01-10-1989
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AGENDA
CITY OF DENTON CITY COUNCIL
Janur.3y 10, 1989
special Call Meeting of the City of Denton City Council on
Tuesday, January 10, 1489, at 5:30 p.m. In the Civil Cefense
Room of City Hall, 215 E. McKinney, Denton, Texas at which the
frllowi^y item will be considered:
`p 5:30 p.n,.
1. Consider legislation to create a Regional Mater and
Wastewater System for Denton County.
At 7:00 p.m., the City Council will convene in the Council
Chambers of City Hall, 215 E. McKinney, Denton, Texas at which
the following item will be considered:
7:00 p.m.
1. Consider adoption of an ordinance annexing 135 acres
located south of Mills Road, east of Mayhill Road, and
north of McKinney Street adjacent to existing city
limits (A-55). (The Planning and Zoning Commisson
recommends approval).
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C E R T I F I C A T E
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I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas,
on the day of , 1980 at o'clock
(a.m.) p.m.
SECRETARY
"ZTTY
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January 3, 1989 /
CITY COUNCIL WORK SESSION
TO: IdAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Upper Trinity Municipal Water Agency 1
RECOMMENDATION
No action required at this time.
SUMMARY/BACKGROUND
f In the early 1980's, Denton began to be asked to provide %vholesale water to Its
neighbors and, In 19860 the Public Utilities Board Included in their Master 'tan,
the following paragraphs regarding reglonal water/wastewater pinnnings
Water
"Denton will establish Itself as a regional water supplier
utilizing Dallas water for entitles other then the citizens
of Denton. However, Denton will explore participation
In a regional water treatment entity to meet the region
and Denton's future needs. Such entity shall have
appropriate controls placed upun it that Denton could
appropriately share in the control of Its functions,
operations, pricing and growth"
Wastewater
"Denton will establish itself as a regional war~.ewater
treatment entity. Denton will, where economically
feasible, encourage discharge of wastewater Into
Denton's wastew~s.er collection and treatment system.
Where not feasible, Denton will take an active role In
operatingg ans; monitoring wastewater treatment
systems} developed in the northwest Denton County
region, and area generally bounded by the Elm Fork of
the Trinity River on the east and the Hickory Creek
Branch of Lewisville on the south."
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lsted with Lake Cities Municipal Utility
As events progressed and Denton negot Y~ater Supply Corporation for
Authority, hiickory Creek, Argyle and Argyle
sale of wholesale water and weslewater services, the i ublic Utllite`tBoard and
City Council expressed serious concerns about Denton ullizing
lte i cost water plant to serve whoiesola customers, and then
r ter plant to replace
rolatively low cap
e.we, essences the concerns
required to build a new and much more
Wholesale Gusto expensive
capacity being utilized
revolved around providing water at averorle costs ve highest incremental costs.
How recedcnt regarding Providing average cost for
_ rr, llegal and regulatory p
e eve
wholesale water vs highest incremental cost had been set In the case of Delles
Dallas o In the m.1970s.
vs itre wholesale watlcrc~siomerrcitiea basedduponttheIncremental tcost Pof new
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develop terse for the
haa euilicient water suppt for it's own
liesend
reaer)o're and treatment facilities and to retain
cit;r;ns, Delles claimed correctly that they
plants for the citizens of Dallas and that high cost new reto
such atr sheep
treesment Rey Roberts, and treatmer,l, pionts wsre Primarily vequired serve
Issue
the rapidly growing suburb customer. In fact, this was a major reason f Of
Rey Roberts Reservoir being delayed for several years.
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The Texas Department of Water Resources (now the Texas Water Commission)
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Uallas being required to change its position and
and court action resulted in
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offer all water rights, reservoirs end treatment f on essentleliy an
average cost basis to its own citizens and customer cities alike.
With this background, Denton structured its wholesale water
Lake Cities Municipal Plater Authority and Hickory
water contracts until Denton required builii its pcovide ntheir own capital sand become pert ere
customers would be neighboring city
with Denton in a new water plant. In addition, each time a I
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would discuss purchasing wholesale water from Denton and request assistance
in building a water transmission line from Denton's s)stem to their
community, the Public Utilities Board and City Council expressed serious
reluctance to spend Denton citizens' funds to help extend water lines for other
communities.
These issues and concerns led the Denton Staff to shy away from taking on the
role of a regional water/wastewater supplier. The focus wed then directed
toward helping develop an independent regional water agency who could
provide these services.
The Staff believes there are four basic alternatives Plr Denton. Each has pros
and cans. These alternatives arei
1. Denton become a Regional Agency
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U) Denton may Increase Its influence in the county.
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Cons a) Probably would be required to provide services at
average cost vs Incremental costs
b) Customer cities may become resentful of Denton's
control over their water services
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c) May have to stare Denton's water rights In
Lewisville and Flay Roberts Lakes.
d) Regulatory bodies and courts may exercise more
authority over Denton. I
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e) Would have to provide all up-front capital for new
reservofis, plants and pipelines.
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f) Major staff effort in maintaining negotiations with
customer cities.
2. Denton, alone or with partners, create a 11511' non-profit
corporation to serve as a Regional Agency. (Denton and
Lewisville have already done this.)
1 Pros a) Denton maintains majority control.
b) Denton maintains influence In the County.
c) Denton somewhat limits Its liability relative to
option 1.
d) Denton could possibly avoid sharing water rights and
"everage" facility costing (but this is not certain). j
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r;ons a) Customer cities may reject concept citing lack of
control In decisions but carrying full obligation for
payment of costs.
b) Denton would have to odd staff to handle this effort.
c) Regulatory bodies and courts may exercise more
authority over Denton.
d) Council would have to spend ^mhstantial time in
ratifying contracts, bond issues, rates, etc.
e) Denton may have to share more costs in pipelines
then in option 3 or 4.
3. Denton participate in Creation of an Independent Regional
Agency
Pros a) Denton maintains some degree of control and, by its
j membership and dominant size in the County, can
maintain a substantial degree of influence.
b) Much more acceptable to all entitles in the region
relative to options I and 2.
c) Removs any liability from Denton except that for
which Uenton may specifically contract.
j d) ices support of Texas Water Commission, Water
Development hoard and North Central Texas
Council of Governments.
e) Reduces Denton's staff time requirements relative
to options I dod 2.
d) Reduces regulatory and legal oversight of Ucnton's
system relative to options l and 2.
Cone e) Denton does not have complete control.
b) Denton's Influence would be less than options 1 and 2
c) Could create an entity that may exercise some
Influence over Demon's raw water options In the
future.
r~ 4, Do not participate In Creation of a Regional Agency
Pros o) Ocnton is removed from any obligations of the
agency.
! b) Denton's staff time Is substantially reduced.
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cons o) Agency will probably be created and Oenton would
have no Influence
b) Agency may embark on projects Denton does not
think are in the best interests of Denton.
c) Denton may find it necessary to be partners with
the Agency in water supplies or facilities, but have
less influence In structuring the arrangement than in
option 3.
d) Denton may occeslunally have to resort to an
adversarial role with the Agency to gain desired '
Influence over the Agency's actions.
All of the above pro and con issues should be supplemented with the general
"advantages and disadvantages" listed on page 4 and 5 of the Council backup
information of December 13, 1988.
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RESPONSES TO COUNCIL QUESTIONS OF DECEMBER 13, 1988
C A number of questions and Issues were raised at the last meeting and others
submitted to the Staff in writing. Following is a listing of these questions and
Issues and the Staff's responsesr
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Issue Denton Contracts with Neighbor Cities i
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In conjunction with the sale of "surplus" water and wastewater
services to neighboring communities, Denton has repeatedly
taken the position that each of the neighbors must make plans
for permanent service without reliance on Denton's
infrastructure. is the proposed legislation consistent with that j
• policy?
Response Yes. In fact, the legis!atlon will provide us a tool for carrying
out that policy. That was one of our mein purposes for helping
fund the study. Denton's water contracts with Lake Cities
Municipal Water Authority ar, f Hickory Creek, at the request of
the PU13 and Council, are interim contracts only. These
contracts have provlclons whereby we agree to treat water for
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' these customers at our existing plant only until Denton builds
another plant. At that time, these wholesale
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customers nerd to become an equity owner In Denton's new
plant and Lrovide capital construction funds. The Regional
District will provide a method for these wholesale customers, J
and several other area cities who have requested wholesale 1
services from Denton, provide the needed financing.
Issue Demon's Embedded System Cost
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Will the proposed regional system be able to Impose new costs
on Denton or ts!<e control of Denton's low cost facilities?
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Response No. The legislation prohibits the District from taking over any
city facility without that city's permission. The District may {
not Impose any cost on ttie city. All services will be voluntary.
` The city would request such service from the District only if
the District could do It better or et less cost. If the District is
available to the other cities, it provides us a mechanism to
retain our existing, lower cost facilities, for the benefit of
Denton citizens. 1
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Issue Another TMPA
What will keep the Upper Trinity Regional Water District from
creating similer concerns that Denton has with TMPA?
Response The legislation will prevent another TNIPA because the
concerns of Denton about TMPA were taken into account when
It was drafted. Denton can serve on the Board, help establish
the policies of the agency, then observe the track record of the
h agency for a few years before deciding If It wants to negotiate
a contract for service. If Denton exercises Its leadership role,
there is no reason to believe that the agency will not always
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serve the best interests of Denton.
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The legislation does not impose any obligation on Denton.
However, It will give Denton some additional choices for water
and raw water supply, wastewater treatment and solid waste,
but we are under no obligation to take any of the choices. We
can continue to take care of our own citizens within our own
capabilities. If we are convinced that the District offers an
advantage for a specific service, then Denton contracts for that
specific service.
One of the concerns with the TMPA contract has been Its "full
requirements" provision. Although there is a "backout" clause
from this "full requirements" provision, it is difficult to
Initiate. The Regional District will not have a "full
requirements" provision. For each service that Denton desires,
whether that be for a raw water supply or if Denton should
change Its present policy of owning all of Its own
water/wastewater plants and decide to contract for an
Incremental amount of water or wastewater treatment
capability, Denton would only be obligated to th3 amount for
which It contracted. Thereafter, on future plant requirements,
Denton could either build its own or it could again contract
f with the District for an Incremental amount of service.
Another concern with TMPA ties been that of control. Since
the District will he only cne of many options that Denton will
have for any particular service that the District Is authorized
to provide, the District will have to structure and offer those
services so that they will be economically attractii a to
Denton. This element of "competition" will give Denton a high
degree of control over how the District operates.
Regarding representation, Denton City Council will appoint one
member to the Board and that member can be recalled "without
' cause" by the Council. There will also be an advisory
committee established that will have a representative from
each entity. This committee will help to maintain a line of
^ommunlcetlon to the cities.
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Issue Service Alternatives
What are the choices or alternatives the District will offer
Denton?
Response Specifically, It is envisioned Denton will have the following
alternativest
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I. Become a "contract member" and have a position on the
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Board and have equal voting regarding water/wastewater
plans for the region and general policies of the District.
This will cost a nominal fee each year, limited to not
more then 50¢ per capita.
2. Denton may become a "participant member" In a water
! or wastewater pipeline. Denton would have a vote on
matters associated with that project with some degree r
i4 of proportionality to Denton's financial commitment to
` the project.
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There are two alternatives for how this participation
could be structured. Denton could either, 1) contract for
this specified service or, 2) could enter a specific
rontrect for a "facility band" agreement, wherein the j
District would finance the projectp or proportion thereof,
and Denton would pay the actual debt service cost of
Denton's share of the project.
J. Denton may enter into a "partnership" agreement with
4 the District for a share of Denton's new water plant
wherein the District takes a 25% to 50% ownership. This
arrangement would continue to give Denton control and
operation of the plant but could result In substantial
savings to Denton customers because of economies of
scale In building perhaps a 20 million gallon per day plant
ve a IU million gallon per day plant.
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4. Long term, Denton would probabl, become a "participant I
member" for securing additional raw water supplies. The
District will provide Denton with much stronger
bargaining pc •!er end political influence when
attempting to get water rights or in negotiating for
vlater reservoir ownership.
In a more general sense, the District could provide the
following range of services to its members:
1. An agency to obtain a supplemental source of raw water.
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2. A specific capacity in a specific treatment plant or
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pipeline.
3. Service to a limited area of the city somewhat remote
f from the city's own facilities.
4. Full service for either wholesale water or wastewater
service.
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5. An alternative vehicle for financing some of the city's
requirements through "special facility bonds".
6. Sclid waste disposal.
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7. Response to EPA concerning etormwater dlsche• gea.
8. Coordination of watershed protection stroterles.
Issue The Legislation vs the Contrecte
The draft legislation does not seem to answer many of the
f questions and concerns that have been raised.
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Response Legislation Is not the proper place to cover the details. The
legislation is very broad but enables the creation of a District
with sufficient power and latitude to address a variety of
needs. The details will be addressed in individual contracts to
be negotiated with each agency, accorc:ng to the needs and
preferences of that agency.
Issue Why a Regional 5ystern? We have done very well without a
regional utility system up to this point. Why change now?
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--1 Response The truth is that we have parts of several regional systems
serving Denton County, but none of them ere coordinated or
under control of Denton County citizens.
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fJ11A4iAs Provides water and wastewater services on the
e6st side.
Dallas Provides long-range raw water supply and
treated water service to several communities.
TRA Provides wastewater treatment in the southern
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A regional systern providing a coordinated plan of service under
a board of Denton County citizens does three things)
~ I. Gives us assurance that the service and evlply viii be ,
adequate. 1
2. Makes economic sense.
3. Responds to new regulatory requirements for a
coordinated regional strategy for safe drinking water and
a clean environment.
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Issue Local Prerogatives
Won't the move toward regionalization take away some local
freedoms?
Response At first blush, it may seem so; but, on reflection, the correct
answer is "No". There is no reason to believe that the
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regulatory bodies will deny a permit to a city which
demonstrates a preference and a capability to do their own
thing--especially If they can do it cheaper.
Issue High Costs
` Mrinicipal Utility Districts (MUDS) around the state have
F exceptionally high rates. This system could make Denton's high
water rates even higher.
Response l*i Denton's situation, this system will not be like a municipal l
utility district. It will not provide retail service to customers
` who have no choice. It will provide wholesale service on a more
efficient basis then each city can accomplish on its own.
Otherwise, It will have no customers because the service Is
voluntary.
Issue More Municipal Utility Districts (MUDS)
Denton has always opposed the creation of MUDS. Will this
legislation open the door?
Response_ No. In fact, it will provide more local control over special
districts than presently exists. The draft legislation recognizes
the right of MUDS to be created and pieces more control then
titles now have over the creation and operation of such
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districts. In fact, each city must concur before a sub-district
can be created within either its limits or ETJ. The main
purposes for Including sub-districts In the legislation is so
existing water supply corporations can be reconstituted so they
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have on opportunity for membership in the District, and for
rural residents to have a mechanism to finance and operate a
retail water and wastewater system.
Issue Getting Out
If we choose to become a participating member of the District,
can we ever get out?
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j Res onse A city that joins the regional system for purposes of
h constructing a facility will be obligated for the same length of
time that it would be if it constructed the same facility by
using its own bonds; that is, the obligation continues until the
bonds are retired. However, In the regional system it may be
able to transfer that obligation to another member who needs
the capacity. As long as we remain a "contract member", we
can withdraw at any time.
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r Issue Future Raw Water Rights
1he recently completed Ray Roberts project does not meet ell
of Denton's future needs for water supply. How will this
legislation help?
Response Two ways. A regional agency, if we chose to use it, will give us
more clout In competing for the limited supplies available.
Also, it will provide a mechanism for getting rights to our
return flows.
Issue Administratlve Costs
Whet assurance do we have that this will not be another
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Response If Denton chooses to be a contract member so it can be on the
I oard and set policy, it will help pay the administrative cost of
the agency; bu', it can withdrew at any time. Therefore, the
board will not impose unreasonable charges on Its members;
otherwise, it could find itself without anyone to help carry the
freight. Furthermore, the legislation sets an upper limit on any
such fees at 50¢ per capita.
In addition to the general questions received, Councilmember Hopkins posed
the following specific questions. Listed ere responses to those questions and
concerns which have not been addressed In the material immediately
j preceeding.
0. Are thr attorneys in Hutchison's firm preparing the draft for legislation?
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A. Bob Dransfield of the firm of Hutchison, Boyle, Brooks and Dransfield,
has been the primary author of the legislation. This firm was selected by
' the Denton County Water Study Steering Committee as pert of the
Engineering, Finance end _egal Team hired to conduct the Denton
County Water/Wastewater Study.
0. If that la the case, which bond attorneys will be representing the district?
A. Bond attorneys for the District have not been determined at this time.
The selection of bond attorneys will be done by the Board of Directors of
the Agency. However, only minimal legal fees have been paid to date,
and there may be some anticipation by the attorneys that they will be
selected as the bond attorneys.
Q. If It Is the same firm, is this customary?
A. It Is not uncommon for the law firm who has worked r,ith all of the
entitiee In the region In studying the regions' needs and In drafting
legislation for a regional agency, to then be selected as bond counsel.
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Subsequent to the December 13, 1968, meeting, we asked Paul Norton,
Denton's Bond Counsel, to review the legislation. Attached as Exhibit
11 are his comments. Also Attached (Exhibit 1) is a copy of the
Legislation (draft of 12/23188) revised and blacklined to reflect
changes from the draft of December 18, 1988.
Prepared/Approved Byl P.espe ry,~
~~J Lloyd Harrell
. Nelson, Exe uttve Director City Manager
Department of Utilitl CC W7
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Exhibit li Proposed Legislation (revised)
i Ill Ltr of 12128188- Comments from Paul B. Horton, Denton's Bond
Counsel
nl: Newspaper Articles ,
lVo CC Agenda Item of December 13, 1986
V3 Minutes PUB Meeting
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Hutchison Boyle Brooks & Dransfield
AM WiS,ONAL C.':NaA V CN
Y105VE.S 11 Ltly
3900 FIRST CITY CENTER AuST N WFIr_E
DALLAS, TEXAS 752016622 Ioo0 SAN ACm1C CEN1tF TOWN IAeE
AUSTIN. TE05 16101 403G
(lobes D. Dransfield 121« 754 8600 45121 n11.{-21
214) 754 863
riAlLAS TE Ii CCU' F+VMBEFs
1214, 15, C1540
December 23, 1988
D
The Honor&ble Mayor and City Council 0 3 0
City of Denton
215 E. McKinney d M 40EERSOF ICE
Denton, Texas 76201
I~ h
Re: Proposed Legislation Creating Upper Trinity Regional
Water District
Dear Mayor and Councilmembers:
In accordance with the requirements of Article XVI,
f Section 59(e) of the Texas Constitution, I am forwarding
herewith one copy of the proposed legislation referenced above,
together with one copy of the Notice of Intention to Introduce
a Bill published on December 7, 1988, in The Dallas Morning I
News, a newspaper of general circulation in Collin, Dallas, and 1
Denton Counties. 1{
The proposed bill, if enacted and signed into law, would
create a regional water and wastewater district located
primarily in Denton County, Texas. It would be empowered to
serve cities whose boundaries are wholly or partially within
Denton County. The legislation is the outgrowth of a detailed
planning process which has taken place over the past two years
and which has involved approximately 30 governmental and
quasi-governmental entities in Denton County. The district has
no taxing power.
The primary purpose of the bill is to create an entity
that can provide water and wastewater planning and
implementation services in Denton County on a regional basis.
+ The district would also be empowered to provide solid waste
disposal services and non-hazardous liquid waste disposal
I services as the circumstances would dictate.
1 A copy of the bill has been forwarded to Governor
Clements in accordance with other constitutional requirements.
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EXHIBIT a`
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The Honorable Mayor and
City Councilmembers
December 23, 1988
Page Two
Should you have any questions, please do not hesitate to
contact me.
Sincerely, I
HUTCHISON BOYLE BROOKS 5 DRANSFIELD
Robert D. Dransfield
RDD/als I
4112W
ENCLOSURE
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1011CE OF INTENTION
TO INTRODUCE A BILL
STATE OF TEXAS
COUNTY OF DENTON
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NOTICE is hereby given that the undersigned intends to
app; to the Legislature of the State of Texas, Regular
providing
then oUpperr tTrinity a9RegionaliliWatertinDistrict; creation
definitions and legislative findings; providing for a board of
directors and the management of the District; providing the
I rights, powers, duties, and functions of the District and its
board of r
establishment of oa s cusand tomer other Personnel; providing fgeneral
and specific powers and duties of the District; Providing
procedures for the issuance of bonds, notes, and other
obligations, end the use of the proceeds thereoflroiding for
the designrtion of a depository; providing procedures
entering into and letting contractsi providing certain
regulatory and police powers; authorizing the creation of
subdistricts and providing procedures for the operation of such
subdistrict.; providing for the payment of creation expenses;
providing an exemption from ad valorem taxation; providing
severability; making findings is to compliance with
requirements of Article XVI, Section 59(d) and Section 59(e),
Texas Constitution; and declaring an emergency.
THIS NOTICE is given in accordance with the requirements
legislation will Afind lthatlsaid requirements o have Constitution
said Section
meta of the Taxis GIVEN this Docember S, 1988.
BOARD OF DIRECTORS
UPPER TRINITY MUNICIPAL WATER
AUTHORITY, INC.
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EXHIBIT_____
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Hutchison Boyle Brooks & Dransfield
~ VR pFF SSDNAI [M POF XigN
A!rORNFr! n FAn
3900 P057 r' + ENTER AUSTIN OFFICE
L)ALLA$,TEXA3 ;32014622 1000SANJACINTOCENTERTOWNLAME
Robert D• 3L mfeld 1214; 7548600 AUSTIN, TEXAS 76701,4039
171 d) 751.56333 1512) 477 4121
DALLAS tELECOC9 NUMBER,
12,41 754 0640
MEMORANDUM
DEC 2 71988
Tot The Attached Distribution List
FROM: Bob Dransfield
REi December 23, 1988
RE: Vpper Trinity Regional Water District
Enclosed herewith please find a draft of the legislation
authorizing the creation of the captioned district, marked to
reflect the changes reviewed at the December 21, 1988
worksession. Please do not hesitate to contact me shruld you
have any questions,
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EXHIBIT
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DISTRIBUTION LIST
Commissioner Lee Walker
Courthouse on the Square
110 W. Hickory
Denton, Texas 76201
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Mr. Steven Bacchus 1
151 W. Church Street i
Lewisville, Texas 75067
Mr. R. E. Nelson i
215 E. McKinney Street ]1
Denton, Texas 76201
I V Mr. Austin Adams
I 122 Brookdale
i Lewisville, Texas 75067
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Mr. Don Cline
1945 Jackson Road
Carrollton, Texas 75006
Mr. Tim Fisher
1123 Fort Worth Drive
Denton, Texas 76202
Mr. Martin Highbaugh I
501 N. Shady Snores
P. 0. Box 355
Lake Dallas, Texas 75065
l Mr. Dick Sellars
100 E. Main
Pilot Point, Texas 76258
Mr. Tommy Turner J
P. 0. Box 56008
The Colony, Texas 75056
Mr. Tom Taylor
1100 N. Kealy
Lewisville, Texas 75067
' Mr. Frank Medanich
Mr. David Medanich
500 First City Center
Dallas, Texas 75201
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Mr. Ronald S. Meyerson
Assistant City Attorney
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Mr. Ronald J. Neiman
City Attorney
City of Lewisville
386 W. Main
Lewisville, Texas 75067
Ms. Karen Brophy
City Attorney
h City of Carrollton
1945 Jackson Road
Carrollton, Texas 75006
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61AcKi,rit'd to ru~ic~i}
c1141001 4UM 11 -11. Sr
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A BILL TO BE ENTITLED B + M Z 1
AN ACT
relating to the creation, administration, and powers, including
the power of eminent domain subject to limitations, and to the r
duties, operations, and financing of the Upper Trinity Regional ii
water District, and to the creation therein of subdistricts
with the power to levy and collee.t ad valorem taxes within the
subdistricts; and containing other matters related thereto.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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SECTION 1. Purpose. It is the purpose and intent of
this act to establish a mechanism that can provide on an
orderly basis for the water, wastewater, solid waste, and
liquid waste needs of Denton County and the entitles that ray
be served by the authority herein created. To accomplish this
I purpose, a conservation district, without taxing power, is
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created, with the power included to create subdistricts having
the power of taxation, subject to limitations, all for the
j purpose of providing for such sarvices on a coordinated basis
that is consistent with the regionalization objectives to be
satisfied by the creation of the authority.
SECTION 2. Definitions. In this act:
(a) 'district' means Upper Trinity Regional Water
District created in section 1 of this act and any other public
body at any time succeeding to the property, principal rights,
powers, end obligations of said Upper Trinity Regional Water
District,
(b) "basic service area" means the geographic area
contained within the corporate limits of all participating
members, all contract members, and all customers and such areas
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as are served by said members and customers.
(c) 'board" means the govetniog board of directors of
the district.
(d) 'contract member" or 'contracting member" means one
or more, as the case mry be, of the governmental entlti.rs which 1'.
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2rovides retail utility service within its boundaries, that i
contract with the district within two (2) years from the
effective date of this act to preserve the option to become a
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participant within 10 years from the effective date of this act
awl ogree to pay+an annual pro rata share of the cost of
administering the district which share shall never exceed for
any contract member fifty cents per ca its unless otherwise
agreedto by at least seventy-five percent .of said members.
(e) 'county" means Denton County. Texas.
wholesale user of the water or
(t) customer' means any
I wastewater services provided by the dlstLict which user
provides retail utility service within&Lhe boundaries of said
user.
f41 'participant' or "porticipating member' means one or
more, as the case may be, of the governmental entities which
provides retail utility service within its boundaries that
contract with the district for the construction of and payment
for the water and/or wastewater projects to be financed from
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time to time by the district.
(h) "service area" means that geographic area contained
within the boundaries of the district.
(i) "state' means the State of Texas,
(j) •rrbdlstrlct" means one or more of tAE subdistricts
authorized to be etested under Part 11 of this Mt.
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SECT10fl 3. a lsla Sve findings, laJ it is hereby
found by the legislature that the creation and establishment of
the district and the creation and establirhment of subdistricto
within the district are essential to the accomplishment of the
y1 Purposes of Article XV1, section $9, of the Texas Constitution.
1 li (b) it is hereby found by the legislature that all of
the land and other property included in the boundaries of the
district and in the boundaries of a subdistrict will be
benelltted by the improvements, works, and projects thrt are to
be provided by the distrle.t and by swbdistricts pursuant to the
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powers conferred on the district and svbdistricts by this Act,
and that the district is created to serve a public use and
benefit and any subdistrict created will serve a public use and ff.
will be for a public purpose. 1
(c) The legislature specifically finds and declares that
the requirements of Article XVI, Section 59(d) and Section
59(e), of the Texas Constitution, to the extent applicable,
have been met and accomplished in due course, time, and order
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any! that all notices required to be given relating to this act
have been given, that all approvaI& required to be obtained
j pursuant thereto have been obtained, and that the legislature
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I. has the authority and power to enact this act.
PART I J
THE DISTRICT I
SECTION 1. Creation. (a) A conservation and
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reclamation district having the boundaries prescribed herein is
hereby created and shall be known as the Upper Trinity Regional
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Water District,
(b) The district is a conservation and reclamation
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district under Article xvl, Section 59 of the Texas i
Constitution, and is s governmental agency, body corporate and
politic, and a political subdivision of the State,
(c) The boundaries of the district are coterminous with
the duly established and existing boundaries of the county plus i
- the entire incorporated limits of any contract member or
patlicipating member, a portion of whose incorporated limits is
partially within the corporate limits of the county.
(d) An election confirming the creation of the district
is not required.
SECTION 5, tKagenent of District. The district shall
be governed by a board of directors consisting of persons who
are residents of the districti provided, however, that no
member of the board of directors shall be an alerted official
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of say govecnmental entity that has the authority to appoint a
member of the board. The terms of office shall be four (4)
years. Members of the board shall be appointed by the
governing bodies of the participants _+nd the contract members f
in the manner set forth herein. The members of the board are
subject to removal with or without cause by duly adopted action
of the governing body of the entity that originally appointed
such member. The board shall have complete authority over the
management and affairs of the district under this act.
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(b) The initial board shall consist of the persons who
served as the initial board of directors of the Upper Trinity
AMunicivsl Water w Authority. Inc., a nonprofit corporation
organized under the laws of the State of Tessa and those
k persons who are appointed by those entities that become k
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participating members or contract members within two years of
the effective date of this act. Each such participating member
or contract membor shall appoint one member to the board and
the county shall appoint one member to theA board; provLded,
however, that the county may appoint one additional member to
the board if the board determines that such appointment is in i
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the best interests of the district, Those entities that
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contract with the district after two years from the effective
date of this act shall be entitled to representation on the
boars only pursuant to the rules and procedures established by
j the board for the admission of board members so such rules and i
procedures may from time to time be amended.
(c) Members of the board who are appointed by the
participating members shall be entitled to vote on all matters
before the board. Members of the board who are appointed by
I contract members which are not participating members shall be
9 untitled to vote on all matters before the board except those
mitts[s that require a weighted vote. The board shall
establish rules for the implementation of a system of weighted
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financial commitments for
4 votes concerning authorization of and
capital projects which system shall be determined according to
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each entity's parttcipetton in service and in projects of the
' district.
(d) Except as provided herein, the initial based shall
serve staggered terms in accordance with the procedures to be
adopted by the initial board, provided that no initial board
member shall be appointed for a term in excess of four years.
Thereafter each board member shall be appointed to a four year
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term. Members of the board may serve consecutive terms. The
~ members of the board that served on the board of directors o
the Upper Trinity Muntci al Water&Authority, Inc. shall have
the rights and privileges as members of the board appointed by
i~ participating memberat pcovided, that such members
` shall not be entitled to a weighted vote on any matter coming
before the booed and shall be entitled to vote as a
participating member without the right to a weighted vote. y T o
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i~ boardmembets that served on the board of directors of the Upper
~ Srinity Munl 1 watar.AutR,_ or1tY• Inc, shall serve an initial
term of two years from the effective date of this act.
Thereafter, such potions are eligible to be appointed to the
board by a contract member or a participating member.
(a) Members of the boned shall quality to serve by
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and furnishing evidence of their
!eking the oath of office
qualifications to serve on the board consistent with the
requirements of this act prior to assuming the duties of a
board member.
A The board may establish a category of es-Officio
I Y~ membership to the board and may provide for the duties and
responsibilities of the ex-officio members in bylaws, rules, or
regulations to be adopted by the board.
SECTION e. Board Pcoce ute (a) The board shall
prepare and adopt the bylaws of the district, and shall hold
` such regular, special, or emergency meetings at such times and
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os sach aays or dates as are specified therein.
(b) A majority of the members of the board constitutes a
quorum for the transaction of business of the district, and
approval of at least a majority of the members of the board
present at a meeting is necessary for approval of any matter
coming before the board, except where a weighted vote is
required in accordance with the rules of the board In which
case a majority of the weighted vote of all board members
eligible to vote is necessary for approval of any such matter
coming before the board.
(c) The board shall provide in its bylaws for the method
of execution for all contracts, the signing of checks and the
handling of any other matters approved by the board. The board
shall annually recognise and elect new officers.
(d) The officers of the board shall consist of the
president, one or more vice presidents, a secretary, and a
h treasurer. The board shall elect a president and any vice
president from its members. T'.c board may appoint a secretary,
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E one or more assistant Secretaries, a treasurer, in assistant i
treasurer, and such other officers as in the judgment of the
E board sit necessary, provided that such officers are not
required to be members of the board, The president shall be
the chief executive officer of the district and shall preside
over the meetings of the board. Any vice president shall
perform all duties and exercise all powers conferred on the
president when the president is absent or fails, refuses, or it
unable to act. The secretary of the board or one of the
assistant secretaries shall be responsible for keeping the
minutes of the meetings of the board and all official records
' of the board and may certify as to the accuracy or authenticity
of any actions, proceedings, minutes, or records of thr, board
or of the district. The duties of the other officers may be
I provided in the bylaws of the district.
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! os such aays or dates as are specified therein.
(b) A majority of the members of the board constitutes a
quorum for the transaction of business of the district, and
approval of at least a majority of the members of the boar
present at s meeting is necessary for approval of any matter
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coming before the board, except where a weighted vote is
required in accordance with the rules of the board in which
case a majority of the weighted vote of all board members
eligible to vote is necessary for approval of any such matter
coming before the board.
(c) The board shall provide in its bylaws for the method
of execution for all contracts, the signing of checks and the
handling of any other matters approved by the board. The board
shall annually recognize and elect new officers,
` (d) The officers of the board shall consist of the
I president, one r more vice presidents, a secretary, and a
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treasurer. iae board shall elect a president and any vice
' president from its members. The board may appoint a secretary,
one or more assistant secretaries, a treasurer, an assistant
i i treasure[, and such other officers as in the judgment of the
I ' board are necessary, provided that such officers are not
requited to be members of the board. The president shall be
the chief executive officer of the district and shall preside
over the meetings of the board. Any vice president shall
perform all duties and exorcise all powers conferred on the
president when the president is absent or fails, refuses, or is
h unable to art. The secretary of the board or one of the
assistant secretstles shall be responsible for keeping the
minutes of the meetings of the board and all official records
of the board and may certify se to the accuracy or authenticity
1 of any actions, proceedings, minutes, or records of the board
or of the district. The duties of the other officers may be
provided in the bylaws of the district,
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le) ire tegular meeting place of the board shall be at
such place as may be designated in the bylaws.
(f) The board may appoint and employ all persons, firms,
corporations, partnerships, and other entities deemed necessary
by the board to conduct the affairs of the district, including
but not limited to, engineers, attorneys, financial advisors,
accoultants, general manager, and other employees or
consult.nts.
(g) The board shall establish a customer advisory
~ council composed of one representative from each customer
receiving service from *he district. The members of the
customer advisory council shall be empowered to act as provided
in the bylaws or other rules and regulations of the district,
but such customer advisory council shall have no voting power
on matters coming before the board.
(h) The board shall adopt a seal of the district and may
adopt bylaws to govern the matters deemed appropriate by the
board provided such bylaws are consistent with this act and the
` laws of the State of Texas.
SECTION 7. General Powers and Duties. (a) Subject to
the specific provisions of this act, the district AIMLIU-kUlL
of directors hays the rights, powers, privileges, authority and
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functions granted, conferred, contemplated, and described in
Article XVI, Section 59, of the Texas Constitutions, including
the rights, powers, privileges, authority .and functions
conferred by the general laws of the state applicable to
municipal utility districts operating under the applicable
provisions of the Texas water Code, together with the
additional rights, powers, privileges, authority and functions
enumerated, described, expressed or implied by this act,
(b) The district shall not have the lower to levy or
collect +d valorem taxes.
f' (c) if any general law is in conflict or inconsistent
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vi<h ta6i3 act. ttiis act shall prevail.
SECTION B. Specific Powers and Outies of Authority' i
(a) The district has the additional tights. Powers,
privileges, authorities and functions provided by this Section.
(b) The district may plan, lay out, purchase, construct,
acquire, own, operate, maintain, repair and improve, inside or
outside its boundaries, any works, improvements, facilities,
plants, equipment and appliances, including any administrative
properties and facilities, any permits, franchise, licenses or
contract or property rights, and any levees, drains, waterways,
lakes, reservoirs, channels, ronduits, sewers, dams, stormwater
detention facilities or other similar facilities and
improvements, whether for municipal, industrial, agricultural,
flood control, or related purposes, that are necessary, helpful
or incidental to the exercise of any right, power, privilege,
authority or function provided by this act, including the
E supplying of water for municipal, domestic, and industrial
j uses, and all other beneficial uses or controls; the
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f collection, treatment, processing, disposal of, and controlling
of all domestic or industrial wastes whether in fluid, solid, i
or composite state; the gsthnting, conducting, diverting,&
controlling and treating of local storm water or local harmful
excesses within the boundaries of the district, irrigation, and
j the altering of land elevations within the boundaries of the l
district where it is needed,
(c) The district may acquire, by purchase or by exercise
of the power of eminent domain, which power is hereby granted
subject to the limitations imposes thereon by this subsection,
any land, easements, rights-of-way or other property or
improvements within or without the boundaries of the district
(including land obove the probable high water line around any
reservoirs in which the district has an ownership or
operational interest) which are needed or are appropriate to
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carry out the powers and functions of the district, as herein
described and contemplated; provided, however, that the power
of eminent domain shall be exercised in the manner and with the
privileges, rights and immunities available under the laws of
the state, including specifically the Texas Property Code, it
is provided further that the district shall not exercise the
power of eminent domain (i) against any property located
within an incorporated city located in whole or in part within
the cowity without the prior consent of the governing body of
the city in whose jurisdiction the subject property is located,
(i ii) against any property owned by the county, by any
municipality or ny agency or instrumentality thereof, 0rAU-1 U
to acquire a waterworks system or a wastewater system that is
owned by any municipality, or by private parties, or by any
non-profit corporation,
(d) The district is hereby vested with and shall have
ss.d may exercise the following additional rights, powers,
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privileges, authorities and functionas to provide for the
acquisition, construction, improvement, maintenance and
operation of wholesale water and wastewater systems and
treatment works necessary to provide service to its customers,
and the acquisition, construction, improvement, and maintenance
of any water supply, reservoir or interest therein necessary to
fully Implement the powers and duties of the district as
provided in this act.
(a) The district may elect to provide water, wastewater,
solid waste, or non-hazardous liquid waste services outside its
service area, but the district may not be compelled to supply
such services for use outside its service Area except by order
j of the applicable state agency having jurisdiction over such
matters applied in accordance with applicable law,
(f) The basic service area has the prim+ry right to
water or wastewater treatment capacity and to water supply in
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each classification which the district secures under permit
from the applicable :Mate agency having jurisdiction over such
matters.
(g) This act does not compel any customer or prospective {
customer to secure water or wastewater service fro- the
district, except pursuant to contracts voluntarily executed.
(h) This act dues not alter any outstanding permit,
contract, or other obligation,
(1) The district is hereby vested with and shall have
and may exercise all the powers needed to establish, acquire,
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operate and maintain a regional solid waste disposal system and
a hon-hazardous liquid waste disposal system. In connection
with said system, the district shall provide the services
' afforded by ouch system to (i) any use[ as determined by the
board if the services are to be rendered within the basic
service area of the district, and (ii) any customer if the
services are to be rendered outside the basic service area, +
(j) The district is hereby empowered to establish. and
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enforce rules and regulations for the protection of water
` quality in and flowing to or from the areas in of surrounding
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the lakes, reservoirs and other sources of water supply owned, .
operated, or controlled by the district for the prevention of I
waste of the unauthorized use of water controlled by the
district and for the regulation of privileges on any land,
reservoir, or any ersement owned or controlled by the
district. Such rules and regulations shall be enacted and
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enforced in accordance with the procedures provided in
Subchapter D of Chapter 54 of the Texas Water Code, as amended,
and shall be consistent with the applicable rules and
regulations of any agency of the state having jurisdiction over J
such sources of water supply,
(k) The district shall have the power to establish rates
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and charges to be assessed to customers of the district for
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eaca service rendered to such cl.stort,ers which rates and charges
may be established by classes of customers, by project, or by
area of service.
( i ) Where bonds or other obligations of the district
payable wholly from revenues are issued, it shall be the duty
of the board to fix, and from time to time revise, rates of
compensation for water sold and for wastewater or other
services rendered by the district which will be sufficient to
pay the expense of operating and maintaining the facilities of
the district and to pay such obligations as they mature and the
interest as it accrues and to maintain the reser,le and other
j funds as provided in the resolution or order authorizing such
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~ obligations.
• (m) The district may adopt, enforce, and collect all
necessary charges, fees, or rentals for providing any district
facilities or service and may require a deposit for any service
or facilities furnished, and the district may or may not
` provide that the deposit will bear interer'. The district may
f discontinue a facility or service to prevent in abuse or
enforce payment of an unpaid charge, fee, or rental due to the
` district, A,I cities, public agencies, political subdivisions
end any other entities that contract with the district are
authorized to fix, charge, and collect fees, rotes, charges,
rentals, and other amounts for any service or facilities
provided pursuant to or in connection with any contract with
the district, and to pledge such amourts sufficient to Malta, all
payments required uw,dor the contract.
SECTION 9. Bonds, Notes and Contracts off, Auttnit_X•
The district is authorised to issue, sell and
(a)
f ~ deliver its [avenue bonds, notes, revenue anticipation notes,
bond anticipation notes, short term obligations, refunding
bonds, or other obligations for any and all of its purposes,
without an election ;nd upon such [arms as the board shell
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determine aPPropri Such obligations may be made payable
from all or any part of the revenues of the district derived
from any lawful source, including, but not limited to, any
contract with any customer or user of the facilities owned or
operated by the district under the provisions of this act or
from the ownership and operation of any waterworks system,
wastewater system, sewer system, solid waste disposal system,
or non-hazardous liquid waste system, or any combination of
such systems. Additionally, such obligations may be payable
from and secured by liens on and pledges of all or any part of
any of the revenues, income, or receipts derived by the
district from its ownership, operation, lease, or sale of any
such property, buildings, structures, of facilities, including
the proceeds or revenues from contracts with any person, firm,
corporation, city, public agency, or other political
subdivision or entity. Sur obligations may be issued to
mature serially of otherwise within not to exceed 40 years from
{ their date, and provision may be made for the subsequent
issuance of additional parity obligations, or subordinate lien
be set
obligations, under any terms or conditions that may
forth in the resolution authorizing the issuance of the
obligations. Such obligations are and shall constitute
negotiable instruments within the meaning and for all purposes
of the Texas Uniform Commercial Code, provided that the
obligations shall be executed, and may be made redeemable prior
to maturity, and may be issued in such form, denominations, and
manner, and under such terms, conditions, and details, and may
be sold in such manner at such price, and under such terms,
and said obligations shall bear interest at such rates, all as
shall be determined and provided in the resolution authorizing
the issuance of the obligations. if so provided in the
authorizing resolution, the proceeds from the sale of the
j obligations may be used for paying interest on the obligations
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3errng cLe period of the acquisition or construction of any
facilities to be provided through the issuance of the
obligations, for paying expenses of operation and maintenance
of facilities, for creating a reserve fund for the payment of
the principal of and interest on the obligations, and for
creating any other funds, and such proceeds may be placed on
time deposit or invested, until needed, all to the extent and
in the manner provided in the authorizing resolution. Thr
district may pledge all or any part of its revenues, income, or
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receipts from fees, rentals, rates, charges, and contract
proceeds or payments to ti:a payment of the obligations,
including the payment of principal, interest, and any other
amounts required or permitted in connection with the
obligations. The pledged fees, rentals, rates, charges,
procerds or payments shall be fixed and collected in amounts
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that 4111 be at least sufficient, together with any other
pledged resources, to provide for the payment of expenses in
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connection with the obligations, and operation, maintenance,
and other expenses in connection witn the aforesaid I
j facilities Said obligations may be additionally secured by
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mortgages u- deeds of trust on any real property owned or to be
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acquired by the district, and by chattel mortgages or liens on II
any personal property appurtenant to such real property; and 1
the board may authorize the execution of trust indentures,
mortgages, deed: of trust, or other forms of encumbrances to
evidence same. Also, the district may pledge to the payment of
the obligations all or any part of any grant, donation,
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revenues, or incone received or to be received from the united
1 States government or any other public or private source,
r + whether pursuant to ;n agreement or otherwise. All bonds,
within the meaning of Article 717k-8, Vernon's Texas Civil
Statutes, as amended, issued pursuant to this act, and the
appropriate proceedirgs authorizing their issuance shall be
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the Attorney General of the State of Texas for
,uthaitted co are secured by a
examination. If said bonds recite that they hof such contract and
pledge of revenues of any contract, +
the proceedings relating thereto shall be sub.aitted to the
that such bonds have been .1
attorney general. If he finds 711
authorized and any such contract has been made in accordance
with law, he shall approve the bonds and any such contract, and
thereupon the bonds shall be registered by t;:, Comptroller cf
0 Public Accounts of the State of Texas: and after such approval
a shall be
and registration, such bonds and any such contract
incontestable in any court or other forum for any reason, and
shall be valid and binding obligations in accordance with their
The issuance of obligations by
terms for all Qurposes. ro•,isions of Article
district shall be in acco[dancernanhs thAnnotated Texas civil
717q and Article 711k-6,
licable. 1
{ Statutes, as amended, as app to enter into any
(b) The district is authorized any
encies,
its
contracts with the United States of America,
or non-Profit,
municipality, or other party, public,
a of the powers and purposes
ary i
i considered necessn the exero,
i of the district. The diarict 1s also authorized
rental or leasing Or
contracts for the acquisition, purchase,
Of the water Production, water supply, water
operation
filtration or purification, water suPD1Y facilities, at other
water or wastewater facilities which are owned or operated by
The district is authorized to acquire
such contracting PartY• Permits
water approDri+tion permits and other neeesserY D
directly room the aPP[oPriate agency of the state or from
requiring + Payment Of money by
its, contracts
owners of perm Source of funds,
the district may be made payable from any
be determined by the board.
general or specific, as may and 811
Contracts b 14unlci
SECTION 10. alines. Any
mu as, political subdivisions, ant
ublic agenci
municipalities, p
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any nom-protit water supply corporation doing business wholly
or patcially within the district, and all subdistricts are
expressly authorizer) to enter into any contracts with the
district that are deemed appropriate by the respective
governing bodies thereof. Such governing bodies are authorized
to pledge to the payment of any such contracts any source of
revenues thi.t may be available to the governing body, including
the levy and collection of ad valorem taxes, if such
_ municipality or subdistrict has the power to levy and collect
such taxes, subject only to the elections, it any, that are
required by applicable law, to be held prior to the levy of ad
valorem taxes. To the extent a governing body pledges funds to
the payment of any such contract that are to be derived from
its own water system or its wastewater system or its combined
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{ system, such payments shall constitute an operating expense of
such system.
SECTION 11. Deocslto[y. The board, by order or
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resolution, shall designate one or more banks inside or outside 4
the district to serve as depository for the funds of the
district. Except as herein provided, all funds of the district
shell be deposited in the depository bank or banks. The funds
of the district may be invested as provided in the fawn of the
State c[ Texas for the investment of county funds and may be
i invested in accordance with the provisions of the Public Funds
investment Act of 1987, as the acme may be amended from time to
time. The funds of the district shall be secured in the manner
provided by t.° 1%ws of the State of Texas for public funds.
SECTION 12. Regulatory Power of Municipalltles. This
act does not exempt the district or any subdistrict or any lend
1i situated within the district from the terms and provisions of
any applicable ordinances, codes, resolutions, platting and
coning requirements, rules or regulations of any municipality.
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PART LI
SUSDISTRICTS WITHIN AUTHORITY
SECTION 13, Creation Of SubdiStriCta.
(a) To provide for the orderly development of water, 1
wastewater, and other services of the district within its 1
boundaries and to prevent unnecessary duplication of
facilities, the district is authorized to create subdistricts.
A petition requesting the creation of subdistricts within the
district may be presented to the board of the district. Any
such petition must be signed by at least twenty-five (25)
persons who own property within the boundaries of the propose
subdistrict, or such petition may be submitted by the governing
body of a municipality when accompanied by a resolution or
ordinance of such governing body authorizing the submission of
such petition. Any such petition shall specify, at a minimum,
a metes and bounds description of the boundaries of the ,
proposed subdistrict, the general nature of the improvements to
be acquired, constructed or otherwise implemented within. the
subdistrict, the necessity and feasibility of such
improvements, and the proposed method for funding such
improvements. The petition shall state on its face whether the
power to levy and collect ad valorem taxes within and solely
within the subdistrict is requested. If a subdistrict is
+I proposed within the corporate limits or extraterritorial
jurisdiction of a municipality, the petition requesting the
creation of the subdistrict shall be accompanied by an official
action of the governing body of the municipality in whose
jurisdiction the auhdistrict is proposed approving the creation
of such subdistri6,. Should the governing body of the
municipality in whose jurisdiction the subdistrict is proposed
object to the creation of such subdistrict, then the
' subdistrict shall not be created within the incorporated limits
! or the extraterritorial jurisdiction of that municipality.
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kb) The board shall set a date for a hearing on such
petition not less than thirty (30) no. more than ninety (90)
days after the day the petition is presented to the district.
Notice of such hearing shall be given to each municipality
within whose boundaries or extraterritorial jurisdiction the
proposed subdistrict would be located. A copy of the notice of
the hearing shall also be posted in three (3) public places
located within the proposed subdistrict and at the county
courthouse at least fourteen (11) days prior to the date set
for the hearing. Notice of the hearing shall also be published
at least one (1) time in a newspaper of general circulation
published in the county at least ten (10) days prior to the
date of the hearing.
(c) Any interested person may appear at the hearing for
the purpose of supporting or opposing the creation of the
subdistrict in accordance with the petition. The hearing shall
be conducted in accordance with the procedures established by
the board,
(d) After the public hearing, the board shall enter an
i order making its findings in the official records of the
district. If the board deems the creation of a subdistrict to
be feasible and practical and finds that the creation of the
proposed subdistrict will be beneficial to the public, will
benefit the residents of and the land included in the ;roposed
subdistrict and will contribute to the orderly growth and
development of the regional water and wastewater systems within
the district, then the board shall enter an order granting the
petition and ordering the creation of the subdistrict in
accordance with sub.ectlon (e) of this section. The board
shall include its findings in the order which shall be filed in
the official records of the district. The order shall define
the boundaries of the subdistrict, but it does not have to
include all of the land described in the petition if the board
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is its judq-eat determines that a modification or change in the
subdistrict is necessary or beneficial to the public. If the
board finds to the contrary, it shall enter an order dismissing
the petition and the proposed subdistrict shall not be created,
but a dismissal order shall be without prejudice to the ability
to petition for the creation of a subdistrict covering the same
territory at a later time.
(e) If the board orders the creation of a subdistrict
for which the power to levy and collect ad valorem taxes was
not requested in the petition, the subdistrict shall be created
and in existence from and after the date stated in the order of
the district, without the necessity of a confirmation election
within the boundaries of the subdistrict and any such
subdistrict shall not have the power to levy or collect ad
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valorem taxes. If the board enters an order granting a
petition that seeks the power to levy and collect ad valorem
j ~ taxes within the subdistrict, then the subdistrict shall not be
created until and unless a confirmation election is called,
conducted and held by the district within the proposed
boundaries of the subdistrict and a majority of the qualified
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voters voting thereat confirm the creation of the subdistrict
in accordance with the provisions of subsection (f) of this
section. If the subdistrict is confirmed at such election,
then the subdistrict shall have the power to levy and collect
ad valorem tares for the maintenance and operation of the
subdistrict aoJ for the payment of contracts of the districts
provided that no such taxes shall be levied and collected until
and unless previously voted at elections held in accordance
6 with subsection (t).
f (f) A confirmation election, when required by this
section, and any election to authorize the levy and collection
of ad valorem taxes within a subdistrict for maintenance
purposes shall be conducted in the manner required by Chapter
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54, Texas Water Code, for the levy and collection of
maintenance taxes by municipal utility districts. Elections to
levy taxes in support of contracts shall be held in the manner
and with the effect provided by Chapter 54, Texas Water Code,
for the issuanc.- of bonds by municipal utility districts. The
confirmation election required by this subsection, a
maintenance tax election and an election authorizing the levy
of taxes to support bonds or contracts of the subdistrict may
be combined into a single election, and any or all of such
elections may be held on any day or date selected by the
board. Each such election shall be called, convened and held
by the board in accordance with the Texas Election Code and
Chapter S4, Texas Water Code.
(q) A subdistrict, if created in accordance with this
section, shall be a conservation and reclamation district under
Article XVI, Section 59 of the Texas Constitution with the
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limited powers granted in this section. The subdistrict
constitutes a political subdivision and a corporate body and
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politic under the laws of this state. A subdistrict shall have
the powers specified herein and shall have the same powers as
I the district, but subject to the some limitations, and provided
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that a subdistrict shall not be authorized to provide services
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outside its boundaries, except that it may provide retail water
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and sewer services within its customer service area a3
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certificated by any applicable regulatory agency of the State
of Texas.
(h) If a subdistrict is created as specified above, the
subdistrict shall be governed by a board of supervisors
I' consisting of at least five (5) supervisors. The initial board
of supervisors shall be appointed by the district from among
the residents of the subdistrict. The district shall make such
appointments for terms specified in the order creating the
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subdistrict but not exceeding four (4) years from the date of
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appointment. Svch initial supervisors are subject to removal,
with or without cause, by action of the district. All
vacancies shall be filled by the district. After the initial
appointment of the board of supervisors and prior to the
issuance of any bonds, notes, or other obligations of the
subdistrict, members of the board of supervisors shall be
elected in the manner provided by the laws of the State of
Texas applicable to municipal utility districts. Notice and
the conducting of such election shall be in accordance with
such laws,
(i) The subdistrict rhall have all the powers provided
elsewhere in this act and shall have ownership of and general
management powers over the affairs, works and projects of the
subdistrict subject to the provisions of any contracts with the
j district. However, the issuance of bonds by the subdistrict
shall not be effective until such issuance is approved by
official action of the district.
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i (j) In those Subdistricts having the power to levy and
collect ad valorem taxes, the tax rates shall be established by
j the board of supervisors on the basis of annual budgets
i established at the same time and in the same manner as for
counties, and taxes shall be levied by the board of supervisors,
(k) The members of the board of supervisors shall
receive no compensation for carving as a supervisor but may be
- reimbursed for actual expenses incurred on behalf of the
subdistrict or in the discharge of their official duties.
(1) Subdistricts created in accordance with this act may
only become participating members of the district,
SECTION 14. Conversion of Water Supply Corporation to
Subdistricts, (a) Upon the adoption of a resolution by the
board of directors of any non-profit water supply corporation
doing business wholly or partially within the boundaries of the
j district and requesting such action, the board may consider the
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question of converting such non-profit water supply corporation
to a subdistrict by following the same procedures otherwise
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required by section 13 of this acs. and subsection (b),below.
(b) The resolution of the board of directors required
abcve shall include, in addition to the information specified I
in section 13(a) for petitions to be filed with the board of
the district, a plan of conversion, including, among others,
the proposed method for the transfer of assets and the I
assumption of debts to the subdistrict. 1J
(c) If determined to be appropriate by the board, the j
district, at the request of the board of directors of such
non-profit water supply corporation, may establish a board of
supervisors in greater number than specified herein for other
such subdistricts.
(d) Notwithstanding any provision of this act to the
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contrary, any water supply corporation that was a member of the
Denton County Steering committee in connection with the Denton
County :rater and Wastewater Study Regional Master Plan for 2010
may become either a contract member or a participating member
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in accordance with the provisions of this act.
SECTION 15. Meetings of Board of Supervisors. The
board of supervisors of a subdistrict shall hold regular,
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special or emergency meetings at those times and on those dates
the board determines.
SECTION 16. Subdistrict Office: Meeting Place. The
board of supervisors of each subdistrict shall designate a
place within the subdistrict as the regular office and meeting
l~ place, except that the regular meeting place may be at the
( regular meeting place of the district if approved by order of
(r ± the district.
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SECTION 17, Collection of Taxes Within Subdistricts.
(a) The county tax assessor-collector of the county
shall maintain the tax rolls and collect taxes for any
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subdistrict located In the unincorporated area of the county
and having taxing power in the same manner as for taxes for the
county. The tax assessor-collector for the other subdistricts
shall be as selected and shall perform the duties determined by
the board of supervisors,
(b) Reimbursement of the costs of the tax assessor-
collector for such services shall be paid by the subdistrict.
(c) Taxes and other revenues collected within a
subdistrict shall be used solely for purposes within the
subdistrict, except that the costs of administration of the
affairs of a subdistrict may be paid to the district in
accordance with contracts between the district and the
subdistricts. All taxes and revenues of a subdistrict as
collected shall be deposited as public funds into accounts of
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the subdistrict approved by the district. All accounts of a
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subdistrict may be audited by the district. 1,11 such funds may
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be deposited or invested as permitted for public funds.
PART III
MISCELLANEOUS
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SECTION 18. Creation Expenses. The district is
authorized to pay All, costs and expenses incurred in the
creation and organization of the district, including but not
limited to the relnbursement of costs and expenses incurred by
the Denton County Steering Committee in the preparation of the
Denton County Water and wastewater Study Regional Master Plan
for 7010, and the Upper Trinity a Municipal Waters Authority,
Inc., in the development and implementation of such study. The
district is authorized to succeed to and assume the rights,
privileges, duties and responsibilities, including contractual
d obligations, incurred by the Upper Trinity AMunicipal Water
A Authority, Inc., a nonprofit corporation created to serve on an
interim basis pending the creation of the district.
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SECrlO1i 19. Tax Exemption. The accomplishment of the
purposes stated in this act being for the benefit of the people
of the state and for the improvement for their properties and
industries, the district and the subdistricts in carrying out
the purposes of this act will be performing an essential public
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function under the Constitution and shall not be required to
pay any tax or assessment on any property or project owned,
operated, leased, or controlled by the district or any part
thereof, and the bonds or other obligations issued hereunder
and their transfer and the income therefrom, including the
profits made on the sale thereof, shall at all times be free
from taxation within the state.
SECTION 20. SeverabilitY• if any provision of this
act or its apolication to any person or circumstance is held
invalid, the invalidity does not affect other provision or I
.pplication of this act that can be given effect without the
h lication, and to this and the
nvalid provision or aPP
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provisions of this act are declared to be severable. The terms
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and provisions of this act are to be construed liberally to
j effectuate the purposes, powers, tights, functions, and
authorities herein set forth.
r SECTION 2I. Notice. The legislature specifically
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finds and declares that the requirements of Article RVI,
i Section 59(d) and Section 59(e) of the Texas Constitution, to
the extent applicable, have been met and accomplished it due
course, time and order and that all notice requited to be given
relating to this act has been given, that all approvals
required to be obtained pursuant thereto have been obtained,
and that the legislature has the authority and power to enact
i this act.
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SECTION 22. Emergency. The importance of this
legislation and the crowded condition of the calendars in both
houses create an emergency and an imperative public necessity
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that the ccastitutional rule requiring bills to be read on
three several days in each house be suspended, and this rule is
hereby suspended, and that this act take effect and be in force
from and after its passage, and it is so enacted.
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LAW 07F1CCS
MCCALLI PARKHURST 6 HORTON
MO,SV M, MCCALL 717 NORTH HARWOOD JOHN 0 MCGLL
:CAUL S MO►70M 416,1.18,11
rC7911 M TAUT NINTH FLOOR MILLAAD ►a► "LOST
SICHA►0 C. ►O►T(► u6o6.16"
0 CHAS 10204M DALLAS, T(XAS 7SSOI-eS07
THOMAS L POSCHA►SKY- CLARCNCC 0 C►OIV(
M(NN(TM ( 101 Te'e -HON, 4A RIO-r(OO Veas ISNI
M. PAVIL MA WIN
79,6CO.14 a,. S&S-O.a6
JOHN * W. 1 JA ,u0 ONC AMpIUN C(NUO
ALAN N, ►XY4011? ► AUSTIN, T(AA1 VS.01g1). "UNOTIram JOHN W. A L"SCH T490.4V4 44 .116.1,05
JErP*CT THOMAS A. S►yRO(OM December 28, 1988 -
L( S►C10LA11A. 111 .Of ONE►IV(A'NALK PL.LCL
HA:OLD T 7LANAOAN
DANNY S CuLVC, SAN ANTONIO. TGUy 6118 O,•)1O)
ALVPIO 0 JOHNSON T1LVH0.4 all fit-a100
14CSN698 IN NCM TOA60NN
~I Mr. R. E. Nelson
Executive Director, Dept. of Utilities DEC 3 019
city of Denton
Municipal Building CITY nF D060N
Denton, TX 76201 CITY MrJA,,LRS OFFI~
I ~ .
Re: Upper Trinity Regional Water District
Dear Bob:
` I
On December 23, 1988, 1 read your letter of December 22,
1988, concerning the proposed captioned District. Due to the
Christmas holidays and the fact that I have planned a trip over
the New Year holidays, a quick review of the November 18, 1988,
draft of the proposed legislation and the questions posed by
Jane Hopkins is all I have been able to manage to date. This
letter contains my initial comments, and if further study or
analysis is required, I will be glad to resume the study later
next week.
With reference to the technical legality and validity of 1
the proposed legislation, there might be a problem with the
boundaries of the proposed District insofar as territory
outside Denton county is concerned. There is a legislative
finding of benefits with respect to all territory within the
District, which includes the entire County. However, the
boundaries of the District: also can include territory outside
the County if it is part of an incorporated entity located
partially in the county. Such entities are not named and
cannot be known at this time. Thus a finding of benefits to
I unknown areas seems to be questionable. In somewhat similar
instances we have providad for hearings on benefits with
respect to the inclusion of undefined areas.
It is noted that Section 8(e) of the proposed Act author-
izes the District to condemn any property within or without its
boundaries, excepting only property owned by "the county, any
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municipality or any agency or instrumentality thereof", and any
"waterworks system or a wastewater system that Is
noon profit any
municipality, or by private parties, or by any corporation". Many other types of political subdivisions own
property which would be subject to condemnation under this
language, and it is likely that such entities might object.
h1so, section 8(e) gives the District broad extraterritorial
Vowers which could put it in conflict with other political
ns outside its service area.
s~tibdivisio
1 Another technical point is that section 9(a) requires all
+'bonds" as defined in Article 717k-8 to be approved by the
At.orneY General and registered by the Comptroller of Public
Accounts. The Article 717k-8 definition of "bonds" includes
short term obligations such as commercial paper and other
obligations that may be issued pursuant to Vernon's Article
717q. This would result in a conflict with the use oti rt c e
717q under circumstances where approval and
obligations is not practicable.
Part II of the proposed Act authorizes the Board of
Directors of the District to create subdistricts. in effect
this authorizes the creation of the substantial equivalents of
municipal utility districts, basically in accordance with the
procedures in existing general laws, except that the Board of
Directors acts in the place of the Texas Water Commission.
Whether or not the 'T'exas Water Commission would oppose such
procedure remains to ba seen. In the past it has been extreme-
ly jealous of its powers.
The foregoing comments relate only to a few technicalities
which could be taken care of easily, and to the possible
opposition to certain provisions by parties outside the Denton
County area. Whether or not the City of Denton should support,
- oppose, or ignore the proposed legislation is another matter
altogether. Obviously, this decision should be based on the
City Council's determination of what is best for the City.
Frankly, I am not familiar with the problems, if any, that the
proposed legislation would solve for the City. I assume that
the City staff as well as thg Council members have assessed
this matter thoroughly, and =,till make a decision based on
f 4 practical as well as political grounds.
However, since my firm and I have acted as bond counsel
j for almost all of the major regional water supply systems,
i regional wastewater treatment nyatems, and solid waste disposal
systems in the State of Texas, 1 do fee'1 qualified to make a
few observatiors concerning regional operations.
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Insofar as a city is concerned, the first question must be
o'what is the problem t elved11 better thane then C ityn by
regional entity blems the pro have over
oins a what system"? It is obvious
itself,,? y of various
the opation successful regional systems The ifiit js 'what control will th
that a number of very ri' functioning. You are aware that the
kinds presently d several separate and unrelated
Trinity River Authority operates functioning.
various cities
multi city regional wastewater systems serving including such
in Tarrant, Dallas, Ellis, and Denton Counties, and cities as Carrollton atlitss ce tralo Regionalh Wastewater
including arts
stem to serve p
ingitsDentontCreek Regionalso is in the al Wastewater gY cabs of construct-
Treatment Southlake, and the Lake Turner
of Fort Worth, Roanoke, Haslet, osal problem
Municipal 1 in Tarrant and Denton Coun-
Utility District No.
ti ton has a wastewbeeihats a regional
es. If the City of Den it may
that it cannot solve by itself,
could islp. However, the proposed District would not
The TRA certainly has the experience,
agency ractical way. The same
staff the only Legal power r to help in any p
staff and egal p ities.
is true with respect to solid waste problem disposal
obtaining lan additional
ones If the City of Dentdiff
future water supply, a different situation exists. With the
Roberts I had been under the impression that
advent of Lake Ray
the City's foreseeable needs would be met. If this is not
true, then the situation becomes much more complex and serious.
Additional reservoir sites will be difficult to the find an
rester in future,
competition for water will become much greater can help in
Of course, we know that multi-city which
some, but not all, instances. We see the Dallas Area Rapid
Transit System (DART) as an example toaps is Tonal sintegratentityng, in
doesn't seem to be working, and p
large part, I believe, because its Board of Directors is too
large, and the interests of its constituent cities a,etoand
diverse, ractic with the result that cohesive an with the ae7~peoditure even projects have not been forthcoming
. Onpthe other hand, the Hater
of enormous amounts of moneyney.
Texas Municipal Water District and the Tarrant county
area,
Control and improvement District t Nuu berion operate regional
water supply systems very
successfully
musimilar st be emphasized, hovever, h that in each
and a number of other
quite succe sfu - operations, the question of control of the Board of
of these rincipal
Directors has been ct major
multi city regi~ al systems with
problems with reape
member cities have been in connection w{ on the
Board of Directors and the resulting control. Large city vs.
~eY The actual
p
small city has been the most serious problem
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rights of the parties to regional systems are determined by the
applicable statutes and also the specific contracts between
each city and its regional district. However, it is obvious
that nothing can be done without the approval of a majority of
the Boare? of Directors of the regional district, and the
control of such Board becomes vitally important to each member
city.
As to the proposed District, it should be emphasized that
the City of Denton is nowhere rewire to become a "contracting
member" or a "participating member". In other words, the City
could elect not to have anything to do with the District if it
is created. However, if it does, within two years, choose to
become a "contracting member" it will be entitled to appoint
inly one member to the Board of Directors. Even if the City
becomes a "participating member", it would have only one Direc-
tor. We do not know how many members there would be on the
Board, but presumably it would be a fairly large number. In
any event the City would have no actual control over the
planning or implementation of projects, or the expenses in-
curred in connection therewith. There can be no "participating
member" until the District actually has a project to partici-
pate in. It is left up to the Board of Directors to write
by-laws and rules relating to "weighted votes" for "participat-
ing members", but these could be changed, and again the City
could not have any real control of where the District was
or whether the City's interests would be served. To
going,
become a "contracting member" the City would have to agree to
pay a pro rata share of the cost of administering the District,
but the term "pro rata" is not defined and presumably would be
determined by the Board of Directors.
In conclusion, the City must determine whether or not it
needs a regional system of any kind, and whether it needs it
now or at a later date when the City's future needs are better
analyzed and known. If the City's needs are known in this
respect it can be determined in a rational manner whether or
not the proposed District would be the best solution, whether
or not existing laws are adequate, or whether or not new
legislation designed to fit the City's exact needs is neces-
sary.
Please advise me how to proceed.
sincerely yours,
i j
Paul B. Horton
ces Lloyd V. Harrell
City Manager
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December 13, 1988
CITY COUNCIL WORK SESSION
TO: MAYOR AND ME-f 1BCRS OF THE CITY COUNCIL
FROMi Lloyd V. Harrell, City Manager
RE: Upper Trinity Regional Water District
RECOMMENOATION:
No action is requested at this time. Exhibit 11 is a Resolution ciat has 1
been circulated to all of the Denton County Water Committee rnernber 1
cities for support of the proposed legislation. This Item will be
sut.mitu,~d to the City Council at their December 20th meeting for action.
SUM MARY/BACKGROuriD:
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For the past two and one-half years, the City of Denton has been {
working with the Denton Canty Water Steering Committee In an effort I
to address the present and long term water and wastewater needs of the
various cities and water systems in the Denton County Area. This effort 1
resulted In a comprehensive water study and a recommendation that a
regional water agency is needed to provide raw water, treated water and i
wastewater treatment services for many of the cities in the area.
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The City of Denton and Lewisville subsequently created the non-profit
Upper Trinity Municipal Water Authority, and the Denton County Water
Steering Committee charged it with beginning to implement some of the
study's recommendations including development of legislation that would
create a regional water district. The draft legislation has been
developed (see Exhibit 1) and the 31 member Denton County Steering
Committee has approved the draft legislation and authorized It to be
submitted to the Texas legislature. The Steering Committee also
recommended that the name of the entity be changed to the "Upper
Trinity Regional 4'later District". This name helps emphasize the
"reglonal" nature of the entity and avoids confusion with other "river
authorities" In North Texas.
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This Act viii create a conservation and reclamation district under the
terms of Article XVI, Section 59 of the Texas Constitution, that will be
able to help secure long term raw water supplies, build and operate
water plents, water transmission fines, wastewater plants, wastewater
trunk lines, lift stations, landfills, solid waste bulk collection systems,
non-hazardous wastes (such as grease trap oils, etc.), and s' •rrr wu,Li
control systems.
I Membership in the entity will be voluntary and established via contract.
The entity will have no taxing powers. Everyone who becomes a member
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has a seat on the Board of Directors. Board members v.ould be appointed
M by the respective City Councils, but would not be members of the City
Council. Board members' terms are four years. in order to maintain a
transition continuity, the Board members that the City of Denton and
Lewisville appointed to the Board of the existing Upper Trinity Municipal
Vister Authority, Inc., would continue for two years on the Board of the
new entity.
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Actions of the Board would be by a majority of the members present,
' except where a weighted vote is required, such as for Initleting a capital
project, wherein a majority of the weighted vote Board member will be
required.
There would be two types of members, a "Participant Member" and a
E "Contract Member". Contract Members are cities (or other retail
utilities, such as water districts), that contract with the entity, within
two years of it's formation, that then preserves the right to become e
"Participant Member" anytime within the next ten years. A Contract
` Member would agree to pay pro rets costs associated with the continued
regional water/wastewater planning activities. "Participating Members"
are cltieo (or other entitles), that contract for specific
4 water/wastewater, or other services. The fees for these services wadd
I be based on actual debt service and O&M costs and be allocated on a
"postage stamp basis", i.e., everybody pays the same average cost,
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but would be divided according to the region, i.e., Worth and Northwest
Denton County, South and Southwest Denton County, and East Denton
County.
The entity will have the normal powers of a utility, except it will not J
serve retail utility service, and will not have powers of eminent domain 1
uver facilities of retail utilities, or property of the counties or cities.
The entity may issue revenue bonds pledged by the revenues of the sale
of wholesale water and wastewater services or other authorized services,
\ which are backed by contracts with a participating member. Bond terms
are limited to 40 years.
Recognizing that the main beneficiary of this entity in the early years
may be some of the rural areas end smaller communities In the County,
the legislation allows the creation of sub-districts that could be formed ,
1i in those areas and communities for the purpose of financing, installing, i
and operating the water distribution and wastewater collection systems.
Such sub-districts would require a confirmation election by the people of
the proposed sub-district if an ad valorem tax Is proposed to help finance I
the sub-district Infrastructure. The sub-district would have a board of
supervisors that would menage the affairs of the sub-districts.
The role I envision Denton playing, Is one as a "Contract" member
Initially, and perhaps as a "Participant" member later. This entity will
,
help many of the smaller communities get a wholesale water supply and
wastewater service, thereby, relieving Denton of a regional
responsibility to provide this service. In the future, Denton may want to
become a "Participant", and have the entity waist in securing future raw
water supplies. With the assistance of a large number of communities In
the region, Denton will be able to share in a greater bargaining power for
water rights, reservoir
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construction, and other water supply issues. Also, a regional entity will
help in developing wastewater collection and treatment systems that will
help keep our lakes and streams environmentally safe.
Initially, there is a possibility that this entity would participate with
Denton on our Ray Roberts Water Treatment Plant, which could
substantially reduce our costs because of the economies of scale that
could be realized by constructing a 16-20 mgd plant vs the planned 10
mgd plant.
The PUB raised several good Issues at their 11/16188 meeting and these
issues were addressed at their 11/23/88 meeting. The following is the
response to the PUB's 11116/88 concerns:
I The Public UG!itles Board asked for an analysis of the advantages and
disadvantages to the City of Denton of an agency such as the Upper
Trinity Regional Water District. In addition, the Board asked that
specific concerns with the proposed legislation drafted to implement this
authority be provided.
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Advantages to the City of Denton
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1. Would provide a mechanism to more easily acquire future raw water
supply for the City.
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2. Would provide a regional entity that would have ereater influence with
State and local governments In securing water rights fcr the region and
thus, for Denton, in the future.
3. Would promote the development of wastewater facilities in the County,
thus helping to protect our two water supply reservoirs.
4. Would make It possible for smaller commt.:,ities to "buy Into" our
facilities providing an opportunity for economy of scale savings and thus,
have a favorable effect on our utility rates.
5. Would provide a vehicle to construct a waste-to-energy plant if such was
deemed desirable by the City sometime in the future.
6. Would be another vehicle to promote regional cooperation.
7. Would help to avoid crisis type decision making which might force Menton
to provide water/wastewater services to other jurisdictions.
Page 4
8. ~iould provide a vehicle to make basin-wide drainage improvements should
such be desired by the community in the future, and to assist in addressing
stonnwater r,uality monitoring and treatment if the Environmental
Protection Agency deems necessary in the future.
9. Would minimize the amount of time which the Dentoi utility staff would
have to spend dealing with the many small jurisdictions in the County
regarding utility matters. Instead, these discussions could occur with the
professional administrative staff of the Age icy.
Disadvantages to the City of Denton
I. `Mould make it much easier for small towrs, rural water districts, etc., to
provide more sophisticated utility servic: then they could provide on their
own. The result of this capacity cou!.u be much more rapid development
of the smaller towns and -ural areas or even a shifting of population
growth from the C;.ty of Denton to the ..naller towns in rural areas.
2. Nould create sn agency which may not be politically responsive, i.e., Tax
apprel3al Districts.
if the legisiatlc--, allows creation of sub-districts within the City without
City approvr.i, utility improvements could be financed with general
obligation :onds that may cause Increases in property taxes ?ndJor higher
utility rates, resulting in adverse public reaction for the city.
4. Might result in policy making being dominated by sma!i towns because of
the representation procedure.
5. Participant members may become "locked in" to the regional entity for
wholesale water snd wastewater services.
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The following represents specific observations, possible questions and
responses about items found within the proposed legislation:
Page l-Definitions
B. Basic service area- includes area within corporate limits of all
participating and contract members (County is a member).
0. Does that mean that all of the unincorporated area of the County is
part of the District?
i A. Yes. All of Denton County is within the service area of tt a District
plus any poet of a city located in another county which la also in
Denton County. Service can also be provided nutside of Denton
County, but any city located totally, outside of Denton County
cannot be a member.
0. Contract member- "pay a pro rate share of the eo~t of operating the
Authority".
Q. What is pro- rate? How does it relate to "equal votes for ell"?
A. Pro rate costs have not been defined yet, but are
Page 5
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envisioned to be costs associated with the administration and direct
costs of regional planning efforts (not costs of administration
associated with provising a service such as water treatment). These
costs areenvmer to
which Is similar to fee" plus
perhaps k¢ 1custo
Denton County FZegional Water Study.
Votingi If a city Is a "contract" member, they will have a vote on
the Board; however, on cop tal projects, where a "participant"
member has sinned a contract for services from such capital
of this are
be a "weighted" vote.
project, there will planned to be worked out In the By-Laws ofEhe District.
Page 4-Section IVs
C. Boundaries-county wide "plus";
U. (1) Why must others have part of their boundaries within the County
to become of member of the Authority? (2) Might not others within
the drainage basin went to join the Authority, and why shoule they
be prohibited from so doing?
A. (U Cities in the County: See response In "B" above.
(2) The Steering Committee felt that they needed to place a
boundary on the District and a limit on the number of potential
members of the Board. If the district boundaries for membership
were left open, the sire of the Board could become very large.
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Page 4-Section Vs
"loo member of the Board shall be an elected official of any goveromental
entity having the authority to appoint a member of the Board".
Comments
This provision helps to insure that the agency will be even less
politically responsive than one would expect from a special district. Board
factors
A. bThe ecoming "political" and e possibly specifically decisions based on the
other than good sound economics and prudent stewardship :f the
wet:r resources and the environment of the region.
Comments
'I Everyone appoints one member to the Board.
III A. This allows all members, contract or participant, to have a voice in
the decisions of the District, even at the risk of having a very large
board.
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a. The Board establishes rules for implementation of s systern of
weighted votes for specific projects. What would prevent the Board
from determining that everyone would have equal votes irrespective
of the amount which they put into a particular project? In other
words, the procedure for assigning weighted votes should be spelled
out.
A. the Steering Committee decided not to tie this down by legislation J
which would require an act of the legislature to change. Also, the l
Steering Committee felt it would be best to leave this issue to the
parties who will become board members. It was anticipated that no
one at the present time knows who will be the larger or smaller
particlpants and those roles may reverse from project to projectl
therefore, the methodology that Is determined in the future would,
hopefully, be structured so that It is as equitable as possible. An
example of this concept is perhaps the City of Uentor's Involvement
in the Texas Municipal Power Pool. In this pool relationship, no
project or major policy Is adopted unless it is unanimous. The
4 concept ties always been that no one should be Injured by their
membership In the Pool and the concept has worked very well.
Page 7 ,
F. Board members may receive up to $5U per meeting plus expenses is
provided.
This remuneration Is more than that received by council members
within the County.
I Commend
This is similar to other districts and authorities In the State of
Texas. This is a permissive provision and it may or may not be
implemented.
Page 12
E. Authority could provide service outside the service area (no votes
for these entitles.)
Comments
See paragraph "B" above.
Page I8- Section X,
- Any municipality...etc., doing business wholly or partially within the
Authority could enter Into contracts for services.
0, What about customers outside of the boundaries of the Authority
I and County? Could there not be such entities?
A. See Paragraph "B" above.
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Page 20- Pert It, Section Mil, Subdistrictet
Authority can create subdistricts; notice must to given to earh
municipality in the subdistrict.
Comment: 1
This section has been changed to require cities' approval.
It appeals that areas within the subdistricts do not have to be
geographically connected.
