
single family and multi-family zoning for planned developments 20,22,41, 86, 90, 93, 102, 120.
126, and 139 for density of single family and multifamily zoning,
33. I here was no ronti nuation of C' Iosed Meeting under Sections S 5l •0'l i-5S 1.085 of the Texas
Open Meetings Act,
With no further business, the meeting adjourned at t t:45 p.m.
JACK MILLER, MAYOR
CITY OF DEN TON, 11'sXAS
r.
'F.NNII'I;R WALIERS
Cl I Y ShCRLTARY
Cl I"Y OF DEiNTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
November 9,1998 .r
The Council convened Into a Special Called Meeting on Monday, November 9, 1998 at 12:00
noon in the City Council Chambers at City Hall.
PRESENT: Mayor Miller, Mayor Pro Tem Beasley; Council Member Burroughs, Cochran,
Durrance, and Young.
ABSENT: Council Member Kristoferson
1. The Councii considered adoption of an ordinance canvassing the returns and declaring
the results of a Special municipal election held In the City of Denton on November 3, 1998
regarding the extended hours for the sale of alcoholic beverages; and providing an effective date.
Jennifer Walters, City Secretary, read the results of the election.
The following ordinance v.,as considered:
NO. 98-374
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE i
RESULTS OF A SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF
DENTON ON NOVEMBER 3,1-)99 REGARDING THE EXTENDED HOURS FOR
THE SALE OF ALCOHOLIC BEVERAGES; AND PROVIDING AN EFFECTIVE
DATE.
Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Dufranee "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
With no funher businem, the meeting was adjourned at 12:06 p.m.
JACK MILLER, MAYOR
CITY OF DENTON
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON.
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CITY OF DENTON CITY COUNCIL MINUTES
November 10, 1998
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a closed meeting on Tuesday, November 10, 1998 at 5;15 p.m. In the Council Work
Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson arid Young,
ABSENT: None
1, The Council considered the following in Closed Meeting:
A. Conference with Employees - Under TEX. GOVT. CODE See. 551,075. The
Council received Informatlon from employees during a staff conference or briefing,
but did not deliberate during the conference,
B. Deliberations regarding rea' property- Under 1 EX. GOVT. CODE Sec. $51,072;
and consultation with attorney -Under TEX. GOV'T. CODES". $3 1.071
1. C'onsidere'd and discussed the valuation and the possible sale, transfer, or
other divestiture of real property pertaining to the City of Denton's electric
utility system, including, without limitation: the Gibbons Creek generation
facility located in Grimes County, Texas; the Spencer generation facility
located on Spencer Road in Denton, Texas; the hydroelectric facilities
located in Denton County, Texas; as well as other component facilities of
the City's electric transmission and distribution system,
The Council convened into a Work Session on Tuesday, November 10, 1998 at 6:00 p.m. In the
Council Work Session Room at City I lall
PRESENT: Mayor Miller; M• yor Pro Tern Beasley; Council Members Burroughs, Cochran, l
Durrance, Kristofcisonand Young.
ABSENT: None
1. The Council received a report, held a discussion, and gave staff direction regarding a
timeline for the Charter Election to be held May I, 1999.
Mike Bucek, Assistant City Attorney, stated that the Council had requested an administrative
rcvlew of the Charter that would provide general changes necessary to comply with the law along
with addressing the issues of board and commission membership, conflict of interest, and
faciliiationof utility deregulation. The dale for the election would be May 1 st. If Council agreed
with the timeline, staffwould proceed as indicatedin agenda materials,
Consensus orthe Council was to proceed as presented.
2. I he Council received a report, held a discussion and gave staff direction concerning City
Council meeting rules. (security and related measures)
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City of Denton City Council Minutes
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November 10, 1999
Page 2
Mike Jcz, City Manager, stated that ass result of meetings with facilitator Lyle Sumek, Council
expressed a desire to develop rules goveming audience behavior and security rt City Council
meetings, Staff had developed the draft rules as Indicated in the agenda materials. If Council
agreed with the rules, an ordinance would be placed en a regular meeting for formal consideration.
Council Member Burroughs suggested changing the wording on 49 to accommodate when there
would be no lectent such as in the work session room. Ile suggested changing 011 to make it
generic ratherthan KNTU radio only.
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Mayor Miller stated that the rules would apply for only regular meetings and not for work sessions.
Council Member Burroughs felt that there should also be rules for work sessions as those
procedures had been changed for work session citizen Input. Ne felt 010 should state that on the
second request for it speaker to conclude, the speaker should be removed and the preslding officer
called,
Council Member Young suggested reconsidering 85 that would not allow food or drink in the
Chambers. The meetings started early and some citizens might not have had dinner before they
attended the meeting. Some people needed to have snacks during the meeting for their health.
Council Member Cochran felt that sonic items should be addressed only if they had been a problem
in the past. Ile suggcsW changing the wording so to make it more user friendly. The rules should
not be so rigid that they could nut be real isticolly done.
City Manager Jcz stated that the answer was in the applicationof the rules. Good sense and good
judgement would address the Issues presented. Ile felt it was a very poor security precedent to
al low someone on the dais. There was a need to clarify the rules for the police officers present and
for citiren'sactions.
Mayor Protein Beasley stated that just because there were rules in place, it did not mean that they
had to be strictly enforced In all situations, She felt it was a good Idea to have such rules In place
for future use.
Consensus of the Council was to change the rules to Indicate a generic term for "radio", make the
language more user fricndlyand strike 05 that did not allow food and drink in the Chambers.
31 The Council received a report, held a discussion, and gave staff direction regarding the
Dran Interim Corridors Ordinance.
Davc I fill, Di rector of planning and Development, stated that Council had reviewed a work',ng draft
of the proposed ordinance on October 13', lhls session would allow Council an oppot futility to
review the drun ordinance a week in advance of the joint City Council/Planning and Zoning A~ r
Commission public hearing. The new approach contained guidelines intended to be us A by the
planning and Zoning Commission and City Council during site plan review for proposed
developmentlocated within a designated conldor. The site plan review process was based on draft
guidelines to allow consideration of individual property features and development characterlstics.
the ordinance indicated that property owners within a designated corridor must submit specific site
plan information for planning and Zoning Commission and City Council review and approval.
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City of Denton City Council Minutes
November 10, 1998
Page 3
Unless accompanied by a request for a zoning change, planned development detail plan, or specific
use permit, the site plan review procedure would not require a public hearing and could be
processed within a three to four week period. The language regarding limited visitility land uses
was also amended, Another suggested change was that portions of land outside the corridor would
not be subject to the regulations even if thepropertywerehalf inandhalrout ofthecity limits. The
effective date of the ordinance would be March 15, 1999.
Council Member KrWoferson stated that at the previous work session guidelines were suggested
about metal in the materials section but were not in this draft.
I l it l stated that those were left out by mistake and would be put back in.
Council Member Cochran asked about the timing of projects already in progress. March l5th was s
long way away.
I tili staled that the effectivedate of the ordinance would indicate that a development would have to
have a building permit issued by March I5th. If a development came in after that date, it would
have to comply with the ordinance.
Mayor Pro Tern Beasley stated that this would be an interim ordinance until the comprehensive
plan was in place. i
Hill stated that the comprehensive plan would look at each corridor separately.
Mayor Miller suggested changing the wording on page 7•subscolon (a) regarding public hearings
in zoningcases.
Assistant City Attorney Bucek fell that the uhimateprotcolonwould be to have a publichearing.
Council debated whether or not to have a public hearing regarding this issue.
Assistant City Attorney Bucck stated that with an administrativeact, Council would have qualified
immunity but with a Icgislativcact it would have complete Immunity.
Council Member Cochran felt that the same could be achieved if the zoning was In place without a
public hearing.
Conscnsusuf the Council was to leave the public hearing requiremcntin when zoning was in place.
4. '1 be Council received a report, held a discussion, and gave staff direction regarding the
Draft Growth Management Strategy.
i
Mark Bowers, I IOK consultant, presented the draft growth management strategy. Ile reviewed
the basic assumptions that were included In the agenda materials.
Renee Jaynes presented growth management strategy general tools and specific
recommendations as indicated In the back-up materials.
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City of Denton City Council Minutes
November 10, 1998
Page 4
Consensus of the Council was to proceed as presented.
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5. The Council received a report, held a discussion, and gave staff direction regarding
propo„cd amendments to the Landscape Ordinance.
Dave Hill, Director of Planning and Development, stated that several amendments were
proposed, Many of the proposed amendments were intended to make compliance with the
ordinance more reasonable for property owners without sacrificing the ordinance objectives.
Staff requested Council direction regarding the creation of a task force to consider the proposal.
Council Member Cochran fell that no new task force was required.
Council Member Young felt that a task force was good as he wanted citizens involved In the
process. The task force would make recommendations and not make decisions.
Mayor Pro Tern Beasley felt that the way the prior ordinance was done had worked well and that
the neighborhood meetings would be good rather than a task force.
Still stated that another issue was resources and staff time, The development of a task force
might delay work on the comprehensive plan.
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Mayor Miller suggested that the comprehensive pl in ordinance be enacted with the
understanding that this was still an Issue and would be considered after the completion of the
comprehensive plan.
Council Member Durrance suggested tabling the issue until February.
Mayor Millcr stated that Council would make a commitment that a task force would be
developed but wait until February.
Council Member Kristoferson stated that there was no need demonst, e d for such a task force,
Council Member Cochran did not see a need to create a task force becat,se a small slumber of
people had a problem with an ordinance. Ile felt the Council was giving slxNial consideration to
the Chamhcr of Commerce with this proposal.
Consensus of the Council was to follow the recommended suggestions as noted In the agenda
materials.
6. The Council received a report, held a discussion,and gave staff direction regarding Planned
Developments 20, 22, 41, 86, 90, 93, 102, 120, 126, and 139, with the intent to down-zone these
approw-d concept plans.
D)avc D sill. Director of Planning and Ievelopment, stated that Council requested staff to prepare
information to discuss the potential downzoning of the referenced planned developments
although no direction was given as to the specific manner by which the change In zoning was to
occur. The reference to do%%voning Indicated a change in zoning from ales' restrictive land use
classification to a more restrictive land use classification, Any downzoning under consideration
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City of Mnton City Council Minutes
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November 10, 1998
Page S
would require ordinance amendments on a case-by-case basis. An overlay district could also be
considered if the Council's Intent did not necessarily require individual planned development
revisions. This required Planning and Zoning Commission input and recommendation. If the
proposed downzoning were protested by 201/6 of the affected land area property owners, a super
majority vote would be required. Questions to answer included why target planned
levelopmcnts and none of the straight zoning was included; why these ten planned developments
and no others; and evaluation criteria that could be used for new proposed planned developments
in order to ensure that Council decisions would be consistent with the previous down-zonings.
Council Member Durrance stated that these planned developments were selected as they were
identified as single family zoning. Other planned developments could be affected, lie was not
discussing individual planned developments but rather the concept of overall downzoning. There
was a need to manage growth and a need for balanced growth, He suggested considering an
overlay-zoning ordinance until the comprehensive zoning could be adopted.
Council Member Young wanted the legal staff to look Into the possibility of lawsuits arising
from this type of downzoning. Ile did not want Minton to be known as anti-growih/and-
development.
Council Member Cochran stated that there were many old planned developments that were
approved during a different economic climate. Council was trying to plan growth for the I
community and one way to do that was to decide what the community wanted at this time. Ile
w as not indicating to not develop the property but if the property were developed, it needed to be
done with 1998.99 standards and not standards from 20.30 years ago. Each planned
development was a different situation with different properties.
Assistant City Attorney Bucek stated that vested rights were the key Issue, Vested right.+ dealt
with plotting and subdivision regulations. Zoning was never thought to be a vested right.
Council Mcmbcr Burroughs questioned that if an ordinance overlay were adopted could a
provision be included that any planned developments approved ten or more years ago wouii
have to I% developed within 12 months from the date of adoption of the osrrlay ordinance.
Assistant City Attorney Iducck stated that wfiutevcr would be considered should be done before
the vested rights state ^ was readopted by the legislature.
Council Member Burroughs asked how much staff time would be needed to work on an overlay
ordinance without affecting the comprehensive plan,
I lill stated that what was being recommended in the comprehensive plan had the same end result
as an overlay ordinance but was going about it in a different way, Ile felt it would take a lot of
time to research such an ordinance, Ile suggested continuing with the comprehensive plan and
included an adequate facilities ordinance. An adequate facilities ordinance Indicated that a
proposal could not be built unless it showed how it provided adequate facilities for the
development.
Mayor Miller suggested proceeding with the comprehensive plan, A problem with changing the
zoning that was already In place was that property was valued based on the zoning granted.
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City of tknton City Council Minutes
November 10, 1998
Page b
Standards for adequate growth devell oment would be difficult to determine.
Council Member Kristoferson felt that the Council's comments showed why this effort was
needed. In dealing with an over,ay zoning the Council was asking the Legal Department to do
the research and not the Planning staff. She felt this should address all zoning and not just
planned developments. There was a need to downshift In muld•family zoning. It was time to
move In the direction the citizens warded.
Mayor Pro Tem Beasley stated that she was not willing to compromise the comprehensive plan
process. The overlay district was an important issue to look at but not at the risk of the
comprehensive ;tan. There were many legal questions that would have to be answered and the
Council could not proceed before knowing those answers. She agreed that there was a need to
look at old planned developments but not at this time.
Assistant City Attorney Bucek stated that the biggest problem was that Legal would have to
proceed in concert with the Planning Department and how much that would Involve the Planning
Department would depend on how definitive the overlay district was. Staff would be pushing to f
bring somcihtng by Dcvcmber and then there would have to be joint hearings. It possibly might
be January4ebruary before such an overlay ordinance was adopted,
Hill suggested that the planned developments could be considered as Council continued through I
the comprehensive plan and looked at the earliest time possible when an adequate facilities
ordinance could be done.
Council's proposal was to look at recommendations to these planned development Issues
consistent with the growth management strategy and to pursue In greater detail an adequate
facilities ordinance, Another option was to adopt the comprehensive plan in sections.
7. The Council r,ccl%,cd a report, held a discussion, and gave staff direction on a new I
thorough fare master plan.
Jerry Clark, City Frigincer, presented a new thoroughfare plan rot Council consideration. Details
were presented in the agenda materials.
Consensus or the Council was to follow staff recommendations on the master plan.
With no further business, the mecting was adjourned at 11:50 p.m.
JACK MILLER, MAYOR
CITY OF DENTON,1'E:XAS
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JE:NNIFL WALTLRS
CDI Y SEC RU'ARY
CITY Or DENTON,TEXAS I
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Agenda No,~!_l rOOS~__
Agenda Item_
AGENDA INFORMATION SHEET Date.__~2-~
AGENDA DATE: February 2, 1999
DEPARTMENT: City Manager's Office
CM: Michatl W. Jcx, City Manager. 349.8307
SUBJECT
Consider a request for an exception to the noise ordinance from the Krum Rodeo Club of
the Nor.}, Texas High School Rodeo Association for their annual rodeo to be held at the
Nonh Texas State Fairgrounds on Friday and Saturday, February Sa' and 6`~ until 1:00
a.m. and on Sunday. February 7u`, from 2:00 p.m. to 6:00 p.m.
BACKGROUND
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the Krum Rodeo Club of the North Texas High School Rodeo Association is requesting
an exception to the noise ordinance for their annual rodeo that is being held at the North
Texas State Fairgrounds, February S'x, 6'x, and 7th. The Club is requesting an exception
until 1:00 a.m. on Friday and Saturday, February P and 6u', and from 2:00 p.m. to 6:00
p.m. on Sunday, February 7'x, The main source of the noise wit[ come from the use of
amplified sound for the purpose of making announcements in conjunction with the rodeo
events.
As you know, the noise ordinance declares lou6peakers, amplifiers, and musical
instruments a noise nuisance, particularly alter 10:00 p.m, Monday through Saturday and
anytime on Sunday (Attachment 3). The ordinance does,l,owever, provide that the City
Council may make exceptions when the public interest Is served.
'The organs nns have been informed that should Council approve this request, responsible
use of the amplified sound Is still required by Section 20.1 of the City of Denton Code of
Ordinances. In particular, Section 20.1(a) stales,
It shall be unlawful for any person to make or cause any unreasonably loud,
disturbing. unnecessary noise which causes or may cause material distress,
discomfort or injury to persons of ordinary sensibilities In the Immedhite i
vicinity thereof,
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PRIOR A,119N/REVIEW (Council. Boards. Commissions]
None.
FISCAL INFORMATION
None,
Respectfully submitted:
lid "tt YVIA 111 N, ems
Assistant to the City Manager `
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Attachments: 1. Request from )udie Craven, Sponsor Krum Nigh School Rodeo Team I
North Texas Nigh Schoa ?odao Assoc,
2, Noise ordinance '
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January 13, 1999
Betty Williams
City of Denton
Iis E. McKinney
Denton, TX 76201
Dear Ms. Williams,
No,. P4't ani in 1972 or the
th Texas High school purpose o{ furtheri `an developing the 'port of high school nrodeo is a primary mteans of wholesome
family recreation, This Association has grown to over 600 members (mm 72 north Texas high schools.
We have 21 sanctioned rodeo each year, which harm helped in promoting the sport of rodeo through
organized group interest, activities and fair competition.
We would like to request a variance to the Noise Ordinance at the North Texas State Fair grounds for the
Dates of February 5,6 end Ts for our rodeo. The Rodeo should end at tppmlt, t.-00 s. m. on Friday and
Saturday night and will start at 2;00 PM, and end apptaximately 6;00 Won Sunday, We would be
willing to abide by any modification to the ordinance to be able to host nur Rodeo in Denton.
Sincerely,
to
Craven
pomor Krum 1 sigh School Rodeo Team
Non It Texas High School Rodeo Assoc-
,
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1
xAUtt 110010 CtUS
NOATII T11IA1 IIICII ICIIOOL 100tO ASSOC,
110.111,4110
P.O. Box 111, IIIIUM,tx lstll f
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Chapter 20
NUISANCES'
Art. 1. In General, 0120-1-20-30
Art. 11. Abandoned Properly, 1120-31-20-70
Div. I. Generally, 11 2031-2040
Die 2. Njotor Vehleb s. if 20•41-20.70
Art. ill. Grass and Weeds, If 20.71-2073
ARTICLE I. IN GENERAL
Sec. 20-1. Noise
tat it shall be unlawful for any person to make or cause any unreasonably loud,
disturbing, unneresaary note which causes or may cause material dietrae, diecomfort or
injury to persons of ordinary sensibilities In the Immediate vicinity thereof.
Ibl It shall be unlawful for any person to make or cause any noise of such character,
Intensity and continued duration so to substantially interfere with the comfortable enjoyment
of private homes by persons of ordinary sensibilities.
(cl The following ace, among others, are declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive:
111 The playing of any phonograph, television, radio or any musical Instrument In such
manner or with such volume, particularly between the hours of 10,00 p.m. and 7:00
am,, xa to annoy or disturb the quiet, comfort or repoee of persons of ordinary
sensibilities In any dwelling, hotel or other type or resldence•,
(2) The use of any stationary loudepotker, amplifier or musical Instrument In ouch
manner or with such volume me to annoy or disturb persona of ordinary sensibilities
in the Immediate vNinity thereof, particularly between the hours of 10:00 p.m. and
7:00 s.m., or the operation of ouch loudspeaker, amplifier or musltal Instrument at
any time on Sunday; provided, however, that the city ccancit may make exceptions
upon application when the public Interest will be servtd thereby;
i31 The blowing of any steam whistle attached to any stationary boiler or the blowing of
any other loud or hr•rearhing steam whistle within the city limits, except to give
notice of the time to begin or stop work or as a warning of danger;
gel The erection, excavation, demolition, alteration, or repair work on any building at
anytime other than between the hours of 6.00 a.m. U4 8:30 p.tn. Monday through
Friday from June 1 to September 30; between 7,00 a.m. and 6:30 p.m. Monday
through Friday from October 1 to May 31; between 6:00 a.m, and 8:30 P.M. on
{ 'Crops references-Protected migratory bird roots declared nuisance, 16.87; Inseec•
tion and abatement warrants, 116.66 tt seq ; Insect and rodent control In mobile home and
recreational vehicle psrlts,132.OL
Supp No.1 1360
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1 2~ 1 DENTON CODE
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Saturday; and between 1.00 p m. and 8 50 p m on Sunday; provided, however that the
pity council may issue special permits for such work at other hours in case of urgent
necessity and in the Interest of public safety and convenience.
111 The creation of any loud and excessive noise in connection with the loading or
unloading of any vehicle or the opening or destruction of bales, boxes, crates or
containers;
(6) The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noises to any performance, show, lhea;re,
motion picture house, sale of merchandise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near nr adjacent thereto.
(Code 1966, 11 14.20, 14.21; Ord. No. 95.184, 11, 9.12-PS)
Cross reference-Animal noise, 16-26.
See. 20.9. Odors.
(a) It shall be unlawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities in the Immediate vicinity thereof
tb) It shall be unlawful ror any person to create or cause any odor, stench or smell of such
character, strength or continued duration as to substantially Interfere wlth the comrortable
enjoyment of private homes by persons of ordinary sensibilities.
(c) The following acts or conditions, among others, are clattered to be odor nuisances in
violation of this Code, but such enumeration shall not be deemed !o be exclusive, 1
(l) Ofreouivs odors from tow lots, hog pens, fowl coops and other similar places where
animals ue kept or fed which disturb the comfort and repose of persons or ordinary
sensibilities;
12) Offensive odors from privies and other similar places;
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(0) Offensive odors from the use or possession of chemicals or from industrial processes
or activities which disturb the comfort and repose of persons of ordinary sensibilities;
(41 Offensive odors from smoke from the burning *(trash, rubbish, rubber, chemicals or
other things or substances;
(S) OiTlnsive odors from stagnant pools allowed to remain on any premises or from
rotting garbage, reruee, uAl or dad animals on any premises.
(Code 19811,11 14.22, 14.25)
See. 269. Garbage. trash and rnbblob ouiunca-Oenerdfy. r
(a) Storing or keeping garbap, trash and rubbish. The storing or keeping of any and all
stacks, hops or piles of old lumber, refuse. Junk, old cars or machinery or parts thereof,
garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or
buildings, piles of stones, bricks or broken rocks on any premises bordering any public street 1
9upp. Na. 4 1300
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Apaoda No
AGENDA INFOR IATION SHEET Apanda Item.._.
Date-
AGENDA DATE: February 2, 1999 Questions concerning this
acquisition may be directed
DEPARTMENT: Finance - Purchasing to Sharon Mays 349.8487
ACM, Kathy DuBose, 349-8228
SUBJECT: I
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR ROADWAY BORES UNDER UNIVERSITY AT ELM
AND UNIVERSITY AT LOCUST; PROVIDING FOR THE. EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID #2327 -
BORES. UNIVERSITY DRIVE AT ELM AND LOCUST IN THE AMOUNT OF
S77,605).
BACKGROUND:
(See attached Tabulation Sheet)
I
RECOMMENDATION.
We recommend this bid be awarded to the low bidder, Duval & Sons, Inc.. in the amount
of S77,605.
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FS1131AT D SCHEDULE OF PROJECT:
Work will begin as soon as contracts are completed. The projects should be complete in
Ikirty days.
FISCAL INFORMATION:
Funds for this project are available in 199899 Overhead-Underground Services account
(610.103.1031-4360-9300) for the conversion of the electric distribution system along
University Drive from overhead to underground and to service the %%'algreen facility.
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AGENDA [N ORN1AT1ON SHEET sy
FEBRUARY 2, 1999
PAGE 2 OF 2
BID INFOMIATIONt
Bids for this project were received from three contractors in response to fifteen bid
packages mailed to prospective contractors.
This bid is for a total of four underground cross street bores, two on University and one
each on Elm and Locust Streets at University. These bores are for the future conversion
of the electric distribution system along University Drive from overhead to underground
and to service the Walgreens facility.
Respectfully submitted:
Name: Tom Shaw, C.P.N., 349.7100
Title: Purchasing Agent
Prepared by: JJj
Name: Denise H~arpo61)
Title: Senior Buyer
Attachment 41t Tabulation Sheet
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ATTACHMENT 01
TABULATION SHEET
Bid # 2327 DATE: 1/7/9
BORES, UNIVERSITY DRIVE AT Duval S Sons Bowles Oickarson
ELM AND LOCUST Inc. Construction const.
No. Unit DESCRIPTION VENDOR VENDOR VENDOR
1 1 Bore, University at Elm Street $24,860.00 $67,500.00 $55,324.76
1A Bore, Elm Street $13,805.00
2 1 Bore, University at Locust Street $24,460.00 $67,500.00 $56,284.50
1A Bore, Locust Street $14,480.00
TOTAL BID AWARD
$77,605.00 $135,000.00 $111,609.25
WORKDAYS
30 DAYS 60 DAYS 30 DAYS
F BID BOND
YES YES YES
S ~r\ t
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ORDINANCE NO.
