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09-17-1991 AGENDA COUNCIL CITY Sep tembeN 17. 1991 on Tuesday, Work Session of the City of Denton City Council September , 17 1991, at 5:15 p•m. en nto tnhe Texas Dat nwhich mthe City Hall, 215 E• McKinney, De, following items will be considered; for the tk Sesio may item listed on the Agenda al genda s fora the t of the wA Note: Any also be consideced as pa Regular Meeting. 5:1.5 P.M. y ~ 1 executive Session: Art. 121L-17 A. Legal Mutters Under Sec. 2(©). V.A,T.S. and Mrs. Gamb.e. 1• Consider claim of Mr. 2. Cunsider claim of Mr• and Mrs, Harp. 3, ConsideK action in re: Flow. ;i Under Sec. 2(f), ert, 6252-17 B. Real Estate R V.A.T'S. Personnel/Board Appointments tinder Seq. 2(q). { C. s Art 6252-17 V.A.T.S. ing t. Receive a _as and thel72nd Legislature rthatamay 2' 1c.,71s1ation passed by ocedur,111Y. an i,upact on the Municipal Court pr h,+. ve t; fiscally or both, Regular Mee the City of Denton City Council on Tuesday. Meeting in the Council. Chambers of ' September 17, 1991, at 7:00 p.m. Denton. Texas at which the City hall, 215 E. McKinney. Following items will be considered: 7:00 P.M. Pledge of Allegiance of the minutes of the Regular "i I 2. Consider approval 1991• session of August 6, I t'y; • ti ,a City of Denton City Council Agenda September 17, 1991 Page 2 Presentation of Award to Mr. Trent Young, 3. 4, Citizen Reports Jesse Coffey A Receive a citizen report from regarding the 1991-92 budget. from Mark Fleege B. a citizen report case. Roceive regarding a city initiative for a zoning rom the P \ a recommendation farks and .A Consider accepting the administrative a for q j Recreation Board regarding the request by the parks programs and regarding Youth Football Association for wavier and/or delayed y payment of fees. 5. Public Hearings A, Hold a public hearing henzeconing rof dap26,58oacre 1 ordinance approving tract of land from Planned opmenistr3xt lQ on Industrial Conditioii~.d Light , } properties located on he south side o f US Lao Highway 77, north and sorth of Stat91Hig way (The 288 (under construct-ion), recommended Planning and Zoning commission r approval with condition,). B. Hold a public hearing and consider adoption of an ordinance approving et rezoning on .1844 acres of land located at the southeast aorneNe~ghborhood and Oakland Streets from GtR he (C) SlGeneral Retail Service District to tile 91-0C) (The Planning District (Conditioned) Z- and Zoning commission recommends approval.) f'4 6. Consent Agenda the 8tatf and k' Each of these items is racoomm~he a basis of the Staff i; approval thereof will be strictly each item the recommendations. Approval of the Consent Agenda authorizes the city Manager or his designee to implement accordance with the Staff recommendations, urdere to be Listed below are bide and purchase the on of approved far payment under the or- nnaise attached to the agenda. Detailed back.-uP 7,B), This listing is r.ovided ordinances (Agenda itesrs 7.A, to allow on the Consent Ageen l of the ordinance) Members to discuss any item prior to appr Y - J fY ~ s. i i City of Denton city r.ouncil 1,genda September 17, 1991 Page 3 A. Aids and Yucchase Orders: Aid #1265 1500 I(VH StaLion Transformer 2. Bid *1279 Lowboy Trailer 3, Bid 141285 - Disk Drive q, P.O. #15977 - Motorola communication 5, P.O. 015873 - IBM 6 P.Q. #15868 - r,mr,rican Managemont System 7. Ozdinances a a A, Consider adoption of ro osalordinance awarding j' competitive scaled p p ' contract for the pucctsaee of materials. - Bid equipment, supp ies or 012798e6VA.3. - Bid #1285) t 01265, 6.A.2. for B. consider adoption of an ordinance purchases of the expenditure of. funds for p neeCsourceinsaccordancehwithatheaprovisions r of such purchases from state law exempting requirementtS Of •competitive bids. (6PA04 $158680 015977, 6 - C, consider adoption of an ordinancetavithQr zing the agreement Mayor to execute 19s8 Amendment between the City of Denton relating to of February Inc., and Freese and Nichols services for Lake Ray ij professional engineering i Roberts Offsite Water Tran3misslon Facilities, (The Public Utilities Board recomme.hds approval, Consider adoption Whiof an ordinar-10 tlock and Ha el Whitlock xfogr D~ payment to Leroy Robe::ts Transmission easement acquisition (Ray Water Line Project). I E, Consider adoption of an ordinance adopting the for budget for the City of Denton, Texas, 91 the on October 1, 3.991, and fiscal year beginning ending on September 30, 1992. in the ad Texas g for the F. Consider adoption of au ordinance Denton. valorem tax of the city of within the year 1991, on all taxable ponp7anuary 1, 1991, corporate limits of roviding revenues for Payment not exempt by law, P ' of current municipal expenses, anCf yroE nDenton and sinking fund on outstanding bonds, providing for limited exemptions of certain homesteads and providing for enforcement of collections. ti e. Cit}' of Denton City Council Agenda September 17, 1991 Page d, G. Consider adoption of an ordinance amending thco Schedule of Rates for water services. (The Public Utilities Board recommends approval.) H. Consider adoption of an ordinance amending the Schedule of Rates for sewer services. (The c Public Utilities Board recommends approval.) 1. Consider adoption of an ordinance establishing ` g rates for the use of the City's sanitary landfill C site as authorized by Chapter 12 of the (lode of Ordinances of the City of Denton. (The Public Utilities Board recommends approval.) i J. Consider adoption of an ordinance deRignating depositories for City funds for a term beginning Octobor 1, 1991 and ending September 30. 1.993. 8. Consider approval of a reduction in the Energy Cost Ndyustment from 1.90 per KWH to 1.70 per KWH. (The Public Utilities Board recommends approval.) 9. Miscellaneous matters from the City Manager. A. Receive a report and hold a discussion regarding security procedures at the Municipal Airport. 10. Official Action on Executive Session Items: A. Layll Matters B. Real Estate 22 C. Personnel D. Board Appointments 11. New Business: } This item provides a sention for Council Members to suggest items for future agendas. 12. Executive Session: N A. Legal Matters Under Sec. 2(e), Art, 4252-17 1 V.A.T.S. 7 y„ v$3 B. Real Estate Under. Sec. 2(f), Arta 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. Ilr T-- City of Denton City Council Agenda September 17, 1991 Page 5 k' } NOTE: THE. CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO f_ EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. is C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at th9 City Hall of the City of Denton, Texas, on the _ day of. 1991 at - o'clock (a.m.) (p.m.) CITY SECRETARY 3438C ~ i F i F 4 Pi l' nW f- r_ 5':1 CfTY of DENTON# TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 a s M E M O R A N D U M Y¢ n d y n a a a~ a a ~r TOi Mayor -nd Membera of City Council FROM$ Betty McKean, Executive Director for Municipal Services 3 and Economic Development g' DATE, September 13, 1991 SUBJECTi Consideration by Parke and Recreation Advisory Board on Administrative Fees Please find attached information on Parks and Recreation administrative fees for all athletics and other recreation programs referred to the Parks and Recreation Advisory Board for recommendation. I have also attached copies of ' finenc!al statements Mr. Joiner has submitted for the Youth Football Association. Minuter, of the Parks and Recreation Advisory Board meeting of Monday, September 16, 1991, will be made available to the Council at its meeting on Tuesday, September 17, 1991, Chairman Dalton Gregory will present, the Park Board recommendation~ to you. Parks and Recreation staff members, Bob Tickner ` and Alicia Mentell, will also be available to answer questions. r If you have any questions, please feel free to contact me. I Y atty cKe I r Attachments PARKS279 4._ f {4" 1j t1. is „ r= ' 817/566.8200 D/FW METRO 434.2529 1 .I 4i r; Y 1990 DYFA FINANCIAL REPORT EWUIPMENT # 10,075.84• OFFICIALS $ 4p550.00 1 1 AWARDS - # 4,006.58Y CONCESSION 3, +427.74 - M18C. - $ 1,573.31 INSURANCE - t 710.43 ADVERTISING • 686.04 PRINTING _ t 563.70' STORAGE f COMMUNICATIONS - 347,69 I REFUNDS - 240400 i SUPPLIES - $ 73.60 TOTAL t i 26p644.95 TOTAL DEPOSITS$ 23,457.55/ r4 1991 *Received from Mo Joiner on September 12, . .fj{S r, a'7 l k.; PROJECTED FINANCIAL REPORT FOR 1991 SEASON DENTON YOUTH FOOTBALL & CAEMEADING r; r OFFICIALS (if no increase) $4550.00 AWARDS $4000.00 CHEER-0" $2000.00 MISCELLANEOUS EQUIPKEN (tape,ice pecks,uedical eupplies,etc.) $1000.00 e i UNIFORM. PR IIT ING $ 828.13 INSURANCE $ 710.43 FM RAISER $ 450.00 400.00 STORAGE MISCELLANBOOS.SUPPLIES $ 300.00 REFUNDS $ 300.00 ' FOOTBALL $ 240.00 PRINTING $ 150.00 TOTALt $14,728.54 We now have $8531.23 in the bank. projected needs #6197+.33 t *Received from 10 Joiner on September 13, 1991, i t x.ISM r c1TY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E, McKINNEY / DENTON, TEXAS 76201 v M E M O R A N D U M v a n e n a a q sa n ' I r Ell T0: Mayor and Membere of City Council 1 t, FROM: Betty McKean, Executive Director for Municipal Services t and Economic Development j i , r DATE1 September 13, 1991 SUBJECT: Parks and Recreation Administrative Fee Issues 1 The Parks and Recreation Advisory Board will be considering the request made to Council by Mo Joiner on September 3, 1991, as well as the larger issue of i eliminating the administrative fee entirely for fiscal year 1991-!12, The Board will be recommending one of three options for the issue of whether to relieve the Youth Football Association from paying the overdue administrative, These include: 1) Continue under the current policy with no relief from the ; administrative fee which is owed and estimated to be $1,300. (NOTE: No official rosters were ever received.) 2) The Football Association be talieved from the estimated $1,30) V, administrative fee for the season ending in November, 1990. { 3) The City Council accept a Football Association payment plv,n proposal for fees owed for the season ending in November, 1900. on the larger issue of removing the administrative fee from the 1991-92 1 budget, the following options will be considered for recommendation: s 1) Continue under the current philoanphy with the administrative fee, 2) Discontinue the administrative fee for youth athletic associations A only, reducing revenue by X121000 and increasing the tax rate by ,000627 or an equivalent amount of budget cuts. (See attached ;.1 budget cut options) rl 8171566.8200 D/PW METRO 434.2529 i Page - 2 y+ . t~1 ri i'4 3) Discontinue the administrative fee for all self-managed f associations, reducing revenue by $14,800 and increasing the tax rate by .000773 or an equivalent amount of budget cuts, (See attached budget cut options) 4) Discontinue the administrative fee for all department spbr'sa t,d 1 activities, reducing the revenue by J30,000 and increaeing thn uix E rate by .001568 or au equivalent amount of budget cute. (See attached budget cut options) 1 Staff's recommendation is to continue with Option A1, no changes to currant operations. Aa always, p ease feel free to contact me if you have any questions. 1 PARKS280 y ; i 's z 4 I i t c, i CITY of DENTOM TEXAS MUNICIPAL BUILDING % 215 E. McKINNEY / DENTON, TEXAS 76201 ;a t M E M O R A N D U M LS f, • a~ a a e a~ a a a TO. Dalton Gregory, Chairman, and Members of the Parks and Recreation Advisory Board FROM: Bob Tickner, Superintendent of. Parks DATE: September 12, 1991 SUBJBCTI Denton Youth Football Association Request for Consideration of Waiver of Administrative Fees ilr, Mo Joiner of the 'Denton Youth Football Association wishes to address the Board to make a request for absolution of administrative fees owed to the City by the Association PDr its season ending in November, 1990, Mr. Joiner met with the City Council regarding this same request on Tuesday, September 3, 1991, The City Council received his request and directed the City Manager to refer it to the Park Board for review and recommendation. After extensive review of all available financial information, Park Board minutes, and other correspondence, I have listed below, in chronological order, the key avents relating to the problem of getting the sports associations to pay the fee. September, 19881 The 1988-89 fiscal year budget was adopted by Council with a projected revenue increase of $110680 for youth and $30320 for adultsports which would be generated by each participant paying a $5 administrative fee, J November 14, 19881 The Park Board discussed the new $5 fee to ue assessed athletic participants. After a thorough discussion, the Board voted to oppose the aeseasment. (Attachment A) January 9, 19891 At the Park Board meeting, Chairman Carl Ander4on gave- a report on his meeting with the City Manager, The meeting determined the $5 fee could be eliminated if $25,000 were cut from the €!-partment'a budget. (Attachment B) January 23, 19891 Park Board members reviewed a list of possible cuts to the department's budget in order to eliminate the $5 administrative fee. The discussion indicated the Board was not in favor of any budget reductions, (Attachment C) 8171566.8200 D/FW METRO 434.2529 :s 1 S'lq ry l f page _ 2 I~ s1 February 20, 1989; At the Park Board meeting, the $5 fee was discussed with members of the sports associations, Bill Holt presented a letter expressing concern that the fee would make their programs too costly. (Attachment D and r D.a.) i r r February, 1989: The leagues were told to begin collection of the administrative fee. (Attachment F,) Jul 17 1989: At the Park Board meeting, the Board discussed changing the flat rate 5 administrative fee per participant per class or program to a percentage of the class fee. Chairmau Anderson related lie was hearing continued objections by the athletic associations regarding payment of the $5 fee. (Attachments F, F.a., F.b.) F.c., and F.d.) August 7L 19891 The Park Board was advised that the staff had included a percentage calculation for the administrative fee in the 1989-90 fiscal year budget. The Board approved a motion stating opposition to the administrative fee, but if it must be charged, then the percentage calculation should be used, (Attachment G) August 11, 1989: Steve Brinkman advised Council by memo of the history and desire of the Park Board to change the way the administrative fee is calculated. (Attachment H) November 14, 1989: The athletic associations were notified by letter of the k changes in the way the administrative fee is calculated after the fee was pert ; of the budget adopted in September, 1989, for fiscal year 1989-90. (Attachment 1) As you can see, discussions and objactiona to payment of the fee continued to take place throughout the 1988-89 fiscal year even after the leagues, were told to begin collecting the fee. Football, soccer, Denton Boy's Baseball, and j Girls' Softball had already advertised and set their fees in February, 1989, They did not collect the fee and balked at paying it from available funds. This continued until a letter was sent to all associations again on February 11, 1991, explaining the administrative fee and that they would not be allowed to play in 1991 until it was paid, We have received payment for the fees ; collected by the associations in 1990 except the football association which still owes for their season ending in November, 1990, This brings us to the current situation where the Denton Youth Football. Association has approached the City Council asking for absolution of their 1990 fees rind consideration of an extension for payment of their 1991 fees due at the end of their season in November, 1991. 4 T have attached a calendar fee payment schedule (Attachment J) in an attempt to clarify who has paid for what season. It appears all of the associationt, except Little League did not submit payment of fees during the 1988-89 fiacel year due to the fact their fee requirments had already been published. We received the first payments from the Little League on October 21 1989 for the 4M i 4".$.1£1 4 Pag( - 3 tt h nts each son played in 1989. A chart is attached ls'aSoEtballthae paidetheirrfeesvat the ` se fiscal year. To date only the heir 199 cpoossiblytwith thelexception ofwfootball) afterrthisvissueeisrresolved. payments P After review of all information, it is the staff's recommendation that the Football Association not be relieved of this obligation. It would be inconsistent and unfair to the oer sociations toiabsolve them. payments the Board may wish to entertain any proposals from Mr. ner to make or pay the fee from a special fundraiser, During Mr. Joiner's discussion with the Cityibegin staff asits directed l } preparing fields and allowing t league to proceed with recommendation for its meeting on Tuesday, The Council is expecting a September 17, 1991 meeting for one of the following options, 1) Continue under the current policy with no relief from the rwhich is osters were ever receivedi;ated to be $1,300, administrative fee r official OTEt No (N r 2) The Football Association be relieved from the estimated $1,300 administrative fee for the season ending in November, The City Council accept a Football Association payment plan 3) proposal for fees owed for the season ending in November, 1990. Please advise if you should need any additional information. Robert it. Tickner r Attachments PARKS273 i , i ONEENEEMEr i Parks and Recreation Board Meeting A'PTACHDSENT A November 14, 1988 Page - 2 3. Domino Hall Update: j Carl said that the plans are still to provide a meeting place for the Domino Club in the Senior Center expansion. Alternatives will be looked Into. J IV. NEW BUSINESS 1 1. Lakeview/Southview Developments: Chris reviewed the park land the city will receive by donation Erom the Lakeview/Southview Developments. Southview will be develope3 l first, and the City will realize a total of 28 acres, to acres for school/park areas and 18 acres of park land which will meet the park donation policy standards. Chris said the land donated by the Lakeview development will include 34.3 acres for park land and 30,2 acres for school/park land for a total of 64.5 acres, The development will also provide access for the greenbelt which is j planned to go from the City to the lake. Carl suggested that the Park Board should go to Lakeview/Southview and Oakmont developments, Denia, and any other areas in which the department will be inv,)lved to get a first-hand look at the areas. t, V. OTHER BUSINESS 1. Youth and Adult Athletic Program Feet Paul Leslie told the Board the city is looking at assessing a $5 } per person fee for the athletic participants. He distributed a chart which compared Denton's fees with three area cities. He i explained the department's fees are high to help supplement the salary of the Athletics Specialist. i After a thorough discussion, Rita Pilkey roved that the Park Board strongly oppose the assessment of an additional $5 administrative fee to athletics participants, Roy Appleton seconded the motion. The motion was passed by a unanimous vote. 2, Martin Luther King, Jr. Recreation Center: Catherine gave an update on the dedication ceremony which had been ` planned for Martin Luther King, Jr,'s birthday in January. Due to construction delays, the ceremony has been postponed until February i i 25. Alicia Mentell announced that the two rem#i,ning staff flit positions at the Center had been filled, Hu Gillespie has been hired for the Recreation Specialist position, and Brenda Burton has i been hired for the Recreation Leader position. Hu comes from, McKinney, and Brenda is now working for the Austin Parks And Recreation Department. r 1 parks and Recreation Soard Meeting ATTActKOT B January 9, 1989 Page _ 2 III. OLD BUSINESS i 1. CIPI 1 In the opening remarks, Carl said he had received a letter from the Planning and Zoning Commission and the Public Utility Board. The letter stated that the planning process for the next five year CIP will be starting. ideas must be submitted in writing to the and Zoning by March 18. i i chairman of Panning Steve requested input from the interested parties for the park r planners to help with the master plan for the development of 1:)rth Lakes Park. He said most of the 350 acres will be developed. The meeting was opened for discussion with representatives from the North Lakes neighborhood and the park planners. Steve reviewed the items which had betin approved for the 1992-93 CIP. He said the city will have another oond election in the fall of 1991. Carl stated that the figui,es for the yearly time frame are the bare bones. He suggesi•,ed putting in everything that is needed and then maybe the figure of $2,300,000 would be approved. He also suggested that the figures be broken down to include how much is spent on roadways, walkways, and utilities. During this segment of the meetitgp Steve brought up the subject of the speed limit on Windsor and asked the opinion of the residents in that area. One of the residents in attendance said thato due to the heavy use by pedestrians, he could not recommend raisig the speed limit from the current 20 mph. ; { 2, Martin Luther King, Jr. Recreation Center Updates ; Steve Johnson announced that two new staff membes had beenthired and officially for the center. He said the facility 19will the grand opening over to the City on February 1989 Carl suggested that the ceremony will be on February 25, merdet at 23 j 3. Sports Association Update: ` Carl gave a report on the meeting with the city Manager regarding the proposed $5 administrative fee to be assessed the sports participants. The city will do away with the fee if the Parke and Recreation Department can find $25,090 to cut from the4 bydget. i EyY W' f Parks and Recreation Board Meeting ATTACHMENT C January 23, 1989 Page - 2 V. NEW BUSINESS t 1. Discuss Potential Budget Reductions: i Carl opened the discussion by stating that he was against any reductions in the current services in order to eliminate the proposed $5 fee which will be assessed sports paeticipants. Carl also said that he felt the sports associations would not object to the $5 fee if it was targeted for field maintenance. Dalton commented that it is rediculous to build new recreation centers and not have the funds to keep them open. 2. Review Major Budget Issues for 1989-90 Fiscal Year: Steve gave the members a list of items for major budget r consideration and requested the members go through the list and prioritize them by the next meeting. j VI. OTHER BUSINE9 16 Senior center Expansions Steve said that new plats had been drawn up for the expansion due to concerns by the Do;nino Club. After reviewing the plans, Dalton Gergory moved that the Board recommend using the original plans. Rita Pilkey seconded the motion. After further discussion, the motion passed unanimously. ' 2. Martin Luther King, Jr. Recreation Center Grand Opening Programt Steve gave the members a sample of the program for the grand V the program rbeheiapproved. The motiomoved n passed opening seconded and asked i unanimously. 