Subdistricts can be authorized taxing power after a vote of the people
_ within such district:
Commentt
MUD's not favored by the City Council, and everyone connected did
not went Lakeview to be able to provide utility services with taxes
because that would be contrary to the way that utility services are
provided to all of the remaining taxpayers within the City.
- Local governments have no approval right in connection with the creation
of a subdistrict within theirJurlsdlctions.
Comment
This section has been changed to require cities' approval.
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Page 20- Section XIVI
Existing water supply corporation can convert to a subdistrict.
0. Is this good? It might give the corporation taxing powers which they
do not have now.
A. It is envisioned that they can do this only with approval of the
cities. This also allows them to become members. Otherwise, they
cannot be members due to IRS regulation relating to use of tax
exempt bonds,
Page 20- Section XiXr
1 Creation ex enses- authority to pay all the cost incurred In creation of
the Authority, etc.
0. (I) Does this mean that it will pay entities back for expenses
incurred up to the present in creating the Authority?
(2) Since County paid a major portion of the costs, v,ould they
expect to be tepaid?
A. Pest £Kpensesi Past expenses that have been "untied by the cities
ere not envisioned to be repaid, but the legislation would allow this.
However, some legal expenses have been incurred, and it is
anticipated that such expenses will be paid by the District after its
creation.
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Mr, Hugh Ayer, City._Gouncilnon and member of the Citizens Task Farce
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addressed the PUB with the following comments at that meeting. 1
"I appreciate the concerns these people have. They are the
same concerns that we had when working on these things. One
of the things we have to consider is that, In the final analysis,
we Fire all In this together. We have a community
responsibility. You pay money now or you pay money later. 1
am positively convinced that this whole system it the way to
help resolve the problems all of us have with wastewater
treatment, water treatment, etc. This is the most feasibly
appropriate and most economical. There may be some political
problems -there always are. But this is the most practical, the
most economical and has the best chance to meet the needs for
the future. Somewhere down the line, all of us will be affected
by what noes on in Krum and Sanger. Fifty years from now, it
will make an even bigger impact. On balance, I think this is the
best solution to these long range water plans.
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They (Lewisville) have becn directly involved from day one and
are very much in favor of this agency. 1 am hearing an opinion
that Denton doesn't have any responsibility for our neighbors,
but I think we do. i think the state Is going to see to it. Just as
Dallas has had a responsibility to take care of us and as time
yoes on, we are going to have more and more responslbility for
outlying communities around Denton. In any case, we can't just
think about ourselves. We are too Interwoven among one
another."
At the conclusion of the PUB's 11/23188 meeting, the PUB recommended the
City Council approval of the tipper Trinity Regional Water District and
associated legislation but noted certain Issues that the Council may went to
offer as amendments prior to legislative approval.
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These items ere:
1. Tha recommendation that the cities' voting rights be a direct
relationship to the amount of money %ve are expected to provide.
2. The recommendation that the City of Denton's liability for bonds be
clarified. {
3. The recommendation that board members may be City Council
members, and that each member's council have prior approval in
terms of Issuance of bonds and capital expenditures.
These issues and several of the issues raised in the PUB's 11/16/88
meeting have been reviewed with the members of the Upper Trinity
Regional Water Authority and the Citizens Task Force. These groups
4 have acknowledged these concerns and have commented on these Issues
or recommended that the draft legislation be amended as follows;
1. Voting rights and limits to financial contribution by "contract" members.
The groups, i.e., UTMWA Board and Citizens' Task Force, expressed a
very strong position that for "contract" members wherein their main
participation on the Board will relate to regional water/wastewater
planning issues, that a "one-member"- "one vote" is the desired manner of
voting rights in order to maintain harmony with all members of the
region. This philosophy has served the 31 member steering committee well
and has proven that if a "plan" is submitted that does not generally have
full support of the group, that the "plan" needs to be altered. Therefore,
they continue to support the "one-member"= one vote" voting rights.
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The groups have recommended that a limit be placed on the contribution
that a contract member must pay. A figure of $1 per capita was
suggested.
2. Clarification of the Cities' liability for bonds be clarified.
The City of Denton would have no obligation for any revenue bonds Issued
unless the City became a "participant member. Upon becoming a
"participant" member, the cities' financial obligation will be spelled out in
the contract between the City and the District.
3. A concern that a participant member becomes "locked into" the District
forever.
1
There was a general consensus that this Issue be clarified'so that if a
member signs up for a service from the District, such as two million
gallon per day treated water, that this Is the limit of the member's
obligation, £.e., if when the member needs to Increase their treated water
supply, they may choose to do so with an amendment to the contract for
greater volumes, or they can put In their own water plant.
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The group expressed concern on changes to the following eressi
1. Bonds requiring member city approvals
The concern is that with perhaps I0-15 members, this provision would be
extremely cumbersome. The group felt that by having each member
amend its contract with the District when they needed additlonal service,
this provides the checks and balances on the issuance of bonds and thus,
obligations of the members.
2. Elected officials constituting the board.
The group (with the most vocal parties being council members from some
of the communities) expressed that the board should be appointed by the '
governing bodies of the members, rather than being elected at large, or
j appointed by the County Commissioners or the Governor and should not be
elected officials of the members governing body.
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The thoughts of the group are that with this process of board selection,
the member cities could best select persons for the board who are vitally
interested in the environmental and water/wastewater issues of the entire
region, who have the time to dedicate to the District and who are not i
encumbered by a tremendous load of local city Issues that may cloud their
objectivity to regional water issues.
Respe fully, 1
Lloyd V. Harrell
City Manager
PREPARED/APPR VEO BY:
i
R. c. Ne eon, P.E~--
Executive Director of Utilities
Exhibit Is Proposed Legislation
[Is Proposed Resolution
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MINUTES
PUBLIC UTILITIES BOARD
November 23, 1986 7{0O AM Civil Defense Room
MEMBFR5 PRESENTt
Roland Laney, Chairman, Mark Chew, Robert LeForte,
John Thompson, Kenneth Frady, Mark Chew, Lloyd
Harrell, R. E. Nelson
STAFF PRESENTi David Ham, Ron Meyerson, Legal Department, Lloyd
McClendon, Gay Racine
OIFIERS PRESENTi Jim Alexander, Denton City Council, Hugh Ayer, Denton
City Council Member representing the Citizens Task
Force on the Denton County Regional Water Study,
Terry Tate, Denton Record Chronlele
ABSENT: Ernie. Tulloe, (Excused)
1. CALL TO ORDER.
Chairmen Laney brought the meeting to order at 70 AM.
2. CONSIDER LEGISLATION FOR UPPER TRINITY REGIONAL WATER f
lSTli CT.
A general discussion of this item and the City Manager's and Executive
nirertor of Utilities' letter of November 22, 1968, follows:
item 07. LeForte asked if it is necessary that Denton provide wastewater
services for the smeller surrounding cities.
Nelson explained that in the rnid-19711's, Denton was designated as a i
"regional wastewater treatment system" based on Denton's 1975 Facility
Plan. Denton received 75% EPA funding for a new wastewater treatment
plant. The facility plan included the cities of Corinth, Lake Dalles,
Hickory Creek, Argyle, and all of our service territory from Denton to the
Lake, north to Krum, and dust this side of Sanger. Based on this history,
Denton may have some obligation to serve these entitles.
1 By utilizing the Upper Trinity Regional Water District to contract for
wastewater treatment services for the smaller surrounding entitles, it Is
possible to get the smeller cities to share in future costs of wastewater
treatment plants that may be required to satisfy the government
mandates. he same holds true with any water plants that may be
required.
LeFLrte Indicated that the real flew with the legislation as proposed is In
the voting and decision making process. He felt there should be a
relationship between how much the City pays and how much voice it has.
EXHIBIT
I
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PUB P.linutes
Page 2 osed Chew indicated he had o problem with the Board orfthe grope come envy
having complete authority and Indicated he could o
between this agency and problems such as protection of water supply
reservoirs.
Nelson explained that the State and County do not have good control over
package sewer plants and septic tenk systems which create environmental
problems for local reservoirs and that this Regional Water Distribuilt an
ct could '
operated, thereby wastewater reducing his environmental threat, properly
Chew indicated there are problems with getting various governments and
organizations together on regulation of this kind.
Thompson stated that without State regulation, the quality of water is j
progressively deteriorating. 1
LeFotte inquired if the Agency would still develop even if Denton did not
loin. Nelson Indicated that yes, the need existed for such a regional
j system for the surrounding communities and that this Agency would {
probably continue to develop. 1
LeForte referred the Board to Item OD, asking for an explanation of the ,
"ante-up fee".
i
Nelson explained that when the initial funding of the Denton County
Water Supply Study was set up, all members joining had to "ante-up"
$1000, $2000 or $5000, depending on the city's size. There was also an
additional fee of 100 per capita. +
Laney
of the wiording'"...complete ote would be a authority". acceptable
the indicate
removel that
to him9 plus again
agreed with this stating that the By-Laws of the proposed agency would I
need to address these items.
Chew asked about the "disadvantages" as set forth in the memo, most
particularly, "..the shifting of population growth to smaller towns..",
"..creating an agency which may not be politically reap onsible...could
create high tax and utility rates", and N5, "...participating members may
becomt locked Into the wholesale member for water/wastewater
services", further stating he did not want to get "locked In" to another
TMPA. He asked if there was a way out of the agreement.
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Harrell explained that until Denton buys Into a project, we can drop out
anytime.
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PUB Minutes
Page 3
Nelson further added that if Uenten becomes a "contract" member, 1
Denton can drop out; but once Denton becomes a "participating" member,
we cannot drop out, but we are not "locked Into" s "full requirements"
contract, as he understands the legislation. Nelson gave examples of
other agencies, I.e., Tarrant County Water District and the North Texas
Municipal Vleter District made up of several different cities In Northeast
Dallas County.
Thompson asked if the cities could develop water systems outside of the
Agency's authority.
Nelson expressed that he understands that they could. Meyerson stated
there Is nothing in the legislation that precludes Denton from operating
its own system.
Harrell commented that he felt we needed to think about what role the
City of Denton Is going to play In providing water/ wastewater in the
future. Staff sees the role of the City of Denton as being a primary one
and for this reason, encouraged development of the proposed legislation.
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Overall, major concerns of the Board ere:
1. Too much authority on the Board of the proposed Agency. I
2. Denton needs a way out in order to avoid getting locked In as it Is
perceived we are with 1 MPA.
3. That City Council members should be able to hold a position on the
Board of the proposed Agency.
4. The concern of sub-districts needs to be addressed.
5. The power to issue bonds perhaps should rest with the City Councils.
Harrell slated that an amendment to the legislation now protects Denton
In-so-far as stern 04 Is concerned; l.e., the cities would have power over
sub-districts.
Nelson explained that the Agency will be an Independent utility agency
authorized to operate as a water/wastewater wholesaler.
Hugh Ayer, City Council member, and member of the citizens task force
working on these Issues, then addressed the Board.
"I appreciate the concerns these people have. They
are the same concerns that we had when working on
these things. One of the things we have to consider,
to that in the final analysis, we are all In this
together. Vie have a community responsibility. You
pay
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PUB Minutes
Page 4
money now, or you pay money later. 1 am positively
convinced that this whole regulotory system Is the
way to help resolve the problems ell of us have with
wastewater treatment, water treatment, etc. This
Is the most feasibly appropriate and most
economical. There may be some political problems,
there always are. But this is the most practical, the
most economicel, and has the best chance to meet
the needs for the future.
E
k Somewhere dawn the line, ell of us will be affected
by what goes on In Krum and Sanger. Fifty years
fro- now, it will make an even bigger Impact. On
balance, l think this is the best solution to these
long range water plans."
Ayer then asked that Bob Nelson describe whet may develop with the
building of the new water treatment plant.
Nelson stated that Denton is planning to build a 10 mgd water treatment
plant at Lake Ray Roberts. The cost is estimated to be $7,000,OUO plus $5
to $6,000,000 more for the pipeline, pump and storage facilities to get the
water to the Denton system.
v
The City of Lewisville is in the process of planning to build another water
plant. If Denton could increase this 10 MGD water plant to , 20 MGI)
water plant, the cost Increase would be only $3 million more to double the
plant cepecity by sharing the costs with another entity. If the proposed
Regional Agency could become a partner In behalf of the smaller
communities for this additional 10 mgd, Lie citizens of Denton could see
their cost of water plant capacity being reduced because of economies of
scale. This is the kind of thing the regional agency could do--bring
together communities to work together to solve common water and
wastewater Issues In a more cost effective manner.
Nelson further commented that he, the manager of the Agency and
representatives of Lewisville met with the manager of the City of
Commerce. Commerce had, In the past, asked for a part of Cooper
f Reservoir. Right now, Commerce no longer needs that water from
t Cooper Reservoir end they are tryiny to find a market for it. The cost of
this water is 6¢ to 711!J1000 gallons compered to the Ray Roberts cor' of
water of 40¢ to 50¢/iU00. Denton cannot get access to that water by
Itself, but through a regional agency, Denton could get that low cost
water. These are the types of economies of scale that a regional agency
could provide.
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PUB Minutes
Page 5
Long term, Denton will use the Agency for raw water supply and get the 1
strength that is possible from twenty communities working tor,ether for
water rights. Some day, the State is going to have to address who has the
water rignts to wastewater effluent. Presently, this wastewater becomes
State water when it is returned to the stream. The State then reallocates
this water. Denton should be using its own wastewater resources in the
future, but it will take political clout to accomplish this goal.
Thompson stated that in twenty years Denton will be :ooking for a new
source of water rights. It is necessary to begin now to get these rights.
LeForte asked if Lewisville has been involved In this process. Ayer
explained they have been directly Involved from the beginning and are
j very much in favor of this agency.
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Ayer further stated,
"I am hearing an opinion that Denton doesn't have any
{ responsibility for our neighbors, and I think we do. I
I think, the State is going to see to it. Just as Dallas has
had a responsibility to take care of us and as time goes '
on, we are going to have more and more responsibility
! for outlying communities around Denton. In any case, I
we can't just think about ourselves. We are too
interwoven among one another."
Nelson advised the Board that there are other ways to select the Board of
this agencyi
1. With a Board elected by the public in the region.
2. The Governor appoints members to the Board.
I
However, the Steering Committee felt It best that each entiry should
select It's own beard member.
LeForte stated that the Board should pass the item on to the City
Council, pointing out two Iterns; 1) Financial disparity to voting strength
Is inequitable and, 2) voting relative to population Is also Inequitable.
Chew asked that Staff include the board's reservation to the City Council
about the concern about legal Issues of bonds, revenues, etc.
1 LeForte further asked that our City Attorney review the material.
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Page 6
Thompson sretcd that he would desire a 12 member governing board and
the vote on participation if they are not involved, I.e., bond issue,
projects, etc. Only those members that were participating In that project
would vote on it.
Nelson explained that bonds will be secured only by the entity being
provided services.
' Harrell suggested the Board generally recommend the item to the City
Council and reserve special amendments to the legislation before it is
passed.
Motion:
LeForte made a motion to recommend to the City Council approval of the
Upper Trinity Regional Water Oistrict and associated legislation reserving
I special amendments to the legislation prior to passage Involving:
I
1. The recommendation that the amount of money we are expected to
contract into beers a direct relationship to the size of the City.
Second by Chew, plus,
2. The recommendation that the City of Denton's liability for bonds be
clarified, and
3. Thompson made a further recommendation that Board members may
be City Council members since In terms of Issuance of bonds and
capital expenditures, the City Council should have prior approval.
j Laney celled for a vote. All ayes, no neys, motion carried.
Meeting adjourned approximately 9:15 AM.
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DENTON RECORD CHRONICLE
NEWSPAPER CLIPPINGS
11/23/86 "Water Board Approves Grant for Supply, Treatment System"
02/12/87 "Justin to Join Water Study Group"
03/19/87 "Sanger Joins County In Study"
10/05/87 "Long Range Water Supply Tops Agenda"
10/06/87 "Strategy Targeted at Water (Plan Establishes County
--1 Regional Water Authority)"
Ih 11/10/87 Within the body of the Article "PUB Advises Council to OK
Turbine"--A resolution supporting participation of Denton with
Lewisville as the interim Denton County area Water Agency
E was passed.--
11/22/87 "Regional Water Study Examined"
11/27/87 "Water Plan Gives County Roadmap Into 21st Century"
(Editorial)
01/31/88 "Water Plan Heads Area to Future"
02/09/88 "Water Authority Proposed"
j 02/23/88 "Interim Agency on Board's Agenda"
02/24/68 "Interim Agency on County Water Plans OkV'
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06/07/88 "County OKs $300 million Water Proposal"
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08/18/88 "Set Course Now for Sufficient Supply of Water In the Future"
-(Editorial)
09/13/88 "Legislators Discuss Area Water Issues"
09/28/88 "Little Elm Studies Water Treatment Plan"
11/23/88 "PUB Endorses Proposed Law on Water Districts"
1 i I/25/88 Officiai Praises Idea of Water District"
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EXHIBIT
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Water board approves grant
for supply ~treatment system
Amt In Dumas Development of the plan is
aimed I n part at decreasing the
Austin-The Water useofground water, andpro-
Development Board onThurs• vidingeconomical long•te~m
day approved a $125,000 plann- surface water supplies.
ing grant to Denton and area ' Water needs for the area are
cities to plan and develop a to be analyzed through the year
regional water supply and 2010, e1ongwithadetermination
wastewater treatment system. of wastewater treatment needs.
~I Local funds will be used to Precinct 3CommissionerLee
match the WDB grant. Walker said elfo, is on the
planning project began more
Rep. Jim Horn, R•Denton,
f P. than a year ago. The area has
urged the board to approve the been increasing in populaI!on,
request, saying the planning resulting In the nmi for in-
effort is"one of the first times creased waterandwastewater
in our history our municipalities servlce,shesaid.
are talking to each other."
Denton utilities director Bob
Denton, Denton County, Nelson said the work is intended
Dallas and 11 other to benefit all area conununities.
municipalities and several
private water supply corpora- The water board'splavming
dons are involved in the effort, chief, Dr, Herb Grubb, said
which involves Denton County Denton County is "one of Lhe
excluding the area south and most rapidly growing areas in
west of Dentev Creek, accor• the state" and supported the
ding to theWUL'>taff, grant request.
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staff repots
Justin to join
eWSW study jroup
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I~ 1 shin - 7be City Council o0
Monday night voted to join a
VWP of area cities studying
wa W needs for the Dallas
Oa Wtihed. 71he city win pays
4,110 fee required to join the
{P WA council members said.
Jlmtio and Roanoke originally
we" excluded from the%ow
II ~ do~0 in Newatershed. gut
Dada officials agreed to include
Justin w13e0 it became apparent
that the city could not Join another
group, a city official sait
members made the4mLWcjp4
J4e Post an elected pW tioo.
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Long-range
water supply
- tops agenda
staff report
The City Council, in one of two meetings
i scheduled this week, on Monday will discuss the
Denton County water study, a regional approach to
addressing long-range water supply needs of citiee
and towns In the county.
The city of Denton's share toward the cost of the I
study was $11,310. Denton County provided 1100,000,
the city of Dallas 940,000 sad the state 1125,000, se-
cording to city records. '
Also on Monday, council members will discuss a
report on traffic access around the Texas Instru-
ments plant and a new state law that allows an In-
crease in the maximum fines for violation of city
ordinance. J
The Monday meeting starts at 5 p.m. In the
Municipal Building's Civil Defense Room.
On Tuesday, counell members will discuss a joint
venture with the Denton public schools to build an
Indoor swimming pod at the new high school, which i
is scheduled to open In 1910.
A Tuesday work session begin at 5:15 p.m. in the
Civil Defense Room, The regular meeting' '*gins at
7 p.m. in the Council Chambers of the Municipal
- - Bull".
Other'hleday agenda Items Include:
8 A public hearing on a request by the Cross
Timbers Girl Scouts Council to allow overn:ghl
camping at the council'& new site on 4000 W. Uni-
versity Drive. Council members are scheduled to
consider an amendment to an ordinance to allow
- \ overnight camping.
1 f A proposed increase In the dumping tee al the
city la
■ Several petitions for rezoning, described as
"peaceful" by City Manager Uoyd Harrell,
f An ordinance naming a proposed North Wes
Part tennis and got( buildird "Goldfield Sports
Center," after a major contributor to the building's
fund-ratstng campaign.
9 A resolution of participation in the Denton
County Area 911 Emergency District.
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Strategy
targeted
at water
Plan establishes county
regional uater authority
rry Tate vd ~qb7 Strategy -
9
staff y Te W rfter
81,
ftOM11A One passible saeg, he acid, will
An estimated 000 miMoo water supp- be getting the diverse com-
ly network in east, north sod south Den- authOrity could be wor" by mu In the county to agree
too County should be created to tend to sumaMMIM, ~ tso work t on thepLn.
the future water and wastewater s and Dentod : The city of Dentoo's share
treatment needs of county communities, County oemamaildes, according to toward the cat of the engineer's
according to a plan presented Monday to N46,14 am study was $11,310. Denton County
tbeCityCotmcil. ■ Doctors s water supy~y Deeds Fa 1100,000. the city of
by a steering agar 3010 WOUld be anted. WM Dallas $0,00 and.. the state
committee that began s'udying water and then, Denton's water supplies an
11!6,000, accadlag ooeity reoorcM.
wastewater needs In Jahmq, is expected ade4rtata praseW and ass The steering commltlx also
to be ready for presentawn to Denton ticipatedpoputatao,Nelson said. recommends selection of a
Countycommunitles by next month. ■ nSmmaalttsserr camatwdda around bhaxlbboo oommit$ee that would
Called the Tai-Regional Strategy, It Dotson would bseose PUUWS help with education of the com.
would establish a county regional water with Denton in a water plant, a munitles and the development of
authority that would develop water Donlon would not hove to upand 1406tloo to create the regional
systems in the north, lacluding Denton, its water f&cMty to supply the authority.
Argyle, Sanger, Pilot Point, Aubrey; in needs of thoseeommunltias. In other council business Moo-
the south, Including Lewisvilie with a ■ A comprehensive, well- day:
plant built In the Plower Mound are; end JALMW waNV aed wastewatW O rV* qty Unger Rick
to the east, Including Tb; Colony, Little plan for the reogn would STeblaarld a median cut an Loop
Elm and poesibly north Carrollton. stimulate sosante tl vwtb and 1M would be an apprmule no-
Under the plan, meb regioo would set grow theeovkoomeoL , ow for the Tom Instruments
oats hued on eeonoaw,:c factors within 0 Smaller eammuoities wool l plant In ttoetk Denton. Alp, the
the reem. To the year 9010, the water mt have a ty Weds for Hmited city ban suggested that one drive
system Is estimated to cost loch mllllaa welarsupplics. athoaae from U A 77 to TD Is esp
and the wastewatersystem1100mlltion Lewisville Lake and Ray psepriate, v ft one scam an •
,IN water rates would be based on the Robasfs Lea would be water - street built oo the and side of the
fixed out of each city's share of the ea- Nelson aaltL plant, be said.
paciand the variable cat would be
based on cats associated with purdmw
IV, trains and Qumping water to the
respecllve city, ' Deotoo Utilities
Director Bob Nelson told council
members to it summary of the
Committee members consist of rep•
resentatives of each of the communities
In the county and five water supply
districts. Committee chairwoman is
Denton County Commissloaer Lee
Walker.
f By January two, legislation to crate
the water authority would be submitted to
the Tax" lature
for a Neisoa, whocworkked with theenenglneerriq
I firm that helped developed the plan. The
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PUB advises
council to
4K turbi~n~ 8e
By Terry Tate
'
Staff Miter {lIw
The Public Utilities Board advised
the City Council on Monday to push ahead
with a 13.5 million power source to be 1
built at LewisvUk We despite legal
concerns expressed by the Texas
Municipal Power Agency.
The action recommends approval of a
contract with Dominion Bridge-Sulzer to
buy a hydroelectric turbine. City Council
I members consider the proposal today
during a work session that begins at 5
p.m. In the Civil Defense Room of City
Ball.
Bob Nelson, executive director of '
utilities, Bald the 2800 kilowatt turbine
would supply energy to the city's water
and wastewater departments at an
average cost of 6 cents per kilowatt hour
for the first 25 years.
TMPA, an energy cooperative com•
priaing the cities of Denton, Garland,
Greenville and Bryan, is questioning
whether Denton's venture violate a
power sales contract.
The city of Denton was granted a
license for the project by the Federal
Energy Regulatory Commission in 1664
and has had It under study since 1661.
Two previous
whlee bids
to won project officlals sought ~ amend the TMPA contract
Nelson told PUB members Monday that
be expects Uie amendment to be approved
and that the city would not be in viols dort
of Its contract until the turbine begin
producing power, which Is expected in the
second quarter tai 1666.
Denton must begin construction by
March 1966 or risk toeing Its dce se,
Nelson, sold. Engineering for the turbine
9 lwustag pinta and awd iary equipment
must immediately, beW
In other business, PUS members sp-
proved:
A resolution suWocd g the par.
f 0
tlclpatloa of Denton with Lewisville as the
interim Denton County Arr. Water
Agency.
The interim agency will male ap-
pliadon for grant., employ an engineer I
if and spend money relating to time ac• 1
tlvides.
A countywide water study committee i
has recommended a long-range water and
wastewater phn for Denton County cities.
A county water agency is expected to be
appointed and operating in mid•t989.
Regional
water study
examined
By Candies Stephen$
Staff Writer
For their first meeting back in the
Courthouse-on-the-Square, county
commissioners have prepared a lengthy
agenda Including aiscwsalon of a Regional
Water and Wastewater Study.
Study
The Denton
Committee, formed Intlate 1916, consists
of 25 representatives from area cities,
towns and water supply systems, Their
countywide study outlines several plans
dealgmed to ensure wholesale surface
water and wastewater servke to par=
licipating cities and water sup¢fy systems
wiw the county.
Al a cost of x300 million, water
,availability for the county will be met
through the expansion of water and
wastewater systems, according _to the
study. The estimated cost of all facWties
:required to 2010, including some expau}
alon plans already begun, is approx.
44mately $ 00 million for the water system
and 0100 million for the wastewater
- Lf iced, the factiides would be !f
inanced by revenue bonds sold by the
xegionsi agency which would be ap-
pointed by the Legislature. The agency
would pay oft the bonds from sales of
;water and wastewater service to par-
ticipating members.
! The population in Denton Cownty Is
projected to Increase from the 1996 level
of 226,206 to 651,601) by 2016, a 33 percent
Scompotmded growth. Water consumption
ha projected to Increase from ad average
tot S41 million gallons per day (MOD) to
X119,1 MGD by 2010, and to 171 MOD dur-
ing drought conditions.
The use of well water will be ph&W out
lm all area communities by 2010, sem-
i to the study. The eommfttee
i !recommends water treatment be pro
-vided In a Trl-Regional concept with a 53
;MGD water pldt+t ow fake Pay Roberts
~Wving the northern part of the calmly, a
1100 MOD water plant west of Lewlavllle
;serving the south and southwestern part
,of the county, and a 23 MGD plant serving
the astern and southeastern part of the
county, Each area would be provided
(water at a cost based upon the facilities
serving it,
Other recommendations Include the
,expansion of the existing wastewater
;treatment planes in the county, plus the
ladditlso of-three plants.
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EDITORIAL
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Water plan gives
county roadmap
into 21st century
egionallsm Is the approach for
the rest of the 'W and through
the '90s.
RAs Dallas Mayor Annette
Strauss said at a recent meeting of the
North Texas Commission, "Freelancing as
cities and chambers of commerce just won't
work any more."
That from a Dallas mayor harkens back to
the days when Dallas and Fort Worth fought
tooth and toenail over everything from
shows to airports to the detriment of both.
This week the Benton County commis-
sioners approved a water study designed to
put cities, towns and water supply systems
to the same harness for solving future water
a lies and systems and seweraregional approach is going tot-
man-
for auc6 utilities In the suture. The
Donuts Uon of the county is expected to In.
crew from about 226,000 now to about
660,000 within 26 years.
Just as Dallas cooperation made DentoWs
eater o-ppl possib a cooperation among
the cities of the coun"f going to assure
future water for the increasing ~opul&don.
The county will need a peak of 13? million
gallons otwater a day by 2010, a big ln-
crease from the 34.7 million average now.
It will cost money - maybe $300 million -
but It Will coal less money cooperatively
than it would Individually.
The work of the Denton County Water
Study Committee will go to the Texas Water
Development Board Dec. 17.
It should be reassuring to all the residents
of the county - and those to come - that
farsighted efforts are being made to assure
that there is adequate water to sustain the 1
growth that is coming.
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Water plan
heads area
to future/
City officials in Denton County
In 1987 pushed ahead on a plan to
create a countywide water and
waetewatersystem.
Officials adopted the concept of
a water supply network linked by
plants In east, north and south
_ Denton County. Ray Roberts and
Lewisville tales would be the
sources of water.
To the year Will, the network
would cat and estimated 0900
millim Wo mllllon for the water
system sad 1100 million for the
wutewater system and would be
web rrevenuebonds sold by a
agency. The
agency would pay off the bonds
through water and wastewater
sales to participating members,
Laoslatlon to create the coun-
tywide agency will be submitted to
the Tessa Legislature In Jamutry
100. The agency could be workhV
by the mmom of 1988, said Bob
Nelson, executive director of
utilities for the city of Demos.
TING oomprsbeosive water and
wastewater plan for the region is
expected to stimulate growth and
dl~to tbant' scent:
Water
would link Dentoo,t Argyle,
the south Pilot Point mW Lewisville, with implant
built In the Flower Mound area;
and the east, The Colony, uttN
rrout L possibly north Car.
~
f + .popul+tiaa Data, Cot Is
7 J4 to rye to 051,80 by Soto
am~ p In 10K Water p
to We ase
to 110.1 million gallons per day by
01010 -1" milllen gallons per day
~ g cond does -tram
$1.7 million gallma per day in
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3
Water authority proposed
staff report master plan to eruure adequate
The Public Utilities Board will ommunities~ to Denton County
water consider establishment of a The agency will be responsible
non-profit interim agency to con- for developint legislation to create
tinue wort on the creation of the a permanent regional agency,
proposed Denton County water inform participating cities of the
authority. agency concept and administer
i Board members meet at the wortonthewater supply plan.
Service Center Tralning Room, PUB members also will con
901 Texas, at 5:30 p.m We&es• eider a bid of 165,789 by Jay Mat
day. Corp, for Installation of a service 1
The proposed Interim water pump at the water treatment i
authority is part of a regional plant.
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ClInterrinm gency
's agenda
StaffrepoH
The Public Utilities Board on
Wednmday will consider
recommending to the City Council
the establishment of a non-profit
interim Igency that will work to
dei'=A permanent water
au
The authority eventually is to
adminlster a countywide water
and wastewater plan completed
tote lutyar.
Attlon on the interim agency
was tabled at the board's Feb. 1o
mewing.: r-,
7bey w am" at 7 a.m. In the,
I1wlN'a Ream of the Sheraba 1
Also to bt ceoaldered Is adiylfoe
~
O(OW ~rew~t board potlclr,
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Interim agency on county water plans OK'd
By Terry Tate wanted to ensure that Denton county's water and wastewater guidelines and conditions of ser-
Starrwriter plays a leadership role in the In- needs for the next 20 years. A vice before permanent creation or
'I terim agency's operations. steering committee was formed the countywide water agency,
The Denton Public Utilities A steering committee com- by the Denton County Commis- tentatively named the Upper
Bard this morning approved prising representatives from sloners Cant in February 1987. Trinity Municipal Water
creation of a nom-profit interim Denton, Lewisville, Carrollton, The county also hired the firm Authority.
water agency to direct water and The Colony, Pilot Point, lake Espey, Huston k Associates Inc,,
wastewater plans for Denton Cities std Bolivar will oversee to conduct the study. ■ Serving as the legally liable
County through the year 2010. action of the Interim agency. The Twenty-five water agencies and entity during the development of
The action allows the Denton agency's purpose 4 to give legal cities participated in the study, the permanent agency.
I mayor to eater into an lnterlocal status to plans for a permanent which was finlahed In December.
agreement between Denton and regional water authority, said Bob The interim agency's respon• The action today Included ap
LewisvUle. authorising the two Nelson, executive director of sibilitleswill Include: proval of on ordinance, to be
cities to lad the agency's activi- utilities for Denton. ■ Entering into necessary con- considered by the Denton City
ties. The agreement was the result of tracts and kgal arrangements, Council, that would enact the
Denton city officials have a comprehensive study of the ■Establiahing organisational proposals.
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County OKs
$300 million
water proposal
Jla lredrtcto Q ~ G
euawneer
DOOM Cif s wat amid
trere ~mooor plas
oodi
o aboue~ po0 muna am me nat a
ova Woiowotat3ao until =
entity is cromod by tht Tens
~ylt~oowsadAT"MOCtf"ortos, 41 be fbsl J
~ri5e vW hosboa rsvieewnd ad I
mush W0"itTRY do r '
s~eacy 0" be meted. M
P &M castor sad se a r
u°W mtl~itlnat tM vow ON amp,
cost sboat $M 111111011 and 49 j
wa.bwsisr hratmoot padm could 001
goo mom by do yes: 2019, TITW 1";
bonds. in Y b" any
0immio0ionot EM Wam csllod tb
coonsitiott of this map of tho pm
obi bocom of the blAt %4vd
of oomcopnre:`rdo Means Moty citw&
i 4 . f.
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Set course now for
sufficient supply of
Water ~f the future
11M peak of a Cady drought,
CarinN has became the county's
Hnt troretm unity to tvlGcCo n
water usage. Corinth Mayor
S" Spellerbero has declared an
emer4eney n tlanln` pprrogram for lawn
wad and car waahino. She also has
asked ag Commenfal operations to cut back
on tbetr daily water usage.
CaoeervaUon meesuree of this kind are
not mcasmm " long, hut, dry
Communities lb DealToo County Npve an
adequate water supply and a sufficient
westee water treatment srtem to SCOm-
modma to~da~y7 seeds
But penomc drought CwAtims not
wide County experts fear"im-
pact off poptdatfonandexpanded
raalden CammerClalwater Y"oe.
to order to to" with such all expansion
before it becamea I problem *(CA (AstroWc
31 dues, low its and water
till Ir ve worked togedter to draft a
Coon vv muter pan for water 1
wbenlmplem ated,'VW
teM the environment and the quality 'r Wa
E to the Denton County region until tht yes
3010." the V04 says.
Accordimtoloformatkn compiled by
Ufa a committee for the Denim
Cotmq Wdv Study, "moat muniCipal and I
rural utditlo depend m a declining
Cglnbwater Iuoohr.Odra few duel ob-
~jlp water ham flwlocal bkw"
H" much is mmobl
The Rutty Idkalu the "by die !'ear 3010,
we will said about lit M Olod gallors a day
imgd):'AboudlaemedwillbeavailaNd
tram the thew WAI1 ku; LewlwUle.
Grasevltw and Ray Rob" Out Wa must +
b o a harad amaog "Mal canmudtla.
tar aamak r~to to do water belong to
pantos, ea. oigdi D"q tao.n mod;
CrapavIm 3.IT mgd mA Fart Cidu MUD,
9.04 m4 for a Wfal of IC.91 mod.
Authorltlaa antklpaL &At We& will be
Wo t0 "a 0 mgd to Denton county.
9~ by 1910, the OLD County noon will
sold L esyand Its walls trial UMt Capa-
billty, Only two does in tin minty have
water wreatmw plants, and there will be a
need to dry* WN new regksal plants, the
at"rletg eommitlea says
to sddtll06 a re~tosal distrthudan system
will be mmkd to get the water to local
01110ea.
a no waste watee oroceaa is an soled area
i of MCgen, Molt Ci 4$ OWto their own
wulawstrtreatmedpaanu Same
oommue UM In Omitd to "bC tanks,
whkb dm't alws wort we0.'lbere b n
reg"id system. 3lrlsermare, Is Ne 1my ham users meat of need to peopaah fa
trwwl plant meatW futon Oman, dig camntittee'a
term there Is a Lek d tm
capacity to accommodate growth. study reflects a remmeedabla lob d
[pac evmwA ntaa abort 3p mod, Wig-r tip planning And u partlctp "
adby 10adNil nes @b out 84madaaploldslornatmdarepaoat
tnrreaae to a mgd, E a I advW Dle to to gygings ad "d m la IM, public tupporl Sou both utned
al
three e L sew reQaul wastewater eswodwl
Coouit tam Os I me lecNalop
make it paea bla to treat w astewater t* an I
encind wwoWd Oo&m hiiggh QaHtY tthe rrut~ed water
whkb eauld b! rettroe0 W she takes u a
valuableweearreaw".ds report eaya.
AI lha soma Hone, addd pmvUlorm would 1
offer wounbed orolecUos provass in the
repoa deeigwd io keep Us water asd en,
virmmonl Assn
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Legislators discuss areal water issues
1.5.I Y
~Jimh ~ stale, eL:-e Ws population is mambas of IM district's beard,
eta Wrnv grswtag npidty. gleine coustlss We optlm d
16e1r dUlrkLL and
irate Geo. Bob Glasgow and Cwisy= fa Ib act=audtaed Denton abollahlLe Mme
rafbg the lime in
Rep. Jim Horn sold Monday lbey Our a tadM& system at water pretssb and appeak of
bow hip hopes for the Yptaaw trasloaot. &pAa pr&Yay WO moaWdee. r
talon of ■ proposed interim "I eommmd Item. Them People for 'Gmpbatl wldha
a~eee~ Is oversee ImpiemwLLlir Vw the ~o6l0~, and
of Dealm County's rater and nooprwd they bad better asst Wnha the n lure ~vW nod
wastSwUr treatmed asd water sew, waras of water baton it saom ray b awn ~
a" study. booemr a problem for them," he Me stab prim Yang
Glasgow, Ham sad Rap. Br said. state Imatas an bdag bared in
(am" spoke to Commissioners Other gnu touched on by eamb Jail. Mbld ben placed s
Court an satud
wotia srmedl{%day sbatill ocuoty~yb ~IaaM~ " Worcrowd6 'M and Tnu Therded armal Dallas torothsuch u
. The
appear t e4! leedoa of the alvve69 prohil d t am Donlan ~by zoW to be We. erfk4Lbaas not aDrMored
9b Wpatature wW per that curate and uolair sppppnnYaY by Weraa~rdhy prdlems, a1 1•ast ff
MIL" Glass". D4kapbesv* central appraisal dY4ftis wreee Wm the rrw Jain wm twatpbbd, I
rW d the *star gmey. "We dwsteb, Khre wig be some sttentka to
hswslrsdtlaclntheMasaeael Hon, RDwtou, said there It because the public Is
awte that Deolos County folks sh dut cartaioly will be lspslatlm slgaineantly upset about 1I;' , J
Ism aotsp to , able b pea Deo- rscade~ tYs eaotnS appaYal CempbeL said. WMlhee we
The eommhttss that has waled "LL's g to realty a lot more Admla a pard" of the S" Us
as ON water and wabwstor aaenllao Ikea LL hu In the pet," sales bapr !w 'b Oe Md be rma r
study new must pentios the be sat MOMrataedlaeudprism."
Hsu mW then m.y be s teal
tasmature la the authority to
4
create an agency that WW oversee algpHsg IJvI the cwoly Ls OYyow mid the problem of
MelmphemeoLLtlos. ameaor•eollutor and otber phm overcrowding needs N be
Gimgor mid the prt6lcra d docfed dnclAk be more involved aaacked al whin ten mid were Ilk 4 . "
raelesmlug wutewater fa human W W process possibly by nerving route: the high number of high
tea end d noding adequate m s G•trict's board. school dropouts, Un prohtern d oaarawrrua nrarcuS. ~r.k
anima d surface wale fa Camybe11, R riower Mound, day abuse W the schoota send Senator Bob GlaVm talks wilh Holm. Horn and Den Campbell. to tell
Countl
f eveerryyday erb Y • g ++v mid ft!!rr LLee~aYYYYtun would a• olber societal We he days create da Wetker, of LewslOlle, and bcuna cornentssionen
of ppoossrble Ieylsllattot
problem to Teas, especiellrr is amlwat ka/iYn4esplrachato ea eovifoamml Ihal Produced GrOln. of Corinth. Monday. Glasgow uws from the next trplslatlve
sesslon tha.
IhesortbsndeaulApoftionsoftM IheWus.buldtrtgelecuanlafbe erlminaY. In town. along with Hrpreseniulives Jim miphlaffect DentonCounlip.
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"Over the next 21 years there's a projected groN
Little Elm of 5 0 percent within Denton County, and mcsl of than
will take place within the municipalities," said in-
terim manager Tom Taylor, an engineer with Espey
studies water Houston and Associates engineering firm in of
"The regional plan is designed to meet the needs eeds of
that population rr.ost efficiently." While lute] cities
will d ~~~:o manage the delivery of clean water
and the collection of wastewater, the process of
treatment plan an
treating and proceasirg the water would be handled
6r Cathy Allen p G p on a regional basis.
Correspondent -1 p 6 In numerous planning sessions with Lilte Elm
U%de Elm - The provision of clean water and council member,, Taylor has recommended an lo-
the management of wastewater are issues that most terim plan until e t the ca s water treatment
bullten the
people don't think about on a daily basin However, quirements
townofficisis in Uttle Elm are studying the necessity area. Rather than constructing the new 390,000•
of clean wear in terms of present-day Population gallon-perday plant, Taylor recommends that Little
requirements, as well as for generations well into the Elm make fu use of the current plant with the
future, addition of interim facilities for a capacity of 200,000
With its current l00,o00•gallon-perday water gallons per day. The Interim fakility would consist of
protection capacity Agency order one yin an a small ear conJunctiioo with the city's present pla1nt. band in
trea E vvironmentall at
ago to remedy the problem, the town of Little Elm „ThIs plan would tdequstely serve the needs of
j
has come up with It solution that will serve the needs Uttie Elm for five to seven - may 5e ten - years,"
of the city for the next 20 years, The fact that the Tayfor said. " 8 tie sod of that time the regional
Upper Trinity Municipal Water Authority has a plan tive will be much mom In place; there's a lot
designed to meet all future water and wastewater going 00 right no to institutionalize the regional
treatment needs of the community has presented concept of facilities."
town planner, with extensive options.
"Over the peat two years we failed to meet our The Interim facility, as well as the yro}ected
(EPA) permit specifications for a couple of ]non- regional wastewater treatment plan, would be owned i
consecutive) months, and the EPA commanded tm to and operated by the Upper Trirsty Water Authority,
do something about Lt," said Jeff Stauffer, mayor of thereby removing the burden of maintenance and
Little Elm. "The perlmill requires a certain standard chemical analysis from the municipalities, I
of clesdinee+, + with the growth of our comnuNty
since the plant w" built over u years ago, we've had comparatively of the interim package operation,
a b mallita
those
eriteris. som
Followilrig e pe ble the dlrecti e~by the EPA and „ the Texas reswungin IOU cost gt~ ex
Water Commission, town officiate immediately plalned, However, the rotatrucdoo expense Of the
authorized their city engineer to design a plan to more efficient 3W,000-gallon system moat by weighed
serve the projected community growth effectively In terms of its tmpact on the community, he added
over the not 20 years. Sta uffer Bald flat while the case a has yet to mate
The resulting design, completed within the last two a decision one way or another, he believes that the
months, Calls for a 350,0*llallon-per-day treatment rseouirces and political endorsement of the
plant to be constructed next to the present system at regiong wept will provide a more manageable
an estimated cat of {900,000. Although the system is system over the long run.
deigned to serve adequately the needs of the
cmamunity'e growth In 20 years, Stauffer said the "We're slid in the preliminary stage of comparing
concern is that tie capacity would far exceed the costa betwaen the two options, and although 1 am
commuNty's oasis to the Immediate future - and it Il we can go the regional route, we're
is the present populalion that would foot the bill. Pa~b do ha~ er Is economically beet for the
,,We have submitted the plan to the Texas Water p+opie
y Commisaloa and received their approval;' Stauffer PpP1ewtollyehere,"Stsuffercoacluded.
said. "'t'he problem Is that the debt service would be
there from day one, and people's water bills would So "if we go with the interim 200,0009+ll0o facility,
up -you'd have a Imo number of people plying we'll haw to depend on our faith that there will be a
for the larger Capacity." mayor regional facility built," be said. "Otherwise,
we'll be Sikh in seven at eight yeah with having to
Toward the end of completion of the new ay+tem s upgrade our system again.
design, city officials lit Little Elm learoed of the
long-term water atudla being conducted In the
Upper TyWty Municipal Water Authority. Comprised
of agencies (includittg numerous ]owns) In Denton
County, the I" sou funded In Part by a 1125,000 t
state grant. Each particlpaling entity Contributed to
a latching amount on a pro rata basis, toward the
common goal of planning for the cOun II future
water to well "wastewater treatment needs
,Over tie next 20 years there's a projected growth
of 5.1 percent within Denton County, and most of that
will take place within the municipalities;" said In• ~
!seam manager Tom Taylor, in engineer with EsPey
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ould cot written, HLA,P expected to own 47
filing, but per cent of ST1•P because It
ysion staff planned to swap part of a
e been told lignite-powered plant to East
it massive Texas for the city of Austin's
chart of the project.
hich was a The swap, the centerpiece of a
the case plan to end a lawsuit by Austin
eaday ito- spLost HL&P, fell apart in late
I au, of the October after the PUC declared
the exchange would Dot be In the
MAP Is Interest of Houston ratepayers,
ecovering The plan also was based on
'oit I of the HIAP ending construction of Unit
oject. 1 by July. Last-minute bugs,
men, the however, postponed the date of 1J
Ivocate In operation until Aug. R
rate cases,
lanksgiving
;es for the - - j
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t S aid, it
n a loclay PUB endorses propos Sd
,e company p
Jamountol
Ia1w on water districts. a
yes to four
it," Ms. Ot• Taus Legislature, which coo- wbo was a member of the steering
,llday !!ling. TWAS Tate Van" indaauary, committee told PUB members be
6ud
to spend the PUB member this March, understood their coreerm sad
ng HLkP's The Public Utilities Board tills however, attached tries] ref- believed they should be looked
morns reluctantly endorsed arvationa to their recommenda- into. But he added that the city
r11114 PWOW be bwdoo *Watloc that would do' could not Isolate lba from tutwr
create a countywide water Among them were cattcerm that water supply and trestment Issues
it I and unit district, the legislation would make Denton in the region.
is Electric The action torwards the pro- PAY more money lot* the district "1t seems to me " regfomi
poWtotheDenton CItyCputtcii. than Its proportionate voting approach is the most feasible, the
"It's all yours,"board duLirman power and the city's repre- most p, ractical, the most
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Roland Laney said. etobtlon on the districts board erlttibbte and has the chance t 1
"And thank toll for that," board would not be proportlonate to the In the future," to
member Mark Chew added. Ilse of its pcpulatioa. meet our needs
said
The proposal, the work of a Board members also wanted
countywide steering committee assurances that the tegislatim According to city utilities staff,
comprising representatives of 91 would not leave the city liable on tbewater district would:
awl
county cities and towns, would bond ~ s Lnued
ratfor projects ts in as•]P acquire vide !more raw waist
create the Upper Trinity Regional city Pat
Water District U approved by the City Couecilmae Hugh Ayer, supply for the city.
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Official praises idea of .
' >t T Tat ~5 19~F water distrzci
y;R a TtfPA wbtchleh f/ aoerp hole cal, trouldn'l mwH en nntltmenle on behalf Of
W ~mY•r wandl ud I>aflbn wu the elry of aenloo, la example, Taylor
. , ~'m
atramit:l~e, Import:11 e~ffoN •va W"W r•/CI,:WW k u grw told, e mrubrnd tWn/ la.uar however,
y~1kyy~ pIa City utilities department lists
eecuae fM As el Denton ca,aty. ' wch wtil hove one vwa
Thal Is TampronT.CAf uumatiood the PUB member Nally posted the • ptlea a uuAllu that wane to tup
Owill .
of a Primed eayotyeldo wow Prepwal b W pty Qaavru, exprualn, Pa+ eyalem a,I an rive yet ready b pros, colts of proposed district
TaylorYtadclpal paata ea/ora V tleoanl the, Deelwo was td+e be 111110 receive oarvkear ouy became "contract'
s a1r of the U{ppptr t othrl powr relative to Its population T6es0 membre already nuY y
4' w MMIiry n1 e.r, ~<tPatedfloam4l asd/Ibudlu. bonol b wdDapart ptr4 auaulw aplantsea• snd+es , Dui ma r. nr Nr.mwn„., aus.,rr•or,A /w•.,,4 r,ixmia e,,
,,.,,,,arum, ln,r ry
w6eN blarlm etrtrbud cammlttae
lad Taylor, Dos uNanrt" crrw,w o,nlwHltmr.n.awn,wrwn•r.ura I
•ametl~~tlrarrOr. uW the l+rapotal waservierv0 'hoolwrne4rtnrao.n4nw~NIM w+tnn4 kn.nltrM+ctrr4Yr.tan~r
w ma i cruga b •verylaw,auulywt Ih0►Wtoneelwsrricslaw. aw:rw. r,wanewm....rMMarnwar,,.r,
It/Wst{s/ may weal jolty and Donal Ibs ty yta4.ttrr+tnin.►s.,,i,,,Ywm~niu,t
will be aubmtlUd 1• lb4 TeeaM eeamttles601trafu 'Made of d ~ ae ~en1an which of ..k w.r.
(~plt[• wblelemYtnptoJamry, reiepa••esta"M of 01 eluu, 1"M or Medl a fir tly fa hotel, evA um, the a/wrH,►,Nr,m, nNlbn4ma„7h Oe•euwefor, n
!!e district mould be am~ teB utlutll sibcy a Darrowlry pawn to tlkv Mr, rrw w,4 rush a actor
6atda r He mOmEus ywqlea, a a b a1/lelu to Dealaa ry Tfila Nsl
a^•4►w a. nrw4 w nn n,r w 4 ■ w«4 r a T, n au. a u n w.nt.
f '/t111 la 1D•rn. wa41dMINDIe the Mw /Hive h,wltof
lla N,N city 4t NNr nra MIM NIhkh NtwpsrI"'nly.,
trwabneot water plants and wastaeaaLar We A rWy pal draft that reptprua eb?a id encumbering its borrawtrld a4`re'"""4f o: 140:1"'n Oft rwrw4nw 4ra4h,MHII1=,
aw~MY twICM, ra
Pub. and to dYrgpe d mN all 1110ruta of Denton Q4*.'- M Y uld. n►wt`~` r•, rr twe4
Mute, /waN►Na4 nvywlopmarrr,rwHw w44r,Wm,•IMR•brara Own
l]del beruelkwM• an 4b to be the WIU Br• run, be mid, many Donlon IKIIM4,4 Mtanfi,awn.wne b►,4t1 WMNaN1Y,wn, Nl4lnraoa I,I H
nNwn',Mr,M MOh nwrar, w..lb hat, a4 tlhra,n4n41N bra br l••r.
rwabrawt.r wMYw,N,
rslyl,/ 1u1lb hywPr~lsloaallMlylaL IwnaedcllllsadWi/af, an eare /ww4"wlr my uMW Dn4n
san"tier towns, W"are Oak ~ Yille annd San
M w't 4cnitw,pala
0 a wady el w a ardn, an: •>ptct0d to eyed wow .n fi M"~I 4,N url N ar °e ■ wa4 en,4 Y •a,r r Inn m,Y a w w
da sot ve Anincfd tMgN b buy • Not every community will have to wisuwetwbuta wm. aka and r r•w ,w.IMr,n o. n..vnl v o a"r ~`1 W°eeu e
wake amwastewater p6ou, MW a water PIMA, uwerPlant or "d .entreMW-M
rrn4Hter,a►•a.Hlufirm
At teat the memDen of Lim Dents weel•dlapowelwy$UM. Tentative plane Include buddl a /wN4M abMw wnk4 b►MM• 1,ebra ►Mm,nbe,u4MtbrtN rl rawV ra
Public Utilities Board, Dowever an 0d a cv;q Dlle s exY that r• sepente Plant or parlleipountl nwith ``www`a°° ,e Nl4nmre,rY nhtwrb n,r,rn
nwtliMaucla 1 pa N►4,w4<ntuhNet um Taira ~ .wwaaY+AUfiniwnwu,,
tladideafor Deocoo. belpoW YW Deacon In 1o Ray Robtep r4ne. onbawra...t, relknwlr,nMn„tlfi
On Wedoudsy, WY q gloved the membsblL•M javaral%
Ppoint one bard wbkD al prwot Is to help supply ~Den riwwaMtilaiwrw: a'mr.e.t,.rar w/irµi rb:ueiwr ~r,`i'nalnomr, as
Pout prtlop~s dotrIM Offuld be ADnlq to be to to bartleor cluu, there CA w.t« heir Tame I loo's water Node WWO the fleet do.
NNrwiro Mm,n4vauu ne,arlrNer entNaw, WW be a eve tarrn,al, w er, NM, M4 4,LItl m N
"WW Amoclallon, whirl W city helped afsal, it Dr vft based on unount
Y tha A maair Plea MUMMlu Owls w.,rre' a n r, a a uifi Ml a ne,rr / ea k
Form I* ten wiNUueeolhrciuu
60 reylanal durtnil 4a.`"mt~«!wiir`rarvr,a►n4ttbnbe.nr bn4n.4~,niitiM ` 4ri+T°.t;,~N,nthesaenID crioloof the early 11M. ;nQrrtkl+rtr+Lim
of capital proJecta, wow and wastewater system. flnAed ■44r, arnica
of som Mull clues Dy"yW3DI4,woWdcal;=i"
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AGENDA
CI1Y OF LESION CITY COUNCIL
January 10, 1989
Work Session of the City of Denton City Council on Tuesday,
January 10, 1989, at 5:30 p.m. In the Civil Defense Room of
City hall, 215 h. Mchlnuey, Denton, Texas at which the
following items will be considered:
Note: Any Item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the
Regular Meeting.
5:30 p.m.
1. Discussion concerning the funding criteria to be
utilized by the Human Resources Committee.
2. Receive presentation of results of the financial audit
from Deloitte, Haskins 6 Sells.
j ! 3. Consider legislation to create a Regional Water and
Wastewater System and consider giving direction to the
staff.
I ( 4. Executive Session:
A. Legal. Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Discussion of Ali Al-khafaji vs. City of
Denton.
2. Discussion of Flow Memorial Hospital
Bankruptcy.
B. Real Lstate Under Sec. 2(fArt. 6252-17
Y.A. I.S.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252.17 Y.A.T.S.
1. Consider appointments to the Airport Board,
Community Development Block Grant Committee
- and the Low Income Housing Task Force.
Regular Meeting of the City of Denton City Council on Tuesday,
January 10, 19890 at 7:00 p.m. in the Council Chambers of City
Hall, ZIS E. McKinney, Denton, Texas at which the following
items will be considered:
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7:00 p.m.
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1. Consider approval of the minutes of the Regular
Meetings of December 13 and 200 1988.
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City of Denton City Council Agenda
January 10, 1989
Page 2
2. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in
accordance with the Staff rccor„mendations.
Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
f agenda. Detailed back-up information is attached to the
ordinances (Agenda items 3.A, 3.B). This listing is provided
on the Consent Agenda to allow Council Members to discuss any
item prior to approval of the ordinance.
A. Bids and Purchase Orders:
f 1. Bid 19893 - Change Order 1 1 - Woodrow
Lane/Burning Tree Lane
` 2, bid 19893 - Change Order 12 - Woodrow
Lane/Burning 'free Lane
! 3. bid 19912 - Padmounted Switchgear
4. bid 19920 - Denton Municipal Lab Expansion/
` building (The Public Utilities board
recommends approval)
B. Tax Refunds
1. Consider approval of a tax refund for First
Quality Foods Inc. for $1,803.20.
2. Consider approval of a tax refund for Selwyn
E School for 52,216.13.
3. Consider approval of a tax refund for Glen
W. Justice for $1,549.80.
f i 3. Ordinances
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services.
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City of Lenton City Council Agenda
January 10, 1989
Page S
b. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works or improvements.
C. Consider adoption of an ordinance authorizing the
execution of Change Order 11 to a contract
between the City of Denton and Sunmount
Corporation and providing for an increase in the
contract price.
D. Consider adoption of an ordinance authorizing the 1
execution of Change Order 12 to a contract
between the City of Denton and Sunmount
Corporation and providing for an increase in the
contract price.
L. Consider adoption of an ordinance approving a
lease between the City of Denton and Bert E. I
i Mahon and Mary L. Mahon for property located at 1
the City of Denton Municipal Airport, Denton, ,
Texas. (The Airport Advisory board recommends
approval).
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F. Consider adoption of an ordinance approving a
contract with Freese and Nichols, Inc. for
professional engineering services in connection
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with the development of a twenty year master plan
for improvements to the %astewater Treatment
System. (The Public Utilities Board recommends
approval.)
4. Resolutions f
A. Consider approval of a resolution adopting the 11I
boundaries of moderate activity center 140 as a I
N1-. part of Appendix A and amending the Intensity
Planning Area boundary Map. (Ihe Planning and
Zoning Commission recommends approval).
S. Receive a report from Gene Douglas and Mr. and Mrs.
Tillman Uland regarding the City of Lenton operating
defensive driving classes in free competition with
their programs.
6. Miscellanrous matters from the City Manager.
7. Official Action on Executive Session Items: j
A. Legal Matters
B. Real Lstate
C. Personnel
D. Board Appointments J
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city of Benton City Council Agenda
Jinuary 101 1988
Page 4
g, New business!
ThisSitem items for provideEuturesction eagendas ~r Council Members to
Bugge
9. Lxecutive Session%
A. Legal Matters Under Sec. 2(0), Art. 6252-17
V.A.T.S. -
B. Real Lstate - Under Sec. 2([), Art. 6252-17
f V.A.T.S.
C. Personnel/board Appointments Under Sec. 2(g),
Art 6252.17 V.A.T.S. 1
C L R T I F 1 C A T L
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I certify that the above notice of meeting was posted on the
bulletin board at the a ofity Hall of the City of Denton, oTexas,
on the at 'clock
(a.m.) T .m.
3026C
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DATE 11 /10/69
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I CI'IY_C0uNCSL RCPORT FORMAT # 1
701 Mayor and Members of the City Council
FROMI Lloyd V. Ilarrell, city Manager
SUB16CT1 Continue discussion of Human Resources Committee
funding process.
RECOMLAENDATION:
Staff recommends the HRC policies and procedures
document be revised to incorporate changes requested
by Council,
1U6iMgQ I The Human Resources Committee had requested some
900 once from Council on what the basic philosophy for funding
k of human services agencies should bo.
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PR06RAM?. DEPARTMEtiTS OR yR0UPSJ9PFEC1ED:
Human Resources Committee and those agencies requesting funding
from the City.
;
E FISCA.L-IMPACT
Actions could significantly reduce or possibly maintain at
current levels V4 amount of funds prov`Ied to service agencies
in the future.
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Re c m i t t
arre
City Manager
prepjred bYI
r milty °Comeau Development Coordinator
_ A? pi d
' rank bb in
e xeCU19bl 8lrector
i for Planning and Ue.velopment
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city of DLNTON 1
Community Development Office
110 West Oak Suite B
Denton, Texas 78201
(817( 5088480
MCMORANDUM
DATE: January 10, 1989
TO: Mayor and Members of City Council
THROUGH: Frank Robbins, Executive Director for Planning
and Community Development j
FROM: Barbara Ross, Community Development. Coordinator 1
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SUBJ: Human Resources Funding Process
Attached are copies of the Human Resources Committee's policies
and procedures. The copy with highlighted areas indicates changes
made to the original. These changes are intended to incorporate
your suggestions into the basic framework of the HRC decision-
making process.
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Section Al explains that these policies and procedures, when
revised, will be submitted to Council for their approval, The 1
revision of this document may be used as a basis for discussion 1
in the joint City Council - HRC meeting.
( If You have any •uestions • r comments 'lease advise. Thank you.
i
Barbara Ross
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In The Amerir an Tradition
Tlie('ommunIIyllc% lonnrnthlakGrua-
Kirel Ing nis at home.
In the farnllyt
and thruuchout the nelotlmrhotxl. 46
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HUMAN RESOURCE ADVISORY COMMITTEE
I.
Statement or Purpose of Ccmmittesi The Human Resources Committee acts as an
advisory committee to the City Council. Its members are appointed by the
Council. The purpose of this Committee is to interact with community groups
in order to bring about improvements in the human services delivery system and
provide a forum which promotes better communication and coordination among the
agencies, to work close] with he n d Way and other funding Agencies in
order to coordinate funding affotto within the N L" to serve in an advisory
capacity and encourage continuous in-depth evaluation of the effectiveness of
the human service dellvecv evLUZ in Dentonr and to recommend to the City
Council, actions for implementation that would improve human services in the
City of Denton,
its
II
j I Human Resources Defined, The term human resources (services) refers to those 1
agenciesices that are designed to be available to targeted groups o
individuals throughout the community. Basic services normally provided at th`/
local government level may be carried out by human service agencies in en
effort to improve the general quality of community life.
1
III,
Goneral TYpes of Requests to be Considered by the Commltteei Human resource
agencies, individuals, or organizations currently operating in the City of
Denton, and/or new agencies proposing to conduct operations within the City
will probably request an appearance before the Committee for one or more of
the following reasons I
a. To coordinate their agency's program with other community agencies.
b. To disseminate information to the Committee.
c. To request unofficial recognition and support by the Committee*
d. To request a letter of support by the Committee and/or an official
letter or resolution by the City Council#
e. To request financial assistance from the City Council.
1f~ ~ 1 V, I
General Policies and Prtcedures for Considering a Request by a Human Resource
Agency, Individual or Organizations The policies and procedures adopted by
the Human Resource Committee will apply to all individuals and agencies that
have made a request to appear before the Committee, 1
A. The Committee normally meets on the first Thursday of each month,
Agencies or individuals wishing to appear before the Committee shall
request to be included on the agenda at least seven (1) working days prior
to the Committee meeting,
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Human Resource Advisory Committee
Page 2
Be Each agency or individual will complete and return to the staff prior to
the seven 17) working days, a questionnaire entitled 'Questionnaire for a
Human Resource Agency,' Theme will be made available through the City
Staff,
C. Presentations bi representatives of a human service agency will make every
effort to limit their presentationo to 20 minutes, The Committee reserves
the right to interrupt or halt a presentation which exceeds this period of
time,
D. The Committee reserves the right to limit the number of agency requests
per meeting,
E, Agencies or individuals making presentations before the Committee will be
responsible for all had out materials and audio/video equipment which they
may desire to use during this presentation,
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All Human Resource Committee meetings are open to the public and news
media, however, the Committee may request that representatives of agencies
wait outside while the Committee is discussing and deciding what
appropriate action to take in regard to that particular agency's request.
V.
Subject Matter to be Considered b the Committest All agencies, individuals
or other types of organtcations requesting to appear before the Human Resourca '
1
Committee will complete the Human Resources Agency questionnaire which will be
provided by the Staff. The questionnaire will bo placed in a file and copies
distributed to the Committee, The questionnaire is designed as a
comprehensive effort by the Committee to learn as much as possible about th-
agency$ Section I deals with general infotmationt Section ti focuses on the
nature of the agency's tequestt Section III is used it any agency is
requesting fundst Section IV dwells on OMB circular A•95 informatlont Section
V includes questions on organizational and general characteristics of the
agencyt Section VI deals with the policy making bodyt Section VII is the
agency's financial repottt and Section Viii concerns itself with the services i
provided by the agency. The questionnaire was developed to allow for specific
changes during the year. The questionnaire would only be updated in the areas
that have experienced some type of change, deletion or addition and/or perhaps
expansion,
Agencies requesting an official letter of support by the Committee, Council
resolution or financial assistance from the City should be prepared to provide
the following information in addition to completing the questionnaire.
L Proposed budgets by overall agency and by program.
2, An auditor's opinion statement as to the agency's financial position,
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3, Coals and objectives of any new proposed program, project or service.
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1!aman Resource Advisory Committee
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4. Monitoring or evaluation Statement by the funding agency or licensing
agency.
S. Annual report for the latest fiscal, grant or calendar year. J
6, For new agencies or new projects, etc. the Committee will look closely i
at the methods for continuing operations after the first year,
1. Documentation as to the community's need.
0, A brea%lown reflecting administrative costs as compared to the type and
amount of service cost per client.
9. Turn down letters by state or federal funding agencies, {
10. A list of other sources from whom the agency may intend to solicit
financial assistance.
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Types of Actions or Recommendations to be Made by the Committee)
h A. where agencies are only desiring to disseminate information or coordinate
their agency's efforts with the Committee, the Committee will probably
j take no action,
Be where agencies are requesting unofficial recognition or letter of support
from the Committee, the Committee shall act by a motion and approval by a
majority of the Committee,
C, where agencies desire official support or recognition bl the City Council
or requesting financial assistance, the committee shell act by a motion
and approval by a majority of the Committee, The Committee will prepare A
formal recommendation which will be transmitted to the City Manager's
Office, The Committee's recommendation will follow one of the three
recommendations listed belows
14 Favorable Recommendations A favorable recommendation will mean
that the agency has satisfied all the Committee's request for
information, has met the committee's standards as set forth in
the Comprehensive Human Resource Plan end has documented the
community's need.
2, Favorable Recommendation with Stip_lationss A favorable
recommendation with stipulations will mean that as agency has
satisfied all of the committee's requests for information, met
their standards and has documented the Community's need 69Cept
where the stipulation applies. An agency may resolve the
stipulation and precede on to a formal presentation before the
City Council without reappearing before the Committce.
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1. Unfavorable Recommendations An unfavorable recomnendation will
mean that the agency has [ailed to satisfy the Colnmlttea'a
request for information, met their standards or documented the I
community's need.
D. Agencies soliciting financial support from the City should be aware that
there may be more requests than there is money and that a favorable
recommendation by the Committee does not necessarily guarantee that their
agency will receive a financial commitment by the City Council.
The Committee will Attempt to recomr,end a specific dollar amount to the
Council for those agencies requesting financial assistance, however, the
1 City Council may elect to revise this upocifrz dollar amount.
Vil.
Estebl shmsnt of Priorities for financial Aesistancs RequeaeeE Realizing ehnt
the City has limited financial resources for the Human Service Delivery System
and that the demand by agencies may exceed these resources, the Committee will
rank the agencies aad/or their projects in accordance with the following
criteria. The priority criteria will determine the appropriateness of the
activity for funding by the City. Capacity criteria will allow ranking based
on the ability of agencies to deliver services.
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New agencisa will normally receive funding for a maximum of three years.
Agencies ere required to request funding each year from the Human Resources
Committee.
City funds will not be utilized to fund activities generally regarded as the
domain of another level of government, i.e., County health care function.
Priority Criterias i
transportation I
(6, vices constitute a fundamental activity of local governmenti
public safety
co law enforcement
environmental services
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ncy provides service more cost effectively than would City
artment/persorinel.
1 ves target population i.e., elderly, children, low income,
} dicapped.
E E ~
vices are unduplicated within the City of Denton.
funding constitutes leas than 501 of total budget.
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nistrative costs constitute less than 201 of total budget.
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Human Resource Advisory Committee
Page S
Capacity Criteria:
A. Fiscal
1. Tracking of city funds is adequate
2. Timely submittal of quarterly reports
3. Independent annual audit performed
B. Programmatic
1. Services objective met
2. Timely submittal of quarterly service reports
3. Services coordinated with other agencies
C. Administrative
to Complete proposal submitted
2. Acceptable policies and procedures for provision of services
2. Board of Directors
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Public Hearings Conducted by the Committee; In order that the Committee
can assist the City in developing its annual budget where it pertains to
the Human Service Area, the Committee will conduct meetings or public
hearings. These meetings or public hearings will be specifically held
for agencies, individuals or organizations which are seeking financial
j assistance from the City.
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The meetings and hearings will be scheduled to coincide with the
development of the City's annual budget. Once the Committee has been
notified by the finance director and provided with a proposed time
schedule, the Committee will formulize its schedule and process.
Although, the schedule may vary from year to year, it will generally
convene sometime in the spring each year.
The method to be used by the Committee in determining fair share
allocation and distribution of funds will be decided in accordance to
City policy for that proposed budget year. This method will need to be
defined each year prior to conducting meetings and public hearings.
Notices of public hearings and meetings will be published in the
newspaper and by other means as decided by the Committee. {
IX.
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Appeal Procedures[ Since the Haman Resource Committee serves in an
4 advisory capacity to the City Council, there are no formal appeal
procedures established to provide guidance to a particular agency who has
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received an unfavorable recommendation, ranked as a low priority, or had
a stipulation attached to the Committee's recommendation. It will be at
the discretion of the City Council to either uphold or disaffirm an
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Human Resource Advisory Committee
Page 6 `
unfavorable recommendation, stipulation, or other requirement passed by the
committee in reference to a particular agency.
An agency however, may elect to reappear before the Committee at a later date
to produce new information, facts, or findings which may cause the Committee to
alter or revise its initial recommendation.
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Adoption and Dissemination of these Policies and Procedures: The Committee
will review and adopt a set of policies and procedures. The Committee will
I~ then present the policies and procedures to the City Council for their review
and adoption if so desired by the Council, The policies and procedures will
remain in effect until amended, at which time a revised set will be approved by
the Committee and resubmitted to the City Council.
The Committee will furnish the council and all future Councils with a copy of
the policies and procedures, Agencies requesting to appear before the
Committee will receive a copy by staff at the same time the questionnaire is
requested. Copies may also be requestO directly from the staff.
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HUMAN RESOURCE ADVISORY COMMITTEE
1.
Statement or Ynreeof Committee! The Human Resources Committee acts as an
advisory committee to the City Council. Its members are appointed by the
Council. The purpose of this Committee is to interact with community groups
in order to bring about improvements in the human services delivery system
and provide a forum which promotes better communication and coordination among
the agencies, to serve in an advisory capacity and encourage continuous in-
depth evaluation of the effectiveness of thn social service delivery system
in Dentona and to recommend to the City Council, actions for implementation
that would improve human services in the City of Denton.
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Hums Aesourees Defined_t The term human resources (services) refers to those
agencies and services that are designed to be available to all individual
families and groups throughout the community in an effort to fulfill unmet
human needs and improve the general quality of lifer
III.
is auesta to be Conside[e4 by the Committees Human resource
General Tvoss of-
agencies, individuals, or organitations currently operating in the City of
Denton, and/or new agencies proposing to conduct operations within the City
will probably request an appearance before the Committee for one or more.of.
the following ressonst
a. To coordinate their agency's program with other community asteneiaae
b. To disseminate information to the Committee.
c. To request unofficial recognition and support by the Committeeo
d. To request a letter of support by the Committee and/or an offi-
cial letter or resolution by the City Council,
j e, To request financial assistance from the City Council.
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IV. '
General Policies and Procedures for Considering a Request by a Human Raaource
A enc Individual or Oraanlzationi The policies and procedures adopted by
the Human Resource Committee will apply to all individuals and agencies that
have made a request to appear before the Committee.
A. The Committee normally meets on the first Thursday of each month. Agencies
or individuals wishing to appear before the Committee shall request to be in-
cluded on the agenda at least seven (7) working days prior to the Committee
meeting.
B. Each agency or individual will complete and return to the staff prior to
the seven (7) working days, a questionnaire entitled "Questionnaire for a
Human Resource Agency." These will be made available through the City Staff.
C. Presentations by representatives of a human service agency will make every effort to
limit their presentations to 20 minutes. The Committee reserves the right to
interrupt or halt a presentation which exceeds this period of time.
D. The Committee reserves the right to limip the number of agency requests
per meeting.
E. Agencies or individuals making presentations before the Committee will be
responsible for all hand out materials and audio/video equipment which they
may desire to use during this presentation.
F. All Human Resoures Committee meetings are open to the public and news
media, however the Committee may request that representatives of agencies
wait outside while the Committee is discussing and deciding what appropriate
action to take in regard to that particular agency's request.
V.
I Subiect Matta to CoDgldsred by the Committees All agencies, individuals
or other types of organizations requesting to appear before the Human Resource
Committee will complete the Human Resources Agency questionnaire which will be
provided by the Staff. The questionnaire will be placed in a file and copies
distributed to the Committee. The questionnaire is designed as a comprehensive
effort by the Committee to learn as much as possible about the agency. Section t
deals with general information{ Section It focuses on the nature of the agency's
requestj Section III is used if any agency is requesting fundsi Section IV dwells
on OMB circular A-95 informations Section V includes questions on organizational
and general characteristics of the agency= Section VI deals with the policy making
budyi Section VII is the agency's financial reports and Section VI1t concerns it-
self with the services provided by the agency. The questionnaire was developed
to allow for specific changes during the year. The questionnaire would only be
updated in the areas that have experienced some type of change, deletion or add-
ition and/or perhaps expansion.
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~ Agencies requesting an official letter of support by the Comraittes, Council
resolution or financial assistance from the City should be prepared to provide
the following information in addition to completing the questionnaire.
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page Three
Proposed budgets by overall agency and by program.
1, An auditors opinion statement as to the agency's financial position.
3. Coals and objectives of any new porposed program, project or service.
4. Monitoring or evaluation statement by the funding agency or licensing
agency.
5. Annual report for the latest fiscal, grant or calendar year.
r _ 6. For new agencies or new projects, etc. the Committee will look closely
1 at the methods for continuing operations after the first year.
Documentation as to the community's need.
1j 8. A breakdown reflecting administrative costa as compared to the type and
amount of service cost per client.
9. Turn down letters by state or federal funding agencies.
10. A list of other sources Erom'whom the agency may,ittend to solicit
' financial assistance.
Vl.
4 Types of Actions or RecoMendstions to a Had Y the_Coasaitteas
As where agencies are only desiring to dessaminste information or coordinate
their agency's efforts with the Committee, the Committee will probably take no
action.
8. Where agencies are requesting unofficial recognition or letter of support
from the Committee, the Committee shall act by a motion and approval by _j majority
of the Committee.
'I C. Where agencies desire official support or recognition by the City Council
~f or requesting financial assistance the Committee shall act by a motion and approval
by a majority of thu Committal. The Committee will prepare a formal rocommandation
" anich'pill-ba transmitted •to-ehe-"ty-Manager' s Office. The Comaitteals racommenda-
tion will follow one of the three recommendations listed belows
1 Favorable Reaosmlendati0 1 A favorable recommendation
t g F.'!Jul mean that the agency has satisfied all the Coromittes'e
at for in formation, has met the Committee's standards
at forth in the Comprehensive Human Resource Plan and
has documented the comunity's need,
1 Fay2a le Recommendation with Stioulat oAw A favorable
recommendation with stipulations will moan that an agency has
satisfied all of the Committee's requests for information,
met their standards and has documented the community's need
except where the stipulation applies. An agency may resolka
the stipulation and preceed on to a formal presentation before
the City Council without reappearing before the Committee,
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3. Unfavorable Recommendations An unfavorable recommendation
will mean that the agency has failed to satisfy the Committee's
request for information, met their standards or documented the
community's need.
D. Agencies soliciting financial supportfrom the City should be aware
that there may be more requests than there is money and that a favorable
recommendation by the Committee does not necessarily guarantee that their
agency will receive a financial committment by the City Council
E. The Committee will attempt to recommend a specific dollar amount to J
the Council for those agencies requesting financial assistance, however 1
the City Council may elect to revise this specific dollar amount,
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VII.
Establishment of Priorities for Financial Assistance Requestss Realising that
the City has limited financial resources for the Human Service Delivery System
and that the demand by agencies may exceed these resources the Committee will rank
the agencies and/or their projects in accordance to the established priorities
which are discussed in the Comprehensive Human Resource Plan, Ranking will in-
clude four different categories, which aret
a. It is Urgent that the City maintain or improve services in these state. ?
b. It is Essential that the City maintain or improve services in these areas. 1
I` I c. It is Desirable that the City maintain or improve services in these areas.
d. Maintaining or improving services in these areas ate Deferrable.
The Human Rosources Committee will not accept requests for funding from
agencies outside the regular budget cycle unless specifically asked to
do so by the City Council.
VIII.
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` Public Hearings ConduCted by the Committeet In order that the Committee can
assist the City in developing its annual budget where it pertains to the Human
Service Area, the committee will conduct meetings or public hearings. These
meetings or public hearings will be specifically held for agencies, individuals
or organizations which are seeking financial assistance from the City.
rho meetings and hearings will be scheduled to coincide with the development of
the City's annual budget. Once the Committee has been notified by the finance
Committee will formulize
director and provided with a proposed time schedule, the
its schedule and process. Although, the shcedulo may vary from year to year, it
will generally convene sometime in the spring each year.
The method to be used by the Committee in detormining fair share allocation and
distribution of funds will be decided in accordance to City policy for that
1 proposed budget year, 11iis method will need to be defined each year prior to
conducting meetings and public hearings.
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Notices of public hearings and meetings will be published in the newspaper and by
other means as-decided by the Committee.
IX.
Appeal Proceduresi Since the Human Resource Committee serve, in an advisory
capacity to the City Council, there are no formal appeal procedures established
to provide guidance to a particular agency who has received an unfavorable recom-
mendation, ranked as a low priority, or had a stipulation attached to the Committee's
recommendation. It will be at the discretion of the City Council to either uphold
or disaffirm an unfavorable recommendation, stipulation, or other requirement passed
by the Commites in reference to a paticular agency.
An agency however, may elect to reappear before the Committee at a later date to
produce new information, facts, or findings which may cause the Committee to
altar or tevi%e its initial recommendation.
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X.
(Adoption and Dissemination of theme Policiu and ProWu_reai The Committee will
review and adopt a set of policies and procedures. The Committee will then pre-
sent the policies and procedures to the City Council for their review and adoption
if to desired by the Council. The policies and procedures will remain in effect
j until smanded,atwhich time a revised set will be approved by the Committee and
resubmitted to the City Council.
The Comities will Eurniah the Council and all future Councils with a copy of the
policies and procedures. Agencies requesting to appear before the Committee
will receive a copy by staff At the same time the questionnaire is requested.
Copies may also be requested directly from the staff.
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Delcitte .