AN ORDINANCE ACCEPTING C04SPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR ROADWAY BORES UNDER UNIVERSITY AT ELM AND UNIVERSITY !I
AT LOCUST; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID #2327 - BORES, UNIVERSITY DRIVE AT ELM
AND LOCUST IN THE AMOUNT OF 577,605).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein ; escribed bids are the lowest responsible bids for the construction of the public works or
impro-eme n:s described in the bid invitation. bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
=10,1 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto.
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT I
2327 DUVAL & SONS, INC. 577,605
SEC tiOhl 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 herein accepted and approved, until such person shall comply with
ali requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance cvrtificate after
notification of the award of the bid.
SECTION III. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terns.
conditions, plans and specifica'ions, standards, quantities and specified sums contained therein. R
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SECTION IV. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public woes and improvements as authorized hereit4 the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day or. .1999
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JACK MILLER. 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;
2?27• BORES, UNIVERSITY AT ELM AND LOCUST ORNSANCE
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Apind4No.,tiW~! -
QQ~ ~
AGENDA INFORMATION SKEET Ap°^da Item
ra_c-c
Date
AGENDA DATE: February 2, 1999 Questions concerning this
acquisition may be directed
DEPARTMENT: Finance - Purchasing to Chief Chadwick 149-8101
ACM: Kathy DuBose. 349-8228 ft
Sl'WECT:
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF EMERGENCY MEDICAL SERVICES (EMS)
SUPPLIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID #2311- EMS SUPPLIES AWARDED AS LISTED
ON ORDINANCE EXHIBITS A, B, AND C, ESTIMATED ANNUAL EXPENDITURE IS
APPROXIMATELY $120,000).
BACKGROUNI D:
(See attached Tabulation Sheet)
RECOMMENDATION:
We recommend this bid be awarded to the lowest bidder meeting specifications for each item as
listed on Exhibits A, B and C.
ESTIMATED SCHEDULE OF PROJECT:
This price agreement will remain in effect for one year from date of award and may be extended
for one additional year with all prices, terms, and conditions remaining unchanged,
FFI ',S' • INFORMATION:
Funding is available in the 1998 99 ESIS Fire Department budget.
BID N'
~ This bid is for the annual supplies utilized by the Emergency Medical Services Division of the
Fire Department, The supplies are primarily disposable or high wear items. They will be
purchased as needed from the awarded supplier.
Respectfully submitted:
i
,tame Tom £haw. CP.At . 349.7100
Title: Purchasing Agent t A`. '
.V:achmcnt 10. Tabulation Sheet
11'I. AGENDA
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Bid 9:23JI Date: 12110198_
EMS Supplies
IT QUAN. DESCRIPTION Vendor Vendor Vendor Vendor endow Vendor
Emergency Smifln"etem
MAKIN ProMeOle 6rrW9ency BoundTree Medical Emergency
Medcal he Medical Prod
Supply Ea lp
WMO Ttk
Airway. ErAeb-dxal Tubes
(Hudsgn,ScNzh, R1:xh. or MaMlndlodl, Intermediate W-1e)
1 40 2 Smm, unaNed 1.30 125 1,04 1 25 1.45 1.25 EMP
2 40 ~ 0111m, ura ffed 1.30 1.25 1,04 1 25 1,45 1.25 EMP
1
3 40 4 Ornm, uncuBed 1.30 125 1.04 1,25 1.4 i 1.25 EMP
4 60 5 01, m, unaNed 1 30 1,25 1,04 1.25 1,45 1 25 EMP
5 60 6Omm, culled 1.75 1.19 1.29 1.69 170 1.41 EMP
6 150 7.Omm, cuffed 1.75 1 ?0 1.29 1.69 1.70 145 SIP
T 150 5Omm,cuffed 1.75 160 1.29 1.69 1,70 1.45 EMP
_ t
9 60 9 0mm.culled 1.75 179 1.29 1.69 170 1.45 EMP
r~
Amway, Endobacheal SMeOe, (Mallinckrodl Salim-Slip )
9 150 A&H. 10 254 2 46 1.69 2.77 2 27 2.20 EMP '
10 40 C111W, t01r 254 2 46 1.6) 217 2.27 220 Ell
II 20 `Pedi, 66 2.54 2.46 1,6:1 2.77 t.21 220 EMP
anxay Nasopahryngeat, ULTRA Roberlaid `x
~s
12 50 201r 2.54 1.95 171 2.02 113 1,90 EMP
13 y 50 2411 254 1.95 1.11 2 03 113 1.00 EMP
14 50 2911 254 1.05 1.11 2,02 1.73 1.60 EMP
15 50 306 254 1.95 1,11 2,02 1.73 1.60 EMP
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16 50 321r 254 1,95 1.11 202 173 L60 EMP
==40,tynn packaged, Berman Dual Charnel
I7 50 021 020 011 029 032 025 PROMED(X
16 50 0 2 1 020 0.11 0.29 0 32 0 25 P714NAE Wx
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Bid #:2311 Date: 12/10198_
EMS Supplies
ITEM OUAN. DESCRIPTq Vendor Venda Venda Venda IMed1cal Vendor
sou0 easlem
Medical lno. Rokledla MedlwanProd 9ouMiree Emergency
Equip.
AWARD T0:
mm 021 020 011 029 0.25 PROMEDDC
60
20 150 91 0.21 ON 0,11 0-,1 0 32 0.25 PROMEDIX
21 , 100 100mm 0 21 0.20 0.11 0 29 0.32 0 25 PROMEDIX
22 150 ET Tube Holder. Endo-lok 3.10 175 2.44 10.31 248 2.65 EMS
23 24 Amway, Scalpel, sterile, it I Blade no bid 0 55 0,35 0,40 no bid 0.40 IMP
24 96 Aicohet, Isopepr1,16ot nonbeakabei bottle 090 0.64 0.72 0 93 0.44 0.54 EMS
25 $8 Ilackboard,I13M;-PAK)orargcwrpins no bid 15000 101.00 16090 145,00 SOUTHEASTERN
26 600 Bandage!, Triangular, Large I J81) 0.45 0,44 0.21 0.12 0.315 021 PROMEDIX
27 1000 bandages, S$ Klrng 4' s75', slerlle, IndlviduaMy pacFaged 550 0.86 0.885 0.78 ! 0,62 0, 75 IMP
28 20 BX dan0 Aids I' Slap! 1.50 q 50 0.99 3.18 1.98 325 IMP
29 10 BX 9and Aids, 7 Slrips 40 5.13 4.85 $.54 3 D6 525 IMP
0l(0flAZARD S( PPI IES
VIIINEX I
30 46 4o1 bottle wl pip lop. No Rinse Gel 250 1.79 2 D4 2.96 256 2 25 PROMEDIX
31 :4 0004N Refill U Wall Dispenser no bid 590 ?"11) 924 1.00 no bid P"EDIX
32 6 Wr q Dispenser for 600m1 Refill - no bid $05 $05 7.28 3 61 no Md PRUMEDIX
I ENVIROODE f
33 24 24o1 bollle w/ $player 5 30 3 95 569 1.17 6.42 5.X. PROMEDIX
34 6 I gal bottle. n:hil 1430 1695 17.09 1200 1? 03 17.75 PROMEDIX
V
(RED2f 100 SOLIDIFYING r'OWOER
35 120 7501 Packet no bid +0 79 no bid cog no bid no bid SOUHDTREE
36 24 Stu ShaHcr Butte 420 413 338 1q old rib bid 80UNDTREE
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Bid #:2311 Date: 12!10198
EMS Supplies
ITEM QUAN. DESCRIPTION Vender Vendor Vendee Vendor Vendor Vercor
Emergenq Sau6ieaslem
Med'walIna pmmedx Medical Fired B01^dTrea Mei Emergency
Supply Equip.
AWARD TO:
37 12 1602 00104 no Did 5 25 rabid 6.19 no bid no bid BOUNDTREE
36 150 Disposable Scoops no bid tDO no bid 014 no bid no bid BOUNUTRE£
39 1000 1110 Bags,/.10 gal, 3mil Clio 0 DD 0 025 0.10 0 057 0.07 SOUNDTREE
40 120 3M N95 Respirators 0.703 0 69 0.613 0.94 5.06 no bid EMP
41 240 FIUIDSHIELDw1wraparound Splashguarddsor 24.00 1,04 0.630 0,67 1,53 0.62 EMP
42 150 Goggles (Uvee Aslro-Speo 3000 wl black Paine R Gear lens) nobd 4.31 2 21 4.31 rebid no bid BOUNOTIll
I Tyvek I Coveralls ,
43 20 large no bid 3.64 2.54 2.97 no bd 4,35 EMP
4. 44 fig x large i no bid 364 2.54 2.97 no bid 590 EMP
45 60 XALarge no bid 384 2.66 3.12 no bid 5.90 EMP
46 SDO ,ilankels,disposable. yen**IRoehampton) 296 2.75 1.56 395 315 162 PROMEDIX
111,000 P14ESSURE CUFFS
47 t2 Hand Anerad 5phygrtomanorneler )Tycs) no bid 111.25 116.19 217.35 6951 8200 .SOUTHEASTERN
W att sirPs Adult, Ig Adull, 6 Thigh
46 4 Pedia Inc Blood Pre$Sll!I Nil, I Tyros) n0 bid 145.66 119.59 193,59 eee above 126.00 SOUTHEASTERN
49 3 Wall Aneroid, I Tyros) no bid 101.00 $529 134,60 57,90 66,50 9OUTHEAST£RN
50 3 Automaee, I Osc["ale 9000 BP Monitor no bid 179500 1339.00 1666.42 1395.00 EMP
Calhetcr, IV I PROTECTIV )
1 51 30.3 14g3 .1 V4* 2259 1.02 1,666 2,19 217 112 EMIR
52 6DO 15gae1114' 2259 1.92 1.666 2,19 217 142 EMP
53 2000 16ga A 1 V4' 2 259 1.92 1.676 219 2.11 1.92 EMP
54 2000 209as 11,4' 2259 1,92 1,678 219 2,11 1,92 EMP
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Bid Mal L Date: _J MM
EMS Supplies
ITEM OUAN. DESCRIPTION Vendor Vendor Vendor Vendor Vendor Vendor
Ernergency Southeastern
Medical Inc. ProMadlx r4edical Prod BaundTree Medical Emergency
Supply Equip.
WARD TO.
55 200 221 s 1' 2.259 1.92 1,686 2,19 2.17 1,92 EMP
58 100 24ga x 314' y 2259 1 92 1,666 2.19 2,17 1.92 £MP
57 IDO Calheler, IV I Aegiocaths) 14ga s 2' 5200 .1.10 0.062 1111 1 DO 1.48 EMP i
Cervical "ars, ( STIf NECK
56 50~ Baby No, Neck 4.71 4,15 $,96 691 S.0o 4.25 £MP
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59 50 Pediatric 417 4.15 594 6.91 5.00 425 EMP i
eD 500 No-Neck 4.71 4.15 5.96 e91 500 4.25 EMP
61 300 Shod t y? 4.15 5,96 8 91 6.00 4 25 EMP
Gl 50 Regular 4 77 4.15 5.98 eel 500 4 25 EMP
(13 50 Tall 477 4.15 596 691 500 4.25 EMP
i)RESSINGS, sterile
tW 400 UK 4A4 12pIy gauze sponges Ppad J 8 J O 2317 3 36 2.95 290 143 2 0S 3,10 PROMEDIX
65 4 CS 4d 12ply gaute sponges IWtub J & J IT 2322 1.05 110.06 55 24 104 26 66 56 83.00 PROMEDIX
66 100 SURGWAD 5' X 9' 0.176 0.20 0,154 020e 0.1225 CAS PROMEDIX
67 I CS MULTI-TRAUMA DRESSING, ICURITY 1 1.54 71.60 5840 13850 Cd DO 125.00 PROMEDIX
68 50 VASELINE GAUZE, 3' 119' 064 062 0579 0 e7 0.58 0.41 PROMEDIX
69 IOU Eye Pads. 2 U3' 12 5re' 1 76 0.18 0.134 0.152 1 332 0,13 PROMEDIX ;a
70 6 Drug Case, (Pelican, Boundtree Hard Drug Case) no bid 121.52 no bid 263.95 281.56 no bid BOUNOTREE
71 SU DZ Gnusis Uags, I CONVENIENCE BAGS) 1260 1066 OD? 11.99 11.40 11.41 EMP
GIOVES. I Mvaole., Synelron)
72 50 BX Medium 6 59 6 25 560 669 690 612 1
73 350 BX large 6 59 6 25 5.60 6 09 090 6.12 EMP
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Bid #2311 Date: 12/10/98
EMS SuppNes
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ITEM WAN. ESGRIPTION Venda vendor Venda ends ►ndar Vendor
_ Emmpency Southeastern
Medical lno. PrvMedlx Medical Prod Boundiree Medral Emerpenq
Supply Equip.
WARD 70:
14 700BX X1arpe 6.59 6.25 5.60 6.69 6.90 6.12 EMP
75 600 Headbed It CID 4.05 3.66 3,49 394 3 91 390 EMP
16 - 100 Head on Disposo-Baps no bid 326 2.96 3,45 714 335 CUP
71 50 Hemostats, Kelly 5 1r2' stainless steel 1.35 1129 0.54 1.03 099 1 2E EMP
16 50 Halster, I Ressonder, It. 1 1.00 325 5.10 2.99 29( 3.15 EMS
IV FLUIDS A ADMINISTRATION SETS I BAXTER )
79 2500 0 9% NS 1000(N Baxrer Vianex no tmd 119 1 16 1.57 no bid 1.63 PROMEDIX +y)
N0 2500 IaJll S(Auitvi Sot. 65' wl 2 Injection sites, Baxter 0 2C5423s 260 1.49 2.11 2 26 099 D.AT PROMEDIX tr
61 96 60pft Sdulm Set, ES' wl 2 InjeGidn sites, Baxter P 2054245 360 1.49 3.19 350 no bid 3.52 PROIMEDIX
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e2 150 K-YJELLY, FOIL PACK 2It; 0013 0.034 0.04 6'101 0.97 0031 PNOMEOIX
LARYNGOSCOPE BLADES E HANDLES
83 Q Harodle, stainless steel ( Ruscn ) e-Q11 baneq sue 11.94 15.95 11,09 124E 14.50 13.95 EMP
Blades, disposables. I Rush We Blade 11
Miller
65 40 0 4.44 3 65 3.72 4.16 4 54 4.20 EMP
136 40 1 1,44 305 3.72 T1a4 4.20 EMP
tl7 50 - 2 4.44 365 3.12 4.20 EMP S
hE 80 3 4.44 3 65 3.12 420 EMP
Maorrlustl
E0 50 2 4.44 3.65 3.12 4.20 EMP
r BO 3 4 44 3 65 ' 3, 72 4.16 454 420 EMP
4 4.44 3 BS 372 4,16 1.54 _ 4 20 1P
91 60 EM
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Bid #,2311 Date. 12110/98
EMS Supplies
Ill EM OUA D53I T N Vendor Vendor Vendor Vendor endue I Vendor
{
Emergency Soulnesslem
Emergency
Medical Inc. ProMedis Medicat Prod BoundTree Medical Enwrgency
supply Equip.
AWARDTO:
Magill Foceps, slainksF sloe1
72 12 Adult 1.67 4.25 3.60 3,65 335 1.00 EMP
93 12 Pediatric 4 51 4 25 3,60 3 65 3.35 400 IMP
64E T TAGS
94 600 A.rpon 49.0 0.41 0,412 0.77 0,20 010 PA014E0IX
95 400 Hospi!al 490 0.41 rabic 0,735 0,30 0.70 PROME0IX V
90 50 Morgan Lenses no bid U.OS no bb 13.17 12.73 no 1116 111OUNDTRlE 3
NEEOLES
91 200 l8ga 0 064 Cos 0.04 0 603 4 40 0 035 IMP 1i
96 200 2283 0064 005 0,04 0603 4.40 0.035 IMP IIII
90 200 259a D.D64 0.05 0.04 0603 4.40 0.035 EYl
100 200 Normal Saline Ingalion Sdo'". 250fN bottle, ( 6asler 0 2F 1122) no Nd 0.05 1.10 1.32 196 1.29 E1
1nI 18 OBt(IT dnposable,in plashcwrappin9 550 540 440 477 4.62 440 IMP
00GEN SUPPLIES
102 6 02 REGULATOR ( LSP Rhino w12 GISS PORTS) 15500 161 W 12140 101.61 155,05 15000 IMP
02 Masks ( Bader of Hudson )
193 '1500 Adult Nunrnbrealner(DaRlee10012031 1,10 1,01 tl,96 1.35 1,00 1,01 P140MEOD(
104 200 Pediatric Nunrebrealher ( Hudson 010581 1.30 1,34 0.09 592 7.07 1.13 PROMEDIX
105 200 Nasal Cannula ( I lAlson 01103 } 0 37 0.39 0 33 0 30 0.35 038 PAOMEOIX
100 200 02 lut ng 64' 030 0.30 021 0.33 0 35 0 32 ►ROMEOIX
101 200 Nebuerers, ( Basler Mlsty.*b 002038 1 no bid 1.03 0,73 1.30 Doe 1.311 PROME09X
106 a 02 Fbwnxb,n, brass Ohmeda OC 1 16 23 34.00 1120 34,64 30 01 Ro bid MATRIX
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Bid #,2x11 Date: 12/101$$
EMS Suppties
ITEM OUAN. p RIPTI N Vendor Venda Venda Venda Vendor Vendor
Emergency Southeastern
MJOI Medical Inc. Prow(I Medka~Rod BoundTree Medical Emergency
supply Equlp. AWARD T0:
109 4 Regulator, line, 50;31 preset ( Western } 60 bW 6500 61110 6000 61.05 no bid BOUNDTREE
rack e, but 6 cold
110, 320 Kwlk Heal, t Barter R 211) no bid 0 42 0 336 103 0 35 1 13 PROMEDIX
l i t 16D Kwlk gold, 1 Bader M 101( no bd 0,46 0.283 0.16 0 46 0.66 PROMEDIX
112 300 Pieows, 16'x22' Fluid Rosletanl covering 220 2 Si 1,689 7,15 2 32 3 65 EMP
PREPS
I t3 too DX Alcohul, large I Kendall Webool 200 2.16 1,00 1.17 1,70 nom BOUNOTREE
It4 50 TmdureofOcntomIPOI01424501 wNd u,18 0.162 0 .t64 to bid 1,38 B0UN0TREE
115 50 Nail Polish Remover I P010 6112001 0.043 0,04 0 033 0 295 no Nd 3.43 BOUNOTREE
a~ Ito 50 Povidomlodine SWABSTIQ, (0112) 0.115 0,12 0070 0.105 0,14 1,57 BOUNOTREE
PULSE UXIMETER
11 r 5 Hand Held.(BCI 3301 hr1 rasa 6 rewable adult finger probe 600 00 50500 440.00 505.00 42500 568 50 EMP
lie 6 Adult Frgcrfhobs,repliomenl 22000 13523 176,00 156.06 gala 20500 EMP
119 6 f4d alnc Finy r PruM 15600 123.40 17x00 158 00 08.18 142 DO EMP
j 120 15 Ring Curler, slainless 0101 10 21 11901 5.79 8.44 6 55 11,15 f tip
121 IS I I ingCuller Blades 2OD ?,.S 2.55 201 2.33 1,05 IMP
122 J50 sdssora bandage, 5 Ir2' efainkss steel. I.Wer t 30 1.50 0 04 1.12 109 1,00 IMP
123 200 Sesaors.baumaehears, Medicul?Inrwrorange handle 230 325 191 209 1.76 1,50 EMP
SHARPS CONTAINERS .
124 100 I Pint rod I Sage 1 no bid 3.30 1 63 148 M bid 1.51 60UTNEAITIRN
125 50 WALL SAFE, standard no bid ? 0 no l W 255 no b'1 215 SOUTHUSTERN
126 50 WALL SAFE, small rabid 350 no bid 235 noNd 1,02 11OUTHEASTERN
Bid #:2M Date: _ VJtQ&6
EMS Supplies
ITEM OU N. DESCRIPTION en Vendor Vendor Vendor Vendor Vendor
Emergency Southeastern
Emergency McMdral inc. ProMedlx Prod. BoundTree Medical Emergency
Modal
Su" Equip.
WARD TO
121 6 5 Ouarl waI enclosure w, glove dispenser ( Sage 0 S5%H) no bid 62.50 no bid 36.92 rho bid 58.00 60UNOTREE
128 40 5 Ouad SharpStai Contalner, Ned I Sage 17 8509 } 3.45 4,65 no bM 3.53 no bid 4.30 SOUNOTREE
129, 5C Shoots, bmn,sledle,001%96' 100 6,17 3,40 4 a? 34j' 385 EMS
130 24 SherSwaddler 3,90 669 3.78 544 3,50 3.115 FMS
SPLINTS AND IMMOBILIZERS '
111 6 Fernoeac,Adult 21000 140.00 161,00 209.74 see bid 195.00 EMP
131 3 Fernolrac, Ped 21000 adlto aduft 161,00 201.74 see bid 195, DO EMP
133 6 Ankle Wich, Reptarn ment of each 1395 14 58 16.19 2895 see bid 1000 EMP I
134 3 kEU,Ferno 122.10 0625 106,00 t21,92 us bid 115.00 EMP
u 134 3 PEDIPAC, F•rno 250.00 23500 20100 22935 see bid 215,00 EMP
130- 24 Slelhoscops. I Ldtmann Classic I) no bid 20.95 44.60 51,50 see bid 54.75 PR0k1E01X
1348 Straps, bad bond, 2-pieur, S'wl swivel 4uick chips 6.30 1095 5,05 10.16 7,03 t15 EW
w 138 24 sbewhei, 2 piece, 5', maroon I Femo Model 430 ) 7,50 7.82 9111 1086 1080 6.00 EMP
139 24 west restainl ( Nino Model 414 R) 26 00 1178 26.30 14,92 2000 8 25 EMP
SUCTION SUPPLIES
Calheters. sterile wr vent r_
140 50 101r 0.46 0.53 044 0,48 0.49 1`135 amp
0.46 0.53 ON 0,48 0.19 0.36 IMP ~
141 50 I/fr
141 100 ~t611 046 0,53 0.34 0,48 049 0.36 EMP
143 100 1efr 0.46 OS3 ON 0.16 049 0.36 amp
144 200 yankauer, sler0e, wl vent Ind 6' tubing 1.67 2.16 1S7 1.50 0,62 200 EMP
.115 10 Bulb S /tinge 202 300 1.03 0.77 047 oil DID EMP
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Bid #:2 all Date: -MM
EMS Supplies
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ITEM OUANOE C ION ender nldor Vendor Vendor Vendor %vf4w
Emergency ScutMeslern EIMVIO blll na ProMedll I P BoundiTres LAedinl Emergency
Medlca
Supply Equip.
AWARD TO:
aposable Cannislers 1,200ob
146 50 Basler Mel v,e Guard an no bid 4.39 2.51 2 73 2 26 2.70 EN P
137 50 Bemis System III no bid 275 1,64 2.40 2,12 2.02 EMP
V VACS
146 15 5lartor Kits 62 95 57,51 6510 02.34 62.63 63,00 EMP
149 30 ReplacenwrIlCarbidge 11.00 1026 6.24 11,03 1075 11,10 EMP +
150 4 Ponalble, I S-SCORT'TEM) 15000 499.39 347.00 790,91 no bid MOO 60U13;-:ASTERN
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SYRINGES
151 200 1cc W 250a a 5'6" needle 0.14 OAS 1 0.091 014 0,100 0.10 EMP
152 200 10cc Luer tapered 0,11 0.13 0110 0.16 0131 0,13 EMP
153 100 60cc Lath lipped 0,66 0 56 0.64 0,65 0.660 0.02 EMP
WE
154 W b. 1' 13M Transpose) 1150 12 25 10,09 14,10 $37 900 EMP
155 5011 2-1 J67 Zorns) 960 11 75 0.63 10.66 947 10,50 EMP
I % 1500 toum quets. Penrose drain, slerM, adlvdually packaged, 1"a 16' 111 017 now 0,51 no bid no bid 60UNDTREE
157 20ba VENI-GARD.IVSitedrling 5200 H260 3366 3362 As 94 40.00 BOUNOTREE
PHARMACEUTICALS
t 5tl EO Aa,aose Aqua, 25gm Will ro bid .:5.310 0,66 no bid nd bd EMP C..
159 50 Adenovrd.IV,3myml,21193DV n0 bid 24.90 32,60 nobid no bid IMF
1Ii0 300 Abulerol, 2 5mgr3ne, Pleml4 no bld 0,36 052 no bd no bid EMP
161 200 Auupirw Sulfale. IrIVI A, PFS no Lld 1.06 2 33 no bd nobd EMP
1167 100 Uenadryl.50iniPFS 1.63 2.06 no bb nobW EMP
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Bid #:23A Date: _42110M
EMS Supplies
ITEM OUAN. OESC IP N end07 Mdaf MQN a or ender V1101110
SOUCOON m
malfix Medca Ina Prd~dedx Medicail BoundTree Medical Emar0lncy
Su9WY EQUIP.
WARD TO,.