1 Catherine suggested having shirts and caps for sale at the grand opening of the center. The next meeting of the Board will be on Monday, February 200 1989, at 5:30pmo vI. ADJOU N r ` on a motion by Catherine, second of Rita, the meeting was adjourned, 1 i parks and Recreation Board Meeting ATTACHMENT D February 20, 1989 page - 2 III. Proposed Development on University Blvd. and Potential Park Donation by the Denton independent otchool District: Gilbert Bernstzin and mike Griffin, representing the Denton independent School Districi:, presented to the Board a proposal by DISD to donate to the City 4.3 acres of land on university Blvd. as a potential park site. After much discussion, Dalton Gregory moved that the Board recommend the acceptance of the donation of the property from DISD as an appropriate location for a park area. Rita Pilkey seconded the motion. The motion was passed by a unanimous vote. i, TV. Youth Sports Associations; in a discussion regarding the assessment of a $5.00 administrative fee to participants in the youth sports associations, Carl explained that the fee was assessed by the Executive Committee for the City and said the Board did not know about the fee until after the fact. He stated that he had been told by the City Manager that if the fee is not i assessed, the department will have to come up with $25,000 in other areas which would moan cutting some services. He said that at a previous meeting the Board members did not feel that any of the current services could be out, i in the response from the representatives of the youth sports associations, the consensus of the representatives was concern that the fee will not be used for field maintenance. Bill Holt said the fields. used for youth sports are in a run-down condition and potential dangerous situations exist in some areas. He said the groups are not getting adequate basic support even without the $5.00 fee. Jane Malone asked when the next bond election would be hold. Steve said the dates for the election may be in the fall of 1990 or the spring of 1991. she said a meeting of the youth sports groups had been planned for Monday, March 61 at 5:30pm to discuss the organization of a youth sports authority. V. OLD BUSINESS 1. Recreation Center 12 Status: Steve said plans were being made to do soil tests at two sites to determine the best location for the recreation center. He presented two options for the location of the center which were prepared by Gary Juren, if option A is considered, Steve said the department would have to go back to the developers for additional acreage. T... I ATTACHME\T D.1 February 20, 1989 4 Vii. Steve Brinkman Denton Parks and Recreation Dept. Denton, Texas 76201 Dear Steve: This letter is in reference to recent correspondence from - you concerning the implementation of a $5.00 fee for youth sports. This additional fee comes at time when all leagues are faced with increasing our registration fees to cover additional costs of running our leagues. This additional fee could not have come at a worse time. The football registration without the $5.00 fee will likely go from $30.00 to $40.00. If you add the rental of equipment to this fee it will cost $60.00. A large part of this increase is due to rising insurance costs, but is also due to the recent cutback of reimbursement of officiating fees. Our league spent $4800.00 on referee costs. The City only reimbursed us for $1500.03. Additionally the other support we received form the city was mowing and lining of fields. From the Football league's perspective, we serve a large segment of young people on scholarship. This additional fee will also be bone by the league for these childrr.n. our biggest concern is that you a sports programs in general do not receive the fund: Lg priority they should. The fields on which all youth sp its play pale in comparison to other cities in the area. The condition of the baseball fields are an embarrassment to our city and are extremely dangerous to our young people. We are concerned that there is not enough funding to properly and safely maintain the fields. The facilities at Evers and Mack Park for baseball are in need of major repair and upgrading. The playing surface is dangerous and the building at Evers should be condemned. i The fee would be received more favorably if the youth leagues felt they were getting strong support for the youth of Denton. As it stands the young people of Denton are being short changed. We are prepared to become very active in lobbying for better facilities and better maintenance of the existing facilities. j yours truly, ~ r Bill Holt President d 3 ,e ti'iWiJ:ff.~ l ii . o ATTAGIMUT F t on TEXAS CIVIC Contsr/ 32 f E. YCKOnn0r/ Denton, rz 1 Cory •I llE/1rOM, y s 1!d! February to j , Mr. Steve Selby Denton Girls' Softball Association 428 tlortheidye Denton, Texas 74201 Deat Staves with Paul: please let me clarify the conversation you had on January 11, 19d9, Leslie, Lptsute Services Administrator with the parks and Recreation d5400 , in collection of Departaent. this conversation concerned the adainistrative fee to be assessed each Participant i ' city policy states that all participants in classes and/or leagues held"Gt City facilities be assessed a $5.00 administrative fee. Currently$ this fe/ . is not being collected from youth sports participant with ncorder tot theiear ; and Recreation Department to follow this policy Therefore* •ffectiv4' necessary to collect this f++ from all participants, ' UmWaiately, the department will be Collecting a $S.00 administrative too psi -w participant ices all youth sports associationse This is in addition to thy i $10e00-non-resident tee that is now collected, i, if you have any questions or concerns, please feel free to contact me , +E 566.1270. 'I Since ply, { Stevo Brinkman Director of Parks and Recreation ih ADM00009 i iafels'Ta ' r'9*nfon Parks and Roc►oatloh / Dontont 'f`sKNai I (a 171) 4 # ~r r ~ t p Parks and Recreation Board Meeting ATTACHAfENT F July 17, 1909 Page - 2 1 is 2. Recreation Fund Philosophy: t+ Steve told the Board that the department had been trying to get the Finance Department to go with a percentage of the class fee for an administrative fee instead of the standard $5 ' per class fee. This would decrease the cost of some classes which would have a positive impact, The fee would not exceed $5 per class, f 1[ Carl said the athletic participants were still concerned about the v $5 fee being assessed to each participant. He indicated the persons he had talked to felt they were being taxed twice and that the fields should be free of charge. Steve said tlye fees were used to help cover the cost of maintenance and utilities, Carl asked that information about the utility costs at the fields be provided to the Board, Steve handed out a questionnaire regarding the Recreation Fui,d philosophy and asked the Hoard members to complete the form. A recommendation will be made at the next meeting. IV, NEW BUSINESS 1, Discuss Scholarship Program: At the present time, individuals requesting scholarships have to wait until the program or class almost begins before they ca,s find out if they will be able to participate, The grantintii of F scholarships depends, in most cases, on the number of participants in the class, The department would like to use $1.00 of the $5.00 administrative fee to not aside for scholarship funds. If this was possible, the individual would be able to know upfront if they could participate. Roy suggested providing an opportunity for citizens to donate to the scholarship program, Steve said the department would look into it. V. OTHER BUSINESS Steve showed a drawing of the plans for r,:operty along University Blvd, that the Denton Independent School D.%trfct intended to present to the planning and zoning Commission, The plans in~.Ide acreage to be donated to the City for a park. Bob Gorton proposed that a dedication ceremony for Avondale Park be hold at loam on Saturday, September 9, stove said the department would develop the program for the dedication on that dale. The next meeting of the Board will be at the Martin Luther King, Jr. Recreation Center on August 7 at 500pm, i VI6 ADJOURN On a motion by Catherine Bell, second of Rita Pilkey, the meeting was adjourned, ADM00155 VA. Will ix ATTACHMENT Fa. ~ fff ~ t MAJOR ISSUES REPOT ON TMI pHOpOSED 1989-90 BUDGET E i , 2 SUBMITTED TO CIT7[ COUNCIL June 27, 1989 ; Prepared by Submitted by Lloyd V, Bartell The Department of Finance City Manager "DEDICATED TO QUALITY S~VICE' i hlajor Issues Report to Mayor and City Council June 27, 1984 The statement of philosophy is as follows: The Recreation Fund was established in the 1982-83 fiscal year to give the department a method to fund those programs that are self supporting in natty o F and difficult to estimate in the General Fund budget. This fund also allw-is for the support of new programs and activities and development of facilities that will pay back the fund over a period of years. All classes that operate out of the fund that use City facilities charge a $5 per class administrative fee which goes back to the General Fund to cover overhead expenses associated with running the Parks and Recreation Department, This $5 fee returns a total of $130000 to the General Fund, 1 A. Basic Programs and Facilities: 1) Full funding from the General Fund will be provided for the Recreation Centers, Senior Center and Civic Center. 2) Full funding from the General Fund will cover the cost of community, i' wide special events unless sponsors are found to fund all or a portion of such costs. Examples of these would be the 4th of July Celebration, JazzFest, Halloween, etc. i s 3) Specific programming costs which are approved in the General Fund t budgeting process for youth, seniors, or the disabled include Kid Connection Camp, youth sports officials, therapeutic recreation camp, A Very Special Arts Fair, Special Olympics, and general therapeutic monthly activities. All sport field maintenance is budgeted in the General Fund in Parks Maintenance, 4) It is intended that all other classes and programs be self supporting, but if a non-subsidized program is determined to be too expensive for the public due to its fee structure, it can apply to the General Fund for support during the budgeting process, The degree of support will be determined by City staff and City Council. With the exception of indirect professional staffing and basic facility costs supported by the General Fund, currently there are no Recreation Fund subsidized programs, However, a secretary has been added to the parks and Recreation Administration which will be 50- funded by each fund. 21 i ll Major Issues Report to Mayor and City Council June 27, 1989 i This position will provide clerical support for both General Fund and Recreation Fund functions. All other Parks and Recreation general administrative staff will be funded in the General Fund, B Special Interest Programs and Facilities: h l) Programs, classes and events that are for specific recreational interests will be budgeted and funded from the Recreation Fund. Currently these programs include tennis programs, gymnastics programs, swimming programs, after school programs, summer camps, golf programs, fitness programs, single adult programs, adult sports programs, teen programs and fee based therapeutic classes. i 2) It is intended, unless otherwise approved, that fees and charges for these classes will be established to cover the costs of all instruction, equipment, supplies and service/administrative fees. 3 3) When a staff member who is funded out of the General Fund teaches or leads a class or activity funded out of the Recreation Fund, any staffing and instruction fees charged will go back to the General Fund, An example is the + senior citizen programs and therapeutic programs. 4) Special interest facilities will charge fees for admission or services that will recover a minimum of 50% of operations and maintenance costs. Currently, these facilities include the tennis center and swimming pool. 5) Other special interest areas that will establish fees to cover 100% of ~ the cost ti-rill include the golf driving range, concession stands, and group trios coordinated by travel agencies, C, Administrative Fees , Administrative fees will be collected to help defer a small portion of the administrative services provided by the City and by the department. These fees will be as follows: 22 r 1 1 i Major Issues Report to mayor and City Council June 17, 1989 i) City Adminlatratiye Fee - This fee is a change from the current fee of Per class and will be based on 201. of the class coat. There will be a 5 minimum charge of $2.00 and a maximum fee of 35•UO (estimated re-renue $1U,000), $ 2) Department Advertising Fee - Tti-Is fee will continue at the current rate of $3 per class and go to the Recreation Fund 3) Non-Resident Fee - This fee changes the existing non-resident fee from 53 per class to a charge of 50% of the class costa. This will contain a minimum fee of $7.OU and a maximum fee of $15,00 (estimated revenues 55,000)• The alternatives to developing the Recreation Fund philosophy are as followst 1) Fund all the programs out of the General Fund. 2) Fund all the programs out of the "creation Fund. 3) Determine a philosophy by which the Recreation Fund programs will j become self-supporting.i Recomaeadatiotss Staff recommendation is that. the philosophy be adopted and the fees charged accordingly. 2. POSITIONS - The Recreation Fu+td has added -S position in ;,ts budget This position is the other half of the secretary position that has been provided for in the General Fund. The alternatives are as followst ' 1, Fund the position totally out of the General Fund. This willi necessitate finding an additional 310,175 in the General Fund. 2. Fund the position totally out the in the Genru Fund, I his souls allow for $10,176 to be allocated elsewhere 3, Split the duties and the costs between the Recreation Fund and thet General Fund. Recommendation: Staff's recommendation is that because the position ion be working on General Fund and Recreation Fund activities and this posi Will be in the administrative section of the parks and Recreation Department,? osition be funded one-half out the Recreation Fund and one-half out of thei f the p , General Fund. 23 a t Attachment F.b. 5 6 City of Denton City Council Minutes June 27, 1989 Page 6 (1) Programs - The Parks and Recreation department had drafted a statement of philosophy identifying the program areas that would be funded from the General Fund and those that would be funded from the Recreation Fund. Alternatives to the development of a Recreation Fund philosophy included funding all programs out of the General Fund, funding all the programs out of the Recreation Fund. or determining a philosophy by which the Recreation Fund programs would become self-supporting. Staff recommendation was that the philosophy be adopted and the fees charged accordingly. (2) Positions - Alternatives for finding the funding for an additional .5 position included funding the position totally out of the Fund, or s splitting the position a d lthe out costs funding the Recreation General between the Recreation Fund and the General Fund. Staff's f recommendation was that since the position w+)uld be working on General Fund and Recreation Fund activities and the position would be in the administrative section of the Parks and I out Recreation the Recreation /Fund eandsone-half houtdofethe funded General Fund, Major issues in the Sanitation Fund included: (1) Revenues - As the State leglslature had mandated that all landfills rebate a surcharge to the state, alternatives to raise this surcharge included not imposing any type of rate C increases and finding areas to reduce expenditures or funding ` the rate increase to produce the additional revenues needed, staff recommended that a rate increase be placed in effect on October 1, 1989 in order to offset the state's surcharge. Commercial revenues alternatives Included keeping the system as it currently existed which would necessitate a reduction of s $54,150 of expenditures or additional rate incruases or including the miscellaneous revenues and allow City Counc'.1 to review the SWAC Committee recommendations and take final action on the commercial collection after a review of their recommendations. Staff recommendations were to include the revenues within the proposed budget which would allow time for the City Council to review the SWAG recommendations. { Major issues for utilities included (1) New Positions - The Electric Departmen+, recommended { 2.5 additional positions, the Water/WastewatEt Department recommended 5 positions. (2) ilgAi is Sum,ar - No rate increased was planned in electric rates for 1981-90. l j j M a i `i I • ch!Ttt Y7{ Attachment F.c. x to to the Honorable Mayor and Members of the City Council 1 July 24, 1989 Page 10. f j 13. Provide a comprehensive list of all programs which are funded by either the General Fund or the Recreation Fund. (Please see Attachment C for a detailed listing of programs and respective sources of funding.) . , .t 14. What expenses are covered by the administrative fee charged for Parks 1 and Recreation's fee-based programs? In addition to a base program fee charged to tLe recreation program fee. participant or team, the participant also pays a $5,'JO administrative This administrative fee is intended to offset general fund expenses for program overhead, such as facility rental and operation and staff support. Whila this fee does not cover the total overhead costs associated with i, providing a recreation fund program, it does give some minimum relief to the general fund for actual costs incurred. To provide an example of costs covered by the administrative fee, the - following is offered with re'erence to the men's softball loague program. _ MEN'S SOFTBALL PROGRAM Recreation Fund General_Fund ; PROGRAM FEE: $340/Team $S/Pdrticipant Administrative Fee ($15 for Non-Residents) PROGRAM EXPENSES. Umpire Personnel Bail Field Lighting III I Scorekeeper Personnel Field Maintenance I Portion of Program Trophies f Softballs/Other Supplies Director SaTaro 4 Program Scheduling Time jl 1 1 1 I • lit F€ 15, 3. k. , E y 4 Attachment F,d. City of Denton City C>uncil Minutes August 15, 1.989 ii Page 4 I; The Parks and Recreation budget was presented by Steve Brinkman, Director of Parks and Recreation. He stated that the budget would be a status quo budget, Several new positions s were being requested including a full-time secretary, a half-time recreatior, leader and a two position median maintenance crew. r ( Council held a discussion regarding the time schedules for median mowing, right-of-way mowing, and park mowing, Council Member Alexander asked if the equipment were sufficient for all the necessary mowing. Brinkman replied for the next budget year, yes, However, the i following year some additional equipment might be necessary. Brinkman then presented the Building Operations budget which included changes in insect/rodent control, Senior Center cleaning and the Martin Luther King, Jr. Recreation Center cleaning. i The Recreation Fund budget was also presented by Brinkman. He stated that the basic budget was the same as last year. A philosophical issue of administrative fees was being dealt with i by the Park Board. Some modifications were being looked at, j The council then convened into the Regular Session at 7:00 p.m. j in the Council Chambers. j PRESENT: Mayor Stephens Council Members Aiexander, ; Gorton, Hopkins and McAdams. ABSENT: Mayor Pro Tem Ayert Council Member Boyd. s s 1. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance of the City of Dentonr Texas, providing for the approval of a first amended concept plan for Planned Development District No. 132, as the Dis~rict applies to the 414 acres of land described in ordinance No. 88-1661 approving a detailed plan for 184.2 acres of the District, as 1 more particularly described herein. Z-89-0003 (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. P Aft' ~I r h a1 ATTACHZfENT G /01 C) t'+e1on r~ . .o CITY of DE'NTON, TEXAS CIVIC Center/ 321 E. McKlnney/ Denton, TX 762G CITY ON DENTON PARKS AND RECREATION BOARD MEETING MONDAY, AUGUST 71 1989 5:30 P.m. i MARTIN LUTHER KING, JR. RECREATION CENTER 14EMBERS PRESENT: Carl Anderson, Chairman Dalton Gregory, vice chairman Catherine Bell Rita Pilkey Roy Appleton III STAPP PRESENT: Steve Brinkman, Director of Parka and Recreation Joy Hesch, Senior Secretary I, MEETING CALLED TO ORDER The meeting was called to order by Carl Anderson, Chairman. II. APPROVAL OF MINUTES FROM LAST MEETING On a motion by Rita Pilkey, second of Catherine sell, the minutes of the meeting of July 17, 1989, were approved. III, OLD BUSINESS 14 Recreation Fund ScholarehiPs: ` Y reviewing the P Steve opened the discussion b ions for the scholarship fund as was discussed at the last meeting, The i ,..,E consensus of the Board was to use $1 of the $5 administrative fee ~ to establish a scholarship fund. l r Stave said the City is looking at 5oi::5 With a PerceQto9a of the f claas fee for the administrative fee but would never eiceed $5.00. Also, it is being suggested that the non-resident fee be increased from $3 to 50 percent c,f the class fee with a minimum of $7 per class and a maximum of $15. %~i Denton Parks andReareatfon / Denton, Texas l (8171 666.8270, ' { L.,Y Yi;1L~ni V ' !1}Li,a ut parks and Recreation Board Meeting August 7, 3.989 Page - 2 j After a discussion, Roy moved that even though the Board is not in favor of the administrative fee, the Board wants to recommend that if the administrative fee must be charged, it should be amended to 20 percent of the class fee versus the flat rate of $5.00, and the non-resident fee be increased to 50 percent rather than the current $3.00 or the $10.00 fee charged to the athletic participants. The revenue gained from this fee should be deposited in the Recreation Fund for specific use on Parks and Recreation activities. A $1.00 portion of the 20 percent should go to the scholarship fund. Rita seconded the motion. The motion was passed unanimously. Y ! 2. Adult Sports Leagues: t. Steve said the adult sports participants still object to the administrative fee. Carl stated that the adult softball league ; participants had met and had formed a constitution. He said the league waa able to cut fees, but with the addition of the administrative fee and the requirement for liability insurance, the cost will be the same as when the City had the program. Carl said ~ that, if the City persists in assessing the $5 administrative fee, the league will disband and will play elsewhere. 3. Park Tour: Steve reminded the Board of the Park Tour scheduled for Saturday, August 12. He said the tour may be cancelled due to the lack of attendance as indicated by the responses to invitations, The members would be notified as to the decision. IV. NEW BUSINESS None. V. OTHER Steve said the City was experiencing a problem with funds received for the CIP program and would have to extend the five-year plan to a seven-year program. completion dates of some of the projects have been j delayed. For example, the 12 recreation center will be completed by 1991-92, and the !3 recreation center has been postponed until 1993-94Y The athletic field renovation planned for )690-91 will be accomplished on skihedule. VI. ADJOURN on a motion by Dalton t3regory, second of Catherine Bell, the 'meeting was adjourned. ADM00267 .'1'.!.i'r\n JJ 1i1 1 LLV11 - - ATTACSiMENT H c S9 'rY or oENroN, TEXAS Civic Center/ 321 E. McKinney/ oonlon, TX 116 M E M 0 R A N o U M TO., The Honorable Mayor and Members of the City Council I3 PROM: Steve Brinkmang Director of Parks and Recreation DATE: August Ile 1989 SUBJECT: Administrative Bee ~E I V. David Me Griffith and Associates were hired by she City in 1983 to conduct a cost/revenue study that would identify potential revenue sources for departments to recapture certain overhead costs associated wlrth programs. At i i the time Council was concerned about making sure that services such as recreation services were not being subsidized more than they felt was appropriate. There was also a feeling that all special interest classes and activities should pay their own way and, to the extent practical, be generally self-supporting. This study recommended fee increases in many areas as well ' as the establishment of an administrative fee to be charged by the Parka and Recreation Department for each class or program that used a City facility, This fee was set up to recoup a small portion of the operation and maintenance costs for the City as well as defraying a part of the cost incurred by other City departments (Finance, Personnel, etc.). The consultant came to us with a recommendation of attaching a fee En the range of $15 to each class or program (see attachment A)s That Parks and Recreation staff and Board opposed the ; amount of this fee because it would have priced most of our classes and programs out of the range of affordability for most citizens. A compromise of $5 was suggested by tt.e Park Board (see attachment B) after a survey of area departments (see attachment C) determined that classes and activities In Denton were at or slightly under those charged by moat other communities in the metroplex. I The ordinance modifying all of our fees was approved in December, 1983, by Council, and the $5.00 administrative fee was then adopted as an Internal policy by our Finance Department with the approval of the City Manager. We added this cost to most of our programs such as swimming lessons, tennis lesson, day camps, etc., beginning in the spring of 19841 , When it was instituted, there was a fairly substantial jump in the coat of most classes, but there was no public outcry at the time. The impact is still felt most in 0/Y~al X014/ ~y~~r.