Haskins Sells
801 Cherry Street. Suite 2340
Fort Worth, Teas 76102-6801
1817) 338-2531
Metro, 654-2777
Cable DEHANDS
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The Honorable Mayor and
City Council and City Manager December 9, 1988
215 E. McKinney f
City of Denton, Texas 76201 1
Dear Mayor, Council Members and City Manager:
We have audited the financial statements and supplemental
schedules of the City of Denton ("City") for the fiscal year
ended September 30, 1988, and have issued our report thereon
dated December 9, 1988. As part of our audit, we made a
accountingecontrolotoothehextent we system
considered internal necessary to
evaluate the system as required by generally accepted
auditing standards. The purpose of our study and evaluation
was to determine tho nature, timing, and extent of the 4
1 auditing procedures necessary for expressing an opinion on
{ the City's general purpose financial statements. Our study I
and evaluation was more limited than would be necessary to J
express an opinion on the system of internal accounting
control taken as a whole.
The observations reported herein should be considered in the
context of the responsibility of management for establishing
and maintaining a system of internal accounting control, the
objectives of and inherent limitations on such a system, and
the definition of a material weakness for purposes of this
report, which are described in the Appendix of this report.
Our study and evaluation made for the limited purpose
described in the first paragraph would not necessarily
disclose all material weaknesses in the system.
Accordingly, we do not express an opinion on the system of
Howeveinterns
our accounting g ontrol of the City taken as a
that
' i we believe is a material weakness.
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Our audit did however, disclose the conditions as set forth
in the following table of contents that, although not
considered by us to be material weaknesses, are weaknesses
in internal accounting control and other matters for which
corrective actior. might be taken.
This report is intended solely for the use of the City
Council and management and should not be used for any other
purpose. We will be pleased to discuss these
recommendations with you further and to assist you in
implementing them.
- Yours truly,
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TABLE OF QSThj
Page
CASH AND INVESTMENT ACTIVITIES 4
Repurchase Agreements
Savings and Loans 4
Cash Transfers 4
Safekeeping Receipts* 5
ACCOU14TING PROCEDURES AND ISSUES 5
Cash Disbursements
Fixed Assets Inventory 5
I~ Reconciliation of Utility Receivable Records 6
INTERNAL AUDIT* 6
REPORTS* 6 I
EMPLOYEE BENEFITS
Health Care Budgeting 7
Deficit Fund Balance 7
Actuarial Study 7
Sick Leave 8
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TAX INFORMAT1014 REPORTING EVALUATION 8
Forms 1099-MISC
Magnetic Media Filing Requirements 8
MUNICIPAL COURT 9 I{
HOTEL/MOTEL OCCUPANCY TAX 9 1i
Formal Contracts
Reporting of Revenues 9
APPENDIX
*Noted in prior year
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CASH AND INVESTMENT AC IV TI
ReR rchase Agreements
Observation: The City's investment policies with regard to
required collateral on repurchase agreements are vague.
Recommendation: To strengthen the policies regarding repurchase i
agreements, tie city should consider amending the investment
policy to:
Require 102% collateralization of all repurchase agreements. {
During times of interest rate instability, consider requiring
105% collateralization (standard in the brokeragge industry).
This would protect tho C{ty more fully from marke• erosion.
Include a time limit for repurchase agreements. When a
repurchase agreement exceeds thirty days and sophisticated
security pricing mechanisms are not in place, the probability of
j market exposure is increa;ied.
Include a listing of approved securities for use as
collateral. If a time limit is not introduced, only securities
that can be price tested easily should be allowed (such as U. S.
Treasuryy securities and other allowable securities that can be
I priced by reference to the Wall Street Journal).
II
Savings and Loans '
Observation: The City has invested in certificates of deposit and
of erFi accounts of savings and loans institutions.
Recommendation: Although not prohibited by law, currently cities
in e state of Texas are discouraged by current state guidelines
from depositing funds in savings and loans institutions. The City
should consider amending its investment policies to reflect the
current environment.
Cash Transfers
Observation: Cash held at various banks can be transferred
BeEween ,Uy accounts by phone with no written authorization.
d Also, these banks do not have a list of authorized accounts to
which tho cash may be transferred. These procedures currently do
not provide the City much assurance against unauthorized transfers
of cash.
Recommendation: Banks where cash is held and which allow
rFans`fera between accounts by phone should be provided with a list
of authorized accounts. In addition, there should be a maximum
amount allowed by phone.
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Also, the person at the City who made the transfer by phone should
complete a transfer notice and give it to the proper Finance
Department personnel. The transfer confirmation received from
the bank should be agreed with this notice and the appropriate
journal entry made.
Safekeeping Receipts
Observation: The City does not receive original safekeeping
receipts of the collateral pledged against the City's bank
deposits from the custodian bank Requests to the custodian bank
to forward the original safekeeping receipt to the City have been
denied.
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Recommendation: The depository agreement should be revised to
spec ca y state that original safekeeping receipts should be
forwarded to the City. Alternatively, the agreement should be
revised to state what other documents or procedures would be
acceptable to the City and the custodian bank, This procedure
E would ensure that the securities are owned by the Uity in the
event of any bank uncertainties.
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ACCOUNTI~ZC PRUC6D~ N~ISSU~
Cash Disbursements
Observation: A special escrow account was opened at a bank for
purchasing equipment. When the bank received authorization to
disburse the funds in the account, a cashier's check was prepared
and the equipment was purchased. However, no documentation was
forwarded to the Accounting Department personnel responsible for
recording these transactions. As a result, the purchase of the
equipment was not recorded on a timely basis.
Recommendation: All cash disbursement documentation, especially
when tie cesK-disbursement involves special procedures, should be
forwarded to the proper Finance Department personnel.
Fixed Assets Inventory
Observation: The City has performed periodic physical
even or es of fixed assets purchased with federal funds.
However, a complete physical inventory has not been performed
within the last two years for all City fixed assets.
Recommendation: Perform a complete City-wide fixed asset
physical nventory.
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Reconciliation of Utility Receivable Records
observation: The monthly accounts receivable detail ledger
prepa--`uDy the Customer Information System ("CIS") was not
reconciled to the general ledger. The City has reconciled the
daily CIS to the general ledger; however, instances were noted
where the sum of daily CIS reports did not agree to the monthly
CIS report.
Recommendation: Reconcile the daily CIS reports and general
e ger to the monthly CIS summary.
~ INTEkNA AUllIT
Observation: Currently, the City relies on its system of
nterna accounting control and annual independent audit to
j provide assurance that the financial statements are fairly
presented. While this reliance is adequate, an internal audit
function would provide an additional control level and establish a
system which would better monitor operations and the accounting
system of the City.
Recommendation: Consider establishing an internal audit
j unct on. Internal auditors' duties and responsibilities vary
widely among cities. Frequently internal auditors are involved
with operational reviews and special projects as contrasted with
the traditional role of financial auditing.
The internal auditor should have no authority over nor
responsibility for the activities examined. In order for
objectivity to be maintained, we suggest that the individual
performing this function report directly to the City Manager and
report semiannually to the Audit Committee of the Board. This I
type of arrangement should provide a level of internal control
through segregation of responsibility and give the internal
auditor the authority required to operate across departmental
lines to best perform the job.
$E;QKTS
Utilizing Report Writer Function
Observation: Financial statistics, taken from the LCFS reports,
4 are being input into the Wang word processing system or into LOTUS
spreadsheets to allow for ad hoc reporting or other changes. The
American Mansgement I stem's report writer function is not being
utilized by the user departments. The AMS report writer is
perceived to be extremely complicated to use and users have not
been properly trained.
Recommendation Users should be trained to use the report writer
function or ocher report writing systems should be considered,
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EMPLOYEE BENEFITS
Health Care Budgeting
Observation: Duringg fiscal year 1987-88, expendituresforhealth
.Observation:
s gnificantly exceeded budgeted revenues. This yy j
a 00deficit AlthouQhself-insurance
entities have experiencedat
$800 pprnblems
,000. magnitude of thia deficit is
estimating health benefits coats, the a concern.
Recommendation,modelewhich incorporatesekeysfactors develop variables Personnel met o 0 ogy
These may include
essential for more accurate rojectionsconsumer price indices,
projected claims activity, health workforce utilization profiles, relevant legislation, incurred
claims data and other identified variables impacting e future
level of health care claims. Once re metiahe ology of
should be fully documented and reviewed with app P levels
management and thu City's outside contractor, CBS and an actuarial
firm.
Deficit Fund Balance
Observation: The City is projecting a deficit position in thegh
s- - naurance fund through the 1991-1992 fiscal year. Althou
steps are proposed to offset this deficit through increases in
premiums and a one time contribution by the City of $170,000, the
fund will be unable to pay total incurred claims during this time
period without borrowing from other funds.
Recommendation: The City should take immediate steps to balance
t e ee - ns`urance fund for the current fiscal year and subsequent
years through additional city contributions, additional rate
increases and/or changes in the plan design.
Actuarial Study
Observation: There has been no actuarial analysis to determine
t e cgs ow requirements, reserve requirements and other
relevant financial issues relating to the self-insurance fund.
outside firbudget hCompletiondofuthisgstudyaand
Recommendation: The
act" en do y by
implementation of recommendations early in the fiscal year ghoul
be a major priority.
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Sick Leave
Observation: The Personnel Department performed a preliminary
rev ew w lch determined that the potential for sick leave abuse
exists. ppe
related osts. an
leave n polMstandt should c
Rncernan - uoy of sick Personnel
TAXte1NFQRMATION REP ORTING VALU ~ ION
sas
Forms 1099-MISC
Observation: The Cit is required to file forms 1099-MISC in
regara-Fo-paymenta of 600 or more to all unincorporated
businesses of rent or compensation for services rendered. Such
forms are not required for payments for merchandise, freight,
storage or similar charges. In the past, the City has filed such
forms in regard to payments to individuals only. It is probable
that there is a subtantial number of unincorporated businesses
with which the City does business for which such forms are
required to be filed The penalty for failure to file correct
information returns is $ 0 per occurrence ($100,000 maximum).
Recommendation: The Citgty's Finance Department is now aware of
099pMISCearenfiledtforn1988eandtfutureryearet the proper Forme
109
Magnetic Media Filing Reguirements
Observation: In cases where an entity is required to file 250 or
more orms -2 or Forms 1099-MISC, such forms cannot be filed on
paper, but must be filed using magnetic media. The City is
required to file Forms w-2 on magnetic media and has been doing
so. However, no efforts have been made to develop the capability
to file Forme 1099-MISC magnetically. It is possible that the
City will be subject to the magnetic media filing requirement in
regard to its Forma 1099-MISC. The penalty for failure to file
magnetically where required is $50 per occurrence ($100,000
maximum). It makes no difference that the required information
is filed on paper if it is not filed magnetically; the penalty
still applies.
Recommendation: The Finance Department is analyzing whether to
eve op a magnetic media filing capability internally or to go
with an outside vendor. Unless the capability can be developed
internally at very low cost, we consider it likely that an outside
vendor would be the lees expensive alternative.
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Observation: The City has implemented a municipal court software
pac age which appears to support several key operational areas.
The system is not integrated with the City's general ledger or
other financial systems.
Recommendation: Study the feasibility of integration of the
court system with the financial system. This may require
development of conversion software or other special programming,
U21U1 MOTEL. QCCUPANCY TAX
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Formal Contracts
Observation: The City has entered into a formal contract with
the Von n Chamber of Commerce which defines all requirements for
uses of tax revenues including reporting of performance.
However, formal contracts have not been executed between the City
and other recipients of occupancy tax revenues including the Arts
Council, Historical Society and North Texas Fair Association.
Recommendation: The City should enter into formal contracts with
all refc pients of occupany tax revenues.
i Reporting of Revenues
Observation: Tha ordinance providing for the levy and collection
of a io[eTToccupancy tax requires that each hotel provide a report
to the City detailing revenues and other data requested by the
City. The ordinance also requires the hotel to submit a copy of
the report filed with the State Comptroller in connection with the
State of Texas Hotel Occupancy Tax. A majority of hotels are not
complying with this requirement, yet are filing the standard City
report.
Recommendation: Require all hotels to submit a copy of the State
ompL~trolTer s-report for additional verification of revenue
received.
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APPENDIX
MANAGEMENT'S RESPONSIBILITY FOR, AND THE OBJECTIVES AND
LIMITATIONS OF, INTERNAL ACCOUNTING CONTROL AND THE
DEFINITION OF A MATERIAL WEAKNESS
The following comments concerning management's responsibility for
internal accounting control, the objectives of and the inherent
limitations of a system of internal accounting control, and the
definition of a material weakness are excerpts from Statements on
Auditing Standards of the American Institute of Certified Public
Accountants.
Management's Responsibility
Management of the City is responsible for establishing and
maintaining a system of internal accounting control. In
3 fulfilling this responsibility, estimates and judgments by
management are required to assess the expected benefits and
related costs of control procedures.
Ob ectivee
The objectives of a system are to provide management with
reasonable, but not absolute, assurance that assets are
safeguarded against loss from unauthorized use or disposition, and
that transactions are executed in accordance with management's
authorization and recorded properly to permit the preparation of
financial statements in accordance with generally accepted
accounting principles.
Limitations
Because of inherent limitations in any system of internal
accounting control, errors or irregularities nevertheless may
occur and not be detected. Also, projection of any evaluation of
the system to future periods is subject to the risk that
procedures may become inadequate because of changes in conditions
or that the degree of compliance with the procedures may
deteriorate.
Material Weakness
A material weakness for the auditor's purpose is a condition in
h which the specific control procedures, or the degree of compliance
3 with them, do not (in the auditor's judgment) reduce to a
relatively low level the risk that errors or irregularities in
amounts that would be material in relation to the financial
statements being audited may occur and not be detected within a
timely period by employees in the normal course of performing
their assigned functions. These criteria may be broader than
those that may be appropriate for evaluating weaknesses in
accounting control for management or other purposes.
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CITY OF DENTON, TEXAS
SINGLE AUDIT
REPORTS
FOR THE YEAR ENDED SEPTEMBER 30, 1988
TABLE OF CONTEN'a
PAGi
Auditors' Report on Supplementary Information Schedule
of Federal and State Financial Assistance 1
Schedule of Federal and State Financial Assistance 2-3
Auditors' Compliance Report Based on an Audit of
General Purpose Financial Statements Performed in
Accordance With the Standards for Audit Issued by the 4
U. S. General Accounting Office
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Auditors' Report on Internal Accounting Controls Based
Solely on a Study and Evaluation Made as a Part of an
Audit of the General Purpose Financial Statements 5-6
Auditors' Report on Compliance With Laws and Regulations
Related to Major and Nonmajor Federal Financial
-g
Assistance Programs
Schedule of Findings and Questioned Coate 9
Auditors' Report on Internal Controls (Accounting and
Administrative) Based on a Study and Evaluation Made as
a Part of an Audit of the General Purpose Financial
Statements and the Additional Teets Required by the 10-12
Single Audit Act
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Delcitte
Haskins -Sells
801 Cherry Street. Su to 2340
Fort Worth, Teas 781026801
(817) 338 2531
Metro 654.2777
Cable DEHANDS
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AUDITORS' REPORT 014 SUPPLLAENTAKY INFORMATION
SCHEDULE OF FEDERAL AND STATE FINANCIAL ASSISTANCE
The Honorable Mayor and Members of the City Council
City of Denton, Texas:
We have audited the general, purpose financial statements of
the City of Denton, Texas or the year ended September 30,
1988, and have issued our report thereon dated December 9,
1988. Our audit of such general purpose financial
statements was made in accordance with generally accepted
auditing standards and the standards for financial and
compliance audits contained in the Standards for Audit of
Governmental Or anizations Pro rams c v t es an
unct ohs, ssue by the-U. enera ccount ng ice,
and; accordingly, included such teats of the accounting
records and such other auditing procedures as we considered
necessary in the circumstances.
Our audit was made for the purpose of forming an opinion on
the general purpose financial statements taken as a whole,
The accompanying Schedule of Federal and State Financial
Assistanco for the year ended September 30, 1988 is
presented for purposes of additional analysis and is not a
required part of the general purpose financial statements.
The information in that schedule has been subjected to the
auditing procedures applied in the audit of the general
purpose financial statements ands in our opinion is fairly
stated in all material respects. when considered In relation
to the general purpose financial statements taken as a whole.
9 December 9, 1988
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j CITY or DENTON, TEXAS
SCNEDULt Or FEDERAL AND STATE FINANCIAL ASSISTANCE
FOR THE YEAR ENDED SEPTEMBER 30, 1915 f
CATALOG OF A
FEDERAL FUND
FEDERAL CMNIOR/ DOMESTIC PROCKAM FUND BALANCE
PASS•THROUCH GRANTOR/ GRANT ASSISTANCE OR AWARD BALANCE REYENUES 6EPTEM6ER 30,
PROGRAM TITLE It D_NUMBEI% 1,0, NUMBER AMOUNT OCTOBEA It 1911 "~FY6C~1-~~•{TAl'E ~~CAL-~ ERPENDITURC! 1966
U. B. oeparternt of Mowing
i and Urban h1viil •~ab'"iFt i
CoaTun32y Tlavelopaan'E Block t
Grant 1.64•NC•41.0036 14.215 $614,000 ( 4,695 1 3,302 1 234 1 1,743
Community bevalopment Block
1 Clint 1.65.71'•41.0036 14,111 671,916 16,173 56,664 3,369 56,712 19,114
i Community Development Block 1
I Grant 1.66-MC•41.0036 14.111 551,SI4 (21,101) 2),970 179 20,719 (17,011)
Cc unity Development Block I
Crent B•S1•MC•41.0036 14,211 571,551 6,173 360,929 1,061 446,111 86,970
` Cc jnity Development 11ork
Grant 1.96•MC•41.0036 24,211 553,966 NIL 112,125 1,463 42,39) 12,915
raised Through !tote of Tares
Wppartment 61 Comwnlty
, Aflalri Rental
Rehabilitation Program 00010404563,
{ 455051,
456051
8.11006,
R•61•NC•46.0022 14,730 135,913 :I14 M T`!17 149,119
_ 'iT;9r13 120 )411, "'637T
`7
U. 1, Department of Neolth and r
"11u+tTR~i
taaa"0ThiO.V,Vt, Ittato of
Fume Mhabllltatlon
Cnalmelonl
Recreation Service Model
Tfatning DDA1309 13.630 41,711 11-Ij 9S 29.160 47,042 67
U, 1, Decca4amen! et Trrnapottat on
;port
Administration
Alirport Improvement
Program 11/)4600610)66 20.106 226,450 S},lOS) IIS,21f 34,029 21610)1
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C11V Or DENTON, TEXAS
SCHEDULE or rf.DERAL AND STATE FINANCIAL ASSISTANCE (Continued)
rOR THE YEAR ENDED SEPTEMBER 30, 961
CATALOG Of
rEMAL FUND
FEDERAL GRANTORI DOMESTIC PROGRAM FUND BALANCE
rASS•TNROUGN CRANTOR/ GRANT ASSISTANCE OR AWARD BALANCE REVENUES SErTENBER 30,
1100 *4 SITU I,0, NUNUt 1,1, N11111, 1801"T DCTOBER 1961 -TTDER)(1----59r LOCAL` EXPENDITURES 1961
U, S. Department of tdutatlo
064 tht Ii StiTi'oar
LlkrIrr ou`` N A Archive
comIWonl
1roJect lead C00817153 14,45! 11,634 f 11,634
Dfudvantela Population 315.1 41,041 N
IL - =5 -Tr.Sm - -
1411.
Total Federal Financial
An(atanca 4,611 930,191 193,06 3 1,011,316 6,311
fate of Tnu Crialna
I ~ Ju?t ~ea'~-~[[--vG on
L TJJi11TiTitT[8toreeunt
Un{t S 81811CO21694 1 15,41i0 4 794 SS 13 ~ 10,429
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and n o f to park 10.00111 113.001 _ 6.1,61, 64.65 11J20 161,?11 _],11H)
Total State flnanetal
Anluanca 6,161 79,241 147,115 S 213,34 0,17 1
TOTAL FEDERAL AND STATE ,
FINANCIAL ASSISTANCI Man 1!24.841 MW 4ULU2 11.125.441 1A 141
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Deloitte
Haskins- Sells
801 Cherry Street, Suite 2340
Fort Worth, Texas 76102.6801
(817(336-2531
Metro, 654-2777
Cable DEHANDS
AUDITORS' COMPLIANCE REPORT BASED Oil AN AUDIT
OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH THE STANDARDS FOR AUDIT ISSUED BY THE
U. S. GENERAL ACCOUNTING OFFICE
The Honorable Mayor and Members of the City Council
I City of Denton, Texas:
We have audited the general purpose financial statements of
the City of Denton, Texas ("City") for the year ended 1
September 30, 1988, and have issued our report thereon dated {
December 9, 1988. Our audit was made in accordace with for
enerally ac
g cepted auditing standards and the standards financial and compliance audits contained in the Standards
for Audit of Governmental 0r anizations Pro rams
ct v t es an unct ons, ague y t e eneral
Account ng ce, an , accordingly, tncluded such teats of
the accounting records and such other auditing procedures as
we considered necessary in the circumstances.
The management of the City is responsible for the City's
h compliance with laws and regulations. In connection with
our audit referred to above, we selected and tested
transactions and records to determine the City's compliance
with laws and regulations, noncompliance with which could
have a material effect on the general purpose financial
statements of the City.
The results of our tests indicate that for the items tested,
the City complied with those provisions of laws and
with which
noncompliance
e
Nothing came to our attention that caused us to believe that
q for the items not tested the City was not in compliance with
laws or regulations, noncompliance with which could have a
material effect on the City s general purpose financial
i statements.
December 90 1988
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' Deloitte
Haskins Sells
801 Cherry Street. Since 2340
Fort Worth, Texas 761026801
18171 336-2531
Metro. 6542777
Cable DEHANDS
AUDITORS' REPORT ON INTERNAL ACCOUNTING CONTROLS BASED
SOLELY ON A STUDY AND EVALUATION HADE AS A PART OF AN
AUDIT OF THE GENERAL PURPOSE FINANCIAL STATEMENTS
The Honorable Mayor and Members of the City Council
City of Denton, Texas:
We have audited the general purpose financial statements of
the City of Denton, Texas City") for the year ended
September 30, 1988, and have issued our report thereon dated
December 9, 1988. As a part of our audit, we made a study
and evaluation of the system of internal accounting control
of the City to the extent we considered necessary to
evaluate the system as required by generally accepted
auditing standards and the standards for financial and
compliance audits contained in the U. S. General Accounting
Office Standards for Audit of Governmental Or anizations
Pro rams Act v t es an unct ons. For the purpose o
this report, we nave classified the significant internal
accounting controls into the following categories:
Billings
Receivables
Cash receipts
Purchasing and receiving
Accounts payable
Cash disbursements
Payroll
Inventory control
Property and equipment
General ledger
Our study included all of the control categories listed
above. The purpose of our study and evaluation was to
determine the nature, timing and extent of the auditing
procedures necessary for expressing an opinion on the City's
general purpose financial statements. Our study and
evaluation was more limited than would be necessary to
express an opinion on the system of internal accounting
control taken as a whole or on any of the categories of
controls identified above.
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The management of the city is responsible for establishing
and maintaining a system of internal accounting control.
In fulfilling this responsibility, estimates and judgments
by management are required to assess the expected benefits
and related costs of control procedures. The objectives of J
a system are to provide management with reasonable, but not l
absolute, assurance that assets are safeguarded against loss
from unauthorised use or disposition, and that transactions
are executed in accordance with management's authorization
and recorded properly to permit the preparation of general
purpose financial statements in accordance with generally
accepted accounting principles. Because of inherent
limitations in any system of internal accounting control,
errors or irregularities may nevertheless occur and not be
detected. Also, projection of any evaluation of the system
to future periods is subject to the risk that procedures may
become inadequate because of changes in conditions or that
the degree of compliance with the procedures may deteriorate.
Our study and evaluation made for the limited purpose
disclose described alin the l material first weparagraph aknesses in would the n systemessarily
di
I Accordingly, we do not express an opinion on the system of
internal accounting control of the City, taken as a whole or
on any of the categories of controls identified in the first
paragraph. However, our study and evaluation disclosed no
I condition that we believe to be a material weakness.
1
This report is intended solely for the use of management and
federal and state grantor agencies, and should not be used
for any other purpose. This restriction is not intended to
a matter which, upon
bym the t City distribution Council, of this
December 9, 1988
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Deloitte
Haskins Sells
801 Cherry Street. Suite 2340
Fort Worth, Texas 76102-6801
(817) 336.2531
Metro. 654-2777
Cable DEHANOS
AUDITORS' REPORT ON COMPLIANCE WITH LAWS AND
REGULATIONS RELATED TU MAJOR AND NONMAJOR
FEDERAL FINANCIAL ASSISTANCE PROGRAMS
The Honorable Mayor and Members of the City Council
City of Denton, Texas:
We have audited the general purpose financial statements of
the City of Denton, Texas ("City") for the year ended
September 30, 1988, and have issued our report thereon dated
December 9, 1988. Our audit was made in accordance with
enerally accepted auditing standards; the standards for
financial and compliance audits contained in the Standards
for Audit of Governmental Or anizations Pro rams
Div t es an unct ons, ssue y t e eneral
A counting 6 ce; t e Ingle Audit Act of 1984; and the
provisions of OM8 Circular A-128, Audits of State and Local
Governments and, accordingly, included suc tests o tie -
account ng records and such other auditing procedures as we
considered necessary in the cir,:umstances.
The management of the City is responsible for the City's
compliance with laws and regulations. In connection with
tke examination referred to above, we selected and tested
transactions and records from each major federal financial
assistance program and certain non.major federal financial
assistance programs. The purpose of our testing of
transactions and records from those federal financial
assistance programs was to obtain reasonable assurance that
the City had, in all material respects, administered major
programs, and executed the tested nonmajor program
transactions, in compliance with laws and regulations,
including those pertaining to financial reports and claims
for advances and reimbursements, noncompliance with which we
believe could have a material effect on the allowability of
program expenditures.
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Our testing of transactions and records selected from major
federal financial assistance programs disclosed no instances
of noncompliance with those laws and regulations.
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In our opinion, for the year ended September 30, 1988, the
City administered each of its major federal financial
assistance programs in compliance, in all material respects,
with laws and regulations, including those pertaining to
financial reports and claims for advances and
reimbursements, noncompliance with which we believe could
have a material effect on the allowability of program
expenditures.
The results of our testing of transactions and records
selected from nonmajor federal financial assistance programs
indicate that for the transactions and records tested the i
City complied with the laws and regulations referred to in
the second paragraph of our report. Our testing was more
limited than would be necessary to express an opinion on
whether the City administered those programs in compliance
in all material respects with those laws and regulations,
noncompliance with which we believe could have a material
effect on the allowability of program expenditures; 1
however, with respect to the transactions and records that
were not tested by us, nothing came to our attention to
indicate that the City had not complied with laws and
regulations.
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II
f CITY OF DENTON TEXAS
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE YEAR ENDED SEPTEMBER 30 1988 QUESTIONED
h %
PROGRAM FINDING/NONCOMPLIANCE COSTS
IM STATU_PRIOR YEAR COMMENT
CDBG
Gren86-MCb48-0036 Findln The Grantee Performance None
_ eport for the period July 17, 1986 to
July 18, 1987 was not reconciled to the
' City's general ledger. The Report was
understated by $49,000. The Summary
of Resources and Expenditures section
of the abov-v
PerformanceeReportoc ntainedee
mathematical errors totaling $2,000 in
the captions "total CDBG funds
available for use during this reporting
period" and "unexpended balance of CDBG
Funds at the end of this reporting
period."
Status: Procedures are now in place
to perform reconciliation on a oonthly
and yearly basis.
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Deloitte
Haskins Sells
801 Cherry Street. Suite 2340
Fort Worth. Texas 76102.6801 i
18171336.2531 it
Metro, 6542777
Cable DEHANDS
1
AUDIADTORS'
BASED REPORT ON INTFRNAL CONTROLS (ACCOUNTING
MADE AS A PART OF AN AUDIT OF THE GENERAL
PURPOSE FINANCIAL STATEMENTS AND THE ADDITIOrZAL
TESTS REQUIRED BY THE SINGLE AUDIT ACT
I
The Honorable Mayor and Members of the City Council
City of Denton, Texas: j
We have audited the general purpose financial statements of
the City of Denton, Texas ("City") for the year ended
September 30, 1988, and have issued our report thereon dated
December 9, 1988. As a part of our audit, we made a study
and evaluation of the internal control systems, including 1
applicable internal administrative controls, used in
administering federal financial assistance programs to the
extent we considered necessary to evaluate the systems as r
required by generally accepted auditing standards, the
standards for financial and compliance audits contained in
the Standards for Audit of Governmental Or anizations
Pro rams ct v t es an 6 7 - unct one, issued y the S I
enera ccount ng ce; the File Audit Act of 1984• I
and the PProvisions of OMB Circular A-1281 Audits of State
and Local Governments. For the purpose of this report, we
ave c ass e t e significant internal accounting and
administrative controls used in administering federal
financial assistance programs into the following categories;
Accounting Controls
Billings
Receivables
Cash receipts
Purchasing and receiving
Accounts payable
. Cash disbursements
Payroll
Inventory control
Property and equipment
General ledger
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Administrative Controls
General Requirements
Political activity
Davis-Bacon Act
Civil Rights
Cash management
Federal financial reports
Specific Requirements
Types of services
Reporting
Special requirements
The management of the City is responsible for establishing
and maintaining internal control systems used in
administering federal financial assistance programs. In
fulfilling that responsibility, estimates and judgments by
management are required to assess the expected benefits and
related costs of control procedures. The objectives of
internal control systems used in administering federal
financial assistance programs are to provide management with
reasonable, but not absolute, assurance that, with respect
to federal financial assistance programs, resource use is
consistent with laws, regulations and policies; resources
are safeguarded against waste, loss and misuse; and 1
reliable data are obtained, maintained and fairly disclosed
in reports.
Because of inherent limitations in any system of internal
accounting and administrative controls used in administering +
federal financial assistance programs, errors or
irregularities may nevertheless occur and not be detected.
Also, projection of any evaluation of the systems to future
periods is subject to the risk that procedures may become
inadequate because of changes in conditions or that the
degree of compliance with the procedures may deteriorate.
our study included all of the applicable control categories
listed above. During the year ended September 30, 1988,
the City expended 55X of its total federal financial
assistance for the major federal financial assistance
program. With respect to internal control systems used
solely in administering the major federal financial
9 assistance program of the City, our study and evaluation
included considering the types of errors and irregularities
that could occur, determining the internal control
procedures that should prevent or detect such errors and
irregularities, determining whether the necessary procedures
are prescribed and are being followed satisfactorily, and
evaluating any weaknesses.
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With respect to the internal control systems used solely in
administering the nonmajor federal financial assistance
programs of the City, our study and evaluation was limited
to a preliminary review of the systems to obtain an
understanding of the control environment and the flow of
transactions through the accounting system. our study and
evaluation of the internal control systems used solely in
administering the nonmajor federal financial assistance i
programs of the City did not extend beyond this preliminary
review phase.
Our study and evaluation was more limited than would be i
necessary to express an opinion on the internal control
systems used in administering the federal financial
assistance programs of the City. Accordingly, we do not
express an opinion on the internal control systems used in
administering the federal financial assistance programs of
the City. Further, we do not express an opinion on the
internal control systems used in administering the major
federal financial assistance program of the City.
Also, our audit, made in accordance with the standards
mentioned above, would not necessarily disclose material
weaknesses in the internal control systems used solely in
administering nonmajor federal financial assistance programs.
However, our study and evaluation and our audits disclosed
no condition that we believe to be a material weakness in
relation to a federal financial assistance program of the
City.
This report is intended solely for the use of management and 1
federal and state grantor agencies, and should not be used I
for any other purpose. This restriction is not intended to I
limit the distrib-'+on of this report which, upon acceptance
by the City Coun%L'., is a matter of public record.
~,,.etseG~G~4~►'~-sue ►~'p~~ i
December 4, 1988
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,S 3d
JANUARY 10, 1989 1
CITY COUNCIL AGENDA ITEM
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TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: LLOYD V. HARRELL, CITY MANAGER
RE: UPPER TRINITY REGIONAL WATER DISTRICT LEGISLATION
I
RECOMMENDATION:
Staff requests direction on issues that are "essential" and
items "strongly desired" in order that a Resolution
supporting draft legislation can be considered at the I
Council meeting of January 17, 1989.
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SUMMARY/BACKGROUND:
At the Council Work Session on Tuesday, January 3, 1989, the
Council raised several questions. These questions can be
divided into two general categories: A) Issues that can
easily be incorporated into the legislation, and B) Issues
that represent substantial changes.
The following list represents issues that are consistent j
with Steering Committee discussions and that can easily be
incorporated into the legislation according to Tom Taylor
and Bob Dransfield. These changes are currently being
j 4 drafted and will be presented to the Council on January 10,
1989.
1. Reimbursement of Board and Staff expenses.
Insert words similar to "reasonable & necessary"
2. Better define "administrative and planning" expenses to
be charged to contract members and assure that all
"project" related administrative expenses be charged
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to "projects" and, therefore, participant members,
rather than to contract members.
3. clarify that each city retains the right to build and
expand its system and that the District cannot compel
service be taken from the District.
4. Revise the rule on any change to the 50 cent per capita
cap on administrative and planning expenses for contract
members. 1
The proposal is to have a clause that essentially states
that this cap may be chanced only if 75% of the voting
members and the votes of the members representing 759 of
the population of all members vote for such change.
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5. Require that the District have an annual financial
audit by a recognized external auditing firm.
6. Establish that no Board member or staff have a conflict
of interest in the affairs of the District.
The following represents issues that will require a
substantial change from direction previously received from
the Steering Committee. These items will require additional
negotiation with the Steering Committee members. It would
be helpful if the council could specify which of these items
are "essential" and which are "strongly desired". With this
direction, the Staff will prepare a resolution for the
Council's consideration at the January 17th meeting
expressing Decton's support of the subject legislation
contingent upon the incorporation of the "essential" issues
with an additional list of issues which Denton "strongly"
urges to be incorporated. These issues are:
1. Weighted vote
Participating Members- concept being suggested is:
a) 1 vote for each member
b) 1 vote for population over 50,000
G ' c) 1 addl. vote for each 4 MoD
increment of combined capacity
obligation for wtr. treatment,
wastewater treatment & raw water
(which is not being treated in a
District plant)
1 2. Remove prohibition on elected officials being appointed
to the Board.
3. At large (rural) Board members- concept being suggestedr
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a) Allow the Board to appoint instead
of the county commissioners
b) Require residence in area being
represented
4. Tighten the qualifications for Board members.
5. Prohibit compensation to Board me ers.
Res fully,
Prepared b 7s
Lloyd V. Harrell, C y Mlgr.
R.E. Nelson, P.E,
Executive Dir. of Utilities
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January 3, 1989
CITY COUNCIL WORK SESSION
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
SUBJECT. Upper Trinity Municipal Water Agency
RECOMME_NDATION
E No action required at this time.
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SUMMARY/BACKGROUND
In the early 1984'x, Denton began to be asked to provide wholesale water to its
neighbors and, In 19861 the Public Utilities Board included In their Master Plan,
f the following paragraphs regarding reglonAl water/wastewater plannings
Water
"Denton will establish Itself as a regional water supplier
utilizing Dallas water for entities other than the citizens
In a Oenton.
regional Hwater, etresstmem enitityxt lomeetparticipation egion
and Denton's future needs. Such entity shell have
appropriate controls placed upon it that Denton could
appropriately share in the control of its functions,
operations, pricing and growth"
W.Ast~ e water
+ will wastewater
treatment entity. Denton itself wllla where al economically
feasible, encourage discharge of wastewater Into
Denton's wastewater collection and treatment system.
Where not feasible, Denton will take an active role in
in to the northwest wastewater Denton treatment
s County
oeratl ystem(s) developed monitoring
region, and area generally bounded by the Elm Fork of
the l of Lewisville on the south." the Hickory Creek
Branch
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As events progressed and Denton negotiated with Lake Cities Municipal Utility
Authority, Hickory Cref.k, Argyle and Argyle Water Supply Corporation for
sale of wholesale water ind wastewater services, the Public Utilites Board and
City Council expressed serious :oncerns about Denton ullizing Its existing
relatively low capital cost water plant to serve wholesale customers, and then
be required to build a new and much more expensive water plant to replace the
capacity being utilized by the wholesale customers. In essence, the concerns
revolved around providing water at average costs vs highest incremental costs.
However, legal and regulatory precedent regarding providing average cost for
wholesale water vs highest Incremental cost had been set in the case of Dallas
vs It's wholesale water customers In the mid-1970'x. Dallas had attempted to
develop rates for their customer cities based upon the Incremental cost of new
reservoirs and treatment facilities and to retain It's water rights for It's own
citizens. Dallas claimed correctly that they had sufficlent water supplies and
treatment plants for the citizens of Dallas and that high cost new reservoirs,
such as Ray Roberts, and treatment plants were primarily required to serve
the rapidly growing suburb customer. In fact, this Issue was a major reason for
Ray Roberts Reservoir being delayed for several years.
The Texas Department of Water Resources (now the Texas Water Commission)
4 and court action resulted In Dallas being required to change its position and
offer all water rights, reservoirs and treatment facilities on essentially an
average cost basis to its own citizens and customer cities alike.
JI
With this background, Denton structured its wholesale water contracts with
Lake Cities Municipal Water Authority and Hickory Creek to be "interim"
water contracts until Denton builds its next water plant, at which time, those
customers would be required to provide their own capital and become partners
with Denton In a new water plant. In addition, each time a neighboring city
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would discuss purchasing wholesale water from Denton and request assistance
I in building a water transmission line from Denton's system to their
If community, the Public Utilities Board and City Council expressed serious
reluctance to spend Denton citizens' funds to help extend water lines for other
communities.
These Issues and concerns led the Denton Staff to ally away from taking on the
role of a regional water/wastewater supplier. The focus was then directed
toward helping develop an independent regional water agency who could
provide these services.
The Staff believes there are four basic alternatives for Denton. Each has pros
and cons. These alternatives eres
i• Denton become a Regional Agency
Pros a) Denton has complete control.
b) Denton may increase its Influence In the county.
Cons a) Probably would be required to provide services at
average cost vs incremental cost.
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b) Customer cities may become resentful of Denton's
control over their water services
c) May have to share Denton's water rights In
Lewisville end Ray Roberts Lakes.
d) Regulatory bodies and courts may exercise more
authority over Denton.
e) Would have to provide all up.frdnt capital for new
reservoirs, plants end pipelines.
f) Major staff effort in maintaining negotiations with
customer cities.
2. Denton, alone or with partners, create a "5I1" non-profit
corporation to serve as a Regional Agency. (Denton and
Lewisville have already done this,)
Pros a) Denton maintains majority control.
I
b) Denton maintains influence In the County.
j c) Denton somewhat limits Its liability relative to
option 1.
d) Denton could possibly avoid sharing water rights and
"average" facility costing (but this Is not certain).
6262Ur3
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cons a) Customer cities may reject concept citing lack of
control in decisions but carrying full obligation for
payment of costa.
b) Denton would have to add staff to handle this effort.
c) Regulatory bodies and courts may exercise more
authority over Denton.
d) Council would have to spend substantial time In I
ratifying contracts, bond issues, rates, etc.
e) Denton may have to share more costs in pipelines
than in option ) or 4.
3. Denton participate In Creation of an Independent Regional
Agency
Pros a) Denton maintains some degree of control and, by its
membership and dominant size in the Couoty, can
maintain a substantial degree of Influence.
b) Much more acceptable to all entities in the region
relative to options I and 2.
I
c) Removes any liability from Denton except that for
which Uenton may specifically contract. ;
d) Has support of Texas Water Commission, Water ~
Development Board and North Centrel Texas i
Council of Governments.
e) Reduces Denton's staff time requirements relative I
to options I end 2.
d) Reduces reguldtory and legal oversight of Denton's J
system relative to options I and 2.
Cons a) Denton does not have complete control.
b) Denton's influence would be less then options I and 2
c) Could create an entity that may exercise some
Influence over Denton's raw water options in the
future.
4. Do not participate In Creation of a Regional Agency
Pros e) Denton Is removed from any obligations of the
agencyo
b) Denton's staff time Is substent[ally reduced.
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cons a) Agency will probably be created and Denton would
have no influence
b) Agency may embark on projects Denton does not
think are in the best Interests of Denton.
c) Denton may find it necessary to be partners with
the Agency in water supplies or facilities, but have
less influence In structuring the arrangement than in
option 3.
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d) Denton may occasionally have to resort to an
adversarial role with the Agency to gain desired
influence over the Agency's actions.
Ail of the above pro and con Issues should be supplemented with the general
"advantages and disadvantages" listed on page 4 and 5 of the Council backup
information of December 13, 1988.
RESPONSES TO COUNCIL QUESTIONS OF DECEMBER 13, 1988 I
E A number of questions and Issues were raised at the last meeting and others
f submitted to the Staff in writing. Following is a listing of these questions and ,
issues and the Staff's responses: i
Issue Denton Contracts with Neighbor Cities
In conjunction with the sale of "surplus" water and wastewater
services to neighboring communities, Denton has repeatedly
taken the position that each of the neighbors must make plans
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for permanent service without reliance on Denton's J
infrastructure. Is the proposed legislation consistent with that
policy?
Response Yes. In fact, the legislation will provide us a tool for carrying
out that policy. That was one of our main purposes for helping
fund the study. Denton's water contracts with Lake Cities
Municipal Water Authority and Hickory Creek, at the request of
the PUB and Council, are interim contracts only. These
contracts have provisions whereby we agree to treat water for
these customers at our existing plant only until Denton builds
another plant. At that time, these wholesale
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customers need to become an equity owner in Denton's new
plant and provide capital construction funds. The Regional 1
District will provide a method for these wholesale customers,
and several other area cities who have requested wholesale
services from Denton, provide the needed financing.
Issue Denton's Embedded System Cost i
Mli the proposed regional system be able to Impose new costs
on Denton or take control of Denton's low cost facilities?
Response No. The legislation prohibits the District from taking over any
city facility without that city's permission. The District may
not impose any cost on the city. All services will be voluntary.
The city would request such service from the District only If
the District could do it better or at less cost. If the District is '
provides us a mechanism to
available to the other cities it
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retain our existing, lower cost facilities, for the benefit of
Denton citizens.
Issue Another TMPA
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What will keep the Upper Trinity Regional Water District from
creating similar concerns that Denton has with TMPA?
Response The legl3latlon will prevent another TMPA because the
concerns of Denton about TMPA were taken Into account when
1 it was drafted. Denton can serve on the Board, help establish
the policies of the agency, then observe the track record of the
agency for a few years before deciding if It wants to negotiate
a contract for service. If Denton exercises its leadership rode,
there is no reason to believe that the agency will not always
j serve the best interests of Denton.
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The legislation does not impose any obligation on Denton.
However, it will give Denton some additional choices for water
and raw water supply, wastewater treatment and solid waste,
but we are under no obligation to take any of the choices. We
can continue to take care of our own citizens within our own
capabilities. If we are convinced that the District offers an
advantage for a specific service, then Denton contracts for that
specific service.
One of the concerns with the TMPA contract has been Its "full
requirements" provision. Although there is a "beckout" clause
from this "full requirements" provision, It is difficult to
initiate. The Regional District will not have a "full
j requirements" provision. For each service Chet Denton desires,
wheti*,er that be for a raw water supply or If Denton should
change its present policy of owning all of Its own
water/wastewater plants and decide to contract for an
Incremental amount of water or wastewater treatment
capability, Denton would only be obligated to the amount for
which It contracted. Thereafter, on future plant requirements,
Denton could either build Its own or it could again contract
with the District for an Incremental amount of service.
Another concern with TMPA has been that of control. Since
the District will be only one of many options that Denton will
have for any particular service that the District Is authorized
to provide, the 01strict will have to structure and offer those
services so that they will be ecunomically attractive to
Denton. This element of "competition" will give Denton a high
degree of control over hour the District operates.
Regarding representation, Denton City Council will appoint one
member to the Board and that member can be recalled "without
cause" by the Council. There will also be an advisory
committee established that will have a representative from
each entity. This committee will help to maintain a line of
communication to the cities.
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Issue Service Alternatives
Whet are the choices or alternatives the District will offer
Denton? 1
Response Specifically, it is envisioned Denton will have the following
alternatives:
1. Become a "contract member" and have a position on the
Board and have equal voting regarding water/wastewater I,
plans for the region and general policies of the District.
This will cost a nominal fee each year, limited to not
more than 500 per capita.
2. Denton may become a "participant member" In a water
or wastewater pipeline. Denton would have a vote on
j matters associated with that project with some degree
of proportionality to Denton's financial commitment to ;
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There are two alternatives for how this participation J
could be etructured. Denton could either, 1) contract for {
this specified service or, 2) could enter a specific
contract for a "facility bond" agreement, wherein the
District would finance the project, or proportion thereof,
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and Denton would pay the actual debt service coat of {
Denton's share of the project.
3. Denton may enter into a "partnership" agreement with I
the District for a share of Denton's new water plant
wherein the District takes a 25% to 50% ownership. This
E 4 arrangement would continue to give Denton control and
I operation of the plant but could result In substantial
savings to Denton customers because of economies of
scale in building perhaps a 20 million gallon per day plant
ve a 10 million gallon per day plant.
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4. Long term, Denton would probably become a "participant
member" for securing additional raw water supplies. The
District will provide Denton with much stronger
bargaining power and political Influence when
attempting to get water rights or In negotiating for
water reservoir ownership.
In a more Seneral sense, the District could provide the
following renge of services to its membersi
1. An agency to obtain a supplemental source of raw water.
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2. A specific capacity in a specific treatment plant or
pipeline.
Service to a limited area of the r-ity somewhat remote
from the city's own facilities.
4. Full service for either wholesale water or wastewater
service.
5. An alternative vehicle for financing some of the city's
requirements through "special facility bonds".
6. Solid waste disposal.
7. Response to EPA concerning stormweter discharges.
8. Coordination of watershed protection strategies.
Issue The Legislation vs the Contracts
{ i
The draft legislation does not seem to answer many of the
questions and concerns that have been ralsed.
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Res onse Legislation is not the proper place to cover the details. The
legislation is very broad but enables the creation of a District
with sufficient power and latitude to address a variety of
needs. The details will be addressed In individual contracts to
be negotiated with each agency, occording to the needs and
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preferences of that agency.
Issue
1lh~a Regional System? ~Ve have done very well without e
regional utility system up to this point. Why change now?
Res onse The truth Is that we have parts of several regional systems
serving Denton County, but none of them are coordinated or
under control of Denton County citizens.
I'MAWA: Provides water and wastewater services on the
east side.
Dallas Provides long-range raw water supply and
treated water service to several communities.
TRA Provides wastewater treatment In the southern
I Her.
A regional system providing a coordinated plan of service under
a board of Denton County citizens does three things:
1. Gives us assurance that the service and supply will be
i adequate. i
2. Mekes economic sense.
3. Responds to new regulatory requirements for a
coordinated regional strategy for safe drinking water and
a clean envircoment.
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Issue Local Prerogatives
Won't the move toward reglonalization take away some local
freedoms?
Response At first blush, it may seem so; but, on reflection, the correct
answer is "No". There is no reason to believe that the
regulatory bodies will deny a permit to a city which
demonstrates a preference and a capability to do their own
thing--especially If they can do It cheaper.
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Issue HI by Costs
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` Municipal Utility Districts (MUDS) around the state have
exceptionally high rates. This system could make Denton's high
water rates even higher.
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Response In Demon's situation, this system will not be like a municipal
utility district. It will not provide retail service to customers
who have no choice. It will provide wholesale service on a more
efficient basis then each city can accomplish on its own.
Otherwise, it will have no customers because the service is
voluntary.
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issue More Municipal Utility Districts (MUDS)
Ii Denton has always opposed the creation of MUDS. Wili this
legislation open the door?
Response No, in fact, it will provide more local control over special
districts then presently exists. The draft legislation recognizes
the right of MUDS to be created and places more control than f
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cities now have over the creation and operation of such
districts. In fact, each city must concur before a sub-district
can be created within either its limits or ETJ. The mein
purposes for including sub-districts In the leglsietion Is so
existing water supply corporations can be reconstituted so they
can
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have an opportunity for membership in the District, and for
rural residents to have a mechanism to finance and operate a
retell water and wastewater system.
IssuU 9SULi Out
if we choose to become a participating member of the District,
can we ever get out?
Rea onse A city that joins the regional system for purposes of
constructing a facility will be obligated for the some length of
E time that It would be If it constructed the same facility by
using Its own bondsl that is, the obligation continues until the
bonds are retired. However, in the regional system It may be
able to transfer that obligation to another member who needs
the capacity. As long as we remain a "contract member", we
can withdraw at any time.
Issue Future Row Water Rights
The recently completed Ray Roberts project does not meet all
of Denton's future needs for water supply. Now will this
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legislation help?
Rea onse Two ways. A regional agency, it we chose to use it, will give us
more clout in competing for the limited supplies available.
Also, it will provir s a mechanism for getting rights to our
-`1 return flows.
Adminlstrative Costs
189Ue
What assurance do we have that this will not be another
bureaucratic organization with high costs? We need a detailed
statement now.
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Response If Denton chooses to be a contract member so it can be on the
board end set policy, it will help pay the administrative cost of
the agency; but, it can withdraw at any time. Therefore, the i
board will not impose unreasonable charges on Its members;
otherwise, it could find itself without anyone to help carry the
-1 freight. Furthermore, the legislation sets an upper limit on any
such fees at 500 per capita.
In addition to the general questions recelved, Councllm em ber Hopkins posed
the following specific questions. Listed are responses to those questions and
concerns which have not been addressed in the meterial Immediately
preceeding. I
0. Are the Attorneys in Hutchison's firm preparing the draft for legislation?
A. Bob Dransfield of the firm •f Hutchison, Boyle, hBrooos and Mansf i by
has been the primary author op the legislation. ected
the Denton County Water Study Steering Committee as pert of the
Engineering, n Finance and Study. Team hired to conduct the Denton
Q. If that is thr case, which bond attorneys will be representing the district?
A. TBond attorneyn he selection off bond attorneys will bendone eby the Board of Directors of
the Agency. However, only minimal legal fees have been paid to date,
and there may be some anticipation by the attorneys that they will be
selected as the bond attorneys.
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0. If it is the same f irm, is this customary?
A. It is not uncommon for the law firm who has worked with all of the
entities In the region in studying the regional needs and in drafting
f legislation for a regional agency, to then be selected as bond counsel.
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Subsequent to the December 13, 19881 meeting, we asked Paul Horton,
Denton's Bond Counsel, to review the legislation. Attached as Exhibit
II are his comments. Also Attached (Exhibit 1) Is a copy of the
Legislation (draft of 12/23/88) revised and blacklined to reflect
changes from the draft of December 18, 1988.
Prepared/Approved Byt Respe ly,~
N Lloyd (f. Harrell
hlelson, xe utive Dlrector City Manager
1 Department of Utlliti ey;~'f
f ; Exhibit [I Proposed Legislation (revised)
III Ltr of 12/28/88- Comments from Paul B. Horton, Denton's Bond
Counsel
III$ Newspaper Articles
IVi CC Agenda Item of December 13, 1988 1
V1 Minutes PUB Meeting
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Hutchison Boyle Brooks & Dransfield
i • a.E S ..n
3900 FPST CITE CENTER LN F$CE
000 5,N 1.10 . EN' En • N ~A r E
DALLAS. TE'(AS 75201-6622 41„•1N •Er,S W31 4;39
Robert D. DnmCeld 7+4) 7646600 V21 4'r 47'
1214 r5, 5633 CALLAS'ELECQF. NUWBEn.
2.4. 754 1040
December 23, 1988
D
OEC 300
The Honorable Mayor and City Council
City of Denton ;MM Of RS RNT"O' ICE
215 E. McKinney
Denton, Texas 76201
Re: proposed Legislation Creating Upper Trinity Regional
i Water District
Dear Mayor and Councilmembers:
j In accordance with the requirements of Article XV1,
Section 59(e) of the Texas Constitution, I am forwarding
herewith one copy of the proposed legislation referenced above,
together with one copy of the Notice of Intention to Introduce
a Bill published on December 7, 1988, in The Dallas Morning
News, a newspaper of general circulation in Collin, Dallas, and
Denton Counties.
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The proposed bill, if enacted and signed into law, would
create a regional water and wastewater district located
primarily in Denton County, Texas. It would be empowered to
serve cities whose boundaries are wholly or partially within
Denton County. The legislation is the outgrowth of a detailed
planning process which has taken place over the past two years
and which has involved approximately 30 governmental and
quasi-governmental entities in Denton County. The district has
no taxing power.
The primary purpose of the bill is to create an entity
that can provide water and wastewater planning and
implementation services in Denton County on at regional basis.
The disposal district would and o nobe emowered to n-hazardous liquid provide solid disposal
services as the circumstances would dictate,
A copy of the bill has been forwarded to Governor
Clements in accordance with other constitutional requirements.
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EXHIBIT
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M The Honorable Mayor and
City Councilmembers
December 23, 1988
Page Two
Should you have any questions, please do not hesitate to
contact me,
Sincerely,
HUTCHISON BOYLE BROOKS 6 DRANSFIELD
L 1wxf-,A' 4+~
Robert D. Dransfield
h RDD/als
111 4112W
ENCLOSURE
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6011CE OF INTENTION
TO INTRODUCE A BILL
STATE OF TEXAS
COUNTY OT DENTON
NOTICE is hereby given that the undersigned intends to
apply to the Legislature of the State of Tells, Regular
Session, for the passage of a Bill relating to the creation of
the Upper Trinity Regional Water Districts providing
definitions and legislative findings; providing for a board of
directors and the management of the Districts providing the
rights, powers, duties, and functions of the District and its
board of directors and other personnels providing for the
establishment of a customer advisory councils providing general
and specific powers and duties of the District; providing
procedures for the issuance of bonds, notes, and other
obligations, and the use of the proceeds thereof; providing for
the designation of a depoaitorys providing procedures for
entering into and letting contracts; providing certain
regulatory and police powers; autborieing the creation of
subdistrict& and providing procedures for the operation of such
subdi9tricts; providing for the payment of creation expenses;
providing an exemption from ad valorem taxation; providing
aeverability; making findings of to compliance with
requirements of Article XVI, Section S9( 6) and Section St(s),
Texas Constitution; and declaring an emergency. I
THIS NOTICE is given in accordance with the requirements
of Section 59(d) of Article XVI of the Taxes Constitution and
said legislation will find that said requirements have been met.
GIVEN this December S, 1968,
1
I BOARD OP DIRECTORS ~
UPPER TRINITY MUNICIPAL WATER
AUTHORITY, INC. '
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EXHIBIT-
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Hutchison Boyle Brooks & Dransrield
A KDFIiS,014, CCAPOPAM1DN
[ A"riP bk E ~
3900 FIRST CITY CENTER AUSTIN OFFICE
DALLAS, TEMS 75201.4622 X009 SAN r.CO.WC CENTER TCAN LAKE
Robert D. Dransrield 1214; 7646600 AUSTIN TE:A5 1E70, 4039
(214) 7646633 15-21471F 4121
D4U6 TELECOA'Y NUMBER.
12u1 r54-0040
MEMORANDUM Orr ~ h lJnQ
I (18
T03 The Attached Distribution List
FROMt Bob Dransfieid
REE December 23, 1988
RE6 Upper Trinity Regional water District
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Enclosed herewith please find a draft of the legislation
authorizing the creation of the captioned district, marked to
reflect the changes reviewed at the December 21, 1988
worksession. Please do not hesitate to contact me should you
have any questions.
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EXHIBIT
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a,
DISTRIBUTION LIST
Commissioner Lee Walker
courthouse on the Square
110 W. Hickory
Denton, Texas 76201
Mr. Steven Bacchus
151 W. Church Street
Lewisville, Texas 75067
Mr. R. E. Nelson
215 E. McKinney Street
Denton, Texas 76201
Mr. Austin Adams
122 Brookdale
Lewisville, Texas 75067
I
E Mr. Don Cline
1945 Jackson Road
Carrollton, Texas 75006
f Mr. Tim Fisher
1123 Fort Worth Drive
Denton, Texas 76201
Mr. Martin Highbaugh
501 N. Shady Shores
P. O. Box 355
Lake Dallas, Texas 75065
Mr. Dick Sellars
100 E. Main
Pilot Point, Texas 76258
j Mr. Tommy Turner
P. 0. Box 56008
The Colony, Texas 75056
Mr. Tom Taylor
1100 N. Kealy
Lewisville, Texas 75067
Mr. Frank Medanich
Mr. David Medanich
500 First City Center
Dallas, Texas 75201
Mr. Ronald S. Meyerson
Assistant City Attorney
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Mr. Ronald J. Neiman
City Attorney
City of Lewisville
386 W. Main
Lewisville, Texas 75067
Ms. Karen Brophy
City Attorney
-~i City of Carrollton
1945 Jackson Road
f Carrollton, Texas 75006
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H. _'2 r ~3
A BILL TO HE ENTITLED -DEC
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AN ACT
relating to the creation, administration, and powers, including
the power of eminent domain subject to limitations, and to the
duties, operations, and financing of the Upper Trinity Regional
Water District, and to the creation therein of subdistricts
with the power to levy and collect ad valorem taxes within the
subdistricts; and containing other matters related thereto.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Purpose. It is the purpose and intent of '
this act to establish a mechanism that can provide on an
orderly basis for the water, wastewater, solid waste, and
liquid waste needs of Denton County and the entities that may
be served by the authority herein created. To accomplish this II
purpose, a conservation district, without taxing power, is 1
created, with the power included to create subdistricts having
the power of taxation, subject to limitations, all for the
purpose of providing for such services on a coordinated busts
that is consistent with the regionalization objectives to be
satisfied by the creation of the authority.
SECTION 2. Definitions. In this act: J
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(a) 'district' means Upper Trinity Regional Water
District created in section 4 of this act and any other public
body at any time succeeding to the property, principal rights,
powers, and obligations of said Upper Trinity Rey.onal Water
District.
(b) 'basic service area' means the geographic area
contained within the corporate limits of all participating
members, ■ll conttaat members, and all customers and such areas
as are served by said members and customers.
+ (c) 'board" means the governing board of directors of
the district.
(d) 'contract member' or 'contracting member' means one
i or more, as the case may be, of the governmental entities which
EXHIBIT t
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provides retail utility service within its boundaries, that
contract with the district within two (2) years from the
effective date of this act to preserve the option to become a
participant within 19 years from the effective date of this act
and agree to pay son annual pro rata share of the cost of
administering the district which share shall never exceed for
any contract member fifty cents per capita unless otherwise
agreed to by at least seventy-five percent of said members.
L (e) 'county- means Denton County, Texas.
(f) 'customer' means any wholesale user of the water or
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wastewater services provided by the district which user
h provides retail utility service withlnAtAe boundaries of said
user.
f (g) -participant' or 'participating member' means one or
more, as the case may be, of the governmental entities which
provides retail utility service within its boundaries that
contract with th't district for the construction of and payment
for the water and/or wastewater projects to be financed from
time to time by the district.
(h) 'service area' means that geographic area contained
within the boundaries of the district.
(i) -state' means the State of Texas.
(j) -subdistrict- means one or more of the subdistricts
authorized to be created under Part 11 of this Act.
SECTION 3. Leoislative tindinos. (a) It is hereby
f found by the legislature that the creation and establishment of
the district and the creation and establishment of skbdistricts
within the district are essential to the accomplishment of the
purposes of Article XVI, Section 59, of the Texas Constitution.
(b) It is hereby found by the legislature that all of
the land and other property included in the boundaries of the
` district and in the boundaries of a subdistrict will be
benefitted by the improvements, works, and projects that era to
be provided by the district and by subdistricts pursuant to the
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powers confetred on the district and subdistricts by this Act,
and that the district is created to serve a public use and
benefit and any subdistrict created will serve a public use Ind
will be for a public purpose.
(c) The legislature specifically finds and declares that
the requirements of Article %VI, Section 59(d) and Sect lcn
59(e), of the Texas Constitution, to the extent applicable,
have been met and accomplished in due course, time, and order
and that all notices required to be given relating to this act
have been given, that all approvals required to be obtained
pursuant thereto have been obtained, and that the legislature
has the authority and power to enact this act,
PART I
THE DISTRICT
SECTION Creation. (a) A conservation and
reclamation district having the boundaries prescribed herein is
hereby created and shall be known as the Upper Trinity Regional
Mater District,
(b) The district is a conservation and reclamation
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district under Article kVI, Section St of the Texas
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III i Constitution, and is a governmental agency, body corporate and
politic, ■nd a political subdivision of the State.
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(c) The boundaries of the district are coterminous with
the duly established and existing boundaries of the county plus
the entire incorporated limits of any contract member or
participating member, a portion of whose incorporated limits is
partially within the corporate limits of the county, +
(d) An election confirming the creation of the district
is not required.
SECTION S. Management of District. The district shall
be governed by a board of directors consisting of persons who
f i are residents of the district; provided, however, that no
1 member of the board of directors shall be an elected official
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of any governmental entity that has the authority to appoint a
member of the board. The terms of office shall be four (4)
years. Members of the board shall be appointed by the
governing bodies of the participants and the contract members
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in the manner set forth herein. The members of the board are
subject to removal with or without cause by duly adopted action
of the governing body of the entity that originally appointed 1
such member. The board shall have complete authority over the
management and affairs of the district under this act.
(b) The initial board shall consist of the persons who
served as the initial board of directors of the Upper Trinity
i ► Municipal Water A Authority, Inc., a nonprofit corporation
organized under the laws of the State of Texas and those
persons who are appointed by those entitles that become
participating members or contract members within two years of
the effective date of this act. Each such participating member
at contract member shall appoint one member to the board and 41
the county shall appoint one member to the/board; provided,
however, that the county may appoint one additional member to
the board if the board determines that such appointment is in
I
the best interests of the district. Those entitles that
contract with the district after two years from the effective
date of this act shell be entitled to representation on the
board only pursuant to the rules and procedures established by
the board for the admission of board members is such rules and
procedures may from time to time be amended.
(c) Members of the board who ate appointed by the
participating members shell be entitled to vote on all matters
' before the board. Members of the board who are appointed by
contract members which are not participating members shall be
E entitled to vote on all matters before the board except those
matters that require a weighted vote, The board shall
establish rules for the implementation of a system of weighted
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votes concerning authorization of and financial commitments for
capital projects which system shall be determined according to
each entity's p+[tlcipatien in service and in projects of the
district.
(d) Except as provided herein, the initial board shall J
serve staggered terms in accordance with the procedures to be l
adopted by the initial board, provided that no initial board
member shall be appointed for a term in excess of four years.
Thereafter each board member shall be appointed to a four year
term. Members of the board may serve consecutive terms. The
members of the board that served on the board of directors of
f the Upper Trinity kj ni pal WateraAuthorInc. shall have
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the rights and privileges as members of the board appointed by
` participating members; provided, however, that such members
shell not be entitled to a weighted vote on any matter coming
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E I before the board and shall be entitled to vote as a
1
participating member without the right to a weighted vote. &The
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l bossdmembers that served on the board of directors of the Upper i
Trinity MunScl a Water .Aut ority. Inc. shall serve an initial ~
term of two years from the effective date of this act.
Thereafter, such persons are eligible to be appointed to the
board by a contract member or a participating member.
(e) Members of the board shall qualify to serve by
taking the oath of office and furnishing evidence of their
qualifications to serve on the board consistent with the
requirements of this act prior to assuming the duties of a
board member.
of es-officio
f -f) The board may establish a category
membership to the board and may provide for the duties and
responsibilities of the a:-oftleSo members in bylaws, rules, or
regulations to be adopted by the board.
SECTION 6. Board Procedures. (a) The board shall
prepare and adopt the bylaws of the district, and shell hold
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such regular, special, or emergency meetings at such times and
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oa sach nays nr 48tes as are specified therein.
(b) A majority of the members of the board constitutes a
quorum for the transaction of business of the district, and
approval of at least a majority of the members of the board
present at a meeting is necessary for approval of any matter
coming before the board, except where a weighted vote is
required in ac:ordance with the rules of the board in which
case a majority of the weighted vote of all board members
eligible to vote is necessary for approval of any such matter
coming before the bard.
(c) The board shall provide in its bylaws for the method
of execution for all contracts, the signing of checks and the
handling of any other matters approved by the board. The board
shall annually recognize and elect new officers.
(d) The officers of the board shall consist of the
president, one or more vice presidents, a secretary, and a
treasurer. The board shall elect a president and any vice
president from its members. The board may appoint a secretary,
one or more assistant secretaries, a treasurer, an assistant
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f treasurer, and such other officers as in the judgment of the
board are necessary, provided that such officers are not
i required to be members of the board. The president shall be
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the chief executive officer of the district and shall preside
over the meetings of the board. Any vice president shall
perform all duties and exercise all powers conferred on the
president when the president is absent or fails, refuses, or is
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unable to act. The accretary of the board or one of the
assistant secretaries shall be responsible for keeping the
minutes of the meetings of the board and all official records
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of the board and may certify as to the accuracy or aulhanticity
of any actions, proceedings, minutes, or records of the board
or of the district. The duties of the other officers may be
provided in the bylaws of the district.
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ie) Tne regular meeting place of the board shall be at
such place as may be designated in the bylaws.
( f ) The board may appoint and employ all persons, firms,
corporations, partnerships, and other entities deemed necessary
by the board to conduct the affairs of the district, including
but not limited to, engineers, attorneys, financial advisors,
accountants, general manager, and other employees or
consultants.
(g) The board shall establish a customer advisory
council composed of one representative from each customer
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receiving service from the district. The members of the
1 customer advisory council shall be empowered to act as provided
in the bylaws or other rules and regulations of the district,
but such customer advisory council shall have no voting power
on matters coming before the board. +
(h) The board shall adopt a seal of the district and may 1
adopt bylaws to govern the matters deemed appropriate by the
board provided such bylaws are consistent with this act and the
laws of the State of Texas.
SECTION 7, General Powers and Duties. (a) Subject to '
the specific provisions of this act, the districtAond its board
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of directors have the rights, powers, privileges, authority and
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functions granted, conferred, contemplated, and described in
Article XV1, Section 59, of the Texas Constitutions, including I
the rights, powers, privileges, authority ■nd functions II
conferred by the general laws of the state applicable to 1
municipal utility districts operating under the applicable
provisions of the Texas crater Code, togethsr with the
additional rights, powers, privileges, authority and functions
enumerated, described, expressed or implied by this act.
{r/~ (b) The district shall not have the power to levy or
collect ad valorem taxes.
(c) if any general law is in conflict or inconsistent
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with tifis act. this act shall prevail.
SECTION 8. Specific Powers and Duties of Authority.
(a) The district has the additional rights, powers,
privileges, authorities and functions provided by this Section.
(b) The district may plan, lay out, purchase, construct,
acquire, own, operate, maintain, repair and improve, inside or
outside its boundaries, any works, improvements, facilities,
plants, equipment and appliances, including any administrative
properties and facilities, any permits, franchise, licenses or
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contract or property rights, and any levees, drains, waterways,
lakes, reservoirs, channels, conduits, sewers, dams, stormwater
detention facilities or other similar facilities and
improvements, whether for municipal, industrial, agricultural,
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flood control, or related purposes, that are necessary, helpful
or incidental to the exercise of any right, power, privilege,
authority or function provided by this act, including the
supplying of water for municipal, domestic, and industrial
uses, and all other beneficial uses or controls; the
k collection, treatment, processing, disposal of, and controlling
` of all domestic or industrial wastes whether in fluid, solid,
or composite state; the gathering, conducting, diverting,&
controlling and treating of local storm water or local harmful
excesses within the boundaries of the district, irrigation, and
the altering of land elevations within the boundaries of the
district where it is needed,
(c) The district may acquire, by purchase or by exercise
of the power of eminent domain, which power is hereby granted I
subject to the limitations imposed thereon by this subsection, 1J
any land, easements, rights-of-way or other property or
` improvements within or without the boundaries of the district I~
1 (including land above the probable high water line around any 1
reservoirs in which the district has an ownership or
operational interest) which are needed or are appropriate to
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ca¢sY out the powers and functions of she district, as herein
described and contemplated; provided, however, that the power
of eminent domain shall be exercised in the manner and with the y
privileges, rights and Lmmunities available under the laws of
the state, including specifically the Texas Property Code. It
is provided further that the district shall not exercise the
power of eminent domain (i) against any property located
within an incorporated city located in whole or in part within
the county without the prior consent of the governing body of
the city in whose jurisdiction the subject property is located,
A (ii) against any property owned by the county, by any
municipality or any agency or instrumentality thereof, orA(M)
to acquire a waterworks system or a wastewater system that is
owned by any municipality, or by private parties, or by any
non-profit corporation.
(d) The district is hereby vested with and shall have
and may exercise the following additional rights, powers,
privileges, authorities and functions[ to provide for the
acquisition, construction, improvement, maintenance and
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operation of wholesale water and wastewater systems and
{ treatment works necessary to provide service to its customers,
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and the acquisition, construction, improvement, and maintenance
of any water supply, reservoir or interest therein necessary to
fully implement the powers and duties of the district as
provided in this act,
(a) The district may elect to prooide water, wastewater,
solid waste, of non-hazardous liquid waste services outside its
service area, but the district may not be compelled to supply
such services for use outside its service area except by order
of the applicable state agency having jurisdiction over such
1 matters applied in accordance with applicable law.
(f) The basic service area hex the primary right to
water or wastewater treatment capacity and to water supply in
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each classification which :he district secures under permit
from the applicable state agency having jurisdiction over such
matters,
(a) This act does not compel any customer or prospective
customer to secure water or wastewater service from the
district, except pursuant to contracts voluntarily executed.
(h) This act does not alter any outstanding permit, J
contract, or other obligation.
(i) The district is hereby vested with and shall have
and may exercise all the powers needed to establish, acquire, 1
1 operate and maintain a regional solid waste disposal system and
a non-hazardous liquid waste disposal system. In connection
j with said system, the distric: shall provide the services
afforded by such system to (i) any user as determined by the
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board if the services are to be rendered within the basic 1
service area of the district, and (ii) any customer if the
services are to be rendered outside the basic service area,
j (j) The district is hereby empowered to establish. and
enforce rules and regulations for the protection of water
quality in and [lowing to or from the areas in or surrounding
the lakes, reservoirs and other sources of water supply owned,
operated, or controlled by the district for the prevention of
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waste or the unauthorised use of water controlled by the
district and for the regulation of privileges on any land,
reservoir, or any easement owned or controlled by the
' district. Such rules and regulations shall be enacted and
enforced in accordance with the procedures provided in
Subchapter D of Chapter 51 of the Texas water Code, as amended,
and shall be consistent with the applicable rules and
regulations of any agency of the state having jurisdiction over
such sources of water supply.
(k) The district shall have the power to establish rates
and charges to be assessed to Custome a of the district for
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eaca. sEr.ece rendered to such customers which rates and charges
may be established by classes of customers, by project, or by
area of service.
(l) where bonds or other obligations of the district
payable wholly from revenues are issued, it shall be the duty
of the board to fis, and from time to time revise, rates of
compensation for water sold and for wastewater or other
services rendered by the district which will be sufficient to
pay the expense of operating and maintaining the facilities of
the district and to pay such obligations as they mature and the
interest as it accrues and to maintain the reserve and other
funds as provided to the resolution or order authorizing such
obligations.
(m) The district may adopt, enforce, and collect all
necessary charges, fees, or rentals for providing any district
facilities or service and may require a deposit for any service
or facilities furnished, and the district may or may not
provide that the deposit will beat interest, The district msy
discontinue a facility or service to prevent an abuse or
enforce payment of an unpaid charge, fee, or rental due to the
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i district. All cities, public agencies, political subdivisions
and any other entities that contract with the district are
authorized to fix, charge, and collect fees, rates, charges,
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rentals, and other amounts for any service or facilities
provided pursuant to or in connection with any contract with
the district, and to pledge such amounts sufficient to make all
payments required under the contract.
SECTION 9. bonds Notes, and Contracts of Authority,
(a) The district is authorised to issue, sell and
deliver its raven" bonds, rotas, revenue anticipation notes,
bond anticipation notes, short term obligations, refunding
bonds, or other obligations for any and all of its purposes,
without an election and upon such terms as the beard shall
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determine appropriate. Such obligations may be made payable
from all or any part of the revenues of the district derived
from any lawful source, including, but not limited to, any
contract with any customer or user of the facilities owned or
operated by the district under the provisions of this act or
from the ownership and operation of any waterworks system,
wastewater system, sewer system, solid waste disposal system,
or non-hazardous liquid waste system, or any combination of 111'
F such systems. Additionally. such obligations may be payable
from and secured by liens on and pledges of all or any part of
any of the revenues, income, or receipts derived by the
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district from its ownership, operation, lease, or sale of any
such property, buildings, structures, or facilities, including
the proceeds or :avenues from contracts with any person, firm,
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corporation, city, public agency, or other political
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subdivision or entity. Such obligations may be issued to
` mature serially or otherwise within not to exceed 10 years from
their date, and provision may be made for the subsequent
issuance at additional parity obligations, or subordinate lien ~
I ~ obligations, under any terms or conditions that may be set
forth in the resolution authorizing the issuance of the
I obligations. Such obligations are and shall constitute
negotiable instruments within the meaning and for all purposes
of the 'texas Uniform Commercial Code, provided that the
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~ obligations shall be executed, and may be made redeemable prior
to maturity, and may be issued in such form, denominations, and
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manner, and under such terms, conditions, and details, and may
be sold in such manner, at such price, and under such terms,
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and said obligations shall De+r interest at such rates, all as
11 shall be determined and provided in the resolution authorizing
the issuance of the obligations. If so provided in the
authorizing resolution, the proceeds from the sale of the
obligations may be used for paying interest an the obligations
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r ?acing .h.-e period )f the acquisition or construction of any
C facilities to be provided through the issuance of the
I obligations, for paying expenses of operation and maintenance
of facilities, for creating a reserve fund for the payment of
the principal of and interest on the obligations, and for
creating any other funds, and such proceeds .sy be placed on
h time deposit or invested, until needed, all to the extent and
in the manner provided in the authorizing resolution. The
district may pledge all or any part of its revenues, income, or
receipts from fees, rentals, rates, charges, and contract
proceeds or payments to the payment of the obligations,
including the payment of principal, interest, and any other
` amounts required or permitted in connection with the
obligations. The pledged fees, rentals, rates, charges,
proceeds or payments shall be fixed and collected in amounts
that will be at least sufficient, together with any other
pledged resources. to provide for the payment of expenses in
f connection with the obligations, and operation, maintenance,
and other expenses in connection with the aforesaid
facilities. Said obligations may be additionally secured by
mortgages or deeds of trust on any real property owned or to be
acquired by the district, and by chattel mortgagee or liens on
any personal property appurtenant to such real property) and
the board may authorize the execution of trust indentures,
mortgages, deeds of trust, or other Corms of encumbrances to
evidence some. Also, the district may pledge to the payment of
the obligations all or any part of any grant, donation,
revenues, or income received or to be received from the United
States government or any other public or private source,
whether pursuant to an agreement or otherwise. All bonds,
within the meaning of Article 717k-S, Vernon's Texas Civil
j I Statutes, am amended, issued pursuant to this act, and the
appropriate proceedings authorising their issuance shall be
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siti%ttted to the Attorney General of the State of Texas for
examination, It said bonds recite that they are secured by a
pledge of revenues of any contract, a copy of such contract and
the proceedings relating thereto shall be submitted to the
attorney general, If he finds that such bonds have been
authorized and any such contract has been made in accordance
with law, he shall approve the bonds and any such contract, and
thereupon the bonds shall be registered by the Comptroller of
Public Accounts of the State of Texas., and after such approval
and registration, such bonds and any such contract shall be
incontestable in any court or other forum for any reason, and
i shall be valid and binding obligations in accordance with their
j terms for all purposes. The issuance of obligations by the
district shall be in accordance with the provisions of Article
717q and Article 717k-6, Vernon's Annotated Texas Civil
Statutes, as amended, is applicable.
(b) The district is authorized to enter into any
contracts with the United States of America, its agencies, any
municipality, or other party, public, private, or non-profit,
Considered necessary in the exercise of the powers and purposes
of the district, The district is also authorized to enter into
contracts for the acquisition, purchase, rental or leasing or
operation of the water production, water supply, water
filtration or purification, water supply facilities, or other
j water or wastewater facilities which are owned or operated by
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such contracting party. The district ii authorized to acquire
water appropriation permits and other necessary permits
directly from the appropriate agency of the state or from
owna,rs of permits. Contracts requiring a payment of money by
the district may be made payable from any source of funds,
I general or specific, as may be determined by the board,
SECTION 10, Contracts by Municipalities. Any and all
municipalities, public agencies, political subdivisions, and
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any nos-grotit water supply corporation doing business wholly
or partially within the district, and all subdistricts are
expressly authorited to enter into any contracts with the
district that are deemed appropriate by the respective
governing bodies thereof. Such governing bodies are authorized
to pledge to the payment of any such contracts any source of 1
revenues that may be available to the governing body, including
the levy and collection of ad valorem taxes, it such
municipality or subdistrict has the power to levy and collect
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such taxes, subject only to the elections, if any, that are
required by applicable law, to be held prior to the levy of ad
valorem times. To the extent a governing body pledges funds to
the payment of any such contract that are to be derived from
its own water system or its wastewater system or its combined
system, such payments shall constitute an operating expense of 1
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such system.
SECTION 11, Depository. The board, by order or
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resolution, shall designate one or mote bankc inside or outside ~
the district to serve as depository for the funds of the '
district, Except as herein provided, all funds of the district
shall be deposited in the depository bank or banks. The funds
of the disttlct may be invested as provided in the laws of the
State of Texas for the investment of county funds and may be I
invested in accordance with the provisions of the Public Funds
Investment Act of 1957, as the some may be amended from time to
time, The funds of the district shall be secured in the manner
provided by the laws of the State of Texas for public funds.