163 50 wily um, 50&VIOmi, PPS ft bW 4.2P 3,20 3 SJ no bid no bid IMP
164 150 Dextrose 50%, Sdnl PPS At) G5 3 3n 2.24 30? now no bid EMP
165 36 Dopamine 400n W 2WrN DSW BAG no bid 15.00 10.00 14.82 no bid no No! EMP {
166 100 EplnePN", Imgrlml, PPS no Did 290 029 2.05 no bid no bid LOCAL VENDOR
161 400 Epimpnrine, I mVIOntl, PPS no bid 3 40 2.01 200 m bid no bid IMP
165 100 Low, 4Urny4ml, PPS no bid 3.00 2.10 2.3S no bid no 44 EMP
169 200 LWacalne, 2% 101gt". PPS no bid 2.111 1,83 2,58 no DM no bid EMP
110 36 Lld=irm, ig"250mi DSW, BAD no bid 7.05 4,52 519 no bid no bid EMP
F' 111 50 Rome:lcon,,tmyml5nv,VW noNd 40,67 no bid 4666 no bid no Did 1WNOTREE
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J172 100 Naran, t(nyml, 2mi PPS Ad bW 21,73 1 ?.4? 1345 no DW no bW SOUNDTREE
173 50 Nitrdinguai Spray no bid 29 92 2712 3235 no kid no told IMP
174 50 Sodum91arb84%,SOrN,PP3 no bid 3.04 2,52 $,06 no bid no bid P
115 50 Telraame Open Sd 0 5%, Dapper Tube oa bid 300 no bid 2,85 no 6W no bid IOUNOTRIE
Delivery, ARO (date} / 2 310 S 7 b 1 f b 3
awarded Vendd
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ORDINANCE NO.
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AN ORDINANCE ACCEPTING COAIPETI'TIVE BIDS ANV AWARDING AN ANNUAL CONTRACT
FOR IIiE PURCHASE OF EMERGENCY MEDICAL SERVICES (EMS) SUPPLIES; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID #!2311
- EMS SUPPLIES AWARDED AS LISTED ON ORDNANCE EXHIBITS A, B, AND C, ESTIMATED
ANNUAL EXPI'NDITURE IS APPROXIMATELY $120.000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of ncc ssarv materials, equipment, supplies or services in accordance with the procedures of STATE
law and Cit., 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 scn ices as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials.
equipment, supplies, or scnices, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID
NUMBER VENDOR ASIOUNT
2311 E.NIERGENCY MEDICAL PRODUCTS EXHIBIT "A"
2311 PRONIEDIX EX14I91T "B"
2311 MATRIX EXHIBIT "B"
2311 EMERGENCY MEDICAL SUPPLY EXHIBIT "C"
2311 BOUNDTREE EXHIBIT "C"
2311 SOUTHEASTERN EMERGENCY EQUIP, EXHIBIT "C"
SECTION II. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms.
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting approved and accepted items
and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his de: ignatei representative is hereby r
authorized to execute the written contract which shall be attached l(ereto; provided that the written z A~ ,
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted,
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SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contact made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this day of .-11999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS TO LFuAL FORM: 1
IIER13ERT L. PROUTY, CITY ATTORNEY
BY: {
1711 SUPPLY. ORDINANCE.
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EXHIBIT "A" a
EMERGENCY MEDICAL PRODUCTS
PRICE
ITEM QTY DESCRIPTION
Airway, Endotrochoal Tuba
(Hudson,Sohach; Rueoh or WrIlnckrodt, Inyrmadiale M-Lo1
1 40 2,&W. uncufkd 1.04
2 40 3.Omm. unc46ed 1 Ai3
3 40 4 dnm, uncuUed 1.04
4 60 5.0mm, unarted 1.04
3 60 O.Omm, culled 1.29
6 150 1.Omm, abed 1.29
7 150 a amm, euled 4.29
S 9,Omm,tuffed 1,29
Airway, Endotrachae) Stylehe, I Mal l lnckrodl Sol
9 150 Adult 14fr L84
10 41 Chitd, 10 _ 1.89
11 20 Pa. 6h 1.89 1
Airway, Natopahryngsol, ULTRA Rol
12 50 20h 1.71
13 SO 20 1.71
14 50 2ah 1.71
15 50 3Ofr 111
to 50 32fr 1.r
23 24 Airway. Scalpel, sterile, x11 Blade 0.35
27 1000 Bandages, Sol-K11ng 4' 05', steNe. Individually packs ed 0,665 ,
28 20 BX Band-Aids, 1' Strips 199
29 10 Sx Band-Aids, 2" Stops 1.65
40 120 3M NO Resplralors 0613
41 240 PLUIDSHIELO wr wraparound Splashguard vlsor 0 630
(MEK) COVERALLS
43 20 Large 2.54
11 60 _ X•laigo 2,54
45 60 xx"rge 2,66
50 3 Automate, C Osciltornate 9000 BP Monitor 1339.00
Cotheltu, IV ( PROTECTIV 1
51 300 14ga x 1114' _ 1888
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52 600 16ga x 1 14' 1.868 f
53 2000 lags k 1114- 1,676 ii
54 2000 20ga a 1 1A' 1.076
55 200 22914 s 1' 1.888
56 100 gaga x 34, 1.6614
51 103 Catheter. N I Mglocaha)14ga x 2 0,962
Cervical Collars,1 STIf NECK 1 -
5a so Baby NO-Neck 5.96
59 50 Pedmtnc 596
60 500 No-Neck 5,96
61 300 Snort S96 '
62 50 Regular 5.96 f y r A
63 5o Tau
11 50 D2 Emess Sag%. I CONVENIENCE BAGS) 9.01
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EXHIBIT "A" +
EMERGENCY MEDICAL PRODUCTS
f EM CITY DErC'Ft1Pr0N- PRICE
OL 7, i 7lcro11eX. Syrlelron►
72 so BX Medium S,Bo
73 350 BX large 5.50
74 700 BX X-large 0.60
75 800 Head bed 11 CID 3.48
76 100 Head On Dispos o-Bags 2.96
77 50 Hemoelets, Ketry S VV, wiNees sloe' 0.54
LARYNOO COPE BLADES A. HANDLES
83 12 Kindle. stainless steel, I Rusah ) sail battery size 11,09
Blades, disposable, I Rwsch the 84111)
Miller
05 40 0 3.72
66 40 1 312
87 60 2 3.72
e6 60 3 3.72
Macintosh '69 60 2 !3 I
90 60 3 ,72
80 4 3,72
ill recaps, etainteu steel
92 12 Adult 3.60
93 I2 Pedratri 3.60 l
NEEDLES
97 200 INS 0.0 t
96 200 111 0,04
99 200 25ga 0.04
100 200 Normal Saline V atlbn Solubon, 250ml bottle ; Ba,ter a 2F71211 1.10
101 10 OBKtT dlsposibte, in plastic wrepp- 4.40
OXYOEN SUPPLIES
102 6 02 AEOULAT0R ( LSP Rhino wl 2 DISS PORiSt 117.19
N2 300 Pibows, I PJ's2Y Fuld Resistant covering 1,669
PULSE OXIMETER
117 S Hand Held (SCI 33011w1 use S reusable adult Anger probe 44990
116 6 Adult Finger Probe, rrpkdment 176.00
110 B Pedklnc Fogel Probe 176.00
120 15 Ring Cuter, stainless steel 619
121 15 Ring Cutler Blades 2.55
122 so Scissors, bondage. S 111' stainless steel, Lister 0.94
123 200 SUesara, trauma Mears. Medical 7114' w1 orange handle 1 21
SPLINTS ANO IMMOBILIZERS
131 6 Femoli Adult 161,00
132 3 remoboa.. Pedl Ill 00
133 6 Anti Hitch Replacement for each _ Sato
-'134 3 KED,Fenno 106,00 /
135 3 PEDI-PAC. remd 201,00
137 48 Straps, ba0board, I-pku. S' wl swivel paida caps 805
138 2 4 stret"i;11 5', maroon ( rii Model 4301 9.78
139 24 what reatarnt ( Femo Model 414~111) 28 30
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EXHIBIT "A"
EMERGENCY MEDICAL PRODUCTS
ITEM OTY DESCRIPTION PRICE
IUCTION SUPPLIES
Cath elers, sterile Wit want
u0 50 tort 0.34
141 50 _ 1411' 014
142 100 16h ON
143 100 lair 0,34
144 200 Yankauar, sterile, wir ve nl and e tubing 1,67
145 40 Bulb Syringe tot 0.77
DlpauEle Conrlleters 1,200ue
148 50 SarlerMedi.VacGuard'ian 2.51 ~E
147 5o admit system III 1.64
V•VA06
146 15 Starter Kits SS,2u -
149 30 Replaumenl Cartri 0.24
SYRINGES
1S1 200 1cc wr 25go a d6' needle 0.091
732 200 1Doc Luer tapered
0.110
133 100 60ce in
uo d O ti64
TAPE
1 S4 SO bs V 13M Transom I 10,09
157 501 2' 1 J&J Zonas) 9,63
PHARMACEUTICALS
158 5o Accdose-Adua.2 m looms 5,39
159 i0 Adenocard, W. 3m 'ml, 2nv SDV 24,96
160 300 WDWordl, 2.Sm lml, Premix 0,36
161 200 Atropine Sulfate, 1mytOrni, PFS 1.98
182 100 8enadM, 50mg, PFS 1.63
183 50 8reryllum, 500mgr10ml, PFS 3.20
164 150 Dextrose 50%, 50ml Pi 2,24
165 38 Dopamine 4DOmy 250ml DSW SAO 10.05
187 400 Epinephrine, 1mylOml, PFS 2,04
186 100 Lasiv, 40m9Aml, PFS 2.10
169 200 LWou is. 2% 100 5m1. PIPS 1,63
170 36 _ Lidocims, 1grv250rM 061V. SAO 4,62 €
17J 50 Nitrohir al Spray 012 I
174 se Sod-um B,cam 6.4%, 50ml, PFS 212
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EXHIBIT "B"
PROMEDIX
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ITEM QTY N PRICE
AIRWAY ORAL. , STERIi INDWIDUFJ.LY PACKAGES, BERMAN DUAL CHANNEL'; ;
11 so IOmm 0.20
16 so Gomm 0.20
19 150 Gomm 0.20
20 150 90mm 0.20
21 1DO t0omm 020
26 630 Bandages, Tdanguur, Large (JSJ I O.u
30 46 lot bodle wl flip top, No Rinse Gel 1.79
31 21 500ml ReAll kr W31 Dispenser 6.00
32 8 Wan Dispensar for 8Doml Refill 6.05
(ENVIROCIDE) i
3J 24oz bottle w/ spryer 5.05
JI 8 1 gal bottle, rem 16.95
16 300 Blankets, d1e00sable, yettcw I Roehamptonl 2.75
DRESSINGS, sterile
Sit 100 Bit 61 12pty gauze sponges 2/padi J G J O 2317 2.97
65 4 CS 64 12pty gauze sponges 10Aub J 6 J 0 2322 110.00
66 100 SURGIPADE'XP 020
87 1 CS MULTI-TRAUMA DRESSING, t CURITY) 7750
as 50 VASELINE GAUZE, J' X 9' 0.82
69 100 Eye Pods. 21/6' x 2 &S' CAS
IV FLUIDS i AOMINISTMTION SETS (BAXTER)
79 2500 0 ,9%NS 1000ml, Baxter VleAni 1.19
60 2500 1 Nit SON110n Sol, 85" wi 2 Injeciton miss, Baxter 0 2C542Je 1.19
61 9G 5N" 560011 Set, ay wf 2 In1ecllen ates, Baxter a 2CU24 s 1.10
82 ISO K-Y JELLY, FOIL PACK 27gm 0.031
METTAOS
94 600 Airport 0.11
95 100 HMiW 0.11
02 Meeks ( Baxtw or Hudson
101 2500 AduR NOnrobreather (Paxter 8001203) 1.01 i
101 200 Pediatdc Nonnbrea Ner (Hudson 01056) 1 01
105 200 Nasal Cannuis (Hvdson R 1103) 0.39
100 200 02 tubing W 0.30
107 2D0 Nebugzan, I Baxter Miety-Neb 002036) 1,03
Peeks, lid 6 cold
110 320 Kwa.HeaL (Baxle/ 0 2111 0,12
111 160 Kwlk•Kold, I Baxter 0107 I r. D.15
136 24 Slo"Cope, 1 LlttRiann Clasalc a ) 20.95
EXHIBIT "B"
MATRIX
ITEM !TY DESCRIPTION PRICE r A
108 6 02 Flo*"Iors, bass Ohmede 100 18.25
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EXHIBIT "C"
EMERGENCY MEDICAL SUPPLY
ITEM QTY DESCRIPTION PRICE
22 150 ET Tube Holder, Endo-Lok 2.48
24 g6 Alcohol. Isopropyl, 1801 nonbreakable bottle 0.44
78 50 Holsler, ( Responder, Jr 1 2.90
129 % Sheet& bum, stenla, 60".96' 3,45
130 24 Silver Swaddlar 3,50
EXHIBIT "C"
BOUNDTREE
ITEM QTY DESCRIPTION PRICE
I liZ FLUID SOLIDIFYING POWDER
35 120 .75ot packet 0.69
38 24 Sot Shaker Bottle 392
37 12 1Oct Bottle 6.19
38 ISO Disposable Scooos 0.34
39 1000 Big 6 01-10 Oil. 3mil 0.10
42 ISO Goggles Max Mtro-Spec 3000 wl wack frame 8 dear ler e) 4.31
70 8 Drug Case,{Pellan,Bounctree hard Ong Case) 253.95
96 50 Morgan Lanses 12,12
109 4 Ragulalor, Lk it, 50pk1 prise! ( Western I 60. D9 .
PREPS
113 100 Bx Alcohol. large ( Kendal Webod 1 1.77
114 50 Tincture of Bentoin ( POI a S112450) 0.164
113 SO Nal Palish Remover I PDI a 871203 1 0,290
Its So Povldon-lod'me SWABST iCK I D-112 I 0.105
127 8 S Quart wall enclosure w. glove dispeneor ISige 08$56-H) 30,92 f
128 40 5 Quell SharpStr Container, Red (Sage 06509) 3.53
158 1500 Tuumpuets, PMroH drso. 110111 Wlriduedl eeckage 3, 1•. 1e• 0.51
157 20 bit VENI-GARD, IV Site dress m9 33.62
171 50 RomaticOn, .Sm 'm', ".Vial 46,64
172 100 Narcan, tm ml, 2rnJPFS 13.35
17S 50 TaUaaine Oplh. Sol 0.S%, Druppef Tube 2,55
EXHIBIT "C"
SOUTHEASTERN EMERGENCY EQUIP.
ITEM QTY DESCRIPM14 PRICE
' 23 16 Backboard. IHAK•PAKI on age wl pm0 145.60
BLOOD PRESSURE CUFFS
41 12 Hand Aneroid Sphygmo nanon,e ',t (Tyccs) 6200
wt C"Of epst Adu% L9 Adult, & Papa
46 4 Pediatric Blood Pr®eufe Kit 1 'cgs 1 126,00
49 3 Wall Aneroid, ( Tycos 1 88.50 F ,
_ SHARPS CONTAINERS A
124 100 1 Pint red I SagilI r• 1.57 r I,'
125 Su WALL CAFE,standied 2.15 _
125 50 WALL SAFE, sinaR 1,02
ISO 4 Portable, ( S-SCOR*'tFw 1 894.80
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Agenda No._._ yrOO~ . .
AGENDA INFORMATION SHEET Apcnda item.
Oates s-Q.-
AGENDA DATEt February 2, 1999 Questions concerning this
acquisition may be directed
DEPARTMENTi Finance - Purchasing to Ed licidney 349-8271
ACM; Kathy DuBose, 349.8228 `
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AN ORDINANCE ACCEPTING COMPETITIVE 131DS AND AWARDING AN ANNUAL
CONTRACT FOR TILE PURCHASE OF PLAYGROUND STRUCTURES; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING AN EFFECTIVE DATE
(DID 02326 - PARK PLAYGROUND STRUCTURES. MODLIN RECREATION
EQUIPMENT, INC., IN TILE AMOUNT OF $39,171).
B:1C'KGROUN12:
(See attached Tabulation Sheet)
RECOMMENDATIONi
We recommend award of this bid to the low bidder meeting specifications, McAlin Recreation I
Equipment. Inc.. in the total amount of $39,171. This bid is for the purchase of new modular
playground equipment for Bowling Green, Civic Center and Nette Schultz Parks. The equipment
is to be installed this spring and is funded from the 1996 Capital Improvement Program,
ESTIMATED SCHEDI'LE OF PROJECT:
The equipment will ship 30.45 days after award and installation will be schcMnled at that time.
FISCAL INFORMATION:
Funding for this purchase will be taken from 1996 Capital Improvement Program funds account
(459.03 I -PARK-9743-9107).
Hit) INFORMATML,
The lower b;d of Playground Designs, Inc. did not meet specifications on the Rock 0
Sphere and the Lil Crossing units. The substituted structures are unacceptable based on
design, materials, and play value, Ito
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AGENDA WORMATION SHEET
FEBRUARY 2,190
PAGE 2 OF 2
Respectfully submitted;
Name Tom Shaw. C AL. ?49.7100
Title, Purchasing Agent
Prepared by:
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Name; Dcnise llarpool
Title; Senior Buyer
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Attachment 01: Tabulation Sheet f
Attachment 02: Memorandum from Janet Simpson
1172 AGENDA
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ATTACHMENT k1
TABULATION SHEET
Bid # 2,320 DATE: 117199
Modlin MIracIf clo Jim La Hunter. Playground
Park Playground Structures RecEquip HarparsRec, Associates Knepahtdd Design Inc.
Designs
No. Unit DESCRIPTION VENDOR VENDOR VENDOR VENDOR ENDOR
Civic Center Park Playground
Structures
Modular Playground Equipment
1 1 as GameTlme LII' Crossing Play $9,402.00 $10,738.00 $12,985.00 515,481.00
Unit or equal
Netts Schultz Park Playground
Structures
Modular Playground Equipment E
2 1 as GameTlme 1.11' Crossing Play I
Unit or equal $9,402,00 $10,738.00 $12,965.00 $15,461.00
Modular Playground Equipment
3 1 as Game Rock O'Sphere Play
Unit[ $10,965.00 $9,31100 $11,23600 $11,352.00
Bowling Green Park Playground
Structure
Modular Playground Equipment
4 1 as GameTlme Lit' Crossing Play $9,40200 510,73600 $12,96500 515,451.00
Unit or equal
TOTAL BID AWARD h
$39,171.00 541,525.00 $50,193.00 $57,735.00 $36,76600
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DELIVERY
3C•45 DAYS 30 DAYS 76 DAYS 60 GAYS 6•A WKS
NO BID RESPONSS
RECESS INC.
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ATTACHKENT N2
M All
~GIIVE_
CITY OF OENTON. TEXAS PARKS A RECREATION DEPARTAtE4r
32 r E. MQKINNEY # OENTON, rexAB 7E201 (000) 340-PARK o PAX
(010J ~l0.0JdJ
Memorandum
To: Tom Shaw
Purchasing Agent
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From: Janet Simpson, Assistant Director
Parks and Recreation Depart-nen\
Dare: January 11, 1999
)
Rubfecr: Bid 102326 • Park Playground Structures
Afler reviewing the submittals for Bid #2326 - Park Playground Structures, staff" I
recommends that Modlin Recreation Equipment, inc. be selected as the low bid meeting
specifications. The acceptance of this bid will provide playground equipment for
Bowling Green, Civic Center, and Nene Shultz Parks. The equipment will be instai'ed
this spring and is funded from the 1996 Capital Improvement Program. f
The Modlin Recreation Equipment, Inc, bid for $39,171 met all specifications. The bid
of Playground Designs, Inc. ($38,786) did not meet specifications on the following items.
Supermax Play Structure substitute for Rock 0 Sphere unit
I. Three slide units were specified and included one tube slide, one doubie and one
triple slide, Playground Designs, Inc, bid two tube slides and one double slide. In
addition, the inside diameter on the Supermax tube slide Is 6" less than specified.
2. A molded form "Oraaite" Megarock was specified. This Is the major distinguishing
feature of this piece of playground equipment, simulating the exp^denee of climbing
on rocks, The Playground Designs, Inc. bid Indicates a metal chain and rung climber
as a substitute. This is not tn acceptable substitute based on design, materials and
play value.
Duramax Play Structure substitute for Lit Crossing unit
1. One of the critical factors In selecting the Lit Crossing unit was deck height that
would accommodate younger children using the playground. The highest deck on the I
Lit Crossing unit is 36". This was one of the d:termining factors in specifying Lit
Crossing. Two of the decks that lead onto slides, along with a bridge, on tite
.14 Duramax Play Structure are e,8" high.
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2. Again related to age appropriateness is the Coil Climber that is 60" high, as opposed
to the 36" high corkscrew climber that was specified.
3. One triangle deck specified on the Lll Crossing unit does not appear on the Dursmax
structure.
4. Handrails on the Duramax equipment do not extend the entire lenO of the stain, and
do not provide a lower level rail for younger users.
No colors are indicated in the Playground Design, Inc. bid. The colon specified are
important to match, due to their selection by neighborhood representatives. Staff could
not determine from their bid that Playground Design, Inc, could match the specified
colors.
Due to the number of factors related to the major playground components, the bid of
playground Design, Inc, could not be recommended.
If you have any questions related to this recommendation, please contact my office at
x8274.
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Xc: Ed Hodney
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F Mme c p'aenesAulu'AW1116 da
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT
FOR THE PURCHASE OF PLAYGROUND STRUCTURES; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND TROVIDING AN EFFECTIVE DATE (BID 02326 - PARK
PLAYGROUND STRUCTURES. MODLIN RECREATION EQUIPMENT, INC, IN THE AMOUNT OF
S39, I).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
ofnecessaty materials, equipment, supplies or sen-ices in accordance kith the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager x a designated employee has reviewed and recommended
that the herein described bids are the loxest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
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WIIL REAS, 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 HSF.EBY ORDAINS;
SECTION 1. That the numbere;Ll items in the follo%%ing numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved rs being the lowest responsible bids for such items:
BID ITEM
2326 ALL MODLIN RECREATION EQUIPMENT, INC, $39,171 I
SECTION It, That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase thr materials, equipment, supplies or services in accordance with the terms,
speci fications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, any' related documents,
SECTION 111, That should the City and persons submitting approved and accepted Items
and orthe submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to e,,"ute the written contract which shall be attached hereto; provided that the written
contract is 1 t accordance with the terms, conditions, specifications, standards, quantities and i
spccif cd sums contained in the Bid Proposal and related documents herein approved and accepted. A~ . r,
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SECTION IV. That by the acceptance and approval of the above numbered items of Lhe
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effe.tive im,.tcdiately upon its passage and
approval.
PASSED AND APPROVED this day of , 1999.
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JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _
APPROVED AS TO LEOAL FOkM;
IIEP 9ERT L. PROUTY, CITY ATTORNEY I
BY:
2326 SUPPLY. ORDINANCE.
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Agoijo Nn.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 98.415 BY CORRECTNO THE
DESCRIPTIVE CAPTION OF THE ORDINANCE AND SECTIONS I AND III TO CHANGE
THE REFERENCE TO ORDINANCE NO. 96-014 TO 94.183, AS AMENDED; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY NOT'fO EXCEED S50G.00; AND PROVIDMO FOR AN EFFECTIVE DA'T'E.
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WHEREAS, Ordinance No. 9C-413. which amended the Council's Rules of Procedure to
preserve order, decorum, and security during City Council meetings, needs to be amended due to
an incorrect reference to Ordinance No. 96-014, which needs to be changed to Ordinance No. 94-
183; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Ordinance No. 98 415 is hereby amended by changing the references
in the caption of the ordinance and Sections I and III from Ordinance No. 96.014 to Ordinance
No. 94.183, as amended.
SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase, or
word In this ordinance, or application thereof to any parson or circumstance is held invalid by I
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 or Denton hereby declares that they
would have enacted such remaining portions despite any such invalidity.
SECTION 111. That savt and except as amended hereby, all of the sections, clauses, and
phrases of Ordinance No, 98-415 as amended shall remain in full force and effect.
SECTION IV. That any parson violating any provision of Ordinance No. 98.415, as
amended, shall, upon conviction, be fined a sum not exceeding SS00.00. Each day a provision of
this ordinance is violated shall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to ca,,se the following descriptive
caption of Ordinance No. 98.415, as amended, to be published twice in the Denton Record.