~ ~,~liaa~tal ~X'rrirrQ.a _ Denton Parks and Recreation / Donlon, TIX&a / f81 T) 666.8970 T- S Sad. k-S SI ($5 to $10 range), and we are working with the our lowest priced classes basedcoe appercentage ofmthepclass CostyrathersthantarsethfeeEeQ so that It Ls The administrative fee usually recoups only a small amount of the overall operation and maintenance costs. in athletics, for example, we would collect: approximately $15,500 in revenue (see attachment D), and the overall cost of, that program is in the range of ;150,000 (see attachment 8). in our 1988-89 budget process, the Finance Department questioned an" t Lnconsist~.,%cy in teat we were not charging the $5 fee to the various sports groups. We asked for clarification from the Finance Department as to the need, to include the new charges due to the potential controversy involved. we were 1 directed by them to include the additional revenue for this charge in jur 1988-89 budget. After the budget was approved by City Council, the Park Board discussed the! implementation of the new charge at their November, 1988 meeting. On November 28, 1988, we discussed the new fee with some of the association' representatives at a meeting to discuss a new ycuth sports association. They recommended at that meeting that the fee not be implemented because they felt thi!t it would have an adverse effect on both the youth and adult sports, y programs. we had a subsequent meetng bWith twutsark Board members and 9 sauss o bona. Potential City Manager di p d for the v,:rk Boet c to ard to consider (see attachment delay the fee e were develops the r), The Park Board reviewed these cuts at their January, 1969 meeting and decided to table the issue rather than recommend cuts in these areas. The youth sports associations were notified about this fee immediately after the'' Board's decision by phone and by letter (see attachment b). it looks as if the big impact in terms of lost attendance is not on youth athletics but rn the adult athletics area, attachment somewhowshiour fees have softball as compared to other cities, e arat r. We 1 also noticed a drop in the number of softball teams this year due to that fee ; i being assessed which is shown on attachment I. i There is a eandnhanthe dlepthe softball form an association builds in for our staff person. These it thereby avoiding the cost the City ; individuals have made a with thisigroup to discuss thespossibilStyhe Board was !r interested in a meeting We are willing to do whatever is necossary to help alleviate the immediate i concerns. Some of the options may be: this 1) Centime the tee and movia rec mmendationhasuto whptherftocconti.nue and the Pack Board make ~ this fee as a part of next year's budget. . 2) Drop the fee for the athletics groups immediately and reconsider budget outs in other areas. t F::5:Y3nyt .tAv l f 4 I 3) Drop the fee for just adult sports which looks like the biggest V. area of impact and fled cuts to cover that revenue foes or tur: ti that program over to an independent adult sports association. i? 4) Reduce the fee for one or both age groups to $2 or $3 per person and find cuts to accommodate revenue loss. a i i At this time, it is our recommendation to allow an independent adult sports leeque to form for the 1989 Pall season. The Park Board has also reviewed the fee philosophy during its budgetary considerations and is now recommending some changes which would help modify the impact of these fees (see attachment J). These areo r 1) change the $5 administrative fee to 20 percent of the class cost with $5 maximum. 2) Increase the non-resident fee from $3 per class to 50 percent of the class cost not to exceed $154 3) create a scholarship fund with $1.00 being used from administrative fee. I As a partial solution to the youth and adult sports grouper we would like tot recommend (see attachment R) that we drop one of our brochures which would' save approximately $100000 of the $15,500 necessary and use that money to reduce the administrative fee from $5 to $2 for the youth and adult 'sports: groups. We are recommending this due to the great initial %apaot" on these, groups and the tight budgets they work under.. f Steve Brinkman f Attachments A0M00078 r i y r\ T 1 'q E rVaJf:.5 a t►o ATTACHMENT I 4 . r{a ec t tion CITY of 17ENTOM, TEXAS Civic Center/ 321 E. McKinney/ Denton, rX 76 r., r November 14, 1989 { X11 Mr. Bill Holt Denton Youth Football Association 1321 Amherst Denton, Texas 76201 Dear Hill: we would like to inform you of some changes in the administrative fee and non-resident fee which the city charges to recreation program users. The administrative fee has been modified from $5.00 to 20 percent of the clasa/program cost with a minimum fee of $2.00 and a maximum fee of $540 per participant. The non-resident fee has been modified from ;10.00 to 50 percent of the class/program cost with a minimum fee of $7.00 and a maximum fee of $15.00. A non-resident is defined as someone what i a., does not pay property taxes to the City of Denton for their home or 1 business, or { bs does not live within the corporate limits of the City of Denton. 3elow are several examples of how these fee changes will need to be determined bayed on your program Pee. You also do not charle a non-resident fee unless they meet the definition from above. j -Zxample: A 3 C 7 ?rogram ?ee $30.30 $25.00 $20.00 $10.00 E rit7 Administrative Fee 5.00 5.00 4.00 2.00 city Yon-Resident ?es 15.00 12150 10.00 7400 If you should have any questions, please feel free to contact Me, sincerely, i stevi► Brinkman, Director of Parks and Recreation sss ih ADM00352 i } Aa' &nall : olel lilL?Gs/n~n~z j Denton Parke and Recreation / Denton, Vexes 1 (817) 686.49270 ~1 IF 1 I 3 s T CHART REPRESENTINO ALL SELF-MANAGED YOUTH ATHLETIC LEAGUES l FEES ARE DUE r TN ND OF F_A.C SE 0 E Fiscal Year 1988-90 ; Fiscal Year 1989-90 ; Fiscal Year 1990-91 I FY 1991-92 A S 0 N DIJ F M A M J J A SI O N DIJ F M A M J J A SI O N DIJ F M A M J J A S{ O N DIJ F M 0 0 0 0 LL i LL LL 1 2 4 5 3 paid i paid ; owe est, $2000 ; I ' DBB i DBB I DBB 1 not paid I ~paid~ i owe est. $2500 = , I GSA i OSA 1 GSA I w not paid ; paid paid Fall Spring Fall Spring Fall Spring Fall Spring Soccer Soccer Soccer Soccer Soccer Soccer Soccer Soccer N/A not paid paid paid paid owe est.$700 not due not due k Football Football Football Football I____, 1----f 1 f j I ~NIA paid owe $1300 not due KY 0 POLICY MILESTONES N/A = Not applicable LL = Little League 0 1 October 1988 - Budget auopted with fee projected by DBB = Denton Boys Baseball Finance Department. i GSA = Oirls•Softball Assoc. 0 2 November 1988 - Park Board recommends new Adm. Fee not be implemented I----; Season - fee not paid 0 3 November 1988 - New fees discussed with Athletic not paid Associations 0 4 January 1989 - Park Board reviews budget cuts if fee = Season fee paid dropped. issue tabled, Ipaid 0 5 February 1989 - Athletic Associations notified to begin collecting' fees. YiISSP l4{u.KYAn'Nr,.u.•.a...,. i i r. September 8, 1991 k' ADMINISTRATIVE FEES FFq u Fees Due Fees Received Fees due Fees Received Fees due Fees Received Fees due Fees Received League FY 88-89 FY 88-89 FY 69-90 FY 89-90 FY 89-90 FY 90-91 FY 90-91 FY 90-91 FY 91-92 FY 1-92 (Fall) (Fall) (Fall) Soccer * $3,235* $30235 $3,360 $30360 $3,300** (Spring) (Spring) (Spring) 775* 775 700** 700** Little League $1,560 $10560 $2,536 $20536 $2$00** $2,,nn** € Boy's Basebal * $10845* $1,845 $2,325** $2,325** 240* 240 240* 240 i f Girls' Softball * $ 950* $ 950 $ 875* $ 875 $ 875** Youth Football * $1,390* $1,390 $12300** $11300** j TOTALS $1 560 $1 560 $.11,211 $70936, $39275 $11 060 $4 235 $11100o * No rosters received **Estimated Fees ! i i ' t f y.. , rJ+;waly t I_ C~ i CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 F. MCKINNEY / DENTON, TEXAS 76201 M E M O R A N D U M TOt Dalton Gregory, Chairman, and Members of the Parke and Recreation Advisory Board FROM: Bob Tickner, Superintendent of Parke DATE: September 13, 1991 SUBJECT: Consideration of Previous Park Board Action on Administrative Fees The Park Board last considered the issue of administrative fees on August 7, 1989, At this time, a new procedure was being considered to change the fee from a flat rate of $5.00 per participant to a percentage of the program fee. Board Member Roy Appleton III moved, "That even though the Board is not in favor of the administrative fee, the Board wants to recommend that if the administrative fee must be charged, it should be amended to 20% of the class fee versus the flat rate of $5.00, and the non-resident fee be increased to 50% rather than the current $3.00 or, the $10.00 fee charged to athletic participants." Rita Pilkey seconded the motion, and it passed unanimously. E This administrative fee provides some funds to offset costs incurred through the General Fund which is basically tax revenues. The department's funding philosophy is three tiered, 1) General Fund - Programs in this category are totally subsidized. 2) Recreation Fund - Programs in this category were approved on the basis that they are 100% self-supporting. I 3) Special Interest Facilities - This category includes programs that have a goal of generating at least 50% of operating costs through fees and charges.; The $5.00 administrative fee only provides a small amount to the General Fund category of our programs, It currently is generating approximately $30,000. is approximately 1.2% of the General Fund budget of the Parks and This t Recreation Department. Vita $30,000 represents approximately 0.00157 of he city tax rate or $1,57 for a homeowner with a $100,000 home. In reference to athletic programs, the City spends approximately $200,000 on athletic fields for the 54 acres or 29 athletic fields (see Attachment A). } Thtr, i,tcl,.tdes all coats of maintenance, ktilitieS, supplies, materials, and 817/546-8200 D/FW METRO 4342524 s: r Page - 2 .41 the number of athletic ParCicipante in all the supervision. Depending 1Pon leagues, the subsidy rate can range between $50,00 and $80,00 per participant. Also included is a summary of raJmectedrfees e(sefees e Attachment g)•in projected AV& 1989-90, estimates for 1990-91, and 1991-92 Council The following two issues for recommendation to may be considered. I s;r have listed them as well as a chart showing the impacts Options t'. to recommend one of the following 1) The. Board may wish ? ) ranting forgiveness to the youth Football Assoc -managed tl Councils g or all self-managed p g other youth self.-managed programs, (includes men's Softball). waiving or Should the chart below illustrates the financial rog The Pams. of a he f P Lions, the Board rebating administrative fees Co self-managed Board decide to recommend one of the following op must provide a budgetary cut to offset the option amount. WAIVE/RBBATE OPTIONS 1990-91 SELF-MANAGED PROGRAMS Unpaid Paid Cumulative.. Total E EatimaC~` Pegs } } _Olt ions 1,300 } 1) Waive Youth Football fees 10300 other self-managed ~ 2) Waive/rebate youth programs 700 3,360 i 1 x Soccer 20300 } } Boy's Baseball 20500 Little League I _ 875 Girls' Softball J 9,735 5,500 i 4,235 1 i y 11,035 ` ~ Sub Total - Options 1 & 2 I ~ } 1 3) Naive/rebate all self-managed programs j J 10425 i 12,460. 1 Men's Softball { i t On the larger issue of Yemovay bet onsideredsfortrecommendation' the 1991-92 budget, the following options may ? ophy with the administrative 1) Continue under the current philos £ee. ; and fior youth 2) PieconCinue the Administrative s only, reducing revenue by $12,00a ,000627 or an equivalent amount of budget cuts. (See Attachment C) t ~-1 i 4 Page - 3 s 3) Discontinue the administrative fee for all self-managed associations, reducing revenue by $14,800 and increasing the tax rate by .000773 or an equivalent amount of budget cuts. (See ti Attachment C) I 4) Discontinue the administrative fee for all department sponsored activities, reducing the revenue by $30,000 and increasing the tax + rate by .001568 or an equivalent amount of budget cuts. (See Attachment C) 1991-92 ADMINISTRATIVE FEE OPTIONS IMPACT TO BUDGET/TAX RATE 1 (Using Preliminary Tax Rate of .6851) T- Cumulative Totals (Proposed I Effect on II Proposed Effect on] Options ]Revenue I Tax Rate II Revenue I Tax Rate I 1 I li I I 12) Discontinue administrative 1120000 I .000627 II 120000 I .000627 I I to all youth self-managed I ] II I I I programs: I I II I I (Football, Soccer, Boy's I I II Baseball, Little League, I II I Givla' Softball, youth ; II I I I basketball*) 3) Discontinue administrative I 20800 .000146 ]I 140800 I .000773 I 1 adult self-managed programs I I II I (Men's Softball) I I II 14) Discontinue administrative 1150200 I .000794 II 30,000 I .001568 I i I fees to all department ' I II ] I I sponsored activities (i.e, I Sunshine Day Camp, aerobies,l I II I I I gymnastics, pre-school/ I II I I playschool) r; II I_ _ I ~I ] The staff's recommendation is to continue with Option 111 - no changes to current operations. It may be necessary to begin working with the self-managed athletic associations to better refine a way to collect these tees from them F.o as not to negatively impact their programs. Please feel free to contact me at 566-8270 if you have any questione,4 j obert K. Ticknee PARKS275 5. Les aTtie.-~ l T9'r' Fi,S.I'gisc'e , ATTACHMENT A ii September 10, 1991 j GENERAL FUND SUBSIDY FOR FY 1991-92 s e Approximate annual athletic field operation and maintenance coats: 1. Fertilizer 6,000 1,000 2. Marble Dust i Bases 2,000 500 ' 40 Goals, Soccer/Football C 5. Wafer, irrigation 15,000 27,000 6, Electric 7. Herbicide 10,000 t 8. Irrigation parts 1,000 9. Infield clay 2,000 f 10. Fence repair 10000 4,000 j ll. Sod, hydromulch 4,000 ].'2. Light repair, bulbs, scoreboards 1,000 13. Trash bags, barrels ? 1,000 14. Bleacher repairs 10,000 15. Mowing 1,000 16. Turface 17. Field preparation labor, 3 full-time, 3 aeasonala 94,000 18, Vehicles, tractors, accessories, fuel /0250 13,750 19. Supervision, 1/3 of full-time _ TOTAL $198,500 i` •~'d4 ,hl+;liCn~y r ATTACHMENT B t September 12, 1991 x i GENERAL FUND ADMINISTRATIVE FEES COLLECTION 1989-90 1990-91 1991-92 Cost Center Title Actual Estimate Projected 8003 Children's Programs 10424 1,300 10800 8005 Denia Center 858 800 10200 R006 Senior center 181 180 200 8007 Aquatics 20095 21200 21200 8008 Athletics 11764* 2,500* 21600* R009 MLK Center 1,099** 1,100** 10300** ROIO North Lakes Center 3,166 39200 3,5OO 8011 Tennis 2,017 21000 2,400 8012 Golf 345 300 500 8013 Therapeutic Recreation 348 300 500 Sub Total $13,297 $13,880 $169200 I Co-Sponsored Sports Groups Denton Youth Soccer Association $ 4,010 $ 41060 $ 41000 Denton Area Little League 2$36 2,500 20525 Denton Boy's Baseball, Inc. 2,325 2,325 2,325 i Denton Girls' Softball 950 875 850 Denton Youth Football Association 10390 1,300 1,300 Men's Adult Softball 1,275 21800 2,800 Ij Sub Total $129486 413,860 $13,800 I j j GRAND TOTAL $25,783 $27,740 $300000 i * Adult Co-Ed, Church, and Women's Softball Leagues * Vro * Youth Basketball gram REOR1568 1 T. -r 77 k'e4;Y-.use t 1 E pR.(Cd!%(mrygxl ATTACHMENT C a Septemuer 1^, 1991 PROPOSED FY 91•-92 BUDGET REDUCTIONS IF ADMINISTRATIVE FEE IS ELIMINATED t Budget Reductions 1) Therapeutic Recreatiom Camp $ 41000 2) North Lakes Fitness; Membership Newsletter 400 3) Kid Connection at Fred Moore Park 4,900 4) Reduction in Center Hours of Operation 51700 (Building Attendants, 5 nouns ea^_h week at Denia, MLK, Senior Center, and North Lakes) 5) Bases, pitching rubbers 400 6) Infield clay 1,000 7) Pickup Truck, 3/4 ton. 2,817 8) North Lakes Tennis Court Resurface 10,000 i 9) Athletic Field Turface Drying Agent 783 l~ TOTAL $30,000 t t t r P I S' CITY OF DENTON CITY COUNCIL MYNUTES~ P August 6, 1991 The Council convened into the Work Session at 4:00 p.m. in the Civil Defense Room. k PRESENT: Mayor Castleberry; Mayor Pro Tom Hopkins; Council Members Alexander, Perry, Smith and Trent. ABSENT: Council Member Chew 1. The Council received budget presentations, Lloyd Harrell, City Manager, presented the Council with handouts which were responses to Council questions. Due to new g numbers received from the Denton Appraisal District, he needed to update the Council on the budget process. The certified roll from the Appraisal District was down $92 million from the preliminary certified roll. That resulted in $670,000 of revenue that had been lost based on the preliminary roll, As the Finance Department put the budget together, it was an0cipated that there would be a drop between the preliminary roll and the final certified roll. In the submitted budget, there was already an estimate of $360,000 lost due to the differences between the rolls. The problem was that the budget submitted to Council, funded with the proposed tax levy, was $310,000 short of where it needed to be. During the budget t process, that amount of money needed to be found in either new revenue or by cutting expenditures by that amount. All of the pay plan adjustments were factored to go into effect on January 1, 1992. If that were moved to October 1, 1991, it would take an additional $170,000. Council Member Chew joined the meeting. I. options for dealing with the shortfall included; (1) roll supplement - $140,000 which was additional money received from property under protest as supplemental fundings, (2) health insurance adjustment - preliminary bids appeared that the City would save approximately $84,0(0 in insurance rates for the next year, (3) additional $.01 property tax which would raise $187,000, (4) a sales tax increase - keeping the rate current would be an increase of $80,000 as there was a larger base to begin calculations, an additional 1% of growth rate would raise $52,000 (3; total growth rate) and an additional 2% of growth rate would raise $104,000 (4% total growth rate), (5) Flow Hospital Reserve - $22,000, (6) reduce contingency fund $25,000 which would drop the fund to 50% as opposed to 75% in the proposed budget. I Council Member Alexander asked for, a comparison of where the s city was at the present relative to the sales tax. John McOrane, Executive Director for Finance, stated that the City was $80,000 over projections. jj 3 r Y.,,i { , F, of i~ City of Denton City Council Minutes August 6, 1991 Page 2 Tax rates to be considered included the current rate at $.6551, the proposed rate which the budget was based on was $.6851 or $,6951, the effective tax rate was $.7038 and the rollback rate was $.7214, Catherine Tuck, Administrative Assistant, presented the General Government Budget. She stated that the budget included the City Manager's Office, the City Secretary's Office and the Mayor and Council. The budget dial not add any additional personnel. There were some changes in line items. There had been a steady increase in supplies cost due to increased copying coats. This year the Manager's office added a legislative program which supplied bill information to P directors and departments. This produced a tremendous amount of copying and greatly increased costs in that area. Also there were nine CaunoII candidates this year which also increased copying costs. Election expenses next year would increase a small amount due to new County costs for the rental of equipment and the hiring of a temporary worker during the election. There were two new packages proposed in the budget. one was $5,000 for a citizen survey which had not been done since 1986 and the other was $5,900 for a new computer and printer. One of the major division goals was to increase the amount of information that the citizens receive from local government by increasing information in the Parks brochures, Those brochures would include additional gages in front of the brochures with general information for the public. t: Jesus Nava, Assistant to the City Manager, presented the Code Enforcement budget. He stated that this was a status quo budget, The proposed budget included $23,000 for weed control expenses which previously was listed as a "bad debt" item and was the of money s to hre contacts to mow weed violations,ou A s pplementale packageiof $450rwaso being proposed ' for uniforms. i madeuafrom which recycled was funded r venue Beautification Nava from also recyclpresented j dropped off at the Centers. It did not include any General Fund dollars, in the past, that money was used for beautification purposes. This year, a budget had been developed for it in order to plan ahead for future projects. It was projected that there would be $22,000 worth of revenue for the next year with the majority of that to be spent on landscaping projects and city-wide clean-ups. Council Member Trent asked if Code Enforcement had always been a part of General Government, City Manager Harrell replied titat the Department had been changed to General Government approximately a year ago and was placed thore on an interim basis to help with publicity for the Department in terms of enforcement and beautification, . I 1 I City of Denton City Council Minutes 1 August 6, 1991 Page 3 John McGrane, Executive Director for Finance, presented the Finance Administration budget. Ile stated that the budget was li essentially the same as last year. There was one package ' proposed which was $3,800 for Capital improver.,ent and Operating Budget document publication. There were no new personnel in the Department. Mayor Castleberry asked about the internal auditor position. Mci3rane replied that the posi'cJon would be funded with current do~l.Ars in the budget by rearranging duties in the Department. t' Council Member Alexander asked about the formula used to charge the various departments for electricity, etc.. McGrane replied that it was b;,iced on a study done by David M. Griffith and Associates who conducted nationwide studies. They looked at each department with various criteria for spending time on utility related services. Council Member Trent asked if the internal auditor would report directly to council. 'McGrane replied that initially it was proposed that the tz position would report to the Finance Director, Typically, internal auditors report to the City Manager, the Finance Director or the Council. There was no set standard on where to report. There were enough projects to do major eos~; savings in the beginning so that there would not be a probaem of that individual reporting to the Finance Director, Restructuring could be done in the future. The Municipal Judlie budget was presented by Sandra White. She stated that there were no changes in the budget from last year. She informed the Council that new legislation would affect some of the Court procedures such as Defensive Driving. An individual could take Defensive Driving every year instead of every two years to settle a traffic ticket, This would pr,ibably cause a decline i,1 rovenues from traffic tickets as the City could only charge a certain amount for Defensive Driving. There was other legislation passed but that could be discussed in another work session. Frank Robbins presented the Planning and Development budget. That Department included Administration, Main Street and Building Inspection. In the Administrative areas, the proposed budget included $9,880 for grant related projects and $3,272 for conferences. There were no major changes to the current level of services in the Building inspection budget and in the Main street budget. The Main :street budget had a package for $200 for travel. I I i I city of Denton City Council Minutes August 6. 