SECTION 12. Aeauiatory Power of Municipalities. This
1. act does not exempt the district or any subdistrict or any land
situated within the district from the terms and provisions of
any applicable ordinances, codes, resolutions, platting and
toning requirements, rules or regulations of any municipality.
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PART II
SUBDISTRICTS WITHIN AUTHORITY
SECTION 13. Creation of Subdistricts.
la) To provide for the orderly development of water,
wastewater, and other services of the district within its
boundaries and to prevent unnecessary duplication of
facilities, the district is authorized to create subdistricts,
A petition requesting the creation of subdistricts within the
district may be presented to the board of the district. Any
such petition must be signed by at least twenty-five (25)
persons who own property within the boundaries of the proposed
subdistrict, or such petition may be submitted by the governing
body of a municipality when accompanied by a resolution or
ordinance of such governing body authorizing the submission of
such petition. Any such petition shall specify, at a minimum,
a metes and bounds description of the boundaries of the
proposed subdistrict, the general nature of the improvements to
be acquired, constructed or otherwise implemented within. the
subdistrict, the necessity and feasibility of such
improvements, and the proposed method for funding such
improvements. The petition shall state on its face whether the
power to levy and collect ad valorem taxes within and solely
within the subdistrict is requested. If a subdistrict is
proposed within the corporate limits or extraterritorial
jurisdiction of a municipality, the petition requesting the
creation of the subdistrict shall be accompanied by an official
action of the governing body of the municipality in whose
jurisdiction the subdistrict is proposed approving the creation
of such subdistrict. Should the governing body of th•
' municipality in whose jurisdiction the subdistrict is proposed
object to the creation of much subdistrict, then the
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subdistrict shall not be created within the incorporated limits
or the extraterritorial jurisdiction of that municipality.
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kb) The board shall set a date for a hearing on such
petition not less than thirty (30) nor more than ninety (90)
days after the day the petition is presented to the district.
Notice of such hearing shall be given to each municipality
within whose boundaries or e:trateLritorial jurisdiction the
proposed subdistrict would be located. A copy of the notice of
the hearing shall also be posted in three (3) public places
located within the proposed subdistrict and at the county
courthouse at least fourteen (la) days prior to the date set
for the hearing. Notice of the hearing shall also be published 1
at least one (l) time in a newspaper of general circulation
published in the county at least ten (10) days prior to the
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date of tho hearing,
(c) Any interested person may a
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the purpose of supporting or opposing the creation of the
subdistrict in accordance with the petition. The hearing shall
be conducted in accordance with the procedures established by
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the board.
j (d) Attar the public hearing, the board shall enter an
order making its findings in the official records of the
district, It the board deems the creation of a subdistrict to
l be fusible and practical and finds that the creation of the
proposed subdistrict will be beneficial to the public, will
benefit the residents of and the lend included in the proposed
subdistrict and will contribute to the orderly growth and
development of the regional water and wastewater systems within
the district, then the board shall enter an order granting the
petition and ordering the creation of the subdistrict in
accordance with subsection (e) of this section. The board
shall include its findings in the order which shall be filed in
r li the official records of the district, The order shall define
the boundaries of the subdistrict, but it does not have to
include all of the land described in the petition if the board
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is its )ndgae%t determines that a modification or change in the
subdistrict is necessary or beneficial to the public, if the
board finds to the contrary, it shall enter an order dismissing
the petition and the proposed subdistrict shall not be created,
but a dismissal order shall be without prejudice to the ability
to petition for the creation of a subdistrict covering the same
territory at a later time.
(e) it the board orders the creation of a subdistrict
for which the power to levy and collect ad valorem taxes was
not requested in the petition, the subdistrict shall be created
and in existence from and after the date stated in the order of
the district, without the necessity of a confirmation election
within the boundaries of the subdistrict and any such
• subdistrict shall not have the power to levy or collect ad
valorem taxes. If the board enters an order granting a
petition that seeks the power to levy and collect ad valorem
taxes within the subdistrict, then the subdistrict shall not be
created until and unless a confirmation election is called,
conducted and hold by the district within the proposed
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! boundaries of the subdistrict and a majority of the qualified
voters voting thereat confirm the creation of the subdistrict
in accordance with the provisions of subsection (L) of this
section. It the subdistrict is confirmed at such election,
then the subdistrict shall have the power to levy and collect
ad valorem taxes for the maintenance and operation of the
subdistrict and for the payment of contracts of the districts
provided that no such taxes shall be levied and collected until
and unless previously voted at elections held in accordance
with subsection (f).
(L) A confirmation election, Then required by this
section, and any election to authorise the levy and collection
of ad valorem taxes within a subdistrict for maintenance
{ purposes shall be conducted in the manner required by Chapter
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54. Zexas Water Code, for the levy and collection of
maintenance taxes by municipal utility districts. Elections to
levy taxes in support of contracts shall be held in the manner
and with the effect provided by Chapter 54, Texas Water Code,
for the issuance of bonds by municipal utility districts. The
conflrmatien election required by this subsecti,,n, a
maintenance tax election and an election authorising the levy
of taxes to support bonds or contracts of the subdistrict may
be combined into a single election, and any or all of such
elections may be held on any day or date selected by the
board. Each such election shall be called, convened and held
by the board in accordance with the Texas Election Code and
Chapter 54, Texas Water Code.
(g) A subdistrict, if created in accordance with this
section, shall be a conservation and reclamation district under
Article XVI, Section 59 of the Texas Constitution with the
limited powers granted in this section. The subdistrict
constitutes a political subdivision and a corporate body and
politic under the laws of this state. A subdistrict shall have
the powers specified herein and shall have the same powers as
the district, but subject to the same limitations, and provided
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that a subdistrict shall not be authorised to provide services
outside its boundaries, except that it may provide retail water
and sewer services within its customer service area as
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certificated by any applicable regulatory agency of the State
of Texas. '
(h) if a subdistrict is crested as specified above, the
subdistrict shall be governed by a board of supervisors
consisting of at least five (5) supervisors, The initial board
of supervisors shall be appointed by the district from among
'i the residents of the subdistrict. The district shall make such
I` appointments for term„ specified in the order creating the
subdistrict but not exceeding four (4) years from the date of
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appoinUnen:. Swch Initial supervisors are subject to removal,
with or without cause, by action of the district. All
vacancies shall be filled by the district, After the initial
appointment of the board of supervisors and prior to the I
issuance of any bonds, notes, or other obligations of the 1
subdistrict, members of the board of supervisors shall be
elected in the manner provided by the laws of the State of
Texas applicable to municipal utility districts. Notice and
the conducting of such election shall be in accordance with
such laws.
(i) The subdistrict shall have all the powers provided
elsewhere in this act and shall have ownership of and general
management powers over the affairs, works and projects of the
subdistrict subject to the provisions of any contracts with the
district. However, the issuance of bonds by the subdistrict
shall not be effective until such issuance is approved by
official action of the district.
(j) In those subdistricts having the power to levy and
collect ad valorem taxes, the tax rates shall be established by 4
the board of supervisors on the basis of annual budgets ~
established at the same time and in the some manner as for
counties, and toles shall be levied by the board of supervisors.
(k) The members of the board of supervisors shall
3 receive no compensation for serving to a supervisor but may be
reimbursed for actual expenses incurred on behalf of the
subdistrict or in the discharge of their official duties.
(1) Subdistricts created in accordance with this act may
only become participating members of the district.
SECTION 11, Conversion of Water-Supply Corporation to
Subdistticts. (a) upon the adoption of a resolution by the
board of directors of any non-profit water supply Corporation
doing business wholly or partially within the boundaries of the
district and requesting such action, the board may consider the
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question of converting such non-profit water supply corporation
to a sutdistrict by following the same procedures otherwise
required by section 13 of this act and subsection (b) below.
(b) The resolution of the board of directors required
above shall include, in addition to the information specified
In section 13(6) for petitions to be filed with the board of
the district, a plan of conversion, including, among others,
the proposed method for the transfer of assets and the
assumption of debts to the subdistrict. 1
(c) If determined to be appropriate by the board, the
district, at the request of the board of directors of such
j non-profit water supply corporation, may establish s board of
supervisors in greater number than specified herein for other
such subdistricts.
(d) Notwithstanding any provision of this act to the
contrary, any water supply corporation that was a member of the
Denton County Steering Committee in connection with the Denton
County Hater and wastewater Study Regional Master Plan for 2010
I may become either a contract member or a participating member
in accordance with the provisions of this act. The
SECTION 35. Meetings ?f ~oacd of Supa[vl r
board of supervisors of a subdistrict shell hold regular,
special or emergency meetings at those times and on those dates
the board determines.
\ SECTION 16. Subdistrict Officer Merino plan . The
board of supervisors of each subdistrict shall designate a
place within the subdistrict as the regular office and meeting
place, except that the regular meeting place may be at the
regular meeting place of the district if approved by order of
the district.
SECTION 17, Collecticn of Taxes Within Subdistriqil•
(a) The county tax assessor-collector of the county
shall maintain the tai rolls and collect taxes for any
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suodistrict located in the unincorporated area of the county
and having taxing power in the same manner as for taxes for the
county. The tax assessor-collector for the other subdistricts
shall be as selected and shall perform the duties determined by
the board of supervisors.
(b) Relmburse^ent of the costs of the tax assessor-
collector for such services shall be paid by the subdistrict.
(c) Taxes and other revenues collected within a
subdistrict shall be used solely for purposes within the
subdistrict, except that the costs of administration of the
affairs of a subdistrict may be paid to the district in
j accordance with contracts between the district and the
subdistricts. All taxes and revenues of a subdistrict as
collected shall be deposited as public funds into accounts of
the subdistrict approved by the district. All accounts of a
subdistrict may be audited by the district. All such funds may
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be deposited or invested as permitted for public funds.
PART III
MISCELLANEOUS
SECTION 18. Creation Expenses. The district is
authorized to pay alL costs and expenses incurred in the
creation and organization of the district, including but not
limited to the reimbursement of costs and expenses incurred by
the Denton County Steering Committee in the preparation of the
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Denton County Water and Wastewater Study Regional Master Plan
for 2010, and the Upper Trinity k2!IL cipal Water► Authority,
Inc., in the development and implementation of such study. The
district is authorized to succeed to and assume the rights,
privileges, duties and responsibilities, including contractual
obligations, incurred by the Upper Trinity AMunleipal Water
A Authority, Inc., a nonprotit corporation created to serve on in
interim basis pending the creation of the district.
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SECTIS" 19. Tax Exemption. The accomplishment of the
purposes stated in this act being for the benefit of the people
of the state and for the improvement for their properties and
industries, the district and the subdistricts in carrying out
the purposes of this act will be performing an essential public
function under the Constitution and shall not be required to
pay any tax or assessment on any property or project awned,
operated, leased, or controlled by the district or any part
f thereof, and the bonds or other obligations issued hereunder
and their transfer and the income therefrom, including the
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1 profits made on the sale thereof, shall at all times be free
f from taxation within the state.
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+ SECTION 20. Severability. If any provision of this
act or its application to any person or circumstance is held 1
invalid, the invalidity does not affect other provision or
f` application of this act that can be given effect without the
invalid provision or application, and to this and the ,
provisions of this act are declared to be severable. The terms
and provisions of this act are to be construed liberally to
effectuate the purposes, powers, rights, functions, and
authorities herein set furth.
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SECTION 21. Notice. The legislature specifically
finds and declares that the requirements of Article XVI,
Section 59(d) and Section 59(e) of the Texas Constitution, to
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the extent applicable, have been met and accomplished in due
course, time and order and that all notice required to be given
relating to this act has been given, that all approvals
required to be obtained pursuant thereto have been obtained,
and that the legislature has the authority and power to enact
this act.
SECTION 22. Emer enc . The importance of this
legislation and the crowded condition of the calerdar. in both
houses create an emergency and an imperative public necessity
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that the constitutional rule requiring bills to be read on
three several days in each house be suspended, and this rule is
hereby suspended, and that this act take effect and be in force
from and after its passage, and it is so enacted.
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LAW OFFICES
MCCALL, PARKHURST 6 HORTON
MOON H MCCALL ?IF NORTH HARWOOD JOHN 0 MCCALL
►.VL { NORTON n1u•4{tI
►CTLR y TART NINTH FLOOR
■ICNANO C ►OPTER MILLAAD .CAIRN UR{!
IpJf
O OHAIILE{RO{O[H DALLAS, TEXAS 78101.65P37 11,04
TwOHAO 1. ►O RHA MAT• Cult NC! L CPOW[
KENNETH It ILTE thPHO.I •4110-loco 403 low
M .AOL MA RTIM Tµ ICD.[A L . \L10f]\ -y
JO w r. W IA NILR JP 1{{O ONE AMto'CAN CENTER
.LAN H. UINOR
JOHN W RVOOTICH AL7TI N, TIME 1{l cJ l]A
THOMAS K SPJROLON December 28, 1980 TN V.O.[ ■N tlo-J O0\
L t 64 920u RA. Iu .oo ONE RIVlRWALK PLACE
w AROLO T Iu NAOAN SAN ANTONIO TCUS iooC6,]60]
OANNI S CVLVtR Th P.O.I H! po1100
ALIPLO D J0-%S0"
•VCa"t0 i. NO. IDA. 041. _ 1~ t 1
Mr. R. E. Nelson
Executive Director, Dept. of Utilities flEC 3
City of Denton
Municipal Building Vf cf "0,014
Denton, TX 76201 CITY M!'4AI;'L{S GFFlC
Re: Upper Trinity Regional Water District
Dear Bob:
j ~
On December 23, 1988, i read your letter of December 22,
1988, concerning the proposed captioned District. Due to the
Christmas holidays and the fact that I have planned a trip over
the New Year holidays, a quick review of the November 18, 1988, r
draft of the proposed legislation and the questions posed by
Jane Hopkins is all I have been able to manage to date. This
letter contains my initial comments, and if further study or I
analysis is required, I will be glad to resume the study later j
next week.
with reference to the technical legality and validity of I
the proposed legislation, there might be a problem with the
boundaries of the proposed District insofar as territory
outside Denton County is concerned. There is a legislative
finding of benefits with respect to all territory within the
District, which includes the entire county. However, the
boundaries of the District also can include territory outside
the County if it is part of an incorporated entity located
partially in the County. Such entities are not named and i
cannot be known at this time. Thus a finding of benefits to
unknown areas seems to be questionable. In somewhat similar
instances we have provided for hearings on benefits with
j respect to the inclusion of undefined areas.
It is noted that Section 8(c) of the proposed Act author-
izes the District to condemn any property within or without its
boundaries, excepting only property owned by "the county, any
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EXHIBIL2'
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municipality or any agency or instrumentality thereof", and any
"waterworks system or a wastewater system that is owned by any
municipality, or by private parties, or by any non profit
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property orporation". Many other types of political subdivisions own
language, which and it would is likely subject
that such entities condemnation might under object.
Also, Section 8(e) gives the District broad extraterritorial
powers which could put it in conflict with other political
subdivisions outside its service area.
Another technical point is that Section 9(a) requires all
"bonds" as defined in Article 717k-8 to be approved by the
Attorney General and registered by the Comptroller of Public
Accounts. The Article 717k-8 definition of "bonds" includes
short term obligations such as commercial paper and other
obligations that may be issued pursuant to Vernon's Article
717q. This would result in a conflict with the use of Article
717q under circumstances where approval and registration of
obligations is not practicable.
Part II of the proposed Act authorizes the Board of
Directors of the District to create subdistricts. In effect
this authorizes the creation of the substantial equivalents of
municipal utility districts, basically in accordance with the
procedures in existing general laws, except that the Board of '
Directors acts in the place of the Texas Water Commission.
Whether or not the Texas Water Commission would oppose such
procedure remains to be seen. In the past it has been extreme- I
ly jealous of its powers.
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The foregoing comments relate only to a few technicalities +I
which could be taken care of easily, and to the possible
opposition to certain provisions by parties outside the Denton
County area. Whether or not the City of Denton should support,
oppose, or ignore the proposed legislation is another matter
altogether. Obviously, this decision should be based on the
city Council's determination of what is best for the City.
Frankly, I an not familiar with the problems, if any, that the
- proposed legislation would solve for the City. I assume that
the City staff as well as the Council members have assessed
this matter thoroughly, and will make a decision based on
practical as well as political grounds.
However, since my firm and I have acted as bond counsel
for almost all of the major regional water supply systems,
s regional wastewater treatment systems, and solid waste dispaial
systems in the State of Texas, I do feel qualified to make a
few observations concerning regional operations.
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Insofar as a City is concerned, the first question must be
"what is the problem to be solved"? The second is "can a
regional entity solve the problem better than the City by
itself"? The third is "what control will the City have over
the operation if it joins a regional system"? It is obvious
that a number of very successful regional systems of various
kinds presently are functioning. You are aware that the
Trinity River Authority operates several separate and unrelated
multi-city regional wastewater systems serving various cities
in Tarrant, Dallas, Ellis, and Denton Counties, including such
Cities as Fort Worth, Dallas, and about 20 other cities,
including Carrollton, at its Central Regional Wastewater
Treatment Plant. The TRA also is in the process of construct-
ing its Denton Creek Regional Wastewater System to serve parts
of Fort Worth, Roanoke, Haslet, Southlake, and the Lake Turner
Municipal Utility District No. 1 in Tarrant and Denton Coun-
ties. If the City of Denton has a wastewater disposal problem
that it cannot solve by itself, it may be that a regional
agency could help. However, the proposed District would not
be the only solution. The TRA certainly has the experience,
staff, and legal power to help in any practical way. The same
is true with respect to solid waste disposal facilities.
If the City of Denton's problem is obtaining an additional
future water supply, a different situation exists. With the
advent of Lake Ray Roberts I had been under the impression that
the City's foreseeable needs would be met. If this is not
true, then the situation becomes much more complex and serious.
Additional reservoir sites will be difficult to find and
competition for water will become much greater in the future.
Of course, we know that multi-city regional systems can help in
some, but not all, instances. We see the Dallas Area Rapid
Transit System (DART) as an example of a regional entity which
doesn't seem to be working, and perhaps is disintegrating, in
large part, I believe, because its Board of Directors is too
large, and the interests of its constituent cities are too
diverse, with the result that cohesive and practical plans and
projects have not been forthcoming, even with the expenditure
of enormous amounts of money. on the other hand, the North
Texas Municipal Water District and the Tarrant County Water
Control and Improvement District Number One operate regional
water supply systems very successfully in this general area,
j and a number of other similar operations around the State are
quite successful. It must be emphasized, however, that in each
of these operations, the question of control of the Board of
Directors has been a major stumbling block. The principal
problems with respect to multi-city regional systems with
member cities have been in connection with membership on the
Board of Directors and the resulting control. Large city vs.
small city has been the most serious problem. The actual
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rights of the parties to regional systems are determined by the
applicable statutes and also the specific contracts between
each city and its regional district. However, it is obvious
that nothing can be done without the approval of a majority of J
the Board of Directors of the regional district, and the
control of such Board becomes vitally important to each member
city.
As to the proposed District, it should be emphasized that
the City of Denton is nowhere required to become a "contracting
member" or a "participating member". In other words, the City
could elect not to have anything to do with the District if it
is created. However, if it does, within two years, choose to
become a "contracting member" it will be entitled to appoint
only one member to the Board of Directors. Even if the City
becomes a "participating member", it would have only one Direc-
tor. we do not know how many members there would be on the
Board, but presumably it would be a fairly large number. In
any event the City would have no actual control over the
planning or implementation of projects, or the expenses in-
curred in connection therewith. There can be no "participating
member" until the District actually has a project to partici-
pate in. It is left up to the Board of Directors to write
by-laws and rules relating to "weighted votes" for "participat-
ing members", but these could be changed, and again the City
could not have any real control of where the District was
going, or whether the city's interests would be served. To
become a "contracting member" the City would havo to agree to 1
pay a pro rata share of the cost of administering the District,
but the term "pro rata" is not defined and presumably would be
determined by the Board of Directors.
in conclusion, the City must determine whether or not it
needs a regional system of any kind, and whether it needs it
now or at a later date when the City's future needs are better
analyzed and known. If the City's needs are known in this
respect it can be determined in a rational .manner whether or
not the proposed District would be the best solution, whether
or not existing laws are adequate, or whether or not new
legislation designed to fit the city's exact needs is neces-
sary. 1
Please advise me how to proceed.
d sincerely yours,
Paul B. Horton
cc: Lloyd V. Harrell
City Manager
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December 13, 198a
CITY COUNCIL WORK SESSION
TO: bIAYOR AND MEh1BE:dS Or THE CITY COUNCU_
FROM- Lloyd V. Harrell, City Manager
4
RE: Upper Trinity Regional Water District
41 RECOMMENDATION:
r No action is requested at this time. Exhibit II is a Resolution that has
been circulated to all of the Denton County Water Committee member
' cities for support of the proposed legislation. This item will be
submitted to the City Council at their December 20th meeting for action.
SUMMARY/BACKGROUND:
` For the past two and one-half years, the City of Denton has been
I f working with the Denton County Water Steering Committee in an effort
to address the present and long term water and wastewater needs of the
various cities and water systems in the Denton County Area. This effort
resulted in a comprehensive water study and a recommendation that a
regional water agency Is needed to provide raw water, treated water and
wastewater treatment services for many of the cities in the area.
it
The City of Denton and Lewisville subsequently created the non-profit
Upper Trinity Municipal Water Authorlty, and the Denton County Yrater
Steering Committee charged it with beginning to implement some of the
study's recommendations Including development of legislation that would
create a regional water district. The draft legislation has been
developed (see Exhibit i) and the 31 member Denton County Steering
! Committee has approved the draft legislation and authorized it to be
submitted to the Texas legislature. The Steering Committee also
i recommended that the name of the entity be changed to the 'Upper
Trinity Regional Water District". This name helps emphasize the
"regional" nature of the entity and avoids confusion with other "river
authorities" in North Texas.
6225U:1
EXHIBIT,41?
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' This Act wizi create a conservation and reclamation district under the
terms of Article XVI, Section 59 of the Texas Constitution, that will be
able to help secure long term raw water supplies, build and operate
water plants, water transmission lines, wastewater plants, wastewater
trunk lines, lift stations, landfills, solid waste bulk collection systems,
non-hazardous wastes (such as grease trap oils, etc.), and storm water
control systems.
Membership in the entity will be voluntary and established via contract.
The entity will have no taxing powers. Everyone who becomes a member
has a seat on the Board of Directors. Board members would be appointed
by the respective City Councils, but would not be members of the City
Council. Board members' terms are four years. In order to maintain e
transition continuity, the Board members that the City of Denton and
Lewisville appointed to the board of the existing Upper Trinity Municipal
Plater Authority, Inc., would continue for two years on the Board of the
new entity.
{ Actions of the Board would be by a majority of the members present,
except where a weighted vote is required, such as for initiating a capital
j project, wherein a majority of the weighted vote Board member will be
required.
There would be two types of members, a "Participant Member" and a
"Contract Member". Contract Members are cities (or other retail
utilities, such as water districts), that contract with the entity, within
two years of It's formation, that then preserves the right to become a
"Participant Member" anytime within the next ten years. A Contract
Member would agree to pay pro rate costs associated with the continued
regional water/ wastewater planning activities. "Participating Members"
are cities (or other entitles), that contract for specific
water/wastewater, or other services. The fees for these services would
i be based on actual debt service and 06M costs and be allocated on a
"postage stamp bests', i.e., everybody pays the some average cost,
Page 2
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but would be divided according to the region, i.e., North and Northwest
Denton County, South and Southwest Denton County, and East Denton
County.
The entity will have the normal powers of a utility, except it will not
serve retail utility service, and will not have powers of eminent domain
over facilities of retail utilities, or property of the counties or cities.
The entity may issue revenue bonds pledged by the revenues of the sale
of wholesale water and wastewater services or other authorized services,
which are backed by contracts with a participating member. Bond terms 1
are limited to 49 years.
Recognizing that the main beneficiary of this entity in the early years
may be some of the rural areas and smaller communities in the County,
the legislation allows the creation of sub-districts that could be formed I
` in those areas and communities for the purpose of financing, installing, ,
and operating the water distribution and wastewater collection systems.
Such sub-districts would require a confirmation election by the people of
the proposed sub-district if an ad valorem tax is proposed to help finance
k the sub-district infrastructure. The sub-district would have a board of
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supervisors that would manage the affairs of the sub-districts.
The role I envision Denton playing, is one as a "Contract" member
initially, and perhaps as a "Participant" member later. This entity will
help many of the smaller communities get a wholesale water supply and
wastewater service, thereby, rellevirg Denton of a regional
responsibility to provide this service. In the future, Denton may went to
become a "Participant", and have the entity assist in securing future raw
water supplies. With the assistance of a large number of communities in
the region, Denton will be able to share in a greater bargaining power for
water rights, reservoir
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construction, and other water supply issues. Also, a regionel entity will
help in deveioping wastewater collection and treatment systems that will
help keep our lakes and streams environmentally safe.
Initially, there is a possibility that this entity would participate with
Denton on our Ray Roberts Water Treatment Plant, which could
substantially reduce our costs because of the economies of scale that
could be realized by constructing a 16-20 mgd plant vs the planned i0
mgd plant.
The PUB raised several good issues at their 11/16/68 meeting and these
issues were addressed at their 11/23/88 meeting. The following is the
response to the PUB's 1111618E concerns:
The Public Utilities Board asked for an analysis of the advantages and
disadvantages to the City of Denton of an agency such as the Upper
Trinity Regional Water District. In addition, the Board asked that
specific concerns with the proposed legislation drafted to implement this
authority be provided.
l Advantages to the City of Denton
1. Would provide a mechanism to more easily acquire future raw water
supply for the City.
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2. Would provide a regional entity that would have greater Influence with
State and local governments In securing water rights for the region and
thus, for Denton, in the future.
3. Would promote the development of wastewater facilities In the County,
thus helping to protect our two water supply reservoirs.
4. Would make It possible for smaller communities to "buy Into" our
facilities providing an opportunity for economy of scale savings and thus,
i have a favorable effect on our utility rates.
I j 5. Would provide a vehicle to construct a waste-to-energy plant if such was
deemed desirable by the City sometime In the future.
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6. Would be another vehicle to promote regional cooperation.
7. Would help to avoid crisis type decision making which might force Denton
to provide water/wastewater services to other jurisdictions.
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g, iiould provide a vehicle to hake basin-wide drainage improvements should
such be desired by the community in the future, and to assist in addressing
stormwater quality monitoring and treatment if the Environmental
Protection Agency deems necessary in the future.
ould
9. have Would i spend spend s the amount of
the ' many small jur sdictionsllin thef County
he to dealing with
these
professioneliedrninistretive staff of the Agency.
discussions could occur with the matters. Instead, Disadvantages to the City of Denton
1. Would make it much easier for small Lawns, rural water districts, etc., to
provide more sophisticated utility service than they could provide on their
own. The result of this capacity could be much more rapid development
area
and
of the own
shift growth i omlthetC tysof Dentonlto thessmaller towns in rlural atreasPuletion
p. YJOUId create an agency which may not be politically responsive, i.e., Tax
appraisal Districts.
If the legislation allows creation of sub-districts within the City without
City approval, utility improvements could be financed with general
obligation bonds that msy cause increases in property taxes end/or higher
E utility rates, resulting in adverse public reaction for the city.
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4. Might result in policy making being dominated by small towns because of
the representation procedure.
5. Participant members may become "locked in" to the regional entity for
wholesale water and wastewater services.
The oabout items found wsthinf the oervationsi possible questions and
responses
Page l-Definitions
is a member). limits of all
B. Basic rervicc area-
and contract members (County within
participating
d. Does that mean that all of the unincorporated area of the County is
part of the District?
A. Yes. All of Denton County is within the service area of the District
y plus any Mt of a city located in another coun.y which is also in
Denton County. Service can also be provided outside of Denton
County, but any city located totally outside of Denton County
cannot be a member.
D. Contract member- "pay e pro rata share of the cost of operating the
Authority".
p. What is pro- rats? How does it relate to "equal votes for all"?
A. Pro rate costs have not been defined yet, but are
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envisioned to be costs associated with the administration and direct
costs of regional planning efforts (not costs of administration
associated with proviaing a service such as water treatment). These
costs are envisioned to be shared on an "ante-up fee" basis plus
perhaps "h¢"/customer which is similar to how we have funded the
Damon County Regional Water Study.
Voting: If a city is a "contract" member, they will have a vote on
the Board; however, on capital projects, where a "participant"
member has signed a contract for services from such capital
project, there will be a "weighted" vote. Exact details of this are
planned to be worked out in the By-Laws of the District.
Page 4-Section IVs
C. Boundaries-county wide "plus";
U. (1) Why must others have part of their boundaries within the County
to become of member of the Authority? (2) Might not others within
the drainage basin want to join the Authority, ana why should they
be prohibited from so doing?
A. (1) Cities in the County: See response in "B" above.
fE (2) The Steering Committee felt that they needed to place a
boundary on the District and a limit on the number of potential
members of the Board. If the district boundaries for membership
s were left open, the size of the Board could become very large.
j Page 4- Section Vs
"No member of the Board shell be an elected official of any governmental
entity having the authority to appoint a member of the Board".
1 Commentt
This provision helps to insure that the agency will be even less
politically responsive than one would expect from a special district.
A. The Steering Committee specifically wanted to avold the Board
becoming "political" and possibly ma'dng decisions based on factors
other than good sound economics and prudent stewardship of the
water resources and the environment of the region.
Comments
f' Everyone appoints one member to the Board.
A. This allows all members, contract or participant, to have a voice in
the decisions of the District, even at the risk of having a very large
board.
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C. The Board establishes rules for implementation of a system of
weighted votes for specific projects. What would prevent the Board
from determining that everyone would have equal votes irrespective
of the amount which they put into a particular project? In other
words, the procedure for assigning weighted votes should be spewed
out.
A. The Steering Committee decided not to tie this down by legislation
which would require an act of the legislature to change. Also, the
Steering Committee felt it would be best to leave this Issue to the
parties who will become board members. It was anticipated that no
one at the present time knows who will be the larger or smaller
participants and those roles may reverse from project to projectl
therefore, the methodology that is determined in the future would,
hopefully, be structured so that it is as equitable as possible. An
example of this concept is perhaps the City of Denton's involvement
in the Texas Municipal Power Pool. In this pool relationship, no
project or major policy is adopted unless it is unanimous. The
concept has always been that no one should be injured by their
membership in the Pool and the concept has worked very well.
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F. Board members may receive up to $50 per meeting plus expenses is
provided.
This remuneration is more than that received by council members
within the County.
Commenti
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This is similar to other districts and authorities in the State of
Texas. This is a permissive provision and it may or may not be
Implemented.
Page 12
E. Authority could provide service outside the service area (no votes
for these entitles.)
Comments
See paragraph "B" above.
Page 18- Section Xs
- Any municipality ...etc., doing business wholly or partially within the
Authority could enter into contracts for services.
o. What about customers outside of the boundaries of the Authority
and County? Could there not be such entitles?
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A. See Paragraph "B" above.
Page 7
Page 20- Part 11, Section X1111 Subdistricts:
Authority can create subdistricts; notice must be given to each
municipality in the subdistrict.
Comment:
This section has been changed to require cities' approval.
- It appears that areas within the subdistricts do not have to be
geograp`Ically connected.
Subdistricts can be authorized taxing power after a vote of the people
'h within such district.
Comment:
h
MUO's not favored by the City Council, and everyone connected d!d
not want Lakeview to be able to provide utility services with taxes
j because that would be contrary to the way that utility services are
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provided to all of the remaining taxpayers within the City.
- Local governments have no approval right in connection with the creation
of a subdistrict within their jurisdictions.
Commentr
This section has been changed to require cities' approval.
1 Page 20. Section XN:
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Existing water supply corporation can convert to a subdistrict.
0. Is this good? It might give the corporation taxing powers which they
do not have now.
A. It i$ envisioned that they cen do this only with approval of the
cities. Thl-i also allows them to become members. Otherwise, they
cannot be members due to IRS regulation relating to use of tax
exempt bonds.
Page 20. Section XIXs
- Creation expenses- authority to pay all the cost Incurred in creation of
the Authority, etc.
0. (l) Does this mean that It will pay entities beck for expenses
Incurred up to the present in creating the Authority?
(2) Since County paid a major portion of the costs, would they 1
expect to be tepeid?
A. Past Expenses: Pest expenses that have been funded by the cities
are not envisioned to be repaid, but the legislation would allow this. J
i However, some legal expenses have been Incurred, and it is
anticipated that such expenses will be paid by the District after Its j
creation.
Page 8
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` ?.lr. Hu h A er Cit Councilman and member of the Citizens Task Force
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addressed the PUB witi. the followin comments at that meeting.
I
appreciate the concerns these people have. They are the
same concerns that we had when working on these things. One
of the things we have to consider is that, in the final analysis,
community
we are all in this together. We have e
responsibility. You pay money now or you pay money later. 1
em positively convinced that this whole system is the way to
help resolve the problems all of us have with wastewater
---1 treatment, water treatment, etc. This is the most feasibly
appropriate and most economical. There may be some political
problems -there always are. But this is the most practical, the
most economical and has the best chance to meet the needs for
the future. Somewhere down the line, all of us will be affected
by what noes on in Krum and Sanger. Fifty years from now, it
will make an even bigger impact. On balance, I think this is the
best solution to these long range water plans.
f They (Lewisville) have been directly involved from day one and
are very much In favor of this agency. I am hearing an opinion
that Denton doesn't have any responsibility
to teig Just 69
but I think we do. I think the state is going to sea
Dallas has had a responsibility to take care of us and as time
goes on, we are going to have more and more responsibility for
outlying communities around Denton. In any case, we can't just
think about ourselves. We are too Interwoven among one
another."
a recommended the
At the conclusion of the PUB's l 1/23/BB meeting, the PUB
ee District and
City Council approval of the Upper Trinity Regional associated legislation but noted certain issues that the Council may went to
offer as amendments prior to legislative approval.
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These items are.
1. The recommendation that the cities' voting rights be a direct
relationship to the amount of money we are expected to provide.
2. The recommendation that the City of Denton's liability for bonds be
clarified.
3. The recommendation that board members may be City Council
members, and that each member's council have prior approval In
terms of issuance of bonds and capital expenditures.
These Issues and several of the issues raised In the PUB'S 11/16/68
meeting have been reviewed with the members of the Upper Trinity
Regional Water Authority and the Citizens Task Force. These groups
have acknowledged these concerns and have commented on these issues
or recommended that the draft legislation be emended as follows;
' 1. Voting rights and limits to financial contribution by "contract" members.
The groups, I.e., UTlv1WA Board and Citizens' Task Force, expressed a
I very strong position that for "contract" members wherein their main
participation on the Board will relate to regional water/wastewater
planning issues, that a "one-member"- "one vote" is the desired manner of
voting rights in order to maintain harmony with all members of the
region. This philosophy has served the 31 member steering committee well
and has proven that if a "plan" Is submitted that does not generally have
full support of the group, that the "plan" needs to be altered. Therefore,
they continue to support the "one-member"="one vote" voting rights.
The groups have recommended that a limit be placed on the contribution
that a contract member must pay. A figure of $1 per capita was
suggested.
2. Clariflcatlon of the Cities' liability for bonds be clarified.
The City of Denton would have no obligation for any revenue bonds issued
unless the City became a "participant member. Upon becoming a
participant member, the cities' financial obligation will be spelled out in
the contract between the City and the District. 1
3. A concern that a participant member becomes "locked into" the District
forever.
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f There was a general consensus that this Issue be clariffed'so that if a
member signs up for a service from the District, such as two million
gallon per day treated water, that this Is the limit of the member's
obligation, I.e., if when the member needs to increase their treated water
supply, they may choose to do so with an amendment to the contract for
greater volumes, or they can put In their own water plant.
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The group expressed concern on changes to the following areas:
1. bonds requiring member city approval:
The concern is that with perhaps I0-15 members, this provision would be
extremely cumbersome. The group felt that by having each member
emend its contract with the District when they needed additional service,
this provides the checks and balances on the issuance of bonds and thus,
obligations of the members.
2. Elected officials constituting the board.
The group (with the most %ocel parties being council members from some
of the communities) expressed that the board should be appointed by the
governing bodies of the members, rather then being elected at large, or
appointed by the County Commissioners or the Governor and should not be
elected officials of the members governing body.
The thoughts of the group are that with this process of board selection,
the member cities could best select persona for the board who are vitally
Interested in the environmental and water/wastewater issues of the entire
region, who have the time to dedicate to the District and who are not
encumbered by a tremendous toad of local city Issues that may cloud their
objectivity to regional water issues.
Respe fully,
LloyZdVd.2r e ll
City Manager
PREPARED/APPR ',ED 6Ys
R. L. Ne son, P.E~--
£xecutive Director of Utilities
4
Exhibit Is Proposed Legislation
Us Proposed Resolution
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MINUTES
PUBLIC UTILITIES BOARD
November 230 1988 7:00 AM Civil Defense Room
MEMBERS PRESENT:
Roland Laney, Chairman, Mark Chew, Robert LaForte,
John Thompson, Kenneth Frady, Mark Chew, Lloyd
Harrell, R. E. Nelson
STAFF PRESENT: David Ham, Ron Meyerson, Legal Department, Lloyd
McClendon, Gay Recina
OTHERS PRESENT: Jim Alexander, Denton City Council, Hugh Ayer, Denton
City Council Member representing the Citizens Task
Force on the Denton County Regional Water Study,
Terry Tate, Denton Record Chronicle
ABSENT: Ernie Tullos, (Exru;ed)
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1. CALL TO ORDER.
Chairman Laney brought the meeting to order at 7:10 AM.
2. CONS10£R LEGISLATION FOR UPPER TRINITY REGIONAL WATER
D STRICT.
A general discussion of this Item and the City Manager's and Executive
Director of Utilities' letter of November 22, 1988, follows:
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Item 07. LaForte asked if it Is necessary that Denton provide wastewater
services for the smeller surrounding cities.
Nelson explained that In the mid-1970's, Denton was designated as a
"regional wastewater treatment system" based on Denton's 1975 Facility
Plan. Denton received 75% EPA funding for a new wastewater treatment
plant. The facility plan included the cities of Corinth, Lake Dallas,
Hickory Creek, Argyle, and all of our service territory from Denton to the
Lake, north to Krum, and just this side of Sanger. Based on this history,
Denton may have some obligation to serve these entities.
By utilizing the Upper Trinity Regional Water District to contract for
wastewater treatment services for the smelter surrounding entities, It is
possible to get the smaller cities to share in future costs of wastewater
treatment plants that may be required to satisfy the government
mandates. The same holds true with any water plants that may be
required.
LaForte indicated that the real flaw with the legislation as proposed is in
the voting and decision making process. He felt there should be a
relationship between how much the City pays and how much voice It has.
EXHIBIT
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Chew Indicated he had a problem with the Board of the proposed Agency
having complete authority and Indicated he could not draw a correlation 1
between this agency and problems such as protection of water supply 1
reservoirs.
Nelson explained that the State and County do not have good control over I
package sewer plants and septic tank systems which create environmental ii
problems for local reservoirs and that this Regional Water District could
provide wastewater treatment systems that are properly built and
operated, thereby reducing this environmental threat.
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Chew indicated there are problems with getting various governments and
organizarions together on regulation of this kind.
Thompson stated that without State regulation, the quality of water is
progressively deteriorating.
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LaForte inquired if the Agency would still develop even if Denton did not
join. Nelson indicated that yes, the need existed for such a regional
system for the surrounding communities and that this Agency would
probably continue to develop.
LaForte referred the Board to Item ID, asking for an explanation of the ;
"ante-up fee".
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Nelson explained that when the initial funding of the Denton County
Water Supply Study was set up, all members joining had to "ante-up"
$1000, $2000 or $5000, depending on the city's size. There was also an
additional fee of 10¢ per capita.
LaForte again indicated that a "weighted" vote would be more acceptable
to him, plus the removal of the wording "...complete authority". Laney
agreed with this stating that the By-Laws of the proposed agency would
need to address these items.
Chew asked about the "disadvantages" as set forth In the memo, most
particularly, "..the shifting of population growth to smeller towns..",
"..creating an agency which may not be politically responsible... could
create high tax and utility retes", and 05, "...participating members may
become locked into the wholesale member for water/wastewater
services", further stating he did not went to get "locked in" to another
TMPA. He asked if there was a way out of the agreement.
Harrell explained that until Denton buys Into a project, we can drop out
anytime.
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Nelson further added that if Denton becomes a "contract" member,
Denton can drop out,, but once Denton becomes a "participating" member,
we cannot drop out, but we are not "locked into" a "full requirements"
contract, as he understands the legislation. Nelson gave examples of J
other agencies, i.e., Tarrant County Water District and the North Texas I
Municipal Water District made up of several different cities in Nottheast
Dallas County.
Thompson asked if the cities could develop water systems outside of the +
Agency's authority. 1
Nelson expressed that he understands that they could. Meyerson stated
there is nothing In the legislation that precludes Denton from operating I
Its own system.
Harrell commented that he felt we needed to think about what role the
City of Denton is going to play In providing water/ wastewater in the
future. Staff sees the role of the City of Denton as being a primary one
and for this reason, encouraged development of the proposed legislation.
Overall, major concerns of the Board aces
1. Too much authority on the Board of th:t proposed Agency.
2. Denton needs a way out in order to avoid getting locked In as it is
perceived we are with TMPA.
3. That City Council members should be able to hold a position on the
Board of the proposed Agency. i
4. The concern of sub-districts needs to be addressed.
5. The power to Issue bonds perhaps should rest with the City Councils.
Harrell stated that an amendment to the legislation now protects Denton
in-so-far as item 84 is concerned; i.e., the cities would have power over
sub-districts.
Nelson explained that the Agency will be an independent utility agency
authorized to operate as a water/wastewater wholesaler.
Hugh Ayer, City Council member, and member of the citizens task force
working on these issues, then addressed the Board.
"I appreciate the concerns these people have. They
are the same concerns that we had when working on
these things. One of the things we have to consider,
Is that in the final analysis, we are all in this
together. We have a community responsibility. You
pay
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money now, or you pay money later. I am positively
convinced that this whole regulatory system is the
way to help resolve the problems all of us have with
wastewater treatment, water treatment, etc. This
Is the most feasibly appropriate and most
economical. There may be some political problems,
there always ere. But this is the most practical, the
most economical, and has the best thence to meet
the needs for the future.
Somewhere down the line, all of us will be effected
_ by what goes on in Krurn and Sanger. Fifty years
from now, it will make an even bigger impact. On
balance, I think this Is the best solution to these
long range water plans."
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Ayer then asked that Bob Nelson describe what may develop with the
building of the new water treatment plant.
Nelson stated that Denton Is planning to build a 10 mgd water treatment
plant at Lake Ray Roberts. The cost is estimated to be $7,000,000 plus $5
I to $6,000,000 more for the pipeline, pump and storage facilities to get the
water to the Denton system.
I The City of Lewisville Is in the process of planning to build another water
plant. If Denton could Increase this 10 MGD water plant to a 20 MGD
Ii water plant, the cost Increase would be only $J million more to double the
plant capacity by sharing the costs with another entity. If the proposed
Regional Agency could become a partner in behalf of the smaller
communities for this additional 10 mgd, the citizens of Denton could see
their cost of water plant capacity being reduced because of economies of
scale. This Is the kind of thing the regional agency could do--bring
together communities to work together to solve common water and
wastewater Issues In a more cost effective manner.
Nelson further commented that he, the manager of the Agency and
representatives of Lewisville met with the manager of the City of
Commerce. Commerce had, In the pest, asked for a part of Cooper
Reservoir. Right now, Commerce no longer needs that water from
Cooper Reservoir and they are trying to find a market for it. The cost of
this water Is 6¢ to 70/1000 gallons compared to the Ray Roberts cost of
water of 40¢ to 500/1000. Denton cannot get access to that water by
Itself, but through a regional agency, Denton could get that low cost
water. These are the types of economies of scale that a regional agency
could provide.
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Long term, Denton will use the Agency for raw water supply and get the
strength that is possible from twenty communities working together for
water rights. Some day, the State Is going to have to address who has the
water rignts to wastewater effluent. Presently, this wastewater becomes
State water when it Is returned to the stream. The State then reallocates
t;iis water. Denton should be using its own wastewater resources in the
future, but it will take political clout to accomplish this goal.
Thompson stated that in twenty years Denton will be looking for a new
- source of water rights. It is necessary to begin now to get these rights.
LeFcrte asked if Lewisville has been involved in this process. Ayer
explained they have been directly Involved from the beginning and are
! very much in favor of this agency.
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Ayer further stated,
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"I am hearing an opinion that Denton doesn't have any
responsibility for our neighbors, and I think we do. I
think the State Is going to see to it. Just as Dallas has
had a responsibility to take care of us end as time goes
on, we are going to have more and more responsibility
for outlying communities around Denton. In any case,
we can't just think about ourselves. We are too
Interwoven among one another."
Nelson advised the Board that there are other ways to select the Board of
this agency:
1. With a Board elected by the public in the region.
2, The Governor appoints members to the Board.
However, the Steering Committee felt it beat that each entity should
select it'a ovan board member.
LaForte stated that the Board should pass the item on to the City
Council, pointing out two items; 1) Financial disparity to voting strength
Is Inequitable end, 2) voting relative to population is also inequitable.
Chew asked that Staff Include the Board's reservation to the City Council
about the concern about legal Issues of bonds, revenues, etc.
LaForte further asked that our City Attorney review the mnteriai.
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Thompson stated that he would desire a 12 r,)ember governing board and
the vote on Only those members that were participating in that project
projects, etc.
would vote on it.
Nelson explained that bonds will be secured only by the entity being
provided services.
Harrell suggested the board generally recommend the Item to the City
Council and reserve special amendments to the legislation before it is
passed.
Motioni
to recomm to LaF made a motion
` UppertTrinity Regional water Districrt andhasso iat Council d legislationvrelserving
j special amendments to the legislation prior to passage involvings
1. 1 he recommendation that the amount of money we are expected
contract into bears 9 direct relationship to the size of the City.
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Second by Chew, plust
2. The recommendation that the City of Uenton's liability for bonds be
1
clarified, end Thomps
that
ation
rec
mbers 3, be CityoCo ncll membe s since ire terms of is trance of bonds and
be Ctty approval.
capital expenditures, the City Ccuncli should have prior Laney coiled for a vote. All eyes, no nays, motion carried.
Meeting adjourned approximately 905 AM.
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1 JA a-TI -T
"I I 144
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CITY OF DENTON CITY COUNCIL MINUTES
DECEMBER 13, 1988
The Council convened into the Work Session at 5:30 p.m in the
Civil Defense Room.
PRESENT: Mayor Stephens: Mayor Pro Tem Hopkins) Council
Members Alexander, Ayer, Boyd, Gorton and Mr,Adams.
ABSENT: None
1. The Council held a discussion regarding legislation to
create a Regional Water and Wastewater System for Denton County.
Bob Nelson, Executive Director for Utilities, reviewed the
history of Denton's policy goals regarding requests from other
cities for water. He presented Dallas' policy and region
concerns. Nelson reviewed Denton's concept of a regional
agency's purpuse and goals. Primary goal for the agency would
be to provide raw water, treated water, wastewater, pipelines,
solid waste and storm water treatment.
Austin Adams, Chairman-Citizens Task Force, stated that a
regional agency was needed for towns not having a long range
Manning department for direction. Adams felt that the smaller
communities needed the agency without great financial
involvement and the larger communities needed to take on
responsibility for their requirements.
Tom Taylor, Interim General Manager, presented regional goals
in the area of water supply, wastewater treatment, regulatory,
environ.rsental, ground water, economy, orderly planning. He
reviewed the issues impacting these goals such as
bias/fears/politics, other regional systems, rate problems, and
uncertainty. Taylor reviewed the provisions for the System
including boundaries, membership, make-up of the Board and
voting power.
Feeling of the Council was that another work session would be
necessary in order to devote enough time for discussion of
concerns.
2. The Council received a report regarding Neighborhood
Improvement/Planning Programs and a proposed plan for Community
Oriented Policing.
t David Ellison, Assistant to the City Manager, reviewed the
project presenting potential advantages, concerns/problems, a
proposed timetable and recommendations for Denton.
Due to time constraints, the remainder of the presentation was
held for the regular session.
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City of Denton City Council Minutes
I December 13, 1988
' Page 2
3• The Council was to hold a discussion on a resolution
by the City of Denton, Texas, authorizing the City Manager to
sign and submit to the Texas Historical Commission a request
for Certified Local Government Status, in accordance with the
National Historic Preservation Act of 1966, and the amendments
to the act approved in 1980, as well as rules arid procedures
for certified local governments published by the Texas
Historical Commission.
This item was hold for consideration at the regular session.
4. The Council did not meet in Executive Session during
the Work Session.
The Council convened into the Regular Session at 7;OU p.m, in
E the Council Chambers.
PRESENT: Mayor Stephens, Mayor Pro Tem :lopkinsr Council
Members Alexander, Ayer, Boyd, Gorton and McAdams,
ABSENT; None
The Mayor presented a proclamation regarding National Drunk and
Drugged Driving Awareness Fortnight.
1. The Council considered approval of the minutes of the
Regular Meetings of November 1 and 15, 1988, the Joint meeting
of November 14, 1988, and the Work Session of November 22, 1988.
McAdmas motioned, Hopkins seconded to approve the minutes as
presented. Motion carried unanimously,
2. Public Hearings
A. The Council was to hold a public hearing on a
detailed plan in an existing Planned Development District
(PD-6). Petitioner was Pep Boys of California, Inc, The
property was located on I-35E in San Jacinto Plaza Shopping
Cencer adjacent to Wolie's Nursery. If approved, the property
may be utilized for an automobile service center and automobile
parts store. Z-88-016. (Planning and Zoning commission
recommended denia-IT.
Frank Robbins, Executive Director for Planning and Community
' Development, stated that the Planning Department had received a
written request from the petitioner requesting a postponement
of the public hearing until the January 3, 1989 City Council
meeting. As the January 3 meeting would be a work session
only, it was requested that the public hearing be postponed
until January 17, 1989. The petitioner had requested the
` postponement so as to allow them more time to work with the
neighborhood.
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City of Denton City Council Minutes
December 13, 1988
Page 3
of Alexander motiod, Hopkins seconded to postpone consideration
unanimously.
B. The Council held a public hearing and considered
adoption of an ordinance amending Planned Development-6 and
approving a detailed plan
The npr p5.7 erty acres. locatedtialong the
Siepiela Interests,
north side of wilderness Street, the east side of Timberidge
Street, and the west side of Kenwood Street. The property was
part of the Mary Austin Survey, Abstract No. 4, and the R. H.
Hopkins Survey, Abstract No. 1694, and was included in The
Woodlands of Township II Addition. If the detailed plan were
approved, the property may be developed into single family lots
` with 6,800 square feet. Z-88-021. (Planning and Zoning
Commission recommended approval).
The Mayor opened the public hearing.
s Lynn Meyer, representing Siepiela Inte:os•s, Inc., stated that
the request was for a reduction in oinsity at the site. He
reviewed the site plan indicating that lager homes would be
built on larger lots which would reduce the number of lots.
Meyer showed Council a number of slides Taken of the area
showing the type of home proposed to be built on the lots.
Robert Brown questioned drainage in the area. He lived at the with
the number of building problems sites
flooding. He cwas concerned which that had
would adversely affect drainage in the area and add to an
already difficult problem.
Meyer replied that the ultimate situation would be improved.
Ms. Billy Harkins stated that she was in favor of the petition.
No one spoke in opposition.
The Mayor closed the public hearing.
deczoning rease for the
Urban Cecile Carson, Planner,
She stated that the density Qthe past
lot size increased. A drainage channel would be built behind
lots to modify the current drainage situation. The Planning
and Zoning Commission had recommended approval of the petition
at its meeting of September 28, 1988.
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City of Denton City Council Minuses
December 13, 1988
Page 4
The following ordinance was considered:
NO, 68-191
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR 5,7
ACRES OF LAND LOCATED WITHIN PD-6, ALONG THE NORTH
SIDE OF WILDERNESS STREET THE NORTH SIDE OF
TIMBERRIDGE STREET, AND THE WEST SIDE OF KEN400D
STREET, AS MORE ?ARTICULARLY DESCRIBED HEREIN)
PROVIDING FOR A PEN%L^'Y IN THE MAXIMUM AMOUNT OF
2,000.00 FOR VIOLATIONS THEREOF) AND PROVIDING FOR AN
EFFECTIVE DATE.
V Hopkins motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams "aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer "aye," Boyd 'aye,' and Mayor Stepnens
'aye.' Motion carried unanimously.
C. The Council held a public hearing and considered
E a petition of the City of Denton requesting a variance of
Article 4.09 of the City of Denton Subdivision and Land
Development regulations on Woodrow Lane. This property was
further described as a portion of Lot 2 of the Adkisson
Addition at Woodrow Lane south of E. McKinney. Article 4.09
required the extension of a sewer line across the full width of
the development lot in accordance with the Master Sewer Plan
for the City of Denton. The Petitioner was requesting a
variance from this extension requirement. V_-47. (planning and
Zoning Commission recommended approval).
The Mayor opened the public hearing.
No one spoke in favcr.
No one spoke in opposition.
The Mayor closed the public hearing.
Elizabeth Evans, Planning Administrator, stated that this was a
request from the City of Denton for a variance of the
Subdivision Regulatf.ons at the Animal Control Center. The
j Subdivision Regulations required the extension of a sewer line
across the full frontage of the property. As there was no one {
to be served by the extension and it was not necessary for
proper development to occur, the City was requesting a
variance. The '.Tanning and Zoning Commission felt that all
three criteria hsd been met to grant the variance.
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December 13, 1988
Page 5
McAdams motioned, Alexander seconded to adopt the ordinance
based on the criteria presented by the Planning and Zoning
Commission. On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Gorton 'aye," Ayer "aye,' Boyd 'aye,' and Mayor
Stephens "aye." Motion carried unanimously.
3. The Council received a report from Gene Douglas and
Mr. and Mrs. Tillman Uland regarding the City of Denton
operating defensive driving classes in free competition with
their programs.
Gene Douglas stated that he owned one of the defensive driving
schools in the City of Denton. It had come to his attention
that one of the defensive driving schools was being operated by
the City of Denton. After the City published ads in the phone
book last summer, his business dropped off to nearly nothing.
He had to discontinue his Monday-Tuesday classes and might be
forced to discontinue his whole business, He thought that NTSU
j had to lay off one instructor and TWU had discontinued its
I classes. He felt that there were adequate private schools to
do the same job and just as cheaply and well as the City did.
He felt that socialized business was necessary in order to
provide the public with a service. This could not be compared
to operating a public school and there was a fee charged and a
profit made. He felt that the net result of the City's
j operation was to cause less service to the public elsewhere
rather than to increase the service to the community. The City
had access to free classroom space, City personnel already on
salary for other ?urposes were being used to supervise the
program, the City did not have to pay a tax. The City was
teaching outside the City of Denton such as in Decatur. He
felt that the City was using deceptive advertising with the
white pages listing in which defensive driving was listed
immediately under the Municipal Court Clerk's Office. He had
researched the idea of the school being a 'utility'. He found
that a city may not operate an enterprise unless it was a
utility. The City may operate services and if a service was a
utility, it would fall under the regulatory agency of the PUC
or Railroad Commission.
Tillman Uland referred to a report he presented to Council. He
started his own defensive driving school after the City of
Denton 's school went downhill. He stated that the City's
school originally was started to fill in a need as the City did
i not have any defensive driving courses in Denton. Now there
were enough schools to fulfill that need and the City's program
was no longer needed. He felt that there was a conflict of
interest with the City running a defensive driving school. He
felt that the City was using improper ads in the phone book as
they did not indicate that the City was running the schools.
He asked if the cost of the ads was a budget item that the
council approved. He also brought up the white pages ad with
defensive
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City of Denton City Council Minutes
December 131 1988
Page 6
driving noted under the "Municipal Court Clerk He felt that
there had been a law violated in that the City did not use its
full licensed name in the phone ads.
Mayor Stephens asked Mr. Douglas if all of the schools were the
same price.
Douglas stated that he had to reduce his price due to the
competition from the City. He felt that all of the other
schools were charging $2U, the same as the City. He stated
that the City could not do the service any cheaper or better
than any one else,
Lloyd Harrell, City Manager, stated that the city's defensive
driving school was not anything new, as the school had been in
operation for 16 years, The school was a good program and had
been recognized by the National Safety Council. All of the
expenses for the program were paid out of the fund established
by the program and was able to return to the City's General
Fund approximately $30,000 per year. That money went to
support other public safety programs such as police and fire
protection. He felt that the problem eras a philosophical
question of whether it was an appropriate function for the City
of Denton to be involved in. If the Council had a problem with
the City involvement, perhaps the best time to discuss
continuation of the program would be during the budget process
as the money raised from the program would be forfeitted and
other sources would have to be found for that lost money,
Consensus of the Council was to take this matter up during the
next budget process.
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Item 5.M. was moved ahead in the agenda order.
5, Ordinances
M. The Council considered adoption of an ordinance
directing the issuance of notice of sale of General Obligation
Bonds.
Frank Medanich, First Southwest, stated that this was an order
directing issuance of the notice of sale which needed to be
published in the local newspaper and the Bond Buyer.
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John McGrane, Executive Director for Finance, stated that this
would be for the third year of a five year program.
The following ordinance was considered:
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Page 7
NO. 88-204
AN ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE
OF GENERAL OBLIGATION BONDS.
McAdams motioned, Alexander t
On roll v~ee, Ayer seconded to adopt
Gorton •a " he ordinance,
"aye," Alexander •a e "
"aye." Motion c1 Hopkins "aye,"
aBoyd 'aye," and Mayor Stephens
Item 3, on arried Unanimously. the Work Session and Item 6,D, were combined for
consideration.
6. Resolutions
by th D. The Council considered approval of a resolution
sign and submit to the Texas Historical Commission a
for Certified Local Government Status g Y Manager to
National Historic Preservation Act of # 19660 and ttje In accordance with uthe
to the act approved in 1980, as well
for certified local as rules and amendments
Historical Commission, governments published by the procedures
Texas
Elizabeth Evans, Planning Administrator
matching grant program that was funded by stated that this was a
of Interior uthronds tugho the the
filtered the f
Historiocalcalth Commisslonartment
ceTretxiasfied l
the state of Texas. This resolution would allow the cit hick
status but not government cities in
apply for
is
` was needed before for funds at this time. The stYatus
application could be made for the funds
Mike Cochran, Chairman-Historic Landmark Commission
that this was a good program for the City and presented
advantages for the City, + stated
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The following resolution was considered:
RESOLUTION NO. R88-075
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING
THE CITY MANAGER TO SIGN AND
SUBMIT COMMISSION A REQUEST FORCERTIFIED LOCAL
1 GOVERNI•;ENT STATUS, IN ACCORDANCE WITH THE NATIONAL
I HISTORIC PRESERVATION ACT OF 1966, AND THE AMENDMENTS
j i TO THE ACT APPROVED IN 1980, AS WELL AS RULES PROCEDURES FOR CERTIFIED LOCAL GOVERNMENTS PUBLISHED
13Y THE TEXAS HISTORICAL COMMISSION! AND PROVIDING AND
EFFECTIVE DATE.
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Page 8
McAdams motioned, Alexander seconded to approve the
resolution. On roll vote, McAdams 'aye," Alexander 'aye,"
Hopkins 'aye," Gorton 'aye,' Ayer 'aye," Boyd "aye,' and hayor
Stephens 'aye.' Motion carried unanimously.
The Council returned to the regular agenda order.
4. Consent Agenda
Mayor Pro Tem Hopkins requested Item 4.A.1. be pulled for
special consideration.
McAdams motioned, Hopkins seconded to approve the Consent
Agenda with the exception of Item 4.A,1. Motion carried
unanimously.
A. Bids and Purchase Orders:
2. Bid 09914 - 30 gal, plastic refuse bags
B. Tax Refunds
1. Consider approval of a tax refund for
Charles Wilson/Michael Wilson (Account
08904-0U621)
2. Consider approval of a tax refund for
Charles Wilson/Michael Wilson. (Account
08904-00622)
C. Plats and Replats
1. Consider approval of preliminary and final
replat of Lots 1-23 to Lots 1R-16R and Lots
42-43 to Lots 42R-51R, Block At The
Woodlands of Township II, (Planning and
Zoning Commission recommended approval)
2. Consider making a recommendation on
preliminary replat of Lot 2A of the Adkisson
Addition. (Planning and Zoning Commission
h ¢ recommended approval)
Item 4.A.1. was considered.
Mayor Pro Tem Hopkins questioned wiry the low bid was not taken.
City Manager Harrell stated that the base bid was rejected
because it did not meet the specification by the City.
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City of Denton City Courcil Minutes
December 13, 1983
page 9
Mayor Stephens asked how it did not meet the specifications.
John Marshall, Purchasing Agent, stated the specifications had
requested a Lees carpet of a certain weave and weight which was
a brand that everyone had equal opportunity to obtain. The bid
from Smitty's Floor Coverinq was for a Philadelphia carpet. If
the carpet had been the surge weight, the same weave, etc., it
would have been considered but what was bid did not meet the
specifications in the weight and weave. It did have the same
type of back but not the weight and the weave. Thus the bid
was disallowed and the next low bid was taken.
McAdams motioned, Gorton seconded to approve Consent Agenda 1
Item 4.A.1. Motioned carried unanimously.
5. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services.
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The following ordinance was considered:
N0. 88-192
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE; PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES: PROVIDING FOR THE EXPENDITURE OF +
FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE.
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McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams 'aye," Alexander 'aye,' Hopkins 'aye,"
Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and mayor Stephens
•aye.' Motion carried unanimously.
B. The Council considered adoption of an ordinance
authorizing the expenditure of funds by the City of Denton for
the Power annual afee nd for membership the in the Public funds
therefore. (The Public Utilities Board recommended approval).
The following ordinance was considered:
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City of Denton C4ty council ;Minutes
December 13, 1988
Page 10
NO, 88-193
AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY
THE CITY OF DENTON FOR THE ANNUAL .SERVICE FEE FOR
MEMBERSHIP IN THE AMERICAN PUBLIC POWER ASSOCIATION
A14D APPROVING THE EX?ENDITURE OF FUNDS THEREFORE] AND
PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams •aye," Alexander 'aye,' Hopkins 'aye,"
Gorton "aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
- 1 'aye.' Motion carried unanimously.
C. The Council considered adoption of an ordinance
establishing classified positions in the Fire Department of the
City of Denton, Texas; providing for the number of persons
authorized for each classified position; and repealing all
ordinances and resolutions in conflict herewith.
M John Cook, Fire Chief, stated that Chapter 143 of the Civil
ServicE Law required that higher classification pay be paid to
employees who acted in temporary positions. Currently based on
cne number of hours that vacation, holida; i,nd compensatory
time that were generated by members of the Fire Department at
the level of Captain, three people c.•uld be promoted to the i
F II position of Captain to act when the other people were out
without having to pay higher classification pay. This would
result in an even balance in the budget but would provide
better management control.
The following ordinance was considered:
N0. 88-194
AN ORDINANCE ESTABLISHING CLASSIFIED POSITIONS IN THE
FIRE DEPARTMENT Of THE CITY OF DENTON, TEXAS)
PROVIDING FOR THE NUMBER OF PERSONS AUTHORIZED FOR
EACH CLASSIFIED POSITIONS REPEALING ALL ORDINANCES AND
RESOLUTIONS IN CONFLICT HEREWITH; AND DECLARING AN
EFFECTIVE DATE,
McAdams motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander 'aye," Hopkins 'aye,"
q Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
aye. Motion carried unanimously.
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Page 11
D. The Council considered adoption of an ordinance
authorizing and allowing under the act governing the Texas
Municipal Retirement System, 'Updated Credits' in said system
for service performed by qualifying members of such system who
presently are in the employment of the City of Denton;
providing for increased prior and current service annuities for
retirees and beneficiaries of deceased retirees of the City.
Tom Klinck, Director of Personnel, stated that the update of
the service credits had been approved with the 1988-89 budget
` and this ordinance would implement that update.
The following ordinance was considered:
NO. 88-195
II j AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT
GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM,
'UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE
` PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO
I PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY G: DENTONJ
PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE
ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED
RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE
DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander "aye," Hopkins 'aye,'
Gorton 'aye,' Ayer 'aye," Boyd "aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
E. The Council considered adoption of an ordinance
approving a contract for Flexible Benefits/Section 125
administration to Employee Resource Administration Corporation,
The following ordinance was considered:
NO. 88-196
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH EMPLOYEE RESOURCES ADMINISTRATION
CORPORATION FOR ADMINISTRATIVE SERVICES RELATIVE TO
1! THE CITY'S PROPOSED FLEXIBLE BENT-ITS PLAN1
1 AUTHORIZING THE EXPENDITURE OF FUNDS ZHEREFORi AND
{ PROVIDING AN EFFECTIVE DATE.
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December 131 1988
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Alexander motioned, McAdams seconded to adopt the ordinance.
On roll vote, McAdams 'aye,' Alexander "aye,' Hopkins 'aye,'
Gorton "aye," Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
F. The Council considered adoption of an ordinance
approving a funding agreement between the City of Denton and
Services Program for Aging Needs (SPAN) relating to Handihop
service; authorizing the Mayor to execute the agreement; and
approving the expenditure of funds therefor.
The following ordinance was considered:
- NO. 88-197
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE
CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS
(SPAN) RELATING TO HANDIHOP SERVICE; AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
l EFFECTIVE DATE.
McAdams motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams 'aye,' Alexander "aye,' Hopkins 'aye,'
Gorton 'ayr_," Ayer 'aye,' Boyd "aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
1. G. The Council considered adoption of an ordinance
approving a funding agreement between theheCity yayf Denton oexecute
the
Fred Moore Child Care Center; authorizing
the agreement; and approving the expenditure of funds therefor.
The following ordinance was considered:
NO. 88-198
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE
CITY OF DENTON AND FRED MOORE CHILD CARE CENTER;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Hopkins seconded to adopt the ordinance.
On roll vote, McAdams 'ayu,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye," Ayer 'aye,' Boyd "aye,' and Mayor Stephens
"aye." Motion carried unanimously.
H. The Council considered adoption of an ordinance
approving a funding agreement between the City of Denton and
Denton County Friends of the Family; authorizing the Mayor to
execute the agreement; and approving the expenditure of funds
therefor.
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Page 13
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Tne following ordinance was considered:
NO. 88-199
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE
CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE
FAMILYE AUTHORIZING 'iHE MAYOR i0 EXECUTE THE
AGREEMENT! APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Hopkins seconded to adopt the ordinance.
- On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,"
Gorton 'aye,' Ayer 'aye," Boyd "aye," and Mayor Stephens
'aye.' Motion carried unanimously.
1. The Council considered adoption of an ordinance
approving a funding agreement between the City of Denton and
j i Denton City-County Day Nursery; authorizing the Mayor to
execute tha agreement; and approving the expenditure of funds
therefor.
The following ordinance was considered:
j NO. 88-200
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AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE
CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERYI
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTI
APPROVING THE EXPENDITURE OF FUNDS THEREFORE AND
PROVIDING FOR AN EFFECTIVE DATE.
Ayer motioned, Alexander seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer "aye," Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
J. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and the
Denton County League of United Latin American Citizens Council {
No. 04366E authorizing the Mayor to execute an agreement
entitled 'English As A Second Language"r and approving the
expenditure of funds therefor.
The following ordinance was considered:
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City of Denton City Council :Minutes ,
December 13, 198?
Page 14
NO. 88-201
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND THE DENTON COUNTY LEAGUE OF UNITED LATIN
AMERICAN CITIZENS COUNCIL N0. 04366; AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT ENTITLED 'ENGLISH AS A
SECOND LANGUAGE", APPROVING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Ayer seconded to adopt the ordinance. On
roll vote, McAdams 'aye," Alexander 'aye,' Hopkins 'aye,"
Gorton "aye,' Ayer 'aye,' Boyd "aye,' and mayor Stephens
"aye." Motion carried unanimously.
approving X.an aThe greement Council considered dethe City of Dof an enton ordinance the
toAmerican
executeCitizens
~MayorLatin
n agreement
Denton No. 04366;~tyautLeague of hor zing United
entitled 'Educational Assistance Program'; and approving the
expenditure of funds therefor.
The following ordinance was considered:
NO. 88-202
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
i OF DENTON AND THE DENTON COUNTY LEAGUE OF UNITED LATIN
AMERICAN CITIZENS COUNCIL NO. 04366; AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT ENTITLED
PENDITUREONOF
ASSISTANCE PROGRAM NO APPROVING THE FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Ayer seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander "aye,' Hopkins "aye,'
Gorton 'aye,' Ayer "aye,' Boyd 'aye," and Mayor Stephens
"aye.' Motion carried unanimously.
L. The Council considered adoption of an ordinance
approving a funding agreement between the City of Denton and
execute s the Program AandgappNeeds; r ving atheo expenditure of Mayor
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therefor.
The following ordinance was considered:
NO. 86-203
r AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE
CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
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Page 15
M. This item was considered earlier in the agenda.
N. The Council considered adoption of an ordinance
of the City of Denton, Texas, providing for the correction of
the erroneous designation of 9.2 acres of land as a
Single-family (SF-10) zoning district as contained in Ordinance
No. 73-25 and No. 73-27, by amending those ordinances to
provide the correct designation of the 9.2 acre tract as a
Planned Development (PD) zoning district for General Retail
use; and providing for an effective date.
Cecile Carson, Urban Planner, stated that staff believed the
intent of the Council in 1973 was to zone the property at the
corner of Teasley and Teasley to be PD-Retail with the
remaining portion to be single family. The minutes were
changed to reflect the intent of the Council but the ordinance
was not changed.
TLe following ordinance was considered:
NO. 88-105
I
AN URDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR THE CORRECTION OF THE ERRONEOUS DESIGNATION OF 9.2
ACRES OF LAND AS SINGLE FAMILY (SF-10) ZONING DISTRICT
AS CONTAINED IN ORDINANCE NO. 73-25 AND NO. 73-27, BY
AMENDING THOSE ORDINANCES TO PRO7IDE FOR THE CORRECT
DESIGNATION OF THE 9.2 ACRE TRACT AS A PLANNED
DEVELOPMENT (PD) ZONING DISTRICT FOR GENERAL RETAIL
USE; AND PROVIDING FOR AN EFFECTIVE DATE.
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Ayer motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander "aye,' Hopkins "aye,"
Gorton 'aye,' Ayer "aye,' Boyd "aye," and Mayor Stephens
'aye," Motion carried unanimously.
0. The Council considered adoption of an ordinance
of the City of Denton, Texas abandoning and vacating a portion
of the public streat right-of-way located at the intersection
of Peach Street and North Locust Street, more particularly
described herein; and declaring an effective date. (Planning
and Zoning Commission recommended approval).
Elizabeth Evans, Planning Administrator, stated that the
property had been determined to be undevelopable. The adjacent
{ property owner did not want to purchase the property but would
i be willing to maintain the property.
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Page 16
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The following ordinance was considered:
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NO. 88-206
All ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING
AND VACATI14G A PORTION OF THE PUBLIC STREET
RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF PEACH
STREET AND NORTH LOCUST STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; A.ND DECLARING AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins 'aye,'
Gorton "aye," Ayer 'aye," Boyd 'nay," and Mavor Stephens
'aye.' Motion carried with a 6-1 vote.
P. The Council considered adoption of an ordinance
approving Supplemental Agreement No. 1 between the Cities of
Dallas and Denton; authorizing the Mayor to execute the
agreement; and approving the expenditure of funds therefor.
1 ; The following ordinance was considered:
N0. 88-207
AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT NO. 1
BETWEEN THE CITIES OF DALLAS AND DENTON; AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye," Hopkins "aye,'
Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
6. Resolutions
A. The Council considered approval of an resolution
adopting the boundaries of the special purpose activity center
as parO of Appendix A of the Denton Development Plan; and
providing for an effective date. (The Planning and Zoning
Commission recommended approval).
The following resolution was considered:
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December 13, 1988
Page 17
RESOLUTION NO. R88-072
A RESOLUTION ADOPTING THE BOUNDARIES OF THE SPrCIAL
PURPOSE ACTIVITY CENTER AS PART OF APPENDIX A OF THE
DENTON DEVELOPMENT PLANT AND PROVIDING FOR AN
EFFECTIVE DATE,
Alexander motioned, McAdams oeconded to approve the
resolution. On roll vote, McAdams 'aye," Alexander 'aye,"
Hopkins "aye,' Gorton 'aye,' Ayer 'aye,' Boyd "aye,' and Mayor
Stephens "aye." Motion carried unanimously.
B, The Council considered approval of a resolution
amending paragraph A.3.b, of Chapter V of the Denton
Development Plan (19881; and providing for an effective date.
Frank Robbins, Executive Director for Planning, stated that
this resolution would excluded the technical analysis and
details requirement update be approved by Council every time a
Certificate of Occupancy was issued.
The following resolution was considered:
NO. R88-073
1 A RESOLUTION AMENDING PARAGRAPH A.3.b. OF CHAPTER V OF
THE DENTON DEVELOPMENT PLAN (1988); AND PROVIDING FOR
AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to approve the resolution,
On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer "aye,' Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
C, The Council considered approval of a resolution
adopting the technical analysis and intensity calculation for
Area No. 41 as part of Appendix A of the Denton Development
Plan; and providing for an effective date.
The following resolution was considered:
RESOLUTION NO. R88-074
4 A RESOLUTION ADOPTING THE TECHNICAL ANALYSIS AND
INTENSITY CALCULATION FOR AREA NO. 41 AS PART OF
APPENDIX A OF THE DENTON DEVELOPMENT PLANS AND
PROVIDING FOR AN EFFECTIVE DATE,
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December 13, 1988
Page 18
Hopkins motions, McAdams seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer "aye,' Boyd 'aye,' and Mayor Stephens
"aye." Motion carried unanimously.
D. The Council considered of a resolution leasing
parking spaces located on the Williams Trade Square and
declaring an effective date.
The following ordinance was considered:
RESOLUTION NO. R88-076
A PESOLUTION LEASING PARKING SPACES LOCATED ON THE
WILLIAMS TRADE SQUARE AND DECLARING AN EFFECTIVE DATE.
Ayer motioned, Hopkins seconded to approve the resolution. On
roll vote, McAdams "aye,' Alexander 'aye,' Hopkins 'aye,"
Gorton 'aye," Ayer "aye," Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
7. Miscellaneous matters from the City Manager.
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Item #2 from the Work Session was continued.
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2. The Council received a report regarding Neighborhood
improvement/Planning Programs and a proposed plan for Community
Oriented Policing.
Mike Jez, Chief of Police, reviewed the highlights of the
C.O.P. program in which the residents of a neighborhood and the
Police Department would work together to improve the quality of
life in the neighborhood.
A. City Manager Harrell updated the council on the
9-1-1 situation and stated that the City Managers from
Carrollton, Lewisville and Denton had met regarding a position
that those three cities would take at the upcoming public
hearing. He asked for approval from Council on two points to
make at the public hearing on behalf of th(: City of Denton: (1)
tha 39 charge authorized by the voters as the maximum fee for
the E911 system should not be increased at this time without a
vote of the people, (2) technical expertise be offered to the
Board and Administration to evaluate the system. Staff was
asking for authority to state the position that prior to the
Hoard seeking voter authorization to increase the monthly
charge, that a thorough analysis be presented and shared with
the citizens of Denton County as the various alternatives
available to implement the E911 system. The analysis should
include an examination of the financing, equipment, and
operational alternatives for the system, The City of Denton
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stood ready to provide a staff member to assist with the
development of this information and was certain that other
jurisdictions within the County would supply technical
expertise for this assignment if requested by the 911 Board.
It was the intention to have John McGrane, Executive Director
for Finance, serve as the City's representative to work with
the 911 Board and Administration to try and develop those sets
of alternatives and look at the details in presenting to all
the governmental bodies and the citizens of Denton County what
the alternatives were.
Consensus of the Council was to have Council Member Alexander
represent the Council at the public hearing and make the above
points.
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8. There was no Executive Session held during the work
session.
9. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Mayor Pro Tem Hopkins requested a report/study
regarding a new policy on the procedure for street closings,
10. The Council convened into Executive session to discuss
legal matters (tax suit against Maverick Aircraftet. al.),
real estate (considered acquisition o an or ?ire
sites and considered acquisition of right-of-way for bridge on
c Masch Branch Road), and personnel/board appointments (held a
discussion regarding vacancies on the Airport Board, Community
Development Block Grant Committee, the Low Income Housing Task
Force and the Appendix A Committee and held a discussion on
applicants for a alternate municipal judge). No official
action was taken.
With no further business, the meeting was adjourned at 10:36
p.m.
RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
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JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON, TEXAS
3020C
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RECOMMENDATION TO CHY COUNCIL
V-47
The City Council held a public hearing on December 13, 1988 to consider the
petition of the City of Denton requesting a variance of Article 4.09 of
Appendix A of the Code of Ordinances of the City of Denton, Texas.
After consideration and discussion of the following criteria, the Council
recommended by a vote of _ 11/-0 at its meeting
on f~J~j~/ The Council based its recommendation on the I
following responses to the criteria: I
1. Uranting of the request would not violate any master plans.
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This extension does not appear on any Master plans.
2. The special or peculiar Condit?one upon which the request is based relate
to the topography, shape, or other unique physical features of the prop- ,
erty, which are not generally common to other properties.
i All adsoining properties have sewer service, so there is no physical need
to extend the sewer line.
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3. The special or peculiar conditions upon which the requer.t is based did not
result from or were not created by the owner's or any prior owner's action
or omission.
The situation is not a result of any action by the owner or any previous
owner.
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Ray S h s, M: or
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CITY OF DF.NTON CITY COUNCIL MINUTES
DECEMBER 20, 198b
The Council convened into the Joint 4ork Session with the
Library Board at 5:30 p.m. in the Civil Defense Room.