Chronicle, a daily newspaper published in the City a'Dcnton, Texas, within ten (10) days of the
date of the passage of this ordinance:
AN nRDINANCE AMENDING ORDINANCE NO. 94.183, %S AMENDED,
REL %TING TO THE RULES OF PROCEDURE OF THE CiT` COUNCIL, BY
PROVIDING CERTAIN RULES ESTABLiSHNG DECORUM, BEHAVIOR,
AND SE CURITY REGARDING CITIZENS' BEHAVIOR AND CONDUCT AT
CITY COUNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT
TO EXCEED S500.00; AND PROVIDING AN EFFECTIVE DATE
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PASSED ANV APPROVED this the day of, ,1949.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
A vtdWLOLaw DW*&"Wpl.AW A41Iwm*ra '
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AGENDA INFOR<IATION 811 EFT Item-
AGENDA DAM February 1'd, 1999
DEPARTMENTr Planning& Developi:unt
CM/DCM/ACM: Rick Svehla
SMEr f
Hold a public hearing and consider adoption ofan ordinance of the City of Denton, Texas, amen6ing
Chapter 35 "Zoning" of the Code of ordinances of the city or Denton, by revising Section 35.7
"Amendments" and Section 35.44 "Notice of public hearings", providing for new standards for public
notification procedrves used to advertise public hearings required when the boundaries of inning
districts or the regulations established related to zoning are amended, supplemented, or changed, or
when zoning variances, appeals, or special exceptions are made; requiring the use of certified mill to
notify property owners located within 200 feet from a property where a zoning change, variance,
appeal, or special exception is requested; requiring the use of first class mail to notify property owners
located within 500 feet ora property where a zoning change, variance, appeal, or r,,eeial ercu'ption is
requested; requiring the posting orsigns advertising public hearing dates on properties where a zoning
change, variance, appeal, or special exception is requested; by adding Section 35.56 "Access to i
Property / Remedy for Removal of Sign"; providing the removal of a sign posted per this ordinance
constitutes a violation of law; repealing Ordinance 79.62; providing a penalty in the miLrlmum
amount of S2,000.00 for violations thereof; providing a severability clause; providing a sav ings clause
and providing for an effective data (The Planning & Zoning Commission recommends approval, 7.0.)
9ACKGROl1, !N
During the September 22nd, 1998 Work Session, Council members approved the implementation of the
following public hearing notification procedures:
The legal notice of public hearings will be published in the local newspaper as per by state
law.
4 The stale-required 200-foot legal notice will be delivered via Certified Mail.
• Courtesy notices will be deliveted to residentJrr:tnpants located within 500 feet of a public
hearing property via first class mail.
a Core-tex signs will be installed, using only two different sign copies: "Zoning Change
Requested" and "Variance Requested".
The City Council Is now asked to consider adoption oran ordinance that would amend city zoning
regulations (Chapter 33 of the City Code, Sections 35.7 and 35.44). In addition, ordinance 79.61 !
(Exhibit E) would be repealed, and two provisions (granting access for sign Installation and removal 1
and citing pen epics for purposeful damage to posted signs) 4ave been transferred to the proposed
ordinance (Exhibit A), If City Council approves the attached ordinance (Exhibit A), procedural
authority to implement new zoning-related public hearing notification procedures will be established.
A separate ordinance revising the fee schedule has been submitted for consideration by City Council
during the February 2"d, 1999 meeting.
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OPTION,
1. Approve the draft ordinance as proposed.
2. Revise the draft ordinance.
3. Postpone the proposed ordinance for further consideration.
4. Reject the proposed ordinance.
RECONINI ENDATION
Staff recommends approval of the ordinance, in association with the proposed fee schedule revisions
needed to cover the costs of the new notice requirements. During the January 27't', 1999 Planning &
Zoning Commission meeting, staff was asked to place the wording "Notice of Public Hearing
Enclosed" to the outside of the envelope mailed to residents, to enhance acceptance of certified mail
and reduce the tendency of residents to regard the courtesy notices as Junk mail. The request makes
sense and can be done without changing the content of the draft ordinance.
ESTINIATED SCHEDULE OF PROJECT
City Council Public Hearing & Adoption February 2 " 1999
Proposed Effective Date February 164, 1999
Staff is prepared to implement the proposed procedures now. The first Planning and Zoning
Commission meeting date lik. 'y to be offected by the ordinance Is the March I Uh, 1999 Regular
Meet+ng.
PRIOR ACTION/REVIEW
City Council Work Session May 26th, 19.8
City Council Work Session September 224, 1998
Planning & Zoning Commission Work Session September 23rd, 1998
City Council Work Session November 25'h, 1998
Planning & Zoning Commission Work Session January 13d', 1999
City Council Wort. Session January 260, 1999
Planning & Zonl:,g Commission Public [fearing
And Recommendation January 21°i, 1999
FISCAL INFORMATION
A separate ordinance proposed to revise development review fees to cover the costs of the additional
public hearing notification requirements contains relevant fiscal information,
EXHIBITS
Exhibit A: Draft Ordinance - Zoning Code Amendments
Exhibit B: Exii!ing Vs. Proposed Public [fearing Notification Procedures:
Zoning Amendments
Exhibit C: Existing Vs. Proposed Public Hearing Notification Procedures:
Board Of Adjustment Variances, Appeals, Special Exceptions
Exhibit D: Public Nearing Notification: Administrative Rules (Draft)
Exhibit E: Ordinance 79.62
Respectfully Submitted/; D Ifill
irector of Planning and Development
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ORDINANCE NO. EXHIBITA
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANIENDENt: CHAPTER 35
"ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY
REVISING SECTION 33d "AMENDMENTS" AND SECTION 35-44 "NOTICE OF PUBLIC
HEARINGS", PROVIDING FOR NEW STANDARDS FOR PUBLIC NOTIFICATION
PROCEDURES USED TO ADVERTISE PUBLIC HEARINGS REQUIRED WHEN 71ir
BOUNDARIES OF ZONING DIS'T'RICTS OR THE REGULATIONS ESTABLISHED
RELATED TO ZONING ARE AMENDED, SUPPLENI!',NTED, OR CHANCED, OR WHEN
ZONING VARIANCES, APPEALS, OR SPECIAL EXCEPTIONS ARF MADEI REQUIRING
THE USE OF CERTIFIED MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN
200 FEET FROM A PROPERTY WHERE A ZONING CHANCE, VARIANCE, APPEAL, Oil
SPECIAL EXCEPTION IS REQUESTED; REQUIRING THE USE OF FIRST CLASS MAIL
TO NOTIFY PROPERTY OWNERS LOCATED WITHIN $00 FEET OF A PROPERTY
WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS
REQUESTED; REQUIRING THE POSTING OF SIGNS ADVERTISING PUBLIC IIEARING
DATES ON PROPERTIES WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR
SPECIAL EXCEPTION IS REQUESTED; RY ADDING SECTION 354S6 "ACCESS TO
PROPERTY/REMEDY FOR REMOVAL OF SIGN"; PROVIDING THE REMOVAL OF A
SIGN POSTED PER THIS ORDINANCE CONSTITUTES A VIOLATION OF LAWI
REPEALING ORDINANCE 79-62; PROVIDING A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOFt PROVIDING A SEVERABILITY
CLAVSEI PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WIIEREAS, the City of Denton, Texas holds public hearings as required by Chapter 35
"Zoning" for many puiroses, Including zonhig amendments, variances, zoning appeals, and special
exceptions to the ar.i,g code; "nd
WHEREAS, the city of Denton complies with Texas State Lew regarding requirements fer
public hearing notification of citizens Pt.d interested parties; and
WHEREAS, the City Council of the City of Denton has delemined that public hearing
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notification procedures strongly effect public participation in city government, and that high levels of '
public participation are viral to good government and sound municipal decision-making; and
WIIERFAS, the City Council of the City of Denton has determined that public hearing
notification requirements should be expanded and Improved to maintain high levels of public
particit,ation, and that other measures have been Identified to enhance existing requirements; and
WHEREAS, the City Council has conducted a public hearing on the proposed regulations i
contained herein; NOW THEREFORE
THE: COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS; l r
✓1 ACTION 1• That chapter 35 "Zoning" of the Code of Ordmances of the City of Denor as,
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is hereby amended by dekt4 subsection (bx3) to Section 35-7 "Amendments," and replacing the
subsection with language to read as follows:
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(3) Publi:. Hearing Required by Planning and Zoning Commission. Tne Planning
and Zoning Commission shall hold a public hearing on any application for an
amendment or change in the zoning ordinance prior to making its recommendation
and report to the city council.
(a) Notice of Public Hearing. Notice of the public hearing 011111 be given not
less than ten (10) days before the date set for the commission's public hearing
using each of the following methods:
(1) Published Notice. Notice of the scheduled public hearing shall be
published in the official newspaper of the cily staling the time and
place of such public hearing and a description of the requested
amendment to the zoning ordinance.
(II) Legal Notice. Legal notice of the scheduled public hearing shall be
sent to all owners of real property lying within two hundred (200) feet
of the subject property. Notice shall be given by posting such notice
not less than ten (10) days before the date set for hearing, properly
addressed and postage-paid via certified mail to each owner as
Indicated by the most recently approved city tax roll.
(Iii) Courtesy Notice. Written notice of the scheduled public hearing, i
properly addressed and postage-paid via first class mail shall be
provided feet of the sulbjresidents of ect property
notice to each dparcel
address as recorded on the city's Geographic Information System
(GIS) data base. Fellure on the part of property owners to receive the
courtesy notice shall not Invalidate the scheduled public hearing
process.
(Iv) Posted Notice. A sign shall be posted on the subject properly
according to rules established and published by the Planning and
Development Department, a copy of which will be avallable at the
1 City Secretary's office and the Planning and Development
Department offices.
(b) Action by the Planning and Zoning Commission.
(1) Recommendation of Approval. If the commission recommends
approval of the requested zoning changa, such request shall be
referred to the council et their next available regular meeting, e.coept
that it shall be not lose than twenty (20) days but not more then sixty
(60) days after the oommiaslon meeting at which the recommendation A
was made. t -
(II) Conditions may be attached. In order to safeguard the public
safety and welfare and to protect propertles from adverse Impacts
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and Incompatibilities, the commission may recommend conditions
and restrictions on the subject properly.
(III) Recommendation of Denial. If the commisslon recommends denial
of the requested zoning change, such request shall not be referred to
the council unless the applicant, within ten (10) days of the
commission's action, shall file a request in writing with the
Department requesting that the council review the oommisslon's
recommendation.
SECTION 11, That Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton, Texas,
is hereby amended by deleting Section 3544 "Notice of Public Hearings" and replacing the section with
language to read as follows:
Sec. 35-44. Notice of public hearings.
The Zoning Board of Adjustment shall hold a public hearing on all applications and
appeals made hereto.
(a) Notice of Public Hearing. Notice of the public hearing shall be given not
less than ten (10) days before the date set for the board's public hearing using
each of the following methods:
(1) Published Notice. Notice of the scheduled public hearing shall be
published in the official newspaper of the city stating the time and place
of such public hearing and a description of the requested amendment to
the zoning ordinance.
(2) Legal Notice. Legal notice of the scheduled public hearing shall be sent
to all owners of real property lying within two hundred (200) feet of the
subje.,t property. Notice shall be given by posting such notice not less
than ten (10) days before the date set for hearing, properly addressed
and postage-paid via certified mail to each owner as indicated by the
most recently approved city tax roil.
(3) Courtesy Notice. Written notice of the scheduled public hearing,
properly addressed and postege•pald via first class mail shall be
provided to all residents of property located within five hundred (600) feet
of the subject property by posting such notice to each parcel address as
recorded on the city's Geographic Information System (GIS) date base.
Failure on the part of property owners to receive the courtesy notice shall
not Invalidate the scheduled public hearing process.
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(4) Posted Notice. A slgrt shall be posted on the subject property according
to rules established and published by the Planning and Development
Department, a copy of which will be available at the City Secretary's I
office and the Planning and Development Department offlc: s.
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SECTION IIL That Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton,
Texas, is hereby amended by adding Section 35.56 "Access to Property. Remedy for Removal of Sign" to
read as follows:
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(a) Access to Property. The applicant/petitionefliandowner shall allow the Director of Planning
end Developmtnt or hista designee to enter on to the premises for which a zoning change or
amendment, variance, appeal, or special exception public hearing is scheduled for the purposes of
installing, maintaining, and removing signs required by this ordinance.
(b) Remedy for Removal of Sign. it shall be unlawfid for any person, other than the Director of
Planning and Development or hislher designee, to knowingly remove, deface, or injure in any manner a
sign or part thereof required by the provisions of this ordinance.
SECTION It' That the provisions of Ordinau;e 74-62 are hereby repealed in their entirety,
SECTION V. That any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance Is violated shall
constitute a separate and distinct offense.
SECTION M That if any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held Invalid by any cowl of
competent jurisdiction, such holding shall not affect the validity of the remaining pordons of this
ordinance, and the City Council of the City of Denton, Texas hereby declares It would have enacted )
such remaining portions despite any such validity,
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SECTION VII. That all provisions of the ordinances of the City of Denton in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City
of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect.
SECTION VIII. That this ordinance shall become effective fourteen (14) days from its f
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published
twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas,
within ten (10) days of the date of its passage. ;
PASSED AND APPROVED this the day of 11999.
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JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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EXHIBIT B
FSISTING VS, PROPOSED PUBLIC HFARING NOTIFICATION PROCEDURES:
U)MING AMENDMENT
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Sec.35-7. Amendments
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(a) Generally. Any person having a proprietary interest In any property may petition the city council for
a change or amendment to the provisions of this chapter, or the planning and zoning commission may on its own
motion or on request from city council Institute study and proposal for changes and amendments in the public
interest.
(b) Procedure The following procedures shall be used in amending this chapter.
(1) The city council may, from time to time, amend, supplement or change by ordinance the boundaries
of the districts or the regulations established in this chapter as provided by the statutes of the state.
(2) Before taking action on any proposed amendment, supplement or change, the city council shall
submit the amendment, supplement or change to the planning and zoning commission for its
recommendation and report,
(3) IN ien fop an
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(3) Public Hearing Required by Planning and Zoning Commission, The Planning and Zoning
Cqmmisslon shall hold a public hearing orL my anptication for an amendment to or chanae in the
4UAlg ordinance prior to making Its rernmmendadon and report to the city council
(a) Notice of Public Htoring. Notice of the public hearing shall be given not less than len 1101
davs before the date set for the commission's public hearing using each of the fotlo%inII
method :
(1) Published Notice. Notice of the scheduled public hearing shall be published in the
official newsppner gj the city slating the time and place of su6h public hearing and
a description of the reuuested amendment to the zoning ordinance,
(11) Legal Notice. Legal notice of the scheduled public hearing shall be sent to 0
p%ners of real property bIng within two hundred ( 2001 feet of the subiect prooeU
Notice sh Il be given by pest ingsuch ndice riot less than ten ((01 davs before the
date set fa hearing. proneriy addressed and postage-paid via certified mail to each
owner os Indicated on the most w ndy approved city tax roll.
(Ill) Couriety Nolict, W'dnen notice of the scheduled public hearing-properly i
addressed and postagEpaid via first class mail slwU be provided to all resider s of o
pro grv located within rive hundred ($00) feet of the subleel property by WtInS t I -
such notice to each parcel address- ascorded on the city's Gtoii aphlc Information
System (UIS) data base, Failure on thepari of property owners to recehe the
courtesy mglce shall not inyntidate the scheduled publ Ic hearing process. Failure
on the Part of property o*rm to receive the courtesy shall not invaitdate
schedutedpublic hearing process
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fivl posted Notice. A slam shall be posted on the subject orpperty according to rules
estahtished and published by the Planning and Develooment Depadm+Pnt a cony of
which will b: available at the City Secretary's office and the Planning and
Development Dcoartmentoffices
(b) Acilon by the Planning Ind Zoning Comintlislorl
(1) Rcgommendatlon of Approval if the commission recommends sporoval of the
requested zoning change. such request shall be referred to the council at their next
available resular meeting, except that it shall be not Ics;than twenty (201 days or
more than sixty (0) days after the commission meeting at which the
recommendation was made
flit Condltiop) may be attacbed. In order 44 safeguard the public safety and welfare
and to prow oroocrt)Lfrom adverse impacts and incompatibilities the
commisslon may recommend conditions and restrictions on the subled promay.
(1111 Recommendation o(Denlal. If the commission recommends denial or the
cNi4tsted zoning change such request shall not be referred to the council unless
the applicant. with Lp ten (Itll days of the commission's action, shall file a request
in wniing with the Department reauestina that the council review the
commission's recommendation
(4) A public hearing shall be held by the city council before adopting any proposed amendment
supplement, or change. Notice of such hearing shall be given by publication in the official newspaper
of the city stating the time and place orsuch hearing, which time shall not be earlier than fifteen (IS)
days from the date of publication.
(S) In can of 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 of 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 is
required to overrule a recommendation of the planning and zoning commission that a proposed
amendment, supplement or change should be denied
(6) No petition for a change In a zoning district shall be heard for a particular parcel of property if,
within twelve (12) months prior to the date of such petition, a edition for a change of zoning foe the
same or a less restrictive zoning district for the same property was denied by the city council or the prior
petition was withdrawn after the giving of public notice therefor; provided, however, that the city
council, upon finding that there has been a substantial change in conditions in the area In the twelve.
month period that would warrant a reconsideration of the prohibited rezoning request, may allow such
petition to be heard. For purposes ofthls subsection, the agricultural zoning district listed first in the
heading of the schedule of uses of section 35.77 shall be considered the most restrictive zoning district,
and each zoning district thereaPer listed in succession in such schedule shall be considered to be less
restrictive than the prior listed zoning district. The provisions of this subsection shall not apply to
applications for planned development zoning district.
(c) riling Fees. Any person petitioning for a change of amendment to the proslslons of this chapter or
amendments to this chapter, pursuant to subsection (a) of th's section, shall pay to the department of planning r '
and community development a filing fee in an amount ddertnined, and as from time totime amended, by f ti.
ordinanve approved by the city council, it copy of which ordiiance lion rile with such department.
Note: Proposed new wording is ppderfitom; wording proposed to be deleted Is shown with a sipike thpowlitil,
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EXH I BIT C
EXISTING VS. PROPOSED PUBLIC HEARING NOTIF1~ATION PROCEDURES:
BOARD OF ADJUSTMENTS VARIANCES. APPEALS, SPECIAL EXCEPTIONS
t vaaMee appeal, of a!* iai
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B-A,M;m of real PPOP614), a Am woompOlp oppams eoq ik lam appm,ed 94y io* poll. gush notipe maybe eafvad
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W Wam do" (10) days PFleme 1W dole Orlugh ~~Mgj Whigh aha-Il male IM I;mm RAd PIROA of
Sec, 3544, Noda of nublic beariass.
The Zoning Board of Adjustment shall hold a public hearinyp all oplications and eo als ma g hereto.
(a) Notice of Public Hearing:. Notice of the r-ublic hearing shall be given not less than ten (101 days
before the date set for the board's public hearing using each or the following methods:
(1) Published Notice, Notice of the scheduled public hearing shall published In the aMclal
newspaper of the city statics the time e,.d place of such Public hearing and a description of
the reauested amendment to the zoning ordinance.
(2l Legal Notice. Legal notice of the scheduled public hearing shall be sent to all owners of
real properly lying within two hundred (2001 feet ol'the subiect Proogrty. Notice shall be
given by posting such notice no less than ten (101 days before the date set for heeding.
pr rly addressed and postage-paid vie certilled mail to tech owner as indicated on the
most recently approved cliv tax roll.
(31 Courtesy Notice. Written notice of the scheduled public hEging properly addressed and
mtaae-paid via first class mail shell be provided to all residents ofpfooeny located widb
free hundred (500) feet of the subject 020y by posting such notice to each parcel addraI
as recorded on the city's C..,jphlc lnformat;un balem (US) data base Failure on the
part of property owners to receive the courtesv__nolict shall not Inv lidate the scheduled
public hearing process.
(41 Posted Notice, A sign shall be posted on ir,3ubiect property according to rules established
and published by the Planning and Devclooment Depatlmenl, a coov of which will be
available at the City Secm m's office and the planning and Development Departmen
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offce
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Note, Proposed new wording is underfins4: wording proposed to be deleted Is shown with a strihs AeeugA>
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EXHIBIT D
City of Denton
Planning & Development Depatiment
Applicability. In addition to other forms of notification, notice of public hearing as specified in the
Zoning Code or Subdivision and Land Development Regulations of the City of Denton requires the
posting of signs on the subject property. The signs shall be installed not less than ten (10) days before
the scheduled public hearing by the Planning and Zoning Commission or City Council.
Sign Fee. A fee fir the posting of signs shall be required from the applicant for a zoning change in an
amount determines by the most current fee schedule, and as from time to time amended, by ordinance
approved by the city council, a copy of which ordinance is on file with the department.
Payment. Sign fees, legal notice fees, and courtesy notice fees shall be collected at Gie same time, at
least 15 days in advance of the scheduled public hearing. Failure to pay required fees will result in
postponement of the public hearing to the next available public hearing date for which the fees have
been paid. No refunds will be made upon w,thdrswai of the application or petition after the signs have
been posted or after mailings have been delivered to the Post Office.
Sign Posting Responsibility. Signs shall be provided by and meet specifications of the Department of
Planning and Development. The department shall be responsible for the posting and removal of
required signs.
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Number of Signs Posted. A sign shall be placed along each public street frontage of the subject
property. If the property has more than five hundred (500) feet of frontage along any one street, a sign
shall be required for each five hundred (500) feet of street frontage. In no case shall more than eight
(8) signs be required for a subject property.
Location of Signs Posted. At kart one sign shall be required on each public street frontage. If
multiple signs are required along a public street frontage, they shall be spaced evenly along the public f
street. Signs shall be located so that they are clearly visible from and parallel to the public street, and
clear of vegetation, ground signs, utility poles or any other obstructions that may influence the sign's
visibility. Signs shall be located as closely as possible to the subject property boundary adjoining the
public street frontage.
Slit of Signs Posted. The department shall provide two sizes of signs for public notice of zoning
changes or amendments. A sign not less than 24 Inches by 36 inches shall be used along public street
frontages where the posted speed limit is 45 miles per hour or less. A sign not less than 36 inches by
48 inches shall be used along public street fru:titages where the posted speed limit is greater than 43
,,iles per hour,
Mgt Removal. Posted signs shall remain In place until the zoning change or amendment has been
acted upon by City Council and shall be removed within three (3) working days of such action.
ON nceshtp. The applicant/petitioner owns all signs that are paid for and installed, and may take r , 4,
possession of the signs once removed from the subject property by the department. The department
retains ownership of frames used to support the signs. The department reserves the right to determine
if used signs are reusable.
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Exhibit E
Ordinance 79-62 is proposed to be repealed, Rather than having sign requirements in two separate
ordinances, staff has prepared the amendments to replace and enhance the 1979 requirements.
ORDINANCE NO. ZW
[Copy of original]
AN ORDINANCE OF THE CITY OF DENTON, TEXAS; PROVIDING FOR THE POSTING OF SIGNS BY
THE DIRECTOR OF PLANNING UPON THE APPLICATION FOR A ZONING CHANGE OR A SPECIAL
PERMIT; PROVIDING FOR REQUIREMENTS FOR THE SIZE, LOCATION AND CONTENTS OF SAID
SIGNS; PROVIDING A PENALTY FOR REMOVAL OR DEFACING OF SAID SIGNS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I•
No later than ten (10) days before the Planning and Zoning Commisilon public hearing on on
application for s zoning change or special permit, thr applicant shall allow the Director of Planning or his
designated representative to place a sign or signs on the property site under application for the purpose of
advertisinp proposed zoning changes and special permits. Signs placed on the property site involved shall be in
the best location possible for general public view as determined by d,e Director of Planning. Signs placed on
the property site involved shall be no smaller than eighteen (18) inches by twenty-five (2S) Inches and shall It
mini murn Include the words, "Zoning Change Requested" and the current city telephone number of the planning I
department. All signs shall remain on the properly site until final disposition of the zoning or special permit
request Is determined. Upon such a final disposition, it shall be the applicant's responsibility to remove the said
signs from the property site Involved.
SECTION 11
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It shall be unlawful for any person prior to the final disposition of an application request to knowingly
remove, deface or h jure in any manner a sign or part thereof placed upon property under the authority of this
ordinance. Any pcnnn who violates any provislon of this ordinance be deemed guilty of a misdemeanor, and,
upon comiction, shat be punished by a fine not to exceed two hundred dollars (5200.00).
SECTION III
If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application !
thereof io aiy 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, it being the Intent of the City Council of the
City of Denton. Texas in adopting this ordinance, that no portion hereof or provision or regulation contained
shall become Inoperative or fail by reason of any mconstituilmality or invalidity of any other portion hereof
and al I provisions arc declared to be swerable for hat purpose,
SECTION IV.
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This ordinance chall become eltective fourteen days from the date of its passage, and the City secretary
is directed to cause the caption of this ordinance to be published twice In the Denton Record-Chronicle, the
official newspaper of the City of Denton. Texss within ten (10) days of the date of Its pause,
PASSED AND APPROVED, this the 21 `day of August, A. D. 1979.
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AGENDA INFORMATION SHEET
AGENDA DATE: February )'°,1999
DEPARTMENT: Planning& Development
CMIDOVACd1: Rick Svehla
SUIVECT
hold a public hearing and consider adoption of an ordinance of e a city of Denton, Texas, amending
Chapter 34 "Subdivision and Land Development Regulaticns" of the Code of Ordinances of the City of
Denton, Section 34.36 "Annexation Procedures", providing for new standards for public notification
I procedures used to advertise public hearings required when the boundaries of the city are changed due
to annexation; requiring the use of first class mail to notify property owr s located within S00 feet of
a property where an annexation petition is considered; requiring the posting of signs advertising public
hearing dates on properties where an annexation is considered; providing the removal of a sign posted
per this ordinance constitutes a violation of law,, providing a penalty in the maximum amount of
$500,00 for violations thereof; providing a severability clause; providing a savings clause and
providing for an eTective date, (The Planning and Zoning Commission recommends approval, 7.0.)