1991 Page 4 Mike Jez. Chief of Police, presented the Police budget. Fn personal services there was proposed an increase of $159,000 which was attributed to normal step increases and relative adjustments with those. Supplies was increased by $3,658 which would allow them to continue to purchase the code of Criminal Procedures and Penal Codes for each police officer. Maintenance had a reduction with an increase in the services category. This increase was due to $12,000 for narcotic "buy" money purchases and investigation, $5.790 which would allow Capt. Matheson to attend the Southern Police Institute, and $4.700 for travel and training. Sundry indicated an increase s! of $15,457 due to the increase in the City's portion of the grants for the child abuse officer and the D.A.R.E, officers. This increase would also allow the D.A.R.E. program to be expanded from the elementary schools to the elementary and secondary schools. There were no new personnel proposed for ' the Police budget. Council and the Chief had a discussion regarding the articularmlY I vehicle policy and how it related to liability, p e how the City might be liable if an officer and/or his family had an whether to continue Discussion a cfleet progl:am. i Mayer. Castleberry aaked the City Manager to prepare a report regarding the take home vehicle policy. Council Membto.date, it Chief felt the with mcurrent • able to keep p up-to-date, Jez replied that if he were asking whether, or not he felt the Department was currently up-to-date, his answer would be no. However, that was understandable considering thanger oand situation. He was working with the Deputy City He felt the City Manager to plan updating of equipment computer system was grossly inadequate. Most of the equipment needed was very expensive. A plan was being worked on which would combine a computer system with the Fire Department in order to save money. The Fire Department's budget was presented by Chief John Cook. He stated that the line items in the budget were pretty straight forward except for the number options of ersonnel• chThat number would be affected by the op ise, There were two major budget issues to be dealt with. One was the funding for the upgrade of emergency ommedic aneambument. Last year an ambulance was not replaced. was replaced each year. The money to replace the ambulance was not in the line items, It would take Council's approval of Major Budget Issue 03 in order to replace the ambulance. The second iostue dealt with the options for opening Station Six, options for 1 Cook presented a fourth option regarding staffing proposed t e Station six. City of Denton City Council Minutes August 6, 1991 Page 5 A deta'.l1ed presentation of that option was located in the agenda back-up. Some of the points included (1) Station Six would be built as planned, (2) when Station Six was completed, Station one would be closed, (3) existing personnel would be distributed among SLaLiQ116 Two, Three, Four, Five and Six, (4) nine new fire fighters would be employed and distributed three to each shift, (5) a Quiat -3uld be purchased which allowed a d snorkel to be placed in reserve and redistributed three personnel staffing of6)f four Veperfire sonnel peach would operate personnel minimam per would be assigned to an ambulance to handle out-of-town EMS calls and in-town calls as needed with the remaining two new `r personnel divided to drive an ambulance, a booster or other unit as needed, (B) EMS calls would be handled by a rosponse of a four-member, paramedic engine/ambulance company on each ` s medical call, (9) fire calls would receive the three engine companies and a one-man ambulance or if a working fire was in progress, an additional unit, would be dispatched using the " other 115th man" as needed and/or available. Advantages of Option Four included (1) annual costs were approximately the same ac Option III - $400,000, (2) the overlap of Stations One and Three was eliminated and overall response was improved by opening Sta,.ion six, (3) new apparatus allowed four-man companies whic'i were safer and more efficient, (4) provided for remodeling and repair of existing stations by delaying hiring by a few months, (5) riot building a combination station allowed debt service to be used for Opticom equipment, a 9th fire fighter, and debt service for new administration offices, (6) improved EMS services due to a paramedic engine responding on r evert call, (7) greater flexibility in use of personnel and I equipment, 9) $200,000 allocated for relocation of administration at a later date without the need to incur any debt, Disadvantages included (1) implication which resulted from classing Station One, (2) separation of administrative offi,ces from a fire station, (3) a minimum number of additional personnel during peak hours, (4) possible future "Key Rate" penalties due to non-traditional approach, City Manger Harrell stated that as Option Four was developed, there were two items which the staff was concerned about. One was to try and hold the yearly operating costs to the $400,00 level. The second was to provide EMS service out of all of the ' fire stations. The fire fighters had two major concerns dealing with the moving away from the 24 hour shifts and the second, a concern of two man engine companies. Option Four I seemed to work on all of those concerns. 'I 1 k i Ito, ' . yfR'sry. t ~yy i3 4 City of Denton City Council Minutes August 6, 1991 Page 6 rl Linda Ratliff, Economic Development Coordinator, presented the Municipal Services/Economic Development budget, She stated 4 that there were no major changes to current service levels proposed for the 1991-92 budget. In the economic development area, a site inventory and business retention program had been initiated along with a quarterly Mayor's breakfast, There were no changes in staffing levels. Joella Orr, Library Director, presented the Library budget. She stated that the budget was much the same as last year. A literacy program was being funded for next year. This year the program was funded without dollars with volunteers and tutors. The maintenance fund was increased because the money for binding books was carried over from this year, She had checked with the County to try and determine the level of funding which would be received from them. To date, that amount had not been determined. t Council Member Trent asked what was included in the personal services line item of the Library budget. Orr replied that it included salaries, insurance, FICA, TMRS, etc. for the library employees. Everything that it cost to t. have a position filled. Council Member Trent stated that that amount waa for 29 1/2 people. Orr replied yes. Council Member Trent asked how many of those people were full-time employees. Orr replied all but three employees were full-time. Council Member Perry asked iL the Library were keeping up with technological advances. Orr replied no. There were some technological advances in the Library but not enough to keep ahead of the advances, She hoped to visit area libraries which had automation during the next year. Council Member Trent made the observation that the librarians were very well paid employees as the average salary was in excess of $32,000. i Orr replied that the salaries at the library were competitive with area libraries. The page position at the library was the lowest paid position in the entire city, She had additional materials that she could forward to Council Member Trent regarding area salaries, { S h;}ylllj($ City of Denton City Council Minutes August 6, 1991 t Page 7 Council Member Trent stated that he had made that observation because in Denton there were many individuals who were not making $32,000 a year, k s City Manger Harrell stated that to be fair in us.ng that number, it should be remembered the percentage of r,he salary + 4i which went for benefits which was approximately 308, When "salary" was used most individuals thought of take-home pay and 4 not of salary and benefits. Orr listed several of the library salaries without benefits which were $24,211, $19,673, $17,388. Those salaries were not out of line. Environmental Health Services/Animal Control was presented by Nonie Kull, Environmental Health Services Manager. Her budget was essentially the same as last year with the exception of a new kennel truck for $1,453. The current truck was 11 years old with 250,u00 miles on it. Steve Brinkman, Director of Parks and Recreation, presented the budget for Parks and Recreation. He stated that the budget was a continuation of the same budget from last year, There were no staff increases proposed. The budget was based on a $.25 increase in pool admission charge. Several packages were proposed for next year: (1) a rate increase in building operations, (2) replacement of two rigs, (3) tennis court resurfacing, (4) restore funding for brochures for recreation, (5) building operations needs, and (6) repairs for the Moore Building, One of the major budget issues included money for building operation needs for repair of City facilities. council Member Trent asked Brinkman why the children'e programs such as the After School Action Sites were supported 1083, golf was supported 923 while athletics was 423 and the tennis center was 493. Why was there such a disparity among the progrartts, Why did the children's program and the golf program carry its own weight while other programs fell so far short, ' Brinkman replied that thero were some programs such as the children's programs where it had always been a situation where the program had to be entirely self-supporting. Those programs included the children's camps and the after school programs, Council Member Trent asked why then did those programs have to subsidize the tennis center. Brinkman stated that the children's programs did not subsidize the tennis program. i i I f i 1. C1 I , m,e City of Denton city council Minates August 6, 1991 Page e Council member Trent maintained that if there were two golf pros who worked 8:00 a.m. - 5:00 p.m. and it cost the City $80,000 to keep those people there and then did not charge on the weekend, as it was not available, all that was being done was pouring out wasted money. The tennis center should be open on the weekends and revenues needed to be collected so that the tennis center was self-sufficient. Trent stated that the Plano tennis program contributed $30,000 to the City last year after it paid for all, the pros, maintenance, etc. He did not see why the City of Denton could not do the same. 1 Brinkman replied that Plano was a different situation. it was a more affluent community and the facilities were much better. It was hoped that Denton would reach that point in the future. t Council Member Trent recommended that the recreation programs needed to be on a self-supporting basil which would create a large difference in deficit in the current programs. Brinkman replied that there was a consideration on how much the citizens would be able to bear the cost. For example, to make the pool self-supporting would require a substantial fee increase which would place it out of the market due to the other pools in the City. Mayor Pro Tom Hopkins stated that it was her understanding that I f when some of the fees were just raised, that it would not be a break even situation. She did not feel it should be done in ` some areas such as the pool as it would bo out of the reach of what parents could afford. Council Member Alexander stated that a question to be answered i would be what would be the purpose of having the programs operated by the City if those programs could be done through private enterprise. Part of what was trying to be done was to make available facilities for recreation for the broad range of E the community. If the user fees were too high, it would work against that objective. City Manager Harrell stated that the programs which were subsidized the most were the Senior Center and the zeareation centers because past policy was that the primary cost of the recreation centers and the senior Center were not paid by the users but were paid by the general taxpayers. If the Council charges shifted the adburden mission could might policy, include the the wanted users c which that recreation centers, etc. to try and recover those costs. i l it t City of Denton City Council Minutes August 6, 1991 Page 9 Council Member Ch,aw felt that if user fees were instituted, people that the City was trying to reach would be excluded from the programs, A basic question was what did the City have to offer people for their tax dollars. Mayor Castleberry asked for an update on the fee structure in the recreation programs for further comparisons. Tom Klinck, Personnel Director, presented the budget for the Personnel Department, He reviewed the programs/projects that 3 the Personnel Department provided the City and its employees. The proposed budget was 1.52 under the 1990-91 budget, one g additional package requested was continued funding for the QUEST prociram, Also in the proposed budget was an additional $1,400 for civil service exams, $4,000 for tuition reimbursements and $5,000 reduction for the elimination of sensitivity training, Through a reorganization, the QUEST i position had been incorporated into the Personnel Department, Next year, the position was placed as a package. One position in the Department had been split into two lesser paid positions in order to handle the new salary program, This was an increase in one posl.tion which was not an addition in the terms of dollars. it Klinck continued with the wage/salary recommendations. In the non-civil service area, it was recommended that a new pay plan structure be implemented. The structure would consist of 13 grades and the competitive rate of the grades would be tied to the composite market rate as determined by Mercer. The next fiscal year would be a transition year for the program. The E implementation for non-civil service employees would bring those employees whose current pay was below the minimum for the { new assigned pay grade to the minimum or a 3% group performance for all other employees. This would be for either a January 1, 1992 or October 1, 1991 implementation. For the 1992.93 budget year, a pay for performance cost would be proposed. There would not be an increase in long term compensation costs but { rather a reallocation of those dollars which would provide { better incentives for employees, In the Civil Servico area, a new structure would be implemented for both police and fire and a 32 market adjustment to that plan. Pay for performance could not be done for civil Service employees. A January 1, 1992 general fund cost estimate was $68,000 to bring those employees whose current pay was below the minimum of the new salary grade assignment. The group performance cost estimate was $199,375, Mayor Castleberry stated that approximately 12% of the employees were below the minimum, Were most of those employees in the lower grade of 1 or 2. i G ; r u4.'zisx; I City of. Denton City Council Minutes August 6, 1991 Page 10 Klinck replied no that they were spread throughout the grades. Civil Service January 1, 1992 cost would be approximately $75,000 and the 3% market adjustment would be $164,000. Total I cost for a January 1, 1992 implementation was $507,572 and for October 1, 1991 implementation was $676,000, The October 1 I implementation was favored by the Personnel Department as it { would provide a smoother transition for the new program and ty would provide consistent treatment for all employees. City Manager Harrell pointed out that All of the merit dollars had been taken out of the proposed budget. y Joe Thompson, Airport Manager, presented the Airport budget, He stated that the proposed budget included $1,500 for a Unicom ' radio and the rest of the budget was a hold the line budget from last year. The Engineering, Transportation and Streets budget was held for the next meeting, The Council convened into the Regular session at 7:00 plm, in s III the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem. Hopkins; Council if Members Alexander, Chew, Perry, Smith and (Trent, ABSENT: None t , 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 21 The Council received a presentation of the Governor's Community Achievement Award 2nd Place, Jeans Morrison, Chair-Beautification commission, presented the award to the Mayor and Council. Mayor Castleberry presented a proclamation for United Way Month. 3. Citizen Reports A. The Council was to have received a citizen report from Carl Young regarding problems with Fred Moore Park and problems within the neighborhood. Mr. Young requested that his item not be considered at this time. i i EI lJil.`Ik.. 1 City of Denton City Council Minutes August 6, 1991 Page 11 B. The council received a citizen report from Arthur Almore regarding symbols and monuments in the City of Denton. S Mr. Almore stated that society placed importance on the symbols it chose to represent its values, ideologies and attitudes. He t asked the citizens of Denton and the Council to take some time and reflect on some of the symbols and monuments than Denton had chosen to reflect its values, ideologies and attitudes. Do those symbols and monuments still reflect the City's values, ideologies, and attitudes. The citizens in the Soviet union had torn down symbols and monuments which no longer reflected 4 their values and ideologies, Some symbols *.nd monuments in Denton reflected white supremacy, racism and i,ogregation. If the council felt that was true, he askeli the Council to I consider removing them, Council Member Chew asked Mr. Almore to specifically point out I, t ouch monuments. Almore replied that some symbols reflected hate crimes or a lost cause such as a burning cross, hooded figures and Confederate symbols. He felt that the statue of the Confederate soldier on the Square was such a symbol. Council Member Trent asked Almore if the statue of a 1 Confederate soldier on the Courthouse Square represented racism to Almore, Almore replied yes. Council Member Trent felt that it represented a conflict that the nation went through back in the 1860's and in no way, in his mind, represented racism or white supremacy. Almore replied that the proponents of the Confederate theory upheld the value of white supremacy. He felt that it was symbolic of the location of the monument, if it were a monument to war dead, it should be placed in a cemetery. Why was It on the Courthouse lawn, a place known for segregation. He felt that the location of the monument was symbolic and that the monument did not represent a tribute to fallen soldiers rather represented a tribute to the ideals of the Confederacy and the hope that one day those ideals would once again manifest themselves in society. C. The Council received citizen report from Bill Dennison regarding signs, i 1\ 11 11.11 City of Denton city council Minutes 1i{qust 6, 1,991 qe 12 spoke on the sign j Mr. Dennison, owner Of carpets ts to plthe location where the ordinance. He recently previous Abby Floors had been located. He wanted to change out thatwhe was Cnotgabletto dorthatrbasedton the letters on the sign then nderstod current sign ordinanca. A recent sign of similar size was dust ereoted at the now Arby's. s , clarifitin. asked or ange fthe aletteringcaono the Big s aonnd wa do a council Member to ch ue g 1 re onl 9 ' Y slap to the sign. nothingf that he did not want to alter the sign in . Dennison replied Yes any other way, Council member Alexander asked for a clarification regarding the Arby`s sign. Dennison relied that the Arby`s sign was above six feet in on the same street as he was. height and was o {s could and he icould note knew why Arby's council Member of. ea tsign asked have that size Dennison replied that the of sites that the Arby's stated sign was in the original for Planning, stated that the Frank Robbins, Executive Director on Loop 298 which allowed sign was viewed as having frontage i for a larger sign. t Mayor Pro Tom 11opkins pointed out that the entrance to Arby's was on Colorado and not on Loop 288. Council Member Trent stated change Den hen letters and could built not 1985 and he just wanted to c Out understand why he was not permitted to do that. Robbins replied that the standards in the new ordinance were different than the standards of 1985. at Council Member Trent felt that a wrong message was being se to potential businesses. i Harrell suggested that if the Councl dCOmmission~ ' city Manager issue could be reexamined by th.e planning and zoning that Member smith stated on such situations was it shad would there be a me Commission. been discussed at the e Planning and zoning t i. City of Denton City Council Minutes August 6, 1991 Page 13 City Manger Harrell replied that there had been two comprehensive rewrites of the sign ordinance trying to gain community objectives. He knew that on this particular issue, the last time the sign ordinance was amended, the Sign Committee talked about the face change issue and certain s' trade-offs. He knew that the internal debate centered on a trade-off for allowing higher and bigger signs in return for making it necessary for high signs to conform when the business r changed hands. Consensus of the Council was to send the issue back to the Planning and Zoning Commission. " Council Member Perry stated that the issue was not being sent back to the Planning and Zoning Commission to make an exception for a single instance. Council Member Alexander stated that he had no problem asking the Planning and Zoning Commission to look at the ordinance but stressed that there were a number of people who liked the concept of the sign ordinance and wanted to keep the ordinance in place. D. The Council received a citizen report from Carl M. Williams regarding state Representative redistricting. Irene Price, speaking for Carl Williams, stated that the current redistricting plan impaired the basic civil rights of minorities. The current plan divided Denton into three differen; districts and divided minorities into three different districts. The net effect was to split any minority representation currently in Denton. The plan was unconstitutional and violated the Voting Rights Act. The NAACP urged the Council to join with then in a legal challenge against the new districting plan, E. The Council received a citizen report from Richard M. Salazar regarding State Representative redistricting. Mr. Salazar stated that he was representing the League of Latin j American Citizens-Denton County Chapter. He expressed a J concern for fair representation for all citizens of Denton and not just the Hispanics. The present plan for redistricting the f State House of Representatives for 1993 was not equitable and 1 did not clearly represent the residents of Denton. He joined 1 with the spokesperson fcom the NAACP in protesting the inequitable redistricting plan. He was concerned that large numbers, of Hispanics lived in areas divided by the new districts. The effect of the redistricting diluted and diminished the voting strength of Hispanics in Denton by placing them in three separate representational districts. In their viewpoint, it was unconstitutional and discriminated against minorities, The Denton County LULAC urged the Council to join suit to challenge the "aw in support of the rights of all of its citizens who were denied fair representation to the State by the plan. E City of Denton City Council Minutes August 6, 1991 Page 14 F. The Council received a citizen report from Derrell Bulls regarding State Representative redistricting. i. Dr. Bulls stated that he wanted to discuss with Council one aspect of economic development as it related to redistricting, Denton needed to mobilizs its forces to influence the Legislature in regards to funding. He felt that the University £ of !North Texas and Texas Woman's University were two of the most significant economic bases in Denton and Denton flourished because of the two universities. Without the Denton State School, University of North Texas and Texas Woman's University, the labor force in Denton would be reduced by approximately one-half. University-related business generated by these three state institutions included faculty and, staff salaries, expenditures by both residential and commuting students, money spent by the steady stream of visitors to Denton on university-related business, goods and services purchased locally by the institutions and monies on temporary deposit and in checking accounts from university faculty and students. The terms of HB150 split the City into three different districts. The NAACP and LULAC had strong constitutional grounds under the Voting Rights Act of 1965 to appeal for juO.cial relief. But only the City Council could speak for and defend the rights of all of its citizens in this matter. Denton should have the strength of one political entity in the Texas House of Representatives redistricting plan. He urged the City Council to enter into a suit to challenge the current plan. 0. The Council received a citizen report from Charles W. Carpenter regarding State Representative redistricting. Mr. Carpenter stated that the Denton Chamber of Commerce was involved in reviewing the redistricting 'issue for several months. He stated the position )f the Board of Dir.ector3 taken on June 10, 1991 - "The Board of Directors of the Denton Chamber of Commerce stands by its original position and respectfully requests that local existing spears of influence be honored as it pertains to the redrawing of district lines for the State Senate and State House of Representatives in Denton County and especially within the boundaries of the City of Denton. The redistricting plan recently passed by the Texas Legislature illogically dissects our community, effectively destroying any political voice its citizens choose to raise. i Furthermore, i.n the event that the opportunity arisen for any further adjustments to the state Senate and State House of Representative districts within the city limits of Denton, we call on officials of the City and County as well as the County's elected State Representatives, to take whatever steps necessary to protect the voting rights of citizens of Denton { and Denton County by including the entire City of Denton in a ; single Senatorial and House of Representative District." City of Denton city council minutes August 61 1991 Page 15 and plans had been made to advise and initiate State Efforts Senator Steve Carrikerto 0~'rober olO,Sep1991eCwould be for similar orientation on Representative Campbell. that Council Member Trent asked if the Chamber was proposing the City enter into a suit. owing that f Carpenter replied that the Chamber was not opposing • position but was not advocating it: J q public Hearings A. The council held a public hearing and considered an ordinance approving the rezoning of a 17,419 acre tract of land zoned Commercial and Light Industrial to the Agricultural located at the no corner of Mayhill district on property Road and IH-3 E ing oCommission crecommPgeedR approva195-00 at (its Planning and 2 July lo, 1991 meeting.) Frank Robbins, Executive Director for P1Mfromgthetcommerc a request al d istria the property this was ial and Light Ind com lied withottheo policies of lau low intensity The owners of The downzoning comp area as set out in the Denton Dwithg pro mthe 200 foot radius had J more than 20% of the proptherefore, in order for the City tested this request; the tau council to approve the petitegt, ionat least six members would have to vote in fa r of The Mayor opened the public hearing. Tom Niederauer, representing the owner i , stated that a chance al In6ast zoning was being requested from Commercial and Light the ownerto Thera were to Agricultural. His firm hadnbeen ning retained by evaluate the property from a pla ve odd shape were five factors which impacted the propertY; 21) the existing land the tract With operty d and r frontages, could degrade uses on the e pr Southern Hills PD to the the property value for other uses, (3) north was in the hands of the FDIC who was attempting (o sell the property at a considerable decrease in price, current Denton Development Plan cn.,il ated area of tensity development in the area, and (5) mu h of s non Ther was overzoned for n the proposal whichlwoulde be subdiv ded into ~ parcels of f land 1 several parcels prior to development. No one spoke in opposition, 1 IYA. .