PRESENT: Mayor Stephens; Mayor Pro 'lem Hopkins; Council
Members Ayer, Boyd, Gorton and McAdams.
ABSENT: Council Member Alexander
LIBRARY Members Speck, Schaake, Pickens, Adkins and
BCARD Glasgow
PRESENT
1. The Council and the Library Board held a discussion
regarding library expansion options.
Joella Orr, Library Director, stated that the charges for the
consultant were to look at the present building in terms of
needs and also future needs and options.
Dick Waters, HBW Associates, presented a synopsis of his report
to Council. The first part of his work dealt with looking at i
the existing building and the available bond funds. His
recommendation was not to expand the existing building as the
site was difficult for expansion, usage would be further
complicated by additional expansion, the present building was
located in a site that was primarily service/government
orientated, and parking would need to be greatly expanded if
the present location were greatly expanded. Recommendation for
the present site was a modest expansion for better use of
existing space a,i the purchase of two new sites for major
branches for the community. HbW was also recommending the
purchase of a book mobile tj serve the community while the new
sites were being developed. In terms of budget, the
recommendation was to increase the materials budget over the
next 7-8 years so that it would reach 201 of the total budget.
Flture site recommendations would be a branch iii saatheast
Denton and one in north Denton. Additional recommendations
consisted of continued use of children's programs, more
programs for adults, and automation of the program which was
badly needed.
Dr. David Speck, Library Board, stated that the Board agreed
with all of the recommendations from HBW and was ready to
proceed.
f Lloyd Harrell, City Manager, stated that staff felt the
priority for the
$1 million was to proceed with the modest
renovations of the current building, purchase the two branch
sites and build as much as possible on the first building.
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December 20, 1988
Page 2
Consensus of the Council was to receive a report from the CIP
Committee before proceeding with the proposed calendar.
2. The Council convened into Executive Session to discuss
legal matters (County of Denton vs. City _of Denton, Flow
Memorial Hospital Bankruptcy, Struble v. Cites Denton,
worker's compensation claims by David Huc2ey and Jerry Tanner),
real estate and personnel and board appointments.
The Council then convened into the Regular Sesoion at 7:00 p.m.
in the Council Chambers.
PRESENT: Mayor Stephens: Mayor Pro Tern Hopkinsi Council
Members Ayer, Boyd, Gorton and McAdams.
i4 ABSENT: Council Member Alexander
1. The Council received a presentation of the Certificate
f of Achievement Award to the City of Denton for excellence in
financial reporting from the Government Finance officers
Association of the United States and Canada.
Jerry McHorter, represer:ting the Government Finance Officers
Association of Texas, presented the award to the Mayor and
Council,
2. The council received a
Corporation to SPAN. Presentation by the Southland
Clint
Donsback, lExecutive Director anofeSPAN, wtth~ a presented tPfor o$1000
for its operation.
3. Public Hearings
A. The Council held a
an ordinance amending Planned Detielopmental8nandnda considered
concept plan on 19.0704 aerea which expandedPr Planned
Development-18 to 24.4 acres. Petitioner was Safety Kleen
Corporation, ThA property was located at the southeast corner
of Cooper Creek Road and the Texas and Pacific Railroad and
+ Mingo Road. The property was currently zoned agricultural and
planned development industrial and mere fully described in the
Moreau Forrest Survey, Abstract No. 417. If approved, the
property may be used for industrial uses. Z-88-020. (The
Planning and Zoning Commission recommended approva"Tj- -
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The Mayor opened the public hearing.
Tom Jester, representing Safety Kieen, stated that the proposed
planned development was for warehouse space, locker roort space
and office space. He stated that at a previous Planning and
Zoning Commission meeting, there had been allegations of
chemical spills. He stated that there had never been any
spills at the site and no employee had ever complained about
illness from their chemicals. Any construction on the site
must not only be approved by tiie City of Denton but also by the
State,
Roy Appleton, Denton Economic Development Board, stated that
the charge of the Board was to encourage economic development
in Denton. He stated that this was a local company that had
been in Denton a long time. The company supported the
community and was a good neighbor. He recommended approval of
the request,
Joy Powell, resident of the area, spoke in opposition. She
played a portion of a tape recording of the noise in the area
which interrupted her sleep during the night. She presented
f the Council with a list of hazardous chemicals found at Safety
Kleen. She stated that she had become sick from breathing
fumes from the plant. She felt that it was not fair to the
residents in the area to have the plant there and did not want
it expanded.
Allen Lubbers, resident of the area, questioned the zoning
classification of LI (light industrial) for the area, How
could the zoning be correct if heavy trucks were going in and
out and a railroad was being used. He did not see how a light
industrial classification fit the current use for the
property. His concept of light industrial was mini-warehouses
and gas stations, not heavy trucks and a railroad.
Tom Jester was allowed a rebuttal. Mr. Jester introduced
Dennis Glenn, Facility Manager-Safety Kleen, Mr. Glenn stated
that the plant was highly regulated by the Texas Air Control
Board, the Texas Water Commission, and the Environmental
Protection Agency. Those agencies did an annual inspection and
since the facility had been there, they had never received a
violations not fined for a violation, He stated that he had
' provided Ms. Powell with the list of hazardous chemicals and
that a more complete list was on file in the City offices.
E Council Member Gorton asked if spills had to be reported to the
EPA, Texas Air Control Board, etc.
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City of Denton City council minutes
December 10, 1986
Page 4
i Glenn replied that there were definitions of what the EPA
considered spills. Since the facility was opened in 1975,
there were three incidence.3 recorded of spills on-site. They
did not go outside the facility and were reported voluntarily.
Follow-up was not made by any agency.
The Mayor closed the public; hearing.
Cecile Carson, Urban Planner, stated that th.o was an expansion
of an existing planned development approved in 1974 for a tank
area/recycling of various chemical and warehousing facilities.
In 1985 the Council considered and recommended that en
ordinance be prepared for an expansion of the site which
included additional warehouse facilities. Since that time,
Safety Kleen had been constructing the facility under the
operation of a planned development district and were requesting
an expansion for warehousing and distribution land uses on
property which was currently zoned agricultural/planned
development/light industrial. A number of staff personnel had
been involved in the review of the request because of the types
of uses concerned. Howard Martin, Municipal Lab-City of
Denton, had provided detailed information about the Safety
Kleen operation. He stated that this was one of the cleanest
operations from an industrial standpoint in the city of
Denton. The site had chemicals which were highly explosive and
i flammable being transported in and around the area. All of
that information had been supplied to Ross Litman, Emergency
Management Coordinator, who stated that there was a very
detailed evacuation plan for that area. It was also regulated
by the Texas Water Commission, the Texas Air Control Board and
the Environmental Protection Agency. The property was located
in a low intensity area which the Denton Development Plan
indicated should be predominately residential and low intensity
in nature. However, the area was 364 over intensity based on
current zoning with mixed land uses. The Planning and Zoning
Commission considered the request under the policy of economic
development which stated that the City might chive application
of intensity policies to accommodate certain industrial uses.
Based on the information provided by Safety Kleen, the site
would meet those classifications and approximately 904 of the
materials processed at the site would go outside the City
limits, one of the major criteria for that consideration,
Council Member Boyd asked if there were any indications of
r activity that would hamper ground water in the area.
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Carson replied not to her knowledge. Nothing was released into
the sewer system or into the ground water itself until it was
inspected by the city with certain items not being allowed in
the storm water system.
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City of Denton City Council Minutes
December 20, 1988
Page 5
The following ordinance was considered:
NO. 88-208
AN ORDINANCE OF THE CI'CY OF DENTON, TEXAS, PROVIDING
FOR A CHANGE FROM AGRICULTURAL (A) TO PLANNED
DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 17.1 ACRES OF LAND, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A CHANGE
FROM LIGHT INDUSTRIAL (LI) TO PLANNED DEVELOPMENT (PD)
ZONING DIST'RIC'T CLASSIFICATION AND USE DESIGNATION FOR
1.9 ACRES OF LAND? PROVIDING THAT THE 19 ACRES OF LAND
HEREIN REZONED, LOCATED AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF COOPER CREEK ROAD AND THE TEXAS AND
PACIFIC RAILROAD TRACKS, SHALL BE INCLUDED WITHIN AND
BE A PART OF PD-18, AS ESTABLISHED BY ORDINANCE NO.
74-31; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN
FOR THE 19 ACRES OF LAND HEREIN REZONED AND ADDED TO
THE DISTRICT; ACID PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Hopkins "aye," Gorton 'aye," Ayer
"aye," Boyd 'aye,' and mayor Stephens "aye.' Motion carried
unanimously.
Council Member Gorton asked that the record show that he had
voted against allowing residential property to the north of the
j Safety Kleen site.
4. Consent Agenda
McAdams motioned, Gorton seconded to approve the Consent Agenda
as indicated. Motion carried unanimously,
A. Tax Refunds
1. Considered approval of a tax refund for
Southridge Village P/S - 48907-00128.
2.' Considered approval of a tax refund for
Southridge Village P/S - 48907-00130.
5. Ordinances
A, The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City
of Denton and Bracewell 6 Patteraon and Winstead, McGuire,
Sechrest 6 Minick for legislative representation.
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City of Denton City Council Minutes
December 20, 1986
Page 6
Lloyd Harrell, City Manager, stated that this was a formal
agreement with Tom Forbes and Charles Evans to help in the
legislative session with legislative representation with the
indigent health care issue. There was a clause in the
agreement that if other cities joined the effort and those
cities caused substantially extra work, Forbes and Evans
reserved the right to renegotiate the agreement. Formal
conversations had taken place with the four other cities
affected as Denton and had a tentative agreement with two of
the cities and expected the other two to follow suit.
Council Member McAdams expressed concern about there being no
cap on expenses. Was there any idea of the total cost of the
- package?
City Manager Harrell stated that that item had been discussed
during negotiations and no reasonable estimate could be
determined.
The Council held a discussion regarding expenses and what were
reasonable expenses with a determination that along with the
monthly itemization received by the City, monthly expenses
would be included.
The following ordinance was considered:
i
NO. 88-209
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND BRACEWELL 6
PATTERSON AND WINSTEAD# MCGUIRE, SECHREST 6 MINICK FOR
LEGISLATIVE REPRESENTATION AND PROVIDING FOR AN
EFFECTIVE DATE.
Gorton motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams 'nay,' Hopkins 'aye,' Gorton 'aye,' Ayer
'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried
with a 5-1 vote.
81 The Council considered adoption of an ordinance
amending Sec. 4-10 of the Code of Ordinances of the City of
Denton relating to the required distance between certain
dwellings and the er.closed spaces in which livestock may be
keptr and providing for a penalty in the maximum amount of five
- j hundred dollars for violations therefor.
Rick Svehla, Deputy City Manager, stated that the present
ordinance read that certain animals could not be kept within
200 feet of any dwelling. The change w.~uld allow the owner of
the livestock to live closer that 200 feet if they chose to do
$o.
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City of Denton City Council Minutes
December 20, 1988
Page 7
Council Member Ayer asked why a property owner sho"ld be
allowed to live closer than 200 feet if others could not due to
sanitation and health reasons.
Council Member Boyd suggested"ot at there might be to problem
with the ordinance reading The owner could put
individual decided to rent the property.
animals closet than the hfeet to ealth, asaf tyrenter's
andrewelfare ofetother
possibly affecting
individuals. He suggested that the ordinance be changed to
"owned and occupied by said person".
Boyd notionedr Gorton seconded to adopt the ordinance with a
change to read ' owned and occupied by said person".
McAdams motioned, Gorton seconded to postpone action on the
vote FebruarMcAdy order to w Hopkins
item until the second meeting in
j payee," legal language On
Gorton "aye," Boyd "aye,' and Mayor Stephens
'aye,'
3 "aye," Motion carried unanimously.
Item S.E. was moved ahead in the agenda order.
E. The Council considered adoption of an ordinance
authorizing the publication of notice of intention to issue
Certificates of Obligation.
Frank Medanichr First Southwest, stated that this was the
beginning of a funding process for purchases and improvements.
It was the most cost effective way as opposed to a
lease-purchase arrangement.
lease/purchaseatitemshaand ha
John MejExecutive jects for
money would be for CIP pro Hall.
renovation of the heating air conditioning system for City
The following ordinance was considered:
-
NO. ee-zll
AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE
CITY OF DENTOC
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City of Denton City Council Minutes
December 20, 1988
Page 8
McAdams motioned, Boyd seconded to adopt the ordinance. On
roll vote, McAdams 'aye," Hopkins 'aye,' Gorton "aye," Ayer
'aye," Boyd "aye," and Mayor Stephens "aye.' Motion carried
unanimously.
The Council returned to the regular agenda order.
C. The Council considered adoption of an ordinance
portion tof 9Hanthe arking over vehicles on
severability clause; fand
providing a penalty not to oxceed two hundred dollars. {The
Citizens Traffic Safety Support Commission recommended
approval).
The following ordinance was considered:
N0. 88-210
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON THE NORTH SIDE OF A PORTION
OF HANOVER STREET; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED T40 HUNDRED DOLLARS;
AND DECLARING AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams 'aye," Hopkins 'aye,' Gorton "aye,' Ayer
"aye,' Boyd 'aye,' and mayor Stephens 'aye.' Motion carried
unanimously.
D. The Council considered adoption of an ordinance
Appthe endix A of the code of
establishing lot/driveways pas mlrequired by for
Ordinances.
The following ordinance was considered:
NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS,
ESTABLISHING FEES FOR THE PARKING LOT/DRIVEWAY PERMITS
REQUIRED BY APPENDIX A OF THE CODE OF ORDINANCES; AND
O PROVIDING FOR A4 EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that tnis would
incorporate the permit charge when tha Appendix A, chapter 4
was approved. The fee would be based on the number of hours
estimated spent on different sized lots.
McAdams motioned, Gorton seconded to adopt the ordinance.
Council Member McAdams stated that if the parking lot were in
fo paid
iun there would not building n or addiwhich tionalpermit
permit s fe Ce r
for the
parking lot.
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City of Denton City Council Minutes
December 200 1988
Page 9
Svehla replied that there would be a separate fee regardless if
it were a new building or an existing building constructing a
new lot.
McAdams stated that that was not the information Council had
received earlier - only lots in conjunction with a new building
would not be required to pay an additional permit fee.
Lloyd Harrell, City Manager, stated that the fee structure was
being proposed to cover the cost of the actual inspection of
the parking lot and making sure it met the new specifications
adopted by the City. Previously, that was not done. In the
_ past the inspection only involved making sure that the lot was
8 a hard surface.
Mayor Stephens stated that the fee schedule was just to recover
cost and not to show surplus.
Council Member Boyd expressed a concern with the fee being
separated out from other fees. He felt that it should be
! included in the original inspection fee and not broken out from
the other general inspection fees.
i
Staff Members Evans and Carson confirmed that original
discussions stated that there would not be an additional fee
for new buildings.
A discussion was held by Council Members centering on whether
to charge a separate fee for the parking lot inspections or to
include the fee in the original inspection fee.
On roll vote, McAdams 'nay,' Hopkins 'nay,' Gorton "nay,' Ayer
"nay," Boyd "nay,' and Mayor Stephens 'aye.' Motion failed 1
with a 5-1 vote. I
F. The Council considered adoption of an ordinance J
authorizing the City Manager to execute a contract between the
City of Denton and Freese 6 Nichols Consulting Engineers to
prepare airport preapplications for submittal to the F.A.A, for
airport improvement projects eligible to receive airport
improvement program funds. (The Airport Advisory Board
recommended approval).
The following ordinance was considered:
NU. 88-112
AN ORDINANCE AUTHORIZING :CHE MAYOR TO EXECUTE AN AGREEMENT
f BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. F02
PROFESSIONAL ENGINEERING SERVICES AND PROVIDING FOR AN
EFFECTIVE DATE.
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City of Denton City Council Minutes
December 20, 1988
Page 10
McAdams motioned, Body seconded to adopt the ordinance. On
roll vote, McAdams 'aye," Hopkins 'aye,' Gcrton 'aye,' Ayer
'aye,' Boyd 'aye," and Mayor Stephens 'aye.' Motion carried
unanimously.
G. The Council considered adoption of an ordinance
ai.nroving a lease between the City of Denton and Bert E. Mahon
and Mary L. Mahon for property located at the City of Denton
Municipal Airport, Denton, Texas. (The Airport Advisory Board
recommended approval).
Rick Svehla, Deputy City Manager, stated that this was a lease
for hanger space at the north end of the airport.
I Council Member Ayer stated a concern regarding the low rental
fee. He questioned why the rent was only 80 per square foot
when the lease was for 25 years. He felt it was too low for
too long.
Svehla replied that the property was at the furthest north
piece of ground at the airport. The Master Plan had designated
that area for 80.
I Ayer stated that there would soon be improvements to the north
section of the airport and that perhaps the improvements would
increase the value of that portion of the airport. In that
` case, a long term lease of 25 years would not be beneficial to
If the City.
l McAdams motioned, Ayer seconded to table consideration of the
l item until staff could provide additional information to
1 Council including a map of the area showing rental charges and
why those charges were applied to those portions of the airport
and how the CIP projects would affect the land and potential
rental fees, On roll vote, McAdams "aye," Hopkins "aye,'
Gorton 'aye,' Ayer "aye," Boyd "nay,' and isayor Stephens
"aye.' Motion carried with a 5-1 vote.
6. Resolutions
A. The Council considered approval of a resolution
postponing the regular meeting of January 31 1989 to January
10, 1989.
The following ordinance was considered:
N0. R88-077
A RESOLUTION CHANGING THE REGULAR COUNCIL MEETING OF
JANUARY 3, 1989 TO JANUARY 10, 19891 AND PROVIDING AN
f EFFECTIVE DATE,
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City of Denton City Council Minutes
December 20, 1988
Page 11
Boyd motioned, Gorton seconded to approve the resolution. On
roll vote, McAdams "aye,' Hopkins "aye,' Gorton 'aye," Ayer
"aye," Boyd `aye," and Mayor Stephens "aye.' Motion carried
unanimously.
7. Miscellaneous matters from the City Manager
Lloyd Harrell, City Manager, presented the following items:
A. November Budget Recap - Harrell stated that this
item was explained in the back-up materials and would answer
any questions Council might have.
B. Considered street names and the 911 system -
Harrell referred to the report from Frank Robbins. Staff was
recommending to Council that it was not necessary to rename
k streets in Denton at this point in time.
i
C. Considered annexation of property along the Elm
fork of the Trinity River from the City limits to the Lake Ray
Roberts Dam. A-58. Cecile Carson, Urban Planner, stated that
the City may proceed with the annexation of property up to the
dam. Beginning the process sometime in January would put
completion in late March. Notices had bean sent to property
owners in the area regarding the proposed annexation with a
request to consider voluntary annexation of 140'. The
annexation would begin with a 1004' strip because all of the
signatures may not be received for the voluntary 1001.
D, Considered General Telephone's request to expand
local measured service to the Denton area. Roger Nelson,
Administrative Aide, updated the Cuuncil regarding local
measured service. Consensus of the Council was to draft a
letter to the PUC in opposition to the service in Denton with a
resolution to follow at a later Council meeting.
8. There was no official action taken on Executive
Session items discussed during the Work Session.
9. The Council then convened into Executive Session to
continue previous discussions, No official action was taken.
With no further business, the meeting was adjourned at 9:54 p.m.
RAY STEPHENS# MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
l CITY SECRETARY
CITY OF DENTON, TEXAS 3024C
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tax refund to First Quality Foods Inc.
RECOMMENDATION:
The Tax Technician has determined that a tax refund should be issued.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of $ 500.00.
Taxpayer First Quality Foods Inc, has requested a refund in the amount of
$ 1,803.20 since a DISD payment was made on their account # 8520-01120.
BACKGROUND:
Taxpayer paid I of their City tax on 10-31-88 for $ 1,287.88. On
11-21-88 Taxpayer intended to pay § of DISD tax for $ 1,803.20, but paid
j it to the City instead. First Quality Foods inc. wants a refund of the
PROJAMh?ODEPARTNI OR GROUPS AFFECTED:
r
k The :ax Department and the tax account of First Quality Foods Inc.
FISCAL IMPACT:
$ 1,803.20
RES TF ITT
oy a'ff'rief
City Manager
Prepared by:
' Name Vic Schneider
Title Tax Technician
j Approved:
i
Name -Monte Mercer
Title Controller
2633C/3
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sula Propely Tax Dowd APPLICATION FOR TAX REFUND
Rehuid Applkatoa 27.11(4112)
Collecting Office Namr.
Collecting Tax For. (ax g nits)
_r?/S E. ,'J7c~r~nnet~ ✓lert ort y~a~l
Address
City, State, Zip Code
- - - - - - - - - - - - - - -
In order to apply for a tax refund, the following information must be provided by the taxpayer.
IDENTIFICATION OF PROPERTY O NER:
Name: Fi r,t f 1 I
Address: ' _
telephone Number (if additional information is me ed):
IDENTIFICATION OF PROPERTY: ,f / / ~D ~}r rU 0.97
Description of Property: .SC ~7dQ it s J+
Address or Location of Property U
Account Number of Property: or Tex Roc 1 Number
INFORMATION ON PAYMENT OF TAXES:
Name of Taxing Unit Year for Amount of
From Which Refund Which Refund Date of the Amount of Tax Refund
Is Requested Is Requested Tax Payment Taxes Paid Requeste!
•03 l 19 $ 2. '
3. 19 $ j
f.Z o f -fig/
Taxpayer's reason for refund {attach supporring documentation): ~s~LEL 47 1
, / L
n POP- 78$ i On ~~..t~c XOAYrt:n ildrCl 7C. !~aY/,Z
1l ~d ~o % 03dd T--?i 2171/-e h/s~ / refino
(hereby a y or th re nd o th a ovedescribed taxes and certify at the information I have given on this form
is true and correct"
Si Date of Application for Tax Refund
gnatu
OETEWINATION FOR TAX REFUND: Approval Disapproval
► Signature of Authorized Officer Oate
Signature of Presiding Officer(s) of Taxing Date
Unit(s) for refund applicatlons over $SW
Any person who makes a false entry upon the forpolnq record shelf be subjeet io one of"followlnq penalbee; 1, knpAsaiment M
not more than 10 teen not lees than 2 yeah and/or a One of not none then !6,000 or both such fine and
Imprisonment; 2. confinement In {elf for a form up to 1 year or a one nail* exceed 62,000 or both ouch lift and Imprisonment as wl
forth In Section 27.10, Panel Code.
nnuw 7+»
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YOUR TAXES ARE DUE OCTOBER Cft,r of Crolee TAN WDArtm~ot
TAX STATEMENT tst AND BECOME DELINQUENT --~Yv,faa-I .Tfrvnangl'~
EBRUARY Ist. SEE REVERSE DImw, Tnn 74-04,
jIDE FOR PENALTY AND INTER- PHONE 444--0],!
ESf DETAILS.
PROPERTY DESCRIPTION ACODUMTHUMBER TAXYR lunIftoo
O
LOCATION EXEMPT; - TAXABLE VALUE
TAX DUE
ED,
SURVEY A
PENALTY
1\ UY
TOTAL
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WESTERN SIZZLIN STEAKHOUSE lass 3727
7000 W. UNIVERSITY PH. 817.703.1157
DENTON. TEXAS 78701
PAY
TO THE
ORDER OF__~L.Y~~_~r____ $
~~'~f', y..
--DOLLARS
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14 I 'i ri1 f..j1/f4~11j fpT~l~~ VC~GV4. ~~~d Y 4
91003727E' E:&1&9239 098 at
1'0000& 28788~'
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WESTERN SIZZLIN STEAKHOUSE to es 3'
2000 W. UNIVERSITY PH. e17Je7-1153
DENTON. TEXAS 70201 ~
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_ - {
PAY R - t I r -_18--
TOTHE
oRoEROF~4X~+r_71;,62`✓~\.!-1L{ $
i t
1
-774
`ttt - .-DOLLARS
- r'TITi i3r ro ran ~iTrPTTiiG3-~~I ,wTi6____ _ 1-
_ P
u'00349611' 1:iLL923982 1: 098 8~'• 2n' 11'0000 180 3 20
' ~ GCr1~-' .~~Iti:;l L'fl 1 Lt,7L~ ~<•c.~
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~ OF l C T NUMBER RE CEiPT NUMBER
0000 _
115-8 EAST OAK STREET TAX STA ET MENT0011 89
P.O. BOX 947 [7NOV0 DUE
DENTON TX 76202-0947 3 0 , 0
THIS STATEMENT VALID AS AN OFFICIAL 3b06.40
RECEIPT ONLY WHEN VALIDATED. AUTNDRiTT P.AL.aP3606.40
RATE [%f MPTiON TA%
SCL 100 50 3o 3606.4a
3 0 o 3858.85
F IF FIRST ALF PAID Y 11/30/8 THEN BALANCE ITHOUT 1488 MAR
3930-98
PENALTY I DUE BY 6 30/89. APR I1 4003.10
AMOUNT OF JUN 13 LiNS 23
DELIN UEN Y DATE: F BRUARY 1 1 89 TAxo60 <15 7.36
HFBHR S~rrs~ Quc> fi FpLtls Ti)C. SCOTT S Ea 1, LOT 2 .3 07.
2000 UNIVERSITY DR W1s4- ACRES: 0.975
DENTON TX 76201 tFp$STATEMENT fko
WIT YO PAY NT. 1 /
~}.n
w.E..N.a
P.r.aLL.DENTON I S D V ~
"TOTAL APPRAISED VALUE 434506
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D 02 851100300 1988 THRU: 8530008C0 1988 D 03
,CST HOaTH DATE 11!30166 1AA TRIAL BALANCE REAL PAGE 302 PENXrV EM7EC'3VE %ck, "v p'
IOIAL DUE ACCOW K YEAR NNE YET TM CODE A PO-DATE TM PAID P" MID IAA OA M DUE L'Ll
336.25 681800300 ba J 6 L PARTWMS. 12026 YWWOM .00 .20.20 .00 atl•:!
nm#o i 11130 71..W- .00 771.80 .00 ►7i;
30.77 655511p0pp0p~33t110~ 66 PPEENTTON JAMES E~LrLJpRRA 1,549:60 A
~iT1008DS"6$ F[1wT~ WSSTE-EJD'CORATTOOR"C0_9~9`P ~~90 ;83 359
aloof 461.49 151200100 66 J i PARTNERS 7'75:61 P MM i0 0 775:6? .0 775.8+
00 ~.?~G.S!
349.96 651 200200 66 J i L PARTNERS 231,74 652000400 68 GREAT AMERICAN $000 Clow 2,759.33 14lMMM .00 .00 2,759.11 ..00
325.06 p 652000500 ds BARtJCH, 6MLNA C TR 5,117.02 r7~L+1tMJ 00 .00 8,411.02 .00 0•
00 00 4 4 :0-- - 4,33610+;.
239:14 R
W.07 652001000 - ADKINS N s- - : ' ` .k`.
X .6v
bb , DWGt.Af 4,361.30 r""Oft .
1
2h1.45 652001100 M $MINA, CARLO JR ETAL ,555.69 r7IfWll.00 , ,565.60 00
164.12 - 61 01 C
7z1.'N 8520041 66 73AST g1AL[T7 /0005 INC 2,57S.aS r NO" 10/31 1, .l
N 11J 1 7 x,
227 ' : +;4A6:7e
166.21 652001300 bb 7XLE00, JSMtt D 4.393.26 rM.N 0000 :CO ;.34-•e! .'e .00 ,
466.21 652101100 da M TJJSIAVE L
M.72 652101200 MISS ESS CAAOIE $ 507.16 t'rfllMM 11!29 255.59- .00 M:.6V .00 n3.59
3502a.~22 65 01300 LLAAtTNS(~A,, ~Nµ"Ut 472.49 1MMNN 00 .00 672.49 .00 uz•L5,
'Zb2"bD 101'650QQ0-6pN6"'YE~-~ALR~..L~ ~R4y]5677~_r7
1
ORD 4216:9u1 a 21,,1700 60 C WATRNER ETVK: 430:A1 r7MMM, 00 0000 43o.a1 .00 65C.61
324.56 852101600 M PCYE{L PATRICIA.L 496.69 rNMMM A .o0 196.69 .00 L9@.69 ~
507.M 652200900 M $LETCHb J IN»MLD 496.60 rNIMM4 00 .00 496.60 .00 49e.NJ
''s 162.61
06
S35.91 652201200 b6-JACKS~N, $ERCH R `10:" ~ :00 ;0 475:70 00 - 1
SM.7S 6522013 66 CROUCH, TIMOTHY C 475.79
65.60 652201400 bb PAW1S, ALLEN $ 464.48 "00~ OD 0 X6.48 .00 !6t,Dp
540,4'
Ywff@M IW.bt 8 5 2 201 600 eb M4AAOr AWCCA 569.06 Y7MM1M •00 .00 W.x .0 ~;x
434.33 $52~p1900 66 ENGE WFCHT, JAMES x 458.67 TWOO M .00 .00 .00 .k. 19
466.70 852202000 6E KING SCOTT R 480.29 pp 00 .00 xa65g22021 36 PRUEfT ELqDqO~N 0 3Z933..y59 Tt14444111 10!24 393:59- .00
.0000 00 X
4 1t1N_»
216.31 6 S2 4000 86 SRA , C E 431.34 ~ :0 431':319 4 :x X3,-:34
4-51.92 652 1100 66 JONEsS, RARCE
450.69 962 / eb COREY, CLUE MARGARET 517• St5:26 .0 5":2*
1 r116MM1 ~4S -4yb,y,~,
Sf]9.9p2p B SNlik CIELTi1E~ 1 S~1S`p
00 !2 NE' CK NGEA, M WAM L 456.52 rMN+n6M 9/w 29 44- 397.d24T- 00 8303'7.6:4
06 S2 t NECRIMIGER, KENNETH L 532.6} 176MNMA MTO 0p0p '0p0p ' 632.63 or, S":..-3
cz1,19 652 NOIT IYMM W. 1. 1MMMM .04 :00 30+.37 or,
194.94 852 66 SMAG~G, MNK,MET A p 6 t 1 - p~
qp ~qJ~~
} SM7 7S 6524A2TRC~A" ]aRICE-F. 603.34 x '~-'•'w
;94,41 652 86 YILLIAMS& TIMgMr C. .80 M6MM 126A
440.04 6S 6ROOK3 KE{lV L
00 65 DdM /tAWtr x JR 5p~ 4S TMI6M6M 75 51
454: 65 NIMIES CuRTIf L 57.50 rWHOO
MTV
74, MAPS HA~L, JAMES L ETAL t YMMMM p[~ 225. + .7, ze..'-
223. 1 S 6AR+ARTH CORD 602.21 t1NMM1 :00 6t9.i~ :7 J
X0.70 65 SiAOUO, CHARLES ROem 669.47 YYMN/M
E oz- 853001-000 1988 THRU• 863000100 1987 E 03
TAA TRIAL OALAME REAL PM,,E 3_3 ~p•J,. (,t:• ; t
AtM. PA ' ACCCWTEa YEAR NAM t(1 TAR CODE A PD-DATE TM P410 7'6% 9t16 'AJ It
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tax refund to Selwyn School
RECOMMENDATION:
The Tax Technician has determined that a tax refund should be issued.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of $ 500.00.
Selwyn School is iue a refund of $ 2,216.13 because the Denton Central Ap-
praisal District gzAve them exempt status for 1986 c account # 8905-01797.
{ BACKGROUND:
Selwyn School paid 1986 tax of $ 2,216.13 on 1-30-87. On 8-22-88 the
Denton Central Appraisal District issued a supplement giving them exempt
status for 1956. A refund in the amount of $ 2,216.13 is due.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Selwyn School.
FISCAL IMPACT:
i
$ 2,216.13
:4F L4Y/SU TTE
oy arre
City Manager
Prepared by:
ame Vic Schneider
{ Title Tax '--clinician
i
Approved:
n
ame Monte Mercer
Title Controller
2633C/3
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1986 SUPPLEMENT
I T0: ~,akn P,,W DATE:~j LZ
FROM: DENTON CENTRAL APPRAISAL DISTRICT
P.O. BOX 2816
DENTON, T% 78202
LEGAL
OWNER: ,sa ~n ~I,o521 DESCRIPTION:AplG2 RJJS.%
1-Iwy_ 3 FRc„~ Srz.c.+ IA i ~J AC. PEA 4 (~„Q
POAc n . `j 17b2,01 1q.1
J,
ACCOUNT 3~Ibr~ Id5'-Q17 q,
PREVIOUS VALUE: CORRECTED VALUE:
IMP HS - IMP HS`- 2j3 "s
LAND HS _ LAND HS
IMP NHS IMP NHS S20
LAND NHS 1407 `S, Ili< LAND kHS 3?3,
i
A4 MKT AO MKT
i
AO USE
_ AO USE
EXEMPT EXEMPT 64 tM2f
TAXABLE_ TAXABLE
(o/5 IMP SPTB LAND SPTB£L
SIONATURE:z2&,~j yl/D REQUESTED BY: C9
J
REASONS: _~XC~nD~ ~CIC~$G Ll 19"I'7 11,7ow
I
I
/I
00
09000119/ M Myna, J. 1KIITON E.~3 12171 • 00 "ON
McCaw TOTAL L
4711141199 loll Tolvi 110f•1110 11100 1 is Man 913WN TAX TRIAL OKAKI mm PAGE 1247 8 TV EFFECTIVE 11UMKN1111M Atc04
ACMAR 0 no we MY TAX COOS A 1'N9AT[ TAX Mf ft^ I" fpp7pp:: pp~~ pppp 7{R A
090001115 N MAYW: Kp1IAA P 12!31 17:N- AO H :00 :00 M. E90W
MrtOR E1K611A P 17. 12
M M_ t2:01- .00 .86 .QQ 12. Motif
, T1MM994 00 00 w 0101
VjmIA P . ...........I?.. 12131
010001P90
my Go: 0
• McCaw TOTAL 12:
.:..«.._..«:TMAW.
-1170'
16. 16.1! 2,211. 13t. 1.ri.
ACCOIRR TO9K 1 _
""AM "DIONIAL PAW l19i41D1«Iw_IOi ..».---..1,221.09 . I , -1 'MM
t11C..
MQ~p1 186 ~1 MOULAIMN~pR IAL PARK 2 1 63 rI0N011 i Qp pp 231. A
pp 231.p~p~~
pp3017M 86 OOOE1M01 NEIIORIK PAW 106:29 t2131 186:29- :00 CTAAfT MAL 231:OS
VFW wr ,"l P"1f3t...».._....». t1. i .Q»... isappT
911MLA, ON / [TK 4,162. W 138 6,862. 1,215.13- • ACCOUNT TOTAI»... 6S
0 ;-f~l14- -.9w
ACCOUNT TOTAL
37. Ogpfp
MOE0100E N CA" OF 04WON .00 1NMMM .00 .00 .00 .00 .OD E9010
WIN --ice' !I-04 « 9.93 Qu .-..lg~.~...9-83
McCaw MAL 0:
Alamm 17 .00 CAAAIMr, I=A1 J. iNU9986~1 2:[1 592.00 59Q.17
"s pppp •-"'-"~~ACC«N 592. i2' i
~p~pt~py +7 ORARfORO, JpN 657:~ rNMMN1 1/!0 K3:71 ~•qpt 159.
860301105 M OMiPOM, JOHN -
«»..«_....._.«..w«« ICC~I.IQIN..._»Ii!
860301106 01 OAVIE, )OW 0. ETAL .00 "NOWN .00 .00 .00 .00 .00
gyp/ 01 CARAWAY
CAA1861, A00tRT , R01ER1 JJ, . 1.39 TMMRON 12103 n:W pp- :00 pp nZ A $.71 ~
~Q
. . « . -
Qp p~ "n +
1010301'101 86 Y11TI: L 861 N 113:6861 11107 tnl- :pp 00 1:0 t01Ert ►OIK 221:30
AC,.; TOTAL 39. 19060
W ES {{7 RJl 2011• J NWON E/AL 1.{7 r100011M pppp pp 27.N pppp MAY
190 ES M RAf200, J maoN tlA 17.71 12131 21:11- .00 .OD :00 .00
190501011 lost ?Nave $96501626 1906 N~ 1t 190
trell .
I ACCOU TE! TEM O WN PAX TRIK 86MY TAX CCOON A 86-04% 186 PAID POPM 1244 N P010 TAX ~Tr P" k* TOTAL MIA ~ ~ Or
i
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810307769 / 7 WARD, ELKS W 4126 29.5,8• 3.26• .00 00 pp I
i 1 ACCOUNT T61AL 332,51 I
890501790 1988 THRU: 890501805 1987 N 08
Am 9150/68 TAX TRIAL MALANC( REAL PAGE 1144 PENALTY EFFECTIVE NEAT MONTH
ACCOUNI 0 YEAR NAME NET TAX COOS A PD-DATE TAX ►A16 PEN PAID TAX DUE PEN DUE TOTAL DUE
19D 9014 170 1190 17 YAAD, YARD, ILItELLIS E 218,49 YNNNNNNN 00 .00 216.49 00 216.49
1SU It 193,11 6129 19),1! 21.96 X00
'00
...s..__.....` ........................................)......._..--------•--•-----............._.pp...._........HS4UNI.I9M.....i14a54.
198801991 t1 YAAD, ELLIS 1959:6i YNNNNNNN 6/20 459 64 143:94- 1,130 T,I30:00
ACCOUNT TOTAL 1,150.91
7•• . , 1441 00 A
gg....._
11981192 J-118$;"68 IN .......................1P~. I t6 1 INNNNNNN, 1::6-..._1eI.QP:...... AR 144a _...__.1
ACCOUNT TOTAL 166, 1
890504793 88 ST, PAUL LUTHERAN CHURCH 00 YNNNNNNN .00 DO .00 .00 .00
6 pQ pp ~y
1$888;9$1" 37 8~928p;:"~'E~'1SA . ..INNNNNNN-.. V . ...,...._111 ........a ........E1
1,1$ )703......-6.69= -"'-.88 .00 -
ACCOUNT TOTAL 6:89
1 905 1195 1 RAY20A,EUGENIA P 76,49 YNNNNNNN 72/28 71:06 00 76.49 .00 76.49
9DS01795 17 RAYIOA,EUGENIA P 78.06 00 00 00
ESSOUNI.IP]lU......i41l4.
190501996 67 RAY[OA; EUGENIA P 12.19 TNNNNNNK 12121 120• 80 12 1 00 12:1
ACCOUNT TOTAL 12.0409
I ~
17$7.. 9..1FC0911-111160[...._.. ---•--••-••-12 s41: ..Inr64eee...~~ T -.....44........ 140......... A.
YYN S`(CNaTL A 17s•' $1
mmNil SCNOOi _ A 1l 1 T6 1 16 1- 2 1 1-WVR l .............i......_....... pp.._.....pp............6fsom.lQTet......_.... AW4
PAR 19196 .1.AYN MEMORIAL PAR122109 YNNNNNNN 12114 1,221,09• :DO 10221 09
9050?7 JOSELK :00 M 1,2 t1 9
ACCOUNT TOTAL 1,211.0900
5 q yyEE yy Ehq L 1~eeKK q p¢..2NNNtlNNe..i271 L t)t;pppp.......a 6 - .it4, ........10000-.....Q~.
1$858195$ at ~BSEEAP~ AERORIIC LIAR 231;65 b7 8AC000NT TOTAL 229:1
3 45.
89)501600 68 SINGLA, OM 0 fTAL 45.65 YNN'ANNVN
89050180) N fINGLA, OM P EIAL 45.6 2723 45:67- 19-
...............................................................•--.....................................`..eDSS4UNL14Il...._..51/4 .
190501601 88 MY, BELLY M 37,73 YNNNNRNN QO 00 31.13 00 37 J
90$ 18 1 81 1101, KELLY M VA 12!03 37,73- w : COUNT TOTAL 37.10!0
a4444I14i..ele9..91I L9I.9ENI9N 140_.IjwNtN............... ap4p4.......,04...........`44........,44..........e44}. A, P 190501603 11 AAYZ0P, EUGE41A PORTER
9:61 Y'INNNNNH 12126 9:/3• :00 9:00 A
ACCOUNT TOTAL 9.
489iNNNNHNy_, 12727 .....592;17• pp....... .441 ggg.... 108 44Lj~.
1$888188x "17 f1l081d,188811 :9 ;8$ p •
e u p ACCOUNT TOTAL 601• S
1190501665 118 B ADFOAD; J084 659:897 3 iMNNNNNN 1129 b39:83• :00 721:GO :.N 121:
X890501806 1988 THRU: 890501822 1988 0 08
DRTE 90508 TAX TRIAL BALANCE REAL PAr.f 1175 PENALTY EFff'TIVE NEXT MONTH
Ir rn.~o.T 1' •.u u....! Nil TIY MNS 1 PN-1110 t11 DI' Nr r~r nr,~ .r
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CITY of DENrON, TEXAS 215E. MCKWNEV I DENTON, TEXAS 762011 TELEPHONE (817) 566.8200
MEMORANDUM
DATE: January 5, 1989
E TO: ',loyd V. Harrell, City Manager
FROM: John F. McGrane, Executive Director of Finance
I
SUBJECT: SELWYN SCHOOL TAX REFUND
Selwyn School has applied for a refund of 1986 property taxes paid on January
30, 1987. On August 22, 1988 under Section 11.21 of the State Property TTaxx
Code, the Denton Central Appraisal District exempted property owne33y Selwyn
c3`~iool from property tax.. The State Pro ert ax Code allows for exemptions
cr terTas tEat is delineated within
of a school if the school meets certain
the section. We have been notified by John Brown, Deputy Chief Appraiser of
the Central Appraisal District, that Selwyn School has complied with Section
11.21 of the Property Tax Code. He also indicated to us that Selwyn School
has taken this matter to the court on individual tax years and the district
court has ruled that the school is exempt from property taxation. Since
this refund is in excess of $500 it must be approved by City Council.
1i If you have any questions regarding this matter, please advise.
o n F. .c cane
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Sec. 11.20 Property Tax Code raxabl^ a Property and Exemptions Sec. 11.21
A radio and television studio used for religious program. (1) the school is operated exclusively by the person
ming was an actual place of religious worship under Sec. owning the property;
11.20. More restrictive distinctions between religious work
of this sec-
and religious worship probably do not apply under the new
statute. The studiowas a separately secured part of a build. don the except basuildings permitted and by Subsection tangible person(b)al property
statute.
and the exemption applied only to that part of the build- lio,
ing. The temainderof the building was rented to commercial are used exclusively for educational functions; and
tenants, and therefore taxable. Highland Church of Christ v.
Powell, 644 SN21 177 (Tex. App.-Eastland 1983, writ refd (3), the buildings and tangible personal property are
nx.e.), distinguishing Davies v. Meyer, 641 S.W.2d 827 (Tex. reasonably necessary for the operation of the school.
1976). Sea also Swearingen v. City of Texarkana, 696 S.W.2d
167 (Tex. App.-Texarkana 1979, refd n.r.e.); Radio Bible (b) Use of exempt tangible property for functions other
Hcur, Inc. v. Hurst-Euless Independent School Distriet 341 than educational functions does not result in loss of an el-
S.W2d 467 (Tex. App.-Fort Worth 1960, refd nx,e.), emption authorized by this section if those other functions
In Swearingen v. C9ty of Texarkana, 696 S.W.2d 167 (Tex, are incidental to use of the property for educational functions
and benefit the students or faculty of the school.
i i Gl'v. App.-Texarkana 1979), the court noted on rehearing
that Sec. 11.20 of the Property Tax Code supported its hold.
j ing under art. 7160 (now repealed) that a bookstore operated (e) A person who operates a school that is qualified as
by a religious organization could qualify for the exemption provided by Subsection (d) of this section is entitled to an ex-
only if it functioned as an actual place of religious worship. emption from taxation of those a dowment funds he owns
Mere dissemination of religious information was insufficient that are used exclusively for the support of the school and are
for that purpose. invested exclusively in bonds, mortgages, or property pur-
chased at a foreclosure sale for the purpose r _ Ai0ving or
In Davis v. Congregation Agudas Achim, 456 S.W.2d 459 protecting the bonds or mortgages. However, foreclosure-
(Tex. App.-San Antonio 1970), the court inflicated that the sale property that is held by an endowment fund for longer
constitution did not require exclusive use of property as an than the two-year period immediately following purchase at
actual place of religious worship. The court also said that oc• the foreclosure sale is not exempt from taxation.
casional rental of parts of a synagogue did not destroy the
exemption where the proceeds were used for the mainte-
nonce of the synagogue, (d) To qualify as a school for the purposes of this section,
an organization (whether operated by an individual, as a
Ahouse owned by a religious organization and used to house corporation, or as an association) must.
a needy family was not an actual place of religious worship.
A tax lien on property in the hands of the church could be (i) normally maintain a regular faculty and curric-
foreclosed, even though the church was not the owner at the ulunt and normally have a regularly organized
time the lien attached. Op. Tex. Att'y Gen. No. MW-663 body of students in attendance at the place where its
(1982). educational functions are carried on;
(2) be operated in a way that does not result in accrual
4 See. 11.21. Schools. (a) A person is entitled to an exemp- of distributable profits, realization of private gain re•
tion from taxation of the buildings and tangible personal sulting from payment of compensation in excess of a
property that he owns and that are used for a school that is reasonable allowance for salary or other compensa•
qualified as provided by Subsection (d) of this section if. tion for services rendered, or realization of any other
11.34 11-35
I
Sec. 11.21 Property Tax Code
form of private gain and, if the organization is a :or-
poration, be organized as a nonprofit corporation as
` defined by the Texas Non-Profit Corporation Act;
r and
E
(3) by charter, bylaw, or other regulation adopted by
the organization to govern its affairs:
4
I (A) pledge its assets for use in performing the or-
ganization's educational functions; and
(B) direct that on discontinuance of the organiza-
i tion by dissolution or otherwise the assets are to
be transferred to this state or to an educational,
charitable, r..ligious, or other similar organiza-
tion that is qualified as a charitable organization
under Section 601(c)(3), Internal Revenue Code
of 1954, as amended.
I
(e) In this section, `building" includes the land that is
reasonably necessary for use of, access to, and ornamenta-
tion of the building.
Amended by 1981 Tex. Laws (let C.S.), p• 130, ch. 13, See. 36.
Crose Reference=
Exemption application form, see SPTB Rule Sec, 1$5.20.
Annual application not required, see Sec. 11.43(c).
Constitutional authorization, see art VI11, Sec. 2, Tex. Const.
Notes
To qualify for exemption under the constitution, school prop-
arty must be owned exclusively by the persons who operate
the school. The supreme court has held that where one part-
4 ner of a partnership operating a school owned no interest in
I the property, the property could not qualify for exemption.
Smith v. Feather, 234 S.W.2d 418 (Tex. 1951).
Where school operators lease a iriilding and use it for a
school, the bidding cannot qualify for the exemption. Red v.
Morris, 72 Tex. 654,10 S.W. 681 (To x. 1889).
' 11-36
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tax refund to Glen W. Justice
RECOMMENDATION:
The Tax Technician has determined that a tax refund should be issued.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of $ 500.00,
Taxpayer Glen W. Justice is due a refund of $ 1,549.80 because the DCAD
issued supplements for 1985 thru 1987 correcting the Improvement values
BACKGROUND: on account # 7320-00210.
Denton Central Appraisal District supplements for 1985, 1986, and
1987 corrected the Improvement values on this account, resulting in a
total refund due of $ 1,549.80.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Glen W. Justice
FISCAL IMPACT:
$ 1,549.80
i
RESPE ULLY SUBM TTED:
~ oy ar e
Cit Manager
Prepared by: {
Name Vic Schneider
Title Tax Technician
Approved:
C ~
Name Monte Mercer
Title Controller
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1986 SUPPLEMENT
TO: DATE: 10-1~~~ _
FROM: DENTON CENTRAL APPRAISAL DISTRICT
P.O. BOX 2816
DENTON, TX 76202
LEGAL
OWNER: .IJSiit`le vii. DESCRIPTION: CJWS14j'~u~.
rror 1►~ E (VCA4 Q1 . LoE
%1 t-s. `Ti( 15201 ACCOUNT
PAEVIOUS VALUE: CORRECTED VALUE:
IMP HS _ IMP HS
LAND HS____. JOA06 LAND HS I5,15O _
i Q
IMP NHS 1161,TIol IMP NHS 80,736
s
LAND NHS LAND NHS
AS MKT AS MKT
I a
i
AS USE AS USE
EXEMPT Sa EXEMPT /Ve
,
TAXABLE TAXABLE
OS OR GAIN: S 6 x 7 l IMP SPTB: 62- LAND SPTO-Jd
SIGNATURE: ~L1,21SOE- lNry2 REQUESTED BY:
i
I
REASONS:6rflLf 1-4,vd 01,1 (t yG1ye5
,)I-,;k d
1986 SUPPLEMENT
' TO: ; e Ln C~i1.I -DATE: 1U-13-8ei
FROM: DENTON CENTRAL APPRAISAL DISTRICT
P.O. BOX 2816
OENTONs TX 76202
LEGAL
OWNER: 0,jSi~Le , Cole, \`J DESCRIPTION:: w5l ~ ~tkc1ti
..1,~„ Y4cna _
1 rt--7 vu~ ~%a
f 7.II~s 'Tx 757-01 ACCOUNT R a7N0~
I PREVIOUS VALUE: CORRECTED VALUE:
f IMP HS _ IMP HS
I
LAND HS?-A c LAND HS
IMP NHS 7N IMP NHS ~`1N
LAND NHS LAND NHS
AG MKT AG MKT
AQ USE _ AG USE _
EXEMPT _ EXEMPT e
bf~.3
TAXABLE abli Nql~TAXABLE kcR,IZN
50011
+ 5 OS OR GAIN: Q3, 371 X S IMP SPTB:_Z SPTB&L
j~t LAND SIGNATURE: RCS}e- ~ REQUESTED BY:
4L
REASONS: l~flft«} IY~ ~uIUL
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n 1997 SUPPLEMENT
PROM: DENTON CENTRAL APPRAISAL. DISTRICT
P.0. BOX 2916
DENTON, TX 79202
OWNER LEGAL
us4;CC 4U. OESCRIPTION:Av,r, f,~ J(A
5 0ri'rh 131k `1 Lri
FIcOR
11tr-rc y52 0 ACCOUNT f_ a hq tq73,Z
PREVIOUS VALUE: CORRECTED VALUE_
IMP HS IMP HS
LAND HS 5,_750 LAND HS_ /5;j 7750.
I
IMP NHS_ r~o,'1 Ll~ IMP NHS C~ 3r7y
LAND NHS LAND NHS
AO MKT A8 M%T }
i
AG USE AO USE
EXEMPT- EXEMPT _____e
89
TAXABLE TAXABLE
h/ OR GAIN t~ Q3-~: '?f~ x IMP SPTS:~d LAND SPTBj
SIGNATURE: f?:SFG q (0 REQUESTED BV: a~
j REASONS: -~O,rec} Iw.n YQI~~ y
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H 17 ?310011001986 THRU: 734001200 1988 H 18
a Pam DATE 11/3WI6 TAX TRIAL BALANCE REAL MBE 262 PEIMLTY EffE rxw NEAT PC"
OTK DUE ACCOUNT B/ TEAK WDE Wt TAX CM A PD-GATE TAI( PAM M PAID TA9 DUE PEN L JJEE TOTAL DUE
OXM mas L 19'7:11 Y'VNWM 11121 96:7p0- :800 196:7r{6 DO 196.?s
su.a 7m710012~ 'I Ei
LEN
SaeA6 731 86 C~Y JAP" LEN
U34 e1.9S : 8 :00 01 95 21 dl $3.63
l LS OOiNY, JAIU LEN et. 2S 11
COWY, JAPES LEN 41. 61.1 21
~ 56 65.66
n COMM. JAl4n LEN
00 7 A1 K 94
Uzi& -4mK2T- .33
Nd.21 W?3 r27: 27.09 S . 0
COt044Y, JAPES LEN 26. ~f 1 52.99
r3tom CdW1, JAPES LIN 2.~51 54.55
4 JAMFS
ES ~LEII- 24. 24.48 S' .21 's:d9
Q~pp ACCOUNT 'OTAL 693.91
00 OD
4M. J1ATICE,QJBBIM 6J •45 YNNiDNN 11/01 676.E :TD 61:95
1,~ OOTT~~
340. I M 1~1aD.t1 Y i1MME~ 110
ASTI ILMM
,
IN 9ro M.
0 ~a31:1 0831:19
'JOE PLOYD p TIM H MO 62
fa. ICTT 7AP'O.t R
lf3i• iE0R6Ul A 3 1 1 YIIi988M 7,21 1 3, 210:17
f .
7 MS 411. 66~
469 f J A 64: 66.M 9 7. J? 8899.61
.6.10 M.35
446:K PENL9ON, MS J A 9.62 71.62
44i. PE/RSfM, WS J A
236. E:3
/fA'RlW,~ IRS J A 9.OS 50.85
MOON, PM J A 26:64 ' 1.07 61.?1
19.64
72 PEARSOI, 1816 J A a: I 1.}}16, gyp,
ACCOUNT rOTAL WSAGrJm ASSOCIATION 1, r.mma 11/29 703: 1 i 3W IS
346.. 2
811CIM K DALE wMNN
AEG i "BBBNN So"m do. 60.02
YT S 321.27
MaLl
JUKY 001 L0 A 6. YtBBBBBN 6: 6.06
wuiwm-
p
lumve , Y Y 11Y M 750:s 6%875:15
k i7 ,Z35000100 1988 THRM: 740000690 1985 118
TAX TRIAL *%I REAL MBE 263 PENALTY EFFE TIVE NEXT WWH
RM IIE I ACfg~E 11TW O" 030E A IRATE TAK PAID PEN PAID AAA DUE PEN WE TOTAL Olc
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2516L/1589
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWWARDINORA SCONTRACT
FOR THE PURCHASE OF MATERIALS EQUIPMENT SUPPLIES PROVIDING FOR THE EXPENDITGRE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the city has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
'M state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids re the
i lowest responsible bids for the materials, q P supplies services as shown iu the "Bid Proposals" equipment,
submitted therefor;
I and
WHEREAS, the City Council has provided in the City Budget
for the appropriation of funds be used for esheapproved a and
the materials, equipment, supplies o
h i accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
That the numbered items in the following
SECTION i.
~ numbere3-6~'de-for materials, equipment, supplies, or services,
shown in the "Bid Proposals' attached hereto, are hereby I
accepted and approved as being the lowest responsible bids for
such items:
BID ITEM AMOUNT
NUMBER NO. VENDOR
9912 All Temple, inc. $ 539620.00
SECTION 11. That by the acceptance and approval of the above
numbere tams of the submitted bids, the City accepts the offer
of the persons submitting the bids for such items and as rees to
purchase the materials, equipment, supplies or services in
` accordance with the terms, specifications, standards quantitiies
and for the specified sums contained in the Bid Invitations,
+ Proposals, and related documents.
14 SECTION III. That should the City and persons submitting
rittenndagrof the eement seas ita eresult of wish the
formal witems
enterVe into a-accepted
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a
acceptance, approval, and awarding of the bids the City Manager
s designated representative is hereby authorized to
or h i rovSded
the written contract which shall be attached hereto; p
that the written contract is in accordance iestandthe terms,
conditions, specifications, standards, quantit specified
Proposal and related bid documents
sums contained in the Bid herein approved and accepted,
SECTION IV. That by the acceptance and approval of the above
numbers toms of the submitted bids the City Council hereby 111
to o a t and in J
ac tborizes the expenditure of funds there for in nt the
-~1 accordance with the approved contract made pursuant thereto as authorized herein,
approval shall become effective
SECTION V. That this
i•eme ate y upon its passage a
PASSED AND APPROVED this 10th day of January, 1989•
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AT': EST:
ER TER , CITY S CRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: X111 i^^^^
PAGE TWO
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DATE: JANUARY 10, 1989
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROMt Lloyd V. Harrell, city MorKwr
SUBJECTr Eidt 9912 - Padmount Svitchgear
RECOMMENDATION:
We recommend this hid be awarded to the lowest bidder meeting specifi-
cations, Temole, inc., in the total amount of $53,420.00, POE Denton,
delivery in 18-20 weeks.
Item I - 4 Units at $4,648.00 each a $ 19,888.09
Item 2 - 2 Units at $6,866.00 each ■ $ 13,732.00
SUMMARYs TOTAL S 53,620.00
This bid is for the purchase of padnount switcha;ear for the 4lectrical
Distribution Department. This equipment is used in the new construe-
tion and maintenance of the electrical distribution system.
r
The lessor price offered by Poleline would require additional fuse and 1
fittings.
1
BACKGROUND:
Tabulation Sheet
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: 1
Electrical Distribution Department
I
FISCAL iMPACTt
This ourchase will he funded from Electric Utility Bond funds accor:nt
number 611-008-0252-5422-9222. ,
Respect ly submitted:
Lloyd V. Harre
City Manager
Prepared by:
omes DE14 SE t1ANN NC
` E Title: BUYER
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Approved:
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'Ttal PII
I I I I I I I I
118 1 9912 1 1 1 1 1 I I I
BIO 1111E ' PAOMOUNT~"""""'•..--•----- I I I 1 1 I I I
~I SYITCNfi£AR I I I i I I I I
l
OPENED 11...00 P,.M....................._...I PRIESTER I PRISSIER I CUMMINS I TEMPLE I ERAYBAR i NELSON I POLELINE I
NOVEMBER 22, 1988 SUPPLY I ISUPFLY COMPANYI ELECTRIC i ELFaRIC 1 ELECTRIC I I
ACCOUNT 1 611-008.4252-5422.9222 I I I I 1 I I I
..I.........` ................................I...-----------I..............I..............I
I I I .i i.............. ......_.......I
I I BTY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I {
...._..1.......• I•° .............................1..._......... T••••-••....._.I..............I.............. I
1 I 6 IPADMDUNT SYITCNGEAM 1 7,228 00 I .12,553.04 1 6,696,00 1 61648.00 I 21531.00 1 N0 BID t 61331.00 I
1 1 I I 1 I I 1 1 I
1 I FUSE AND FITTINGS 1 NIA i MIA I NIA I MIA I MIA I NO 010 1 624.00 1
1 1 1 1 1 1 1 1 1 1
2 1 2 IPADMOUNI SWITCHGEAR I 2,464.00 t 4,856.00 1 6,891.00 1 6,166.00 1 8,557.50 1 ND BID 1 61602.00 1 I
I 1 I I I 1 1 1 1 1
I I FUSE AND FITTINGS I NIA I MIA 1 NIA I NIA i NIA I ND 111 I 624. D0 I
1 1 t I I 1 I 1 I t ~
I IF08 I DENTON I FACTORY I DENTON I UNION I DENTON I NO 110 1 DENTON I
I I r 1 I 1 I I t I
I IDELI V£RY 1 130 t 12-14 NKS 1 126 1 126 1 16 YKS I NO 010 1 14 1
I I 1 I 1 I I I
1 HERMS I NET 30 1 1 NET U 1 NET 30 1 NET 30 I NO 110 1 NET 30 1
I 1 1 I 1 I 1 I 1 I ~
I I,FB I SIC I RIE I sic I Sic I SAC I NO BID I ABC I
I I i I 1 I t I I i
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2516L/1589 Q
NO. _
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR Ali
EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
R or improvements described in the bid invitation, bid proposals
and plans and specifications therefore; NOW, THEREFORE,
i
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the
construct o-i ri o1 4ublic works or improvements, as described in the
"Bid Invitations', "Bid Proposals' or plans and specifications
attached hereto are hereby accepted and approved as being the
lowest responsible bids:
i BID NLMBER CONTRACTOR AMOUNT
9920 Landmark Company $2240103.00
SECTION II. That the acceptance and approval of the above 1
compet t vi-i TRTs shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, 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
4 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
apeci£ying the terms, conditions, plans and specifications,
standards, quantities and specified sums contained therein.
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SECTION IV. That upon acceptance and approval of the above
compet t ve a and the execution of contracts for the public
Works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in
the amount as specified in such approved bids and authorized
contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective
imme aupon its passage and approval.
PASSED AND APPROVED this the 10th day of January, 1989.
i
PLAY STEPHENS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
I
BY: I M
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PAGE TWO
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DATE: JANUARY 10, 199
CITY COUNCIL REPORT
TO. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City MarwWr
SUBJECT: BID/ 9920 - DENTON MUNICIPAL LAB RXPANSION/BUILDING
RECOMMENDATION: J
We recommend this bid be awarded to the low bidder i.andmark Company of
Denton, Texas for $224,103.00 with 190 calendar days for construction.
r
SUMMARY:
This bid is for the building expansion for the Municipal Laborstory.
Architectural Collective, Mr. Gerald Stone is the principal architect
on this project. The project was bid earlier on Bid 09696 and received
on September 22, 1966. This bid was rejected as the low bidder did not
submit a Bid Bond and the next low bidder did not submit a valid Bid
Bond. This bid is GZ lower or $13,297.00 less than the first low
unacceptable bid. A
I BACKGROUND:
Tabulation Sheet, Recommendations From Department and the Public
Utility Board minutes.
PROGRAMS DEPARTMENT OR GROUPS AFFECTED: J
Completion of Lab Project and Lab Work. '
FISCAL IMPACTr
There is no additional impact on the Government Funds.
v
Respect( ly/$Vbbmitted:
w v
Lloyff V. Harrell
City M onager
Prepared by:
om
j Title: PURCBASIMG AGENT
A roveds
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: J J.MARSflALt
Itle. PURCRASINC AGENT
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1 I I I I I
6ID i 9920 1 1 1 1 1 1
I I I I 1 I
SID liflf DEN10N MUNICIPAL LAB i1PANSION IDAVID SNAIRO, I DIR C051. I LANDMARK I CARDINAL ITEM, 61LLWORE I
..................................................I INC. I COMPANY ;DENTON, TEXAS ISUILDERS, INC,Ii CALVIN 1AKERI
OPENED 2100 P.M, DECEMBER S3, I4BB I i I I I I
ACCDUNr B I I I I
••-•---•--I i 1 1 L__.........._I _ i
_._..__i.......-- •---•-•--.....i.............. ;._............I I
i 1 QTY I ITEM DESCRIPTION i VENDOR I VENDOR i VENDOR I VE40DA I VENDOR I
L........I ................................I....---•..._..I I.............. I I.............. I
f I I I I I I I
I (11ASE SID 1 242,000 1, 241,313 1 224,103 1 240,00 1 281,000 I +
I I I I I I I I I
I IALTERNATE I DELETED $ NS I NO I N8 I NB I NB !
I I I I I I I I !
I IALTERNATE 2 1 21637 1 21214 1 I,r30 1 21300 1 21700 1
I I I I I r I I
I ]ALTERNATE 3 DELETED I NB I N8 I NB 1 N8 1 N8 I
I I I I I I I I
I IADDERDA RECEIVED I 3 1 3 1 3 1 3 1 3 1
I I I i I I I I
I IDAYS CONSIKKIION 1 160 1 190 1 110 1 160 I 220 I
I i I I I I
I IBID BOND RECEIVED I YES I YES I YES I YES I YES I
~ I I I I I I I I
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MY I
MEMORANDUM
DATEe January 3, 1989
TOE Mr, John Marshall, Purchasing
FROMi Mr. C. David Ham, Director
Water/Wastewater Utilities
SUBJECTi Municipal Laboratory Expansion
i
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At the December 21, 1988 meeting of the Public Utility
Board, the PUB approved the low bid from Landmark
Construction Company for the expansion of the municipal
laboratory facility. Attached with this memorandum is a
copy of the PUB minutes for this meeting.
The Utility Department is requesting that this project be
added as an agenda item to tKe January 10, 1989 meeting of
the City Council.
If you have any questions or need edditional Information
please call.
C. David Ham, Director
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!;hew s=uyg0sted P,hat th{.- lten b~? trabJLd far fut"'har di C:Zion at
tl'e Utility Department Annual Planning Retreat. The Board atirsed.
Q- CONSIDER CONTRAI:T WITH FF'EESE NICHOLS, INC. FOR PROFESSIONAL
ENGINEERING SERVICES IN CONNECTION WITH THE DEVELOPMENT OF A
TWENTY-YEAR MASTER FLAN FOR IMPROVEMENTS TO THE WASTEWATER
TREATMENT PLANT
Ham explained that state law requires that when monthly average
flows of a wastewater treatment plant reach 75% of permitted flows,
planning must be initiated. Denton's plant is now at 77% of permitted
flow, When a plant reaches 90% of permitted flow, construction must be
initiated or a permit application filed to amend the rated permitted
flows. Ham recommended approval of the proposed agreement with Freese
& Nichols, Inc. for planning of expansion of the wastewater treatment
plant.
Chew asked if we have been completely satisfied with Freese &
Nichols. Nelson stated that their work with wastewater treatment
plants is very good.
Chew moved approval of the contract. Frady second. All ayes, no
nays, motion carried.
It. CONSIDER APPROVAL OF LOW BID FOR THE MUNICIPAL LABORATORY i
I EXPANSIONL
i
Ham explained the need and urgency of this item. Ham added that
the low bidder on this project was a Denton firm.
Frady moved approval of the low bid of Landmark: Construction Co.
for Phase I construction of the Mr.inicipal Laboratury expansion. Chew
4econd. All ayes. no nays, motion carried.
12. NEW BUSINESS
The annual planning session was scheduled for Saturday. January 7,
1989, in the Civil Defense Room.
13. UTILITY DIRECTOR'S UPDATE
Nelson advised the Board that notice of intent to file legislation
creating the Upper Trinity Municipal Water District had been submitted
4 to authorities in thR State legislature. Nelson and the Board °oviewed
the ad-vantages and disadvantages of the new agency. LaFo-te and L+tney
strongly opposed the creation of the new agency, seeing it to be a
threat to Denton's control of its own destiny. Nelson assured the
Board that sufficient contralti and safeguards had been built into tho
legislation to protect Denton.
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1 TO A
CONTRACT BETWEEN THE CITY OF DENTON AND SUNMOUNT CORPORATIONt
PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on October 18, 1988, the City awarded a contract for I
the construction of certain improvements to Woodrow Lane's Twenty- 1
four Inch Sewer Line Replacement in the amount of Twenty-one
Thousand Eight Hundred Fifty Dollars ($21,850.00); and
- WHEREAS, the City Manager having recommended to the Council
that a change order be authorized to amend such contract with
respect to the scope and price and said change order being in
compliance with the requirements of Chapter 252 of the D)cal
Government Code; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That Change Order No. 1 to the contract between
the City and Sunmount Corporation, a copy of which is attached
hereto, in the amount of Twenty-one Thousand Eight Hundred Fifty
Dollars ($21,850.00), is hereby approved and the expenditure of
funds therefor is hereby authorized.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the 10th day of January, 1989.
RAY STEPHENS, MAYOR j
I
ATTESTt
JENNIFER WALTERS, CITY SECRETARY
1 APPROVED AS TO LEGAL FORMS
I DEBRA A. DRAYOVTTCH, CITY ATTORNEY
By l ti
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January 10, 1989
CITY COUNCIL AGENDA ITEM
` TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
RE: CONSIDER CHANGE ORDER Ml, WOODROW LANE/BURNING TREE UTILITY
RELOCATIONS, SECTION Y.
RECOMMENDATION:
The Public Utilities Board, at their meeting of December 21,
1988, recommended approval of Change Order fl.
SUMMARY:
Change Order 01 regards a deteriorated asbestos concrete 24"
sanitary sewer main located acress Woodrow Lane near the
Juvenile Detention Center. The line is over 40 years old and
was not discovered as deteriorated until the contractor had
` begun excavation for the Woodrow Lane paving and bridge project,
The Wastewater Master Plan calls for this main to be paralleled
by a 24" sewer main between the years 1991 and 2000. Because
the existing main is in such deteriorated shape and cannot be
salvaged, a new 36" pvc sanitary sewer line is required to
` handle the total existing capacity plus the proposed capacity
r required by the Master Plan.
This Change Order involves only that portion of the 24" AC pipe
that lays within the Woodrow Lane right-of-way. We will request
that the remainder of the line be replaced during a future
Capital Improvements Plan.
BACKGROUND:
The City Council awarded the contract to relocate utilities
affecting the Burning Tree Drainage project on October 18, 1988,
in the amount of $499693. This amount included all
administrative fees related to Section Y of the Woodrow Lane
Paving and bridge/burning Tree drainage project, Requested
I Change Order 01 of $21,850 reflects a 4.4% increase, revising
the original contract amount of $11,543.
Ik ~
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
City of Denton, Denton Municipal Utilities, Publit Works
Department, Sunmount Corporation, and Citizens.
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City Council
( Page 2
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FISCAL IMPACT:
I
FY b`J CIP Budgeted $100,000.00
Replace Sewer Line St
Program
Original Contract Amt
Sewer $43,228.88
Water $ 6,464.12
F Total $49,693.00
Change Order d1
$21,850.00
M Revised Contract Amt
$71,543.00
Amount Over(under) ($28,457.00)
1 Budget
Total Amt Change Orders
to Date $21,850.00
l Percent Increase (decrease)
I of Original Contract Amount 4.4%
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` Source of Funds: Wastewater Collection Bonds
623-008-0471-9138
I
R*0y---aa--r-r-eT"1 lysyl~r tto
- ty
Manager
` Prepared/Approved by,
kos , xecut ve rector
Department of Utilities ~Pi---
Exhibit I Change Order N1
II Project Location
III Letter from Sunmount Corporation
IV PUB Minutes of December 21, 1988
' I
6275U:5-6
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CITY Or DENTON CHANGE ORDER
1. Division (Department) 2. Purchase Order No.
Public Works (En ineerin 8772 3. Change Order No.
4. Name of Project S. Project Acct No.
Sec. S w Ln 6. Data Prepared
1. Name and Address of Contractor-7. 1988
S. Description of Work Included in Contract Y
I
9. Changes ordered and reason ordered (List !ndlVldual changes ast C, D, etc.
I
A. Relocate and replace deteriorated sever line on Woodrow Lane
I 10. Bid Original Contract Revised Negotiated
`r Contract Item Estimated Unit Original Revised
Estimated C.O. Unit
Changes No. Quantity Price Estimated Estimated
Quantity Price Cost Cost
A. Additio al Workt
f B. Contrac Items and price on
C. Attache sheet fro Sunmoun
D. Corpora ton. Appro ed PVC L ne
by Util ty Departm nt.
Total Total
11, Origlrtal Contract Price _sea,RO~ nn Increase In Contract Price syi acn nn
f NOW Contract Price
-97t-%&"A-An L Decrease in Contract Price
` + 11. Contract time increased/decreased Dy~_daya. NOW Contract time
days
r THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY,
CONTRACT STIPULATIONS AND COVENANTS, IS SUBJECT TO ALL
I !
13, ISSUED FOR REASONS INDICATED ASOVEr
action Supsrvisot
Date
14. ACCEPTED BY CITY ENGtNEERr
Slgna ure Title D« ` t
i 15, ACCEPTED BY CC)V ACTORr ~ j2 i'2 [ a
( Signature
Date
16a AASZSTANT CITY MANAGER
Signature Tttle Date
DIRECTOR Of UTILITIES
II 8 grtltute
?iris Date
CONDITIONS Of APPROVALt
11. PURCHASING/FINANCE
Signature T111e Date
COUNCIL APPROVAL (if needed) Date
EXHIBIT.,
nroto
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:.WlIW lllilll lillll ~I~MeVi ~ lL,//' •
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` PROJECT LOCATION r.W.
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P.O. BOX 1770
A' ~ ROANOKE, TEXAS 76262
SUYMUN, METRO 8 2741
17/430-0552
CORPORATION
GENERAL CONTRACTORS December 6, 1988
Mr. Jerry Clark,
City Engineer
City of Denton
215 E. McKinney
Denton, TX 76201
REFERENCE: WOODROW SEWER RELOCATION
Our Mr. Clark:
We have put together a price to relocate the 24 inch sewer line at
i station -2+50 on Woodrow lane as requested, The new 36 inch line would
be relocated to the south using either PVC or Hobas Pipe, Three new
manholes would be required, two built ti the existing line and one on
the new line.
The following is a breakdown for Sumount to complete this work;
,
HO"S EN
Pipe Materials $110000.00 9,750.00
6 foot Manholes - 3 each 4,900.00 41900.00
Bedding and Concrete 11100.00 16100.00
Labor, Equipment, Overhead 5 Profit 6 .0 6 100.00
TOTAL
321;
If you have any questions, please feel free to call.
Sincerely,
SUNMOUNT CORPORATION
Thomas A. Barber
Plant Manager
TRB/cs
cc: AOR
i
EXHIBIT 3
# EXCERPT
f'
Public Utilities Board Minutes
December 21, 1988
7. CONSIDER CHANGE ORDER #1, WOODROW LANE/BURNING TREE
uc UTILITY
Ham explained that a deteriorated asbestos concrete sanitary
sewer main crossing Woodrow Lane collapsed durfng other
construction, and would now need to be replaced at an additional
cost of $21,850. Ham added that the entire sewer line,
approximately one mile, would need to be replaced due to the
deterioration.
LaForte moved approval of the change order. Chew second. All
1 ayes, no nays, motion carried.
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 2 TO A
CONTRACT BETWEEN THE CITY OF DENTON AND SUNMOUNT CORPORATION;
PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on October 18, 1988, the City awarded a contract for
the construction of certain improvements to Woodrow Lanets Fifteen
Inch Sewer Line Replacement in the amount of Sixteen Thousand Seven
Hundred Fifty Dollars ($16,750.00); and
WHEREAS, the City Manager having recommended to the Council
that a change order be authorized to amend such contract with
respect to the scope and price and said change order being in
compliance with the requirements of Chapter 252 of the Local
Government Code; NOW, THEREFORE, {
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That Change order No. 2 to the contract between
the City and Sunmount corporation, a copy of which is attached
hereto, in the amount of Sixteen Thousand Seven Hundred. Fifty
Dollars ($16,750.00), is hereby a
funds therefor is hereby authorizedproved and the expenditure of
1
SECTION IT, That this ordinance shall become effective
immediately upon its passage and approval.
i
PASSED AND APPROVED this the 10th day of January, 1989. 1
1
I
RAY STEP-HENS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: V~/1M
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DATE: JANUARY in, 1989
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CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECTt BID CONTRACT# 9893 - PURCHASE ORDER V a 87273 and 87728.
r:NANGR ORDER WOODROW LANE AND BURNING TREE.
RECOMMENDATION: We recommend this Change Order be approved for
$16,750.00 to replace and relocate 15" sever line on Woodrow Lane.
SUMMARYr This project was bid and awarded in October, 1988. The
project is well underway and it was determined that after damaging
the shallow sever line several times, the sewer line should be
1 replaced. This is the Change Order to allow Sunmount to replace
the line and still continue the other construction vithout.adding
anymore construction time. The amount shown on the Change Order
is only for the utilities portion. The original total contract amount
f was $1,513,097.49.
BACKGROUNDt
Change Order and Memo
E
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: j
Utility Department and the stability of roadbed on Woodrow Lane
affecting the City and the Citizens of Denton.
FISCAL IMPACT,
There is no additional impact on the General Tund
Respectfully submitted:
Lloyd V. H acre 11
City Manager
Prepared byt
9
tile: PURCHASING ~AGKXT
i
Approvedi
ATIO,rlnel JMARSAt,
3 IN0 GE MT
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I. Division (Department! 2. Purchase der No. .3. Change Order No,
-Public Works (Engineerin } v,.87728 Y_797-11 2
4. Name of Project 5. Project AcC! No. 6. Date Prepared
Sec. 5 Woodrow b Burnin Tree 624-008-0471-9138 anuar j 1989
7, Name and Address of Contractor
Sunmount Corporation P.O. Box 1770 Roanoke Texas 76262
E. Description of Work Included in Contract
Relocate 15" Sewer Line - Woodrow Lane
9. Changes ordered and reason ordered (List individual changes age A, 8, C, D, ate.
A. Relocate and Replace 15" Sewer Line on Woodrow Lane,
(See Back-up Attached)
10. Did Original Contract Revised Negotiated Original Revised
Contract Item Estimated Unit Estimated C.O. Unit Estimated Estimated
Changes No, Quantity Price Quantity Price Cost Cost
A. Additio al Worke ee backu informatio
Be attache for contr ct price from
C, Sunmoun Corporation,
D,
71 543 88 293
Total Total
110 Original Contract Price _$71,5433 Increase in Contract price $16.750
Nev Contract Price 588,293 Decrease In Contract Price
120 Contract time increased/decreased Dy_ -0_ days. New contract time days
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THE AFOREMENTIONED CHANOEp AND WORK AFFECTED TBERE$Ye I9 SUBJECT TO ALL
CONTRACT STIPULATIONS AND COVENANTS.
13e ISSUED FOR REASONS INDICATED ASOVEe lei
.8
ection supetvisar Date
14, ACCEPTED BY CITY ENOINEERe X--e C040_1~
r. Sign Cure Title Da e I
16. ACCEPTED BY CONTRACTORI
Signature - Tile - Date
lie ASSISTANT CITY MMAOER
81 a ure Title D' a(e
l DIAECTOR OF UTILITI m t
signature Title Data
a^
CONDITIONS OF APPROVALI
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17. PURCBAAINO/FINA S J
signature Title Date
COUNCIL APPROVAL (If needed)
Date
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.820
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MEMORANDUM
DATE: December 30, 1988
TO: Rick Svehla, Deputy City Manager
FROM: David Salmon, Engineering Associate 11
SUBJECT: Change Order for Sewer Relocation on Woodrow,Lane
Due to an extremely irregular horizontal and vertical
alignment, the existing 15" sewer line along Woodrow Lane
unexpectedly turned up to be under the proposed pavement at a
shallow depth. The main has already been damaged several tines
during the construction process due to Its age and shallow
cover. It has been deemed necessary by the Water/Wastewater
Division of the Utilities Department and the Engineering
Division of Public Works to replace the 15" sewer main. We
have prepared a change order in the amount of $16,750.00 for
your consideration.