BACKGROUND I
[luring the September 22nd, 1999 Work Session, Coursed members approved the Implementation of the
following public hearing notification procedures:
• The legal notice of public hearings will be published in the local newspaper as per by state
law,
0 The state-required 200-foot legal notice will be delivered via Certified Mail
1 Courted notices will be delivered to residem'occupants located within 500 feet of a public
hearing property via first class mail.
s Core-tex signs will he Installed, using only two difr'erent sign copies: "Zoning Change
Requested" and "Variance Requested".
City Council is now being asked to consider an ordinance thit would amend city subdivision
regulations (Chapter 34 of the City Code, Section 34-35). If Oty Council approves the attached
ordinance (Exhibit A), authority to implement new public hearing notification procedures will be
established. if City Council approves the attached ordinance (Exhibit A), procedural authority to
implement new zoning-rclwed public hearing notification procedures will be es ablished. A separate
ordinance revising the fee :vhedule has been submitted for consideration by City Council during the
February 2"4, 1999 meeting.
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QUIE S t t r,
1. Approve the fre schedule amecdments as proposed. /
2, Revise the proposed fees.
3. Postpone the proposed ordinance for further consideration.
4. Reject the proposed ordinance.
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RECOMMENDATION
F#Xrecommends approval of the ordinance, In association with the proposed fee schedule revisions
needed to over the costs of th., new notice requirements. Luring the January, 274i, 1999 Planning &
Zoning Commission meeting, staff was asked to place the wording "Notice of Public Hearing j
Enclosed" to the outside of t1m envelope mailed to residents, to enhance aeecctance of certified mail
and reduce the tendency of residents to regard the courtesy notices as junk mail. T'he request makes
sense and can be done without changing the content of the draft ordinance.
ESTIMATED SCHEDULE OF PROJECT
City Council Public Hearing & Adoption February 2nd 1999
Proposed Effective Date February 164, 1999
Staff is prepared to implement the proposed procedures now. The first Planning and Zoning
Commission meeting date likely to be affected by the ordinance is the March W, 1999 Regular
Meeting.
PRIOR ACTION/REVIEIY
City Council Work Session may 26°', 1998
City Council Work Session September 22n4, 1998
Planning & Zoning Commission Work Session September 23ed, 1998
City Council Work Session Nosember 25°i, 1998
Planning & Zoning Commission Work Seaton January 13d,.1999
City Council Work Session Jantuuy 264i,1999 1
Planning & Zoning Commission Public Hearing
And Recommendation January 274x, 1999
FISCAL INFORMATION
A separate ordinance proposed to revise development review fees to cover the costs of the additional
public hearing notification requirements contains relevant fiscal information. '
EXHIBIT
Exhibit A: Draft Ordinance - Subdivision Regulations Amendments
Exhibit B: Existing Vs. Proposed Public Hearing Notification Procedures:
Annexation Process
Exhibit C: Public Nearing Notification: Administrative Rules (Draft)
Respectfully Submitted: /
M. Hill
ector of Planning and >'evelopment i r All
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EXHIBITA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 34
"SUBDIVISION AND LAND DEVELOPMENT REGULATIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, SECTION 34.36 "ANNEXATION
PROCEDURES", PROVIDING FOR NEW STANDARDS FOR PUBLIC NOTIFICATION
PROCEDURES USED TO ADVERTISE PUBLIC HEARINGS REQUIRED WHEN THE
BOUNDARIES OF THE CITY ARE CHANGED DUE TO ANNEXATION; REQUIRING THE
USE OF FIRST CLASS MAIL. TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 50
FEET OF A PROPERTY WHERE AN ANNEXATION PETITION IS CONSIDERED;
REQUIRING THE POSTING OF SIGNS ADVERTISING PUBLIC HEARING DATES ON
PROPERTIES WHERE AN ANNEXATION IS CONSIDERED; PROVIDING THE
REMOVAL OF A SIGN POSTED PER THIS ORDINANCE CONSTITUTES A VIOLATION
OF THE LAWN PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF SSM.00 FOR ±
VIOLATIONS THEREOFI PROVIDING A SEVER,:BILITY CLAUSEI PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas holds public tearings as required by Chapter 34
"Subdivision and Land Development Regulations" for many purposes, including annexation petitions; I
and
WHEREAS, the City of Denton complies with Texas Stale Law regarding requirements for
public hearing notification orcitizens and interested panics; and
WHEREAS, the City Council of the City of Denton has determined that public hearing ,
notification procedures strongly affect public participation in city government, and that high levels of
public participation are vital to good government and sou:id municipal decision-making; and
WHEREAS, the City Council of the City of Denton has'ctermined that public hearing
notification requirements should be expanded and improved to maintain high levels rf public ~
participation, and that other measures have been identified to enhance existing requirements; and
WHEREAS, the City Council has conducted a public hearing on the proposed regulations
contained herein; NOW THEREFORE
THE COUNCIL OF THE CITY OF rBNTON, TEXAS HEREBY ORDAINS:
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SECTION 1. That Chapter 34 "Subdivision YA Land Development Regulations" of the Code of s ! Ir
Ordinances orthe city of Denton, Texas, is hereby amended by adding subsections (d) and (e) to Section
34.36 "Annexation Procedures" to read as follows: r
(d) Public Hearing NotiNcetlon Procedure
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III) Notice of Public Hearing. Notice of the public hearings shall be given not less
than ten (10+ days before the dale set for the first annexation public hearing using
each of the following methods;
(1) Published Notice. Notice of the scheduled public hearings shall be published
In the official newspaper of the city stating the time and place of such public
hearings and a description of the proposed annexation.
(11) Courtesy Notice. Written notice of the scheduled public hearings, property
addressed and postage•pald via first class mail shall be provided to all
residents of property located within five hundred (500) feet of the subject
property by posting such notice to each parcel address as recorded on the
city's Geographic Information System (GIS) data base, Failure on the part of
property owners to receive the courtesy notice shall rot Invalidate the
scheduled public hearing process.
(III)Posted Notice. A sign shall be posted on the subject property according to
rules established and published by the Planning and Development
Department, a copy of which will be evaitabie at the City Secretary's office
and the Planning and Development Department offices,
(2) Access to Property. The appilcant/patitionerAandowner shall allow the Director of
Planning and Development or his/her designee to enter on to the premises for
which an annexation public hearing Is scheduled for the purposes of Installing,
maintaining, and removing signs required by this ordinance.
(e) Remedy for Removal of Sign. It shall be unlawful for any person, other than the
Director of Planning and Development or Nether designee, to knowingly remove, defece, or
Injure In any manner a sign or part thereof required by the provisions of this ordinance. ,
SECTIOlNA That any person violating any provision of this ordinance shall, upon conviction,
oe fined a sum not exceeding $500,00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION Iii. That if any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or appiicaCon thercorto any person or circumstances is held invalid by any court of
competent jurisdiction. such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such validity.
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SECTION 111. That all provisions of the ordinances of the City of Denton In conflict with the
provisions of t':is ordinance are hereby repealed, and all other provisions of the ordinances of the City
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of Denton, not is conflict with the provisions of this ordinance, shall remain In full force and effect. l
SECTION V. That this ordinance shall become effective fourteen (14) days from 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, Tex", within ten
(10) days of the date of Its passage,
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PASSED AND APPROVED this the day of 1999.
JACK MILLER, MAYOR
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ATTEST:
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BY:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
BY:
HERBERT L. PROUTY, CITY ATTORNEY
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EXHIBIT B
F.XISTINC VS. PROPOSED PUBLIC HEARING NOTIFICATION PROCEDURES;
ANNEXATION PROCESS
Sec. 34-36. Annexation procedures,
(a) If, after prclimirary study, the cril" described in Section 34-35 [which contains annexation policies and
evaluation criteria) indicate annexation is appropriate in order to promote or protect the public interest, the
city will initiate formal annexation proceedings to consider the annexation question In Mail,
(b) Ira tract of land in the extraterritorial jurisdiction Is contiguous to the city limits and the owner of said
property desires that it be annexed in order to be qualified to receive city services when available and to be
afforded zoning protection, the owner may petition the city for annexation.
(c) Study and annexation procedure,
(1) Based upon guidelines for initiating study, the staff shall Initiate a preliminary assessment ofthe area for
possible annexation and present the results to the city council, The city council will rcview the study
results and other information and make a determination whether or not formal study and public hearings
and annexation proceedings should be initiated.
(2) Irformal public hearings are Initiated, the planning and zoning commission shall review the annexation
study and make recommendation to the city council,
(3) The city council will then consider all recommendations and public comment during the prescribed
public hearings phase, and make a determination whether or not to initiate formal annexation
proceedings.
(4) Formal annexation proceedings are executed, if applicable,
(d) Public Ilearimi Notification Procedures I
(1) Notice of Publ is Hearing, Notice of the public he gi shall be given not less than ten (10) days before
the date: set for the first annexation public hearing using each of the follow inn methods:
(I) Published Notice, Notice of the scheduled public hearings shall be published in the officlat
newspaper of the city stating the time andp]act. of such public hearings and a
dcsypiption orthe proposed annexation,
(ill C ,jgay Notice. `Written notice of the scheduled public hearings, p,(pp~ly addressed
and Hostage-paid via first class mail shall be pro Wd to all residents of property
located within five hundred (500) feet of the subi"ipro ny by posting such nonce to
each parcel address as recoMed on the city's Oeog[gphic Information Swem (GIS)
data base Failure on the pan ofpraMy owners to receive the counesv native shall not
invalidate the scheduled public hearing process.
(Ill) Polled Notice. A sign shall be posted un the sub+!"t proWs according to rules
s;~tablkhed and published by the Planning and Deyelopmera [k +=ment a copy of
yjdch will be available at the City Secretary's office and the Planning lad
Development [X-Vagment olTices.
(2) Access to Property, the applicanUpctitianerllandawner shall allow the Director of Planning and
Oevel pment or histgr deslace to enter on the premises for which an annexation public hearing Is
scheduled for the pumoses of installing, malntain[ng. and removingslart reuulred by this ordinance.
(r) Remcdv far Remattla of SignyIt shall be unlawful rot Any person. other than the iyirectot of Plannirg and ,
Development or his/bor designce.to knowing v remQ C. deface. or Injure In any manner a sign erp { f
thereof required by theprovislons of this ordinance.
Mote: Proposed new wording Is underlined: wording proposed to to deleted Is shown with a m4e thresh
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X111BIT C
City of Denton
Planning & Development Department
Applicability. In addition to other forms of notification, notice of public hearing as specified in the
Zoning Code or Subdivision and Land Development Regulations of the City of Denton requires the
posting of signs on the subject property. The signs shall be installed not less than ten (10) days before
the scheduled public hearing by the Planning and Zoning Commission or City Council.
Sign Fee. A fee for the posting of signs shall be required from the applicant for a zoning change in an
amount determined by the most current tee schedule, and as from time to time amended, by ordinance
approved by the city council, a copy of which ordinance is on file with the department.
Payment. Sign fees, legal notice fees, and courtesy notice fees shall be collected at th., -Amt time, at
least 15 days in advance of the scheduled public hearing. Failure to pay required fees will result in
postponement of the public hearing to the next available public hearing date for which the fees have
been paid. No refunds will be made upon withdrawal of the application or petition after the signs have
been posted or after mailings have been delivered to the Post Office.
Sign Posting Responsibility. Signs shall be provided by end meet specifications of the Department of
Planning and Development. The department shall be responsible for the posting and removal of
required signs.
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Number of Signs posted. A sign shall be placed along each public str.Yt frontage of the subject
property. If the property has more than five hundred (SP)) feet of frontage along any one street, a sign
shall be required for each five hundred (500) feet of street frontage. In no case shall more than eight
(g) signs be required for a subject property.
Location of Signs Posted. At least one sign shall be required on each public street frontage. If
multiple signs are required along a public street frontage, they shall be spaced evenly along the public
street. Signs shall be located so that they are clearly visible from and parallel to the public street, and
clear of vegetation, ground signs, utility poles or any other obstructions that may influence the sign's
visibility. Signs shall be located as closely as possible to the subject property boundary adjoining the
public street frontage.
Size of Signs Posted. The department shall provide two sizes of signs for public novice of zoning
changes or amendments. A sign not less than 24 inches by 36 inches shall be used along public street
frontages where the posted speed limit Is 43 miles per hour or less. A sign not less than 36 inches by
49 inches shall be used along public street frontages where the posted speed limit Is greater than 43
miles per hour.
Sign Removal. Posted signs shall remain in place until the zoning change or amendment has been
acted upon by City Council and shall be removed within three (3) working days of such action.
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ONnership. The applicaut/petitioner owns all signs that are paid for and installed, and may take , At
possession of the sign-t once removed from the subject property by the department. The department f 1
~1] retains ownership of frames used to support the signs. The department reserves the right to determine
ifused signs are reusable.
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AVr ija No -~`a9-~C°PjL
AgeAa ilam__.._L7
Dates
AGENDA INFORMATION SHEET t
AGENDA DATES February 2, 1999
DEPARTMENTt City Manager's Offtc
CM. Michael W. Jez, City ager
SUBJECT: '
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Consider approval of an ordinance granting a three-year exception to the Noise Ordinance for the
Denton Festival Foundation In connection with the operation of the Denton Arts & Jazz Festival
held in Civic Center Park on the last Friday. Saturday, and Sunday in April. {
BACKGROUND:
On June 6, 1995, the City Council approved Resolution No. 895.030 (Attachment 1) adopting a
policy to allow three year exceptions to the noise ordinance for qualifying organizations. In
accordance with that policy, the City Council adopted Ordinance No. 96-053 (Attachment 11) on
March 5, 1996, granting the Denton Festival Foundation for the purpose of their annual event,
Denton Arts & Jazz Festival, a thrre•year exception to the noise ordinance. The Denton Arts &
Jazz Festival is held in Civic Center Park during the last full weekend In April each year.
Since the three-year exception granted by Ordinance No. 96.053 has expired, the Denton
Festival Foundation is requesting that the City Council grant another three-year exception for the +
Denton Arts & Jazz Festival (Attachment 111). Prior exceptions have been granted From noon to
8:00 p.m. on Sunday of the last full weekend in April. This request is for an exception to the ,
noise ordinance until 11:00 p.m, on the last Friday and Saturday in April and from noon to 8:00
p.m. on the last Sunday in April.
In order to qualify for consideration of the multi-year exception, the annual event shall have
demonstrated three consecutive years of responsible activity in connection with Section 20-1
(c)(2) of the Code of Ordinances. In that regard, the City Council has granted the Denton
Festival Foundation exceptions to the noise ordinance for the Denton Arts & Jazz Festival since
1992, The most recent exception being the three-year exception granted on Slarch S, 1996. The
Police Department records indicate Lhat no complaints were received since the first exception
granted in 1992.
OpT10,'s;
Approval of the three year noise exception, rr
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PRIOR ACTIONIREVIEW (Council, l3nard1. Commission):
On March 5, 1996, the City Council adopted Ordinance No. 96-053 granting the Denton Festival
Foundation a three-year exception to the noise ordinance for the Denton Arts & Jan Festival.
FISCAL INFORMATION,
None
Prepared by:
Betty Willi s
Assistant to the City Manager
Attachments; Attachment I -Resolution No. R9$-030
Attachment II - Ordinance No, 96-053
Attachment III - Denton Festival Foundation Request
Attachment IV - Draft Ordinance
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ammwenns ATTACHMtNT I
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RESOLUTION NO. r_ 5-CX3D
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING AN ORDINANCE
FORMAT TO BE USED IN GRANTING TO PERSONS RESPONSIBLE FOR ANNUAL
EVENTS WHICH HAVE DEMONSTRATED A HISTORY OF PAST RESPONSIBLE
COMPLIANCE WITH THE CITY'S NOISE ORDINANCE, EXCEPTIONS TO THE
LIMITATIONS IMPOSED OY SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES
OF THE CITY OF DENTON* TEXAS, WITH RESPECT TO HOURS OF OPERATION OF
AN AMPLIFIED LOUDSPEAKER SYSTEM, PURSUANT THE PROVISi0N8 OF THAT
SECTION.
WHEREAS, a number of annual events taking place in the City of
Denton utilize amplified loudspeaker systems in connecti-)n,with
their feetivitiesi and
WHEREAS, many of these events contribute to an increased
quality of life for many of Denton's citizens, and help to promote
tourism and commercel and
WHEREAS, many of these events seek authorization from the City
Council to utilize such loudspeaker systems after the hours
normally approved by the Code of Ordinanceal and
WHEREAS, the City Council wishes to recognize and reward those
organizations epcneoring annual events which have demonstrated a
past history of responsible operation of such amplified loudspeaker
systems by eliminating the need to seek authorization for the some
event each years and
WHEREAS, the City Council hopes that such a program will '
provide an in-entive for other annual events to operate amplified
loudspeaker systems in a responsible fashions NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVELli
SECTION 1. That the ordinance format attached hereto as
Exhibit A is hereby approved for granting ongoing exceptions to
Section 20.1(c)(2) of the Code of Ordinances of the City of Detltor, I
Texas, with respect to hours of operation of amplified loudspeaker
systems, pursuant the provisions of that section.
` ,4ECTION IL. That, in order to qualify for consideration of an
I ordinance of the type attached hereto, the City Council intends
that such arrTUal events shall have demonstrated a minimum of three
consecuti•pe years of responsible activity in connection with t):e
use of such amplified loudspeakete pursuant to prior ordinances
granting exceptions to Section 20-1(c) (2) of the Code of Ordinances
of the City of Denton, Texas.
SSCTION_I11. That the duration of ordinances of the format
attached hereto should not ordinarily exceed three years.
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SECTION IV. That this resolution shall become effective iWa-
diately upon its passage and approval.
PASSED AND APPROVrD this the`r• day of w,a
1995.
BOB CASTLEBERRYo MAYOR
ATTESTS
JENNIFER NAf,TERS, CITY SECRETARY
BYi
APP D AS TO LEGAL FORMo
MICHAEL A. SUCER, ACTING CITY ATTORNEY
F
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ORDINANCE NO. CITY
PUR SECTION 20 C1 (c)F( )H OF THE CODE OF ORDINANCES OF THE CITY OFSDENTON,
TEXAS, AN ESPECT TO EXCEPTION N
HOURS OF OPERAT ONIOFTANAMPLIFIED LOUDSPEAKER SECTION SYSTEM!
R
AND SETTINO AN EFFECTIVE DATE.
WHEREAS, pursuant to 520-1(0) (2) of the Code of Ordinances of
the City of Denton, Texas, fay o! Hasson or aat~,ty ra■nonailrlal
has made application to the City Council for an exception to the
provision of that same section restricting the operation of ampli-
fied loudspeakers af~er 10100 p.m., in connection with the (Hama
os annual avant) annual event held at (leeatioa of avant) , and
in connection with said request, has requested the exception to be
granted on an ongoing basis fnr said annual event at said location
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1.tata tins of avant e a oa the third we and of each October)
and
WHEREAS, upon prior application and apptova] by the City
Council of the City of Denton, Texas, _(nama of Damon oK entij,y
Lqg 1a)has consistently demonstrated over the past _(L pt
years) - years an ability to responsibly operate amplified loud-
speakers in connection with the (sass o! annual_event) _ annual
event held at _il,neation of avant) , at times past the hours
defined in S20-1(c)(21 of the Code of Ordinances of the City of
Denton, Texas, within the public interest and without materially
disturbing persons of ordinary sensibilities in tha immediate
vicinity thereof( and
WHEREAS, based upon this past history, the city Council of the
City of Denton, Texas finds that granting an exception for this
annual event on an ongoing basis, subject to the restrictions
contained herein, would serve the public interest( NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi
1KQTIO3i, That, pursuant to 520.1(c)(2) of the Code of
ordinances, -(Hama ei Darr n or entity r ■ oasiblef _ is hereby
granted an exception said section's 10100 p.m. limitation upon the
operation of amplified loudspeakers, subject to the conditions
listed belowi
Ilist thingscondi tons here, which could include, among other
1. This exception is granted QAly in connection witn the
operation of the e -of annual avant)- annual ever,c at
ilocatioa ot_avaa on (stato time of event, *,a,, _oa the
r• - --:ate...,.
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2, (name of Mormon or anti~y respansiblp_} agrees to take
full responsibility for ensuring chat the conditions of thin
exception are met, and to take all reasonable measures
necessary to avoid disturbing persons of ordinary sensibili-
ties in the immediate vicinity of the event.
3, (aas<a o~ereen er antity rasrunsihlaL agrees to cease
using amplified loudspeakers at (11:30 p.m.
Under no circumstances shall the annual event employ the
use of amplified loudspeakers between the hours of 12:00 mid-
night and 7:00 a,m.
5. This ordinance confers no personal or property rights,
and may be amended, modified, supercoded or revoked in whole
or in part at the will of the City Council of the City of
Miton, Texas, without any advance warning, hearing or compen-
sation, for any reason at all, or for no reason,
6. This ordinance shall be strictly construed so an excep-
tion granted pursuant to 120.1(a)12) of the Code of Ordinances
of the City of Denton, Texas, The City of Denton, Texas
expressly reserves unto itself and all other persons any and
all legal remedies, civil or criminal, relating to excessive
noise in connection with this annual event, and hereby dis-
claims any promissory or equitable estoppel which might in any
way impede the pursuit of such remedies by any person.
E
(add other provisions as desired, e.g., not within 300, of a
church, school or hospital) not within 100' of residentially
zoned property, steel
sECT1oN lt. That this ordinance shall become effective
immediately, upon its passage and approval, and expire three years
hence, unless sooner repealed, modified or rescinded,
PASSED AND APPROVED this the day of ,
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BOB C, T BEAR ,~-MAYOR
ATTESTs
JENNIFER WALTERS* CITY SECRETARY
Sys Y
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APPROVED AS TO LEGAL FOPMr
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
BYe
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38 1.\.PdoC21mrl\,ru crd ATTACMMtNT I
ORDINANCE N0. U S3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO
SECTION 20.1(0)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH
RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM
AND SETTING AN EFFECTIVE DATE.
WHEREAS, pursuant to 520-1(c)(2) of the Code of ordinances of
the City of Denton, Texas, the Denton Festival Foundation has made
I application to the City Council for an exception to the provision
ration of amplified loud-
f
at same see ction restricting the
Men
of th n with the Denton Arts
after 1000 p.m., in connect
speakers 6
Jazz v annual Conter Park, in
request, has requested heexceptionato be
granted on an ongoing basis for said annual event at said location
the last Sunday in April from noon until 800 p.m.1 and
WHEREAS, upon prior application and approval by the City
Council of the City of Denton, Texas, the Denton Festival Founda-
tion has consistently demonstrated over the past four years an
ability to responsibly operate amplified loudspeakers in connection
with h~ at n tiArta & mes past s the hours a defined annual in event S0-1(c) d (2) at of Civic
Center Park, the
code of Ordinances of the City of Denton, Texas, within the public
interest and without materially disturbing persons of ordinary
sensibilities in the immediate vicinity thereof; and
WHEREAS, based upon this past history, the City Council of the
City of Denton, Texas finds that granting an exception for this
annual event on an ongoing basis, subject to tho restrictions
contained herein, would serve the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt
$ECTION__I, That, pursuant to 520-1(c)(2) of the Code of
OrdinancesI the Denton Festival Foundation is hereby granted an
exception said section's 10100 p.m. limitation upon the operation
of amplified loudspeakers, subject to the conditions listed below
1. Thiv exception is granted Qllly in connection with the
aa Civic Center Park, onrthe&lastaSunday it Aprilifromnnoon
until 8100 p.m,
2. The Denton Festival Foundation agrees to take full ! r'•~
responsibility for ensuring tthat the conditions o~ this
ake all reasonable measures
exception are met, and to
neccasary to avoid disturbing persons of ordinary senalbili-
ties in the immediate vicinity of the event.
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3. The Denton Festival Foundation agrees to cease using
amplified loudspeakers at 800 p.m.
4. Under no circumstances shall the annual event employ the
use of amplified loudspeakers before noon or past 8:00 p.m. on
Sunday.
5. This ordinance confers no personal or property rights,
and may be amended, modified, superseded or revoked in whole
or in part at the will of the City Council of the City of
Denton, Texas, without any advance warning, hearing or compen-
action, for any reason at all, or for no reason.
6. This ordinance shall be strictly construed as an excep-
tion granted pursuant to 520-1(c) (2) of the Code of Ordinances
of the City of Denton, Texas. The City of Denton, Texas
expressly reserves unto itself and all other persons any and
all legal remedies, civil or criminal, relating to excessive
noise in connection with this annual event, and hereby dis-
claimn any promissory or equitable estoppel which might in any
way imnede the pursuit of such remedies by any person.
}
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval, and expire three years
hence, unless sooner repealed, modified or rescinded.
PASSED MD APPROVED this the 6--h day of ~ 1996.