~1 N 'Nkkl$3 City of Denton City Council Minutes August 6, 1991 Page 16 Mr, Niederauer was allowed five minutes for rebuttal. He addressed the letters of opposition received by the Planning Department. In response to those letters, additional setbacks were proposed. The FDIC was dumping the surrounding property which would have an impact on the tax base in Denton. The Mayor closed the public hearing. The following ordinance was considered; NO. 91-111 I AN ORDINANCE OF THE CITY OF DENTON. TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL (C) AND LIGHT INDUSTRIAL (LI) TO AGRICULTURAL (A) ZONING DISTRICT u~ CLASSIFICATION AND USE DESIGNATION FOR 17.419 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF 135E AND MAYHILL ROAD, NORTH OF POCKRUS PAGE ROAD; AND PROVIDING FOR AN EFFECTIVE DATE. C Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith a "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye," Motion carried unanimously. B. The Council held a public hearing and considered ; adoption of an ordinance approving a Specific Use Permit for a private school located on property on the north side of Scripture, approximately 100 feet west of Ector, also known as 2046 Scripture, for the purpose of a Private School. Z-91-010 ; (The Planning and Zoning Commission recommended approval 4-0 at its July 10, 1991 meeting.) Frank Robbins, Executive Director for Planning, stated that this request was for a specific use permit for property located at 2046 Scripture to allow for a private school. Currently the property was zoned SF-10 and in order to authorize a private school in a SF district, a specific use permit had to be approved. There were two sets of policies the Planning and Zoning commission used to assess whether the specific use permit should be authorized. One was the Denton Development Plan which addressed the following policies: (1) detailed site design within close proximity of a neighborhood - the design of the site worked well with the existing neighborhood, (2) traffic should use collector or larger streets and not residential streets Ector and Scripture were collector streets, (3) intensity - the proposed development conformed to the intensity policy of the plan, and (4) open space - the property was heavily landscaped with 88% o; the site landscaped space, The other set of criteria was in the zoning ordinance with respect to conditions to be met in order to approve the specific use permit, Those conditions included (1) the site f had to be compatible with adjoining property - Planning and .re 8 Il 1 tp City of Denton City Council Minutes August 6, 1991 Page 17 Zoning commission felt this would be the case, (2) orderly development would not be impeded - the Planning and Zoning Commission felt that the proposed use would not impede orderly development, (3) infrastructure - there was adequate infrastructure for the site, (4) parking lots and access to the streets - the circular drive located on Scripture would be used for emergency access only and some type of gate would be erected on both ends of the driveway so as to not encourage normal drop-offs and pick-ups at that location, (5) adequate vegetative buffers - this was found to be adequate, (6) iirectional lighting - there would be no lighting, other than what was normal in a residential area, (7) landscaping - v, approximately 883 of the property was landscaped. The Planning ll' and Zoning Commission approved the plan with the following E conditions, (1) the enrollment at any given time should not exceed fifty students, (2) school hours would be 7;30 a,m. 6:00 p.m., Monday through Friday, (3) parent traffic would be routed from Ector Street to St. David's church parking lot for child drop-off and pick-up, and (4) the circular driveway would not be used by parents or faculty. The Mayor opened the public hearing. i Linda Lavender was one of the founding teachers of the I Community School. The purpose of the proposal was to create a ¢ small home-like environment for fifty children. There was a neighborhood meeting in May and received very favorable response. She asked the Council to vote for the proposal. Kim Meyers spoke in favor of the proposal. She had a child who would be attending the school and hoped the Council would approve the request, Carolyn Cunningham stated that she had already seen an improvement in the area from when the house was a fraternity house and asked the council to approve the request. No one spoke in opposition. The Mayor closed the public.hearing. The following ordinance was considered, r NO, 91-112 f I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A G SPECIFIC USE PERMIT FOR A PRIVATE SCHOOL LOCATED ON E THE NORTH SIDE OF SCRIPTURE STREET APPROXIMATELY 100 FEET WEST OF ECTOR STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 1 I { 44 Y I ~ i j City of Denton City Council Minutes i August 6, 1991 A Page 18 a Alexander motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry 1'aye,11 and Mayor Castleberry "aye." z' Motion carried unanimously. S. Consent Agenda Hopkins motioned, Chew seconded to approve the Cunaent Agenda ! as presented. A. Bids and Purchase orders: 1. Bid 01253 - Construction of Fire Station #6 B. Tax Refunds 1. Considered approval of a tax refund to Dentex Title Co. for $558.07, 2. Considered approval of a waiver of Penalty/Interest for Dennis T. Riney (Account 039239) I C. Plats and Replats 1. Considered the preliminary replat of Lot 1, Block 1 of the Eagle Point subdivision, into Lots lA and 1B. The 3.729 acre site was located on the east side of Fopt Worth E Drive, opposite Lindsey street. (The Plauning and zoning Commission recommended ' approval, 7-0, at its July 24, 1991 meetin;t). 6. Ordinarces A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements, (5.A.7,. - Bid #1253) ! The following ordinance was considered: NO. 91-113 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFEC'T'IVE DATE. 1 S E jr`Tj;1 -4 City of Denton City council minutes August L, 1991 Page 19 Chew motioned, Hopkins seconded to adopt the ordinance, On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,,, smith ' "aye," Chew "aye," Perry "aye," and Mayor Castleberry llaye,,] Motion carried unanimously, 1 B. The Council considered adoption of an ordinance accepting competitive bido and provi.ding for the award of contracts for public works or improvements. (RFP #1258 1 Telephone Equipment Maintenance) r Lloyd Harrell, City Manager, stated that per Council policy, this item was listed separately on the agenda as it was the best bid but not the lowest bid, Gary Collins, Information Services Director, stated that the bid would cover the maintenance on the new telephone equipment and the cabling installed for that equipment, The RFP was in two sections, The first section requested quotations for providing maintenance set•vice on the various switches and ancillary equipment and the second section requested the cost for providing raa:lntenxnco ,zervice on :1e interbuildintj nabli4ig both fiber optic and ooppar: !.rrr.3 veor':rr; bill the v,c,}usa2, - Southwestern Bell, GTE and vliltel;l. Southwestera W fl s Lid did not cc;er a key set. at the ?11;ccin Luther King Recreation Center and at the Water Vecla,•iution Plant, GTE originally installed the telephone equipment and !nstrum..its cis well as wiring the various buildings, They were the only vendor that had trained service personnel located within the City of Denton. For those reasons, it was felt that the GTE bid was the best bid, 1 The following ordinance was considered; NO. 91-7.14 AN ORDINANCE AWARDING A CONTRACT FOR A MAINTENANCE AGREEMENT WITH GTE: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, Alexander motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "al•e," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye.', Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Deloitte & Touche to provide auditing services as auditors for the fiscal year ending September 30, 1991. r t T~ r t, s 1 3j City of Denton City Council Minutes August 6, 1991 Page 20 John MCGrane, Executive Director for Finance, stated that this was the City's annual audit required by City Charter to be done. This year the City was entering into a formal contract y_ with the firm. If approved, the auditors would begin next week. The Audit Committee had recommended approval of the agreement. F The following ordinance was considered: I NO. 91-115 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE 6 TOUCHE TO PROVIDE AUDITING SERVICES AS AUDITORS FOR THE FISCAL YEAR ENDING SEPTEMBER 300 1991; AND PROVIDING AN EFFECTIVE DATE. I { Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye." Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance approving an amendment to an agreement between the city of Denton and Services Program for Aging Needs, Council Member Chew left the meeting. Catherine Tuck, Administrative Assistant, stated that this Was an amended contract with SPAN for transportation. The 1990-91 Human Services budget included $2700 to be allocated to Parents Anonymous. This agency had ceased to provide services which allowed the money to be reallocated, Council had recommended that the money be reallocated to SPAN for transportation. A second change in the contract related to the amount SPAN charged for its HandiHop riders. Currently, SPAN charged $1 for each ride, This program had increased in demand for services and SPAN would like to increase the rate to $1,50. The amendment still required that SPAN notify the City Council regarding a rate change and allowed the City to protest and refuse approval for the rate change if it desired. The following ordinance was considered: NO. 91-116 f j AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR j AGING NEEDS; AND PROVIDING FOR AN EFFECTIVE DATE, j j j i ii i E1 ~ff City of Denton City Council Minutes August 6, 1991 Page 21 Hopkins motioned, Alexander seconded to adopt the ordinance. On roll vot•t, Trent "aye," Alexander "aye," Hopkins "aye,41 Smith "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. Council Member Chew returned to the meeting. E. The Council considered adoption of an ordinance vacating a public utility easement recorded in volume 928, page 602, Denton County, Texas. (Public Utilities Board and 7 Planning and Zoning commission recommended approval,) R Howard Martin, Director of Environmental Operations and Financial Administration, stated that the easement was on a tract of land currently owned by NCNB Texas National Bank on the southwest corner of Teasley and Lillian Miller. The old easement followed the curve of FM2181 and was no longer needed. The property owner agreed to provide an easement along the perimeter of the property. The following ordinance was considered: NO. 91-117 ~I AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 928, PAGE 602, DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE, Perry motioned, Trent seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye,,, motion carried unanimously, Council recessed for a short break. Council Members Alexander and Chew were not present after the break, F. The Council considered adoption of an ordinance vacating an easement for electric transmission and distribution lines situated in the Alexander Hill Survey, Abstract Number 623, Denton County, Texas, (Public Utilities Board and Planning and Zoning Commission recommended approval,) Howard Martin, Director of Environmental operations and Financial Administration, stated that the easement was located north of 135 between the railroad tracks and Fort Worth Drive, The property owner had requested abandonment of the down guy easement in exchange for an easement on their tract. Once the electric lines were replaced in the newly acquired easement, the old electric facilities would be removed, thus eliminating the need for the down guy easement, Tr _ s 1. y ' td , City of Denton city Counoll minutes August 6, 1991 Page 22 t Council Members Alexander and Chew returned to the meeting. The following ordinance was considered: NO. 91-118 AN ORDINANCE VACATING AN EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINES SITUATED IN THE ALEXANDER HILL SURVEY, ABSTRACT NUMBER 623, DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. t G. The Council considered adoption of an ordinance prohibiting U turns on Lillian Miller Parkway at the first median opening south of Interstate 35E southbound service road, (Citizens Traffic Safety Support Commission recommended approval.) Jerry Clark, City Engineer, stated that the median opening south of the 135 service road on Lillian Miller was experiencing a large increase in traffic with the Red Lobster opening and many businesses opening in the shoppin, centers on both sides of Lillian Miller. This action was an attempt to keep the intersection as safe as possible so signalization could be prevented or delayed. Council Member Trent asked where a motorist could make a u-turn on that road. Clark replied that they were encouraging motorists to use the parking lots in the area to make their turns. The following ordinance was considered; NO, 91-119 { AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING f( U TURNS ON LILLIAN MILLER PAdKWAY AT THE FIRFT MEDIAN OPENING SOUTH OF THE INTERSTATE 35E SOUTHBOUND SERVICE f ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry ; "aye.', Motion carried unanimously, i 4 }3 City of Denton City Council Minutes August 6, 1991 Page 23 H. The Council considered adoption of an ordinance repealing Sections 18-51, 18-52, 18-53, 18-54, 18-55, and 18-56 of Chapter 18 of the Code of Ordinances of the City of Denton relating to regulation of trucks and truck routes; amending Division 2 (Trucks and Truck Routes) of Chapter 18 of the Code of Ordinances of the City of Denton; establishing definitions; establishing designated truck routes and regulating for departure therefrom; providing for exceptions; prohibiting certain use of residential streets; establishing requirements f for the operation of concrete trucks; establishing a maximum vehicle load limit; providing for a maximum penalty of two hundred dollars for violation thereof; and providing for a severability clause. (The Citizens Traffic Safety Support commission recommended approval.) City Manager Harrell stated that this ordinance had been postponed from the Council's last meeting in order to clarify wording regarding the driving of semicabs in residential neighborhoods. That wording had been clarified and was now ready for Council consideration. I The following ordinance was considered; { NO, 91-120 f` AN ORDINANCE REPEALING SECTIONS 18-51, 18-52, 18-531 i 18-54, 18-55, and 18-56 OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO REGULATION OF TRUCKS AND TRUCK ROUTES; AMENDING DIVISION 2,. (TRUCKS AND TRUCK ROUTES) OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; ESTABLISHING DEFINITIONS; ESTABLISHING DESIGNATED TRUCK ROUTES AND REGULATING FOR DEPARTURE THEREFROM; PROVIDING FOR EXCEPTIONS; PROHIBITING CERTAIN USE OF RESIDENTIAL STREETS; ESTABLISHING REQUIREMENTS FOR THE i! OPERATION OF CONCRETE TRUCKS ESTABLISHING A MAXIMUM VEHICLE LOAD LIMIT; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS FOR VIOLATION THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DAVE. Hopkins motioned, Perry seconded to adopt the ordinance, on roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance approving a contract between the City of Denton and the State of Texas for the Texas Traffic Safety Program. Sy. v €i City of Denton City Council Minutes August 6, 1991 Page 24 Rick Svehla, Deputy City Manager, stated that the State would ! provide the city $2500 to help enforce the seat belt laws within the City limits. tir 4 The following ordinance was considered: { NO. 91-121 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS FOR THE TEXAS TRAFFIC SAFETY PROGRAM; AUTHORIZING THE CITY MANAGER To EXECUTE THE CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE, Alexander motioned, Chew seconded to adopt the ordinance, on roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." tg Motion carried unanimously, i 7. Resolutions A. The Council considered a resolution authorizing the Mayor to execute an agreement between the City of Denton and the University of North Texas for the delegation of authority to regulate parking on additional portions of cityI streets adjacent to property controlled by the University, (Citizens Traffic Safety Support commission recommended approval.) Jerry Clark, City Engineer, stated that the University of North Texas had requested control of parking on several additional' portions of City streets. This agreement would add ten streets to the original agreement. The areas requested for no parking designation would require separate no parking ordinances prior to UNT implementing the new changes, Mayor Pro Tem Hopkins asked if there was any impact on streets which were needed for traffic lanes. Clark replied that the streets were mostly for student parking and no arterials were involved, UNT owned most of the property on both aides of the streets. Council Member Alexander asked if the authority ever reverted back to the City. Eric Jackson, Chief - UNT Police, stated that the agreement was reviewed every year and could be amended if necessary. I f M ri I ` City of Denton city council minutes August 6, 1991 Page 25 e The following ordinance was considered, NO. R91-048 RESOLUTION IORNG THE OFYOR DENTON AND EXECUTE AGREEMENT BETWEEN THE CITY THE UNIVERSITY OF NORTH TEXAS FOR THE DELEGATION OF S I - AUTHORITY TO REGULATE PARKING ON ADDITIONAL PORTIONS OF CITY STREETS ADJACENT TO PROPERTY CONTROLLED BY THE UNIVERSITY; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Alexander seconded to approve he re eolutioon. On roll vote, Trent °aye," Alexander 11aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye," Motion carried unanimously. 8, The Council received a briefing and held a discussion regarding House Redistricting. Debra Drayovitch, City Attorney, stated that this item was an update as requested two weeks ago by Council. She was in the process of researching previous lawsuits on this matter especially the lawsuit of the Republican Party of two years ago. She stated upon review of the information, Council might direct her to take further action or to have an Executive session discussion regarding the issue. Council Member Alexander suggested placing the item on an Executive Session. } Consensus of the Council was to place the item in Executive Session, 9, Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. Rick Svehla presented Council with a draft letter regarding Highway 2499, The council had approved the Minute Orders from the State several weeks ago, The cities of Cornith and Highland Village had also approved the Orders, Copper Canyon was having a problem with some of the wording dialing with right-of-way. Mayor Kay Stephens, Highland Village, indicated that it might be helpful to receive encouragement from the other cities regarding the project which was the proposed letter from Mayor Castleberry. B. Harrell proposed the following budget schedule: 8/13 department presentations 827 discussion of the budget 9/3 public hearing on the budget 9/10 final work session on the budget 9/17 adoption of the budget ~s r s City of Denton City Council Minutes August 6, 1991 i` Page 26 r' Harrell was concerned that there would not be enough time for the Council to discuss the budget after the 9/3 public F hearing. He suggested moving the public hearing to the 8/27 E meeting to allow for adequate discussion time. 4 Council agreed with that schedule. 1 C. Staff had received a letter from Albert Liseberger thanking them for their work on his development. 10. New Business The following item of New Business was suggested by Council for future agendas! A. Mayor Castleberry asked that the utility sewer increase in the proposed budget be looked at with the intent of 99 reducing the increase. 11. The Council convened into the Executive session to discuss legal matters (considered subrogation claim in Boydston v. Chrysler Corporation), real estate, and personnel/board appointments (considered appointment of alternates to the sign Board of Appeals). 12, There was no official action taken on Executive session items. With no further business, the meeting was adjcu;ned, BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTER$ CITY SECRETARY CITY OF DENTON, TEXAS 34200 r~ t 4 'I DATE: 09/17/91 CITY COUNCIL REPORT FORMAT I TO. Mayor and Members of the City Council 1 FROM! Lloyd v, Harrell, City Manager ii SUBJECT! z-91-913 REZONING OF A 25.58 ACRE TRACT OF LAND FROM PV 110 TO YJ LIGHT INDUSTRIAL DISTRICT RECOMMENDATIONt y The Planning and zoning Commission recommended approval with conditions (6-0) on August 14, 1991. r SUMMARY: Request approval of rezoning 25.58 acres of two (2) tracts of land from Planned Development 110 to Conditioned Light Industrial District. BACKGROUNDt See History of P&z Report. { PROGRAM$r DEPARTMENTS OR GROUPS AFFECTED! Code Enforcement, Engineering Department, Building Inspections, Water/Wastewater Department, Planning Department, surrounding properties. FISCAL IMPACT: k N/A Respea ully sub i ted Prepared bys L1 d HaCreLl City Manager Kar n n P K.leshari r Ur anner Approv d ra H. Robbinal AICP Executive Director Planning and Development 3746J/6 ! i 1( F b f l I PLANNING AND ZONING COMMISSION REPORT To: Mayor and Members of the City Council. Case No.: Z-91-013 Meeting Date:September 17, 1991 GENERAL INFORMATION Applicant: Hillwood Development Corp. } The Perot Group 12377 Merit Drive, Suite 1600 Dallas, TX 75251 Current Owner: Same Requested Action: Request approval of rezoning 25.58 acres in two tracts of land from Planned Development ppp No. 110 to Conditioned Light Industrial District. Location and Size: 25.58 acres in two tracts located on the south side of U.S. Highway 77, north and f south of State Highway Loop 288 (Under construction). Surrounding Land Use and zoning: North - Agricultural zoning and use South Vacant PD 115 East - Vacant PD 115 West - Northern Tract 1: Vacant, "A" Southern Tract 2: Vacant, PD 142 (Hillcrest) Denton Development Plan: Northern Urban Center t SPECIAL INFORMATION Transportation: 1. Loop 288 is scheduled to be completed in 1992. + 2, Access on Highway 77 frontage will be limited to two (2) points, one (1) on each tract, 31 Sidewalks will be required on both Highway 77 and Loop 288 1 frontages as well as any interior public streets, 44 Highway 288 frontage roads should be constructed through this area. If the developer desires access to Loop 288, he will be required to either participate, fund, or build the 1 frontage roads for Loop 288, i iY 3 ~ ~i (Case Z-91-013) Page Two I SPECIAL INFORMATION (continued) Ej Drainage: These sites generally drain to the north, under Highway 77 and Loop 288, immediate off-site drainage will be handled with improvements made to Loop 288. A detailed drainage analysis will be required during the platting process to determine the extent of any additional off-site improvements needed. Landscaping: 1. This site will be required to comply with the regulations of the Landscape and Tree Preservation ordinance. Utilities: Currently, no utilities exist at this site. 1. Water: a. A 20 inch water line would be required along the south # side of Loop 288 according to the City of Denton Master Water Plan. This would connect into the eight inch water line running up to Union 76 Truck Stop. b, A 12 inch water line would be required on the north side j of Loop 288 and tie into the eight inch water line running up to Union 76 Truck Stop, 2. Sewer: a. A lift station will be required on Tract one or northeast of Tract 1. This lift station shall be large enough to serve Tract One, most of the property in the triangle surrounded by Loop 288, Highway 77 and 1.35 N., and a portion of the land south of Loop 248. If the developer built the oversized lift station, the developer would be eligible to collect pro-rata from other developers tying into the lift station, b. The southern portion of Tract 2 would have to be served from the 10 inch sanitary sewer which crosses at Westgate. The 10 inch sanitary sewer ties into the Barrow lift station. Depending on the flow generation of the property, the Barrow lift station may have to be f expanded. f y ) t~ Vw'rt J • -1 (Case Z-91-013) Page Three SPECIAL INFORMATION (continued) 3. Fireflow: a. This property is located on the upper plane. The pressure would be adequate for the site, but the flow would not be sufficient for fire protection. Only 800-900 gpm is currently available. The minimum requirement would be between 1,500 gpm and 3,000 gpm, depending on the type of use and fire suppressor systems 31 (sprinklers) used. At the time of platting and building permitting, the developer would be required to provide adequate means of fire protection. E HISTORY v on March 18, 1986, the City Council approved the rezoning of this site from the Agricultural District to the Planned Development District (PD 110) for the purpose of a mixed use development consisting of office, commercial, and retail uses. The ordinance adopted contains specific conditions, which will be discussed in the Analysis Section of this report. j On August lA, 1991, the Planning and zoning cammission a recommended approval of Z-91-013 (6-0). I zl _ - ANALYSIS This property is located in the Northern Urban Center. According to the Denton Development Plan, these are the largest centers strategically located to encourage the concentration of commercial, retail, office, light industrial, and multi-family housing. The northern and southern urban centers are intended to have a commercial and industrial emphasis and to encourage a mixture of employment and high density residential uses. These centers are intended to serve as the hub for economic activity. The intensity policy of the Plan is waived in urban centers. Ordinance No. 86-63, which governs this tract of land, was passed with a number of conditions. The following are of IE concern: 1. Proposed building heights shall not exceed five stories. 