The $16,750.00 will include installing 646 feet of 1S" PVC {
sewer main, removing the old main, installing a 36" x 24" wye
connection and modifying two existing manholes.
! Construction in the immediate area of the sewer line can not
resume until either the existing clay the sewer line is
replaced, or a very expensive concrete cap is placed over the
line. The latter would leave both the street and the sewer
line with questionable structural integrity.
Please contact me if you need further information.
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j Engineering Associate 11
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MEM0RANDUM
DATE: Uecember 19, 1988
TO: Lee Allison, Engineering Administration
FROM: David Salmon, Engineering Associate II~P
SUBJECT: Sewer Relocation on Woodrow Lane
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As has been brought to your attention, it will be !ieecssary to
relocate a portion of the 15" clay tile sewer line in Woodrow
Lane in order to facilitate the street's reconstruction. This
sewer line is very old and therefore had no "as-built" plans
for us to consult during our design of Woodrow Lane. As is
common procedure, we assumed a straight line horizontal and
vertical alignment between existing manholes. This indicated
that the sewer line would be behind the proposed curb and would
have sufficient depth. In actuality, the line varies quite a
bit from a straight alignment and is under the proposed
pavement at a shallow depth.
We have redesigned the portion of the sewer that is in conflict
and seek your approval of the design so that we may start
k inking the plans. Also, time is of the essence as we would
like to avoid the contractor charging us for delays on the
street project. We feel that this change could be included in
the change order for the replacement of the 24" transite line.
You will notice in the list of estimated quantities an item for
removal of the existing line. W'e feel this is necessary due to
the line being clay tile and having such shallow cover.
Enclosed is a list of estimated quantities. We would like to
use it as soon as possible to pet a price from the contractor.
ITEM t,~AN:IITY NOTE
1S" PVC Sanitary Sewer 66S if
Tie-in new 15" sewer 1 ea Includes all labor and
f to existing manhole materials necessary to per-
form tie-in
Remove existing 1S' 42S if Is accurate + or - $0'
clay the sewer
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P 0 BOX 1770
ROANOKE, TEXAS 76262 R~~~IVP 59
SUNMOUNT A171648.2'a, JAN
METRO 8171430-0552 ,
CORPORATION J
GENERAL CONTRACTORS 1
December 30, 1988
Mr. Jerry Clark
City of Denton
215 E. McKinney
Denton, T% 76201
REFERENCE: WOODROW PAVING AND DRAINAGE
Dear Mr. Clark:
We have worked up prices to install a new 15 inch sewer line
from the new manhole on the 36 inch line back to the existing I
manhole at station -9+100.
With the 2 sack backfill the price is $20,475.00. Without
the 2 sack backfill the price is $16,750.00. These prices
include the fitting and sewer service relocations as well as
removal of the old line.
j Sincerely,
SUNMOUNT CORPORATION
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Thomas R. Barber
Plant Manager
TAB/cs
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (8 17) 560.8307
Office of the City Manager 1
`1 E M 0 R A N U li M
TUI Llovd V. Harrell, Citv Manager
PROMI Rico Svehla, Deputy City Manager
- DATEI January 6, 1989
SUBJECTI Additional Information on the Burt Mahon Lease
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At the last Council meeting, several Council members had questions
about specific information in relation to the Burt Mahon lease. I
have included a number of pieces of information to address those 1
questions.
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The first question concerned using the CIP escalating clause,
and what would the lease be now if we had started it five years ago,
Attached is a document showing the difference in rent each year. As
you can see, the rent would increase some $222 or about 10% over, the
initial lease payment. Another way of looking at that is the current
lease is 8 cents a square foot. An approximate 10% increase would
make it go to almost 9 cents a foot.
The second question concerned how we arrived at the 8 cent per foot
factor. I have included two pages out of the Airport Master Plan that
was approved by Council several years ago. The first is a drawing of
the Airport with particular area designations on the Airport. You
will note that the Mahon lease is in Area 03 toward the north end of
the Airport. Looking at the accompanying table, you will note that
Land Class 03 would be at that 8 cent per square foot value since
there are no improvements in this area at versus the southeast corner,
Finally, there was a question of where the projected CIP improvements
to the Airport are located. I have included a map in the back up that J
has numbers from 1 to 13 on it, Those numbers correspond to the
written documentation that is in the back up as to each of the
improvements that are in the CIP program. There is one exception to
that which is number one, the overlay on the runway ttself. We've
f been advised by the FAA during the last year or so of the need to do j
that. Our strategy for funding on that would be to submit an J
application for 90110 funding and submit our 102 funding as part of
the budget process this coming year. The rest of the projects are
included in the proposed CIP funding for the early 1990'x,
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Lloyd V. Harrell
January 6, 1988
Page 2
If you or the Council has any further questions, we would be happy to
try and answer them at your pleasure.
4~
Rick Svehl a -
L'Ieputy City Manager
FSibw
Attachments
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Starting from base year using base amount into base January,
Annual Rental Adjustments Base amount
2150.48
CPI-U divided multiplied 1
YEAR January October into base by
January October {
1984 198X
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e 1984 322,7 333,7 6,6640223 2223,78
1985 343.9 6,6640223 2291,76
1986 345,9 6,6640223 2305,09
1987 360,6 6,6640223 2402,38
1988 370.0 6,6640223 2465.69
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5. The term of the lease, which is an important factor in deter-
mining lease rates. The airport administration must dettzmi.ne
whether or not a longer term lease at lower rates is desirable
for certain types of uses. It must also be recognized, however,
that in marrf cases, financing for major improvements -is possible
only through a long term leass (20 years, or more) and the les-
see/developer may require some form of inventive to make a larger
investment that will ultimately benefit the airport and the
camamity.
Gnxmd Lease Paten
Table 8.2 shows the average ground lease rates that could be
established at Denton Municipal Airport, by land classification.
There are also variations possible such as rentals or leases of
improved properties, reimbursements for infrastructural improvements
for additional facility construction# etm The recommended locations
of the land use classification areas are identified in Figure 8.2.
UM 8.2
E`EW Op 7MPPJ0VV11r.F 5 ;
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CWS NCI
SCZo MINO[2 M#1.TCR
I N/A N/A N/A N/A
11 010 .12 .14 .20
III 408 .10 .12 .16
IV .OS 608 110 .14
It is strongly recommended that a competent leasing or real estate
development firm be consulted to further define the leasing policies
and
idde Denton provi further guld~ the adeterminatico cot lease rat~ess.rt and to
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PART IV - PROGRAM NARRATIVE STATEMENT
Denton Municipal Airport currently serves as a reliever airport for the
Dallas/Fort Worth Metroplex area. An on going effort is being made to meet
the current facility demands as well as plans for future growth. In order
to meet to be these made. The npra safe oposed and efficient manner,
improvements project are several as follows-
need ITEM 1 - OVERLAY RUNWAY 17/35
ITEM
The existing runway pavement is showing signs of distress. In order to
provide adequate strength to support the aircraft using the facility as
well as to provide a waterproof all-weather surface it is necessary to
overlay the 150'X 5000 runway and restore the pavement markings.
ITEM 2 - ACQUIRE LAND FOR CLEAR ZONES
The existing approach to runway 17 is a 50:1 precision approach. The City
already controls most of the clear zone. It is necessary to acquire the
remaining 24.7 acres of land in order to ensure that the approach remains
obstructed.
j ITEM 3 - SEAL TAXIWAYS AND APRON
The existing taxiway and apron pavement surfaces are showing signs of i
distress. In order to protect the pavement from further deterioration and
provide a waterproof all weather surface, it is necessary to seal coat the
taxiways and aprons.
ITEM 4 - DRAINAGE I14PROVEMENTS
Much of the airport drainage is piped through metal pipe that was installed
when the airport was built in the late 1940 s. Much of this pipe is
collapsing or rusting away causing safety and erosion problems. As the
airport expands, more of this pipe will be covered over increasing the cost
coremove ncrete the n*tal
repair
replace replacement.
it c with t either Therefore,
pipe pipe.
pen e channel drainage or to
ITEM 5 - NORTH HOLDING APRON
f A new 250' X 100' holding apron is proposed that will be located on the east
j side of the north taxiway. The holding apron is needed tor duce a place
unnecessary delays and reduce taxiway occupancy time by providing
off the taxiway for engine run-ups.
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ITEM 6 - ACQUIRE LAND FOR CLEAR ZONES
A utility parallel runway is proposed to meet the airport's future capacity
requirements. The runway is planned to have visual approaches only. An
addition 13.5 acres of land is needed to adequately protect the clear zone
for this runway. In addition, a 1000 foot extension is planned for the
south end of Runway 17/35. When the extension is constructed, en
additional 31 acres will be required for the clear zone on this approach.
ITEM 7 - EXTEND RUNWAY 17/35 - 1000'
In order to provide sufficient runway length to adequately serve the
existing jet and turboprop traffic, and at the same time attract additional
traffic, Runway 17/35 must be extended 1000 feet to the south. This
extension will include grading, paving and marking.
ITEM B - EXTEND MIRL
When the runway is extended, the threshold lights will need to be relocated
and runway light system extended in order to fully utilize the runway for ,
night operations.
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ITEM 9 - PARALLEL TAXIWAY EXTENSION AND HOLDING APRON
In order to maximize the safety and efficiency of the runway, it is
I, necessary to extend the parallel taxiway when the runway is extended. To
enhance the capacity of the taxiway by reducing taxiway occupancy time, it
is necessary to construct a holding apron.
ITEM 10 - TAXIWAY LIGHTING
In order to increase taxiway safety and decrease taxiway occupancy time 1
during night operations, it is necessary to install taxiway lighting is the
form of MITL system. 1
ITEM 11 - COMMERCIAL SERVICE APRON
In order to isolate the commercial service aircraft parking area from the
general aviation parking area as a means of increasing passenger safety, it
is necessary to construct additional apron space.
ITEM 12 - FBO AREA PAVING
In order to provide additional capacity for aircraft parking, as well as to
provide access to the designated FBO area, it is necessary to pave an
additional area 160' X 280 .
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ITEM 13 - EXECUTIVE JET APRON
Because of the peculiar operating characteristics and generally greater
physical size of Jet aircraft, it is recommended that the parking and hangar
facilities for jet aircraft be isolated from that needed for piston
aircraft. Therefore, it is necessary to pave an access taxiway and apron
for jet aircraft.
ITE14 14 - ROAD ACCESS TO SOUTH HANGAR ARIA
In order to provide a hard surfaced access road to hangars for emergency
and service vehicles, as well as to provide a portion of the perimeter
road, it is necessary to construct a 32' X 1600' access road.
ITEM 15 - TAXIWAY TO INDUSTRIAL AREA
In order to provide air access to a designated industrial area on the
airport property, it is necessary to construct a 40' X 800' paved taxiway. {
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ORDINANCE NO.
AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF DENTON AND
BERT E. MAHON AND PROPERTY
MUNICIPAL AIRPORT, DENTON, TEXAS AND PROVIDING THE
OF IAN
EFFECTIVE DATE.
WHY'REAS, the City of Denton hapertain Texas;
located at the Denton Municipal Airport,
WHEREAS, the City of Denton desires to lease the property for
aircraft storage hangar and
- constructing aciand iities maintaining and
associated WHEREAS, Bert E. Mahon and Mary L. Mahon desire to lease the
land at the airport on the terms continued in the attached lease;
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
` SECTION I. That it approves the lease of airport property to
thetattached pleaand Mar L. Mahon in se and the City Manager o isa authorizedhtot execute
the lease on behalf of the city.
SECTION Ii. That this ordinance shall become effective
imme ate y upon its passage and app
Passed and Approved this the day of 1989.
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ATTEST:
JENNIFER W TERS, C1 S CRET
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APPROVED AS TO LEGAL FORM:
{ DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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AIRPORT LEASE BETWEEN THE
CITY OF DENTON AND BERT c MAHON ND MARY L MMQ
This agreement, hereinafter referred to as "Lease" is made and
executed this day of , 1989, at Denton, Texas,
by and between the CITY OF DENTON, a municipal corporation of the
State of Texas, hereinafter referred to as "Lessor", and BERT E.
MASON AND MARY L. MASON, husband and wife, having their residence
at 1803 Concord Lane, Denton, Texas, hereinafter referred to as
"Lessee".
WITNESSETH:
WHEREAS, Lessor now owns, controls and operates the Denton
Municipal Airport ("Airport") in the City of Denton, County of
Denton, State of Texas; and
WHEREAS, Lessee desires to lease land on the Airport and
construct and maintain an aircraft storage hangar and associated
facilities thereon;
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NOW, THEREFORE, in consideration of the premises and the
mutual covenants contained in this Lease, the parties agree as
follows:
I. CONDITIONS OF LEASE
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED,
THE LANGUAGE IN PARAGRAPHS A THROUGH C OF THIS SECTION SHALL BE
BINDING.
A. Non-Discrimination.
The Lessee, for itself, its personal
representatives, successors in interest, and assigns, as t part of
the consideration hereof, does hereby covenant and agree as a
covenant running with the land that:
(1) In the construction of any improvements on, over, or
under such land and the furnishing of services thereon,
no person on the grounds of race, religion, color, sex,
or national origin shall be excluded from participation
in, denied the benefits of, or otherwise be subjected to
discrimination.
(2) The Lessee, shall use the Premises incompliance with all
requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation,
3 Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally Assisted Programs of the
MASON LEASE/Page 1
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Department of Transportation-Effectual of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be
amended.
In the event of breach of any of the above non-discriminatory
covenants, Lessor shall have the right to terminate the Lease and
to reenter and repossess said land and the facilities thereon, and
hold the same as if said Lease had never been made or issued. This
provision does not become effective until the procedures of 49 CFR
Part 21, as amended, are followed and competed, including the
expiration of appeal rights.
H. Public Areas.
(1) Lessor reserves the right to further develop or improve
the landing area of the Airport as it sees fit,
regardless of the desires or view of the Lessee, and
without interference or hindrance.
(2) Lessor reserves unto itself, its successors and assigns,
for the use and benefit of the flying public, a right of
flight for the passage of aircraft above the surface of
the Premises described herein, together with the right
to cause in said airspace such noise as may be inherent
in the operation of aircraft now known or hereafter used,
for navigation of or flight in the said airspace, and for
use of said airspace for landing on, taking off from, or
operating on the Airport.
(3) Lessor shall be obligated to maintain and keep in repair
the landing area of the Airport and shall have the right
to direct and control all activities of Lessee in this
regard.
(4) During time of war or national emergency, Lessor shall
have the right to lease the landing area or any part
thereof to the United States Government for military or
naval use, and, if such lease is executed, the provisions
of this instrument insofar as they are inconsistent with
the provisions of the lease to the Government, shall be
suspended.
(5) Lessor reserves the right to take arty action it considers
necessary to protect the aerial approaches of the Airport
against obstruction, together with the right to prevent
Lessee from erecting, or permitting to be erected, any
building or other structure on or adjacent to the Airport
which, in the opinion of the Lessor, would limit the
' usefulness or safety of the Airport or constitute a
I1 hazard to aircraft or to aircraft navigation.
MAHON LEASE/Page 2
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(6) This Lease shall be subordinate to the provisions of any
existing or future agreement between Lessor and the
United States or agency thereof, relative to the
operation or maintenance of the Airport.
II. LEASED PREMISES
Lessor, for and in consideration of the covenants and
agreements herein contained to be kept by Lessee, does lease to
Lessee, and Lessee does hereby lease from Lessor the tract of land
as shown in Attachment "A", attached hereto and incorporated herein
by reference, described as follows:
All that certain tract or parcel of land situated in the
Thomas Toby Survey, Abstract Number 1285, Denton County,
Texas, and being part of a tract shown by deed to City
h of Denton, recorded in Volume 304, Page 503, Deed Records
of Denton County, Texas, and being more particularly
described as follows:
BEGINNING at a set half-inch rebar at a point north 131
39' 31" east 229.68 feet from a concrete monument marked ,
DTO-B-1979;
THENCE north lQ 33' 09" east a distance of 180.0 feet to
a point for corner;
` THENCE south 880 14' 51 east a distance of 110.74 feet
to a point for corner;
THENCE south 212 45' 54" east a distance of 195.52 feet
'I to a set half-inch rebar for corner;
THENCE north 882 33' 54" west a distance of 188.24 feet
to the Point of Beginning and containing 0.6171 acres of
land (or 26,881.03 square feet).
For the purposes of this Lease, the term "Premises" shall mean
the property located within the land described above. J
4 III. TERM
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The term of this Lease shall be for a period of twenty-five
I (25) years, commencing on 15th day of January, 1989, and
continuing through the 14th day of January, 2014, unless earlier
terminated under the provisions of this Lease. Lessee shall have
~I the right and option to extend the term of this Lease for two
additional five (5) year terms after the expiration of the initial
twenty-five (25) year term. Should Lessee desire to exercise
MAHON LEASE/Page 3
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either such option, Lessee shall give written notice thereof to
Lessor at least one hundred eighty (180) days prior to the
expiration of the initial term or first additional five-year term
of this Lease, whichever the case may be. In the event Lessee
fails to give written notice within the required time, the option
to extend shall automatically terminate. In the event Lessee
timely exercises the option to extend, this Lease shall be extended
for an additional five-year term upon the same terms and conditions
provided for in this Lease.
IV. RENTALS AND PAYMENTS
Lessee covenants and agrees to pay to Lessor, as consideration
for this Lease, payments and rentals as follows:
A. First Year Rent. Lessee shall pay to the Lessor rent for
the use and occupancy of the Premises for the first year of this
Lease, on or before January 15, 1989, the sum of eight cents (80)
per square foot per year, for a total of Two Thousand One Hundred
Fifty Dollars and Forty-eight Cents ($2,150.48).
B. Annual Rental Adjustments. For subsequent years the yearly
rental shall be based on the All Urban Consumer Price Index (CPI-U)
for the Dallas/Fort Worth, Texas, Standard Metropolitan Statistical
Area, as compiled by the U.S. Department of Labor, Bureau of Labor
Statistics, using 1967 - 100 as the base period. The rental for
each year subsequent to the initial year of this Lease, including
any year in any additional term provided for in this Lease, shall
be computed by dividing the sum of $2,150.48, the amount of rent
for the initial year of the Lease, by the index number for January
1989, the first month of the initial year of the Lease, then
multiplying that amount by the index number for the month of
October in the year immediately preceding the initial month of the
subsequent year of the Lease. Lessor shall notify Lessee of the
rental amount to be paid for each subsequent year of the Lease at
least thirty (30) days prior to the beginning of each subsequent
year. The annual rental so calculated for each subsequent year
shall be paid annually as provided herein.
C. Payment and Penalty. All payments made hereunder by Lessee
shall be made to Lessor at the offices of the Finance Department
of the Lessor of Denton, Accounts Receivable, 215 E. McKinney,
Denton, Texas 76201, unless Lessee is notified to the contrary in
writing by Lessor. All yearly rental payments shall be due and
payable in advance on or before January 15 of each year and shall
be paid by Lessee without demand or notice from Lessor. All rental
amounts paid by Lessee after the twenty-fifth (25) day of January
in the year due will be delinquent and shall include an additional
monetary amount (penalty) which shall equal five percent (5%) of
9 the annual rental amount due. Failure of Lessee to pay the five
MAHON LEASE/Page 4
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percent (5%) monetary penalty on delinquent rent shall constitute
an event of default of this Lease.
V. RIGHTS AND OBLIGATIONS OF LESSEE
A. Use of Premises. Lessee is granted the right to use the
Premises for the storage, maintenance, fueling and repair of
aircraft owned and operated by the Lessee and Lessee's family or
invitees. Lessee may not use any portion of the Premises for any
use not authorized by this Lease, including any industrial,
commercial or retail business or any other business operations
which furnish or provide any product or service to the general
public or other lessees of Airport property. No permanent dwelling
or domicile may be built, moved to or established on or within the
Premises nor may the Lessee, its tenants, invitees, or guests be
permitted to reside or remain as a resident on or within the
Premises or other Airport Premises.
B. General Access to Premises. Subject to the reasonable
rules, regulations, or directives of Lessor, Lessee -shall, in
common with others so authorized, have the nonexclusive right and
privilege over and through the Airport property and the right of
ingress to and egress from the Premises for its employees, agents,
guests, and invitees, suppliers of materials and furnishers of
services.
C. Standards. During the Lease term, Lessee shall comply with
the following requirements and standards:
(1) Address. Lessee shall file with the Airport Manager and
keep current its mailing address, telephone number(s) and
contacts where its authorized official can be reached in
an emergency.
(2) List of Tenants. Lessee shall file with the Airport
Manager and keep current a list of any tenants or
sublessee authorized by this Lease and shall
contractually require its tenants and sublessee to abide
by the terms of this Lease. Lessee shall promptly
enforce its contractual rights in the event of a default
of such covenants.
(3) Utilities. Taxes And Fees. Lessee shall meet all
expenses and payments in connection with the use and
occupancy of the Premises and the rights and privileges
herein granted, including the timely payments of
4 utilities, taxes, permit fees, license fees and
assessments lawfully levied or assessed. Lessee herein
agrees to timely pay to all lawful taxing authorities an
I ad valorem property tax on all improvements constructed
MAHON LEASE/Page 5
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by the Lessee on the Premises, and to comply with all tax
laws pertaining to the Premises, including those
promulgated in the future.
(4) Rules Reaulationet and Restrictions. Lessee shall comply
with all laws, codes, ordinances, rules, and regulations,
either existing or those promulgated in the future, by J
the Lessor, the County of Denton, the State of Texas, the l
United states of America, and the Federal Aviation
Administration, or their successors applicable to the
Premises or use thereof. Lessee's use of the Premises
shall at all times be in compliance with and subject to
any covenants, restrictions, and conditions of record
pertaining to the use and occupancy of the Premises.
Lessee shall not operate or permit the operation of any
transmitter devices, electrical signal producers, or
machinery on the Premises which could interfere with the
electronic aircraft navigation aids or devices located
on or off Airport property. Lessee shall not be
permitted to engage in any business or operation on the
Premises which would produce obstructions to visibility
or violate height restrictions as set forth by the
Federal Aviation Administration or the Lessor.
i
(5) Height Restriction And Airspace Protection. The Lessee
agrees for itself, its successors, and assigns to
restrict the height of structures, objects of natural j
growth and other obstructions on the Premises to a height J
as established in City of Denton Ordinance 81-1, as the
same may be amended from time-to-time. The Lessee also
agrees for itself, its successors, and assigns to prevent
any use of the Premises which would interfere with
landing or taking off of aircraft at the Airport, or
otherwise constitute an airport hazard. Lessee hereby
forfeits all claims to aviation rights over the Premises.
(6) Maintenance. Lessee shall be responsible for all
maintenance and repair of the Premises, including
buildings, structures, grounds, pavements, and utilities.
Lessee shall be responsible for grass cutting, collection
and removal of trash and for such other maintenance
requirements as may arise. Lessee agrees to keep the
Premises, together with all improvements, in a safe,
clean and attractive condition at all times. Lessee
shall not change the original color or texture of the
i exterior walls of any structures or improvements without
the written consent from Lessor.
(a) ~irtina of Buildings. During the original term of
this Lease and during each extension, Lessor shall
i
MAHON LEASE/Page 6
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have the right to require, not more than once every
five years, that the exterior of each hangar or
building located on the Premises be reviewed by the
Airport Board for the purpose of determining whether
painting of the exteriors of such buildings or
hangars is necessary. If the Airport Boar'
determines painting is necessary, it shall furnish
a recommendation to this effect to the City Council.
The Council, may, upon the Board's recommendation,
require Lessee to repaint said exteriors according
to Lessor's specifications (to specify color of
paint, quality of paint, number of applications,
quality of workmanship and the year and month in
which each hangar or building is to be painted, if
needed). Lessee shall complete the painting in
accordance with such specifications within aix (6)
months of receipt of notice from Lessor. Lessee
agrees to pay all costs of the required painting.
Failure of Lessee to complete the painting required
by Lessor's City Council within the six (6) month
period shall constitute Lessee's default under this
Lease.
(b) Storage. Lessee shall not utilize or permit others
to utilize areas on the Premises which are located
on the outside of any hangar or building for the
storage of wrecked or permanently disabled aircraft,
aircraft parts, automobiles, vehicles of any type,
or any other equipment or items which would distract
from the appearance of the Premises.
(7) Quit Possession. Lessee shall quit possession of the
Premises at the end of the primary term of this Lease or
any renewal or extension thereof, and deliver up the
Premises to Lessor in as goof condition as existed when
possession was taken by Lessee, reasonable wear and tear
excepted.
(8) Chemicals. Lessee shall properly store, collect and
dispose of all chemicals and chemical residues; properly
store, confine, collect and dispose of all paint,
including paint spray in the atmosphere, and paint
products; and comply with all local, state and federal
laws and regulations governing the storage, handling or
disposal of chemicals and paints. Lessee shall not
utilized, store, dispose, or transport any material,
F fluids, solids or gaseous substances on the Premisea
which are considered by the Environmental Protection
Agency to be a hazard to the health of the general public
and undertake any activity on the Premises that would
produce noxious odors.
MAHON LEASE/Page 7
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(9) Siang. Lessee shall have the right, at its own expense,
to place in or on the Premises signs identifying Lessee.
The signs shall be of a size, shape and design, and at
a location or locations, approved by the Lessor and in
conformance with any overall directional graphics or sign
program established by Lessor on the Airport. The signs
shall he maintained in repair. Notwithstanding any other
provision of this Lease, the signs shall remain the
property of Lessee. Lessee shall remove, at its expense,
all lettering, signs and placards so erected on the
Premises at the expiration of the term of this Lease or
extensions thereof.
(10) Use of Runways and Taxiways. That because of the present
sixty thousand (60,000) pound continuous use weight
bearing capacity of the runway and taxiways of the
Airport, Lessee shall limit all aeronautical activity
including landing, take-off and taxiing, to aircraft
having an actual weight, including the weight of its I
fuel, of sixty thousand (60,000) pounds or less, until
such time that the runway and designated taxiways on the
Airport have been improved to handle aircraft of a
j greater weight, Based on qualified engineering studies,
the weight restrictions and provisions may be adjusted
up or down by Lessor and Lessee agrees to abide by any
such changes or revisions as such studies may dictate.
"Aeronautical Activity" referred to in this clause shall
include that activity of the Lessee, its agents,
subcontractors, and invitees. Should Lessee negligently
disregard the provisions of this section, Lessor may
immediately terminate this Lease. Lessee agrees to pay
to Lessor upon demand for any damage, as determined by
Lessor, to Airport property that results from a violation
of this section. 1
(11) parkins. The parking of motor vehicles on Airport J
property by Lessee, Lessee's guests or invitees, shall
be subject to any regulations, restrictions or directions
imposed by Lessor.
1
C. Connection to Utilities. Lessee may connect to any I,
existing water mains serving the Premises, in accordance with and
upon payment of any tap or connection fees, as specified by
Lessor's ordinances applicable to utility customers, provided,
however, Lessee shall not be liable to Lessor for any water pro
rata payments as a result of the connections made.
D. Abatement of Violations. Should Lessee violate any law, {
rule, restriction or regulation of the Lessor of Denton or the
i
Federal Aviation Administration, or should the Lessee engage in or
MAHON LEASE/Page B
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permit other persons or agents to engage in activities which could
produce hazards or obstruction to air navigation, obstructions to
visibility or interference with any aircraft navigational aid
station or device, either airborne or on the ground, then Lessor
shall state such violation in writing and deliver written notice
to Lessee or Lessee's agent on the Premises, or to the person on
the Premises who are causing said violation, and upon delivery of
such written notice, Lessor shall have the right to demand that the
person responsible for the violation cease and desist from all such
activity creating the violation. In such event, Lessor shall have
the right to demand that corrective action, as required, be
commenced immediately to restore the Premises into conformance with +
the particular law, rule or aeronautical regulation being violated.
Should Lessee, Lessee's agent, or the person responsible for the
` violation fail to cease and desist from said violation and to
immediately commence correcting the violation, and to complete said
corrections within twenty-four (24) hours following written
notification, then Lessor shall have the right to enter on to the
I Premises and correct the violation, and Lessor shall not be
responsible for any damages incurred to any improvements on the
Premises as a result of the corrective action process. LeFsov
shall submit an invoice to Lessee for the cost of the repairs and
Lessee shall pay said invoice within thirty (30) days.
! E. Record{na Qf Lease. Within thirty (30) days after the
M E date of execution of this Lease, Lessee shall at its own expense
E record a copy of this Lease in the Real Property Records of Denton
County, Texas, a copy of which recorded lease shall be provided to
Lessor.
` VI. RIGHTS AND OBLIGATIONS OF LESSOR
Within ninety (90) days of the
l A. yehicu ar Access
I effective date of this Lease, Lessor shall construct, at Lessor's {
cost, a vehicular access road from the existing road to the
boundary of the Premises, in the approximate location as shown in
Attachment "A". The road shall be of a minimum width of twenty
(20) feet and shall be of tar and chip gravel, or other appropriate
materials determined by Lessor. Lessor shall be responsible for j
the maintenance of the road during the Lease term.
4 B. Peaceful Enjoyment. That on payment of rent, fees, and
performance of the covenants and agreements on the part of Lessee
to be performed hereunder, Lessee shall peaceably hold and enjoy
h the Premises and all rights and privileges herein granted.
1 C. Compliancg. Lessor warrants and represents that in the
establishment, construction and operation of the Airport, that
Lessor has heretofore and at this time is complying with all
existing rules, regulations, and criteria distributed by the
I
MAHON LEASE/Page 9
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Federal Aviation Administration, or any other governmental
authority relating to and including, but not limited to, noise
abatement, air rights and easements over adjoining and contiguous
areas, over-flight in landing or takeoff, to the end that Lessee
will not be legally liable for any action of trespass or similar
cause of action by virtue of any aerial operations over adjoining
property in the course of normal takeoff and landing procedures
from the Airport. Lessor further warrants and represents that at
all times during the t9rm hereof, or any renewal or extension of
same, that it will continue to comply with the foregoing.
C. Easements,, Lessor shall have the right to establish
easements, at no cost to Lessee, upon the Premises for the purpose
of providing utility services to, from, or across the Airport
property or for the construction of public facilities on the
Airport. However, any such easements shall not interfere with
Lessee's use of the Premises and Lessor shall restore the property
to its original condition upon the installation of any utility
services on, in, over or under any such easement at the conclusion
of such construction. Lessee shall not have the right to levy
fees, charges, or receive any compensation for any exercised right
of easement by Lessor or Lessor's authorized agent.
i F
VII. LEASEHOLD AND OTHER IMPROVEMENTS
A. Improvements by Lessee. Lessee may construct upon the
Premises, at its own cost and expense, an aircraft storage hanger
with attached aircraft maintenance and repair shop, office and
pilot's lounge area, bathroom facilities, a covered open-air
pavilion and other buildings, hangars, structures, and leasehold
improvements that Lessor and Lessee mutually agree are necessary
for the use of the Premises authorized by this Lease.
B. Rewired Plat and Building Plans. Lessee shall, prior to
constructing any improvements on the Premises, submit to the Lessor
for its approval, a plat of the property and the detailed
construction and building plans and specifications for the proposed
improvements. The required plat and plans shall be submitted in
the form and manner specified by Lessor's ordinances and Lessee
shall, at the time of submission pay all processing, permit, and
approval fees applicable thereto, as specified by Lessor's
ordinances. The plat submitted shall conform to regulation and
requirements of Lessor's Subdivision and Land Development
Regulations. Any building, hanger, or other improvement plans and
specifications submitted for initial construction, or any
additional improvements to be made thereafter, shall conform to the
following reSriirements:
a
(1) Buildings, hangers, or structures shall conform with and
be compatible with the overall size, shape, color,
MAHON LEASE/Page 10
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quality, design, appearance, and general plan of the
program established by the Lessor's Master Plan for the
Airport, as approved by the City Council, copies which
are on file at the office of the Airport Manager and the
City Secretary.
(2) The regulations and requirements of the Lessor's
Building; Fire, Electrical, Plumbing, and other
applicable Codes and ordinances of Lessor applicable to
the improvements to be made.
(3) All buildings, including hangers, shall be designed and
constructed so as to have an anticipated life of at
least thirty-five (35) years.
_ (4) Any rules or regulations of the any Federal or State
agency having jurisdiction thereof.
(5) Contain the estimated cost of the construction of the
improvements to be made.
C. Approval of Plans. within sixty (60) days of proper
submission of the plat and plans, and payment of the applicable
fees, Lessor shall approve or disapprove the plat and plans.
Should Lessor fail to approve or disapprove of the required plat
i or plans within the sixty (60) days, the plat and plans shall be
deemed approved. Should the Lessor timely disapprove the plat or
plans, it shall give notice to the Lessee of the reason for the
disapproval. No construction of any improvements shall begin
until and unless the plans and specifications are approved by
Lessor.
D. Airplane Taxiway Access.
(1) Taxiway Improvements by Lessee, The Lessee acknowledges
that on the effective date of this Lease, there are no
existing taxiway improvements to serve the Premises and
that Lessee shall be responsible, at no cost to Lessor,
of providing any necessary taxiway improvements which are
necessary to serve the Premises. The area designated as
"taxiway" on attachment "A" shall be the general area
used, as more specifically designated by Lessor prior to
the beginning of construction, to provide for taxiway
access to serve the Premises. Prior to beginning the
taxiway improvements, the plans therefore shall be
submitted and approved in accordance with the provisions
for other leasehold improvements.
(2) "3 and Maintenance of Taxiway Provided by Lessee.
Lessee shall be solely responsible for the maintenance
of the taxiway access provided, and shall keep the
MAHON LEASE/Page 11
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taxiway in good condition, free of obstructions and
defects. The use of the taxiway access shall be subject
to the reasonable rules, regulations, or directives of
Lessor.
E. ownership of Improvements. All buildings and improvements J
constructed upon the Premises by Lessee shall remain the property 1
of Lessee throughout the term of the Lease, except as otherwise
provided in this Lease. All buildings and improvements of whatever
nature remaining upon the Premises at the end of the primary term, l
or any extension thereof, of this Lease shall automatically become
the property of Lessor absolutely in fee without any cost to
Lessor.
F. Removal of Hangars or Buildings. In the event that Lessee
should remove any building or hangar from the Premises, where such
removal is authorized by this Lease, Lessee herein agrees to comply
with the following terms:
(1) Prior to commencing the hangar or building removal
process, the Lessee and Lessor shall agree on the best
E method to remove the building, including where to cut
j water lines, electrical wire, plumbing and other fixtures
or utilities, so as to cut said fixtures to allow the
future use of these fixtures.
(2) The buildings shall be removed completely from the
f surface of the concrete slab and up, with the exception
of cut utility lines. All interior fixtures shall be
removed including sinks, commodes, dividing walls and all
other items or fixtures that would prevent the concrete
slab from being as free as possible from all
obstructions. I
(3) Removal of hangars or buildings shall begin and be
completed prior to Lessee's designated termination date.
(4) All hangar and building slabs, aircraft parking aprons,
taxiways, and all other similar improvements on the I
Premises shall remain on the Premises and shall become
the property of the Lessor without costs to Lessor.
I
(5) Lessee shall be responsible for the removal of all refuse
and debris from the Premises prior to vacating the
Premises.
4 (6) Lessee shall be responsible for all costs involved in the
removal of the hangar or building, including costs of
permits or fees.
(7) Lessee shall be responsible for any damage caused to any
MAHON LEASE/Page 12
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improvements on the Premises during the building or
hangar removal process, and Lessee herein agrees to
repair or replace, at Lessee's expense, any improvements
damaged by Lessee during the removal of said structures.
VIII. SUBROGATION OF MORTGAGEE
Lessee shall have the right to place a first mortgage lien
upon its leasehold in an amount not to exceed eighty percent (80%)
of the cost of the capital improvements. The terms and conditions
of such mortgage loan shall be subject to the approval of Lessor
and Lessee shall submit copies of the loan documents, including the
loan application, to Lessor. Lender's duties and rights are as
follows:
1. The Lender shall have the right, in case of default, to
assume the rights and obligations of Lessee herein and
become a substituted Lessee, with the further right to
assign the Lessee's interest to a third party, subject
to approval of Lessor. Lender's obligations under this
Lease as substituted Lessee shall cease upon assignment
to a third party as approval by Lessor.
i 2. As a condition precedent to the exercise of the right
V granted to Lender by this paragraph, Lender shall notify
I Lessor of all action taken by it in the event payments
I on such loans shall become delinquent. Lender shall also ,
€ notify Lessor, in writing, on any change in the identity
or address of the Lender.
3. All notices required by the Lease to be given by Lessor
to Lessee shall also be given by Lessor to Lender at the
same time and in the same manner provided Lessor has been
furnished with written notice of Lender's interest and
its address. Such notice shall be given to the City
Secretary and the Airport Manager. Upon receipt of such
notice, Lender shall have the same rights as Lessee to
correct any default.
IX. INSURANCE
A. Lessee shall maintain continuously in effect at all times
during the term of this Lease or any extension thereof, at Lessee's
expense, comprehensive general liability insurance covering the
Premises, the Lessee, its personnel and its operations on the
Airport, for bodily injury and property damage in the minimum
amount of $250,000, combined single limits on a per occurrence
basis.
B. All policies shall be issued by a company authorized to
MAHON LEASE/Page 13
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do business in the State of Texas, be approved by the Lessor,
copies of which shall be provided to Lessor. The policies shall
name the Lessor as an additional named insured and shall provide
for a minimum of thirty (30) days written notice to the Lessor
prior to the effective date of any cancellation or lapse of such
policies.
C. During the original or extonded term of this Lease, Lessor
herein reserves the right to adjust or increase the liability
insurance amounts required of the Lessee, and to require any
additional rider, provisions, or certificates of insurance, and
Lessee hereby agrees to provide any such insurance requirements as
may be required by Lessors provided however, that any requirements
shall be commensurate with insurance requirements at other public
use airports similar to the Airport in size and in scope of
aviation activities, located in the southwestern region of the i
United States. For the purpose of this Lease, the Southwestern
region of the United States shall be the states classified as the
Southwestern region by the Federal Aviation Administration.
i D. Lessee herein agrees to comply with all increased or
adjusted insurance requirements that may be required by the Lessor
throughout the original or extended term of this Lease, including
types of insurance and monetary amounts or limits of insurance, and
to comply with s11d insurance requirements within sixty (60) days
following receipt of a notice in writing from Lessor stating the
increased or adjusted insurance requirements. Lessee shall have
the right to maintain in force types of insurance and amounts of
insurance which exceed Lessor's minimum insurance requirements.
1
j E. In the event that State law should be amended to require
types of insurance or insurance amounts which exceed those of like
or similar public use airports in the southwestern region of the
United States of America, then in such event, Lessor shall have
the right to require that Lessee maintain in force types of
insurance or the amount of insurance as specified by state Law.
X. INDEMNITY
A. Lessee agrees to indemnify, defend, and hold harmless
Lessor and its agents, employees, and representatives from and
against all liability for any and all claims, suits, demands, or
actions arising from or based upon intentional or negligent acts
or omissions on the part of Lessee, its agents, representatives,
employees, members, patrons, visitors, contractors and
subcontractors, or sublessees, if any, which may arise out of or
4 result from Lessee's occupancy or use of the Premises or activities
conducted in connection with or incidental to this Lease.
WAON LEASE/Page 14 1i
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B. This Indemnity Provision extends to any and all such
claims, suits, demands, or actions regardless of the type of relief
sought thereby, and whether such relief is in the form of damages,
judgments, and costs and reasonable attorney's foes and expenses,
or any other legal or equitable form of remedy. This Indemnity
Provision shall apply regardless of the nature of the injury or
harm alleged, whether for injury or death to persons or damage to
property, and whether such claims be alleged at common law, or
statutory, or constitutional claims, or otherwise. This Indemnity
Provision shall apply whether the basis for the claim, suit,
demand, or action may be attributable in whole or in part to the
Lessee, or to any of its agents, representatives, employees,
members, patrons, visitors, contractors, and subcontractors, or
sublessees, if any, or to anyone directly or indirectly employed
by any of them. i
C. This Indemnity Provision also extends to any claim or
liability for harm, injury, or any damaging events which are
directly or indirectly attributable to premise defects or
conditions which may now exist or which may hereafter arise upon
the Premises, any and all such defects being expressly waived by
Lessee. Lessee understands and agrees that this Indemnity
Provision shall apply to any and all claims, suits, demands, or
actions based upon or arising from any such claim asserted by or
on behalf of Lessee or an of its members
E agents, employees, contractors and subcontract rs,r ors sublessees,
if any.
D. It is expressly understood and agreed that the Lessor ,
shall not be liable ox responsible for the negligence of Lessee,
its agents, servants, employees or sublessees, if any. Lessee
further agrees that it shall at all times exercise reasonable
precautions for the safety of, and shall be solely responsible for
the safety of its agents, representatives, employees, members,
patrons, visitors, contractors and subcontractors, sublessees, if
any, and other persons, as well as for the protection of supplies
and equipment and the property of Lessee or other persons.
E. Lessee and Lessor each agree to give the other party prompt
and timely notice of any such claim made or suit instituted which
in any way, directly or indirectly, contingently or otherwise,
affects or might affect the Lessee or the Lessor. Lessee further
agrees that this Indemnity Provision shall be considered as an
additional remedy to Lessor and not an exclusive remedy.
XI. CANCELLATION BY LESSOR
All the terms, restrictions, covenants, and conditions
pertaining to the use and occupancy of the Premises are conditions
of this Lease and the failure of the Lessee to comply with any of
MAHON LEASE/Page 15
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the terms, conditions, restrictions, covenants, and conditions
shall be considered a default of this Lease, and upon default, the
Lessor shall have the right to invoke any one or all of the
following remedies.
A. Should Lessee fail to pay the annual rental amounts or fees
prescribed in this Lease, such failure shall constitute a default
of this Lease, and Lessor may give written notice to Lessee of
Lessee's failure to pay and demand payment in accordance with the
Lease terms. Should Lessee fail to pay the annual rental amount
within twenty (20) days following receipt of written notice from
Lessor, then Lessor may terminate this Lease.
B. In the event that Lessee fails to comply with any other
terms, conditions, restrictions and covenants pertaining to this
Lease, Lessor shall give Lessee notice of said breach, and request
Lessee to cure or correct the same. Should Lessee fail to correct
said violation(s) or breach within thirty (30) days following
receipt of said notice, then Lessor shall have the right to
terminate this Lease. Should this Lease be terminated by Lessor
for failure of Lessee to correct said breach or violation within
j the thirty (30) day cure time, Lessee shall forfeit all rights to
all improvements on the Premises and all improvements on the
Premises shall become the property of the Lessor.
C. In addition to termination of this Lease for the breach of
terms and conditions herein, the Lessor shall have the r.'.ght to ;
terminate this Lease for the following reasons:
(1) in the event that Lessee shall file a voluntary petition
in bankruptcy or proceedings in bankruptcy rhall be
instituted against Lessee and Lessee thereafter is
adjudicated bankrupt pursuant to such proceedings, or any
court shall take jurisdiction of Lessee and its assets
pursuant to proceedings brought under the provisions of
any federal reorganization act; or if a receiver shall
take jurisdiction of Lessee and its assets pursuant to
proceedings brought under the provisions of any federal
reorganization act; or if a receiver for Lessee's assets
is appointed.
(2) In the event that Lessee should make an assignment of
this Lease, for any reason, without the approval of and
written consent from Lessor.
j D. Upon termination or cancellation of this Lease and provided
I all monies due Lessor have been paid, Lessee shall have the right
to remove its personal property, provided such removal does not
cause damage to any part of the hangar, structure or improvements.
f Lessee shall remove all personal property from the Premises within
ten (10) days after the termination. If Lessee fails to remove
MAHON LEASE/Page 16
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its personal property as agreed, Lessor may elect to retain
possession of such property or may sell the same and keep the
proceeds, or may have such property removed at the expense of
Lessee.
Where, upon termination of the Lease, the fixed improvements
become the property of Lessor as provided herein, Lessee shall
repair, at its own expense, any damage to the fixed improvements, J
resulting from the removal of personal property and shall leave
the Premises in a neat and clean condition with all other
improvements in place.
E. Failure of Lessor to declare this Lease terminated upon the
default of Lessee for any of the reasons set out shall not operate
to bar, destroy, or waive the right of Lessor to cancel this Lease
by reason of any subsequent violaticn of the terms hereof. The
acceptance of rentals and fees by Lessor for any period or periods
after a default of any of the terms, covenants, and conditions
herein contained to be performed, kept, and observed by Lessee
shall not be deemed a waiver of any rights on the part of the
Lessor to cancel this Lease for failure by Lessee to so perform,
keep or observe any of the terms, covenants or conditions hereof
to be performed, kept and observed.
~ I
XII. CANCELLATION BY LESSEE
Lessee may cancel this Lease, in whole or part, and terminate ;
all or any of its obligations hereunder at any time, by thirty (30)
days written notice, upon or after the happening of any one of the J
following events: (1) issuance by any court of preventing or
restraining the use of said Airport or any part thereof for Airport
purposes; (2) the breach by Lessor of any of the covenants or
agreements contained herein and the failure of Lessor to remedy
such breach for a period of ninety (90) days after receipt of a
written notice of the existence of such breach; (3) the inability
of Lessee to use the Premises and facilities continuing for a 1
I
longer period than ninety (90) days due to any law or any o tier,
rule, or regulation of any appropriate governmental authority
having jurisdiction over the operations of Lessor or due to war.,
earthquake or other casualty; or (4) the assumption or recapture
by the United States Government or any authorized agency thereof
of the Premises for the maintenance and operation of said Airport
and facilities or any substantial part or parts thereof.
Upon the happening of any of the four events listed in the
preceding paragraph, such that the Premises cannot be used for
I authorized purposes, then Lessee may cancel this Lease or may elect
d to continue this Lease under its terms.
In the event that Lessee should elect to cancel this Lease as
MAHON LEASE/Page 17
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Provided herein, Lessor shall have the right to purchase the
improvements at a value determined by having such improvements
appraised by three appraisers, one appointed by Lessor, one
appointed by Lessee, and one appointed by the two appraisers. The
costs of the appraisal shall be paid by Lessor. Within sixty (60)
days of the delivery of a written appraisal report by the
appraisers to Lessor, Lessor shall notify Lessee in writing of its
decision to purchase all or part of the hangers or buildings. If
Lessor exercises its right to purchase, it shall make payment to
Lessee of the appraised value of the buildings or hangers to be
purchased within thirty (30) days of the written notice.
kIII. MISCELIANEous PROVISIONS
A. Enti7:e Agreement. This Lease constitutes the entire
understanding between the parties and as of its effective date 1
supersedes all prior or independent agreements between the parties
c.vering the subject matter hereof. Any change or modification
herccr shall be in writing signed by both parties.
B. Subletting or Assignment. The Lessee shall not rent, or
I, sublease the Premises, or any portion thereof, or assign this
Lease, without prior written consent of the Lesser. If approved
by Lessor, any tenant, sublessee, or assignee shall be subject to
j the same conditions, obligations and terms as set forth herein.
C. Lease Binding on Successors and Assigns. All covenants,
agreements, provisions and conditions of this Lease shall be
binding upon and inure to the benefit of the respective parties
hereto and their legal representatives, successors or assigns. No
modification of this Lease shall be binding upon either party
unless written and signed by both parties.
D. Effect of Condemnation. If the whole or any part of the
Premises shall be condemned or taken by eminent domain proceedings
by any city, county, state, federal or other authority for any
purpose, then the term of this Lease shall cease on the part so
taken from the day the possession of that part shall be required
for any purpose and the rent shall be paid up to that day, and from
that day Lessee shall have the right to continue in the possession
of the remainder of the Premises under the terms herein provided,
except that the rent shall be adjusted to such amount as the
parties hereto shall negotiates but, under no circumstances shall
the rent be greater than the rental per square foot provided for
herein. All damages awarded for such taking of and for any public
purpose shall belong to and be the property of Lessor. All damages
awarded for such taking of structures, improvements or businesses
that were constructed by Lessee shall be reflective of their value
for the remainder of the Luse term and be awarded to Lessee, the
remainder to be awarded to Lessor.
MAHON LEASE/Page 18
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M E. a"UAbility. If any provision hereof shall be finally
declared void or illegal by any court or administrative agency
j having jurisdiction, the entire Lease shall not be voids but the
remaining provisions shall continue in effect as nearly as possible
in accordance with the original intent of the parties.
F. Notice. Any notice given by one party to the other in
connection with this Lease shall be in writing and shall be sent J
by registered mail, return receipt requested, with postage and 1
registration fees prepaid, as follows:
addressed to:
1. If to Lessor,
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
2. IP to Lessee, addressed to.
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Bert E. Mahon
1803 Concord Lane
Denton, Texas 76205
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt.
G. Headings. The headings used in this Lease are intended
for convenience of reference only and do not define or limit the
scope or meaning of any provision of this Lease.
I H. Qyernina Law. This Lease is to be construed in accordance
with the laws of the State of Texas.
IN WITNESS WHEREOF, the parties have executed this Lease as
f of the day and year first above written.
CITY OF DENTON, TEXAS, LESSOR
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BY:
LLOYD HARRELL, CITY MANAGER
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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MAgON LEASE/Page 19
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APPROVED AS TO LEGAL FORM:
' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
` BY: rn
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LESSEE
Bert E. Mahon
Mary L. Mahon
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STATE OF TEXAS
COUNTY OF DENTON
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This instrument was acknowledged before me on the day
of 1989, by Lloyd V. Harrell, City Manager
f of the City of Denton, Texas, a municipal corporation of the State
of Texas, on behalf of said corporation.
4 i Notary Public, State of Texas
` My commission expires:
,r
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day
of , 19890 by Bert E. Mahon.
Notary Public, State of Texas
' My Commission expires:
I
STATE OF TEXAS
COUNTY OF DENTON
i This instrument was acknowledged before me on the day
of , 19890 by Mary L. Mahon.
f Notary Public, State of Texas
My commission expires:
MAHON LEASE/Page 20
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January 10, 1989
CITY COUNCIL AGENDA ITEM
TO: MAYOP AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
RE: CONSIDER CONTRACT WITH FREESE b NICHOLS, INC. FOR
PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE
DEVELOPMENT OF A TWENTY-YEAR MASTER PLAN FOR IMPROVEMENTS
TO THE WASTEWATER TREATMENT PLANT.
RECOMMENDATION:
The Public Utilities Board, at their meeting of December 21,
1988, recommended approval of the attached contract fop the
professional engineering services of Freese 6 Nichols, Inc. ;or
a twenty-year Master Plan for improvements to the Wastewater
Treatment Plant.
SUMMARY:
The City of Denton has an urgent need to begin a Master Plan in
order to improve the current wastewater treatment system to meet
j 20-year flow projections, The attached contract will fulfill
this requirement as covered under Exhibit A, Scope of Services.
a
I BACKGROUND;
The Wastewater Treatment Plant has a rated aesign capacity of 12
MGD (million gallons per day) and an overflow design capacity of
18 MGD. The overflow capacity is to take care of stormwater
flows. The plant is permitted for 12 MGD.
From November 1987 to November 7988, the average total effluent
from the plant was 9.3 MGD (9.0 MGD to Pecan Creek and .3 MGD to
the Power Plant). The average daily maximum flows were 11.6 MGD
with the highest daily flow, which resulted from stormwater
inflows being 12.9 MGD.
State law requires that when monthly averar,e flows of a
wastewater treatment plant reach 75% of permitted flow,
must be initiated. Denton 's plan, is at 77% tf planning
ermitw,
State law also requires that when a plant reacheste90%loof
j permitted flow, construction must be initiated or a permit
application be filed to amend the rated permitted flows.
An engineering analysis and potential correction of infiltration
problems being undertaken at this time, could possibly delay the
need for plant expansions; however, a master plan for treatment
plant improvements is now needed to avert hurried design anu
rushed construction.
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City Council
Page 2
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The master plan completed this year should serve the City of
Denton well for the next eight to ten years. Beyond that time
period, proposed improvements are speculative.
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PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
All wastewater customers of the City of D,.r' i collection and
treatment system, the Utilities Department a, reese b Nichols,
i` - Inc.
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j FISCAL IMPACT:
The Professional Engineering Services contract of Freese 8
Nichols, Inc. for the twenty-year Master Plan in connection with
the wastewater Treatment Plant, is based on salary costs times a
I multipliev of 2.3, plus direct expenses times a multiplier of
i 1.0, with the maximum compensation not to exceed $104,750
without written authorization by the City.
Funds are available from the approved current expense budget as
I I follows:
I Amount: $50,000
Account Number: 620-082-0470-8550
Description: Wastewater Consulting Engineering Design/Bid
Amount: $609000
Account Number: 620-082-0472-8502 (Special Services)
Description: Wastewater Engineering Design/Bid
Re ctfully submitted,
0a ~ ZZ
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Hager
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Prepared/Approved by,
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Department of Utilities
Exhibit I Engineering Services Contract with Freese A Nichols
11 PUB Minutes of December 21, 1988
III Ordinance
6275U:3-4
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2262L
NO.
OF DENTON
AN ORDINANCE APPROVING AN AGREEMENT FOR BETWEEN THE CITY ENGINEERING
AND FREESE AND NICHCLS, INC. PROFESSIONAL
SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURF. OF FUNDS THEREFOR; AND PROVIDING FOR
AN EFFECTIVE DATE.
_ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves and
autho-rTzea ttie Mayor and City Secretary to execute and attest,
respectively, the agreement between the City of Denton and
Freese and Nichols, Inc. for the development of a twenty-yea,
master plan for improvements Lo the wastewater treatment p
parcontained t hereof in said agreement which
hereto dandconditions
is 1
dattached terms
SECTION II. That the City Council authorizes the
specified in
expeea tune o nds in the manner and amount as ape
the agreement. ;
SECTION III. That this ordinance shall become effective
imme ate y upon its passage and approval.
19 B~ • ~
PASSED AND APPROVED this the dcy of
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RAY STEPAEAr + ,II
ATTEST:
i APPROVED AS TO LEGAL FORM:
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DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY,
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DE:C -1.9 1988
THE STATE OF TEXAS § ENGINEERING SERVICES CONTRACT
BETWEEN THE CITY OF DENTON AND '
COUNTY OF DENTON § FREESE AND NICHOLS, INC.
THIS CONTRACT, by and between the CITY OF DENTON, a municipal
corporation, located in Denton County, Texas, hereinafter called
"CITY" and Freese and Nichols, Inc., a corporation authoriZLJ to
do business in the State of Texas, hereinafter called "ENGINEER",
evidences the following:
WHEREAS, CITY desires the professional engineering services
of ENGINEER, for the development of a twenty-year master plan for
improvements to its wastewater treatment plant, hereinafter
called "Project", and,
WHEREAS, ENGINEER is qualified and capable of performing the
professional engineering services proposed herein for this Pro-
ject and is willing to enter into this Contract with CITY to
perform said services;
NOW, THEREFORE, the parties in consideration of the terms and
conditions contained herein agreed as follows: ,
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EMPLOYMENT OF THE ENGINEER +
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ENGINEER agrees to perform professional engineering services
(Services) in connection with the Project as set forth in the
following sections of this contract, and CITY agrees to pay, and
i ENGINEER agrees to accept fees as set forth in the following
sections as full and final compensation for all services provided
under this Contract.
II.
ENGINEER'S SERVICES
I
A. The ENGINEER shall render services necessary for the
\ development of the Project as outlined herein. The Scope of
Services which ENGINEER agrees to perform is set forth in Exhibit
j "A", attached hereto and incorporated by reference herein.
ENGINEER shall exercise the same degree of care, skill and
diligence in the performance of the Services as is ordinarily
provided by a professional engineer under similar circumstances j
and ENGINEER shall, at no cost to owner, reperform services which
fail to satisfy the foregoing standard of performance.
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B. CITY agrees to assist ENGINEER by providing the following;
1. CITY will provide record construction documents,
and plant operating records for the last 36 months.
2. CITY will provide plant operator assistance during
ENGINEER's site visits, lab analysis, sampling and
testing at the plant as necessary.
3. CITY will project staffing requests, laboratory
space needs and current building use.
III.
PAYMENT FOR SERVICES
A. Payment for the service outlined under the scope of work
shall be on the basis of salary costs times a multiplier of 2.3
plus direct expenses times a multiplier of 1.0, with the maximum
compensation not to exceed One Hundred Four Thousand Seven
Hundred Fifty Dollars ($104,750.0u) without written authorization
by the CITY. The salary cost is defined as the cost of salaries
of engineers, draftsmen, stenographers, surveymen, clerks,
laborers, etc., for time directly chargeable to the project, plus
social security contributions, unemployment compensation
insurance, retirement benefits, medical and insurance benefits,
bonuses, sick leave, vacation and holiday pay applicable
thereto. (Salary Coat is eggal to 0.41 times salary payments.)
Direct expenses shall include computer printing and reproduction
expense, communication expense, travel, transportation and
subsistence away from Fort Worth and other miscellaneois expense
directly related to the work.
B. ENGINEER shall submit itemized monthly statements for
Services, Direct Non-Labor Expenses, and for Subcontractor's Cost
incurred. CITY shall make payments in the amount shown by the
ENGINEER'S monthly statements and other documentation submitted.
C. Nothing contained in this article shall require CITY to
pay for any work which is unsatisfactory as reasonably deter-
mined by the Executive Director of Utilities or which is not
submitted in compliance with the terms of this Contract. CITY
shall not be required to make any payments to the ENGINEER when
the ENGINEER is in default under this Contract; nor shall this
paragraph constitute a waiver of any right, at law or in equity,
which CITY may have if the ENGINEER is in default, including the
right to bring legal action for damages or for specific
performance of this Contract.
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D. CITY has the right to audit the time records and salaries
of personnel and charges for Direct Non-Labor expenses.
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IV.
OWNERSHIP OF DOCLHENTS
All information and other data given to, prepared, or
assembled by ENGINEER under this Contract, and any other related
items shall become the sole property of CITY and shall be
delivered to CITY. Any reuse without written verification or
adaptation by ENGINEER for the specific purpose intended will be
at CITY'S sole risk and without liability to ENGINEER. Any such
verification or adaptation shall entitle ENGINEER to urther
compensation at rates to be agreed upon CITY AND ENGINEER.
V. +
SERVICES BY CITY
CITY shall provide the services under this Contract as listed
and set forth in Section II. B.
VI.
j COMPLETION SCHEDULE
A. For the purposes of this contract, a month is defined as
thirty (30) calendar days and a week as seven (7) calendar days,
If any of the following submissions fall on a CITY non-working 1
day, then the submission shall be due the following CITY working
day. All services to be performed under this Contract will be
completed within 180 calendar days after the date the ENGINEER is
authorized in writing by the CITY to proceed, excluding CITY
review time. In particular, ENGINEER shall comply with the
following time schedules:
1. ENGINEER shall submit an interim report recommending
continuation or expansion of the sludge inspection system
within 60 days from authorization to proceed.
2. ENGINEER shall complete the draft sludge management report
within 90 days from authorization to proceed,
3. ENGINEER shall submit the Master Plan draft report within
180 calendar days. The final report and copies shall be
delivered to the CITY within 15 days following review and
approval of the draft.
PAGE 3
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11. CITY shall have control of the services to be rendered and
no work shall be done under this Contract until the ENGINEER 3s
instructed in writing to proceed,
VII.
TERMINATION OF CONTRACT
CITY may indefinitely suspend further work hereunder or termi-
nate this Contract or any phase of this Contract u
1 days prior written notice to the ENGINEER with theounderstanding
that immediately upon the receipt of such notice all work cnd
labor being performed under this Contract shall cease immediate)
Before the end of each thirty (30) day
invoice the CITY for all work accomplishedebyo him NpriorRtohthe
receipt of such notice. No amount shall be due for lost or
anticipated profits. All plans, field surveys, and other data
related to the Project shall become property of CITY upon termi-
nation of the Contract and zhall be promptly delivered to CITY in
a reasonably organized form without restriction on future use
except as stated in Article IV. Should CITf subsequently contract
with new consultant for continuation of services on the Project,
ENGINEER shall cooperate in providing information,
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RESPONSIBILITY FORUCLAIMS AND LIABILITIES
Approval by CITY shall not constitute nor be deemed a release
employees, eassociates, agents, landilconsultants he for EN the Eaccuraits
cy
and competency of their designs ur other work; nor shall such
Ponsibility by
CITYofor anyddefectt in then design assumption or othof such er work responsibility by the
ENGINEER, its employees, subcontractors, agents, and consultants.
IX.
EQUAL EMPLOYMENT OPPORTUNITY
A. The ENGINEER shall not discriminate against any employee
or applicant for employment bec4luse of race, age, color, religion,
4 sexi ancestry, national origin, or place of birth. The ENGINEER
sha 1 take affirmative action to insure that applicants are
employed and that employees are treated during their employment
without regard to their race, age, color, religion, sex, ancestry, plac
e of butinotlbe limiited to, the following; This action shall include,
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Employment, upgrading, demotion or transfer, recruit-
ment or recruitment advertising; layoff or termina-
tion; rates of pay or other forms of compensation; l
and selection of training, including apprenticeship.
The ENGINEER agrees to post in a conspicuous place, available
to employees and applicants, notices to be provided by CITY
setting forth the provisions of this non-discrimination clause.
8. The ENGINEER shall, in all solicitations or advertisements
for employees placed by or on behalf of the ENGINEER, state that
all qualified applicants will receive consideration for employ-
ment without regard to race, color, religion, sex, age, ancestry,
national origin, or place of birth.
C. The ENGINEER shall furnish all information and reports
required by the City Manager or his designee and shall permit the
City Manager or his designee to investigate his payrolls and
personnel records which pertain to current professional services
contracts with CITY for purposes of ascertaining compliance with
this equal employment opportunity clause.
D. The ENGINEER shall file compliance reports with CITY as
may be required by the City Manager or his designee. Compliance
reports must be filed within the time, must contain information
as to the employment practices, policies, programs, and statistics
of the ENGINEER, and must be in the form that the City Manager or
his designee prescribes.
E. If the ENGINEER fails to comply with the equal employ-
ment opportunity provisions of this Contract, it is agreed that
the CITY at its option may do either or both of the following:
1. Cancel, terminate or suspend the Contract in whole
or in part;
2. Declare the ENGINEER ineligible for further CITY
contracts until it is determined to be in
compliance.
X.
NONDISCLOSURE OF PROPRIETARY INFORMATION
ENGINEER shall consider all information provided by CITY and
all drawings, reports, studies, design calculations, plans,
specifications and other documents resulting from the ENGINEER'S
performance of the Services to be proprietary unless such infor-
mation is available by law from public entities. ENGINEER shall
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not publish or disclose proprietary information for any purpose
other than the performance of the Services without the prior
written authorization of CITY. ENGINEER shall not make any
written or verbal statement to any press or news media concerning
the project without the written authorization of CITY.
XI.
AMENDMENTS
This Contract may be amended or supplemented in any parti-
cular ouncilnlexcept and only approved
C
Termin tthe t
ionCiof
Contract.
II
XII.
COMPLIANCE WITH LAWS, CHARTERS, AND ORDINANCES, ETC.
subcontractorsEshall comply with hall applicable Federalo and,State
laws, the Charter and Ordinances of the City of Denton, and with
i all applicable rules and regulations promulgated by all local,
State and National boards, bureaus, and agencies. The ENGINEER
shall further obtain all permits and licenses required in the
preparation of the work contracted for in this Contract.
XIlI.
ASSIGNMENT
This Contract provides for personal services and the ENGINEER
shall not assign this Contract, in whole or in part, without the
-'i prior written consent of the CITY.
XIV.
NOTICES
mittedl underCethcoContractioshallanbe reports
is
personally required de ivered per-
mailed to the respective parties by depositing same in the United
States mail at the addresses shown below, unless and until either
party is otherwise notified in writing by the other part at the
following addresses. Mailed notices shall be deemed communicated
as of five days mailing.
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If intended for CITY, tot If intended for ENGINEER, to:
City of Denton Freese and Nichols, Inc.
Attn: Robert E. Nelson 811 Lamar Street
Executive Director for Utilities Fort Worth, Texas 76102-3683
215 East McKinney Street Attn:
Denton, Texas 76201
XV.
INDEPENDENT CONTRACTOR
In performing services under this Contract, ENGINEER is per-
forming services of the type performed prior to this Contract,
and ENGINEER by the execution of this Contract does not change
agent,
the independent Contract shall status be construedENasNEmakingth ENGINEERmathe of this
j servant, or employee of Denton.
XVI.
INDEMNITY
ENGINEER agrees to defend, indemnify, and hold CITY whole and
harmless against any and all claims for damages, costs, and
expenses to persons or property that may arise out of, or be
occasionted b any or
agfrom ent , a serva t, negligent or emact, ployee error, of ENGINEER omission
ENGINEER or the
execution or performance of this Contract.
XVII.
INSURANCE
A. Prior to the time ENGINEER is entitled to commence any
part of the services under this Contract, ENGINEER shall procure,
pay for and maintain the following insurance written by companies
licensed in the State of Texas or meeting surplus lines require-
ments of Texas law and acceptable to CITY. The insurance shall
be evidenced by delivery to CITY of certificates of insurance
executed by the insurer listing coverage and limits, expiration
date of policy, and certifying that the insurer is licensed to do
4 business in Texas or meets the surplus lines requirements of
Texas law. The insurance requirements shall remain in effect
throughout the term of this Contract:
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1. Worker's Compensation as required by law;
Employers . a cy urance of not less than
, or each accident.
2. Com rehensive General Liability Insurance includ-
n Contractua a covering,~t not
m ted to, the liability assumed under the
indemnification provisions of this Contract, with
limits of liability for bodily injury and property
- damage of Inot less than $250,000. Coverage shall
be on an occurrence basis, and the policy shall
f i include Broad Form Property Damage Coverage.
3. Professional Liability Insurance (including Errors
! andOi~se ons wick m n mum limits of $1,000,000.00
per occurrence.
4. Comprehensive Automobile and Truck Liability
nsurance, cover ng owns , h re an non-owned
ve c es, with minimum limits of $250,000, each
occurrence, for bodily injury and property damage,
such insurance to include coverage for loading and
r unloading hazards.
5. $1,000,000.00 combined single limits bodily injury 1
and property damaged liability insurance, including
death, ae an excess of the primary coverage
required above.
B. Each insurance policy shall include the following condi-
tions by endorsement to the policy:
1. Each policy shall require that fifteen (15) days
J
prior to the expiration, cancellation, non-renewal
or any material change in coverage, a notice there-
of shall be given to CITY by certified mail to:
City of Denton
Attn: Robert E. Nelson
Executive Director for Utilities
215 East McKinney Street
j Denton, Texas 76201
2. Companies issuing the insurance policies shall
have no recourse against CITY for payment of any
premiums or assessments for any deductibles which
all are at the sole responsibility and risk of
ENGINEER.
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3. The term "CITY" or "City of Denton" shall in-
clude all authorities, Boards, Bureaus, Commis-
sions, Divisions, Departments, and offices of CITY
and the individual members, employees and agents
thereof in their official capacities, and/or while
acting on behalf of the City of Denton.
4. The policy clause "Other Insurance" shall not
apply to any insurance coverage currently held by
CITY, to any such future coverage, or to City's
Self-insured Retentions of whatever nature.
ENGINEER hereby waives subrogation rights for loss or damage
against CITY to the extent same is covered by insurance.
XVIII.
MISCELLANEOUS
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A. This Contract may be executed in any number of counter-
parts, each of which shall be deemed an original and constitute
one and the same instrument.
B. A waiver by either ENGINEER or CITY of any breach of a
provision of this contract shall not be binding upon the waiving
party unless such waiver is in writing in the event of a written
j waiver, such a waiver shall not affect the waiving party's rights
with respect to any other or future breach.
C. In case any one or more of the provisions contained in
this Contract shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or enforceability shall not affect any other
provision thereof and this Contract shall be considered as if
such invalid, illegal, or unenforceable provision had never been
contained in this Contract.
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D. This Contract shall be governed by and construed in
accordance with the laws and decisions of the State of Texas.
E. The obligations of the parties to this Contract are
performable in Denton County, Texas, and if legal action is
necessary to enforce it, exclusive venue shall lie in Denton
County, Texas.
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XIX.
ENTIRE AGREEMENT
This Contract embodies the complete agreement of the parties
hereto, superseding all oral or written previous and contemporary
agreements between the parties and relating to matters in this
Contract, and except as otherwise provided herein cannot be
modified without written agreement of the parties to be attended
to and made a part of this Contract.
EXECLTED this the day of 19_.
CITY OF DENTON, TEXAS
BY:
ATTEST:
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JENNIFER WAL R , C sECKETM
f APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
F
BY: 'YY1 c~nr~
FREESE AND NICHOLS, INC.
G?x I~~~
BY:
TITL : reoy~irf
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ATTEST:
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If EXHIBIT "A" - SCOPE OF SERVICES
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1. Wastewater Treatment Plant Evaluation
A. Data. Analysis Estimated
Time Requf re,'. (Ilrs)Review the City's available operation Principal-in-Ch+-ge 6
and performance records for the past 36 Project Manager 24
months with regard to flow, organic Project Engineer 50
` loading, effluent quality, sludge pro- Technician 8
duction and infiltration inflow problems.
Compile, summarize and evaluate opera-
tional data to provide a basis for
diagnosis of the performance of the
` treatment units. Two consecutive days
4 of site visits and operational observa-
tion are scheduled. In addition, flow
h projections for a 20-year period will be
prepared to determine treatment require-
ments for the Master Plan.
i B. Analysis of Design Capabilities Estimated
Time Required (Hrs)
The treatment capacities of each major Principal-in-Charge 4
treatment unit will be evaluated under Project Manager 24
current flows and load conditions and Project Engineer 80
current and anticipated permit require- Design Engineer 120
ments. A projection of performance at
projected design loading based on
existing effluent limits will be made.
In addition, the major mechanical equip-
ment, and electrical and instrumentation
systems will be evaluated and recommen-
dations presented for repair or replace-
ment.
The major treatment units to be
evaluated for process capacity and
` hydraulic capacity include:
f (1)Raw Sewage Pumping
f (2)Primary Clarification
Mi Aeration Basin
Aeration Equipment
MFinal Clarifier
;Chlorination System
WEffluent Filters
Sludge Digestion
I (9)Scum Handling System
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EXHIBIT "A" - SCOPE OF SERVICES (Con't)
If it is detc,_ined that the existing
plant can t,• 1-3nomically expanded by
the addition s one or more additional
treatment i.uits, alternatives (3 maxi- I
mum) will be developed and evaluated.
One of the alternatives will include a
plant expansion at the present site. In
addition, future plant expansions will
be determined to meet the 20-year pro-
jected flows.
Estimated ~
C. Flow Equalization Analysis Time Required (Hrs)
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A hydraulic analysis under current and Principal-in-Charge 4
E a future average and peak flow condition Project Manager 16
will be made for the existing treatment Project Engineer 14
facility. The evaluation will include
analysis of need for flow equalization
f with regard to wet weather flows and
enhancement of operation efficiency.
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1 Estimated
I D. Alternative Site Analysis Time Required (Hrs)
v Consideration will be given to the Principal-in-Charge 4
desirability of constructing an addi- Project Manager 40
tional wastewater treatment plant at Project Engineer 60
an alternate location in the collet- Design Engineer 60
tion system to meet projected flow Technician 80
requirements for the 20-year study
period. Two alternatives will be eval-
uated. The existing Wastewater Master
Plan and the Denton County Regional
Master Plan will be utilized as a basis
for this analysis. It is not intended
that the evaluation include detailed
site analysiq for the alternatives,
Estimated
E. Sludge Management Plan Time Required Hrs
f A review will be made of the sludge Principal-in-Charge 8
management practices at the existing Project Manager 40
wastewater treatment plant. The land Project Engineer 120
requirements for subsurface injection Design Engineer 240
of future sludge quantities will be Technician 40
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EXHIBIT "A" - SCOPE OF SERVICES (Con't)
evaluated and additional sludge t,-eat-
ment and disposal alternatives will be
developed for comparison. This analysis
will also include the determination of
the number and type of permits required
by regulatory agencies, land require-
ments, equipment requirements, and
costs for each alternative. An interim
_ letter report will be prepared with
regard to continuation or expansion of
subsurface injection.
Estimated
j F. Energy Recovery System Time Required (Hrs)
An economic analysis will be performed Principal-in-Charge 4
to determine the desirability of uti- Project Manager 16
i lizing digester gas as a fuel source Project Engineer 36
for engine generators or engine blowers. Design Engineer 40
i The analysis will include full time,
part time and emergency power supply
alternatives.
Estimated
G. Wastewater Reuse Time Required (Hrs)
The feasibility of reusing treated Principal-in-Charge 4
effluent to irrigate the tree farm Project Manager 8
adjacent to the plant will be deter- Project Engineer 12
mined. This evaluation will include
an assessment of the permitting require-
ments and the industrial water reuse
requirements with respect to quality
and additional treatment.
Estimated
H. Space Study Time Required (Hrs)
A study will be performed for the Principal-in-Charge 4
y existing plant to determine building Project Manager 14
kf space requirements for the various Project Engineer 40
plant operation, maintenance and Technician 80
laboratory operations. The study will
include development of space needs at
the existing plant for the 20-year
study period, impentory of existing
building and cur +nt usage, and
recommended space needs.
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EXHIBIT "A" - SCOPE OF SERVICES (Con`t)
Estimated
I. Report on Recommended Master Plan Time Required (Hrs)
The findings and recommendations from Principal-in-Charge 8
the tasks described above will be pre- Project Manager 24
sented in a written report. In addi- Project Engineer 60
tion, opinions of construction costs Design Engineer 120
and engineering services for the Technician 80
recommended phased improvements will Clerical 80
1 be presented for the 20-year planning
period to include site plans depicting
land use and facility expansions.
Twenty-five (25) copies of the final
report will be provided to the City.
Estimated
J. Report Presentation Time Required (Hrs)
A detailed presentation of the Master Principal-in-Charge 16
Plan will be made to the City staff, Project Manager 16
to the City Council and the Utility Project Engineer 16
Board.
Total Estimated
Time Required (Hrs)
l Principal-in-Charge 62
Project Manager 222
Project En sneer 514
Design Engineer 580
Technician 288
Clerical 80
Expenses $4,700
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EXCERPT
Public Utilities Board Minutes
December 21, 1968
10. CONSIDER CONTRACT WITH FREESE A NICHOLS, INC. FOR PROFESSIONAL
ENGINEERING SERVICES IN CONNECTION WITH THE 0EE0PMEN
TREATMENT PLKRI-.
Ham explained that state law requires that when monthly average I
flows of a wastewater treatment plant reach 75% of permitted
flows, planning must be initiated. Denton's plant is now at 77% j
of permitted flow. When a plant reaches 90% of permitted flow, {
construction must be initiated or a permit application filed to i
1 amend the rated permitted flows. Ham recommended approval of
the proposed aareernent with Freese S Nichcls, Inc. for planning
of expansion of the wastewater treatment plant.
Chew asked if we have been completely satisfied with Freese A
Nichols? Nelson stated that their work with wastewater
treatment plants is very good.
Chew moved approval of the contract. Frady second. All ayes,
no nays, motion carried.
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DATE: 01/04/89
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CITY COUNCIL REPORT FORMAT
F TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJRCT: CONSIDER A RESOLUTION ADOPTING MODERATE ACTIVITY CENTER #40 AS PART
OF APPENDIX A TO THR DENTON DEVELOPMENT PLAN AND AMENDING THE
INTENSITY PLANNING AREA MAP
ggCOMMBNDATION:
The Planning and Zoning Commission considered this item and voted
F 6-0 to recommend adoption to the City Council. The recommended
boundaries for Moderate Activity Center #40 will result in
' corresponding changes to the boundaries of the abutting low
intensity areas as shown on attached map.
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In recommending the boundaries of Moderate Activity Center #40 the
~ Planning and Zoning Commission and the Appendix A Tank Force con-
sidered three distinct options and a number of boundary variables
including existing land uses, current zoning, land use compatibility,
and consistency between the zoning map and the concept map in the
Denton Development Plan. It was agreed that this moderate center
should not be extended north of University Drive in view of the high
quality of single family residential development in that area. The
recommended boundaries shown on the attached map incorporates
current zoning and existing development as follows:
Eyisting SF development 12.19 acres
Yacant (A) Zoning C.33 acres
Vacant MF1 (PD 126) 21.80 acres
Vacant Com/Ret (PD 126) 32.0 acres
Vacant Office (PD 126) T.0 acres
Vacant LI (PD 126) 35.8 acres
Vacant Inst. (PD 126) _ 5.0 acres
119.12 arses
AACKGROUNp:
The Appendix A Intensity Planning Area map was adopted by resolution
on September 20, 1988, to be used in land use decisions pending the
completion of a final Appendix A map.
FROGRAMSS, DEPART RNTS OR GROUPS AFFECTED:
All departments impacted by the Denton Development Plan.
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City Council Report Format
January h, 1969
s Page 2
FISCAL IMPACT;
Not applicable.
Reap fully submitted:
Prepared by;
~!!a r e
lop/
-cu ~ C Manager
Harry 11.l Perrsaud, AICP
app ved:
P"rank H. Ro ins
~ Bzecutive Director fo
Planning and Development
09320
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2611L
Y
RESOLUTION NO. _
A RESOLUTION ADOPTING THE BOUNDARIES OF MODERATE ACTIVITY CENTER
NUMBER 40 AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN;
AMENDING THE INTENSITY PLANNING AREA BOUNDARY MAP; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Denton Development Plan requires that the
boundaries of the intensity areas to be included in Appendix A
should be considered by the City Council; and
WHEREAS, the Appendix A Task Force and the Planning and Zoning
Commission considered the boundaries for Moderate Activity Center
Number 40 and hereby recommend its adoption as part of Appendix A;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
j SECTION I. That the boundaries for Moderate Activity Center
Number 4U, a copy of which is attached hereto, is adopted as part
of Appendix A of the Denton Development Plan.