BOB CASTLEBERRY, MAY
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: r'>
APPROVED AS TO LEGAL FORM:
HERBERT L. PROM, CITY ATTORNEY
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BY:~~✓i~
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D E N T O N
"TAR
F 9 3 T 1 V A L
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Js,»uary 15, 1899
Mayor Jade Miller & Cdy Council
245 E. McKinney
Denton, Texas 78201
Honorable Mayor and City C6unc1:
In acoordance with your adopted policy for muki-year exceptions to the noise
ordinance, the Denton Festival Foundation requests a three-year exception to the noise
ordinanoe for the Denton"a Jazz Festival held In Civic Carrier Park, the last full
weekend In April each year. Our request Is to allow the use of amplified sound for the
purpose of the event until 11:00 p.m. on Friday and Saturday and from noon to 8:00
p.m. on Sunday.
Thank you for your consideration.
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Sincerely,
Carol Short, Festival Director
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Denton Festival foundation
E Q Boa 1101 @ Denton, Tum 76201 a (910) 0OMI
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ATTACHMENT IV
ORDINANCE NO.
AN ORDNANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO
SECTION 20•t(cx2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS,
AN EXCEP'.ION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT
TO HOUR: OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM; AND
SETTING Al I EFFECTIN R DATE.
WHE?LEAS, pursu nt to §20-1(cx2) of the Code of Ordinances of the City of Denton,
Texas, the Denton Festival : o~-dalon has made application to the City Cr mcil for an exception to
the provision of that same section r _-tricting the operation of ampfified loudspeakers from Monday
through Saturday after 10:00 p.m. and at anytime on Sunday, in connection with the Denton Arts &
Jazz Festival annual event held at the Civic Center Park, and in connection with said request, has
requested the exception to be granted on an ongoing basis for said annual event at said location the
last Friday and Sa;urday in April until I Ip.m., and the last Sunday in April from noon until 8:00
p.m.; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, the Denton Festival Foundation has consistently demonstrated over the past seven years an
ability to responsibly operate amplified loudspeakers in connection with the Denton Arts & Jazz
Festival annual event held at Civic Center Park, at times past the hours defined in §20-1(cx2) of the
Code of Ordinances of the City of Denton, Texas, within the public interest and without materially
disturbing persons of ordinary sensibilities in the immediate ~4,ciniry thereof; and
WHEREAS, based upon this past history, the City Council of the City of Denton, Texas
finds that granting an exception for this annrud event on an ongoing basis, subject to the restrictions
contained herein, would serve the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That, pursuant to §20.1(cx2) of the Code of Ordinances, the Denton Festival
Foundation is hereby granted an exception fiom said section's 10;00 p.m limitation from Monday
through Saturday and prohibition on Sunday, upon the operation of amplified loudspeakers, subject E
to the conditions listed below:
1. This exception is granted o y in connection with the operation of the Denton Arts &
Jazz Festival annual event at the Civic Center Park, on the last Friday and Saturday in April
until 11:00 p.m. and the last Sunday in April fro n noon until 8:00 p.m.
2. The Denton Festival Foundation agrees to take full responsibility for ensuring that
the conditions of this exception are met, and to take all reasonable measures necessary to
avoid disturbing persons of ordinary sensibilifier in the immediate vicinity of the event.
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3, The Denton Festival Foundation rgrees to cease using ampliBet loudspeakers at
1 I :00 p.m. on Friday and Saturday and 8:00 p.m on Sunday.
4. Under no circumstances shall the annual event employ the use of amplified
loudspeakers past 11:00 pm. on Friday or Saturday or before noon or pant 8:00 pmL on
Sunday.
5. This ordinance confers no personal or property rights, and may be amended,
modified, superseded or revoked in whole or in part at the will of the City Council of the
City of Denton, Texas, without any advance warning, hearing or compensation, for any
mason at all, or for no reason.
6. This ordinance sball be strictly construed as an exception granted pursuant to §20-
1(cx2) of the Code of Ordinances of the City of Denton, Texas. The City of Denton, Texas
expressly reserves unto itself and all other persons any and all legal remedies, civil or
criminal, relating to excessive noise in connection with this annual event, and hereby
disclaims any promissory or equitable estoppel which might In any way Impede the pursuit
of such remedies by any person.
SECTION IL That this ordinance sball become effective immediately upon its passage and
approval, and expire three yeah bence, unless sooner repealed, modified or rescinded.
PASSED AND APPROVED this the _ day of .1994.
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JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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Aptn~i NO
AGENDA INFORMATION SHEET
AGENDA II?Xt : February 2, 1999
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DEPAkTMENT- Electric Utility
ACM• Howard Martin, Assistant City Manager for Utilities06-.
t$ IBJECT:
AN ORDINANC . OF THE CITY DENTON, T EXAS AUTHORIZING THE CITY
MANAGER to XECUTF A PROFESSIONAL SERVICES AGREEMENT WITH R. W.
BECK, A CORPOMI JUN, FOR CONSULTING SERVICES PERTAINING TO THE
DEVF:LOPMA, NT OF A NEW ELECTRIC SERVICE RATE DESIGN FOR DENTON
MUNICIPAL FLVCTRIC; AU"fl{ORIZINO THE EXPEND]TURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE.
)lACXGROUND:
f)uring 199$. R. W Deck performed a traditional cost of scryice study for DME and "unbundled" t
DME's costs u.to the categories which Hill be used in a retail deregulated environment (Phase 1).
The next step (Phase II) in this process is to examine the existing DME rate design and develop a
new rate design which will position DME to transition into the deregulated world, Coupled with
the rate design effort is a need to allow both the PUB and City Council 10 become more familiar +
with the principles of electric rate design as they relate to a deregulated environment. Phase Il is
designed to accoloplish these tasks.
tipecifeally, Phase II uili;
• I1pdute the Phase I data with 1998 test )'ear data.
f 'eltorm additional unbundling analysis using only directly assignable costs, Per Mr.
~Ncw's request,
a lkvclop a rate design plan to transition DME to a deregulated environment, including
specific rate design recommendations for the 2000 budget
1 l1tof ide a series of interactive presentations for both the PUB and City Council on rate
design theory and application in a deregulated cm ironment.
ikon that we will be issuing a generation sale and a distribution sale RFP in parallel with this
process. it is necessary, to discuss thejustificution for proceeding with this process prior to
determining whether DME will exist in 2000. Thcre are several reasons forprocceding: 6
1 An understanding of the types of rates we will be ahle to utilize in a deregulated environment
will ldm idea more accurate estimate of DME's ability to generate revenue overtime, This
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will enhance the data from the valuation studies that are being performed and improve our
ability to make the final decisions regarding the future of DME.
• Completion of this process will take several months. If the decision is made to continue in
any portion of the electric business, it will be necessary to be ready immediately to move
ahead with rates designed for the new environment. If we wait until after the retain/sell
decision is made, it will be too late to start this work. ~
e The education process for PUB and City Council will significantly increase both groups'
understanding of what it will be like to operate an electric utility in a deregulated
environment. Since this process will take place in open meetings, it will also provide
Information to Denton citizens that will improve theirability to participate in the discussion
of the future of DME.
OPTIONS:
Option I - Perform Rate design and 6 educational presentations. This option would require
either special PUB meetings held during the day on Tuesdays or joint PUB City
Council work sessions held on Tuesday nights.
Option 2 • Perform Rate design and 12 educational presentations. This option would allow
separate ,~-ucational sessions for the PUB and City Council.
RECOMMENDATION:
Staff recommends authorizing Option 2. If it is possible to combine some presentations, that can
be done and associated cost savings realized. However, having the flexibility to schedule
separate meetings on normal PUB and City Council meeting days will assure that the maximum
number of members from both groups can participate in all sessions. It will also allow the PUB
the time to explore issues in more detail than may be possible during City Council work sessions.
LSTLk1A1'ED SCf1EDt'LE OF PROJECT:
August 1999
PRIOR ACTION/REVIEW (Council. Boards, Co s n :
The Public Utility Board recommended approval of Option 2 a, its meeting on January 13, 1999
with a unanimous vote.
FISCAL INFORMATION:
Option I -5109,500
Option 2.5:17,300
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:Respectfij Illy submitt
Sharon Mays
Electric Utility Director
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R. W.
BECK, INC., FOR CONSULTINO SERVICES PERTAINING TO THE DEVELOPMENT OF
A NEW ELECTRIC SERVICE RATE DESIGN FOR DENTON MUNICIPAL, ELECTRIC;
AUTIIORIZING THE EXPENDITURE. OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to engage R. W. Beck, [PC., a
Corporation ("Beck"), to provide professional consulting services to the City pertaining to the
development of a new electric service rate design for Denton Municipal Electric (DME") in I.
preparation for the expected transition of the Ci,y into a competitive deregulated electric
marketplace; and
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WHEREAS, EREAS, the City staff has reported to the City Council that there is a substantial need
for the above•dcscribed professional consulting services, and that limited City staff cannot
adequately perform the services and tasks with its own personnel; and
WEIEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knr,•xledge, and qualifications, and for a fair and reasonable price; j
and 1
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional consulting services, as set forth in the
Professional Services Agreement; NOW, THEREFORE,
THE COUNCIL OF THE C11 Y OF DENTON HEREBY ORDAINS;
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SF.C1 ION I: That the City Manager is hereby authorized to execute a Professional
Services Agreement with R. W. Beck, Inc., a Corporation, for professional consulting services
pertaining to the development of a new electric service rate design for Denton Municipal
Electric, in substantially the form of the Professional Services Agreement attached hereto and
incorporated herewith by reference.
SECTION i),; That the award of this Agreement by the Ci,y is on the basis of the r
demonstrated competence, knowledge, and qualifications of Peck and the ability of Beck to
perform the services needed by the City for a fair and reasonable price.
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SECfICA II[ That the expenditure of funds as provided in the Ott;:-bed Professional
Services Agreement is hereby authorized.
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SECTION 1Y: That this ordinance shall become effective immediately upon its passage j
and approval.
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PASSED AND APPROVED this the day of , 1949.
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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By:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
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STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES PERTAININGTO
T HE DEVELOPMENTOF A NEW ELECTRIC SERVICE RATE DESIGN
FOR DENTON MUNICI?AL ELECTRIC
THIS AGREEMENT is made and entered into as of the day of
1999, by and between the City of Denton, Texas, a Texas Mi : cipal
Corporation, with its principal offices at 215 E. hl%Kinney Street, Denton, Texas 16201 (hereinafter
"OWNER') and R.W. BECK, a Corporation, with its offices at, 1125 Seventeenth Street, Suite
1900, Denver, Colorado 80202 (hereinafter "CONSULTANT"); the parties acting herein, by and
through their duty-authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein o>ntained, the
parties hereto do mutually AGREE as follows:
ART[ LEI
EMPLOYMENTOF CONSULTANT
The OWNER 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 Articles to follow, with diligence and iu accordance with the highest professional
standards euamomar ly obtained for such services in the State of Texas. The professional services
set forth herein are in connection with the folIotving described project Consult'-,6 Services
Pertaining to the Development of a New Electric Service Rate Design for Denton Municipal
Electric ...Phase ll (the "Project').
ARTICLE I
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner.
A. To perform all those services and tasks as set forth in CONSULTANTS proposed "Phase 11
Scope of Work" which is contained in that certain nine (9) page letter dated December 23,
1998 from Joseph A. Mancinell4 Senior Director of CONSULTANT to Sharon Mays,
Director of Electric Utilities, Denton Municipal Electric, which letter is attached hereto and
incorporated herewith by reference as Attachment "A
B. CONSULTANT shall perform all those services set forth in any individual task orders which
shall be attached to this Agreement and made a part hereof for all purposes as separate
agreements.
C. If there is any conflict between tie terms of this Agreement and the Attachments attacUcd to
this Agreement, the terms and conditions of this Agreement shall control over the terms and
conditionsof the Attachmentsortwk orders,
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AR1iCLF.III
PERIODOF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in
force for the period which may reasonably be required for the completion of the Project. and any
required extensions approved by the OWNER. This Agreement may be sooner :-rminated in
accordance with the provisions hereof. Time is of the essence in this Agreement. The
CONSULTANT shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule(s) established by the OWNER, acting through
its Directorof Electric Utilitiesor her designee.
ARTICLE IV
COMPENSATION
A. COMPENSATIONTERMS:
"Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any
expense reasonably incurred by the CONSULTANT in the performance of this Agreement
for airfare, taxi fare, lodging, meals while traveling, parking fees, tolls, automobile rental
(when reasonably necessary), ground transportation, long-distance telephone charges, t
telecopy charges, printing and reproduction costs, and other incidental expenses incurred in
connection with the Project, Provided however, any subconsaitant billings reasonably
incurred by CONSULTANT in ccnAection with the Project shall be invoiced to OWNER at
cost plus ten (100/*) percent.
H. BILLING AND PAYMENT:
For and in considerationof the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT based upon the "Not To Exceed Cost
Estimate" detail respecting Tasks A and B, as set forth on pages seven (7) and eight (8) of
Attachment "A"; at the hourly ratesset forth in Attachment "B", which Attachments"A" and
"B" are attached hereto and incorporated by reference herewith; a total fee, including
reimbursement for direct non-labor expense, not to exceed S 109,500. OWNER has elected
to choose Option I regarding the Task B.1 alternatives contained on page 8, Attachment"A".
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its Assistant City Manager for
Utilities or his designees; however, under no circumstances shall any monthly statement for
services exceed the value of the work performed at the time a statement is rendered. The
OWNER may withhold the final ten (10%) percent of the contract amount until satisfactory
completionof the Project. 1 A ,
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Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his
designee, or which is not submitted to the OWNER in compliance with the terms of this
Agreement. The OWNER shall not be required to make any payments to the
CONSULTANTwhen the CONSULTAN I is in default under this Agreement.
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It is specifically understood and agreed that the CONSULTANT shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments by
the OWNER for any charge, expense or reimbursement above the maximum not to exceed
fee as stated hereinabove, without first having obtained written authorization from the
OWNER.
C. PAYNIENT
If the OWNER fails to make payments due the CONSULTANT for services and expenses
within forty-five (45) 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 forty-fifth (45th) day, and in addition, the CONSULTANT
may, after giving ten (10) days' written notice to the OWNER, suspend services under this
Agreement until the CONSULTANT has been paid in full for all amounts then due and
owing, and not disputed by OWNER for services. expenses and charges. Provided, ho ,ever,
nothing herein shall require th. OWNER to pay the late charge or one percent (1%) per
month as set forth herein, if the OWNER reasonably determi. s that the work is
unsatisfactory, in accordance %vith Arri.le IV of this Agreement
ARTICLE V
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 OWNER any defects or deficiencies in the work of the CONSULTANT
or any of its subcontractorsor subconvilt-mm.
ARTICLE VI
OWNERSHIPOF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANTS
subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shat'
become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicaUt to this project and OWNER'S
use of these documents in other prrjects shall be at OWNER'S sole risk and expense. In the event
the OWNER t, es the Agreement in another project or for other purposes than specified herein any
of the information or materials developed pursuant to this agreement, CONSULTANT is released
from any and all liability relating to their use in that project.
ARTICLE VIl
INDEPENDENT CONTRACTOR ,
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CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
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ARTICLE VIII
INDE`1NITYAGRE.ENMN I
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, agents, attomeys and employees from and against any and all liability. claims,
demands, damages, tosses and expenws, including but not limited to court costs and reasonable
anomey fees incurred by the OWNER, 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, attomeys and employees in the execution,
operation, or performanceof this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity. to any claim. 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 IX
INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State of
Texas by the State Insurance Commission or any successor agency, that has a rating with A. lvt.
Best Rate Carriers of at least an "A=" or above:
A. Comprehensive General Liab'lity Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with property
damage limits of not less than $100,000 forzach occurrence and not less than $100,000 in the
aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accidert and with property damage limits for not
less than S100,000 for each accident.
C. Worker's Compensation Insurance in accordanccwithstatutory requirementsandEmployer's
Liability Insurance with limits of not less than S 100,000 fur each accident.
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D. Professional Liability Insurancewith limitsof not less than S1,000,000 annual aggregate.
E. CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's
request to evidence such coverages. The insurance policies shall name the OWNER as an
additional insured on all such policies to the extent legally possible, and shall contain a
Al ,
provision that such insuranceshall not be cancelled or modifiedwithout thirty(30)days prior
written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellation of coverage, deliver copies of any
such substitute policies fumishing at least the same policy limits and coverage to OWNER.
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ARTICLE h
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
the parties may agree to settle any disputes under this Agreement by submitting the dispute
to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to, this Agreement involving one party's
disagreement may include the other party to the disagreement % ithout the other's approval.
ARTICLE Xl
TERMINATIONOF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty (30) days advance written notice to the otherparty.
B. This Agreement ray be terminated in whole ur in part in the event of either party
substantially failing to fulfill is obligations under this Agreement. No such termination will
be effected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) or intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than (30) calendar days to cure the failure;
and (2) an opportunity for consultation with the terminating party prior to termination.
C. If the Agreement is terminated prior to completionof the services to be provided hereunder, I
CONSULTANTshall irnmediat^ly cease all services and shall rendera final bill for services
to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay
CONSULTANT for all services properly rendered and satisfactorily performed, and for
reimbursable expenses prior to notice of termination being received by CONSULTANT, in
accordance with Arty-It IV of this Agreement. Should the OWNER subsequently contract
with anew consultant for the continuation of setvice%on the Project, CONSULTANT shall
cooperate in providing information to the OWNER and the new consultrnL The
CONSULTANT shall tum over all documents prepared or furnished by CONSULTANT
pursuant to this Agreement to the OWNER on or before the date of term'nation but may
maintain copies of such documents for its files. CONSULTANT agrees that k shall also fully
comply with any and all written requests received from the OWNER, through its Director of
Electric Utilities, to maintain confidentiality respecting certaln designated records,
documents, and other written materials related to the Project, which the OWNER reasonably
determines is competitively sensitive, and would likely cause damage to the OWNER if
di sclowd to the public or to any other person, party, or entity,
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ARTICLEXII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute not be deemed a release of the '
responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, j and subconsultants for the accuracy and competency of their designs
or other work performed
pursuant to this Agreement; nor shall such approval by the OWNER be deemed as an assumption j
of such responsibility by the OWNER for any defect in the design or other work preps A by the
CONSULTANT, its officers, employees, agents, subcontractors, and subconsultmw
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ARTICLEN I
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States mail
at the addresses shown below, by means of U. S. Mail, postage prepaid, certified mail, re urn
receipt requested, unless otherwise specified herein.
To CONSULTANT: To OWNER:
R,W, Beck City of Denton
Attn: Joseph A. Maneinelli, Senior Director Attn: Michael W. Jex
It 23 Seventeenth Street, City Manager
Suite 1900 213 East McKinney
Denver, Colorado 90202 Denton, Texas 76201
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given.
ARTICLE XIV
ENTIRE AGREEMENT
This Agreement consisting of nine (9) pages and two (2) Attachments constitutes the ►
complete and final expression of the Agreement of the parties and is imended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications understandings, and
agreements which may have been made in connection with the subject matter of this Agreement.
ARTICLEXV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competentjurisdicuon to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement,
and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read r r
or as they may hereafter be amended. ` (fir ; c
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ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XVIII
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, nor have any contractual relations with the OWNER.
CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of
interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its direct
supervision. All personnel engaged in performing the work provided for in this Agreement.
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services.
ARTICLE X1X
ASSIGNABILITY l
The CONSULTANT shall not assign any Interest in this Agreement and shall not transfer
any interest in this Agreement (whether by assiywneni, novation or otherwise) without the prior
written consent of the O WNER.
ARTICLE XX
MODIFICATION
No waiveror modi fication of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith,
No evidence of any waiver or modification shall be offered or received in tvidence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the partiei hereunder, unless such waiver or modification is in writing, duly
executed. The parties further agree that the provisions of this Article will not be wttived unless as
herein ,et forth.
ARTICLE XXI
MISCELLANEOUS
A. The following Attachments are attached to and made a part of this Agreement:
1. Attach.ment"A"- Phase I1 Scope of Work letUr(December 23,1998)
2. Attachment "B" R. W. Beck Billing Rates (December 23,1998)
B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment made by OWNER under this Agreement, have access to and the right to
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examine any directly pertinent books, documents, papers and records of the CONSULTANT
involving transactions relating to this Agreement. CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities
and shall be provided adequate and appropriate working space in order to condict
examinations or audits in compliance with this Article. OWNER shall give CONSULTANT
reasonable advance notice of all intended examinationsor audits.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas.
D. For the purpose of this Agreement, the key person who will serve as Project Manager
respecting this engagement shall be Joseph A. Mancinelli, Senior Director of
CONSULTANT. However, nothing herein shall limit CONSULTANT from using other
qualified and competent membersof their firm to perform the services required herein.
E. CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and In a sound, economical, efficient manner, atA in accordance with the
provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANTS disposal
all available information pertinent to the Project, including pr:v ous reports, any other data
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
CONSULTANTto perform professional servicesunder this Agreement.
0. The captions of this Agreement are for informa.'onal purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through its duly-authorized City Manager; and CONSULTANT
has executed this Agreement by and through its duly-authorized undersigned officer, on this the
day of .19".
"CITY"
CITY OFI)ENTON, TEXAS
By:
Michael W. Jez, City Manager t
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a p.y,,,,(yrrrwarkt4,l~r Rom I'M 6.11
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ATTEST,
JENNIFER WALTERS, CITY SECRETARY
By:
APPROYEr, AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
"CONSULTANT"
R, W. BECK, a Coq*mtion
4. <7
J A. ancine! eniot irector
ATTEST:
APPROVED ,
Ey
By: eith J, P1 t e, Open ione Director
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ATTACHMENT A
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December 23,1998
via Federal Express
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Ms. Sharon Mays
Director of Electric Utilities
Denton Nlunicipal Electric
901A Texas Street
Denton, TX 76241
Sabject: Phase If Scope of Work
Dear Sharon:
Based on the letter received from Cheryl Davenport (dated December 2, 1998) and our
conference call of December 16, 1998, we haVC modified our draft scope of work related to
Phase 11 - Unbundling and Rate Design Services. This modified scope of work provides
services to the City of Denton in two separate tasl
■ Task A- Unbundling and Rate Design Analytical Services
■ Task B -Presentation, Education and Public Process Services to be provided to the City
Council and Public Utilities Board
We envision that Task A and Task B services wi'I bt I.stertwined during the course of the
studv in order to keep the Board and City Council current with stud. results. A description
of these services and the related tasks are as follows:
TASK A UNBUNDLING AND RATE DESIGN SERVICES r
TASK A.1 PROJECT SETUP, DATA REQUEST, AND REVIEW OF DATA
Complementing our data gathering effort during Phase I of the Study, we will provide the
City with a written supplemental data request associated with the work outline below,
Requested data will be associated with updated electric system financial information,
production cost information, customer billing data, etc.
TASK A.2 DEVELOPMENT Of TEST YEAR 1998 REVENUE REQUIREMENT
We will davelop a forward looking Test Year revenue requirement for unbundling and rate
design purposes. Under this task, we will update the 1996 actual revenue requirement
developed In the Phase I analysis to 1998 actuals. Fiscal Year 1998 will then be adjusted for r
known and measurable differences, as IndicAPed in the 1999 budget. The end product will
result in a 1998 Test Year for unbundling and cost allocation purposes.
):44 34-0i.ItgOr%WS I H. o11x17n u2 f1M?3 ~.UM~~tl~tdK
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Ms. Sharon Mays
December 23. 1998
Page 2
TASK A.3 MARGINAL COST ANALYSIS
We will refine the Marginal Cost Ana;ysis developed in the Phase 1 Study with the benefit
of our in-house production cost modeling programs. Production cost modeling will Include
updating model inputs with current information, Once current data is input into the.
model, the results will be calibrated with actual production cost results. To test the model's
ability to simulate product cost, we wili "stress" the model by introducing significant load
variations.
Working closely with the utility staff, we will use the model to verify and adjust marginal
cost results developed In Phase I. The delivered product for this task will be the'
development of marginal cost information useful for rate design as described in Task A.6.
The work effort envisioned for this task assumes that the necessary input data will be
available from the City's existing PROSIM model.
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TASK AA UPDATE UNBUNDLING AND REVIEW RESULTS WITH CITY
The 1998 Test Year Revenue Requirement will be incorporated Into the unbundling model t
developed in the Phase I Study. Additionally, the unbundling model will be refined and
updated, as appropriate, to reflect current information. This process will Include re% lewing
cost allocation factors based on 1998 actual operating results and creating A University
Class for cost allocation purposes. Test year 1998 costs will be presented in both a fully
allocated unbundled format as well as directly assignable format to aid in understanding of
unbundling methodology. At the end of this task, one or two members of the project team
will visit the City to review unbundling results. Included in this review will be hands-on
examples of how the unbundling study will be useful to Denton. This trip Is anticipated to
be in conjunction with one of the six trips described under Task B.