2. Proposed maximum building coverage shall not exceed fifty percent (508) of the area of the tract and the maximum coverage of all buildings, drives, and parking areas shall not exceed eighty percent (808) of the area of the tract on which they are to be built. t , :r {i a (Case Z•-91-013) Page Four ANALYSIS (continued) 3, The maximum floor area within all buildings shall not exceed ?.,000,000 square feet. 4. Proposed land uses shall be limited to the fo)lowiny: office, hotel, bank, movie theatre, gasoline service station, parking lot or garage, medical center or hospital, convenience store, and retail and shopping center uses. Pertaining to condition one (1), there is no regulation in the t' Light Industrial district governing height. However, these parcels would fall under the regulations of the Federal Aviation Administration height restrictions. This site was approved with ; height restrictions of five story maximum. In light of the recent approval of the Planned Development of Hillcrest Center, which was approved with 20 story buildings, it is suggested that this condition be changed to a ma-Amum height of 20 stories in d order to maintain consi3tency. In addition, because this is an area designated to encourage economic development, such limitations of five story height could prove to be detrimental to the development of this tract. Condition two (2) was placed on this site because there was no regulation in the zoning Ordinance pertaining to building coverage and floor to area ratios (F.A.R,) for commercial and k retail type uses. In the Light Industrial district, a floor to , area ratio of 2:1 would govern, unless the governing bodies chose to approve this request with a condition that would reduce the F.A.R. for this tract. In addition, since this rezoning was approved, the City has passed the Landscape and Tree Preservation Ordinance, which will assure the community that the site will not be total impervious surf Ace, Condition three (3) capped the floor areas at 1,000,000 square feet. With an F.A.R. of 2:11 the maximum floor area allowed for this site, if using the Light Industrial district standards, g would be 2,2211560 square feet. Hillcrest Center was approved with an F.A.R. of 2:1 with 20 story buildings. In order to f115 or (approved encourage a transition between Hilethe and PD for less intense uses), staff suggests this site be 1:1 which would allow 1,110,760 square feet. Condition four (4) refers to the allowed uses. All of those I uses allowed in the ordinance are also allowed by right in the Light Industrial district, in the attachment, the applicant has requested that some of those uses allowed by right be prohibited as a condition in the proposed rezoning. 3 I I ra (Case Z-91-013) Page Five k" 1 ANALYSIS (continued) An additional condition pertaining to setbacks should be considered. In order to maintain consistency with the property adjacent to this (Hillcrest Center), staff has suggested that the setbacks along Loop 288 be 40 feet and that no parking be allowed in that 40 foot :setback area, Hillcrest has a 40 foot E, building setback and a 20 foot no parking setback standard, Loop 288 is considered a freeway and therefore plays a major role in entranceways into the City in a similar fashion as I-35. The requirement in a Light industrial district for front yards is 25 feet. In general, this rezoning request would be in compliance with ! the policies of the Denton Development Plan if approved with the recommended conditions. 1 RECOMMENDATION i The Planning and Zoning Commission recommends approval subject to the following conditions: 1. Uses be prohibited as listed in Attachment #2. 2. The maximum F.A.R. be 1:1 with a maximum height of 20 stories. 3. There be a 40 foot building setback along Loop 288 with no parking allowed in the 40 foot setback. ALTERNATIVES 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition 4. Delay consideration ATTACHMENTS 1. Location Map 2. List of Prohibited Uses 3. Zoning Exhibit 4. Ordinance 86-63 for PD-110 5. Site Plan for PD-110 6. Minutes of August 14, 1991 Planning and Zoning commission meeting. 7. Ordinance 3746] (i 1 ~3 1{~ ATTACHMENT 1 Z 91-013 Hifiwood NORTH r i ti ~Fy WESTGATE BARROW r i RINEY ROAD w CAN Y, W FLADGER DATE; 8102191 SCALE; NONE 4-.i:t.tl rA ATTACHMENT 2 "Ll" LIGHT INDUSTRIAL. (C) 3 ZONING CONDITIONS # The proposed Light Industrial zoning for Tracts i and 2 is conditional by eliminating the following uses from the list of permitted uses in the Light Industrial zoning district for these tracts: F. I Utility. ecce ssoa d Incidental Uses 3 Home Occupation r i Recreational and Entertainment Drag Strip or Commercial Racing Go Cart Track Rodeo Grounds Sexually Oriented Business Theater, Drive-In Teen atioe Related Uses - i i Railroad Freight Terminal Raikoad Passenger Station Railroad Team Track talll deWtural Type Uses f i 1 i Anlmal Clinic, Hospital or Kennel (with outside runs or pens) Hatchery, Poultry Smclal Industrial Processes i Mixing and Sale of Concrete 1 11111114 AMU= and Incidental Uses Sewage Treatment Plant F Natural Resource StaC88e and Extraction E>itraction and Storage of Sand, Caliche, Stone, Clay or Gravel Petroleum Collecting or Storage Facilities Mining or Storage of Mhlhtg Wastes ~duatrl>,I Prolxas.: Dump or Sanitary FLU Area Oplin Salvage Yard for Rags, Machinery, etc. 91~fi~OLlA1 i E E j i r n F ~ ~ I H ,.E H W f TRACT 2 I , ~ Z014ING EXHIBIT ' Muwooo aww+r~~ cwMw na r f URTV i , M.~~.rra~ r.r . t 'n., 1134L :L++ ATTACHMENT 4 7 ,y No, AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO, 69-1, l AS AMENDED, AND AS SAID MAP APPLIES TO 25.6 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF U. S. HIGHWAY 77 AT ITS INTER- SECTION WITH PROPOSED HIGHWAY LOOP 288, AS 19 MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFI- CATYON FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSi SECTION T. That the zoning classification and use designation of the real property described in Exhibit "A", attached hereto and incorpovated herein by reference, is hereby changed from Agricultural "A" District Classification and Use designation to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That prior to the beginning of any construction or developp- f Mont within the district created herein and prior to the issuance of any building permits for buildings therein, the following conditions shall be mat: A, A detailed comprehensive site plan for all or part of the district for which development is proposed shall be submitted for approval in accordance with the provisions of Appendix B-Zoning of the Code of Ordinances, The comprahensive site plan required to be the submitted Planning form and Department hoof manner herein acceptable shall Community Development and shall contain the following information: (1) All proposed land uses and development standards including, but not limited to, the location of all buildings, streets, parking areas, open spaces, recreation or park araae, major utilities and drainage facilities{ the maximum height of buildings, the dimensions of lots maximum lot coverage, buildin setbacks, buffovtng or screen- ing areas or facilities, and the regulations to be applied to signs. (2) A tree preservation plan showing all existing trees greater then three inches in diametar, measured at a height of six feet from ground level; all such trees which are proposed to be removed; and all trees that would be planted or substituted for those removed, or will be 4 planted in addition thereto. 1 ; t r._ _ - l= sy :sk+.,sy. ATTACHMENT 4-2 I (3) A detailed landsca p in g Plan showing at least twenty u percent (20i landscaped area. ) of the total land area as ij B. The proposed comprehensive site plan herein required to be submitted shall not, in any case, be inconsistent with the following; 1 (1) sPrCOroposieaed building heights shall not exceed five . (2) Proposed maximum building coverage shall not exceed fifty percent (50%) of the area of the tract and the maximum coveragge of all buildings, " drives and parking areas shall not exceed eighty percent (80%) of the area of the tract on which they are to be built. (3) The maximum floor area within all buildings shall not exceed 11000,000 square feat. (4) Pro sod land uses shall be limited to the folpolowing; office, hotel, bank, movie theatre, gasnline service station, parking lot or garage, medical center or hospital, convenience store, and retail and shopping center uses. C. Sidewalks shall be constructed on the south and west sides of all public streets. i D. A detailed general development plan, as provided for in Appendix A of' the Code of Ordinances, shalt be submitted and approved prior to, or in conjunction with, the approval of any final plat. SECTION III. That the approval of the district as provided for herein shall not, and is not intended to, be deemed a proval of any particular land use in such district, but shall be construed only to mean that those proposed land uses, as provided for herein, may be considered as possible appropriate uses for the district at the time the comprehensive site plan in submitted therefore, the approval thereof being based upon relevant factors which may include, but not be limited toi the time elapsed from the effective date of this ordinance to the data the comprehensive site plan for the district is submitted; the number of proposed buildings or dwelling units and proposed useay the arrangement and design of the buildings, streets, parking araae utilities and other development features; and the propoud regulations to be applied to the district. SECTION IV, pp pp Thatianthe with 1theenfinal comprehensivih site plansuhatreagtir approved and made A part hereof for all purposes and the regula- tione, conditions, and provisions herein contained. The Zoning Hap of the City of Denton, Texas adopted the 14th day of January, 1969, as an Appendix to that Bode of Ordinances 1 of the City of Denton, Texas under Ordinance No, 69.11 as amended is hereby amended to show such change in District i Classification and Use subject to that above conditions- and specifications. j~ 2.1180/H. ROSS PEROT, JR./PAGE 2 1 5@tiSy§ f ATTACHMENT 4-3 si ) SECTION V. That the City Councii of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most a propriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION VI. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00). Each such person shall be guilty of A deemed g during separate any violation a of this ordinance is committed, or continued, and upon convictl..)n of any such violations such parson shall be punished within the limits above, SECTION VII. That this ordinance shall become effective fourteen (14) days from the data of its passage, and the City. Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within tan (10) days of the date of its passage. PASSED AND APPROVED this the day of f 1986, CIT OF U TON, TEXAS ATTESTt , f F I OY DENTON,'TEXAS { APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS I k Z-1780/H, ROSS PEROT, JR./PAGE 3 r i r ATTACHMENT 4-4 EXHIBIT A I i E ` I TRACT I t SITUATED in Denton County, Texas, in the Nathan Wade Survey, Abstract No, 1407, being a resurvey of part of the 33 acres described In a deed from Frank ! i W. Head to Allan L. Burns, Trustee dated 9/29/80, recorded in Volume 1040, ! Page 200, Real Property Records of Denton County, Texas, being described by sates and bounds as follows, i!! BEGINNING at an iron pin set beside a corner post at the northwest corner of said 33 acres, in the south Right-of-Hay line of U, S. Highway No, 77; i THENCE south 56' 11' 47" east, 353.23 loot with the north line of said 33 acres and with an established fence and with said south Right-of-Hay line to an iron pin set for a corner at the north corner of the 7,427 acres of land described in a deed from Allan L. Burns, Trustee to the State of Texas for the purpose of constructing State Highway Loop 2661 TRUCE southwesterly with the north line of said 1.427 acts tract and with the north Right-of-Way line of proposed State Highway Loop 266 as follwas South 3' 32e 04" Nest, 97.33 toot, an iron pin sell south 60' 171 04" Bast, 349.06 feat to an iron pin sat at the watt, northwest corner of said 7.427 arse tract, in the west line of said 33 acres, in a north-south established faces for a eornerl TLMCE north 1' 07" 37" east, 456.43 fast with the west line of said 33 acres and with said established (once to the PLACE Of BEGINNING and CONTAININO 1,9177 acres of land, TRACT Its i SITUATED in Denton county, Texas, in the Nathan Wade Survey, Abstract No, 1407, being a resurvey of part of the 33 acres described in a dead from Frank N, Head to Allah L. burns, Trustee dated 9/29/10, recorded in Volume 1040, Page 200, Real Property Records of Denton County, Texas, being described by seaat and bounds as follows BEGINNING at an Iron pin sat besido a corner poet it the southwest corner of said 31 acres and the )unction of an oaxt-west, establishod fence and p fence from thn north; THENCE north 1' 07' 37" oast, 715,04 fuel with tho west line of said 3) ,errs and with said established fence to An Iron pin set for a corner at the southwest cnr, of the 7.427 Acres of land described in a deed from Allan L. Burns, Trustees to the State of Texas for the purpose of constructing State Highway Loop 286; j THENCE tasterly with the south Right-of-Way line of proposed state Highwoy Loop 261 and with the south line of said 7,427 acre tract as fallouts North 79' 26' 50" oast, 347.77 feat to an existing iron pinj North 71' 36' 07" test, 277.75 feet to an existing iron pint South 62' 01' 29" seats 332.09 fiat to do Iron pin lack North 35' 36' 36" east, 110.64 feet to so tree pin sat to the north It%e of said 33 acres and in the south Right-of-Noy line of V, S. Highway No, 17 for s comer; i TWOS south $11 11' 47" asst, 310.21 foot with the north lint of said 33 stres MW with an established faces and with the south Right-of-Way line of U. S. H1ghv, MC. 77 to so existing iron pie ass At the northeast Censer of said 33 acres for a , Come rI i E TNEWCE south 1' 06' 01" wit, 759.67 feet with the last lieu of said 33 acres to as lane pie sit in said Met-wost established fencs, at the eeutltsit darner of said 33 acres for a corcari THENCE north 69' 23' 46" Vast, 1261.62 fast with the south line of said 33 sates and with said fence to the PLACE OF 1E01NWIN0 and CONTAINING 23.6175 icroe of lama Z-1780/H. ROSS MOT, JR. y `1J 5 ATTACHMENT 4-5 1 ~a i 1 I ii E ~ 1 11J I l ~ I` r I f f ` j 1 j V ifill' J ~ r~)tt r~f i IW Z-1780111. ROSS PEROT, JR. i eOgt, A1rl U c a s August 14, 1991 Page 2 , Hold a public hearing and consider the rezoning of two E ~i parcels totaling 25.58 acres from Planned Development to t Light industrial (conditioned) located at the intersection of Highway 77 and Loop 288. Four notices were mailed to property owners within 200' of the site; one was returned undecided. Staff Report: Ms. Feshari presented the staff report (attached). 1 Mr. Kamman asked how the proposed 20 story height would be viewed by the Airport Zoning Commission. I y Ms. Feshari replied that the Board can look at height ( restrictions set out by the FAA to determine maximum height. Mr. Robbins stated that the City Council has approved an Airport zoning commission but has not yet appointed any will be looking at does not include members. The area they this tracts therefore, their standards will not affect this tract but may have an affect on the area to the west. Mr. Appleton asked if there are any height restrictions in PD-115. Ms. Feshari answered that it has setbacks and a floor area ratio (FAR) but no height restrictions. Mr. Appleton asked if the height restrictions were unrealistic in light of the the proposed FAR for this zoning V case, also, if there is a transition in FAR to PD-115, why isn't there a transition in height. Ms. Morgan asked for an explanation of setbacks along Loop 288. Ms. Feshari stated that staff asked for 40' setbacks with no parking allowed in the setbacks for the Hillcrest Zoning case; however, the Commission choose to allow parking in 20' of the 40' setback. Staff is making the same recommendation for this case in order to be consistent, Mr. Robbins said that he thinks the proposed standard is a good one for freeways and the Zoning Task Force is considering it. Mr. Engelbrecht asked if the staff arrived at this standard based on a review of other cities. Mr. Robbins said yes. _I i f If { ruL ,iinu.es August 14, 1.991 Page 3 Mr. Kamman asked if there will be access to the Loop from Highway 77. Mr, Salmon said yes, Mr. Kamman asked if there will be room for access to the property off of Highway 77. i' Mr. Salmon said that there is several hundred feet of 1 frontage for each tract. There will be room for access, Mr. Holt asked if the property would still be subject to the landscape ordinance if it was not conditioned zoning. .E Ms. Feshari said yes, The conditioned zoning only allows additional restrictions. on question she explained that a FAR has to do with the amount of square footage of a building allowed on a piece of land, Petitioner: Dennis Jerke of Carter and Burgess stated that he is representing The Perot Group. Ho is here tonight to get a zoning change for these two tracts at a key intersection in the City. They presently have a PD zoning which is limited. The market has changed and the present PD no longer has appropriate uses. This urban center will be viable. They want to make their tract more flexible, Light Industrial would be appropriate to the surrounding uses which are agriculture on the north, PD-115 on the south and east, and agriculture and PD-142 on the west. Light industrial is appropriate with the existing PDs, They would like the flexibility to respond to the market, They are proposing to delete some land uses from the list of uses that are allowed in Light industrial districts, some uses are not appropriate for that area.. They think the staff recommendations are appropriate and they will follow FAA and setback standards. They want to fit in with the adjacent zoning and are requesting approval of the proposed zoning change. Mr. Appleton asked if they could live with a condition that a site plan be submitted when they get a user, Mr. Robbins stated that they are required to submit a site plan for review by staff when thoy seek a building permit, Recommendation: Ms. Feshari stated that staff recommends approval of Z-91-413 with the following conditions: 1. Uses be prohibited as listed in Attachment N2, 2. The maximum F.A.R. be 1:.1 with a maximum height of 20 stories. p P&z minutes August 14, 1991 Page 4 etba along 3, There be a 40 foot building 40 sEootesetback,~'oop) 288 with no parking Chairman Holt closed the public hearing. s equest Decision: priateguserofhthetsite giventthersurroundinguses roach to light be an appropr and the e urban center. It is a conditioned app industrial zoning withunsatisfactorysses prohibited. moved to recommend approval Mr. Glasscock and unanimously carried Motion was seconded b by He Director's Report. F r A. Council direction to review the sign ordinance. P Mr. Robbins stated that after hearing a citizen report the Council directed the Commission to look into the criteria for face changes on signs and the criteria th on sign Board uses for granting variances. is proposed to illuminate the issues and than have a public hearing. In the past revisions of the sign ordinance, there were large numbers and groups of people involved. They spent a lot of time on the ordinance. The issues at hand are fairly clear. The Council needs People have to be comfortable with the standards f spoken in favor of the sign ordinanc at Counproblems R meetings because theTheaCouncildhas not gotten to hear with other groups. the debates. Staff proposes a work session and public fi t hearing on the August 28, 1991 agenda. Mr. Holt stated that there have been complaints existingfrom people sign people who buy places and want to use structure. The intent of the ordinance. is to eliminate unsightly signs. He asked if any City in Texas has had a sign ordinance long enough to get rid of unsightly signs. Mr. Robbins said that there were not many sign ordinances prior to 1967. wants to be on the Mr. lstated that he re gu f , Mr. Kamman asked if the Council is comfortable with the sign ordinance. , i ~ y WtSZ_ sry i 4 I t 1 v:updcc5\=910130 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXASr PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD) TO LIGHT INDUSTRIAL-CONDITIONED (LI- C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 25.5 i ACRES OF LAND LOCATED ON THE SOUTH SIDE OF U. S. HIGHWAY 77; PRO- ! VIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $20000 FOR VIOLATIONS l $ THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hillwood Development Corporation has applied for a change in zoning for 25.5 acres of land from Planned Development (PD) to Light Industrial-Conditioned (LI-C) zoning district classi- fication and use designation; and WHEREAS, on August 20, 1991, the Planning and Zoning Commission recommended approval of the requested change in zoning; and f WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Devel(-pment Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 25.5 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Planned Development (PD) to Light Industrial-Condi- tioned (LI'-C) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, SECTION II. That the property so zoned shall be used, deve- loped, and maintained in accordance with the following conditions: j 1, That the uses listed on Exhibit B shall not be permitted uses of the property. 1 2. No buildings shall exceed twenty stories. 3. The maximum F.A.R. shall be 1:1. 4. The minimum setback for buildings and parking facil- ities shall be forty feet from the right-of-way line of Highway Loop 288, DECTION III. That the City's Officia.i zoning map is amended to show the change in zoning district classification. i gECTION Iy, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated ; shall constitute a separate and distinct offense. )L IYXNC 1 ~4GYil Yi6X r ii s SECTION V. That this ordinance shall become effective fourteen i (14) days from the date of its passage, and the city Secretary is hereby directed to cause the caption of this ordinance to be pub- fished twice in the Denton Record-Chronicle, theda fs iof atheedatepof of the City of Lsnton, Texas, within ten (10) y its passage. 