SECTION II. That the intensity planning area boundary map is
amended to show the location of Moderate Activity Center Number 40
as adopted and to show the corresponding change in the boundaries
k of the abutting low intensity planning areas.
SECTION III. That the City Secretary is hereby directed to
attach a copy of this resolution to Resolution 88-057, which
provides for the adoption of the Denton Development Plan.
SECTION IV. That this resolution shall become effective upon
its passage and approval.
PASSED AND APPROVED this the day of , 1989.
i
RAY STEPHENSj MAYOR
ATTEST:
JENNIM-WAUM, CITY SECRETM
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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MOOERATE
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INTENSITY PLANNING AREA MAP F
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SHOWING AREAS ABUTTING •1
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-MODERATE ACTIVITY
CENTER*40 J ~~1
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INTENSITY ARIBA # 4000014.•••••••
NORTH
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fIX
CITY OI DtA1T0N 1215 E. McKlrtrtey / Denton, Texas 18201
K&MORANDUH
DATE: December 9, 1988
TO: Planning and Zoning Commission
FROK: Harry Persaud, Urban Planner
SUBJECT: 80UVARIES FOR THE MODERATE ACTIVITY CENTER LOCATED AT UNIVERSITY
DRIVE AND THE PROPOSED LAKEVIEW BOULEVARD
1. Baokaround
The Appendix A Task Force considered the boundaries of this moderate
nods at its meeting on November 15, 1988 and recosmende". the boundaries
as shown in Option A (attached). The Planning and Zoning Commission
considered the recommended boundaries at its meeting on November 30 and
voted 7-0 to refer the boundaries back to the Task Force for
reconsideration. The Planning and Zoning Commission at that meeting
expressed concern about the miss of the node being too large and that
strip commercial development to likely to occur along University
Drive. This item wan placed is the Task Force December 6 agenda for
reconsideration and the Task force voted 4-4 on a motion to reconsider
its recommendations. The motion failed due to the tis vote.
Staff is now returning this matter to the Planning and Zoning
\ Commission to consider making a recommendation to the City Counoil.
2. Criteria in defining intensity areas.
In addition to the policy criteria given in the Denton Development
Plan, the Appendix A Task force in Its deliberations has developed a
list of variables which is used to delineate the boundaries of
intensity areas.
i (a) Existing land uses: size, type, location and shape of traot.
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(b) Current toning including planned developments: also, location and
type.
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Planning and Zoning Commission
December 9, 1988
Page 2
(c) Physical and environmental features: size and type of arterials,
creeks, slopes, flood plains, trees, property lines.
(d) Consistency between the concept map and the zoning mop.
(e) Land use compatibility.
(f) Intensity capacity of a specific area and adjacent areas.
(g) Impact on infrastructure.
3. OOptiono
There are three distinct options for boundaries of this moderate node.
gash option is being reviewed here in terms of its advantages and
disadvantages relative to the applicable boundary variables.
(a) Option A: Boundaries Include the existing single family and Light
Industrial Planned DeveloMmt Zoning.
I
(b) Option B: Boundaries exclude the existing single family housing
i but Include the Light Industrial Planned Development
E Zoning.
(o) Option C: Boundaries exclude both single family housing W.Light
Industrial Planned Development Zoning.
1. [fin}lYSls
Sao attached page.
S. Buggy and Rscoasandations
The two major areu of concern in this moderate center relate to the
else of the nods and the potential for strip commercial development
along Highway 380. In all the options, the node to over 60 terse
although Option C comes closest with 71.13 acres. In con1id11ing the
appropriate size of this node, cognisance should be given to the fact
that the nearest moderate center to approximately two miles away. The
Denton Development Plan requires that moderate centers be located
approximately one mils apart. In urban tors and structure the size of
centers are directly related to the distance functions.
Commercial development along Highway 380 given the approved Planned
Development Zoning to the south woes to be unavoidable. The tntensity
policies in the Denton Development Plan will favor a change of zoning
in this area even if it is piece seal ad some home already ops►its,
small businesses. The Appendix A Task Torch considered these issues
and voted S-3 to recommend the boundaries given in Option A.
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Planning and Zoning Commission
December 9, 1988
Page 3
Harry Pereaud, A[CP
WP
Attachments: I- Maps and intensity calculations for Options A, B, and C. i
2. Minutes of the Appendix A Task Force dated November 15, 1988
and December 6, 1988.
3. Minutes of the Planning and Zoning Commission dated July 27,
1988 and November 30, 1988.
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ANALYSI. jF OPTIONS J
OPTION A OP'T'ION B OPTION C 1
With SP and LI With Lt Zoning Without SP and LI Zoning
I 1, I
o Provide overall consistency l o Reduces the size of this centerl o Provides some protection to
between zoning map and concept l by 12 acres. ( existing residences.
Plan. I I
I o Provides some protection to l o the size of this center is
o Provides for the best land use l existing residences. { reduced to 71.13 acres.
j compatibility considering that l l
the existing single family is Disadvantl l Disadvantages
4 wedged in between Highway 380 ( l
and Light Industrial Zoning. A l o Residential area no longer fitel o There is lose consistency
fw of those homes are currentlyl in with the context of approvedl between the concept map and +
operating soma kind of l zoning. l current zoning.
business. l l
l o Potential strip commercial l o Potential strip coasaercial
o Adds visibility to the center l development along Highway 380. l development along Highway 380.
through arterial frontage on l i
Highway 380. l o Nods is 106.93 acres. Plan i o Boundaries along property and
I criteria is approximately 60 l zoning lines are less appro-
o Node is within its intensity l acres. l Prieto$ become difficult to
capacity, l l distinguish and provide no
I I physical separation.
0 University Drive and Trinity l I
Road serve as physical 1
boundaries
Disadvantages I I
o Nods is 119.12 acres. Plan l I
- criteria is (approximately) l I
60 acres. l
o Potential strip commercial l I
development along Highway 380. l l
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INTENSITY AREA 40 N
OPTION
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LAND USE MANAGEMENT INFORMATION SYSTEM
PLANNING AND DEVELOPMENT DEPARTMENT
V CITY OF DENTON
Intensity area. 0: 40 Type: MODERATE Intensity-trips/Ac 350
I' Traffic survey zones: 6621A
Boundary Oescription: North: University Drive
South: North boundary line of tract o 11 in PD 126
Date: 121081ES East: Trinity Road
west: west boundary line of PD 126
LAND UqE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY
t 10 12.19 100 0 0 0 0 0
SF-10>16 0 0 0 0 0 0 0 0
SF-T> 10 0 0 0 0 0 0 0 0
LESS SF-T 0 0 0 0 0 0 0 0
MOS. KWES 0 0 0 0 0 0 0 0
DUPLEX 0 0 0 0 0 0 0 0
MF-R 0 0 0 0 0 0 0 0
MF-1a2 0 0 0 0 0 2118 545 4360
i COM/RET 0 0 0 0 0 32 0 20800
OFFICE 0 0 0 0 0 7 0 2450
INDUSTRY 0 0 0 0 0 35.8 0 3759
INSTI'NAL 0 0 0 0 0 S 0 125
PARKS 0 0 0 0 0 0 0 0
E R/0/SPACE 0 n 0 0 0 0 0 0
TRANSPORT 0 5.6 0 10.5 0 0 0 0
AGRIC. 0 0 0 5.33 0 0 0 0
VACANT 0 111.43 0 0 0 0 0 0
TOTAL 10 135.12 100 15.83 0 101.6 645 31794
INTENSITY CALCULATIONS
(A) Existing Land Use
(1) Intensity area total trips 135.12 times 350 47292
(2) Tripe allocated to existing land use 100
(3) Trips allocated to vacant lands 101.43 times 350 35501
(4) Estimated unallocated intensity trips (1)minue (2)+(3) 11692
(6) Percentage of intensity trips allocated I5-
1 (8) Current zoning
(1) Intensity area total trips 135.12 times 350 41292
(2) Trips allocated to existing land use 100 1
(3) Trips allocated to current zoning (incl. planned developments) 31794
(4) Trips allocated to vacant lands not zoned plus Agric. zoning 1888
(6) Estimated unallocated intensity trips (1)minus(2)+(3)+(4 13533
(4) Percentage of intensity trips allocated T1
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INTENSITY AREA 40 N011TN
OPTION
O~NjON.cx
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LAND USE MANAGEMENT INFORMATION SYSTEM
PLANNING AND DEVELOPMENT DEPARTMENT
CITY OF DENTON
Intensity area M: 49 Type: MODERATE Intensity trips/Ac 350
Traffic survey zones: 6621A
Boundary Description: North: University Drive
South: North boundary line of tract a it in PD 126
Date: 12/08/88 East: Trinity Road
West: West boundary line of PD 126
LANQ USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY
SF-15 < 0 0 0 0 0 0 0 0
SF-10)16 0 0 0 0 0 0 0 0
SF-7)10 0 0 0 0 0 0 0 0
LESS SF-7 0 0 0 0 0 0 0 0
MOB.HOMES 0 0 0 0 0 0 0 0
DUPLEX 0 0 0 0 0 0 0 0
MF-R 0 0 0 0 0 0 0 0
MF-182 0 0 0 0 0 21.8 $45 4360
COM/RET 0 0 0 0 0 32 0 20800
OFFICE 0 0 0 0 0 7 .0 2450
INDUSTRY 0 0 0 0 0 35.8 0 3759
INSTI'NAL 0 0 0 0 0 6 0 425
PARKS 0 0 0 0 0 0 0 0
R/O/SPACE 0 0 0 0 0 0 0 0
TRANSPORT 0 5.5 0 10.5 0 0 0 0
AGRIC. 0 0 0 5.33 0 0 0 0
VACANT 0 117.43 0 0 0 0 0 0
» »
TOTAL 0 122.93 0 16.83 0 101.6 546 31794
INTENSITY CALCULATIONS
(A) Existing Land Use
(1) Intensity area total trips 122.93 times 350 43025
(2) Trips allocated to existing land use 0
(3) Trips allocated to vacant lands 101.43 times 350 35501
(4) Estimated unallocated intensity trips (1)minus (2)+(3) 7526
-----(6) Percentage of intensity trips allocated 83-
(B) current zoning
(1) Intensity area total trips 122.93 tines 350 43026
(2) Trips allocated to existing land use 0
(3) Trips allocated to current zoning (Inel. planned developments) 31194
(4) Trips allocated to vacant lands not zoned plus Agric. zoning 1866
(6) Estimated unallocated intensity trips (i)ainus(2)+(3)+(4 9366
(6) Percentage of intensity trips allocated 78
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INTENSITY AREA 40
MOIITM
OPTION
_ LtiMy~tS
`p~N~ON C~~Y
:5.„ Y 380
(.1/!
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. s 46.11
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LAND USE MANAGEMENT INFORMATION SYSTEM
PLANNING AND DEVELOPMENT DEPARTMENT
CITY OF DENTON
intensity area 0: 40 Type: - MODERATE Intensi-tY-t-r-1 s/-Ac 350
Traffic survey zones: 6621A
Boundary Descrlotion: SNorth: outh: North rboundary vsins of tract 0 11 in PO 126
Date: 12/06/88 wEast, est: West boundary line of PO 125
LARD USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY
S F-16 0 0 0 0 0 0 0
F-16
SF-10)16 0 0 0 0 0 0 0 0
SF=1)10 0 0 0 0 0 0 0 0
LESS SF-7 0 0 0 0 0 0 0 0
M08.HOMES 0 0 0 0 0 0 0 0
DUPLEX 0 0 0 0 0 0 0 0
MF-R 0 0 0 0 0 0 0 0
MF-162 0 0 0 0 0 21.8 545 4360
CON/RET 0 0 0 0 0 32 0 20800
OFFICE 0 0 0 0 0 1 0 2450
INDUSTRY 0 0 0 0 0 0 0 0
INSTI'NAL 0 0 0 0 O 0 0 420
PARKS 0 0 0 0 0
R/0/SPACE 0 0 0 0 0 0 0
TRANSPORT 0 5.5 0 10.5 0 0 0 0
AGRIC. 0 0 0 5.33 0 0 0 0
VACANT 0 81.63 0 0 0 0 0 0
j -----0 87.13 -----0 15.83 -------0 _---66.8 -----645 ---28035
TOTAL
INTENSITY CALCULATIONS
4 (A) Existing Land Use --K
6
(1) Intensity area total trips 87.13 times 350 30496
_ (2) Trips allocated to existing land use
(3) Trips allocated to vacant lands 55.63 times 350 22911
(4) Estimated unallocated intensity trips (1)minus (2)+(3) 7525
(5) Percentage of intensity trips allocated
(8) Current zoning-
_ (1) Intensity area-total trips 87.13 times 350 30496
6
(2) Trips allocated to existing land use
(3) Trips allocated to current zoning (incl. Planned developments) 28035
(4) Trips allocated to vacant lands not zoned plus Agric. zoning 1866
(6) Estimated unallocated Intensity trips 0 )mInus(2)+(3)+(4 $95
(6) Percentage of intensity trips allocated
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. November 15, 1988
Page 4 DRAFT
Mr. Claiborne moved that the Task Force recommend approval of the
eastern half of the moderate activity center located at the inter-
section of Loop 238 and Sherman Drive. Seconded by Ms. Brock and
unanimously carried (7-0). Mr. Strange abstained from voting.
V. Review boundaries of moderate activity center at Lakeview
i Boulevard. and University Drive.
Mr. Persaud stated that the node has been discussed with
developers in that area. They have requested that the item be
w}thdrawn so that they can provide information at another meeting.
The Task Force has the option to postpone the item or to discuss
it and then table it.
Mr. Turner stated that staff is proposing two changes in the node
f boundaries that vary from what is already zoned. He asked if the
developers would object if the Task Force approved the boundaries
of the node based on existing zoning.
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The Task Force reviewed a map of the existing zoning in the area.
j Mr. Persaud said that the staff took into consideration the fact
f that the Light Industrial (LI) zoningg has only recently been
granted. There is single family (SF) zoning between the LI and
Hwy. 380. These property owners are concerned. One of the land
owners has already sought a zoning change in that area. One
option is to include the small SF tract in the node.
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Mr. Turner stated that he does not like those options. The City
j Council took the size of the moderate node Into consideration when
they approved the zoning. The node is approximately 101 acres and
is too large already. The boundaries for the node should follow
the zoning approved by the City Council. The Council was aware of
the size of the node, the small tract that was excluded, the fact
that there would be a lack of flexibility to extend the node
across Hwy. 380 when they approved the zoning. If the City
Council wants to include any more acreage in the moderate activity
center they can do so when a zoning request is made. The decisicn
should be theirs. The Task Force should follow what has been
zoned and approved.
Mr. Strange agreed.
Ms. Mead stated that she had only discovered the previous day that
the item was to be on the agenda. She said that if the Task Force
intends to change the boundaries of the node to something differ-
ent than what is zoned, Mr. Alex Bascom would like to be present.
He would not object if the Task Force approves the boundaries
based on existing zoning.
Mr. Strange stated that the property owners in the small pie
shaped wedge between the LI zoning and Hwy. 380 are unhappy.
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Page November 15, 1988 j
Ca u y
Mr. Persaud said that the area is currently in transition.
Mr. Stem said that the property owners in the wedge are trapped
and hedged in. This should be remedied. Their property value
will go down and the City will not let them do anything with the
property if it is not included in the node. Catering to a major
developer is hurting those land owners.
Mr. Claiborne said that they would be hurt because it would be
detrimental to further SF zoning. However, there is potential for
increase along Hwy. 380.
Mr. Turner stated that some of these land owners were in favor of
the PD when the surrounding property was zoned. They agticipated
selling for a profit later on. The node is too big. He said that
he does not want to enlarge it. If the property owners request a
zoning change, the Planning and Zoning Commission and City Council
can make a decision.
Ms. Brock stated that she had voted against the PD amendment
because :he node was too large. She said that the Task Force is
not responsible for the left out wedge. The Planning and Zoning
Commission made a decision a while back. Any change is the
decision of the City Council.
Mr. Turner stated that the Land Use Planning Committee wanted the
roderate activity centers to be 60 acres. This node is already
too big.and the Task Force would not consider increasing the size.
Mr. Stem stated that the City made the policy of having 60 acres
moderate activity centers. The City changed the policy to make
the node bigger. The policy needs to be changed again to keep
people from being hurt by the original change.
Mr. Turner stated that the approved zoning kn the area was judged
by the Denton Development Guide. Any new zoning requests will be
judged using the Denton Development Plan.
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Mr. Engelbrecht said that he would like to see the PD ordinance to
see what it says about the moderate node. He asked how the City
accommodates nodes within PDs.
Ms. Mead stated that the PD ordinance specifies the zoning on the
ground and ties it to the concept plan. it does not specify the
moderate node.
Mr. Claiborne asked how light Industrial zoning had been dealt
with in other moderate nodes.
Mr. Persaud stated that the LI was left out of the node at Loop
1 288 and McKinney. The staff would recommend including the LI in
the node at Lakeview and Hwy. 380 but is concerned about the left
out wedge.
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November 15, 1988
November RAFT
Pa
ge 6 Mr. Stem asked what the Development Plan says about excluding
pieces that are jammed in. The intent of tha Plan is probably not
to hem up small SF tracts.
Mr. Turner stated that the wedge is zoned Agricultural. It is not
a protected SF area.
Mr. Stem said that this wedge was probably annexed against the
owners' wishes. It is unfair to hem them in.
Ms. Brock stated that it is a zoning decision, not a Task Force
decision.
Mr. Stem said that it concerns the moderate node which is the area
of the Task Force. City policy has been violated and the Task
Force can recommend a more appropriate boundary.
Mr. Engelbrecht agreed with Mr. Stem. He said that he could not
see a positive aspect to warrant leaving the wedge out of the
moderate activity center.
Ms. Schlagel said that wedges were not left out of the other nodes
f and that criteria should apply in this instance.
Mr. Claiborne stated that a small amount of access frontage now
will discourage further moderate node activity across Hwy. 380.
E
I Ms. Brock stated that a property owner next to the existing
Multi-Family requested GI zoning and was denied.
Mr. Glasscock stated that he is concerned for the property owners
In the wedge.
Mr. Strange pointed out that the Task Force has used roads and i
natural boundaries in other nodes. The people in the wedge should
not be penalized. I
Mr. Engelbrecht agreed that the access frontage Is a problem.
Mr. Persaud pointed out that there are large houses in the wedge.
It is a beautiful area. The uses will probably not change very j
soon.
The Task Force considered an aerial of the area.
Mr. Strange stated that it makes sense to include the tract. It
will still have to be be zoned as the requests cone in.
Mr. Turner stated that the City will end up with a commercial
strip along Hwy. 380 which is already 251 over standard in
Intensity.
Mr. Engelbrecht said that Agricultural zoning was included in
other nodes.
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November 15 , 1988
Page 7 DO.RAFT
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Mr. Stem said that the City is at fault here and should rectify
the situation as equitably as possible.
Mr. Engelbrecht stated that he would like to ask Mr. Bascom if he
would voluntarily withdraw the Ll zoning from the node.
Ms. Mead stated that she is authorized to say no. J
Mr. Turner stated that there is no possibility of reducing the
node to 60 acres. This area will be developed. Some of the other
nodes may not be.
Mr. Strange said that there are places that the City cannot
improve. There will only be flexibility with new nodes where
development and zoning have not yet taken place. He moved to
recommend the boundaries of the moderate activity center be along
Hwy. 380, Trinity, and Lakeview Blvd. Seconded by Mr. Stem.
Mr. Turner stated that the Task Force is extending a invitation 1
for another 17 acres of commercial zoning. He said that he could
not support the motion. 1
Vote was called and approved (5-3}, Ms. Brock, Mr. Claiborne, and
Mr. Turner voted no.
Mr. Claiborne stated that moderate activity centers are usually on
all four sides of intersections. The property owners on the north
side of Hwy. 380 will want to be included in the node. He moved
that the Task Force considers the Lakeview/Hwy. 380 node to be
unique and recommends that the node not be enlarged on the north
side of Hwy. 380.
Mr. Stem stated that the node is not unique. It is only different
because it is so large. That was the decision of the city. We
should not consider it unique because there is nothing out there
that causes it to be so big other than the City decided to make it
that way.
Mr. Claiborne said that the zoning put the node there. This Task
Force has little to do with the zoning issue.
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Mr. Stem stated that tl.:- Task Force recommends not enlarging the
node across 380 because the zoning exists on the other side, not
because the area is unique.
i Ms. Brock stated that the node is unique in its size. The Task
i Force did not create the size of the node. Because of the zoning
the Task Force really did not have a choice about the size of the
node.
Mr. Turner suggested amending the motion to state that the Task
Force recognizes that tho node does not conform to the Development
Plan ecauseo of Its size and therefore recommends that there be no
north side of 380.
further
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November 15, 1988
Page 8 f~' BRA j~ '
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Mr. Strange stated that no one will come behind the Task Force and
change the shape of the node.
Mr. Claiborne stated that the Task Force would like to leave a
clear message concerning the issue.
Ms. Brock stated that a policy statement is helpful. Not only
would the City Council and Planning and Zoning Commission have to
overcome the boundary lines, but they would have to overcome the
policy as well. It would not be a routine matter.
Mr-'Claiborne withdrew his motion.
Mr. Turner moved that the Task Force recognizes that the moderate
node is already too large based on the Denton Development Plan and
strongly recommends that it not be extended to the north side of
380. Seconded by Mr. Claiborne. Motion carried (7-1).
L Mr. Strange voted no.
The Task Force agreed to meet on November 29 and adjourned,
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MINUTES
Appendix A Task Force
December 5, 1988
n~erina ~r rho arrer,114 A Task Force was held on Tuesday,
oecember 8. 1998. at 5:15 p.m.. in the Planning Conference Room of
the Munlciral Suildlnq, Denton. Texas.
Present: Eullne Brock. Bill Claiborne, Ivan Glasscock, Merlin Lee.
Beth Schlaoel. Taylor Stem, Virgil Strange, Mitchell {
Turner
Absent: Jim Engelbrecht, Richard Hayes, and Vicki Holt
Others Present: Frank Robbins, Executive Director for Planning and
Development; Harry Persaud, Urban Planner; Olivia Carson,
Secretary; Susan Mead; Ack Bescom: and Morelle Miller
Vice Chairman Strange called the meeting to order.
1. Reconsider the boundaries of the moderate activity center
located at University Drive and the proposed Lakeview
Boulevard. 1
Mr. Persaud presented a list of variables for making boundary
decisions to the Task Force. He stated that the variables are
what the Task Force has been using all along, but an at IF icial
list is needed for the record.
Mr. Claiborne arrived at the meeting.
Mr. Persaud stated that the Task Force's recommendation for
the boundaries of the moderate activity center located at
University Drive and the proposed Lakeview Boulevard was
presented to tho Planning and Zoning Commission. The
Commission voted to have the Task Force reconsider their
recommendation.
Mr. Strange asked why the Task Force needs to reconsider the
recommendatior.. The Planning and Zoning Commission can make
a zoning decision regardless of the boundaries of the moderate
i activity center.
Mr. Persaud stated that staff had agreed at the Planning and
Zoning Commission meeting to ask the Task Force to reconsider
their recommendation. If the Task Force wants to pass along
the statement that they have reached a final decision on any
particular issue, that can be communicated to the Commission.
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Mr. Claiborne stated that he is willing to reconsider a
decision if there is new data available that could influence
the decision. Otherwise, the Task Force should stand on their
recommendations. The Planning and Zoning Commission stiII has
the oower to recommend other options to the City Council.
Mr, Robbins statec; that the Planning and Zoning Commission
did not approve the boundaries recommended by the Task Force.
and the staff report for the zoning case was written based on
the boundaries being approved. The Commission decided not to
make a decision on the zoning case until they make a decision
on the boundaries of the moderate activity center.
_ Mr, Persaud stated that the Commission felt that the
recommended nods is too large and would allow strip commercial
development along University Drive.
Mr. Strange said that the Task Force will not be able to
achieve any objectives if they must reconsider their
recommendations for boundaries every time a zoning case comes
j up.
Ms. Brock stated that the Commission will not be able to ;
discourage strip commercial along University Drive if the
boundaries of the node are approved as recommended by the Task
Force.
Mr. Stem said that the Task Force would like the node to be
60 acres in size, but the Council has already made a decision
on the size of the node by awroving the zoning for the
planned development.
Mr. Strange said that the Commission is not compelled to grant {
commercial zoning gust because property lies within the I
boundaries of a moderate node. li
Me, Schlagel arrived. J
Mr. Strange stated that the people in the residential strip
between University and the light industrial zoning will be
adversely affected if their property is not included in the
moderate node.
Mr. Stem pointed out that the highway is an obvious boundary
e for the moderate activity center.
91 Mr. Persaud stateC that the strip in question will probably
develop as commercial regardless of whether it is included in
the node.
1
Mr. Turner moved to reconsider the decision on the boundaries
of the moderate activity center located at University Drive
and the proposed Lakeview Blvd. Seconded by Mr. Strange.
Motion failed due to a tie vote (4-41.
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Mr. Robbins stated that the statf will brief the Planning and
Zoning Commission on the decision of the Task Force and would
give the Commission the cottons of going along with their
recommendation or making a ditferent decision on the
boundaries and voting on the zoning case based on that
decision.
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PETITIONER: Bud Hsuptu n, Netroplet Engineering, stated
NIP a would answer any questlons that the Commission nay
have.
14 FAVOR: 4ons Present.
I~ OPPOSED: None Present,
AECOMMfh'DAT104: Ms. Carson stated staff recommends
approvj at 4-81-014.
f REBUTTAL: None Offered.
Chair declared public hearing closed.
II DECISION: Mr. Glasscock moved to recommend approval of
1.18.114, Seconded by Mr. Kaeman and unanimously carried
(7.0).
g, 10.013. Consider making a recommendation on the petition
at "itmo,Inc. requesting approval of a planned development
and conceppt plan on property currently toned planned devel-
opment (FD•126) and air cultural (A). The request includes
approiisately 167.1 acres of property located south of U.S.
Klghvay 380 along Tr)nlty Road and Late Lewisville and ea-
tends approximately 2,400 feet south of FM 826 (East
Mcginney Street). The property is more fully described as
a ppart of the Moreau Forrest Surrey Abstract 417, and the
Mililam D. Durham Surrey, Abstract in. It approved, the
` following land uses would be peraitteds
f ! ` Single Family - to
171.0 acres with a density of 3.2 units per acre
Single Featly - 7
• 226.1 scree with a density of 4.3 uniti-per acre
Single Fuily Attached
f 64.4 acres with a density of 10 unite per acre
Cluat11.1oaoie with a density of 1 units per acre
Multi-Faally ,
S9.1 acres with a density of IS units per acre
Otlls16.2 acres i
Neigbborhood Service
• 12.0 acres
General Wall
• 49.7 acres
Light Industrial
• 35.1 acres
community facility
• 10.0 acre +
Schoollferk
• 30.2 Acres
Park
• 34,3 acre
Right-of-way
67,s across
Twenty eight notices were galled to property owners within
200 feed also reply form was received in favor, and one was
received opposed.
STAFF REfOR t we. Careot stated that Abe would go over a
sugmaryo changes is the concept plain that have occurred
since the lost resentsttom. Me, areas stated that in
cempordsoi to t9o density of the eistlmg losing of to
units to the acre, this proposal lscludiag moderate node
areas to 7.1 units to each sere. The low Intensierr areas
acteagid that the ausbees did
are not include`the r4ght`oiway She add
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She continued that the existing planned development,
regardins the public use category, included a percent for
arks an school sites and also incluaed a donation of
S150,000. She said that the monetary donation was to
prepare Corps of Engineers property located east of the
parcel.
Sis. Carson stated that, In the concept plan being con- I
sidered, a percent is desl noted for public use, wAlcA
included WS acres of lan~ for parks to be donated and
one additional school site, Tract Sa, which would be
negotiated it necessary. She said the parklana dedication
stanaard of one acre to L00 dwelling units showed that the
requirements for Lak!view would be lA acres. She added
that the parkland dedication standard of three acres per
1,000 population would be 36 acres, She said that in the
Lakeview/Southview area, there was a proposal for 9i.S
acres,
I
Ms. Carson stated that the existing zoning was 101 percent
over the standard and 10 percent over the standard ase4 on
the moderate nodes as they were expanded by toning. The
overall proposal for Lakeview cone apt pi an fe S percent
under the intensity standard. She said that the request is
for greater than a ppropportionate share of intensity in the
moderate node at U.S. H! hwsy 310 and Lakeview loulevard.
Ms. Carson stated that tie area did include a 15 more site
north of the fntersectlon. She said that It was based an I
the Development Guide statement that the moderate node is 1
located at the intersection and the assumpption that the 30
acres is squally divided to each corner of the intersection.
The node could be expanded from 30 acres to it maximum of
ISO acres based on policies of the Guide. Ms. Carson
stated that to staff's basic calculation, the IS acres in
the north were included, She added that eRp actual propor•
ticnate share would make the moderate node 3S percent over
the standard. If the right-of•way was included, it would
be 17 percent over the standard.
Me. Carson stated that the moderate node at FM 126 is under
the standard based on the intensity standard and 9 percent
under the proportionate share. With right-of-way included,
the low intensity area would be epproximately 23 percent
under and without including the rllsht-of•way would be 16
percent under.
Mr. tunas asked if Ma. Carson would expand on the 15 acres
north of U.S. highway 310. Ns. Carve stated that is the
Development Guide, the moderate model are defined at being j
located at intersections, Under the resolution that was
Gsold by the City Council in 1917 a 30 acre node was
included it the intersection of U.I. Highway $10 and the
proposed Lakeview loulevard. She said that in proDGrins
the analys U, the develepp•r requested 101.6 acres In the
moderate node, In additioa there Is an allocation based
on lis M ' Interyretation 01 the Guide, that there would be 1
30 acres at the latersettlost therefore, there would be 15
acres on the north. side or outside of the development ppro-. be ` the overall nods# it this poinntswoullobo 114!.6 Acresttnt
f site.
Mr. Holt asked if the Commission was to make a decision on
t the 1S acres. Ms. Carson said Be.
Mr. Nett asked if the amea4me0t rocomeended a SO mete node
at the corner. No. Carson stated that the Development
Guide States that the 00446 Stitt at 30 acres and say be
expanded with diversity to ISO acres, she added that the
30 acres would be the starting point.
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Mr. Holt asked If the Levelopment Guide stated that the
f _ developers had to alIo a to for each corner. its. Carton
said no.
Mr. Entelbrecht asked if the triangular piece of property
located at U,S, hllhway 380 end pproposed Lakeview Boulevard
was part of the adderate node, ,ks. Carson said there are
attly tS
Dalnt acres that have not been defined, at this
. as b elnl part of the maderate hone.
Mr. Entelbrecht mated what would be the options for the
stated that piece ce posof ty
sl ppbrolllpperty In the future, !ss, Carson ty
s, on
the PlanniAtlas nd toning Commiswisioth n raecond ammerndoatyi al o t ram
Connell, was that the boundary of the moderate r,odet<oull
be created Include the property heaven Yriniey and
Froposed Lakeview Boulevard. She added that It had not
been done at this feint, She said, however, that at this
` time, only the tonas request and in expansion of the 30
p acre node was being requested,
Mr. Holt asked if the residents in the triangular piece
had requested a zoning chance, Me. Carson said no, that
one and one-half years ago a property owner had requested
a zoning change and that the case be considered when zoning
was being considered for Lakeview. khen it had not gone
through as quickly as anticipated, staff suggested they
withdraw their request. She added thit there are no toning
requests currently in the office for the area,
Mr. Holt asked what would happen to surrounding p
it the plan was limited to 80 ac r• nodes and the pallertles
amount of moderate nodes had already been given to othered
developers, l+s. Carson stated that if all the Intensity
` his boom allocated the Commission could make a recommends-
tion based an the least intenso, east logical land use for
the area, or what would fit in without being too far over
the latenslty scale but would be within reason for that
` particular area and than the City Council would make a
II determlaatlo■ on it.
Mr. Holt asked ;f there was a passibility that the area
could remain low latemsity. No. Carson stated that the
Councilyapprovedeaamoderatelliaenpoundi yathatuIncorpor-
ated the area. Ms. Carlos stated that the city has a Sao
teat strip, which would Involve approximately 150 (met
north of the center line and tho rut of the property north
of U.S. highway 300 Is outside of the city limits at this
list.
18f1TIONI11s Alexander S. 0ascom Jr., partner with R40
ea ty ac. mad Robert Baea, said he wanted to thank each
of the Commissioners for taklal the tie* to l gook with his
dlicuiilonsshive l ives the@ fil moerliaiig)atzand thhescurrent
submittal was a siacere effort towards compromlie an the
part of the developers.
He said that whom liked to participate to the attempted
reeurrectlem of the eases, two items became clear to him:
that kllg Reslty tae. had boas unreasonable for not further
reducing the existing Iodise in the merth slid the new
propose is the lout was not within the IStvelopeemt Guide
standards.
No said that the coamomts he had prepared did not
separate Lakeview and Southview Add would therefore be
speakint of both to ether mad whea Southvlew was presented
he would be srallobge to answer questtons.
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Mr. Bascom stated that the developers have deleted the
middle node completely on Lakeview. In regards to the
moderate node, a five acre office traet has been convert r4
to a community facility, the number of apartments has bee.i
reduced, the density per acre in the single family atcacned
has been reduced from the ort inaL 10 units per acre to
units per acre, which is actually 6.1 if the right-of way
was included in the denominator. He said that with regaras
to the intensity of the northern node, it is now between i
percent and 25 percent, depending upon which calcutarlan is
acceptable - either considering or not considering rlgnt-of-
way.
He continued tnat the node was completely deleted in
Southvlow at Colorado Boulevard and they have also brought
the residential density within the Development Guide stan-
dards of 1.7 units per acre. He said that the deductions
and deletions equate to the deletion of 600,000 square feet
of retail, 2,9 million square feet of office, vSS apart-
ments, and a66 single family units. he stated that they
felt the concentratloa roblom in multi-family in Lakeview
has been resolved and tat they have addressed the moderate
- node site and intensity through reduction and elimination
of uses.
He continued that in regards to the floodplain and flood.
way, the developers are prepared to address the requlre-
eents nocetsary to develop the property. The people per
acre have been dru tlcally reduced from 23 to LS.9, -In
Southviev, the node at proposed Colorado Boulevard has been
deleted, but the developers have proposed an additional
eight acres over the acceptable four acres so that there
would be a total of 12 acres for a grocery store site. He
said that the dwelling units per acre have bgen reduced
I from 7.1 to 1.1 units per acre, and the people per acre have
been reduced from 10 to 13.6 per acre. Th}} separation
problem was eliminated along with the mutt family that was
over the Devolop pat Guide standards, The development Ia i
percent under tAe intensity staodsrd vithout right-of-way
and 1 percent under the intensity as ndard with rlght•of-
way. '
Mr. Bascom said that the developers .ootinued to be cot-
fitted to the donation of rignt-of•way for and the construc-
tion of a air-lane road frog 1.351 to U.S. Highway 310 in
` the north, He said that he wanted to state for the record
r that a load Utility District would not be used for the
coostructlos of the road.
Thad Iruadrott, 1100 Macon Street, Fort worth stated that
he was a $ontor Planner for Carter 6 Burgess Ingineers and
planaers. No said that is the initial Its`so , they reviewed
exlstiag physical features of the land sucA as topography,
hydrology, natural $trot" , draws and drainage ways, vegf-
tatles, as well as the existing toning. They then began
conceptual lend planning,
Mr. Iruadrott stated that Lakeview and Southview planned
developments proposed to Incorporate a primary thoroughfare
linkage In the fors of Lakeview loulevard from interstate
3S to U.S. Highway 310. This primary arterlal to proposed
as a Ili-late divided roadway and to to be constructed In
' stalls coordinating readwo( development phases with
adjacent parcel developeea
IN FAVORS Tom Peters 1614 that he owns ten acres of
pr-oppe-rE'y which Is located 200 teat Iron the dudend of
H<ilnaey Street. Ma statod that the developmaat would
alleviate the too fogies that is buildin up in other areal
of Denton. He felt that It would not on~y promote growth
but would also be to the advantage of the City of Denton.
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gay Wilkinson stated that she lives in the area and Is for
the development but was concerned about being able to
chart `s the roving of her property for resale in the future
if all the Intensity is allocated.
4r. Halt asked 4s. kllkinson if her propperty vas la the
city limits. Ms. kllkinson said Yes, since 1977.
bfr, Halt asked if the developers contacted her or hoo offer-
ed to buy her property. Ms. Wilkinson said the developers
had contacted her about the toning request. She added a
realtor. who did not indicate if they were associated with
AMb Realty, had contacted her several months ago.
4r. Holt asked Me, Wilkinson it she knew how Many acres
were In the property located in the trlan`it shat was dis•
cussed earlier. Ms. Wilkinson said she did not know but
thought the residences were located on one acre tracts.
[lento Powell, It. 7 Denton, stated that she felt the devel-
opment would be an Asset to the City of Denton. She said
• the developers worked hard to satisfy the needs of the
people.
Francis Cray said that she !Sees in the Southview area and
had contacted those that lire, around her and was speaking
` for herself as well as the others when stating she was In
i favor of the devel-3psent.
E OPPOSED: Bill CIotborne, 120 $material Denton, stated
E tT,aF-Ti-i saw a pyroblem with the moderate node at Lakeview
Boulevard and Eelt there was room for additioaai improve.
meats to the concept plan.
Ms. !rock asked Mr. Claiborne it he had any suggestions for
the Comsistiom. Mr. Claiborne said to possibly reduce the
amount of sulti•fBelly, single family attached, retail, and
light Industrial. I
1, 1. locust 707 Aid`ocreet Denton stated that the plans
were bettor but still were not loos enough and felt the
Commission should ask for further Improvements.
Mitchell Turner, 2111 Stonegate Denton said he felt the
changes vote significant but were still too higih in Latta-
crowdedMdevelopmeetitinsregard tostheadensity.toe over-
Sue Smith, 1131 Crescent Deates, asked if tba amount of
yyarklaikd spocified was adequate. Ms. Smith, with the Parks
standardstiad t edaerosolAwas grafterdthan required,the
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b COM 111;AT[OM`h No, Cor of stated that staff recommended
1. All laforeatlom walrN by the planning and Devito seat
Dopartmeet at the Concept Me stage must be lubaltted
with the Detailed plan includloi: location of lots in
a resideatial subdivlslosl location of aa)or drainage
facilities and Leprevemostst location of me or electric-
al lives$ and locatloa, site and type of all fences,
1 berms. or ecreemlag futures,
II 2, trans lt, 11, 20, 21, and 11 dell noted on the Concept
J Plan is parts or parts/school shall be donated to the
City of gifts with the first ap roved final plot for 1
the phase is vhleh the property is leeatsd (excluding
platting for public improvomeats only).
~h
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S. Road construction and Improvements shall be comppleted
in accordance with the submitted phasing sch+dule. ~o
building permits shall be Issued for the nest phase of
development until the bridge structure linking the
phases has been completed.
a. Land uses penltted in the following categories shall
be In stCOrdance with the applicable sections of Appen-
dix 1, Zoning Ordinance, of the Code of ordinances.
The following specific restrictions are Imposed:
Light Industrial: Land uses shall be approved with the
detailed pan or those tracts. Uses to be excluded
from Light Industrial areas are. 1
Amusement, Commercial (outdoor), Drag Strip
or commercial Racing
Asphalt Of COnerete Batching Plant (permanent)
Brick Kiln or tilt Plant
oump or Sanitary Flll Area
Extraction and Sale of Sand, Callche, Stone,
Clay or Gravel
Fairgrounds or Exhibit Ar,u
Go-Cart Track
Hatchery, Poultry
Hauling or Store`a Cozpany
Heavy Machia•ry Sales and Storal•
Llvestock Auction
Livestock feeding Plant, Pens of Yards
Minis or Storage of Mining Mmsta$
Open falva • Yard
e Petroleum collecting or Storage Facilities
Private Utility Shop or Storal• Yard
I Rodeo Grounds
Send, Gravel or Earth Sales or Storage
Stable, Commercial Rental
Stable, Boarding
Stable, Private Club
Storage end Sales of furniture or Appliances
Outside a Building
Tire As-Treading or Capping;
Tool Rental
Trailer Rental or $ales
Used Auto Parts Sales
Genera Rot I Article 7 Subsections 6 and H.
c•s ro •ssiomal and Administrative Offices, +
orb o S;ervlcei Article 7, Subsection M. I
oana a ultyi Land uses shall be approved with
TS-4 e a • p am for these tracts. Community facility {
uses may includes
Art Gallery at Mus•u■
Cemetery
Church or Rectory
College or university
Public School
- Private School
Community Center
Day Mursary, Day Care or 1l11dergartem
Moepital
tasiitutioms of Religious or Philanthropic Nature
Library
Nursing Norm or Resldsmcs Mama for Aged
park, plarrlroumd or Public Community Center
Fire Statlat or Similar Public Safety luildiml
Public Building of Local, State or federal Covernmeat
9 Other similar uses approved on detailed plan,
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S. No access to Tracts 6 and 9 shall be permitted on
Trinity Road,
if any of the requested ppublic tapraresents are to
be constructed by the sala of the bonds under the
Lakeview Road Utility Disptrict, prior to the final
thesfoltowlnjenoclcearhalIrbeapiren toatRa purchaser:
..The realpppropporty, described below, which you are
utllltYODlstrict, iTheadistrict hat tasin~eauthority
separate from any other Lasing authority, and may,
bavd$- it ofpthisldate,/othesmosttrecenterate of states
It vied by the district an real property in the district
is 3 on each $100 of assessed valuation. The
tote aT mount of bonds which his been approved by the
voters and ssued is S--tch . have b Theepurposeaot thetdistrict ise
i to
provide for tTie construction and, prior to conveyance,
street orleadereroads."•tThenlegal doicrippltlonrofrthe
property which you are acquiring is as foliOva:
aVt@ gam sires o • er
"The undersigned purchaser hereby acknowledges receipt
of the foregoing notice prior to closing of the
purchase of the real property described to such
notice."
Lis t$ grit ur► o urc eaer
This notice, following elocution, acknowled might, and
closing of purchase and sale shell be recorded in the
dead records of Denton Cou,.y, pp
■entgwouldebe presented todthe planning andrCeai ssion
separately. Mo. Carson said detailed plans would be
required for each tract.
Ms. (rock asked It improvepnts to surroundin roads were
to be Included as to 10.126. He. Clark stated that the
phasing stated that t• roveaents would be side it the
equlred" nottthitrthey wouldstressed buired" toerepair the
cooditiom of the roads.
No, Irock asked that In regerdt to the devote sent phases,
swrouldth•.reMr. Clark stated that he assumed the response
ianidand he did aot feelathere would bo a er and flow response
time,
1 Mr. Holt asked th2c to relards to a moderate node, it
I the Piaa stated to acres mad the Comsissloa ranted 101,6
acres, it the Coaelssioa would be limited under the Plan.
No. Carson stated thst the boundaries could be redrawn
uyoo recoomeadatfea of the Cowlssloa and approval of the
City Council,
Mr, would horn the city. Mr. Robbins Consolation thathe t he did not
fool it would be a problem.
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Mr. Molt asked what tYDa of legal assurance the City MAI
about not using the RUG to finance the road. Mr. Morris
stated that the state law autnorites the City to dissolve
the district. He stated the City Council can dissolve the
district at any time by adoption of an ordinance. He
continued
uthat under pon annexationeofwtilI district eay have inen
the kUD but it the Council w rated to dissolve the AUD, in
ordinance should be adopted to clarify the situation.
Mr. Holt asked if the City could stipulate that a kUD
could not be used without a proval from the City.
Mr. Morris stated that the City nas to approve the
construction plans prior to use of the RUG.
''i. Brock asked if an additional condition could be added
to state that a RUD would not be allowed. Mr. Morris
stated that a recommendation would have to be made to the
City Council.
Mr. Engelbracht asked how long It would take before it
would go into effect. Mr. Morris stated that as soon is
the City Council paned It.
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Mr. Engelbrecht asked what options could the property
owners Eor the triangular property have. Ms. Carson
stated that the moderate node boundaries could be
redefined to include the piece of property.
REBUTTAL: Mr. Bascom stated that the developers were
r1C1'~ to agree to a condition to the planned develop-
ment tlat the RUD would not be used.
Chair declared public hcaring closed.
DECISIOMt Mr. Holt asked if the phasing would involve
an supIns. Me. Carson stated yes that a detailed pLan
would be required which Includes the submittal of a
land- plan.
Mr. Holt Stated that he had two me))of problems wish the
development, V the Road Utility fiistricr and 2) the
moderate node. He %slieved that the moderate node could
be dealt with later and the BUD should be dissolved.
Mr. Holt moved to recommend approval of 2-60.013 with
condition number sit bola` substituted to state that no
Road Utility District shall be used for the construction
of a road. Seconded by No. Merits.
Mil, track stated that ebe was net is laver of the devel-
op-,oat because of the moderate node.
No. tract moved to mate an uesdmeat by addin` a condition
that all electric service stall be purchased from the City
of Denton. Seconded by Mr. Gla `cock.
the cooditloa, Mr.klaicoi laid tai potii o or hadenoto
objectless.
P Mr. Morris stated the 00reportl1rr would be sold to
tle ftemntti o possible to require them
idand It woud
to Purchase city.
Chair called for a veto oo the amendamt end It carried
unanimously (7-0).
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4r. Ksoman stated that due to the moderate node problem,
he w s unable to support 2.8/•017.
Chair called for a vote on the original motion with
amendment to approve 2.11.015 and it carried (4•S)LL fntelbrecht, wr. taxman, a
M nd !!s. Brack rotsd n;.
.
C. 4•1111. Consider taking a recommendation on the petition
o
'Ad CnInt. requ*sting
pro aDDrarmI of a planned development
orment(PB~Iil~nd opDProparty currently toned planned derel-
ncludms ap ~roaidatelg9nd agricultural (A). The reQuesc
icludiaate y allla9 acres of yyropderty located
Pecan Creekan1.100 feet north of I•SSE and extending to
Surrey, Abstract 1]70r.uand thhwwillliam
b permitted: ing lland usesyr
Abstract permitted: it approved, the tolowin land uses would
Single family - 10
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S,; 12.0 acres wlcl a density of 3.1 units per acre
gle Family • 7
• 190.4 acres with a density of 4.7 units per acre
Single Family - a
50.4 acres with a density of 4,7 units per acre
cluster homes
.6 acres with a density of 1 units per acre
Mu1ti10
Famiy
Neighborhood $#twic~ a density of tt units per acre
0,0 acres
Co sunity Facility
• 3,0 acres
General Retell
• It.0 acres
~ School/Park
Perk 10.0 acres
• 11.0 acres
Right-ot•way
• 31.5 acres
h Flfteea notices were sailed to property owners within 200
feet; 6~e reply fora was rettlyed la favor and one was
received in opposition.
S?APF RIP t Ms. Carlos stated that la retards to the
atens y, he pr; arty is a low far#$lty area as defined
by the Coates Dereiopseat Gulds.
She said that according to the calculations, the pproposal
was S Percent wader the iactaeity atoadard excluding the
right•ef•wey,
NF. Carson stated the project cinforas wit's the Develop.
most Guides stsadards is the area of demo)ty with a.l
unite to the acre in single tally lad ti units or acre
with ■ulti•taall , for a total doMity of 5.2 umlts td the
acre excluding t4a right•of•way, the total density would
be slightly gels with the right-of-way lacluded.
She said there more seat qquestloas regordiag the school
site Is the 100 ear floedPlala and that the citi has
requested that the from be elevated,
No. Carlos coallmued that a portion ev the property
1 located at the iatetsectlea of Fockrus toad and Shady
i Shore/ is 16404 p1aa4N development. She stated that one
p1e4atd derelopmoa2 Is maned for 31•7 and eltate•tUyd
rcoldences and the second ' is for a asmufactured Aousing
lubdlvisloa. She stuld the remaining property is toned
agricultural.
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IF, Con}ider making a recommendation to add the intensity
calculations for study area 40 to Appendix A, Denton
Development Plan.
STAFF REPORT; Mr, Pereaud stated that the Appendix A Task
Force considered the boundaries of the moderate activity
center, known as area 40, at its meeting of November 15,
1988. The Task Force agreed that this nods should not be
extended north of University Drive because of the high
quality of existing single family housing in that area.
Mr. Persaud continued that the Task Force voted 5 to 3 to
recommend the following boundary description for this
moderate node.
"All that are bounded on the north by
• University Drive, on the east by Trinity
Road, on the south by a line separating
multi-family and Light Industrial zoning
from single family SF-7 zoning in PD 128
and on the west by Lakeview Boulevard and
j the west boundary line of PD 128; and
incorporating approximately 119 acres,"
Mr. Holt asked why three members of the Task Force voted
in opposition, Mr. Pereaud stated that the Denton
Vgvelopment Plan states that a moderate node would include
8ri acres and by including the Light Industrial area, made
it larger. These members felt it should stay as close to
the 00 acres as possible.
Ms. Brock asked what was on the northeide of this area.
Mr. Pereaud said that on the north are single family
homes.
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Mr, Holt stated that he had a problem with the area and
felt that a strip shopping center would be built in the
future if the homes were included in the moderate node.
He added that he felt the triangular area would be the
first to be developed.
Mr. Kamman asked what would happen to the area if the
moderate node was denied. Mr. Holt said that he would
assume that it would effect the value of the property.
Mr. '~lasscock stated that he is on the Task Force and he
was one that voted in favor of the area. He continued
that the property is locked in and unless something is
decided upon for the area, the property owners won't be
able to do anything with it,
DECISION: Mr. Glasscock moved to recommend approval of
the area as approved by the Task Force. Seconded by
Mr. Kamman and the motion carried (3-4). Ms. Brock,
Mr, Holt, Me, Kiker, and Ms. Morgan voted no. 1)
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November 30, 1988
Page 2 DRAFT
Mr. Robbins stated that the Commi.lsioners may want to
consider different boundaries anc vote on the new
boundaries. He said if not. staff would take it back to
the Appendix A Task Force and let 'hem recommend a
redefined boundary.
Mr Engelbrecht asked what would happen to the zoning case
if the Commissioners chose to send area 40 back to the
Task Force. Mr. Robbins stated that it would be postponed
until after the Task Force made its recommendation.
Mr. Engelbrecht asked if there would be an additional cost
II to the petitioner. Mr. Robbins said no.
-Alexander Bascom Jr., RMB Realty Inc. Dallas, stressed
that RMB had told the Brooks that they would be in support
of the zoning change but felt that if the city was going
to start tampering with the lines of the node, it would be
unacceptable. He said that to draw new lines and to take
k out part of the planned development would give RMB a fear
of the unknown.
Mr. Holt stated that he did not sea why it would affect
RMB Realty, Susan Mead, attorney for RMB Realty, stated
that if the planned development was not in the moderate
node, the city could come back later and downzone the
property.
Me. Brock stared that she felt area 40 should go back to
the Appendix A Task Force to redefine the boundaries. The
Commissioners agreed.
Mr. Robbins stated that it would be put on the next agenda
for the Task Force.
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Minutes
Planning and Zoning Commission
December 14, 1988
Page 2
III. Considerations
A. Consider making a recommendation on the boundaries for
the moderate activity ce ter located at University orive
and the proposed Lakeview Boulevard.
-1 STAFF REPORT: Mr. Persaud stated that at the last
Planning and Zoning Commission meeting, the Commission
expressed concern about the size of the node being too
larss and that strip commercial development was likely
i to occur along University Drive. The Commission
requested that the item be sent back to the Appendix A
Task Force to be reconsidered. The item was placed on
the Task Force's December 6, 1988 agenda for reconsidera-
tion and the Task Force voted 4-4 on a motion to
reconsider its recommandation. Mr. Persaud said the
motion failed due to the tie vote and staff is returning
the matter to the Commission to consider making a
recommendation to the City Council.
Mr. Persaud stated that staff included in the
Commissioner's backup material three options that they
could choose from or to consider their own boundaries.
He said that option A has natural boundaries (i.e.
University Drive and Trinity Road) though it consisted
of 119.12 acres. Option B excludes the single family
homes and consists of 106.93 acres., Option C excludes
the single family homes and the light industrial area.
The size of Option C is 71.13 acres though there is less
consistency between the concept map and the current
zoning.
Mr. Persaud said that potential commercial development
could occur along Highway 380 in Option C but all options
have some potential present. He said that Option C is
less consistent in drawing the boundaries and all options
have more than the d0 acres as stated in the Denton
Development Plan for a moderate node.
Mr. Persaud said that a moderate node should service the
surrounding area and the closest node to this is 2 miles,
though from edge to edge is about eight miles.
,
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D
Minutes
Planning and Zoning Commission
December 14, 1988
Page 3
Mr. Holt stated that the lest time it was brought before
the Commission, he did not like it because he did not
want a repeat of what already is existing. He has since
read the analysis and has talked with several staff
personnel. He said that with the new landscaping and
sign ordinances going into effect, many doubts would be
removed. He added that he would now approve option A.
Mr. Glasscock agreed with Mr. Holt and added that he felt
the same as before and would also approve Option A.
pECISION: Mr. Glasscock moved to recommend approval of
Option A. Seconded by Ms. Morgan and unanimously carried
I B. Consider making a recommendation on Article 17, Signs of
Appendix B, Zoning of the Code of Ordinances.
1
,GAFF REPORT: Ms. Carson stated that she give a summary
i, of the meetings regarding the sign ordinance. She said
that the Government Relations Committee met with staff
and some members of the Beautification Task Force on
I December 5, 1988 to discuss the revisions to the sign
ordinance and the following suggestions were made by the
Commi tt.ee
1. Maximum square footage of signs on I-35 - 160 {
Maximum height of signs on I-35 - 30 feet
2. Allow wind devices to extend beyond 5 feet from the
building and for a maximum of 30 to 45 days and 1
require a permit.
3. Establish a public awareness program about the sign
ordinance. 1
4. Establish a routine code enforcement process to
randomly inspect signs including giving notice when
a sign complies with the ordinance.
6. Consider allowing two ground signs for state or
national flags.
6. Consider reducing the effective area and height of
signs allowed on arterial streets.
Ms. Carson stated that following the meeting, staff was
contacted by a representative of the Government Relations
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CITY Of DENT0N,TNXA8 MUNICIPAL BUILDING/ DENTON. TEXAS 76201 /TELEPHONE (817) 660.8307
Office of the City Yonagor
M E M O R A N D U M
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
DATE: January 6, 1989
SUBJECT: Back-up for Agenda Item 15
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Mr. Douglas presented the attached information for back-up materials
to his agenda item. In addition, I have attached a previous back-up
memo from Harlon Jefferson and a prior letter from Mr. Douglas.
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Gentlemen
The city of Denton should immediately cease to teach
defensive driving classes, because it is breaking the law
each time it does so, followea
A. Neither the Texas constitution, the city charter, nor
Texas general laws permit the city to operate an enterprise
which is not a utility.
S. The city is using a fraudulent telephone listing, which
violates both civil and criminal laws.
C. The city is involved in a conflict of interest, as
discussed below.
D. The city is competing with private business, without
having obtained from the state a certificate of convenience
and utility. 1
E. The city is operating outside of its municipal limits,
without having obtained a certificate of convenience and
utility.
F. The city violates Toyis constitution Art. 8, 13,
j forbidding use of public resources for other than normal
governmental functions.
G. The city violated the same article, when it mingles city
revenues with revenues from the teaching enterprise.
H. As revenue collected from a water utility may not be
transferred to the general fund, this may be true of other
activities as wall.
1. Defensive driving is not a commodity and a necessity, and
therefore not a utility.
J. A city may not operate a school without first
establishing a school district with which to do so.
K. A city may not operate a school unless it is part of a
separate and independent school district.
L. A city may not operate a school outside its limits.
H. A publicly operated school must be free of charge to the
student.
N. The Texas constitution, Art. 11, 17, requires that a city
` may not become a subscriber to the capital of any
II association, nor in any way loan its credit.
` The city is operating ultra vires, or beyond its
authority, in all of these cases,in3-in contradiction with
the Texas constitution, state law, and its own charter.
` Greater detail is provided belowl
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1. Ultra Vires
Neither the city charter of the city of Denton, nor the Texas
constitution, nor general state laws allow the city the
authority to operate a business, other than a utility.
In 1929, the city argued in court that it was entitled by its f
charter to enter the ice business. It cited the following$ li
The 1911 Denton City Charter and 1919 amendments, especially
Article 2, sect. It Article 5, sect. 3, and Article 7, sect.
2,3,5, and T.
These articles refer to taxes, the right to issue bonds, and
powers of the council and city manager. The court ruled
against them, and they appealed on the basis of ice being a
utility.
The closest such power of the council permitted by the
charter, is the establishment of a free public library, and
cooperation with associations for that purpose. The city
manager is empowered to make financial recommendations t~ the
council.
7. Fraud and Unfair Competition
The city is engaging in unfair competition, by means of a
III! fraudulent telephone listing. This listing, under municipal
Court Clerk in the Denton white pages, and next to the
sib-listing for Traffic Tickets, provides false and deceptive
impressions to the public, includingi
a. That defensive driving is a function of the municipal
court clerk's office. '
1
b. That the caller is communicating with the municipal
court clerk's office, rather than an answering service in
another part of town.
c. That the school listed there is the only one.
d. That the school listed there is the 'official' or
'approved' one.
e. That the City of Denton, or the Municipal Court i
Clerks office is in some way in charge of defensive driving
classes.
3. Conflict of Interest
The city is also engaged in a conflict of Interest. The same
entity which writes traffic tickets, also makes money by
teaching the classes which result from those tickets.
If a person in Denton believes a traffic ticket is unjust,
and attempts to go to court, he finds he has been given the
same court date and hour as 50-100 other people. After
spending about an hour there, he learns that, to go to court,
4 he must come beck another day,
j Most just give up and pay the ticket. Many of those who know
about this and percieve it as a racket, designed to
discourage use of the court, take a defensive driving course
instead.
Then the city makes money on them in that case as well. The
citizen pays the city $10 for permission to take the class,
and W for the class, so the city recieves $30 from the
a
3
citizen. The citizen may 1e convinced he is innocent, and he
may be convinced that defense in court is discouraged, in y
order to obtain his money. 1
4. Certificate of Convenience and Necessity
it appears the city is violating the law, in having failed to
obtain a certificate of convenience and necessity from the
state. This is required if the city operates in competition
its witbusiness, and if h boundaries e(which itrisedoingeninrDecatur.)
side city 5. Precedent
A number of years ■;o, in 1979, the city of Denton was sued
by an ice compan, Wonwinntheelocity went Into the ice wer court, on the basisuthates
The ice company mpany
_ public revenues may not be used for such purpoeear that no
law or charter authorizes the city to engage in a business of
a private character, and to du so is ultra vi_es and illegal.
Texas Constitution Art. B, 13, foroids use of public
resources for purponea other than normal governmental
functions. Various decisions have held various matters to be
public or not public purposes. for example, A presidential
wheras ytiwas hold not a ck eradication pwasia publicep`cpoeePense of toads,
j it to my contention that revenues collected by the city from
teaching defensive driving classes become public revenues,
and as such, may not be used for the operation of a business.
The city also uses classroom space paid for by the taxpayers,
a supervisor and a personnel office, supported by the
taxpayers. Though they could do bookwork suggesting
till exf oy involvement
mingling t of p taxpiyars'spart,otho fact
repayment
of
S. Revenue from a Utility
As 1 have found a reference stating that revenues collects
from s water utility may not be transferr to theugeneraee.
fund, it appears that tho same may apply to other -'li
Thus, if the city should declare that defensives riving tie; o a
utility, they would not be entitled, by +
place the revenues into the goneral fund.
6. operation of Utilities permitted
in the 1919 ice case, the city won in the appelate coutt, by i
stating that, as a commodity and ■ necessity, ice is a
utility, and the city is authorized to provide utilities.
in the present case, defensive driving classes are not a
commodity or a necessity. They do not lend themselves to
natural monopoly, nor meat any other test classifying a
service as a utility.
7, independent school district required
i Article 11, 110, Texas State Constitution, enables a properly
chartered city to set up a school district, only after
holding an election. A 1905 act requires that such schools
be free of charge to the student. ISchool laws of Texas, Art.
7766).
A city may not operate a school outside oC its limits.
.St.art. 7803, Mcerscheel v. Eagle Lake, Civ.
(Vernon :CIv .
App. 236 S.W. 1
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A city may operate a school only if it is a separate and
independent school district. (Smyles' Civ.St. 1889, art.
42ia., McCombs 4. Pockport, 14 C.A. 56D, 37 S.W. 988. J
A city must first obtain authority before operating a school.
(El Paso v. Conklin, 91 T. 539, 44 S.W. 988).
8. Lending of Credit
Article 11, 03, Texas State Constitution, forbids a city from
becoming "a subscriber to the capital of any private
corporation, or association, or...in anywise loan its
credit...."
The city has subscribe) to the capital of a privat^
association, in this case providing 1001 of the financing
necessary to operate the teaching enterprise.
Thi city of Denton has lent its crodit by entering into an
arrangement with the Texas Safety Association and the
National Safety Council, to operate a business in cooperation
with them, and to pay to them certain reimbursements. Though
the enterprise is currently financially successful, it is
possihle and conceivable that the enterprise could lose
money. In that case, the city would bear the whole loss,
rather than the other associations.
To cover such a potential loss would require the use of tax
revenues, violating provisions mentioned above, in topics 1 5
and 1 8.
This clause of the constitution prohibits local governments
from issuing any form of financial assistance to private
enterprise, not only to railroads but to all other private
agencies. (Const, art. 1 i16r art. 3, 0151, S3r art. 11, Iii,
51 art. 16, 016, 431 U.S. Const. art. It 410).
Ues of the city's personnel apparatus, the city's good credit
in advertising, keeping a telephone line, and paying an
answering service, amount to financially assisting, in kind,
the teaching enterprise, and the lending of credit.
A city can not obligate tax purchased property lin the
present case, a meeting room) to a private charitable
organization on a condition of later reimbursement. (Op.
Atty. Gen., 1947, No. V-173, regarding a hospital
laboratory.)
A city may not enter Into a partnership with a private
organization. (Lewis Y. Austin, Civ.App., 147 S.W. 2d, 298
regarding purchase of mutual insurances Op.Atty.Cen.., 1939,
No. 924, regarding purchasing mutual insurance).
Yours truly,
E. E. Douglas
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TEXAJ CRIMINAL LAWS PENAL CODE 62
IC) Ns value of the property Stolen Is teas than $750 and the (c) For purposes of Subsection (bX2) of Ills section, notice shell be
de ohdart has been previouety convicted two Of more times of any notice in writing, sent by registered or certified mail with return receipt
grade of theft; of requested or by telegram with rapOrt of delivery requested, and ad-
(5) a felony of the second degree If: dressed to the eclat al his address Shown On the rental agreement.
(A) regardless of the value, the property le: (d) 11 written notice Is Oiv!, In accordance with Subsection (c) of IN A
(1) Combustible hydr0vuoon nalut4,l or synthetic natural pas, section, it Is presumed that the notice was received not later than live
or crude petroleum oil; or days after It was sent
(IQ squliidesigned for use In exploration for or production (e) An offer," under this section is:
of natural gas or crude petroleum o!1; or (1) 1 Cuss C misdemeanor if the value of the s' rvlce stolen Is less
(lip equipment designed for use In romedlel or diagnostic than $20;
opsrallons on gas or crude petroleum oil wells; (2) a Class B misdemeanor it the velum of the service stolen is 120
(B) the value of the property stolen is $20,000 or more; or or more but 1656 than $200:
(C) rageldles5 01 the value, the property was unlawfully sp t0) s ClaSSA mudemeanov if the value 01 the service stolen is $200
proprulsd or attempted to be unfawl Aly appropriated by threat to or more but less than 1750;
commit a Islony offence against the person Or property of the per, (4) a felony cf the third degree If the valua of the service stolen Is
con threatened Of another or to withhold Information about the $750 or more but less than $20,000: I
location or purported location of a bomb, poison, or other harmful (5) a felony of the second degree if the value of the service Stolen Is 1
obJect that threatens to harm the person or property of the person 120,000 or more
threatened tY another person. Sec. 31 As. Theft of Tiede Secrets. (a) For purposes rl this section:
(q An offense described for purposes of punishment by Subsection (t) "AAlels" means any ob)ecl, malarial, device, or 5ubstsnea or
(a) otihis wilon is Is shown on the rial of theed tothe neri highd,utegory, cl offense if It any copy therrwf, including a writing, recording, drawing. Sample,
lic snee thab specimen, prototype, mooel, photograph, microorganism, blueprint,
` Is shown on the lwa a the
(t) the actor was a public aed came Into lima
o the actor's t of solu ctal anslodY, d r)~ or map
(?7 the property appropriated ced (2) "Copy" means a facsimile, reDliee- photograph, or other
poue6slon, or control by virtue of his statue as a public Servant. reproduction of an article or s note, drewlnp, or sketch made of or
a" X1.04. Theft of i$wOm (a) A person commits theft of service it, article.
with Intent to avoid payment for service that he knows Is provided only from m IM arti anti SenlVnp" means describing, depicting, containing, COn•
for C1) enntenti sthuting, reflecting or recording,
threat, d false Secures performance of it a sar• v4) "Trade secret" means the whole or any part of any SelentiflC or
deception, p M Intentionally
vice by having control ovd, lee is token IschnlCal information, design, process, procedure, lotmuu, Or W
chic I en Or poalOf NfYloea of another to provemenl that has value and that the owner has taken measures 7
which tilled to them; M vi not his entitled, he Intentionally 10 h or knOwl Anolndiverts the prevent from becoming available to I. rsons other than those 101904
fillers or to his own t wufit of to tee DentdlAnother not en by the owner to have access for limited purposes.
(b) A person commits an offense 11, without the owner'aeffective cero
131 Mvingeontroloffr+ondpropertyundd,awrlltsnienlal agree- son(, he knowingly!
rnent. M holds the property beyond the expiration of the rental period race Sauer;
without the elfoel!ve consent of the Ownd, of the property, thereby (t) makes n ls an article re Drasentlnp Secret.
trade +ecr01; or 01 deprlv'r0 the owner of IM property of its u5a In further rentals. (2) tkno (0) makes a trade
CoCOlpy s es or transmits a tre a secret.
(W For purpoSOS of 1nIS section, Intent toavoldpaymenllS presumed (c) An olfense under this Section Is a felony of the third degree.
it See. yt,hd, Presumption for Theft by Check. (a) If the actor obtained
(1) the actor Absconded without paying for the service In clr• property or Secured performance of service by Issuing or passing a
cumatanaes where payment Is Ordinarily made Immediately upon chock or Similar Sight order for the payment of money, when the bluer
r~llsl e-1 1M Service, as in hota:+, restaurants, and comparable did not have sufficient funds in or on deposit with the bank or other
eataDllal msnta; Or drawee for the payment in full of the check o' order V t.Oll as all orr,er
d (2) the actor filled 10 return the properly held under a rental agree- Checks or orders then outstanding, his inlent to deprive the owner of
i ment within 10 days aflar recelving notice demanding return.
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PENAL CODE 61 PENAL CODE 07
(2) any physical obJsCI Connected with the body.
(c) An offense under this section Is a felony of the third degree. (2) it is about to suspend operations or go Into receivership.
be0. 1045. Criminal Trespass. (a) A person commits an offense it ho (b) It Is a defense to prosecution under this seetlon that the person
enters or remains on property or In a building of another without effec• making the deposit, premium payment, or Investment was adequately
Sire owsent and he: Informed of the financial condition of the Institution.
(1) had notice that the entry was forbidden; or (c) An offense under this section Is a Class A misdemeanor,
(2) recelvsi notice to depart but failed to do so. SUBCHAPTER D. OTHER DECEPTIVE PRACTICES
IN For purposes of this esotlon:
(1) "entry" means the Intrusion of the entire body; and
(2) "notlca" means: Sec. U41. Issuance at Bad Check. (a) A person commits an offense
if he Issues or passes a check or similar sight order for the payment of
(A) pal or written communication by the owner or someone with money knowing that the issuer does not have sufficient funds In or on
lancing Or O toher set for to the owner, deposit with the bank or other drawee for the payment In lull of the
lruder4 Of enclosureobviously dealgned to exclude In check or order as well see all other checks or orders outstanding at the
Of to or oto contain livestock; Or time of issuance.
(C) a $1901 or •ICAS posted on the propertY of at IM entrance to (b) This section does not prevent the prosecution from establishing
the building, reasonably likely to come to the attention of Intruders,
Indicating that entry Is forbidden, the required knowledge by direct evidence; however, for purposes of
(c) An offense under this Section Is a Class a mtsdw*lkw unit" it this Section, the issuer's knowledge of Insufficient funds IS presumed
Is committed In a habitation or the adp carries a deadly weapon on or (except In the case of a postdated check or ordeQ If: 1111
about his person during the commission of the offense. In which went 11 (1) he had no account with the bank or other drawee M the time he
Is a Class A mlademeanp. Issued the check or order, or
(2) paymant was refused by the Dank or other drawee for lack of
,
CHAPTER 31. THEFT funds or insufficlem funds on presentation within 30days after Issue
and the Issuer tatted to pay the holder In lull w Ithln 10 days after
See. 11-01. DOM MOM. In this chapter. receiving notice of that refusal. '
(1) "Coercion" means A West. however Communicated: (c) Notice lot purposes of Subsection (b)(2) of this section may be
(A) to commit an offense; notice In writing, sent by registered or Con'Pad mall with return recr pt
requested or by telegram with report of delivery roqueslod, and address.
(B) to Inflict bodily in)ury In IM future M IM person lhrsalanW ad to the issuer at his address shown on:
Of another. (1) the check or order;
(C) to expose $ person of any offense; , Conor (2) the records of the bank or other or..tee; or
(D) to harm the a person to hailed, Contempt, ridicule: (3) the records of the person to whom tie check or order has been
(q to harm rm !M credit or buster" repute of any person; or Issued or passed. ~
(F) 10 ISM or withhold sCW so a public servant, p 10 cause a Iss II nodes Is Mean in accordance with Subsection (e) of this section,
POW o servant to I$ka or withhold actlon. It Is presumed that the notice was received no later Than five days after I
l2► "Detepl on" means 11 was sent.
(A) Crsstln9 Of confirming by words Or conduct a false Imprsa (e) A person charged rlin an oflense under this section may male
sloe of lawor fact that 1s likely to affect thaludomanl_ol_another In restitution for the bad checks. Restitution shah be made through the
the transaction, and that 1 see a not Wl trw; prosecutor's office If collection and processing were Initialed through
(9) lalltn9lO~preetafalealmpreesl0nofl$w07 fact lhatlsllksy
to alfao or I that oflics.Inother cases restitution may, with theapp(ova)oltheCourt
transaction, that the odor In which the offense IS filed, be made through the court, by certified
previousty created Of COnflrmed by words or conduct, end that the checks, cashiers checks, or money order only, payable to the person
aclor does not now 1134104hts to be true; that received the bad checks.
(f;) event' another from ulrin Information Ilketyto•HK1 offense under this section is a Close C misdemeanor, j
hle) men n ransed Sec 12 42 Decepllw Businew PredioN. W For purposes of this
(D) Selling Of otMrwlea transferring o/ anCUrttbering property section: wwowlh '
without disclosing s lien, security interest, adverse claim, or other
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TEXAS CRIMINAL LAWS PENAL CODE M
(i) "Adulterated" means varying from the standard of compoelllon (3) taking more than the represented Quantity o1 propertyor service
orquality prescribed bylaw or sel by established commercial usage. when as a buyer the actor furnishes the weight or measure;
(2) "Business" Includes trade and commerce and advertising, sell. (4) ceiling an adulterated or mhlabeled commodity;
Inp, and buying service of properly. (S) passing off property w serylge as that of another A-
(3) "Commodity" means any langibleor intangible personal proper. (8) representing that a commodity le original or new if ff Is
ty deteriorated, offered, rebuilt, recondRbned, reclaimed, used, or
(4) "Contest" Includes sweepalsks, puzzle, end game of chance. secondhand;
(S) "Deceptive sales contest" means a sales contest: (7) representing thata commodity or service Is of @ particularatyle,
(A) that misr4presents the participant's chance of w(nnlnp a grade, or model 11 It Is of another,
t prize; (8) advertising property or service with Intent:
(B) that fails to dlsclose to participants on a conspicuously (A) not to sell II as advert lead, or
displayed permanent poster (11 the contest Is conducted by or (B) not to Guppy reasonably exwleble public demand, unless
through a retell outlet) or on each card game piece, entry blank, or the advertising adequately dlscbses a time or quantity limit,,
other paraphernalia requlred for participation In the contest (if the (9) representing the price of property or service lalso or In a way
contest Is not conducted by or through a relail outlet):
lending to mislead,
( (q the geographical ores or number of outlets In which the coo- (1g) making a materially false or misleading statement of fact coo-
lest Is to be conducted; Corning the reason for, existence of, or amount W. 9Ar1Ce or prtos
(Ice an accurate description of each type of prize; reduction; t
(ill) the minimum number and minimum amount of cash prizes; (11) Conducting a deceptive sales Contest; of K
and (12) akin a materially false or misteadin~~~~ $~tatem_~ent:
IV) the minimum number of er^v ether type of prize; or (A) (n an a e ement of the have orTfpropsrty of aer•
(C) that Is manipulated or rlgget hat prizes are given to vies; or
predetermined persona or retail astat vents. A sales contest is (8) oth4twiss in connection with the purchase or sale of proWy
nol deceptive II the total value of prizes to each retell outlet Is In a or service.
uniform ratio to the number of game pieces distributed 10 that (c) An oflense under Subsections (bXl), (bM21, (bX3h (bX4h (YX% and
{ outlet. (b)(8) of this section Is:
(8) Valsbeted" means varying from the Standard of truth or (1) a QLs C misdemeanor If the actor commits an offense with
disc"uro In lsbeling prescribed by lawor sel byeslabllshedcommer• crimintl negNaMC and if he has not previousy, been convicted of a
cial usage, deceptive business practice; or
(7) "Prize" Includes gift, discount, coupon, certificate,gratully, and (2) a Class A misdemeanor If the actor Commits an offense InfM
any other thing of value awarded In a sales contest. tionall knowln I reckle el or If Re has boom previously ConvlCI
(8) "Sales Contact" means s contest in connection with the sale of of a CUSS B W C mra armeanor under this Section.
- a commodity or aervlce by which S person may, as determined by (d) An olfenaeunder Subsections (bX7(,(bM,(b)(%,(bXttn,(b)(11) and
dewing, guessing, malching, or chance, receive a prize and which It (b)(12) is a Gass A misdemeanor,
not regulated by the rules of a federal regulatory agency. Sae, 32.47. Comrl* lal l". (a) For purposes of this section:
(g) "Sell" and "sale" Include offer for sale, advertise for sale, ex
posed for sale, keep for the purpose of sale, deliver for or after sate, (1) "Bersefletary" means a person for whom a fiduciary Is acting.
(2) "Piduclary" means:
solicit and offer to buy, and every dlsposltron for value. (A) an egent or employee;
(b) A parepn commils an ollense If In the Course of buolness he Inters. A a trustee, guardian, custodlen, administrator, exaCUtor, coo-
Ilonally, knowingly, reckUaay,or wlthcriminal negligence commiUong servalor, recaher, of similar Ilduciary,
Y I or more of The W10W1ng deceptive Eustness pncuceSr
f (C) a lawyer, physician, accounlmt, appraiser, or altar pro}es.
j (1) using, sellMg, M poSSesatng for use or sate a ISIS& weight of ,tonal advlsor, or
measum.or any other device for tersely determining or recording any (D) an officer, director, partner, manager, or other participant In
quality or quantity: the direction of the affairs of a corporation Of sSSOCI& ton.
(2) selling toss then the represented quantity of • property or $or. (b) A person who Is a flduciary commits an offense If, wllhout IN
vlcs; consent of his beneficiary, he intentionally or knowingly solicits, so-
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1, I conclude that the plaintiff as a privets core-
oration, and a tax-payer in the city of Denton, suffering
spacial pecuniary damages, as a matter or ltw is authorized
to bring and maintain this suit for injunctive relief in
the capacity to which it avee. ~
2, That the levying and collecting of taxes by the
mu_S
city of Denton, or using other publio funds or revs
for the purpose of engag/ an the Ice business, would
be in violation of Section S, of Article Vlli,of the Con+
stitution of the state of Texu, which previdse that trrew
may be levies and collected by general laws ani for At
3 ~
i plrpoess only,
S. The: ::.t defendants as a municipal eerpornti.c.
rt unathoritO ty either general laws or the charter o
said. city to tr,-tGe in the busineso of nar.ufa:turing or
i
selling let, ..nt contract made fc^ t:..: ,.rpass would ~
sae ultra vires aa: illegal
i. That the business c: manu:t M ring and selling
lot is not a public utility, but is a private business
to distinguished from a public business.
5, That no debt can be created by a city of the
defendants herein acting for the city, without the levy-
ing and collecting of a tax surfisient to tale cared
inters a! ~ etod Lund thereaa, not to exesed twoAper
f I eentoup"4t99 ani for thet reason the pleintilfe arc also
f entitled to have this injunction remain to forgee
g. That the defendants herein have no authority in
law to mortgage the water and light plant of said defendant,
city of Denton as a security for the debt pleased by them for
the purpose of erecting and AulpinC an let plant, and no
Pew- sr in law to use or divert siy :undc cr rsvtrues derived from
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i - 1 LQT DRNTON CODR I toe 1 ees CHARTER l e no
lee. LOT. Role of preeelare, aMRles (k) Adapt and modify the building code.
(1) Adopt, modify and carry out plans propceed by the
The council shall "Mine Its own ruler of proeNurt and planning Commission for the clearance of alum dintricO
order of buslnees. Minutes of all mestinge of the conndl shall and rehabilitation of blighted areah and for the re-
be taken and preserved as a permanent record open to the planning, Improvement end redevelopment of anY area
public for Inspection. or district which may have been destroyed In whole or
to part by disaster.