TASK A,9 DEVELOPMENT OF DATABASE FOR RATE DESIGN AND PRICING ANALYSIS
An essential part of the electric rate study will be the development of a computer model,
which will allow us to measure the cifects on Individual customer bills, and on utility
revenues of various rate design alternatives, Modeling Is performed with the use of a
database, which allows duplication of customer billing calculations, thereby determining
system revenue adequacy and rate change effects on Individual customers. This
information is vital in the rate design phase of this project, as it allows us to specifically
identify the Impact of proposed rates on both Individual customers and the entire system.
Modeling of the revenue stream in this manner helps assure that the City will experience / r.
no surprises once rates have been implemented.
11 013341()11(MW)82423 H P10046420003NI,AVIVIi, MIi
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December 23,1948
Page 3
TASK A.6 Rut: DESIGN One of the primary objectives of the Phase ll Analysis will be to develop a long-range plan
for rates in a deregulated environment. Therefore, under this task, we will destgn and
evaluate numerous .ate alternatives to move Denton from its current rate structure v) rates
appropriate in a deregulated envircrment. This process will include the development of
strategies and a rate phase-in plan risommended to be taken by the electric utility
beginning in Fiscal Year 2000.
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December 23,1y98
Page 4
In alignment with this strategy, using information developed in Task A.1 through A.S; we
will develop the following rates for the City's review:
Rate Design Description
Unbundled Rates for existing rate classes, we will restate existing rates in an unbundling
format based on cost of service results.
Peak Load Shaving Tariffs We wal develop up to two tariffs that promote conservation of demand
during summer peak pericds. These tariffs may take the form of rate
incentives or customer rebates,
Rt-marketing Rate For General Service - Large customers, we will develop one tariff that
unbundtes Electric System casts with an option r.,r the customer t,, buy
power directly from the market
Large CommerclaMme• We will develop one Time of Use rate that provides Incentive for large
of-Use Rate Industrial customers to shift load off system peaks.
General Service - Small We will examine rate design alternatives which will improve the
_ competitive position of this class of customers. l
Load Aggregate Tariff We will develop a tariff that will offer load aggregation services to General
Service - Small and General Service - Large customers. In this analyses
we will examine the Impact of diversity on crlstomerloads and associated
rate revenues.
Interruptible Rate We will examine the economics, form and application of an Interruptible
rate for large industrial loads. Based on this analyses, we will make
recommendations to th, City.
Lighting Rates We will review the City's current strettlight tariffs and determine If
cuuent tariffs can be :amplified into fewer classes and rates.
Weekend Rates We will examine alternatives to the current weekend rate and evaluate the
impact of such alternatives on customers currently In the class.
Standby Rates We will develops standby rateapplicable to self-generation o. alternative
power suppliers requiring power from City generation.
Temporary Rates We will review and make recommendations as to the pricing and
application of the City's temporary service rates.
ec mpetiti%a Pricing Rates For General Service - Large customers, ive will develop a rate that prices
utility services at the Citv's Marginal Cost plus come measure of fixed cm, r
recovery.
All rate design will Include an evaluation of the impact of proposed rates on current
customers, expected economic impact to the City's revenue stream, and a comparison of
proposed rotes with the City's prim?ry compehtor> (Texas Utilities and CoServ)
02-0,93? OI OnJ or IM23:5 I H. v I OOia412-00635MAr il-t Lxk
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Ms. Sharon Mays r
December 23, 1998
Page 3
TASK A.7 REPORT PREPARATION The results of the study will be summarized In a preliminary draft report. The report will
include a discussion of assumptions and principal considerations, review of study methods,
explanation of data requirements and sources, and a listing of study conclusions and-
recommendations Grapttle presentations will be utilized to clarify and highlight study
results for the convenience of the reader Detailed printouts of rate design and other
detailed study analyses will be included as appendices, as appropriate. After the City's
review, we will finalize the report and deliver 20 copies to the City.
TASK A.8 REPORT PRESENTATION
We will present the final report to the City at the direction of management. We have
Included time in our cost estimate for one presentation of the final report at a joint meeting
of the City Council and Public Utilities Board. We have assumed that this presentation will
be held In conjunction with a trip described in Task 3, therefore, no further trave:ing
expenses were estimated for this effort.
TASK 8 PRESENTATION, EDUCATION, AND PUBLIC PROCESS
SERVICES
As Denton moves towards adoption of proposed rates developed In Task A, the City will
require presentation, education, facilitation, or other services to help Jeckion•makers
evaluate the impact of proposed rates. We expect that the education process would be
ongoing throughout the project and Involve the Public Utilities Board and City Council,
Each meeting will be tutorial and conducted in a formal to encourage questions and open
dialogue. Concepts as developed in the course of Task A will be presented and discussed as
it applies to Denton's situation. Under this task, we will offer the following services.
TASK B 1 MEETINGATTENDANCE
We have included in our cost estimate labor and expense associated with the preparation
and delivery of up to six rresentations arsi'ur workshops to the Public Utility Board and
City Council We anticipate that up to Iwo members of the project team will visit the Cily
for up to two days to deliver the presentations before the City Council and Public L'Wihek
Hoard separarely. Based on discussions with the Utility Staff, we have outlined the expected
content of five of these meetings. Howeve& we are able to adjust the content for each 4 ,
tutorial session as needed. (e; t'
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%Is. Sharon Mavs
December 23,1*
Page 6
V MEETING
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Rate Design 101 for traditional cost of service allocation including examples of rates in use
today by each of ~-e following;
■ City of Denton
■ A Texas IOU
■ A company currently operating Ina deregulated environmcsit
An additional one-day meeting with utility staff as described in Task AA is included under
the cost estimate for this meeting.
2`D MEETING
Rate Design for an industry preparing for deregulation including new types of rates that
would be necessary. ExamnIes should Include sates specially for Denton, including the
affect.
3'D MEETING
New Rate Design Theory for a Competitive Market including marginal cost and pricing,
Again, specific examples for Denton should be included In the presentation with an
emph, s's on marginal costing and what it means.
V MEETING
Portfolio of toots needed in a deregulated marketing Including the kind of tools available
and the ones that would most benefit Denton.
S1" * fEETING
Presenta':on of rate design for Denton.
V MEETING
Open meeting to review topics previously presented or discuss new topic.
We antidpate that these Ax meetings would take place over a period of two to four months
and include the results of Task A as these results become available. For cost estimating
purposes we have developed the following two Task BA alternatives for the City's
consideration:
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Alternative 1 One two-day trip to Denton per meeting topic by at loast one member
of the project team to meet Individually with the Public Utilities Eoard
and City Council (6 Trips in total)
u:01H531rtoo-IOW001:425 ti, 11tM146010*33.tit+.MIMDOC
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December 23,1998
Page 7
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Alternative 2 Two one-day trips to Centon per meeting topic by at least one member
of the project team to meet with the Public Utilities Board and City
Coin-A (12 Trips In tutal),
8.2 AoolTIONAIANAIYSEs
This task considers additional analyses or work products requested by the Board, City
Council, or Utility management as the project unfolds. Depending upon the scope and
complexity of such request, a separite work order numberand scope may be requested.
COST ESTIMATE
Based on the scope of work described above, we propose the folk,w!ng not to exceed cost
estimate:
a
A.1 5,3300 $200 $315W
A.2 7('00 300 7,300
A.3 9,700 400 101100
AA ?Ism 600 10,100
,
A3 5,100 200 5,300
A.b 14,700 500 ]5,200
A.7 7_700 600 8,300
A.8 JIQp $4,700
Totai,IZQQ
n1 n0675-01ibi0(D%2425 I H0100* 100MANOIN DOC
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December 23,1998
Page 8
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Alternative 1 Alternative 2
Task 0.1 Labor Expense 7bfal Labor Expense Total
Meeting Topic 1 $7100 $1,400 $8,500 $7,700 $2,100 $9
Meeting Topic 2 5,900 1,400 7 6,500 2,:00 8,600
i Meeting 7b Ic 3 5,900 1,400 7,300 6,500 2,100 8,600
Meedn Topic 4 5 900 1400 7 300 6 500 2100 8,600
Meedn Topic 5 5,900 1,400 7 300 6,500 2,100 8,600
Meeting Topic b $1400 $7,300 ILIV
Total S..bs?!! SB.i4Q WMI Shaw LaSl12 SSlr$!~
PROJECT TEAM
The project learn will be similar to that of Phase L In addition to myself and Robert
McGinness, we have included in the project team Mc Tymon Lodder of our Denver office as
a support analyst and economist and Ms., Barbara Sands of our Seattle office who is an
expert in production cost modeling.
CONCLUSION
If the scope of work and cost estimate related to Tasks A and 8.1 are acceptable, please sign
below and return to me one copy of such executed agreement This agreement will be
executed under the same terms and conditions set forth In our Phase I contract for services
with the Not to Exceed Cost Estimate modified as described above, Additionally, billing
rates will be adjusted to current rates as attached,
pD3S-01IX11WnUnU7S H.'G.OOiedi-0 EJh~b11Otl1J1t DOC
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Ms. Sharon Mays
December 23, 1998
Page 9
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We are prepared to begin work on Phase 11 service immediately upon authorizatiox-to
proceed by the City. We enjoyed working with you and your staff during Phase 1, and we
look forward to the opportunity to continue our working relationshep.
Sincerely,
R. W. BECK, INC.
oseph A. Mancl elli
Senior Director
;AM1un
C: Robenj•McGinness
Approved by:
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Sharon Mays
Director of Electric Utilities
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ATTACHMENT B
IL W. BECK
BILLING RATES
December 23,1996
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BILLING HOURLY
CLASS RATE (s)
1 13.00
2 16.00
3 40.00
4 53.00
5 66.00
6 79.00
7 93.00
8 106.00
9 119.00
10 13100
11 146.00
12 159.00
13 17200
14 185.00
15 19900
16 21200
17 213.00
18 238.00 I
19 25100
20 163.00 r
R. W, Beck will Invoice actual hours of services multiplied by the bMing ctass rate in effect at
the time of Invoking. Beck shall also Invoke at cost for any reasonable expenses incurred
on behalf of the project. In addition, any subconwltant billings incurred on behalf of the
project shall be invoked at cost plus ten percent.
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PUBLIC UTILITIES BOARD MEETING MINUTES
January 13, 1999 A
ITEMS FOR INDIVIDUAL CONSIDERATION:
AGENDA ISEM 3: Consider approval of Phase II of the Rate Design Scope of Work from
R.W. Beck,
Sharon Mays, Electric Utility Director, raked the Board to approve Phase 11 of the Rate Design
Scope of Work for R.W, Beck, Mays informed the Board that during 1998 R.W. Beck performed
e traditional cost of service study for DME to unbundle DME costs that will be used in a retail
deregulated environment (Phase I). Mays reported that Phase It of the Scope of work will:
a Update the Phase I data with the 1998 test year data.
s Perform additional unbundling analysts usingonly directly assignable cost.
a Develop a rate design plan to transition DME to a deregulated environment Including specific
rate design recommendations for the 2000 budget.
a Provide a series of Interactive presentations for Both the PUB and City Council on rate design
theory and application in a deregulated environment.
Mays recommended that the Board authorize Option II of Phase 11. Mays reported that Option II
(providing fur a rate design study and 12 education presentations) would give staff more
flexibility when arranging presentations for both the PUB end City Council members.
Mays pointed out to the Board that in analysis of the rate structures was needed to provide a more
accur.te picture of DME's ability to generate revenue in a deregulated market. She noted that this
work should be completed prior to the decision to rrtain/sell the electric system so DME could
move ahead with rates designed for the Pew market, if needed.
the Board voted unanimously to approve Phase 11 end Option 11 of the Rate Design Scope of
Work from RX Beck in an amount n(n to exceed f 117,300 after a motion by Board Member
George I lopk ns and second by Board Member Charidean Newell
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l~enda No.
AGENDA INFORMATION SHEET s
AGENDA DATE: February 2n°,1999 I
DEPARTNIENTt Planning& Development
CNIIDCA11ACb1: Rick Svehla
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas amending and adopting the schedule
of fees as authorized by Chapter 34 and Chapter 35 of the Code of Ordinances for the City of Denton.
Texas, for filing spplicalions for review, approval, grant or issuance of plats, plans, licenses,
certificates, variances or designations required by the subdivision rules and regulations and zoning
regulations ot'the Code of Ordinances; providing for repeal of all ordinances in conflict herewith;
providing it severability clause; providing a savings clause; providing for publication; and providing
an effective date.
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BACKGROUND
During the September 22'"x, 1999 Work Session, Council members approved the Implementarion of the
following public hearing notification procedures:
The legal notice of public hearings will be published In the local newspaper as per by state
law.
• The state-required 200-foot legal notice will be delivered via Certified Mail
• Courtesy notices will be delivered to resident/occupants located within 500 feet of a public
hearing property via first class mail,
4 Core-tex signs will be instaWd, using only twb different sign copies, "Zoning Change
Requested" And "Variance Requested".
City Council is now asked to consider adoption of an ordinance (Exhibit A) that amends the
development review fee schedule to reflect the costs of the new notification procedures, as follows:
• Newspagc Publication: No change is recommended. The publication requirement has not
been changed.
1 # 200-Ft. Legal otice: The fee schedule indicated that applicants will be charged the
prevailing postal rate for certified mail for each of the notices identified by Planning staff. At
present, the cost is $3.53 per notice ($2,9P - certified; $0.55 registered envelope).
t Courtesy otices: Each courtesy notice midled to property owners located within SJO feet of
the subject property will cost the applicant the prevailing rate for first class postage. At
present, the co=t per mailing is $0,33,
1 Sir ; Sign revs will vary according to size,
$63.00 per 2' x 3'signIrrame (road frontage with 45 or less mph posted speed limit)
SI00 per 3' x 4' sigrvframe (road frontage with 45+ mph posted speed limit)
City staff will obtain the signs and frames, determine how many signs will be required, l
and install, inspect, and remove the signs. Upon removal, the sign Is the property of the
applicant, and the City maintains ownership of the frame. Staff will try to keep the
number of signs to a minimum; at least one sign per road frontage will generally be
required.
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An illustration of the sign copy that will be used is illustrated below, Only two types of sign
copy will be used, "Zoning Change Requested" and "Variance Requested."
City of Denton
ZONING CHANGE
REQUESTED
For
PUBLIC HEARING
Iniormatlon Call
940.349-8350
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OPTIONS
1. Approve the fee schedule amendments as proposed.
2. Revise the proposed fees.
3. Postpone the proposed ordinance for further consideration,
4. Reject the proposed ordinance,
RECOMAIENDATION
Staff recommends that the implementation proceed as planned by amending the development review
fee schedule,
ESTIMATED SCHEDULE OFPROJ~
If the ordinance is adopted on February 2', 1999, its effective date will be Febrtluy 16'^, 1999. The
first public hearings to be affected by the Improved notification procedures rid revised fees will be
held by the Planning & Zoning Commission on March 10d', 1449.
IOH ACT10N1RE1'IE1V
City Council Work Session May 26°, 1998
City Council Work Session September 22nd, 1998
City Council Work Session Novem oer 250, 1998 r
City Council Work Session January 26'~, 1999 i
A,
KCAL iNFORIIIATIUN (J
The cost of mailings and signs will add to the cost of zoning change, planned development, specific
use permit, or variance applications. Staff has explored several alternatives with the City Council, and
the recommended fees will allow cost-effective notification improvements to be implemented. If
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mailings have been sent and/or signs have been Installed, applicants will not receive refunds for
applications that have been withdrawn or postponed because of actions controlled by the applicant.
EXHIBIT
Exhibit A: Draft Codinance
Respectfully Submitted,
Div' Hill /h
Di or of Planning and Development
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A
EXHIBITA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING AND ADOPTING THE
SCHEDULE Of FEES AS AUTHORIZED BY CHAPTER 34 AND CHAPTER 35 OF THE
CODE OF ORDINANCES FOR THE CITY OF DENTON, TEXAS, FOR FILING
APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS,
LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE
SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE
CODE OF ORDINANCES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A S£VERABILITY CLAUSEI PROVIDING A
SAVINGS CLAUSE= PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has amended the City Code,
Chapter 34 "Subdivision and Land Development Regulations" and Chapter 35 "Zoning" to Improve
public hearing notification procedures for annexations, zoning changes, zoning variances, appeals, and
special exceptions; and
WHEREAS, the City Council has determined that the cor "public hearing notification should
be borne by the applicants and petitioners making applications ret sting annexations, zoning changes,
zu,.-ing variances, appeals, and special exceptions; and
WHEREAS, the City Council now intends to exercise its authority under Section 34• 10 "Fees'
and Section 35.7(c) "Filing Fees" by adding the costs of mail and sign notification to the Development
Review Fee Schedule; and
WHEREAS, the City Council has conducted a public hearing on the proposed regulations
contained herein; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTIQ~, That the Development Review Fee Schedule set forth in Exhibit "A", attached
hereto and made a part hereof for all purposes, Is hereby adopted and authorized to be imposed for the
filing Df applications, review, appruval, grant or issuance of plats, plans, permits, licenses, certificates,
variances or designations required by the Subdivision Rules and Regulations and Zoning Regulations
set forth and authorized in Chaplen 34 and 33 respectively of the Code of O^dinances of the City of
Denton. " r.
SECTION II, That this ordinance shall repeal every prior ordinance In conflict herewith, but
only insofar as the portion of such prior ordinance shall be In conflict; and as to all other sections of the
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ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except
as to such prior ordinances or portions thereof as are expressly repealed hereby.
SECTION I11. That if any provision of this ordinance or application thereof to any person or
circumstance Is held invalid by any court, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Menton, Texas, hereby declares that it
would have enacted the remaining portions despite any such validity.
SECTION Vh That this ordinance shall become effective fourteen (14) days from its passage,
and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in
the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten
(10) days of the date of its passage.
PASSED AND APPROVED as this the _ day of ,1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
9Y:
APPROVED AS TO LEGAL FORM;
f3Y,
I[ERD PROUTY, CITY ATTORNEY ~0'
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EXIIIBITA. DEVELOPMENT REVIEW FEE SCHEDULE
f! Type or Application Fee
L Predesign Conference $250 (is no credited toward other fees)
2. Preliminary or Final Conveys, cc or Development Plat SF 2 + ! of
A11 Oth hers: $.00 * S101 acre
ea ntu : < 0 lots: 00 + ! lot
3. Pre Iiminary or Pi naIPlat ResidentiaL>10lot s:$100+S101lot
Nonresidential; $300+ $1 Vacre
4. Amending Final or Amending Preliminary Platt Replat $250
5. Minor Plats $3DO +$6/acre
6, Extension or Time for Plat 5100
7. Vacation of Plat $250
8. Ocneral De%clopment Plan W o 00 + $1 S fecre
9. Variance to Subdivision Regulations S250per variance
10. Annexation Petition W1
It Historic Landmark Designation $65
12. Specific Use Permit S1, 5D0 # S65lacre
13. Minor Amendment to Specific Use Permit $250
14. l7wrision of Time for Specific Use Permit 250
Bens: SO
15 /,oning Change 5 f - 25 acres: $I'M
25+. SO acres: 12!100
S. Uownroning SO+acres: $2,000+SIDIacre
17. loning Verincation Letter S20 per site
0. 5 acres: $1,500
I8. Planned Development District: 5+ • 23 acres; $2,000
Concept or Development Plan 25+ . 50 acres: $3,000
SO + acres: $4,000 + S 10 ! acre
19. Planned Development District: Detailed Site Plan 1,000+ 25! acre
20 Planned Deselopment Detailed Site Plan, $250
Minor Amendment
Panne ve opment tai a Site Plan:
S250
Time Ex,ension
22 Right-of-w't y or Fasement Abandonment SISO per le.
SO
23. Isuard or Adjustment WO
r27 1'uboic hearing Legal Notice for Property Owners within 200 Feet' Cur Postal Rate rot Certified Mail + SO.53 • each
Public Bearing Courlesy Notice rot Residents within 500 Feel* Cunent Post Rate far First Class Mail - each
I'ublic 1 fearing Sign - 2' x 3' rnr road fronuges or 45 or less mpha $65.00 each
Public I Dearing Sign - 3' x 4' for road frontages of 45 r mpha S 100.00 each
Note; The fees for items N24,2S,26, do 27 will be collected at least Cove days in advance of mailings and sign postings, Failure to pay fees will result in removal from scheduled
agenda.
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Agenda
AGENDA INFORMATION SHEET Agenda Item?7 1 _ A
0ale.__.~2L~_
AGENDA DATE: Frbruary 2,1999
DEPARTMENTt Engineering & Tramportr,tion
CMIDCMIACM: Rick Svebla, Deputy City Manager
i SUBJECT:
AN OF TE CITY OF DENTON. TEXAS PARK NGNSPACES, A DISABLED PARKING RAMP AREA ANDIS X THIiRTYYIM 1NUTE
PARKIN() SPACES ON THE EAST SIDE OF RAILROAD AVENUE NEXT TO DENTON
CITY HALL EAST; CREATING A BUS LOADING ZONE ON THE SOUTH SIDE OF
HICKORY STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND
DECLARING AN EFFECTIVE DATE.
BA00 D t
Staff received a request from Paulette Owens-Holmes, Ditectorof Human Resources, to
investigate compliance of the American's with Disabilities Act (ADA) regulations at their t
building. Citizens had expressed concerns regarding this issue. Staff received a second memo
(dated April 101h, 1998) from Ms. Owens-Holmes to include some regulations for "short-term"
parking as well.
RECOMM1IENDATION6
Staff recommends approval of these parking restrictions enhancing and providin; greater safety
and access to the traveling public,
PRIOR ACTIONIREVIEW (Councl! Boards Commissions)
The Traffic Safety Commission rcvlcw,ed the handicapped ordinance request on April 6, 1998
and the Limited Parking request on May 31% 1998 and recommended approval of both request.
KCAL INFORMATION ~
Approximately $300 for signage and marking
Respectfully submitted,
!c C rk, D rector S
Eng: Bring & Transportation
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CITY OF DENTON, TEXAS
Memorandum
Oste: March 13, 1998
To: Jerry Clark, Director of Engineering a Transportation
From: Pautetta OXvens•Nal rb , hector of uman Resources
/11
Thru: Mike Jez, ACM of Operations
Subject: Handicapped Parking on Railr Ave.
This memorandum serves as a formal request to sunray Railroad Avenue for
handicapped parking to be in compliance with the American's with Disabitities Act
(ADA) regulations. We hove had numerous complaints oonoeming the Inability to
access the entrance to Human Resources, Information Services and North
Central Texas College on Railroad Avenue due to no handicapped parking. We i I
understand that parking In this area is very limited, however, please consider the
area on Railroad directly in front of the DIVIC entrance be designated as
handicapped parking. Thank you for your assistance.
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'Dedirdled to Quofiry Semler'
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Traffic Safety Commission Minutes
' APM 6,199"0
page s or 6
ITEM 93 REVIEW AND CONSIDER APPROVAL OF THE CYPY OF DENTON FOA
HANDICAPPED PARKIN12 ALONG THE PAST CURB OF RAILROAD AVENUE
FROM HICKORY STREET A DJ,QANCE OF APPROXIMATELY 80 FEET NORTH:
Clark said this propesal Is dons the west fivotaje of the Deotom Municipal Complex
People housed hen iochide the Human Resources Departmeak Information Services,
upstairs is the college, and the ran is the Police Department. Apparently, the Police
Department and Human Resource Department bm received complaints about handicap
parking, They want the handicap spaces is proposed. This allows someone to come
straight up the ramp loco the !toot does. There are elevator Just to the right of the
entrance. One can also So down the south side of On building to an sear mmp leading
Inca the Police DcpartmenL
This is a request by the Human Resource Department sad Chief of Police. Chief lea
supervises time people. They have left it to staff to work this out Staff felt it was
Important to makstala even atom clesnace at the comnn than what is then. Staff is
recommending a 36 foot buffer and tofu 22 foot handicap spaces. That should get it as
close to the building u possible. Than may be a bwe callback as the college
enrollment fluctuates and people park at the building, That was not presented now. TSC
is only looking at handicap spaces. The bus stop may be redone to make it a more
efficient bus stop. It Is a busy bus atop.
Staff recommends approval.
Luce asked what becomes of the current handicap parking until wbich time it may
become bus parking. Clark sold stafTwould go ahead and mark It out There is already a
bus abelter. The handicap spaces are mote on the other end. A couple of spaces tee
being added. The bus already stops there. That is the clear shelter.
Hobdy asked if the spaces being evacuated would become general pr' .n j. Clark mid
there is a chance of that Staff will probably paint the spaces yellow. However, it would
not be iotaity enforceable without an ordinance.
Veronica Roles, Truupocutlon SpecWist, will be bringing Information to the
commission regarding no puking at or nesr a bus stop. It sou going to be on this
meeting, but all property owners at each stop must be contacted and actually giv i
permission. They will probably be coming for in official ordinance at the next meeting.
Luce said that L why bus parking is not part of this forma[ request Clark said yes.
STAFF RECOMMENDED: Approval
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COMMISSIONERS: Hill made a motion in approve the spaces for an ordinance as presented
for hmdicap parking. Riding seconded the motion. Medea passed
unanimously.