1991. PASSED AND APPROVED this the day of Sol; CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHO CITY ATTORNEY BY : i 9 PAGE 2 ~4d\ 1 r k, [}C[Pt17a r 7r y i EXHIBIT A TRACT I i SITUATED in Denton County, Texas, in the Nathan Wade Surrvey, Abstract No. 1407, being a resurvey of part of the 33 acres described in a deed from Frank W. Head to Allan L. Burns, Trustee dated 9/29/80, recorded in Volume 1040, Page 200, Real Property Pecords of Denton County, Texas, being described by metes and bounds as follows; BEGINNING at an iron pin set beside a corner post at the northwest corner of said 33 acres, in the south Right-of-Way line of U. S. Highway No. 77; THENCE south 58° 11' 4711 east, 353.23 feet with the north line of said 33 acres and with an established fence and with said south Right-of-Way line to an iron pin set for a corner at the north corner of the 7.427 acres of land described in a deed from Allen L. Burns, Trustee to the State of Texas for the purpose of construct- ing State Highway Loop 288; THENCE andwith the nor h Right oft Way north line of proposed State Highway Loop 288 as follows: South 3° 321 0411 West, 97.33 feet, an iron pin set; South 60° 17' 04" West, 349.08 feet to an iron pin set at the west, northwest corner of said 7.427 acre tract, in the West line of said 33 acres, in a north-south established fence for a corner; f THENCE north 1° 07' 37" east, 456.43 feet with the west line of said 33 acres and with said established fence to the PLACE OF j BEGINNING and CONTAINING 1,9177 acres of land. TRACT Ill SITUATED in Denton County, Texas, in the Nathan Wade Survey, Abstract No. 1407, being a resurvey of part of the ?3 acres described in a deed from Frank W. Head to Allan L. Burns, Trustee dated 9/29/80, recorded in Volume 1040, Page 200, Real Property Records of Denton County, Texas, being described by metes and bounds as follows: BEGINNING at an iron pin set benide a corner post at the southwest corner of said 33 acres and the junction of an east-west estab- lished fence and a fence from the north; THENCE north 1'.07' 37" east, 715.04 feet with the west line of said 33 acres and with said established fence to an iron pin set r _a itl for a corner at the southwest corner of the 7.427 acres of land described in a deed from Allan L. Burns, Trustee to the State of Texas for the purpose of constructing State Highway Loop 288; THENCE easterly with the south Right-of-Way line of proposed State Highway Loop 288 and with the south line of said 7,427 acre tract as follows: North 79° 261 5010 east, 347.77 feet to an existing iron pin; i North 71° 38' 07" east, 277.75 feet to an existing iron pin; South 82° 01' 29" east, 332.09 feet to an iron pin sett North 35° 38' 36" east, 110.64 feet to an iron pin set in the north line of said 33 acres and in the south Right-of-Way line of U. S. Highway No. 77 for a corner) THENCE south 580 11' 47" east, 310.28 feet with the north line of said 33 acres and with an established fence and with the south Right-of-Way line of U. S. Highway No. 77 to an existing iron pin set at the northeast corner of said 33 acres for a corner; THENCE south V 08' 0711 west, 759.87 feet with the east line of said 33 acres to an iron pin set in said east-west established fence, at the southeast corner of said acres for a"corners THENCE north 89° 23' 46" west, 1261,62 feet with the south line of said 33 acres and with said fence to the PLACE of BEGINNING and CONTAINING 23.6775 acres of land. f R a EXIIIBIT B "LI" LIGHT INDUSTRIAL (C) ZONING CONDITIONS j The proposed Light Industrial zoning for Tracts 1 and 2 is conditional by eliminating the following uses from the list of permitted uses in the Light Industrial zoning district for these tractst Uttllty. Accessory and Incidental Uses Home Occupation 5 k 1 Recreational and Entertainment Drag Step or Commercial Racing Go Cart Track ! Rodeo Grounds v` Sexually Oriented Business 8 Theater, Drive-In Transportation Related Uses Railroad Freight Terminal Railroad Passenger Station Railroad Team Track Agricultural Type Uses Animal Clinic, Hospital or Kennel (with outside runs or pets) Hatchery, Poultry Special Industrial Processes Mixing and Sale of Concrete Utilily, Accessory and Ipddental Uses Sewage Treatment Plant III Natural Resourra_Storagg and Extraction Extraction and Storage of Sand, Caliche, Stone, Clay or Gravel Petroleum Colieding or Storage Facilltles 1 Mining or Storage of Mining Wastes I, Special Industrial Processes f Dump or Sanitary Fill Area Open Salvage Yard for Rags, Machinery, etc. 9131110LIAt i : T s - ~"r1 4tti1SWh] f DATE: 09/17/91 ' CITY COUNCIL REPORT FORMAT j T0: Mayor and Members of the City Council u! FROM: Lloyd V. Harrell, City Manager ~SUBJECT! Z-91-014 REZONING FROM NEIGHBORHOOD SERVICE DISTRICT TO GENERAL RETAIL (CONDITIONAL) DISTRICT ( RECOMMENDATION; a The Planning and Zoning commission recommended approval 6-0 with one abstention at its meeting of September lit 1991- tom, SUMMARY? i The applicant is requesting rezoning of a 1843 acre tract of land ! from the Neighborhood Service District to the General Retail district (Conditioned) on property located at the southeast corner 1 of Austin and Oakland Streets. BACKGROUND: see Staff Report. i PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDt Texas Woman's University and other neighbors and the land ownersb e FISCAL CT: +3 N/A rt tted: City lay rraeu ll iI ( Pr pared by: vyocli- Manager en K. Fes ari Urban Planner E Ap ovedt i ranks H. o *Jti AICP Executive Director Planning and Development 27SIX { 1 t _r..- _ Vol PLANNING AND ZONING COMMISSION REPORT i!f ' i To: Mayor and City Council Case No,: z-91-014 Meeting Date: 09/17/91 GENERAL INFORMATION Applicant: Estate of Anna Kornblatt, 1 Herschel Kornblatt, co-executor of estate 7367 Inglecliff Drive Dallas, TX 75230 Requested Action: Rezone approximately a ,18 acre tract of land from "NS" Neighborhood Service to "GR(C)" General Retail Conditioned, Location and Size% Approximately .18 acre tract of land 'located at the southeast corner of Austin and Oakland Streets. Surrounding Land Use and Zonings North - MF-2 (Texas Woman's University) South MF-11 NS, (Residential & Copies & 'things) East Office & MV-1 (Residential) West - MF-2 (Texas Woman's University) Denton Development Plan: Moderate Activity Center SPECIAL INFORMATION Transportation: 1, Oakland Street is a collector street. The proposed rezoning will not significantly change the traffic volume, 2, There is existing sidewalk along the frontage of the property. 4 t i ~~:ro ✓ /fPV::ap.y E f (Case Z-91-014) r Page Two 4 SPECIAL INFORMATION - Continued tY Utilities: t There is a 4" water line located on Austin Street and a 6" n waterline on Oakland Street. A 10" sanitary sewer line is located in Austin street. Fireflow is adequate for this site and hydrant spacing is acceptable. G f~ is Drainage: Drainage in the area is currently inadequate; however, this change in zoning will not create any additional runoff as the property is already developed, r i HISTORY The building on this tract of land was built approximately 50-60 years ago by the applicant's father. There is no history in the zoning files establishing when this tract was rezoned to Neighborhood Service. However, it is probable to believe that when the city zoned by map in 1969, this tract was zoned according to the existing use of the property. E ANALYSTS ' 'I This property is located in a Moderate Activity Center, The purpose of these centers parallel many of the purposes of the major activity centers including balanced city wide growth. Planning infrastructure for the limited size of these centers helps ensure balanced development in the city. Moderate activity centers are allocated 350 vehicle trips per day per gross acre. This particular tract has already received allocation of 117 (.18 x 650) trips based on the existing use at the time LUMIS (Land Use Ma,zagement Information Systems) was established. Therefore, there is no change to the allocated trips for this site. i 16 (case z-91-014) Page Three i ANALYSIS This area of the city has a considerable amount of pedestrian traffic due to the proximity of Texas woman's University (TWO and the existing residential dwellings. Because of the uses and the structure's age, the parking is nonconforming. The applicant applied to the Board of Adjustments on September 91 1991 to request a variance to the parking regulations for this site, The variance was granted by unanimous vote (5-0). The applicant is requesting a rezoning of this tract to allow for a sandwich shop serving beer and wine. This is not an allowed use in the Neighborhood Service District. There is a need for an eating establishment near TWU, and there is reasonable assumption that a significant amount of the traffic + would be pedestrian. The additional use would not adversely impact the surrounding neighborhood. The other type of uses already located in the structure is a grocery store and the United Methodist Campus Ministries. This building is adjoined w by another structure which is occupied by "Copies & Things". Because this site is already developed, and is and has been operating as a retail establishment, the rezoning of this tract will not significantly affect the area. Rather, the public interest is served by allowing a small eating establishment in the area. RECOMMENDATION Planning and zoning commission recommends approval and consideration of specific conditions for this rezoning as follows; 1. Allowed uses be in compliance with the attached Table of Permitted Uses. 2. The gross floor area allowed on this site shall not exceed 6200 square feet. ALTERNATIVES 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition 4. Delay consideration j (Case Z-91-014) zi Page Four y y ATTACHMENTS e i; 1. Location Map s 2. Table of Permitted uses 3. survey with Metes and Bounds { i 2787x i- d. j 4 f~ l~ it Z 91-014 1423-1429 Oakland NORTH isi, LIP 1 / \ 4Q65 771 1 Lj i x HWY. 380 01~ ci, i COW" 'a An LL MY ~1 SIB o IL 1112r"Tl F D kiwi . . L-jLJ -zll I o T XA yr6,. 7 E WITHERS Ell r w' P ? ~ 44 u CGNGRE i MIS LW.O`~p 0 N D OAK W. HICKGRY our r LJ I X OR C DATE; SM/01 SCALE NONE t E f "e j fMAy AXSkfN TABLE OF PERMITTED USES ~r All uses allowed in General Retail with the following exceptions: Hotel or Motel Amusement, Commercial (indoor) rr Dance Hall or Night Club Theatre, other than Drive-In type Railroad Passenger Station Auto Laundry Auto Sales and Repair (in building) K. Gasoline Service Station New Auto Parts Sales and Stores ti Cafeteria Greenhouse or Plant Nursery (retail) Household Appliance Service and Repair j Mortuary or Funeral Parlor Retail Stores and Shops over 4,000 square feet Animal Clinic or Hospital (No outside runs or pens) Greenhouse or Plant Nursery E i I i i E V ~ litt!JH05' t f `l3 1. FIELD NOTES TO 0,1844 ACRES IN THE B.B.B. 6 C.R.R. COMPANY SURVEY ' ABSTRACT 185, CITY OF DENTON, DENTON COUNTY, TEXAS. ALL THAT CERTAIN IntACT OR PARCEL OF LAND LYING AND BEING SITUATED ? IN THE B.B.B. 6 C.R.R. COMPANY SURVEY ABSTRACT 185, CITY OF i; DENTON, DENTON COUNTY, TEXAS AND BEING THE SAME TRACT OF LAND AS DESCRIBED IN A DEED FROM MARTIN KORNBLATT TO MRS. ANNA R. KORNBLATT ON THE 18TH DAY OF FEBRUARY, 1931, RECORDED IN VOLUME y 236, PAGE 77, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS1 BEGINNING AT AN X CUT IN CONCRETE AT THE INTERSECTION OF THE SOUTH LINE OF OAKLAND AVENUE AND THE EAST LINE OF AUSTIN STREET, , BEING THE NORTHWEST CORNER OF SAID KORNBLATT TRACTt THENCE SOUTH 77 DEGREES 20 MINUTES 19 SECONDS EAST WITH THE SOUTH LINE OF OAKLAND AVENUE A DISTANCE OF 92.95 FEET TO AN X CUT IN CONCRETE= THENCE SOUTH 02 DEGREES 18 MINUTES 53 SECONDS WEST PASSING AT 1.18 FEET THE NORTHEAST AND NORTHWEST CORNER OF BUILDINGS, CONTINUING WITH THE WALL BETWEEN SAID BUILDINGS, PASSING AT 70.05 OF A WITH BUILDING, WALL THE SOUTHWEST 76.35 CORNER FEET O THE SOUTHEAST CORNER CONTINUING PASSING AND CONTINUING A TOTAL DISTANCE OF 79.78 FEET TO AN IRON PIN AT THE SOUTHEAST CORNER OF SAID KORNBLATT TRACT, ON THE NORTH LINE OF TRACT DEEDED TO D.E. WRIGHT, TRUSTEEt RECORDED IN VOLUME 2052, PAGE 975 REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS? t THENCE NORTH 89 DEGREES 56 MINUTES 21 SECONDS WEST WITH THE NORTH LINE OF SAID WRIGHT TRACT A DISTANCE UP 67.67 PEET TO AN IRON PIN, ON THE EAST LINE OF AUSTIN STREET, BEING 0.96 FEET EAST OF AN IRON PIN ON THE BACK Or" A CONCRETE WALK AT THE NORTHWEST e CORNER OF SAID WRIGHT TRACT THENCE NORTH 00 DEGREES 06 MINUTES 53 SECONDS EAST WITH THE EAST LINE OF AUSTIN STREET PASSING AT 21.3 PEET THE SOUTHWEST CORNER OF A BUILDING AND CONTINUING WITH THE WALL OF SAID BUILDING ON THE EAST LINE OF AUSTIN STREET PASSING AT 91.3 FEET THE NORTHWEST CORNER ABUILDING IN ALL DISTANCE 0.1844 0 ACRE 0 FEET TO THE POINT OF BEGINNING CONTAINING OF LAND. Y FiAt45+<9J~ ' AM 9PAJY6,Y I SU?,EY OF 14 5, 1427 00 ,429 OAKLAND A': F, ;PI VHF." B.B.B. 8 C.N.R. 4HSrRAGT.85, C.-'f UF'DENrON, TEVIS, OEN'0NC061N Y, rF7AS v; ~S y~ ISAN[ l PA yAy , I Y ~ .'t ~ CON69E fF a1 pyr ur Y M owc A• $ET u ;429 °12i a h 1,125 r123 f L., T t!i ON STORY BRYC Bu OiNG5 3 o lf~ R J i Iz j , C.3 u < s y{ LJ u ~o C4f[L ~IfV1._B.{.tr![L4' CCGIlA(l f~. Q no V. Nc.- N 89°56'21°W 87.67 ~I IBC PLAT HEREON IS A WE, CORRECT, AND ACCURAIC REPAESENTATION'O THE Qq~. t r PRDPCATY AS DETCRHINCD BY SURVEY MAOC ON THE GROUND TNC LINES 4'10 DIMENSIONS OF SAID PROPCRIY KING AS INDICATED BY THE PLAT, THE SITE IACATION, AND TYPE CF BUILDINGS AND IMPROVEHENIS AAC AS SHOWN ALL f~' O• IHPRDVCNEMTS BEING VITHIH THE BOUNDARIES Df IHE PROPERTY, SET BACX FROM PROPERTY LINES THE DISTANCE INDICATED, AND THE DISTANCE fROM IHE GARY W, HAMM~'TT NEAACST INTERSECIING STREET, DR RAA0. IS AS SHOVH ON SAID PLAT, THERE 1, ARE NO ENCROACHMENTS, CONFLSCTS.OR PROTRUSIONS EKCEPT AS SHOVN.HERECM. ` 1849 'o 1 , - ST E ESIONAL LAND SURVL'YDR THIS PRCIPCRIY IS WITHIN LONE X , AREAS W Outs OE Or A IDDYR. OR 100 YR. ~ - fLOOD PLAIN AS SHGVN BY FIRM MAP COMMUNITY PANELNUWO 480194 00050 DATED AuGusr 4 1987 I SCALE JaH '?I0. HAMMETT & NASH, INC, T' 10' ENGINEERS k SURVEYORS oAT[ r?5935 LiY-xr.ora OENTON TEXAS vs A. HaoAr 9-Ii•199! I S rS{'Sr~A:, i t{pNT!'J 1 ~ S:Nvpdues139155 II ORDINANCE NO. 1 t' AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A CHANGE i' FROM NEIGHBORHOOD SERVICE (NS) TO GENERAL RETAIL-CONDITIONED (GR-C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.18 ACRES ( 1 OF' LAND LOCATED ON THE SOUTHEAST CORNER OF AUSTIN AND OAKLAND STREETS; PROVIDING FOR A PE14ALTY IN THE MAXIMUM AMOUNT OF $20000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Herschel Kornblatt has applied for a change in zoning 4 for 0.18 acres of land from Neighborhood Service (NS) to General Retail-Conditioned (GR-C) zoning district classification and use designation; and WHEREAS, on September 11, 1991, the Planning and zoning com- mission recommended approval of the requested change in zonings and ij WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I{ That the zoning district classification and use designation of the 0.18 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Neighborhood Service (NS) to General Retail-Condi- tioned (GR-C) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 11j. That the 0.18 acre tract shall be subject to the following conditions: (A) The permitted uses for the property shall be as shown in the Table of Permitted Uses attached as Exhibit B and incorporated into this ordinance by reference. (B) The gross floor area of all buildings shall not exceed 6200 square feet. SECTION Ill. That the city's official zoning map is amended to show the change in zoning district classification. SECTION IV, That any person violating any provision ofthis ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be t L) , y published twice in the Denton Record-Chronicla, the official news- paper of the city of Denton, Texas, within ten (10) days of the date of its passage. ` PASSED AND APPROVED this the day of , 1991. BOB CASTLEBERRY, MAYOR ATTEST: ii JENNIFER WALTERS, C't:'Y SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY f BY: l j Exhibit A FIELD NO'.'ES TO 0.1843 ACRES IN THE B.B.B. & C.R.R. COMPANY SURVEY ABSTRACT 185, CI'T'Y OF DENTONr DENTON COUNTYr TEXAS. ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED 180 CITY OF AND BEING THE ABSTRACT SAME TRACT 5OF LAND AS IN THE B . B . B . & C • R • R TEXAS COMPANY # llEN7.'ON, DEN''ON COUNTY, t ` DL•'SCRIBED IN A DEED FROM MARTIN KORNBLA T TORMRS. DN IN R. KORNBLATT ON THE 18TH DAY OF FEBRUARY, TEXAS, AND VOLUME 236, PAGE 77, DEED RECORDS OF DENTON COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT AN X CUT IN CONCRETE AT THE INTERSECTION OF THE SOUTH LISP BEING OAKLND AVENUE AND THE EAST LINE OF CORNER OF SAID KORNBLAI'T TRACTAUSTIN STREET, THENCP: SOUTH 77 DEGREES 17 MINUTE 55 SECONDS EAST WITH THE SOUTH LINE OF OAKLAND AVENUE A DISTANCE OF 94.02 FEET TO AN X CUT IN CONCRETE I THENCE SOUTH 02 DEGREES 19 MINUTES 03 SECONDS W OF' BUSSING AT 7.18 FEET THE NORTHEAST AND NORTHWEST CONTINUING WITH THE WALL BETWEEN SAID BUILDINGS, PASSING AT 70.05 THE SOUTHWEST CORNER OF A BUILDING, CONTINUING WITH SAID WALL PASSING AT 76.35 FEET THE SOUTHEAST CORNER OF A BUILDING, AND CONTINUING A TOTAL DISTANCE OF 79.72 FEET TO N IRON PIN THE IN VOLUME H L IN SOUTHEAST CORNER OF SAID KORNBLATT TRACT, ON THE 'PRACT DhCDED TO D,E, WRIGHT, PAGE 975 REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; RTH THENCE NOSAIID BWRIGHT TES 56 RACT 'MINUTES A DISTANCE OF SECONDS 87.67 FEET TO ANNORON FEET EAST OF BEING ` LINE OF OF AUSTI PIN, O N THE EONTTHEN BACK OF ANCONCRET/E WALK AT9 THE NORTHWEST AN IRO CORNER OF SAID WRIGHT TRACT; EAST FEET EASTSOUTHWESTWITH PASSING MINUTES 521 33 SECONDS j '1' NCE NORTH O DEGREES LINE OF AUSTIN BUILDING ON O OF AUSTIN ISTREET WPASSING ATA 91.03FF'EETDTHE NORT WEST Tilt F A EAB TIL LIDING AND CORNER OF SAID BUILDING AND CONTINUING A TOTAL DISTANCE OF 100.0 FEET TO THE POINT OF BEGINNING CONTAINING IN ALL 0.1843 ACRE OF LAND. Nt.tYibil@ )1, N Exhibit 8 TABLE OF PERMITTED USES All uses allowed in General Retail with the following exceptions: Hotel or Motel Amusement, Commercial (indoor) Dance Hall or Night Club Theatre, other than Drive-In type Railroad Passenger Station Auto Laundry Auto Sales and Repair (in building) Gasoline Service Station New Auto Parts Sales and Stores Cafeteria Greenhouse or Plant Nursery (retail) Household Appliance Service and Repair Mortuary or Funeral Parlor Retail Stores and Shopps over 4,000 square feet ` Animal Clinic or Hos ital No outside runs or p ( Pens) Greenhouse or Plant Nursery 1 1!Yfii';]y A i .G Minutes HE Planning and Zoning Commission September 11, 1991 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held on Wednesday, September 11, 1991 at 5:00 p.m, in the Council Chambers of City Hall, 215 E. McKinney. 14 Present: Roy Appleton III, Jim Engelbrecht, Ivan Glasscock, Judd Holt, Mary Evelyn Huey, William Kamman, and Fran Morgan Present from Staff: Frank Robbins, Executive Director for I Planning and Developmentl Karen Feshari, Urban Planner; David Salmon, Engineering; Joe Morris, Assistant City Attorney] and Olivia Carson, Secretary y chairman Holt called the meeting to order. Mr. Robbins Introduced Edward Hackford of Saint Albans, Great Britain. He is the part of a City Manager exchange program in which Mr. Harrell participated in earlier this year. Mr. Hackford stated that Saint Albans has a population of 130,000 and is located north o4 London, He is delighted to be here. He agreed that Mr. Robbins that Denton is a nice town but University Drive is a problem area, There are many differences between Denton and Saint Albans. Denton has lots of space. They have a lack of space in his town. People fight over small pieces of land and want to build high rises on it. He said that it is nice to be here and he appreciates being welcomed. 1. Minutes It was moved by Mr. Glasscock, seconded by Ms, Morgan, and unanimously carried (7-0) to approve the minutes of the August 28, 1991 regular meeting. II. Hold a public hearing and consider rezoning a .18 acre tract of land from Neighborhood Service (NS) to General Retail a Conditioned on property located at the southeast corner of Austin and Oakland Streets, Notices were mailed to property owners within 200' of the sites three were returned in favor and none in opposition. Chairman Holt opened the public hearing. I Staff Report: Ms. Feshari presented the staff report saying that the property is surrounded by MF-2 zoning to the north, MF-1 and NS to the south, Office and MF-1 to the east, and MF-2 to the west. It is located in a moderate activity center. The purpose of these centers parallel many of the purposes of the major activity canters including balanced city wide growth. Oakland Street is a collector street. The proposed rezoning will not significantly change the traffic volume, There is existin5 sidewall alo~c~ the frontage of the property, Utilities are a equa I a'n i O p&Z Minutes D September 11, 1991 Page 2 10 A F Drainage in the area is currently inadequate; however, this change in zoning will not create any additional runoff as the property is already developed, The building on this tract of land was built approximately 50-60 years ago by the applicant's father. There is no history in the zoning files rezoned to Neighborhood establishing when this tract wa Service; however, it is probable to believe that when the r city zoned by map in 1969, this tract was zoned according to i the existing use of the property. The applicant is requesting a rezoning of this tract to allow for a sandwich shop serving beer and wine which is not an allowed use in the Neighborhood Service District. There is a need for an eating establishment near TWU, and there is reasonable assumption that a significant amount of the traffic would be pedestrian. The additional use would not adversely impact r the surrounding neighborhood. The other type of uses already located in the structure is a grocery store and the United Methodist Campus Ministries. This building is adjoined by another structure which is occupied by "Copies & t Things", Staff feels the public interest would be served by t allowing a small eating establishment in the area. Adjustments for a property had to yo before the Board of Ad)usto variance to the parking vegulations. The parking is considered non-conforming. The variance was unanimously approved. 