See. LK Powers of the eseadl. (m) Resulats, license and fix the charges or fares made by
Except as otherwwlss provided by this charter all popere of any person, firm or Corporation owning. operating or
the city and the determinstbn of all matters of polky shall controlling any vehicle of any character used for the
be vested In the council. Without limitation of the powers carrying of pasaenrera for hire or the transportation
granted or delegated to the city by the ComotitutION statutes, of freight for hire on the public streets or alleys of the
or this Cherter, the council shall have paper to • city.
(a) Appoint and romeve the city scatter. (a) Provide by ordinance for the esercim of the pollee
th) Appoint and remove the city attorney and the powers of the city.
municipal court judge. (o) Establish and mAl-Italy a frea public library and to co-
it) Approve members of aft boards, eOmmltelenl and Com• operate for such purposes with any person, firm, aaso-
mlltees serving the city. elation or political subdivision in the manner prescribed
(d) Adopt the bedset of the city. by ordinance.
(A) Fix the salary of the city manager and, in cooperation (p) Provide by ordinance for the exerelse by thle city or
with the city manager, ell other Salaries. any and all powers o' local self-government not made
self-enactint by this charter or by statute.
Ill te na rihs klnte. esnance of bonds ses*r (q) Inquire Into the eondcet of any office, department or
menu of revenue ne or or wsr
i menu o
(O) Approve plate. agency of the city and make Invntigetions of munlciral
(h) Adopt and modify the official map of this city. affairs'
(1) Adopt and modify the coning plan which BUY rMtlats (r) Provide for on Independent audit,
an. fie the height and number of stories of bulldinp (a) Per'or n the dietricting and redistricting function.
and other structures, the site of yards and courts, the (Ord. No, 78-12, Amend. No. e, 4-6.78; Ord. No. 79 P8,
density of population and the location and use of bulld• y 2, 12.11.79, ratified 1-19-801
Inge for trade, Industry, business, residents or other
purposes. Sea 1.00. Ordlnaneer,
(j) P Ide t the soUbIlo kind and designation build. (a) to addition to such aces of the council as are requlrpd
by staWtes or by this charter to be by ordinance, every er
, structures, or Improvements which may btarected
Inge
therein, and provide for the condemnation of danger.
out or dilapidated buildings qr structures which In.
cream the fire hatard and the manner of their removal
e !destruction. 6
R» No $Opp Na.So 6.1
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Arta 111 g 10 uUNtiat4 MIRPORATIONS 1 SUIMI, CISTRICr3-TAXES Art. 11r 11.0
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lowered the left levy Rail from 11 pes 8100 valuation to Soy (lien I Ind, i.',sh eel di,l rich cunlaiuing IerrinRy in Iwo m nhlre noonti4/
Laws, 16th 1xl. Reg.Stsa pp. 49-50). In 1881, 10w00 of aver 200 I 'oily too rrcnv,l and known a1 County line indcpr Idols Jl,lrias, Not
plooLliun were pcrmhttd to incorpaue for School purtosca uolY must be al'Pnn•ed by a majority vote ul the iub,,bilamis of
upuo a is parable majority vlA4 of the In11abl1anti Provision moo d.. a rriapry iuvulrcd.
male for on tWive beford of fivetrtlMea who were to have durpe 'I'ts, ,kct6~u can lips r;l0 by the county judge of of either couuly
of uluxJ affairs, but will distwkt/ hat no power of laaalitm (9 in„ hsJ. Phis prupisiucl J Coroccirdrij by the county lick districts t4i 6 poltroon.
Ganund't laws of Teas, 10O). Tula was de first Instal,ve whsle toot to all act of the kilirlalure of 1911 (Sth(d Laws of Texas,
invrtwratiaa for achud purlwca were allowed of appear kukpenJ• A n. 2761).
mdyof incvrporaliats tar municipal purpoafs. 2J I'•I• file krml of an act peswd In 1930• ...uulot ech,ot dia•
After ISM cities and towns lnnpid succession toot charleof their 140114 may le: inroryoratcJ into Independent disfliat fur t.l,uul
Khoo, If they were irlruporaled for munk11411 purlisto tbcy pile{.«'v Daly. wherever a majority of flow legally qualified prnintty
did this wkk'r am provisions of de cumrilulian and this aabliag ode video tngrlh::r wilh a "juri!y of tips tru.leee rrtidmg
of 1876 whist, permitted suck action alter a uwj,sfilY vote. Gther• h, .still roummo di,trkls petition the county bard of Irustves Its a
false they assumed coxi by ineciWatiol themselves for ull,+,l"Ct"• lr,ol.11.01:Ibcln (SChnoliiwsof Tales,AIL 27421(1)),
pwpusea only, punwnl Is the all of 1881. Qdy the slued Jis•49~- 1 3) An act pissed in 1905 set forth that any lily or will might
trkts incorporated and aipsrsted in connCaiun with alunhipld in- I aap,ire Ibe exclusive control of public free sch(uk willli,l it, limits.
cm,vxati,t,l had flux parr to tax. They pew in strength and far It tl;+ly+l 11,31 any oily or lawn which lad tbtrrtolure lend, r the .Irk
uriw.et,l in eRestiveeu the independent disfrk1s Inconsti altJ tot of 11,11401 IS, 11175, or any suhsequeul law, asdulual coulrol of lbc
sclux+l ini stilly and the other rural areas, whirl Amideted public fro u),uuls within fit limits, and had cuminuel Ile exrrciw
uthkr file a„amlunity systems of eduralion which were to be the the samr Will that time, or any city or lawn which might dlen„fler
pnvllrwo of the preaenl-0ay conn,on districts. These dlstrkis Jrlerminc to do 1o 'y a majority cute of the 1)[clk,ly ncp+hvfa,
woe wncr a revere handicap aims IN Will Contribution b public might have exduc:vt contra of the public free sh,ros u'irhin its
schools had not yet 1,4•orte sipoikaN, limits (School Laws c Texas, Art 2768).
In 19M be kliafature pravlded Thal, with certaim exceptions, dux e) Stall Inlnher approach to the problem Of treatinf iadfl-Mitnl
nanalcmenl of schools ahoukf be removed Imes dux hands of city school districts must be menliwa IF, 19.11 the Stale Ifuard of
mos. its and boards of asicrttpsm and vested in in elective bird of Education was empowered to credit Independent Ji.,lr6le at ally
7 Iruaea who would have Compiels eonlrol of the schools. 11 file elecluagnary invlltnlion, eider stuteowned or private (School Laws
practice at doximte of de Faso/eof this law was toappoint tru,ues, of Texas. Art. 26561, and in 1935 amnMr law sulhorireol siubilar
they might violinist to do lo, but in election on the glaNion could be dotrl ts wl Iuilila, Irx,rvati„oa
7 (>•'Irool Laws of T40at, Art,
held if 25$i of the voters so pcliti,4ed (13meral Laws, 26th Ix`, 2751b). Thee districts m.ly share in the dale per capita sptortiun.
Irt C.1., is. IS 21). In fumble ahuptification of tle orlaniraliun moor They are lotenvol by aboard of Three trusters apisuinnd
and tr'atmIsl of inkipsnhall Jislrktt• IM Iowa of the Irgig ire by Ibe Melt suferintendull of ,location.
its t,cale lnkikmknt Jiflrkil by Special law was taken away by a
mnlituioi anlauhrpsnl (Art. 7, 1 J) which was Adopled In 192G Cwr ■etenaer
Sane the mkydhel of Ih lanendl,enl, Is has been possible lobring tWrlr„41,1 steal dl,trkts la Ilk, aN Joliette, we Yemon's Aneprst aft. ,tat
d h,Jcitwk lei Is Ihe.l hharkis into eaillence by bean action oily, in une at uxe.
f, of 111i: (nll-,will ways: Maur of Daf
..e stolidity dity
a..nam
li lar fit, I., It puq eel of
huw4ew.ul anlrau 1 o
1) Ily rime of as ad of 1027, a tam utxwl school district of 700 nNw
l wane a fit, I., 1 T 111. [ems w
oolth,
...Inv a I hurl It l Tn T Its; P.", v cvvsve
or uuat inllabilauls may be Imrorporned for free scoot puq.,.e. T abru.le.
1 . ul,
only. it nwy nut Includr within its boundaries any town or viil.,gr t. ,.e,x.,a.,1 ,hdM dittoes, NO spent at ra..r u, ten se it w.
ilwor „naieJ for munki al toes, but which list tai assumed the 41,11-C ,eel 1-166
Wl.l.•we vast en4rn,
I I this Is,:L„ eu,h•1, Leldenea rat 1414 a,r eni top Ie,a 1 wlaa,. u,A In
elnlanl of flip tnlblic sbwdr within its limiu. If the approval of a sear nnpr.,.4 ,t nos oft ec h ,4a a 1eenol 4.04,401 Islet] koo,h u° sna dinlw l,.,,r
n, d.a ilv ,.f rise v,ders ltbbtaired.IWhttanlt may be nltde, and the Ile rl.l ulWn r..nl~,ln~ ~ow,w of 11. h.U. ne h i.1 1 0.11, Its 1,4
tli,. .npwn, M
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.1110 Nn I,.k114 W I,aY/a aldgt Tan" M big ,rd WIN W 0"Yalad •wl'uwl•.H uw.4.p rf Wl,'Y Lm1,4WNA blYlrkl, IW Ito . W. !N, 1W d W. I
W N aWW b baAfA Y1M1\r owl VIa.MIAd YI:NW 11 W "ill u'llluy f.w enn x q•.I 4ur4wlr. I.." aid INI WYY UL
r u .I W 1M aaAWMal4y ~rr-•+r~-~y~~MI ' FM W fM'ill N. W arraign, a W. `q.11 .1 .11" "'d Ffwul dlalrl" X, at.(..
-6'W W WAYN11► Al11rL g awrS M 1101. Y 4111WWY of 1hN Y.IW Ilan • r C11Y W u, p. IN M n Ypwla wuull II 11`0 toga N M1
F44 INlrk4' M Y W ahdl.r ~L T an 0W YYambood" uadW Y li IJ Na uOw rW. p. r YWrd VYan N W.I.uJp.y JWr1+1 N ul1Y W
1 sa M1il o M w N Y pall, aR. ~drarlfa M f1d ies Y I+W amlwul CIO AV CYr.lunn v1 out W rr •Mr.l is
YpwyY
60
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.w 4uMN N ~j, ,A 71 dtlfd \al "O . MA aaW dra.M MAAIdIW 6n Al"', to ad, INI. Yr..AA.A'A'a Y e•n [hula, b aL11.W IW Mw tlaN W Mary W/
J.M oW oWK M IM /r1/ ai W 10111" Iw OW WYN la-"r W r1lla N Y• "'1" wa u14 La $'IA d L wWwAl I Ina "IV Iw iiA 4I bWlalYq N
Nun n IMklkwa NWf 111VINrT\nlad dM7 M W Ilaol N Af W Ma as /NIWW .l u1Ww1. M Ira 141Wa W 1W Wylrluirl w\wN v AJ.aIJ.J l.a Ill INN w.IW., AIY
w I+oa \ w,rnn 01►.lal W1aM4 TW M aNA 1 R owl cook, A. f1elrNa IAY• .l Noy J.+a YWA IA hvw {IIWW, a, .ul to ph"N' N a111J1• u 1 4wara Wuy
~~'i N.rAAr 001/ hV YW MY YaA1AM MdIN 1"0,1 CIaL 11'dl 111 dog. 1tJLuw1 W \ Nnrlll ul NlAll IM1.I.W1 MlW ,4A1 Nvr M.a La vL 11. { 1, uN rr WIYy
it 01.01 WsNN 1 W NYM I W M+. all. IW Ira TINY W AYNJ U lrY Wilda of kM M "a Nl V Na u1•x+ w„Ww.d III wl.
ail Wn,
. Van W kill WNW 41wa""L UaaY
Vod✓ ON sail" paragavagoo ay I*d WN 1.011• lull rNWrulrlJ 0,
lw .u.lJ4raa1 law. \WLdIAla WI M IYroNal. ,arlr W lu l•.Ya4 YI1Y11 NN Iw 11. Will. r. t'Lf 11, v1. uId 'ANY
a V I111J, Iwo and AVI
Vahr.wll,
I ~ M aoa"NYN Y7 W U My Y
IW yYUf Ill . all T. 11, 1 1 W. In. l eIll W, "Pry, I. YIYY Yf ILa vain. Opglla
Yal Kfed awl,% Logo "Wal T.rw'a 111 M.IWI~ CIr.aMV. NI 1 W. Ail Y.
a, YhIJ AWrki . Wd to" arr Y hYrd\r• AI / Aral SO Y. ant "No. WW , a►T ,A►W
I".4- aarlrw Clr 11 logo, " NW. !n• M,, WaN11.l4.MI r.4wA JI+I1 A.
,.bun YM1n•WO Ir IM, Ybal, Tobago.
u W ..Oil. WmN W T A1'N lha aINOpW M MY 0.10"1 "A a dla• rN1ny ❑wl In.YrY.M1IYJ WING W1J law.. Ny llr IwL ail ualJmd
Iwa
{I 1 W bM w a4 IT "646 14 lrk4 14"0 id W pw sob lam IW it, \ dual wNl 11111 Yulr•l AN, M walk wllbw% , origrowita, WIJ w 14-6 IIth Y {IN
AN" N ..I' mu,
dNNY L+N
N 711\ 14. MYYA1aM W AL "*am I w WNIMYr l ga b. • orNUn W I0laapill"I lelwl fgr~kkwkil all w at IV Yu Prr No
INH.,.r W. . 1117 . Ill ~r+n Y VNIZINWIll, kw.a a MNV1lkoMa al ItlN1, am INIIAO 11 NIWI1h •
a /War dAllkwa No Mw.
lo Y. W city W 46, a I , 1'11 04 ha' pYr. Y W
NL . 1dpoo, +nl WY W u. !.r Kh aNWau r11.11.ad." M Ill
ca" AA AI\ IN a If, F R, al11M u" t~ T a IN. MW N W Mx1Ma T. fWN01, I31 uNYn bnuwJ L!.uwMIN I1N 041.1 N N .rNraa
a• 444AY.wLW kill
L Ybpo larp T . dog. 140 .--4 1u.uJ IWI Y.N A111 hlf W.. fog (31,04 INnIK,
< 441uJ441 .nl,1u L,wYu
1M durMV , lip l. 111 0111q laaIarrMb awIN a A 1. 0. Tww'o "a hr M. " I,aa ra kabay 01..1..4 " 1 IrM1la A1 WaVrlldawl rWd ♦11r w a..,. 6--Y 6.
all.. " R Q Al. M. , Y l wog. la Y uw l.w ulrJ r.4,
YIwYJIa of all a'", so ""ill 0W. I F111pd lllrlllulMI<1r4A1 r. CAN W ►Y.L. oll Kh.al WIIIMI Cary a.Aviwd"A' I
sA aid oa wdkana InAraa W VIA. MYyL It M. 11 •W, Ill weal orhaw JNln.l, LYII,/ will uu4
TIN N kb Ywww wbor" Y W boil hYld W paraW.WWaI Y W WuNI awrYnlAJ1 W1J WJuYaadu.l VL,r
IAd/1alY Y YII"M.N 11,1► aMI Y wa Ir vm"o 1►1N "w W alt 1, I a y 41s+ r I.IN uaL W N.nd 111 uq Wtf dLtrMl n YIN1.aa frwu b, IYV11..16M11 W
No arI04N w %6#WA-Y aLWW Y"y11L or"" Ill I ua* plat Nan dl'l►Wllal al.• N I,.xu IW IW pµYWl a1 It, NLU. .1114 Khw bArnlY. L'IN YryI.N1J u
thap,► a" aa014,wp f fe" M W Val W Y k,+gwllld WII N Wu .111 . I.'A'- H.Y Wa ll U- MIA M I"y Yd Illarandael KA.J Juu At by
anu4bnd
nANN.. m of oY 6mm Id, IM. APL 1, 0,6000 Irf1N No ap,l"yINl YrrMOIL Iowa Il,,,l ki a, aIwl" W M W. lough hall, Jlr a.haY1 4."-, Aid, YI II.IrJ
IN 1a, 1. rug Alu Yl &A W0 arlherll/ 1. Kha" 11"rLa A., uunVl Irw,1 Ira lam
S t MIWd N LM wY u11d11L ~ N\ Y .,Haul II., ""I. CIIY W 4J P,la W. lulbna MAN k. 4 lot h W ,I,.
,1rYrarid W of , Ul a W. .pl aid. QIAl1alY 6M. IN W a L Ay. W. pII. I MI W hY/4 1,45 Clr, tlwII INI, Al T, NY. 11 ILw. pig, N r vkr N NNrt.. Lr1 u, YI IU AnV,
VI
IJ.r.r,
u•. Jra IM
M~1 yoga ,dk,,ruprn, a W MF1 d W, ,la
VwWy dark 1. {I L L w am G. {I a il dawll dai awM MkW W J IY/aNWMrI T6. Y.I W M+11:4 74 14.1. k,AW''uJ
IM I.adl.lYl Yr'\ IYIIO M IW
laalNYad I adwW Yalt CRY /,IYIY.W WWAN 4I.q Al ,1.11 114.1. W Zhu I.A. rA, 'Y.rwi.r'a eldd A. 46111 rl,.em lr
1wa+Wr1. law me \WIIAYYYIY of U A~• till 1W of wil dMlla. IWrr4 bM, L.u M..,Ir . wIr.L111 W1wA /Nlrlal Ill q'.brl Ill uI4 w,J. mow', xune46 J Ill le
11" NoI.W W NpUW @Naal4 dog W WW 1iliveld.al 01 of V., weal 4. a,`1' Y lYl 1., 14. kll' 1.1 W M, Y.". 411YINod lu YIII... 1YI I.Yi11i1 A'Al 1..1 ,h.
1-.4 MW.HIIwJ MW r,4d 0~100 f1ala CwN L11, AN. RI ..W. IN nlu,A, 414,1"A1 144l1 N .4 YhUIW4 MM Nr.1•el Wl grill 1. 10.11,0JU NululiJa
W dNl".U d old M awd oky to a►1. be" ad ddaalkr W 'up of IaM+A YY1411 Ju41 4m Nww IYY IlueN W 1114 Nall YIaa1M1 r. I'J4
Ivdvd YrW Ar WNI Y the ►rYIW W M Cw kdL VII w lir 1. L.a dialog, I.4 I1 .1. 4IOJ 1uN lln Mw, C1V at hug W YHrN..la , 4. %,V. Ja LW VIA Oil
YIWa1 dlNrNwr wo"Wao"ld 14k a.d• Ilan Y 00"100 Yf IrrY M1N111W N
IWI al 4'..v Y 1111•bIW M, 11 Y. 11, 14 a IV, M, 1',4111 YIMwd In n bn4u f.1 IrY 1L11 I,
lilt. wall ails, lllr Iowa INI 1own .4 Ia 1MY1• ft a Y■"a W "di4i Y, loop, 11LA1 ran Ill wllWnlu 4.I N . LIe LnNI IrL
erNdrY 1111. 11 . F'Iw.11 JwJ II. l 4 , 11,1 IvW r. WU. lei r. !L M arrWW will MlaLll•ar l kit Yr all r,l I, j I-A all } I a, AII. Iu14
I,rr. IXI+IId eILuJ YwwF• WIJ "a"I..". t. I,
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II I W, 174 ft~W all .l 1" W. kill 4,f a W WNY 0 loa, Y. Y 1Y, "NN.'a rift 11,4E w. 1, AN 1, 1, A$ IIII W Nl1'. .pn, our V41W Ira
U.N. MYwIL CIIAYr. hog. , 111-1-J J4eul 1•I 1YrtWYI u4Jnn u4y a W+.L If
Al ►NuJ.W orLw1 N11.11" 111WYN4 TW moral YHA. Awl 1, 1111. u4y .111 r",I lull Iawemf it-.
wul uuWY A A. In41u .nand YL4.,J dl Ilyl Leo UI.
I aWJ fw 14+1 YWy.4a INWIN lad 1.11• 1144 Iw.llwd WJ.NYda.1 •14,1 JN1141• uu11,Algal I.rllr.l1al, lid w A, NO 11 ON. fight Ir Nall"I J, Imq,nnl 411 r a
M Yul ....1
burl 711 an w'Y.a l WINaVMWA ,4IH . IJllr/ rural W Will M if WVrlb awl.I IL,WIIY a. 61„1.11 A. ...ar4r IL. W, will W A." A Ad A. 16,01 our W., Y1 p
1+u 1.u lu IIw .11
III .Illy Y . 111 "-'A" Ir4wq .,Lb rw 14+
Ifry YM1Yr W Uw IILW I6. .try rL4..N a•1Y
IJr M' HIL•Y IW II1,I"XYIMI JN441Y r. IYVy.aNr, pr Ay,,, YN 1 W OIL Irk W. 1'u .log, 4110 W, 111. 4dla.lila a,.0 nyNJnl, FAIaii IN. L,.1 .e II,Y-,Ib
,.11-1.1.41 1uo ul. 11 N wino urW Le1u 14,we•Inal rwmW Uy
II is N 100a", YIr MINludnq low 1..11iA 1-4 r.u A'a .Y4 L4.d AII, 0,ko. bll, .loll 114.
T.111rM~ 1 A.. -1, N. An !W rat Pat. IV. tl f ill" MIa1d W AIa•I11w :1
,
~ I+a1M1if ba W Y0y Mika fail KMW Mgr CruWr r I"Nar 00IIII n alkali IYYUI.I.
~11 if Yw , Yr
11 \Nk loop, M1l1Ya Coe Apo. WILL AN W . IN
la l Md.r all 1 Wll•Nlvn .rug
.ool W+ AN JIa or I.A1 • ,Nall, W T4N Nrl 1 W WWl the wrW W
4 .1%. 141 ld rWIJ 111 CMI W yM IN NdN41. n to U ill" IYY. dY.Ynl / ll~ai LJ+Nb IWJ W1LW L'o, CIO. arnyarrN b a Lt W I .aYI
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E AI' . 1a, l W. iM. III w. " lo l UNI
What P. W, CIO lNAI
,1
III It 4 W.
YnAI 4,11 FLAN Iowa Ir,bh11.M1 av lkw. P. IM1. IN, CIO Ai" INr, 1}. W.
.ynen lu A I. Wow all 14. MIA A.L.Is N1Ja• IJ awl
1 1 u l,.1 0..I'NI AaW N1►
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• I HAUD FRAUD)
- Iva
"ithoul er's inrcnl that the rerrescnl;rtion
t %%kh % "ith causesnj
%arrant., tit ith w
,rite of be retard on h) the Permits :Ind in ;1 k*11tcl l 'Allen it
and designed h+ safe- nulnll" rras„nat•l) ct+nknq,falt,tl, lot antilhrr, !I is 41%ed in ro+ndasl
Puhlic•slegitimatetoo rca• thePq•+i}n„riimc„C111014111 INSrkl it
rnl rNU I►rahinei
archaitinJ ntifrrisae►.1'''' righll of I catch fill~tl~~rscutatir++t; the t'elan'+ intcnll• tiro tllnot 2dR110. -Csil
Sriiurr, b I. IIsI hlstNird I lad
A. t
i
lrh a\rcclalions of Pris;r piI) rti\ !inl'leilglll! rliarlcr:
I1) the prnon. tier I is \1 It IN I n" fraud 111,11 is J lu a rowel's home (in 3 ..d .n., M7, IC-
S as use of conllaec ll usu;sll sllnlt'd frills' circumstances,
) "insists
n;urri;Ils i,ina in , I scnlmitnl ate'ra
h111 e of r11 a 1srrptc~ "here the tine "h,I ranlnlilc it
residcnr.rl tit . and llot tti I ill Ivssrr t illt rinndls• nerd ntiI hat a ill)) et it intent Ill
clusulr of m,,rov i:d Iar I tit :d h ;Isl eNlllf1111 a 1'laud: it is a I IINs I sit-4
it ;l pet still rl.tee 4,t lsllsi• ritallg l-ijj I:~7, de+iees• tie 11\1 Ik\t'll
.
nn"+hilc• or cscn bud), It c:,nrr. 23) , ti"f+p. 2111. 21)0, N,ii, 2tl 911 Ialti+srl. Six 220
Ise upheld insasions of it It mhr:ICCs 'ill Ihr mullifirlous 1`111 rtJnl~~lr,fit hold) in The arcas of ctim• means "hich h1111an ingclsnil) can urfs
fransrcr ill assel+ inlPails the
a ccillalions. blood lestc, devise It, gel an :Idranl:rgc o\cr Iighls ill his ,
anolher, 11
d sagina) sc:urhes. and 1 .cunnininrludrs II rreditun
fick
"11PO c, Il;ulsfer might Ix' liaud in 1:hN
cmu\al of a bullet Scc I fair "a1s hi dhichhl
Ontoiher is 19an On a d hhhun+t►ance could he std
It ons6t search NaulitinalrranLal. zo 413.9 "
cheated. At 191 111. the dchlor had no
fraud
pe must be. inlcnlion of prejudicinp the credi•
4I11FS %ce unillc+. ragsedanfequill it "I'Mce+ Its sho++~ 1+'rs' rights.
cirrum.(:Fnrr%
r
which it na\ K. f+ from IN,\t'u IN I'll'. IA('IV~I
'ConCricd l rrmilcCe . 2d 974, Vitt. S etenc%urm•Iii) cd. Iild:Sdeceit1 :lriscs rrorlt a lack tit identit)ilo r
codi%i dualh\s aIhrnd pm con. Penal Cock 42 4. Sgcc also oofrl exec il)' hehtccn the Inslrumenf
on in\id. teeatcd and the one intended to
i r) ~Crwf tit IN llhh of lcommon i i1S r)r r R~rl) sec badges he C\ecuted. or front cirrum•
fraud, slancev u hich go to the yrrestion
I'. .dtt7:, R• I'ar cram- $ to a helher the in
slruntent r\rr
uni of loca way g''anl i CONSI kt'1 11%1 11 1 t; If I N tl'r1 had ;III). I - I I C\i~ft'lI a c fair
e" a' u local bus Co+mpand I comprises ;dl aeh. unlissiulls, e\;tnlple. s\ hen blind or ids Ai
i%c Ihem the .life atNorr• and ConcealtnenIs inra!\ing ate person let t a cs ;1 deed when
role buses in The munici breach of eyuhahle or legal dulr+ it has been read falsely 10 him
a certain number of trust or confidence and resuhinF arier he asked to
in damage to another, 3H S•I:..d (lit have H read. S
Rplr• 14X. 157:1.c.. Cal. 111. I"ralld in the
1 k \NI u1S1 htinlclimcs eta : 'tenter is fish+m l+ruviolC.t a
nlply "the tlanchise'.) ` required. •1'hus. Ihr p;ul) "his rot stq'n
srtring ;'side ;1n' infer K.1
ima The nl
the right of Cilitcns 10 j d nlisrepri. nlatiun (hallI N.\u1) rN I Ilk
INU(q'F.ill N r
'uhlic elections. fl need nut knu" Ih:d it is false. See Il+Cfu" 1.
schist" also refers to the X37 S, W, 2d m 27,
rRAtif)!N tll!' INf)U('h:ItI1Nl fraud
thi I lit Is rris;lte person 's txrlNSrr 11 R 4I I I R \t+I) "b" is inlcnded It, and "
Lion to market :Intithcr fraud that rrcvrllts hie;h
"ithin a Certain area. kno"in M Part ' front t1t,rs caustr one lu MAlle ar
l as stations Thal sell brand- tenses g it out his cI rights ar de• Instrument, or make in aprcc•
a,utinc often o rate the o or rronr h;lvrng ;1 fair mend, or render a Judgment, The
PPonuniry of rrc.cnting them at MISUPrescnlaNon invot\cd does
through ;'franc Ise ratio.
p i trial, or from fully 1lUKalhtg at not nlislr,Id tine as it, the, l
tic oil cumran)' the trial nIl the rights or defence-. he signs 010
that he w;
11W llle mu IS entiNrd h+asecrl, 1fiN role itraels If a 1.% P10
murder of one's S.W. 2d im, 161 the raise impression it causes:in
for equilable reNc,rlrrom n Judi basis or;, decision to si n or eels-
ntc li y I deceppti. on Etc. Inenf, 5ct 211 P. 2d 8Q1, 80.1. Jd ~'udltnrcnl, Ste " N,Y,S,
Injury lu another' Ili 610. 11 renders an a c•
fraud arc: a false and 11AUI) IN FAC1 mil\'r IRAUDI ment suldable. Sec 171 H,?re, c.
misrepresCnlation made actual fraud. r)Ceeil• Concealinp 3141 ,10S.
it ritherkno"sit is falsity something or making a false refs- 1414145'(' t R,\ut> fraudulen! rcp-
'ant of its truth: the mak• reseniarion with an evil intent res "lid' I that is presented and
I
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IW Ik►l'It I Fill 11011,
tr'a i .
of oil but equal tinder canJuctcd witlwtn warranh. wi r I will 'I)
Will IA.rf IN C Icpnc41nCdhan
m tf scglcgaN,n of gene rill wananls, air wuA wriN r( he Wow ago, lit he hr nn auJ in ,1 1wiv igivil wl~ln i c'nr,f+ in7ult
Ihiles :any. I11 the gar J,lam'e nnJ Je,igneJ la side. m:mnca Ic,nllnahle ttY11vnlpl.1144t', fill rl%% se
INI.f In tiglfla 1
,dlfrunnr.ff.YNA,If gu.udthcpuMK•'.ic►lnnt.llcl,lre.s. thrry•I,an,lpnnl,lntcl,lllh}Girl; which 1Lot'% 11144 1141pncNelll
'11S.1Mir19141ho.- sunahle rspe el11ian of rlnusv I,& Id OW Itri,411LIrNIn' Ihi in+k,lrl, see 171 ,1, ;J MIa. to did
Supreme Ck4m de• l ave. I Search anJ Semite i I two nghllul air ju,nficd I'll .lncc: 'Ind
a iubbull tuan,niiiii- lcc ilyl Sno.h Its e a pee,nsanre l tln 11t)\InIr ih+nl+ IA%fhe'ptnatn. sa-V IM\rn IN 1 vw frahd ih,ol 1, fee.
g ) a\ rwlam % h It u+u.dl aimed lagoon tircunnlanee,.
tiUn:Inll that lnwpla- ,itch lre',i%U, rase oflunrj.%crl,ee,, temJr'I+II Alt h,l,l, oit ll mlNepre'•~ where the oink, whit egonlnllt, it
ainw,l %1,h'no% is uh,ee'nc malcriak IN tit grow na in I taace111nerlt III nvnJ1, need Ilgot ha4' ant call inl"'I Ia
hill 'he f,titaiwiftg a powile• tolllch,td.•110 h, owlet Ckl%ennlnl'' male, lalla, f, 1,4 ;it Ie,1,1 \ Illation ah•uad, it h•I nN, I Not
,clue t'lm?a: &-inJ- k,\IeI1H. 1,11 Iwo mil rLi,e at lm,i- g l,N11}Ilel. t}c, x1',, III to%$ INt1 It la}Yitp1 Soy, \,f
s ail k,yu.d plarcONlt firs,, :nalunNlhde. ill elen h,+da tmm~t.mce. _14 I' Now `oil. ?got N I'. `d MI t, M14 "Vil 111'1 N N
Igo an) ,IK1et11 l'goulls h,i%v uphdil Ina.l.ian, WA II enthl,recs 'dl the mullifarillua n 11N, I tx I III caamrlc. if a Qe•hl•
.mp elate a\twn in N,rsun's 1Y+JI in Ihe :u:a, of cum- i 1i which human ortu,nuirt ern Nr'% hamlet oil aw•Is iIn air, lax'
•ent Ji,crimin.nilln puhuly v:ICCinnhan,, hfo%-J teas, dense lit per an :nlulnr•µe 11%,1
a wu "N'" ail hl, rntlidrs, then the
11111. ion the }raunJs reel.) and %.1t:0.11 seal,hc,, and Aer. 11 in,ludes Mdl ,ulprl,c, narlJer rtalglal be a baud in law
bgiun, air ape In the %in 4.teal removal of a Fullel See , IrKk, running. Jn„cul+ng and un utd the tomrl ancr :1 of IYR•l, Cungre%% Tribe. Con,liluYiunal
I.tst1 i11.9 fair wit\, h, which ,nl1lhrr i,~:1sIJc;J1lxtugli IA dcMar J mil
aflirmaticel) prulccl IIV7M1. See search wNrrant. clxaled 1t lew, frauJ nn1,1 be inlcntiontaprejuJienj thecredi.
1.J right, I a iiem proleJ. in ryvlh it suftlce%14, how fall, right., p %
cc v uNLv411-II anJel,N Ill YI)1'N IINI l IF lee unitl~fl1 k abhketaA it a rno d \ eprte NJ , f1 npitl M tl a IN till I at I l,%l Fc•ncratk
1k.1V1'lllNh: sseciut gar ar 24 471. v4M. See e1claUt hhNfcf Itont a it
Ii idk,nhtt air
lateral apptNhlnilics' Mhith is "cunfcneJ h} the fit crn' Penal CoJ< 1::1. are al+tl di,parig hlMl'e'n the in,lrumeal
klclwal.secrafih Will up,In du,ll..Inhich I deceit earcuteJandthe line intended Ill
doles) nail he fasng III the tltven, d ! 64txa.t 111 r I tl b yc hadpitn he c\eeu'e'd, fir from 01,11m-
x•csa a my of the Ihe rtnlnlr) te,ner ally. all common I of fraud. eA
1 IrWVS w
Iendmenl has h'elt right. hl is to Ihe' ne.liun
" Y1I1. .J x7_.. 09 I Ito caam• to vv las•11x1 the in,bunKln eler
Ippltinplocal It A114 le. a nnlnicip'd11t nr,ly gr Inl a COM1ItsY 1111 11 r had .tot Ielal e\i,tcrxe: a, fw
11:u11ecs its tlle' host ' u\II IaHn
ht illa a has;) hu,callj,.roy l and pri.a•, ;dl aeh, t,mis,iult,, all:r FKn a blind air colter.
la slalr allwln by ode, wl
Iha will pits tlKm Ihe,111e awllori• 1 cume,allnenls cite rwln
a,tMwaling these Iy Ill opcralc buses in the munki• &"sell Id eyuilahk air kgam"hire it his been read e' eJ m
amt:ndmenl. 11 IN. cilia fex o ecrla:n number d l dull, ft hu him i11•: lIV1M1. p bust car ConllJcrxC ;Ind rewhia*8 after he Ailed Its
have it read. }
years. 1 in damn a k+ ;mother. 39 Cal, s I: :d lip, t11. rra1ld in the
Y.\'I)4!I'.V f egon,ti- I { I1 I M I 1 a \NI II I,I ssanlk,timea Rp1r, U . 117: 1 e , rill trirarrr is fae'lun+ ~reuJ\a x stn+nIIx'r ha,ia
Worth guaramecialp caned silnrly "'tic Il,nkliki I wulirleJ. 'Thus. siK pant MIN, Ill snhui asA ; in,lrnnx'nl
%sil%lot he ,e\ul e' in rtler% IN ill,: light oil' ciiidcns to 41 e list' nqiepl e,chl: ,MIN Iharl l a 11'nAN INI I Mn{'{ I till NI
eccJ ntr k,%'% Ih:lt r1 is fafy. Sty Ihel,w i.
nit pfope'tlt lrom foie in puh'ic elecla ms I 137 S.W, :J
rarchm and 40wrra "I ranch c" a,o Iefers to the I "A"' IN 'ill tNllt'(1 MINI frmid
it theliJlaMlnpek fiplllgl\tnllpapri\,11eperwMtOf gtalNlJf IrUII\tlGall IaU'11 hasKAeilfselerstulgo LI-Ind
has h VqV suarKeola warranl eltrplralkln lot nt.uket an,ulxr'I fraud All plcvelns a part) hum
tf11111,11N,n:I:I Ilptln rhUtKla; LUie,n,lh:drtcin area. kinp a Nrl his riVhla tr ill. IrlNfuhrhl. tv make an agree.
is Jelclmined hl a g' or frunl beau mg a fair Moll. tar tclhlcr a Judgment. The
•I•xhed magWralet n.anx Sasohec often upt'ralc the opportunif~ 44rife,e•ntinp IM'm al Mahrelart'W"lalion imufvcJ thles
flog tkscrlhtng d1c sl:na.n lhrtvigh a francium paal• a Trio. tor rtNn full\ hllNallnt ail nt'1 miskad line as it, Ihe r per
licit and Ihe 11en1s Cal by the ml campun>. the Iriad aIt Ow right: at Jcrcn,t•v he sKn' but rather misleads a, hl
,cited. 1 N,1 fkll'il)!: Ihe nnlrJcr if 0a1t'1 IlW he Y'at entitled Igo asst'rt IrM the 1) Its' r:K'1s If a skit lri,ln. ;Ind
wivili crat is NNl,l hnNhe•f. S w•~d lkt. W. If is a Irtiond hON' 111%v
{vitlnl,f l~~`akYl h cauys 1%a
1lcrrd in casa's no. ( fore lahle rdirf from a it )ja ' iJ MtA, h hk Ir 2S.t N door n.
,f rlkg,Jtt ,c'ue'd IN ,%I'D intentitrull decrlfN'~ioa rt. MN. Set 217 P. 2J MI, poi. C
e tar the pk,tlrwlw whiny in injury la aM,Incr. Eke I If rerek's on N.V. are.
,IicJ Ihrtwagh the mcnl, „f fraedd arc: a fahe 11111 111601110 IN FAet llmtII%I I a11:nJ mein tai able. Set 171 E2d
If, It was imti.Jlt makli+J misrefre,tnlulk,n made lilwl fraw fkceif, Corttc,drng .
Ihe• hit of Night% la by line va 1%161UKr lrxnill it fafuf f )otnelhily Uf Making a I;d,e• rep. tN lalNttr luduknl rt
ASCII Own SCarchcs ttr is igntranl tIf its truth; the nuke aeentnion with an evil inlenl ! Rsut>
; .
restnfation A
lhjt W ! fasaudul ell and
{
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UNDUE M UN/AIR
ULTRA Or UNCCNSTITVT104AL And, v,deJ one g= Arprer w Iona! PNAiAR! Ind M."
Womm M CMNYn In.
Itl .___,pll'LAIAMII wh4h Cale III bolder rl enbllpd la It .10 at""
[KBI ehaulJ be wIAJ hot urwl L+AJ,ty I' Mil eommc¢'ul kacYlrouM one lower of all pruAM and We produced in Ippendlt, Idn6
or any nN7+llnn .,t tine it to pnnxy an read mterem t M Ihn cenm,e mcon. the then and the ,ammrruA Agog, d be Pool but I.s t vii to pofxr
ppaay rc tunpp-nwlr aNwVl See rra,nnuhte still would my s owed canna by d, kv nvd. a OF , An panicutar )rug,' w c4a, me 0 1" aen or F. shale IJNERECMD 115E f"
r two-
MAlrvpkt.hMdeM bond lau4pi Al the liltm rl ane, ne p+ACr al p...Now who ii an nrul,rd Art: "u gng Id:J+, I. ht yeal[utlD Ufll,
rnJcpenJ[nl ooi ter to p[Aorm un[ar[wn+ble anger the Cmcum- Wr'.E I%FLUFNCE inAAeqnca or
to oratl. ,g Innlnp drM: Leal n hI M write Fun he I
r M plr,linG UANN rAC r, hr t¢apv ha- [lane[I Inllrnp al IAC Irmo of Ihr sin her dOlro YlnG I:.t 1! mwr
Indio, 1, Set Jm "l .1glIAe dr,lu,ml mull he unnull.h / UNFAIR a0[anJ~il Inh~l dome
s dote. the Iime,l nr.d And mull h+. kp a bill" for Jam+te rewll.,q rmm the teal mt or the n,intl " UCC. lrtr west of a 1n1at" a goo". Ihr uk be logo be
Fenn rdrl the
MR7 CADli ll. er snurily weal In„wkllte Pecawe ofn 613)11114 all See 1111 131x: Ol he wl Cumming whisk ill a Ground for null,ry- D 1
MINI calla ,rru+l Irt1.Iw.lllwil A d ,I `Ynrm'J. Tun" 114:1 4:1. The Inn resin to a II to 110 5 *111 VD,n r,d V'Idu, CL 374 It if boons„ n[mr, rrput alwn. or
no
Ion gol Algg4gr w~ one ulW a[ to All w an aD ) n in pl one prison a that of amthe r.
ppun 'LIRA vtRLS (e' rN ri ri:)-- e. +hL.hN bl uoMire imprnu, 116 N E 7a6, unrarr, Netmt. or
DEITIYR not wArl M" the l:F1, I. to the Mn,n Vote n Fe an d fR E, since a meArt, l h uc e on the mirttadm adrrnum thFe in lilt),
1,11. 19 p.,mp A d,Al, linewhu,,ol ROhbrb+/ALR led I I e f Lar. b~YanJ. I-h,IA( redo l pan or one al the panes toleJer nllr.ruperiout))alwillwmint the
h
It'd l he public
A li one +h., o.n All M•r lit+huAnbt omdoll or to
mpnufxublicllin o nny Vn or
mr o Dgw Y wish t knots wgo e art ocum rel+pon p o IAe pa rvn It l croon ado are a,sp cuuJ iotAinp . t a n Andes anY ,,ehd4 . /t'P11auns sr Aru n.grax
tx y ngry he Iglm o Ail I4w two, for
her pnnunwJpenile nt ula A land 1
Wn N4"e F li ~ kly bl) ~ rav Ornnbt one M rtniw
'r+fla~ an
alaiml m W aom acogyprem rkduwl a lNwne
Alan r,n allot J,a ~natnmoorsecOIw in that wise m that Alr Angry ar The ar orm consifa rh
f rom tt
1 M denNtlY , o
w
mrnr, Implx alxm .d law, or rum dmn to beyond. he acopantian fe:re m m an a r<e mint wllhout /1,A me mt eon,tnrm w brT am oq 1 a donor w in Cumoni wharf
unm , d/MnY Orel nr be on tM en conkneJ 1 / Itc4le, ro do what he Is unable to Maderrr u m geamfl a more .coma
Ike nnup of rwlurd „f m 2~na,c Ia M b It Nw NIJ to of III Itrms mI Al be IAe rrmiumn ml AlN missed, [no-
1 re Mgr and AY Iwm ,rne AN ulnn.,rnk and IAur doe no u9onnFell
darler,wh SAe ual ute See )I A . lot 1 1 , 11 The do
r r AtW 10 /vA ml IAe rib that 1~t hat ref duct wAaA is conltvp to Ronal
1R S W 11 11 Not Il AN 101 A+cr 1.1.11"h it. /hl nip" :Pon 1,n der whwfiN as cn and See "me%of uIll inolurmt nt tmtnmreJ intoaono,Jbxppm. isol. J and
40 7791 al prxV-9 el'Arg 1 4 an d+M". Rxisle fA a O l , 4Al oAAA he,, ,,A 79 S W. 7d IOt 3, 1016. Ultra vises wn [e ab:Iy of tneni ,of rse,wh 479 F A Sort 12
Olt
imrlr,l Oul 1,M thq h l A, se r i Ch IW N Imi,Y1.
Dl'1 D ,me ropnoper
m/Y, he .'o," Rrli` doe m+9low .man Ent p power 3 and Am,e lose sy .m,"e3inWiabll e in .die e, the IvIrm"lion to IN Irad Few U Few c w"omArtR pml the 4i
an Ingli ands
poor nr wlwM cr+cM /I'll tern
eqm a mmme,ally nremona6le inks Ai and he true cla IN
F 11, Ins. in prnrvrtr. it. ahn nm.e inIo when mods iurtArr, Ik Pill 10 to an >ctwn µe wrrnnp by rc
f Nrm nr,rrnnrnprneullr n,rJ r+rly m+linp the alm~"t xin nrrJ the slate Arlornrf Grnrortolor(en eowlo,il Ah ltlea nulnowkde don cotton of to<iercinp par.
n p
11-ml Supp 117
In Ili Al11-ml low. the Jrce V',J rb x Or Anna the aand netdnn the trapunrmnl ill of incw. S 1) : er NA N W. 7J eY, 70 TM afford p I-4V. b 1
nanoe, of m term., A It Ii )'arty IAII 11,0.11 rig es of affection. now. Inctudup Inlunn inns Apollo %I food
f 011141 the I'll. of a kookiest. li I4naniJ lnuwledie Me " Iks(ol.., hol"ol', lpaA tier, does me romtrrote undue Rscntas JecieI FIXIA a Ike
{ ill . ti~' o ISM ISde1 U,YAYOID IDLE A171 V7 lure Ihr erm, In took, 4Ute thcvrwl In Auc r,a U4 N 6:. RU. 104. A d it l< a Iomlwhlof I "Ale M
Df if tllVl ,re dnr/W. Ivr21
teN ruk lAd the to na 1,e an avicemgm N l o4hn1. 'in a l to malt wt a.
dt {u4,voto,l acu . 4y trntr wiR nut t o binding if one M
Ra
retent+I l,m I he retel IM 4 he No, lmJuk or x f goo art wt to be too storl r1,uAN by pan, I"July tnA+gnal the olhea Ca,a or unf+N [ompfles woo a it
rt Rnon
r I'A R CL cu et 1 sem1 11is Y ul el/ n to on l ❑I1a mN, nl ob+ndencJ and the Court fhi celery to lholw Ill aY
relool. t{
v r Ixmuhle JrcrA air a lake "prr r,nn,nn tAAI a UNCLEAN N.1 dot iA Ill Nnce l1, Dantis suite no Je+N On
consider whether be Finger of IM aa~il term, In with 1 au, the a been I dean wi boa nies. rcu+IUm if a mote n+f fxl Milk Asol III l of pa
f a1my IlYml the Control are to aver I ed) Werra JW F. ' build ill one apxnrle is and IN Nwhitpr merely )A r wAle de rrMl Alf get I vier wNA litl I{ d, I.lu1 n oo, 1 AB
51104 (IF TRYST w d,l in coA a +nlrrl It. min "bou1J At wxhhdd " 130 F. eel mil and nd is rtwlt the
Y r mong r hi
sudo nil fammunlY hrWl
~reJkol Fn wtlkiwl te+wn+hle D Irwr,tnn u,tln+nr lRl,r1 dial equity Olome a an 14 l lot W.
uv.)O. lep+hofurrM. t amunputhclnFtunn>f +c1 AllAul A
pn ~wolM mtruth and I I . SR U e1R1 Opi CO w u,l nal owl k,4 build army NNhwo \nuwkJ IA4t fnulhknl YAleM iraMcr",N
wishh munnwt MB olr their JI Wt 4T AneMAnetfin/I xl 15 ln the n so or the tom UNCDYSf ITL'TIOVAL eonPotb of nnnnl wJr,lre,r. "aRJa akmenl lourduireompclnnm.sw
on. nn wkwk ,l .,il r IRH.1111 alwdvmrnl ON the court notion upon+hrtA he",he NO got IA wine ormmmoilcoll. r count mu he MWMJ wlwn a
"l wI Or cu r or aln llJ,nlLd r<Idk.n.h,p/ 1 r
pt I IAO rwpu"r,l vol n o nhk
oing+la w, InW, will P Sd to p,nl IN Al A tRuoy, wines R Don, moil conimonly Irc Llmird A ~J 02 Cum ore darer. Sep too", xm/I w p4eA/ble All
Inh 'he r,,Si, Io ft e, rnu, NO won or nw dant 5141"CuInLlunw N'hcnanamte r
In tomuenet +Ill Lim Site . L,- of Toe,
e I prr« rho . -Ppul.n d I hr unr.,m atw r ism nu Inn uhk.
MI HIIIY I)., 71515111111 in w•r Alot m .0low wltAlol urJrrlnp L.°r''uunc Gl I* untunawon. ..bung la heY Aulrpn Al r, 111611iA out J 191 IY111
)adltmtal oA the ANA, n,. ,tin I hmr h, fie done the Jnl,m Ile condorsl ao one wnA 'vin eoa,IJglcJ sold At w., NO{nhuJ"ter UY£1RYLD Wall mM1n+m e.
UNFAIR Ld R11R MAl11l'[ AVIV
, c,A,I x lcu.... Id+Jedmo elan Find,. , See 111 A. 711 boon, mJ eomrrumdr All Area, wrplu, nor pan of oara'J Ignition
n ~ry
OF Gr mein IN IA k+ndr. M.Cbn lac L, all or dub. Ihol dr nJ 1,n It m+1 Intrude pow no IUrpru,. at. il~nun It, e.the, p tab" "No l
1'LAR A7 H N N common low pkl All H Ifi it it aanJ, by .,ell, W Ilia I.naml a an rmplu,er A knA
IM ri Jwomcm .rrtme funk .nJ ar ccuntun prlxc,s lulkrw E4urq 12"N"I. 15461. it an 'coil S,mdarrp, rip we can Ie VAluunun Its" wl, nill anNS Is rnl.w lot uAJn this
Y+usrW Lr
t "Well inset of N'tkm, whwh uumatrcr,d,aone A Jrctar'in P",IICJ long III nru.ed AkedI. u,on IN rtr+IuN roe of Hsen b" pdNmm Act. Ill art ,
t "We, IMtt talc nnn,ary 111 hrJ •mcon I. d... lnJ from r we U71t.O sriNnn i {lm Agog sing, winscooo ItRGN. E a.,, Io 111; law at"t A n rl tp U1 pep+ 02
their cost, of nrl4wllo w+
v [ ts kom rapnal C0.11r I"IMJen to matteI A I NO
W,LeA/ryI rc4aK al>`b,m aM Jnal,Nboon in lA+I the hamrriLY, De YmoTLIYIIMJI Some J[IermP fbil Itll"Irrr,,"Illalnl lM fo
I„ Angst rnh,whisk oafi"rl him for , hlt1
re 11,
mn,~empLprgwemr'uyn,-
u,h ,{she ,),node rut tool ore,mwAIm,m "Along 1,l untun,tduuoa dy'p4n [on I 710 uunrtl D. 1fhe1 11:6, 1W pis 11.1e
.1i in +b1h A,' 11 rc Mrnl cord kc Lam lbw Joluul.,m „r r irk . rry,tel d MaR. i IhTONI'l Y.1111 r W ull hilloir in the ,rA ul I.w intone Cuemw
to emplctten to YIil
Int A S:c AJ["6x.Jmn min urn Lnaunl, ":111ha !d Ail s+N w 11 will Jcmmrnlal to the more.) mono, it Al lnJ pm.reeh,ab in 0£11f111A6 no aAAal. ma in Amp Arno)
employlil Iffil l to
Inn gnu It more Into nu. Sec k,2 n Nulmc%rl c,or. Aml or A i onua,one Nrn 4, to rematr Ih+t prermu, ion of the uncun,b
A W lit, 117 1Ie k. led AAI wllh Ih<,A rei,twn Id- ANpAin a , Mneaxm IY mJuotmrnl t
,nr nmd„Ixh u, 411 aluolkAr eke renbnl ancnbvice+Alu. The )aeon+I pr+ahce +Ie Mrs dL,Itd kweJ In hwmn,w grr rtnlnlrnlhfw PpraAr Put
Al hg ,ngthl hY the grtklyd c„mmun Ili. role mnJ,t All Ste numrtn r.
U111,AR 1TIbh A 1Wf IY. wr N T S Nr7,R7o rtndkt nI~J a olr,e [ of n Jl,vnminamp
TIRIAt /u.Itm whisk s t he cell .t'onlp+n/deli, III a I% Ocide.,untrue.unrnlarcre Mnoun,rpl~.mc or he Arm l almrrnl. .5 Ste +h1,CMrd hdw nroarlw leeet,.
0.nMrbrddinR,
Fordd, malme w+,wumbur t+Lromlrwn,Y,Iu,rkbMlln, r AW cad ieJ m IQ!JUth Cum .1 k9 Itam1Linn ao,r+ in 14
hI the the'I0 rn,ml+rYNo D1CI AR1IRT l Af ITIVA 1 mu,ul C,xle A I I W! the suite d IAe tool JAN Ill in IM
Ir"1 m wool rn the IIFAI of for £nll,tA,en K, IN .'lima t Al
'r ` ids 1 .H/a
d;w7 •il
A•u adl!'Y'r''3d YYi Ha43!T. ;+a14a-14SIF ~_4'All
4•
rJ
I
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for statutes and prosecutions if community groups can tale ever and T({$ DUTY TO GIVE ACCURATE
l(( barehandedly suppress free communications more quickly ands .
more
r
r ~ II effectively?" INFORMATION
E The right to eommunicale cannot be restricted to the virtuous r
i intelligent and broadminded. Even if the eggheads and angels could, in some way be identified. Irecdom or communication is equa!ly avai!-
j I able to the demagogue, the ignorant, the prejudiced, the overzealous A case recently decided by the House of Lords' and its analysis
i and the wicked. The rill of Rights prohibits any such dincrimiwticn by Professor Robert Sitvens' have again focused attention upon one
{ l by statute, and under the common law of torts the right to alarm his of the most Interesting tort problems of twentieth century common ,
EI neighbors to the evils he sees Is open to every person so lung as he law. The problem involves the use of negligence theory to afford a
t I 1 can muster the support of his community remedv to one who has been Injured In his financials relations wilds
Is not this the ultimate freedom we seek for the imlivtdwl and the Third person due to the defendant's e~rroreou~s r,,,,t, NIS,- eertF-
' for the social order? %i can be more expressive of our basic fire. ficale, or other (ilure to 've accurate n ormanoT~' n. i ne probl,•m I
dour than to bring community affairs to the doorslep of every eiuzen icmeImes dealt wd in terms o he
oty o care;' "liability for
and let him speak his mind if he dares, and exert hie influence far h re r en words"" 11
use of lam ua e" "ne li ;It misrr re.
a community nearer to his heart's desire? what more can he ask ten atlon,"" rand""deceit.7•nn~ty,contrac ua o Igo Ielr
g and what more can the group do to Insure his right to commul s nc m I Jty" or of er oc nna vil age. None of these charac-
1 what if some communities are reactionary, some left•vl some Irritations is sufficiently descriptive The problem can probably be ~
T conservative, some liberal, some virtuous, some low In morals, some best Identified in light of the, following fact situations well knows
i 11 divided into snarling fal what if some factions have all the toAmerinn lawyers;
Instruments of communication In their power, their teuhings anathema ( i ) D accountant prepared a favorable but inaccurate balance
to those excluded frum power, forcing dissentrrs to seek another
f community? Suppose that truth Is brutally crushed L, earth? Is not sheet of X's business to be used by X to obtain credit. X was in fact
1 the very basis of A Gee society the COMIRM right of chiaem to hate a bankrupt but P, relying on the Will of the balance sheet,
a home market for their idea,, prejudices tind power? If the wicked extended a line of credit to X and suffered heavy lasses.'
t prevail lorlay, the righteous may renew the battlt tomor ow. In order to obtain Insurance on goods to be stored In D's
h (fir The Rill of Rights leaches nothing to the contrary Tort law warehouse, P requested and received Information Identifying the
r teaches nothing oppnud. They merely say to those who strive with bins in which the goads were to be stored. D stared the goods In
j words: N is a common right you use. Beware in its usr Icl you bring other bins and they were destroyed by fire. P's Insurance did not
l down on your heads the fury of your neighbors. They have the power cover the goods and he suffered loss'
IMr, to give and to take away, and no law compels them to communicate
with you. U 1 D, a public weigher, Issued weight rectfpls to P. a buyer of
bran!. On resale of the beans to X a shortage was disclosed fn the II
I ,r see Nom 74 It,,. I. uer Ida (10171 s,. run N.u 1 nl An'n rnr rr,w..etl"e Ill and P lost what he paid for the beans he did not receive.'
r or P,t+Aom nl eh"icq Inc. a Mi.,. )d 101). I47 NYs 7d lo, In "d nn rehr>nnx
r is llrw •d JJh, 141 NYSIJ IsJ (s„e Ct lush Ci N..,n, Inlrlbtrn.r Is Ti" (e) Before investing in attain certificates P Inquired of D,
Madan '-'end IIJ-le tlOJO "II It null, Ill that in 161 l,n; run ILe gross
Iriend or cen,"rtl ill pobb" and ,hpllrrt nr pr4„le ,..d im ldu, m, hod LA, geul' ' Prnromr or G., l'niernity of T,un,
eU Ina In Irredun of IhnuuM and rrre"iun, 17 n"t Thor who lea hush hrhlhim lb,ouo I Fiedler
p burn, a Ce r, It'. f t0a7 t l An a R. Itl.
"f its IoN
" herd upon Thor nrn "adds ne and r~Wlone, but h Ih, Iri,u
'hry ant 1 S, Ilr I"', , r. Ndkr'. /u, d,net pre7ioi,
W P+ oa7 1I Moorrox s L L. sure . i1r ItIe6U. 7 enl Dxlrfeal leW6ans,,
NreLmnc, of the leas that are mlertui neJ, and Ida IoW, and rho 1011-Pt', In ell they Ne eenrn+ed" The lam "aMndd Irewdion" b used rompreheullery to hvrh,de
Its, Nat
Itrd Ierdr, co 1, properly, er bminew iranuclion.
e L'latmun
' lnrernatloCoPv To cae, 251 NY. 110. de NE "liAL. R. I331 (IIJt),
.1 A, r
Co. V. leP R.R. 40. EN N.Y. 111, 111 NZ. al 1a
I ALR. 1111 (1011). ,
r EapCn ed from eU C I A IAW lid, Val. li1, No. t, Jonuag. 1963
,r
(1 p (4841 CopyAphl. 1065 o All right, reserved
((1gS)
rA
1
J
i
. • • • •,~wnnu7
<64 170 ULIA l.4W Xtr/tW 1Vo6 fill 464
e
services consist ia7gely of advice, opinion and judgment-ll of the extent of a defendant's duly to give accurate information
evafuatoo, examiners,accountanls and others who limit their c4 s
►ben Injury Is done to a p,alntiff's financial refatiol.1 with another
cations to opinion based on the data made available to them .'s I' preach.
order to be actionable the lailure of such prole sional men ,to use
are"In diving an opinion must be so extreme th
can be 't the opinion given THIS EKIANDINO TLND[NCits or rat Netuc[NCt ACTiom
f, found to have been given deceitfully, or recklessly, Oy with.
ohonest belief. The formula Is flexible enough to serve all at
it should be observed that since the negligence action $UP-
{
fn Purposes of the negligence formula without Involving the lilliatfto planted the actions of trespus and case In litigation involving unin-
j the multitude of complexities found in the usual negligence case
s, ' f tended physical injuries, there has been it marked tendency to
{I Many courts have developed a more stringent deceit doctrine convert all tort uses Into negligence cases and resolve there by
t is apolied to a !actual misrepresentation made by a defendant, red negligence doctrines." The negligence action imposes the mildest
fe,r ie i quiring a maximum of business accuracy under the label of "in, burdens of any of the tool actions and has provided numerous 1
S 1 nocent mfsrepresentatrnn.,, Witther the representation is the resuh escapes from the strict liability Imposed by medieval tort law,
of negligence or honest mistake, the defendant may be held liable though with the aid of various makeweights it can be made very I
onerous. 11 Is the lowest common denominator to which most tart 1
r for the injury suffered by the plaintiff resulting from the misrepre•
Irritation of any material fact subject to ascertainable knowledge. actions can be reduced with little effort." The action was developed
Except for the in,eml to deceive, the normal elements of the deceit for jury trial and by jury trial. Its doctrinal terms--c usal :elation,
action remain prerequisites to recovery. Ili'hile thi proximate cause, duty, accident, interv,ning and superseding ages.
I deceit action developed out of t11e equitable s extension of the
remedy of rescission ties, the reasonable man, due care, loreseabilily, breach of duty,
~I It has found wide acceptance In legal sctions!e It is limited prise tea ipsa loquftur, negligence As a matter of few, under the dreum-
f to the Parties to the transaction, but it ntl
coui} be extended doctrinally Itances, contributory negligence, assumption of risk, last clear
to accommodate the usertfon or certification of fact under the fir,( chance, emergency and the endless refinements which have de.
` prong of Judge Cardoro's formula. It stands at the opposite pole veioped :'out each of these concepts-provide the greatest latitude
Irom An action based an negligence and would accommodate all the for the c. videration of a wide range of factual data, (or the arry• 1
uses here under study And 00. three-party situations In which the ments of advocates on the law and the facts, for instructions v
false representation, even though Innocent, does injury to the fi• juries, at f for judgment on the issues juries, trial judges and
~aancial relations between the Plaintiff and a third party, Like iq appellate courts. These concepts permit Indivtdvaliation of
parent action of deceit, howel too it is rrstrfcled to two party situa• every case, so each is a variable until the last court has said the
lions unless the risk of injury !o the relations betw lac word, and then It Is it constant only foe that ease."
and a third party een the plAlnlf9 hih within the scope of the defendant's duty.
This, of course, is the crux of the problem whatever theory of For most part the lax in a negligence case Is made a poll jado
I
Liability is Invoked. Thus the circle is completed, posing the problem
It Striking seemVho of Me t1nden<I are Inund In the rart1 Armenian rart wF.a
h
uenbrd e(
pda•maM[I el tF.e prabovo riot men IS rho Lror4hle It to 61131; the Cold W. heY . kytd,it Y. . N). Brawn e. Cmll~no. $3 N H. 1.1
to TAe 64131 ; a l7 uid that he mun DOWN tee ord'm knowlel , In; all wd;tnnl Lae 0 LOet W r. Bw ah4"a1 St N V Y. 4 o 1 (A1113, and the ?site roue, Turner
r.
,
r ! Al by olhfn el h" PP-1111111, end that he le reduiad la {tort isr rea,onabk nn 14AR i. 1 . 411 C,I.I , IJ 13A Ad Tu61.3 1( h h 0a 3 Ws a ryseal e 11h
1193) 1 Aa1 v theSen Au its s Seemera dumie [aS
ten.
!1 , i
I, ad ddirence In land leith, Th:r I, I built in fudiM1u fiort of No ad vlr4 nVmint M1•
i 4) 5101 SI. Tlull o At Ca r. 61"11, 771 N Y. 104;, IS N t IS
K me (9th tA Cie 1011) U1. ]70 AM n, it deteY a "lend liability tor e 044 ylyr4alIniurieo n Ifeet uh Militant Militant 6ouldnf from negl ipel
et; Cl,, 110 R. till (1910); ref Andwn v. Klee, 301 0 A loot iiso In candq(t. to'r;a Lrtlv. •I61, 1r,it,mu adla A:ene•14 Esirrla,ty: foe Cale
.
10 Item r, Han, SI NM ISO, 37J P.Id 111 (1014); Sen1a %.Ire A Asia. Ca. 43 Jaaeull r Child) Molina Hon Ca, Sao MIN. illl, 111 N It 143 (1911); Oekur
LexS a Co., 141 NY . I. If0 N t. 700 (49:4); Trml Cf. V. rklrLer, IS! Va. Ill, W. Bamble aer A Co, 4 N.J. Miu. 1003, 115 All, 71 (Nfl/), Pilehlwd Land k Cattle
10 S t. i17, 71 ALR. I II1 (t A too a,vol Co. r. tine, 163 7u. III, 340 S.W 7d 191 (1061).
4++, 71 Hqe L At,, Ill, 417 d u 1; Will'ton, y ter loco molea !/inrhoula. JA the nettllenn silica V Witty Ilnartd by tdet elevated. nmdollY thew
P Nhen a dere"danl Sea Indu(ed ioolbee act by utepueun "A'a use r problem o f" lI m erpiewallnl ddendann. TSe poWLUUm of loran Is lb trial Social of agaeean col
i narh not dI,hanan
tal c sal oNV too
r coed- and demote Au direct! faunsew am numerous. Ind roe Portrait and nice coupe Saud OR
tale n, rho 1AeuW Mir 3141ool 10 at 114. Sri Keeton, Slim note rfrom the acu's 3, M,n1, lw,e to the ]wry seed au baxd an any ether Round. Set /1/ra! act tree In
W
In M' W N4 celery,,...., IJr Pa ,v o
0) f to Rrvur Jor Owriy 0 ha. L, Are, kraal dl1uN 0011s had by War hSnlSlnl CeSw Crnq 1,nerln I YVrrlrrye,leue,, le Va. L. Parr 317 (1911), III (b7a)1 444
(M01 14911
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DM 2 819ryry89
att wNUci Grfl
9100 Hwy 7191 Ilex
Denton, Tx 76705
City Nonage[ December 21, 1999
Denton City Hall
Denton, TX, 76201
Dear Sire RE, city violations of law
1 am requesting that this subject be placed on the city
council agenda in the next regular meeting. Please
distribute a copy of this latter to all council members and
the city attorney.
It Is my belief that the city is regularly breaking the law
in teaching defensive driving classes, for the following
reaeonss
1. Ultra Vire
v
Neither the city charter of the city of Denton, nor the Texas
constitution, nor general stat• laws allow the city the
• authority to operate a business, other than a utility.
In 1929, the city argued in court that it wee entitled by its
charter to enter the ice business. It cited the followings
The 1914 Canton City Charter and 1919 amendments, especially
Article 2, sect. 11 Article 9, meet. 30 and Article 7, sect.
2,1,6, and 7.
These articles refer to taxes, the right to issue bonds, and
it 1
powers of the eoun.;il and pity manager. The court ruled
against them, and they appealed on the basis of Lea being a
utility.
The closest such power of the council permitted by the
charter, is the establishment of a free public library, and
cooperation with associations for that purpose. The city
manager is empowered to make financial recommendations to the
council.
2. Precedent
A number of years ago, in 1929, the City of Denton was sued
by an ice company, when the city went into the ice business.
The Lee company won in the lower court, on the basis that
l ubllc revenues say not be used for such purposes) that no
law or charter authorises the city to engage in a business of
a private character, and to do so Is yku vhre and illegal.
Texas Constitution Art. 1, 91, forbids use of public
resoure•6 for purposes other than normal governmental
functions.
It is my contention that revenues collected by the city from
teaching defensive driving classes become public revenues,
4 and as much, may not be used for the operation of a busir.%ss,
such as the defensive driving classes. The city also uses
classroom space paid for by the taxpayers, a supervisor and a
personnel office, aupported by the taxpayers. Though it
could do bookwork suggesting 'repayment' of the taxpayers'
past, the fact of involvement of and singling of public
finances still exists.
1. Revenue from a utility
As 1 have found a reference Misting that revenues collected
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Denton p. 2
from a water utility may not be transferred to the general
fund, it appears that the same may apply to other utilities.
Thus, if the city should declare that defensive driving is a
utility, they would not be entitled, by this reasoning, to
place the revenues into the general fund.
4, Operation of Utilities Permitted
In the 1929 ice case, the city won in the appelate Court, by
stating that, as a commodity and a necessity, ice is a
utility, and the city is autAurired to provide utilities.
In the present cue, defensive driving Classes are not a
commodity or a necessity. They do not lend themselves to
natural monopoly, nor meet any other tut classifying a
service as a utility.
S. Independent school district required
Article 11, 110, Texas Stets Constitution, enables a properly
' chartered city to set up a school district, only after
holding an election. A 1905 act requires that such schools
be free of charge to the student, (School lava of Texas, Art.
27611.
A city may not operate a school outside of its limits.
Ivernon'I Div. St, art. 2103, Nosreoheal v. Lagle lake, Div.
App. 236 S.N. 9961.
A city may operate a school only if it is a separate And
independent school district. (Sayles" Civ.St.1/19, ■rt.
1 Md., NcCo-as v. Rockport, 14 C.R. SO, 77 S.N. 911.
E A city must first obtain authority before opezalinq a school.
(III Paso V. Conklin, 91 T. $39, 44 S.x. 9111.
F 6, lending of Credit
Article Ile 13, Texas State Constitution, forbidr a city from
bacooing •a subscriber to the capital of any private
corporation, or association, or...in anywise loan its
` eredlt..,.•
The city of Denton has entered into an arrangeaent with the
Texas Safety Association and the National Safety Council, to +
operate a business in cooperation with them, and to Is
to
them certain relaburssments. Though the enterprise is
currently financially succueful, it is possible and
conceivable that the enterprise could lose money, In that
case, the city would bear the whole loss, and not the other
associations.
` violater such a loos would require the use of tax revenues,
q provisions mentioned above, In topics 1 S and 1 1.
i
This clause of the constitution prohibits local governments
from Issuing any form of financial assistance to private
enterpprise, not only to railroads but to all other private
agonciae. IC2not. it. 1 116) art, 3, IIS10 53) Art. 111 113,
It art, 16, 916, 411 D.S. Coast. art. 11 flol,
A city can not obligate tax-purchased property (in the
present case, a meatinq rooml to a private charitable
j organisation on a condition of later reimbursement. (Op.
4 Atty, Can 1967, No. V-173, regarding a hospital
laborotory.l
A city may not enter into a partnership with A private
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Denton p. 1
organization, (Lewis V. Austin, Civ.bpp., 147 S.W. 2d, 298
regarding purchase of mutual ineurancsr Op.Atty.Gen., 1919,
No. 924, regarding purchasing mutual insurance).
7. Fraud and Unfair Competition
The city le eingaginq Sn unfair competition, by means of s
raudulen! white pages telephone listing. TRis ]!sting
ptrovides false and deceptive Impression$ to the public,
includinq:
a. That defensive driving is a function of the municipal
court clerks office.
b. That the caller is communicating with the municipal
court clerk's office, rather than an answering service in
another part of town.
C. That the school listed there is the only one.
d. That the school listed there is the 'ofliolal' or
'approved' one.
e. That the City of Denton, or the Municipal Court
Clerk's office is in some way In charge of defensive driving
j classes.
0. Conflict of Interest
F The city to also engaged in a conflict of interest. The same
entity which writes traffic tickets, also Makes money by
teaching the classes which result from !hose tickets.
If a person in Denton believes a traffic ticket is unjust,
and attempts to go to court, he finds he has been given the
same court date and hour as 50-100 other people. After t in hour he mustgcomeuback anothereday,he issrns the t, to go to court,
Most just give up and pay the ticket. Many of those who know
about this and peroieve it as a racket, designed to
discourage use of the court, take a defensive driving course
instead,
Then the city makes money on them in that case as well. The
citizen pays the city $10 for permission to take the class,
and 970 for the class, so the city recieves 110 from the
citizen. Me may be convinced he is innocent, and he may be
convinced that defense in court 18 discouraged, in order to
obtain his money.
r
9. Certificate of Convenience and Necessity
It appears the city is violating the law, in having failed to
obtain a certificate of convenience and necessity from the
state. This is required it the city operates in competition
with business, and if the city operates in enterprise outside
Its municipal boundaries, (See earlier provided sheet,
titled 'Summary.')
4 yours tr ,
E. Doug s
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CITY of DENTON, TEXAS 215 E. MCKINNEY I DENTON, TEXAS 762011 TELEPHONE (817)566.6200
DATEI December 1, 1988
TOt Lloyd V. Harrell, City Manager
FROMi Harlan L. Jefferson, Risk Manager
1 SUBJECT, DEFENSIVE DRIVING PROCgAM
j S U?Kml I
E Recently, the manager of the local school of the National Corrective Training
Institute (NCTI) questioned why the City was providing driver improvement
driving
receia responses
numerous benefits from tour~ defensive that the
Denton public.
courses citizens t of the
' school, which consist of the followings
trathan nfered to the Cneain gross l Fund, income, and
A. The ,OOO y net receives income m is more
430,000
B. The city provides stability among defensive driving schools in
Denton. Some of the schools that have taught classes in Denton
have gone out of business.
C. The City's school is considered by the National Safety Council to
_ be one of the beat public agency schools in the country. For the
third consecutive year, the National Safety Council (N.S.C.)
y Government mention ATTACHMENT 1.)Pnrformaace
awarded the City an honorable
by a
BA_CKGROUNDf stablished
e than The CiWey'were autthorizediby thecTexaswSafety Council torteach classeseinyboth
ago.
~ Denton and Decatur. Therefore, the City's school was in existence prior to
any of our local competitors. The purpose of the school at that time was to
traffic citationsand training prto our ovide revenue citizens, i the City's an safety program than paying
Presently, the net revenue of the defensive driving program is traasferred to
the General Fund. As a result, the citizens of Denton benefit from our
program because reduces revenue
and supplies or tohfill a posits nhsuchfasda
can be used to purchase equip
fireman or police officer.
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} Memo to Lloyd V. Harrell
f December 7, 1988
Page 2 of 2. 1
PURPOSEt
The present purpose of the City's defensive driving program is to make sure
that quality classes are available to the public and to produce an alternative i
source of income. We accomplish this by not only providing classes that
satisfy the N.S.C. standards, but also by setting a level of competition that
encourages other schools to provide a quality service. The course fee is an
example of this. Due to our school, the course fee for most schools in the
Denton area is at a reasonable rate of 420.00 per student. However, many
schools in the Metroplex charge 325.00 to $30.00 per student. Secondly, if a
school is to be competitive, the service it provides would have to be so good
as ours, or better. Because some schools cannot accomplish this, many of them
go out of business. When this occurs, the students they taught have a more
difficult and costlier time confirming the last time they completed the course.
THE NATIONAL CUMCTIVE TRAINING INSTITUTE (NC'TI)I
I
The National Corrective Training Institute (NCTI) Is a Driver Improvement
School which offers courses to traffic offenders and bad check writers. They
are also a competitor of the National Safety Council's Defensive Driving
School. Their local school was recently monitored by the Texas Safety
Association and, on a scale of one to ten (with ten being the best), they were
j rated as a one. The monitor noted that the course focus more on psychology
than on driver improvement, lacked content, and relied mostly on personal
stories.
The concerns voiced about our school by Mr. Vene Douglas (i.e „ NCIt's local
manager) were Initiated after we refused to hire him as an instructor because
of conflict of interest and the fact that he had not completed the T.S.A.'s
training course. We do not believe he would have our best interekts at heart
if he continued to manage his school while working for us. When I inquired
why he was interested in working for us, he responded that his class
attendance had dwindled from an average of 30 students to 7 students, He also
blamed schools that advertise, such as ours, for his low attendance,
CONCLUSIONt
It is our belief that the City's school is unique in the benefits it provides
the citizens of Denton. As mentioned in the summary, we offer additional
revenue, market stability and quality classes. Neither of these benefits
would be available if the City was not offering Defensive Driving courses.
For your information, I have also attached a list of other public agencies
that offer defensive driving courses (SEE ATTACHMENT no,
If you have any questions, or need additional information, please do not
hesitate to contact me.
Harlan e r/ItV
HLJtsjn i
Attachments
4044F
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Attachment I.
Honorable hientlon
Collins Associates
f Hareld D. Purdy and Associates
Best Performance by a Federal
Governmental Agency
US. Postal Servke-Windsor. CT
Honorable Mention
1.7
L' °i 'rrji art 1 US, Postal Servke-Houston, TX
t DDC•4
r s{~~ Best Performance by a Safety Council
dl"..'. ly; ,5 DadeCounryCidrensSafery Council
a fpt CQ~n~++~~~ Broward Chapter, NSC
t r. .•,rr s Central Florida Safety Council
Buffalo -Niagara Frontier Safety C cuncd
Safety Council of the Louisiana Capital
Area
Honorable Mention
Safety Council of Point Beach County
Best Performance by a State
Department of Driver Licensing/
State Government
Louisiana-Office Rlstt Management
Honorable Mention
Louisiana Dept of Transportation
Indiana Bureau of Moax Vehkles
,
Best Performance by a Buslness/
Industry
Carolina Power and Light Co.
DDC•8 Best Performance by a
Bert Performance by a Safety Council Best
a Industry
Anwna Safety Association Honorable Mention
Oklahoma Safety Council Austin Driving School American Cab Co.
Safety Council of Greater Ho^ston Sears Driving School Excelawn Corp ofAmerka
Safety and Health Council of cremer J' B Ladd Associates, Inc Best Performance by an Educational
Omaha SafcryScrvicesof Arkansas Institution
Honorable Mention FIL11da Keys Communfty College
Honorable Mention Fist 7exas5alrryDrivingAgtny Best Performance by a Federal
Palmetto Safety Council Anna
Defensive Driving School Governmenta
Best Performance by a Military Texas Defensive Driving School T nnessee lal iky Agency
ency i
Installation Best Performance by a Membership/ Shoals, AL ' ty-MusJe
US. Army-Fort Flood Volunteer Association Honorable Mention
Honorable Mention Jameson Devtitional Ministries
t,I S. Postal Service-M1fiaml, FL
US . Army-Fort Ord Honorable Mention
U S Army - Fort Knox Best Prrformant a by a bfiBtary
Brazos Valley Safety Agency Installation
US , Army-Purr Dix Communtiy Service DDC US Army-Fort Stewart
Best Performance by a State Texas Farm Bureau U S. Army-Fort Rdey
Department of Driver Licensing/ Bell Performance by a hfunicipi!/ Honorable Dictation
i State Government Couno Government US, Arm -
Indiana Bureau of Iviumr Vehicles Hunteviik !}+lice Academ 1 Y Fort DkPherson
Commonwealth of Virginia _Dept. Dfutor Y US , Army- Fort Leonard Wood
Whicks Honorable Mention
City of Dcnaw DDC•PTD
State Rcpt, of Highways and Public Bast Performance
Transportation-Texas City of Grand Prairie Jack wbrland/Indiana BMV
Honorable Mention Vkwria Police Academy New Jersey State Safety Counv-I
Illinois State Police Best Perrot niance by an Insurance Safety SerbkesofArkansas
Texas Dept of Publk safety Agency/Cumparay honorable Mention
NordtCarolina Div of Moir %,chicle$ Lnrdque and Asscciates American Truck Drivers School
Malne Dept of Public Safety FIRM Agency
Bete Performance by an Educational DDC-CMD
Best Performance
Institution National Safety Council Broward Chapter
Houston Community college Honorable Mention
Indiana Bureauo(Motor VehlC6
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Attachment II,
PUBLIC AG2 CY SCSOOIS
Texas Nomaa's University
University of ?forth Texas
City of Marshall
City of Longview
City of Beaumont
City of Richardson
City of Deer Park
City of Grand Prairie
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4044P Attachment