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CITY OF DENTON, TEXAS
Memorandum
Date: April 10, 1998
To: Jerry Clark, Director o Engineering and Transportation
From: Paulette Owen Director of Human Resources
Thru: Mike Jez, ACM of Operations
Subject: Parking on Aallmod Ave,
This Memorandum, in conjunction with our previous formal request, serves as an
additional request to survey Railroad Avenue for high turnover parking spaces.
There Is no short-term parking available for citizens and City of Denton
employees who need to conduct business at Denton Munkipal Complex. Please
consider the area on Railroad Avenue directly In front of the DMC entrance which
will not be designated as Handicapped Parking be considered High Turnover
Parking (preferably 30 min.-60 min.). Thank you for your assistance.
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"Ded~mlal fe Qwr1'ily &ruia"
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Traffic Safety Minutes
May 5°, 1995 K
Page 2 of S
Phillips asked how many students would attend McMath.
HolIo+vay said at this time, there an 975 to approximately 1,000 students dated for that
campus.
Sawko eked what the speed limit would be - 20 MPHI
Clark said it would be 20 MPH.
STAFF RECOMMENDED: Approval
COMMISSIONERS: Sawko crude a motion to accept staff recommendation. Phillips seconded the
motion. Motion passed unanimously.
1`17EM 03 REVIEW AND CONSIDER APPROVAL- OF THIRTY (30) INUTE PA tr►NO FOR
THE SIX PAR_tr ING SPACES ON RAILROAD BETWEEN THE HANDICAPPED
RAMP AND THE DRIVEWAY ON THE NORTH PROPERTY LINE BETWEEN THfi
HOB QP g A.M. AND S P.M. MONDAY THROUGH FRIDAY:
Clark said this is the same area that TSC looked at tat time. This Is Railroad Avenue,
Hickory Street, and the Municipal Complex. Staff mentioned that when the handicap I
spices were considered, staff would try to incorporate all these changes. Students and
employees are parking here at times s whole day. The need is really for people to come
in and go out quickly whether ft Is at the college at at Hunan Resources. An example Is
when somebody tomes and applies for a job; they can drop an application off within 30
minutes, If somebody at the City needs to drop something off, they can do that Hwm
Resources and Information Services (which are the computer people) arc too sled here.
Upstain Is the collegt, The college will probably be here for two more year. They are
building a sew campus, to that will help.
There are 36 feet of comer clearance and $8 feet of handicap puking previously
approved. Here there is a handicap apace with room to load and unload. There Is about a
foot-and-balf less than 50 fat This is starting from there and going six spices with 22
feet each which is 132 feet leaving l t feet from the alley. Staff recommends these be 30
minutes. If TSC feels that Is too heavy for police enforcement, It could be done for one
hour. If you do that, students may try to park there for class hoping to beat a ticket You
would not gain much. Staff recomaeods 30 minutes.
Clark said suffplans to incorporte this and the handicap act into one ordinance if this Is
approved. City Council could consider it in one ordinance.
STAFF RECOMMENDED: Approval
COMMISSIONERS- Luce made a motion to approve the 30-minute parking limit and to incorporate
this and the handicap spate into one ordinance. Bacon seconded the motion. r ,
Motion passed unanimously.
ITEM #4 GFNERAL BUSIy'ESS:
5
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ORDINANCE NO,
AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING FOUR DISABLED
PARKING SPACES, A DISABLED PARKING RAMP AREA AND SIX THIRTY MINUTE
PARKING SPACES ON THE EAST SIDE OF RAILROAD AVENUE NEXT TO DENTON
CITY HALL EAST; CREATING A BUS LOADING ZONE ON THE SOUTH SIDE OF
HICKORY STREET; PROVIDMG A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That when signs or markings are in place giving notice that parking spaces are
for disabled parking only, no person shall park a vehicle that does not display a disabled parking
license plate or a disabled parking placard at any time upon the following street in the City of
Denton.
On the cast side of Railroad Avenue from 36 feet north of the north curbline of East Hickory
to 124 feet north of the etubiine of East Hickory.
SECTION II, That when signs or markings are in place giving notice that an area is a loading I
zone for a disabled parking ramp, no person shall stop, stand, or park any vehicle except for the
purpose of loading or unloading a disabled person upon the following street in the City of Denton:
J
On the east side of Railroad Avenue from 124 feet north of the north curbline of East Hickory
to 172.5 feet north of the north curbline of East Hickory. 1
SECTION Ill. That when signs or markings are in place giving notice that parking spaces are
limited to no more than thirty minute parking, no person shall park a vehicle for more than thirty
minutes upon the following street in the City of Denton:
On the east side of Railroad Avenue from 1723 feat north of the north curbline of East
Hickory Street to 304.3 fat north of the north curbline of East Hickory Street.
SECTION IV. That the disabled parking spaces which are south of City Hall East on the
south side of East Hickory Street near its intersection with Railroad Avenue shall be converted into
a bus stop because the disabled parking spaces will be moved to the east side of Railroad Avenue as
designated as Sections 1 and 11 of this ordinance.
SECl10N V. Tl at the provisior r of Section i prohibiting the parking of vehl0es shall apply
at all times tc the dcsig r,ted portion of the above named street or streets except whet t is necessary
e
to stop a vehicle to avo.d conflict with other traffic or In compliance with the direction of a police (
officer or official traffic control device.
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=Q& U That all provisions of the ordinances of the City of Denton in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and
effect.
SECTION VII, That if any provision of this ordinance or application thereof to any person or
circumstance :s held invalid, such invalidity shall not affect the other provisions or applications, and
to this end the provisions of this ordinance are severable
SECTION VIII. That any person adjudged guilty of parking a vehicle In violation of this
ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred
Dollars (5200.00).
SECTION VI. That this ordinance shall become effective fourteen (t4) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinawe to be
published twice in the Denton-Record Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _ day of ,1999.
JACK MILLER, MAYOR
ATTEST, I
JENNIFER WALTERS, CITY SECRETARY
BY: _
APPROVED AS TO LEGAL FORM,
11EBERT L. PROUTY, CITY ATTORNEY
1 fly a.~m.aen.K.'wsn, prlMr o+
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agenda
Aprnd~ Item
AGENDA INFORINATION SHEET Date
AGENDA DATEt February 20999
I)EPARTMENTt Engineering & Transportation
CM/DCM/ACM: Rick Svehla, Deputy City Manager
SUBJECT:
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON THE
NORTH SIDE OF SUN VALLEY DRIVE FROM THE EAST CURB OF STUART ROAD TO
THE EAST CURB OF YELLOWSTONE PLACE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLAR*: , AN EFFECTIVE DATE,
BACKGROUND:
Staff receved a request in September 1998 to review traffic coneems at Ginnings Elementary
School by Mary Helen Martin, Principal. Study shows that the school, driving public, and
emergency service access could best be served by removing parking on the north side of Sun
Valley Drive from the east curb of Stuart Road to the east curb of Yellowstone Place.
I
RECOMMENDATION:
Staff recommends approval in order to improve the safety at this location.
PRIOR ACTION/REVIEW fCounctl, Boards. Commissions)
Traffic Safety Commission reviewed and approved the request at its November 0, 1998
meeting.
FISCAL INFORM Lo
} Approximately 5200 fo- signage and marking
RespectfUlly submitted:
Je C c, Dir ctor
Engineering do Transportation
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Tragic Safety Commission Minutes - November 4, 1999
4
ITEM I3 REVIEW AND CONSIDER APPROVAL OF PROHIBITING PARKING DURING
SCHOOL HOURS ON THE NORTH SIDE OF SUN VALLEY FROM THE EAST CURB
OF STUART ROAD TO THE EAST CURB OF YELLOWSTONE, AND CONSIDER A
BUS LOADING ZONE DURING SCHOOL HOURS FOR THE SOUTH SIDE OF SUN
VALLEY BETWEEN THE EAST CURB OF STUART TO THE WEbT CURB OF
YELLOWSTONEr
Clark said this request was submitted made by tb4 f3innings School Principal, Mary Helen Martin.
She called staff 2 - 3 months ago to come and observe traffic during peak hours, especially the
allernoon peak when people pick up their children. It is a fairly serious problem This school was
designed for half the children it has presently.
Serious stacking occurs on Stuart, actually blocking it completely. There Is a major problem too
on Sun Valley. The Stuart Road Project problems arc probably going to have to be addressed
from DISD. HofefuIly, some of that will be coming to TSC for consideration.
Staff added a bus lane in this notice, However, the bus lane is already there by Ordinance on page
6 under Section S of the School Zone Ordinance and staff Apologizes rat submitting it The bus
lane Issue doesn't hove to be discussed. Staff wanted to be sure the problem wasn't moved from
one aide to the other.
This is a request foe "no parking" on the north side of Sun Valley from the cast curb of Stuart
Road to the East Curb of Yellowstone. Basically, with buses there and ptaking on the north, I
people try to circulate back and forth, there Isn't any room to get through there. The drop off
comes out in front of the school at the intetsection which Is one of the things DISD will be
addressing. This proposal will be taking one lane out to give more room so people can get through
there. It will eliminate kids walking across the street from the parking on the north.
Overall, staff feels this Is positive and recommends approval of no parking on the north side of
Sun Valley from Stuart Road to Yellowstone.
Luce asked if the committee had any questions.
Walters asked what times it would be posted. Clark said diving school hours on school days
before 7:30 a nt, and after 3:30 p.m. residents can park there as per school zone ordinance.
Wolters mid not during the day, Clark said you can limit the hours, but it adds a lot of
enforcement to it where people will come out and move their can like on the square. There are
too few policemen to enforce it Staff is trying to snake it as simple as possible. Thu Is an option,
and if TSC decides to do that, staff will look up the hours on the others and make it similar.
Ilobdy asked if she residents in this area were aware of the possible change, park said yes. They
were notified by the school the early put of last week. Ridens asked if there were any objections.
Clark said no.
Luce asked iranyone was present to speak in favor of the request No one came forward. Luce
asked if anyone was present to speak against the request No one came forward. Discussion r
closed. ,
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STAFF RECOMMEND: Approval
I
COMMISSIONERS: Ridens made a motion to accept sUffrecommetadation. Walters
J
seconded the motion. Motion passed unanimously.
Pale 2ofII
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u~"ur~i~ ~lementrrr~ Jc~lool ~
am Sun Valley
Demon, Texas 7WI
October, 1998
City of Denton Traffic Safety Board:
M September I made a request to your department for assistance with
traffic and safety concerns at Ginnings Elementary. Jerry Clark (City of
Denton Staff) and Gene Holloway (DISD Transportation Director) met with
me to discuss the concerns and share their recommendations. Based on .
our discussions the best Interim averse of action pending a permanent
resolution with our proposed construction In 1999.2000, is to petition the
city for a change in parking status on the north curb of Sun Valley across
from the school. This proposed change would make the north curb a "no
parking" Zone during school hours. 1
We are requesting consideratior, for a "no parking" zone on Sun Valley
across from Ginnings Elementary during school hours. A letter was sent on
October 18, 1998 to property owners to make them aware of this
request,tAnschn,anl #q This fall the district will review plans for a permanent
solution for the safety and traffic concerns at Ginnings. Consideration will
be given to a bus lane, additional staff parking, parent pick up, and ADA
compliance Issues. Attached is the most recent site plan for your review.
(Anachment 12) If additional information is needed by this board, please do not
hesitate to contact me at (940) 387.3848.
Sincerely,
-All
Mary Helen Martin
Principal
Co. file A
Norm Sisk, DISD Director of Operations
Attachments (2)
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W sun valley
Denton, Texas 7M
I
October 16, 1998
<Property Ownerx
Ginnings Elementary requested a review by the City of Denton's
Engineering and Transportation Division regarding the traffic congestion
and subsequent safety concerns it poses during school hours. After this
preliminary study the city recommended that we seek a change In parking
on the north side of Sun Valley. The request, if approved, will designate the
north curb of Sun Valley dirWly across from Glnnings Elementary as a "no
parking" zone during school hours. This matter will be discussed In the
Traffic Safety Meeting scheduled November 2nd at Denton City Hall.
Ginnings Elementary will continue to seek a permanent solution to this
traffic concern as a part of the district bond projects planned for 1999.2000
school year. If you have questions or concerns, please contact me at
Ginnings Elementary.
Sincerely,
Mary Helen Martin
Ginnings Elementary
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ORDINANCE NO.
AN ORDINANCE C F THE CITY OF DENTON, TEXAS PROHIBITWO PARKING tiN THE
NORTH SIDE OF SUN VALLEY DRIVE FROM THE EAST CURB CF STUART ROAD TO
THE EAST CURB OF YELLOWSTONE PLACE; PROVIDING A. SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON IIEREBY ORDAINS:
SECTION I. That when signs or markings are in place giving notice thereof, no person
shall park a vehicle at any time upon the following street in the City of Denton:
On the north side of Sun Valley Drive from the east curb of Stuart Road to the east curb
of Yellowstone Place.
SECTION 11. That the provisions of Section I prohibiting the parking of vehicles shall
apply at all times to the designated portion of the above named street or streets except when it is
necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction
or a police officer or official traffic control device.
SECTION i►l_ That ail provisions of the ordinances of the City of Denton in conflict I
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall
remain In full force and effect.
.Tlc ON IV, That if any provision of this ordinance or application thereof to any person
or circumstance is held Invalid, such invalidity shall not affect the other provisions or
applications, and to this end the provisions of this ordinance are severable,
SECTION V, That any person adjudged guilty of parking a vehicle in violation of this
ordinance shall be guilty of a mt demeanor and punished by a fine not to exceed Two Hundred
Dollars (5200.00).
SECTION V That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the
city of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVFD this the day of .1999.
R~
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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Agenda No„_ QQ
Agenda item R
AGENDA INFORMATION SHEET Data AGENDA DATE: February 2,1999
DEPARTMENTt Finance/Treasury
CMIDCM/ACM: Kathy Du$ose, Assistant City Manager
Fiscal Management and Municipal Services
BJECT:
A rem son approving the expenditure of previously budgeted and disbursed hotel Tax Funds by
the Denton Chamber of Commerce Convention and Visitors Bureau.
BACKGROUND:
An audit was conducted by Susan Croff, Internal Auditor, to determine hotel tax recipient
compliance with Texas Tax Code 331, City contracts and Council approved budget, In addition,
processes were reviewed in order to make recommendations to reduce administrative tasks and
improve recording, reporting and monitoring of these tax funds.
The audit determined that Dr the year ending September 1997 the Convention and Visitors
Bureau exceeded their original budget by $12,125. Although the expenditures were within the
purposes set out in the lax code, the budget was not formally amended by City Council.
Approval of this budget amendment ordinance serves as a "housekeeping" procedure.
RF.COMMENDATIONt
Staff recommends approval of the ordnance,
PRIOR ACTIONIREVIEW (Connell. Boards. Commisloaal:
The Hotel Occupancy Tax Committee reviewed the Hotel Tax Recipient Audit on November 25,
1998 and recommended the budges amendment of the Hotel Occupancy Tax lands by the
Convention and Visitors Bureau be submitted to the City Council for review and approval. Itte
Audit Committee reviewed the audit on December 8, 1998 and recommended the amendment be
brought berore the Council for approval.
FISCAL JNF'OKMATION:
Approval of these expenditures does not require the allocation of additional funds.
Res ctfully submi ed.
2
Diana Ortiz J
Director of Fiscal Operations
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RESOLUTION NO: _
A RESOLUTION APPROVING THE EXPENDITURE OF PREVIOUSLY BUDGETED AND
DISBURSED HOTEL TAX FUNDS BY THE DENTON CHAMBER OF COMMERCE
CONVENTION AND VISITORS BUREAU
WHEREAS, TEX. TAX CODE 4351.101(a) authorizes the City of Denton, Texas to use
revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel
industry by advertising and conducting solicitations and promotional programs to attract tourists and
convention delegates or registrants to the municipality or its vicinity, as well as to engage in
historical restoration and preservation projects and activities and advertising and conducting
solicitations and promotional programs to encourage tourists and convention delegates to visit
preserved historic sites and museums; and
WHEREAS, the Denton Chamber of Commerce Convention and Visitors Bureau is a
current and prior recipient of such funds, pursuant to delegation convicts authorized by TEX. Tex
CODE §331.101(C), and
WHEREAS, a recent audit of the activities engaged in by Hotel Occupancy Tax m1pients
pursuant to such contracts revealed that surplus funds accumulated and not expended In prior years
by the Denton Chamber of Commerce Convent,on and Visitors Bureau were not returned, and that
some of the accumulated surplus was expt-n&1d In FY96.97 for goods and services not budgeted
and approved in that fiscal year; but
WHEREAS, the audit report also found that said unauthorized expenditures nonetheless
fully complied with r: -equirements of Chapter 351 of the Texas Tax Code, and that all
rcrna!oing unexpended : -aplus has been returned to the City; NOW, THEREFORE,
BE 11,'k;,SOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
$E, TTION I. That the FY96-97 expendi!ure of previously budgeted and disbursed surplus
Hotel Occupancy Tax funds by the Denton Chamber of Commerce Convention and Visitors
Bureau is hereby approved after the fact, based upon the findings referenced in the recitals ad forth
above.
APPROVED AND ADOPTED this, the day of ,
1999.
JACK MILLER, MAYOR `
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUfY, CITY ATTORNEY
BY
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1995-98 Hotel Tax Recipient Audit
Compliance Audit Report
November 23, 1998
Convention end Vieltorn Bureau
t99S-t998
CVS O'B eacetdr the 1996.97 hudsat la the amount of S12,129. The funds expended were unused tax
funds and Interest from previous budgeted years. Ile audit of expendit'.'cs did not reveal any non-
compliance as to the intended use of the funds. Therefore, audit recommo.-nds post•approvsl of these
expenditures by Council, This approval will allow these past expenditures lobe in compliance with
Texts Tax Code S51.
Ref.. 0-2/1
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Agenda Agenda itern_. f
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AGENDA WORMATION SHEET
AGENDA DATE: February 2,1999
DEPARTMENTt Fiscal Management and Municipal Services
CM/DCM/ACM: Kathy DuBois, Assistant City Manager
Fiscal Management and Municipal Service
SUBJECTi
An ordinance directing the issuance and publication of Notice of Sale of City of Denton General
Obligation Bonds; and providing for in effective date.
EACKC O;R UNVi {
This ordinance provides the Notice of Salt of General Obligation bonds which authorizes the 1
issuance and publication of the notice of sale fat $8,213,000 of General Obligation Bonds, Series
1999, The bonds will provide funding of S5,2 i 5,000 for Parks and Recreation (53,330,000) and
Engineering & Transportation (S4,66!.000).
,000).
PRIOR ACTIONAEVLW(Conr~t30arda Commisler~al:
All of these projects were approved in the 1995.2003 Capital Improvement Program (CIP) and
were reviewed by the Debt Management Committee,
FISCAL INFORMATION:
The General Obligation Bonds, Series 1999 will require an average annual debt service payment
or approximately 5633,000.
R ctfully submitted:
f
Vians Ortiz
Director of Fiscal Operations
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ORDINANCE NO.
AN ORDINANCE D,RECTING THE ISSUANCE AND PUBLICATION OF
NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS,
AND PROVIDING FOR AN EFFECTIVE DATE
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1. That the City Secretary is directed to issue a Notice of Sefe of Bonds In
substantially the following form:
OFFICIAL NOTICE OF SALE
CITY OF DENTON, TEXAS
$8,215,000
GENERAL OBLIGATION BONDS
SERIES 1999
The City Council of the City of Denton, Denton County, Texas, will receive seated bids at the
Municipal Building, 215 E. McKinney Street, in the City of Denton until:
11:00 a.m, C,D,T, Tuesday, March 23, 1999
for the purchase of
58,215,000 General Obligation Bonds, Series 1999 to be dated March 15, 1999, and to
mature serially on February is of each year 2000 through 2019,
Sealed bids, plainly marked "Bid for Bonds", should be addressed io "Honorable Mayor and
City Council, City of Denton, Texas", and must be submitted on the "0'llctal Sid Form" to
be made available by the City Council prior to the date of sale.
All sealed bids will be publicly opened and tabulated before the Council.
Copies of the "Official Statement", "Notice of Sale", and "Official Bid Form" are being
prepared and will be mailed to prospective bidders on or about March 9, 1999, and will be
furnished to nny prospective bidder upon request, by Ft at Southwest Company, 201 South
Main, Suite 1320, Fort Worth, Texas 76102, Financial Advisor to the City.
7 he City reserves the right to reject any and all bids and to waive any and all irregularities. ,
By order of the City Council of the City of Denton, Texas.
JENNIFER K, WALT RS
City Secretary
City of Denton, Texas
C
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Section ll. That said Notice shall be published once In The Bond Buyer, New York, New
York, which is a national publication regularly and primarily carrying financial news and municipal
bond sale notices; and said Notice also shall be published once In the "Denton Record•Chronicle%
which has been designated as the official newspaper of the City of Denton. Said publications shall
be made at least thirty days prior to the day set for receiving bids.
Section Ill. Ti at this Ordinance shall become efTective Immediately upon its passage and
approval
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PASSED AND APPROVED this 2nd day of February, 1499.
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Jack Miller, Mayor
ATTEST:
Jennifer Walters, City Secretary
APPROVED AS TO LEGAL FORM:
Herbert L. Prouty, City Attorney
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Agenda Nc ZL . 00P
Apanda 11em.`....
Date
AGENDA INFORMATION SHEET
AC,'ENDA DATE: February2, 1999
DE,PARTMENTi Fiscal Management and Municipal Services
CM'DCM/ACM: Kathy DuBose, Assistant City Manager
Fiscal Management and Municipal Services
SUBJECT
An ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of
the City of Denton; and providing for on effective data
BACKGROUNDr
This ordinance provides the Notice of Intention to issue Certificates of Obligation for $6,935,000
which authorizes the issuance and publication of the notice of sale or certificates of Obligation,
Series 1999. The bonds will provide funding of 56,935,000 for an Airport Fuel Facility
($175,000); Communication upgrade (5440,000); Central Fire Station Remodeling ($87$,000);
Fire Equipment ($1,500,000); Eady Warning Sirens ($2$0,000); Fleet Maintenance and Fuel
Facilities (52,635,000); Solid Waste Equipment (S1,t300,000) and costs for issuance of the bonds.
PRIOR ACTIONME.VIEW !roue iL Boards. Co misleaal:
All of these projects were approved in the 19984003 Capital Improvement Program (CIP) and
were reviewed by the Debt Management Committee.
FISCAL. INFORMATION;
The Certificates of Obligation, Series 1999 will require an avrage annual debt service payment
of approximately $516,000.
Respectfully submined;
Diana Ortiz
Director of Fiscal Operations
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ORDINANCE NO.
AN ORDINANCE
DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON;
AND PROVIDING FOR AN EFFECT[ DATE
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, it is deemed necessary and advisable that Notice of Intention to Issue Certificates
of Obligation be given as hereinafter provided.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1. That att~:hed hereto Is a form of "NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON", th, form W^.d substance of
which are hereby adopted and approved, and made a part of this Ordinance for all purposes.
Section 11. That the City Secretary shall cause said NOTICE, in substantially the form
attached hereto, to be published once a week for two consecutive weeks in a newspaper of general
circulation in the City, with the date of the first publication to be at least fifteen (13) days before the
date tentatively set for the passage of the Ordinance authorizing the issuance of such Certificates of
Obligation.
Section III. That this Ordinance shall become effective immediately upon its passage and
approval.
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PASSED AND APPROVED this the 2nd day of February, 1999.
Jack Mil 'r, Mayor
ATTEST:
Jennifer Walters, City Secretary
APPROVED AS TO LEGAL FORM:
Herbert L. Prouty, City Attorney
By: _
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THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION
OF THE CITY OF DEN-TON
THE CITY OF DENTON, in Denton County, Texas, hereby gives notice of its intention to
issue CITY OF DENTON CERTIFICATES OF OBLIGATION, In accordance with the Certificate
of Obligation Act of 1971, as amended snd codified, a id other applicable laws, in the maximum
principal amount of 56,935,000 for the purpose of paying all or a portion of the City's contractual
obligations incurred pursuant to contracts for the purchase, construction and acquisition of cruet
real and personal property, to wit: (a) fuel facilities at the City's airport, (b) upgrades to the City's
communication system, (c) renovation to fire stations and acquisition of fn e equipment, (d) fuel and
nuuntenance facilities for the City's vehicles and (e) various equipment for the 6'ity's landfill, and also
for the purpose ofpaying all or a portion of the City's contractual obligations for professional services
of engineers, attorneys, and financial advisors in connection with the above contracts and said
Certificates of Obligation. The City proposes to provide for the payment of such Certificates of
Obligation from the levy and collection of ad valorem taxes in the City as provided by law, and from
certain revenues derived by the City from the ownership and operation of the C.tyb Utility System
(consisting of the City's combined waterworks system, sanitary sewer syste.A and electric light and
power system). The City Council of the City tentatively proposes to authorize the issuance of such
Certificates of 0bligation at a meeting commencing at 11:00 a.m. on the 23rd day of March.1999,
in the City Council room at the Municipal Building (City Hall), 215 E. McKinney, Denton, Texas.
CITY OF DENTON, TEXAS
By: Jennifer K• Walters,
City Secretary
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