1 Mr. Kamman asked if the United Methodist Campus Ministries is a church. Ms. Feshari said no. She visited with them and they do not hold services except for an occasional bible study. They are an outreach center with co-dependancy counseling. Mr. Engelbrecht asked to see the list of property owners that were notified. Ms. Feshari explained that according to State law and ordinance, notices are given to people on the latest approved tax roll. The 1991 tax roll has not been adopted so the 1990 tax roll was used. Efforts are normally made to contact neighbors and tenants to let them know of the proposals. Mr. Kamman said that sometimes people don't get lettees. Ms. Fashar.i said that staff tries hard because it is important. If someone is overlooked, the case must be redone. Mr. Appleton asked if the zoning change involves all the structures west of Copies & Things, Me. Fesharl said yes. Y~ P&Z Minutes f September 11, 1991 R A Page 3 Jf~~ Ms, Huey asked about the attached list of uses. Ms. Feshari explained that the uses listed are exceptions that would not be allowed to develop on this property. They are normally allowed in General Retail districts but might } cause problems at this site, mainly because of traffic, Ms. Huey asked the reason for condition #2 in the staff r' report. Ms. Feshari replied that the condition should be deleted because it is redundant with the list of uses. r~ti Ms. Huey asked in the establishment of a general retail district would allow on-premise beer and wine consumption, i Ms. Robbins said yes. Ms. Huey asked if the zoning ordinance mentioned that beer and wine could be served. j Ms. Feshari answered that the notices say there will be a public hearing for establishment of a zoning district. They do not list specific uses. They do give a number to call for more information. f 1 €i Petitioner: Herschel Kornblatt stated that when three of s his spaces became vacant after Recycled Books and Records t left, half of the prospective renters wanted a food 1 4 establishment. He thought the property was zoned retail. Food establishments have been located there before, He found out the property was zoned neighborhood service in kj 1969 and that is the reason for this petition. As far as beer and wine consumption goes, the citizens of Denton have approved that as legal to be served, but primarily the new tenant will operate as sandwich shop. Larry Green, 220 Sherman, stated that they started pursuing this project in May. They had obstacles with the parking and the zoning. The reason that beer and wine was mentioned is that they wanted to be upfront. They will not serve it at first but may apply for a license if it is warranted, They don't want to be a beer joint or a dance hall. They will primarily serve food. They are not even sure their restaurant will succeed. There are lots of pedestrians in the area and they will serve a breakfast menu to them. They will serve lunch to students and faculty. Metzlers serves beer and wine and is as close to campus as they are, The majority of students don't have cars. They do not want to be a beer joint. Their intention is to have food as 80-85% of their business. He and his fiancee have used to have a f; night club and they sold it. They don't want the y ieadache , Ali r r license costs $10,000. A beer and wine cense ass around 1,000 and that does not include the product or equipment. X ya• .i1 ~ bF% Pit i~ P&Z Minutes September 11, 1991 DRAFT Page 4 1 In Favor: no was was present to speak in favor of the petition. + Opposed: Terry Sparks stated that she operates the United Methodist Campus Ministries, otherwise known as the Wesley Foundation. It is an outreach of the Methodist Church. They would welcome a sandwich shop but object to the selling of beer and wine. A lot of their counseling is for drug and E alcohol addiction. They have 12 groups that meet to deal with addiction. It is not good to promote childoen in the consumption so close to campus. neighborhood too. No one made it clear to them that beer and wine sells were proposed. They thought it was a sandwich shop only. Mr. Holt asked if they have a long term lease and if they i_ 1, 4 plan to stay in the same location. t Ms. Sparks replied that there lease is year to year. They are negotiating for space on campus but they may be there a long time. They have been there for 20 years. They used to have a house on Oakland Street but sold it to TWO for parking. They moved to their present location which used to include a grocery store, pizza place, and a florist. They hold services at the student center or the Little but have counseling groups meeting three proposal is like having an AA meeting next to a har. The ,G symbolism is the same, Kay Griffith stated that she is the tenant at 1427 Oakland. She has a month to She sells books and tapes not groceries. month lease. She is both for Shed pragainst the omotes etition. She and wants her store to be safe tapes and has made her store available for groups to meet f in. If the general retail passes she would like to put in a vegetarian counter. The neighborhood is nice and safe. Maybe the hours of beer and wine consumption could be limited or the beer and wine sells could be for off-premise only, There are rules about selling to drunken people, she is involved with Friends of the Family, and if they didn't receive a notice of this public hearing saying that beer and wine consumption was proposed, the Board may be unaware of this petition. The Board only meets every so often. She ` likedmoteeinformation nrhis backgroundbin beerwanddwineo sales. Marie Charles stated that she lives one-half block from the establishment, it 1420 North Locust, Traffic is heavy and parking is limited, she does not own the property where she lives and was not notified of this case. She does not believe selling of beer would be sensible. TWO is right i 1 P&Z Minutes t' September 11, 1991 Page 5 DRAFT across the street. Noise would be increased and there would be more demand on the TWU police. There are older women that park and walk at TWU at night. This might be of concern to them and would lengthen the response time of the TWU police, A restaurant would be okay but TWU students are not starving. TWU has very good facilities. Ms. Morgan asked about the proposed operating hours. Mr. Green said they would be from 7:30 a.m. to 9 or 10 at night. Recommendation: Ms. Feshari stated that staff recommends approval with the following conditions: 1. Allowed uses be in compliance with the attached Table of Permitted Uses. 2, The gross floor area allowed on this site shall not exceed 6200 square feet. On question Ms. Feshari explained that Environmental Services handles beer and wine permits. They measure distances from schools and residences to the establishment. There is no distance requirement from TWU or UNT. Ms, Huey asked if the Methodist Ministries would inhibit a beer and wine permit. Ms, Feshari said no. Ms, Huey asked how far the Methodist Center is from the proposed sandwich shop. Mr. Rornblatt said about 50 feet. Mr. Appleton asked if staff is sure the property is zoned neighborhood service, Ms. Feshari said yes, The previous food establishments in the building could have been nonconforming uses, Mr. Robbins said that the whole town was zoned by map in 1969. There was no discussion of individual sites in the record. Mr. Engelbrecht asked if an eating establishment is allowed in Neighborhood Service zoning, Ms. Feshari said that it is with a specific use Permit (SUP) but they could not serve beer or wine, They would have to do a site plan and it takes much more time and money. I i r S M;l 1, 7-1 •i P&Z Minutes Se September 11, 1991 DRAFT Page 6 Mr. Appleton asked if they could make a condition that beer and wine sales would be prohibited, Ms, Feshari said yes. k Mr. Morris disagreed, He said that the State law does not 4 allow regulation on the basis of whether a restaurant is ii licensed or not. All restaurants must be treated the same. If the Commission wants to prevent the sell of beer and wine then they will have to turn down the request and require a till SUP. The Commission discussed the possibility of regulating the sale of beer and wine, Rebuttal: Mr. Green reiterated that his main purpose is to have a sandwich shop selling food, His location would not be any closer than Metzlers. His operation would be similar to Kahunas, South Side Grill, or. Jim's Diner. It would not be a beer joint. The windows will not be blackened and there will not be any beer signs inside or outside. He doesn't want problems with people using the restaurant as a hang out. It will be run so as to compliment the neighborhood. It will not be down ridden or an eyesore. Mr. Holt closed the public hearing. Green's operation f v. Mr. Engelbrecht pointed out that Me, doesn't apply to the zoning case. If the property is zoned General Retail then anyone can apply to serve beer or wine at this location, Holt said that he thinks the restaurant will help ~ Mr. improve the atmosphere and the businesses. It is good for ace ituwillsbeoahproblem. ServingobeerawillonotHcorrrupt'Dentonk or TWU. Mr. Appleton said that pizza and beer were sold in the area in the 70's and did not present any big problems. This will not be a bad precedent. The area needs to be cleaned up. The petitioner just wants to operate a business. others can decide on the beer and wine permit. Ms. Huey said that she is in favor of the occupancy and the sandwich shop is appropriate. It seems unfair that beer and wine is the central issue. She doesn't want the area to ! become another Fry Street. Beer sales may be managed and have not necessarily been offens9.'!e in the past but once the zoning is established, the will not be opportunity for further regulation. w y, 7 lE53'ah,i ~ P&Z Minutes September 111 1991 Page 7 PU R A F T Mr. Glasscock said that he supports the petition. 4 Mr. Kamman moved to recommend approval of Z-91-014 with the conditions recommended by staff. Motion was seconded by Mr. Appleton. Mr. Kamman asked if the parking is okay. Ms. Feshari sa;',d that the Board of Adjustments heard the 1 case and approved it, The purpose of the condition limiting the square footage is so that a second story cannot be added, or if the buildings are demolished, a new building could not be any bigger than the existing one, Motion carried unanimously (6-0). Ms. Huey abstained from the vote, i j L i 1 j 1 i f f 't ORDINANCE NO. AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT SUPPLIES OR j SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREI,FORE; AND ' PROVIDING FOR AN EFFECTIVE DATE. S= WHEREAS, the City has solicited, received and tabulated com. VI 1 petitive sealed proposals for the purchase of necessary materials, equipm©nt, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a desi<<nated employee has reviewed and recommended that the herein described proposals are the best responsible proposals for the materials, equipment, supplies or services as shown in the "Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the ma- terials, equipment, supplies or services a herein; NOW, THEREFORE, approved and accepted THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i• That the numbered items in the following numbered f bids for materials, equipment, supplies, or services, shown in the "Proposals" on file in the Office of the City's Purchasing Agent filed according to the number, assigned thereto, are hereby accepted c: and approved as being the lowest responsible bids for such items: ITEM NUMBER NO. VENDOR r AMOUNT BID 11265 ALL GRAYBAR ELECTRIC $369972.00 BID #1279 ALL C.T.C. TRUCKING CO. $46,500.00 E~ BID #1285 ALL FED FUNDS $131,925.00 r SECTION II. That by the acceptance and approval of the above numbered items of the submitted the offar of the persons submitting then proposalshforisuchcitems and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the invitations, Proposals, and related documents. { 1 I i , ,r.;1Wq SECTION iii. That should the City and persons submitting ap- proved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the accep- tance, approval, and awarding of the proposal, the City Manager or his designated representative is hereby authorized to execute the 3 written contract which shall be attached heretot provided that the written contract is in accordance with the terms conditions, specifications, standards, quantities and specified sums contained 1 in the Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted proposals, the city council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposal or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V, That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of , 1991. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: l c' DATES 09-17-91 ~i t CITY COUNCIL REPORT t T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTS Bid #1265--1500 KVA Transformers RECOMENDATIONs Council approve award of bid P1265 to the low evaluated bidder, Graybar Electric, in the amount of $36,972.00. ,SUMMARIs Bids were received for the purchase of two (2) 1500 KVA Transformers for the Electric Utilities Department. The low evaluated bidder quoted a unit price of $18,486.00. BUKOROUNDs Bid Tabulat:lon/Evaluation Sheet Memofrom Glenn Fisher PROGRAMS DEPAR ENT OR ROUPS AFFECTED: Electric Utility I EISCAL IMP CRTs 191 Fiscal Year Budget Account #611-008-0252-9222 Respeot lly submitted$ Lloyd V, Harrell City Manager Prepared bys Names Melanie A. Harden Titles Buyer i i t { ; Yk,t s r S r. t\s qS ~ ~ , 4 y f i Total Quoted No Load ToW Delivery Loss Evaluated Vendor Manufacturer Price Loss Loss Time Dollars Cost Graybar Electric RTE $18,486.00 2077 12165 17-30 Wks 16,023,99 $2'4,509.99 E Vantran Vantran $17,251.00 1680 14680 10-12 wks $217,701.84 $234,952.84 Cummins Supply Vantran $17,693.00 1680 14680 10-12 wks MOM 3.52 $238,506.52 Odom & Co. GE $160316.66 2510 15510 10-12 wks $223,192.29 $239,508.95 Priester Supply Cooper $20,253.00 1917 11384 18-20 Wks $222,761.37 $243,014.37 Utility Prod(Carts) Carte $20,447.00 1519 11958 18-20 Wks $223,710.70 $244,157.70 Wesco ABB $20,367.00 2450 13000 12 wks $237,297.54 $257,664.54 ' Preferred Sales Jimeloo $19,759.51 3090 17390 6 wks $263,045.91 $282,805.42 i {I As shown, the low evaluated bid of $234,509.99 was submitted by Graybar Electric. 1 They noted no exceptions to the bid specifications. 1 I Loss Evaluation Formula: Total Evaluated Cost = Quoted Price * 7.04 + [NLL + (TL - NLL) * 0.38) * 14.54 where; NLL R No Load Loss & TL = Total Loss f° -R&M\1265.wk3- August. 41.12@1 ~I j it CITY t 4991 AUG 16 P11 3: 08 MEMORANDUM Tot Tom Shaw From: Glenn Fisher, Engineering Associate I Date: August 14, 1991 t Subject: Bid 0 1265, 1500 KVA Substation a Transformers After evaluation, the Electric Utilities Staff recommends the acceptance of the low evaluated bid from Graybar Electric. Graybar quoted $18,486.00 per transformer for a total price of $36,972.00. 1 See attached worksheet for an evaluation of all bids received. R&M/1265.mem cc: Bob Nelson, Executive Director of Utilities Ernie Tullos, Director of Electric Utilities Don McLaughlin, Electric Engineering Administrator s ~ ...-t-t~ry}nr...rl±r'!~N+."T!F'•!: n, -•r-m!.... r^ -rs n•'~^+*n'.i"i•, '•s••'FT:ci InK~i:TRfl~l~K~i~t,'.n • ••--.q. n' if t t DATE: 09-17-91 i CrTY COUNCIL R p0 T ~I a T0: Mayor and Members of the City Counoil FROM: Lloyd V. Harrell, City Manager 1 SUBJECTi Bid 01279--Lowboy Trailer (100 Ton) RECOMMENDATIONS Cuunoil approve award of bid to C.T.C. Truoking Co. in the amount of $46,500. SUW&RYi This bid is for the purohase of one used 100 ton lowboy trailer designed to transport equipment iuoh as a substation transformer. HACKOROUNDs Tabulation Sheet Memo from Ray Wells PROGRAMS, DEPABTtZNT OR OROUfs AFFE T s Eleotria Utility FL.C&A1. IMPACTi Eleotrio Utility Bond Fund Revenue Aooount 1612-080-RB904001-9217403 Reapeo lly ;Usubmithed3 L1 d V. Harrell City Manager Prepared byt r Name: Melanie A. Harden Title: Buyer L,- f ~ s 1V ~yq;(ff. Apr DA4iM/!'. HHH r: I I I { BID 1279 E I ?~s I I BID NAME LOWBOY TRAILER ( CTC I i f (100 TON) i I f OPEN DATE SEPTEMBER 5o 1991 I I I I ~ F ! I QTY I ITEM DESCRIPTION I VENDOR i VENDOR VENDOR I 1 I I I 1 i LOWBOY TRAILER I $461500.000 I 1 t I I 1 I I 1 r~ 7 - ,7. r: r/~. -nrt~~ ~ w•M ~rr7 f!tilwx/T^r~rn'~• r r n' ~L~~~1Y"R/i!`!fA Ysv~}f.!T!RlfKTF'.YrPYM'Ir11 i i .uB.ir.h.YS Icy CITYotDENTONMUNICIPAL UTILITIES / 901 -A Texas street/ DentomTX76201 +,z f M E M O R A N D U M TOt Tom D. Shaw, C.P.M. Purchasing Agent FROM: Ray D. Wells, Superintendent Electric Metering/Communications/Substations h DATEt September 9, 1991 SUBJECTt Hid No. 1279 - Lowboy Trailer We recommend acceptance of the bid submitted by C.T.C. Trucking Co.► Dallasr Texas, in the amount of $46,500. This is low bid, (only bid), meeting specifications. We request that this be placed on Council Agenda at the most convenient date. This is R Capital Improvement Project, (C.I.P.), Electric Utility Bond Fund Revenue. fi Respectfully, Wel s► Superintendent E1 trio Meteriaug/Communications/Substations RDW:pkl cos R. E. Nelson, Director of Utilities E. H. Tullos, Director of Electric Utilities 0 . w _ N u t f ra Y.~ r 3 iLJ { K R;j t7 CITYof DENTON MUNICIPAL UTILITIES/ 901•ATexas Street / Denton,TX76201 M E M C R A N D U M TOs R. E. Nelson, Executive Director of Utilities FROMs Ray D. Wells, Superintendent Electric Metering/Substations/Communications DATE: September 11, 1991 SUBJECTt Bid No. 1279 - Lowboy Trailer ~ GOi:G.-. a v'-..~ ..ter-~ ___~.~.~n... Ernie relayed to me, (this date), that you had several questions pertaining to the purchase of the lowboy trailer for mobile substation utilization. The questions he mentioned to me weres Question 1s) Why are we buying a used lowboy trailer? Answers) We can't afford to pay the price of a new unit, and only use it one or two times a year. (See attached quote on new comparable unit). Question 2s) How much would it cost to rent a unit? Answers) If we elect to pay rental on this unit, we would owe $42,600.00 as of this date, (our ' cost to purchase, $46,500.00, this date). We have no choice here. We either pay rental or purchase, and we have had this unit for 426 days. Question 3:) How much is crane cost for loading and unloading to a trailer should we rent one only when the need arises. i , Answers) Crane cost is $180.00 per hour, (it usually 1 takes 8 to 10 hours for a load, transport, and unload). This would be $1,440.00 to $1,800.00 per load and unload trip. We would I also have truck and Lowboy trailer cost at j $100,00 per day, and $75.00 per hour tractor rental. 09111127 1 ~11 %.i. i Sid No. 1279 - Lowboy Trailer II ° Page B I trust this answers your questions, but I would remind you that this purchase was a C.I.P. project in the 1990-1995 C.I.P. We _R discussed and decided a year ago to proceed in this manner; our ultimate goal being, to have a mobile unit which could be use(; in ;j any of our substations as needed, plus being available if needed to our neighbors, Garland, Greenville, etc. Respectfully, F i` Ray Wells, Superintendent E1 •ric Mletering/Substations/Communications RDWtpkl co: E, S. Tullos, Director of Electric Utilities i, i I I i 09111127 - j F S •Y i o .:'M,,. l Fkuo I'IUrLt"tk N H7:+Ullriltth IU;ilble3d37334 SEP lt, 1991 11;43Nl 14372 P. W2 1 k p,p, Box 20241 DAUas, 7600 16220 (214) $60.1181 Soptkmaar 1f, 1991 Mil. Ray W011U City of DMntorn 4;lectrice►1 plepnrtrneY,t Dceer Mr. Wpl is e All psr• Cur' previ~..,.ra nt+nversations the "vital raltw Aprwor,ient Cri thel 1,.}wboy troilrar is $100 per dAy. tho trailWN h4li bsOtl s?r,gayetl by yt+u fir it period of fc,urtven (Onths or 426 days+. If you have .Any questions or "quire further lnformati.nr ploAse cio not hwsitoto to contmat roe at my office. Tharik yt,u agpir, fr.,r Yu~rr bugtnass. I took forward to wov%kir,q with yp:,u &Qoln ir, tho fUt.Urs. p Vary truly your*~, 4Drlark 1)MC/urfa ,k ^'c M i 5 } I , I "rRiJh}; f•f.lt~l.tn tr ha~u~,iH i nu I u i A 0 JU~I . JJ-• _ - t' cum [PARR QUOTATION ~ Eoulrom mir CQ YOURCAT6RFILLAAs OMEN DALLAO • FT,WOATH • LONGVIEW • aHIMMAN10114Ie0N TEXARKANA • TYLER * WACO • WIOHITA FALLS Januar} 24, 1A91 MOW P. 0. Idox $40790 1f►•a2 ►Prdk>n Alto t Dail" , Texas 7b334a078$ CTO - Clark '[t stup,rtaat•too part' f:quipMent arm P.04 t+ox 29247 Grua _ , C411", 1'exra 75229 I 1!Aft t 214.462w7G38 • JW ~ L I Prim quowd m fl►m fer r period el,..,___tley+, JIM Smith, pS~ Alea AM,~Oe(sac ! I •GUANTITY GLnCM11T10N ANUMO[A W~14HT L'Rt, UNl! !'111Cr i%TINIION One Slew 1.oed King 10001M ^ M"honieai betachsble Saor=neek trailer, 100 tun O"citys 261 dleok, 916" %ides awtri*tsra for decl„ 1182405 vial tires, Bt+dd Rise, $4" axle spottat, 221 Soostaeck, 141111 spread tot rear bwater, Tod" lode stinger/ with Load Klee suapensiou. 3i~t tA0,04 I Ufte New Load 1ti.taa ttt1101)lpD Helper r Dolly, three attl+, hydroultu € tmer fifth whCe1, 141111 inner l;gdlr►ls, „ "It spaci.lwo 11FR24.5 Budd ritwl 34,2<0,4w1 1; w~.. r..r~rtiw 7ratsl price t160,4.t0 0 l':-eight to Darr 1,x00,AA sicl,9aa,on Plus 12% Ytderel Uoiee Trx 1 , I poet•11" brand tex IrAnOMR191 Morro Td71 • pf IN1~1a AMM M Y 7 j lc;01 16( 11 d35 1d , 4 I I DATE: 09-17-91 CITY COUNCIL REPORT TOi Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Bid #1285--Disk Drive RECO .NDAT,I2X: Council approve award of bid to the low bidder meeting specifications, Fed Funds, in the amount of $13,925.00. SUMMARY: This bid is for the purchase of a refurbished disk drive for the Information Services Division mainframe computer. The equipment is guaranteed II acceptable to the IBM maintenance agreement. BACKGROUND: Tabulation Sheet Memo from Gary Collins Data rooessing Advisory Board Minutes PROGRAMS. DEPART yTOR OBOUPS AFFECTED: Info. Services FISCAL IMPACT: 191 Fiscal Year Budget Funds Account /100-044-0080-8521 Respect ily submitted: Ll d V. Harrell li City Manager Prepared bye { Name: Mela ie A. Harden Title: Buyer 1 I ~s K t ~ M BID f 1285 I I I ' I I I i BE NA1E DISK DRIVE I FM RM I CO MM I omPlflO 1 OCbM N I SUN I MUNDIS I I Ir1c, i ARRANMMM I 1&MV I FBJANOIN.. I CGIARER I I I I I I I I LEAST I OPEN DATE CEP117m 106 1991 f I I I I I Co. I 1 I I i I i I # I Qly 1 I'f1 DESCRIPTION I VENDOR ( VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I ~ .I_I I I I I I I ~ I 1 I I I ! I i I 1 1 1 1 04 V* DU9C DRIVE I $131925.000 I $141672.000 I $16,700.000 I N/B 1 $15,900.000 I $15,900.000 1 1 I I FtNJEEI. AM WM aWNEI. I I I I i I I h I I CoE I I I I I I I 1 I DEI.Im I 30 DAYS I 60 DAYS I I - 1 30 DAYS 1 14 DAYS r 1 1 - P t } r , 1 I i ~ i ri CITY of DENTON, TEXAS 215 E. WKINNEY / DENTON, TEXAS 76201 / TELEPHONE {817} 566.8200 l< ~ +~~'~tORAtiDOM To: Lloyd Harrell, City Manager groin; Gary A. Collins, Director of Information Services Dates September 11, 1991 Subjecti Acquisition of Computer Hardware t Based upon information we received at the AMS conference in Auguste the new release of the LGrs rinancial system will require additional 40% disk space. Additionally, we received an announcement from IBM on August 26, 1991 that in dune 1992, they will stop providing maintenance support on all 3370 disk drives. I am recommending that we acquire a used IBM 3380 disk drive. This disk drive will allow us to meet our increased disk requirements and start our migration away from the old 3370 disk drives. The Data Processing Advisory Board at their September 10, 1991 meeting, unanimously approved a recommendation to council to acquire this 3380 disk drive. Based upon the information I received from the 8lectrio utility Department, there is an urgent need to acquire an additional GIS workstation. I am recommending that we acquire an additional RISC 6000 because of compatibility requirements with our existing hardware and software systems. The Data Processing Advisory Board at its Septembethe0city91 meeting, unanimously approved council to acquire the RISC 6000 workstation. If I can provide you with additional information or can be of further assistance, please i Gary Collins Director of Information Services i , t Sj -t ,i , ' A MINUTES OF DATA PROCESSING ADVISORY BOARD MEETING OF SEPTEMBER 10, 1991 1 s, MEMBERS PRESENTS Jim Kuykendall, Bob Minnie, Brian Scott, Don Edwards 1 MEMBERS ABSENTt Cengis Capan OTHERS PRESENTS Gary Collins Don Edwards made a motion the minutes from the August 12, 1991 meeting be approved. Brian Scott seconded the motion and it passed unanimously. Gary Collins discussed the need for acquiring a 3380 disk drive to 'I satisfy the increased disk requirements of the LGFS system and to start moving from 3370 type drives due to IBM's decision to no longer maintain these disk drives. Brian Scott made a motion the board recommend to the City Council the City acquire the 3380 disk drive from the low bidder Fed Funds. Don Edwards seconded tha motion and it passed unanimously. Gary Collins reviewed with the board, the information provided by ~ the Xlectric Utility Department regarding the need for an additional GIS workstation. Don Edwards made a motion the board recommend to the City Council the City acquire another IBM RISC 6000 as a GIS workstation for the Electric Utility Department. Bob Minnis seconded the motion and it passed unanimously. i I a 4 ~1 1 1 ^i X ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PUR- F CHASES FROM REQUIREMENTS OF COMPETITIVE BIDSI AND PROVIDING AN EF- FECTIVE DATE. i` WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopoliest films, manuscripts or booksi electricity, gas, water and other utility purchases; captive replacement parts or components for equipmentl and library materials for a public library that are available only 5 from the persons holding exclusive distribution rights to the ma- terials; need not be submitted to competitive bidsl and x WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, a THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-1. That the following purchases of materials, equip- ment or supplies, as described in the "Purchase orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 15873 I.S.K. $35,431.26 i 15977 MOTOROLA COM MICATI011 935,950.00 15868 AMMICO MAR&GEM Pt SYSTWsIRC. $730425.00 k ti Y 4 Es SECTION 12. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION III. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. F I` 1 s i SECTION IV. That this ordinance shall become effective immedi- ately upon its passage and approval. it PASSED AND APPROVED this the day of , 1991. BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERSO CITY SECRETARY BY: C APPROVED AS TO LEGAL FORMx DEBRA A. DRAYOVITCH, CITY ATTORNEY BYE f i i ' ...r..... . .•r....n+i,:m-.on:r~.r.,~.-'.a r... r.+t~!n.ca- yy tl a R4. `iY T~ r DATE: 09-17-91 CITY COUNCIL REPUR~ TOi Mayor and Members of the City Counoil FROM: Lloyd V. Harrell, City Manager '3UBJECTs Purohase Order #15873--IBM Corporation REOOKMENDATIONs Council approve purchase of a workstation including display, disk drive, and operating software from IBM Corporation in the amount of $35,431.26,, $UMMA$rs This is for the purohase of an additional IBM RISC/6000 workstation for the oI8 system in the Utility Department. It must be compatible with the existing system and is therefore a sole souroe~ item. BAQKQRQUNDs Data Prooessing Advisory Board Minutes l Memo from Utility Department r Purohase order #15873 a PRNRAMg,.DEPARTMENT OR OROUPS AFFECTED: Utility Admin. FISCAL IMPACT] 191 Fisoal Year Aoaount #610-08u.0256-9229 Respeotfully submitted: 4 L1 yd V. Harrell City Manager Prepared by: Names Melanie A. Harden Titles Buyer i i ' f 7 r CITY of hENMN MUNICI PAL UTILITIES / 901 •A Texas street / Denton, TX 78201 ea i MEMORANDUM Y: > TO: Gary Collins, Director of Information Services FROM: Glenn Fisher, Engineering Associate I 16r DATES September 4, 1991 SUBJECT: ACQUISITION OF RISC 6000 aassssssassssasasssassa0==an no man a==== aaaam son=s a ssmaans We will be receiving the land base pilot area from Geonex an September 16. It is expected that this contract will continue, and we will receive the remaining 524 tiles within 30 weeks. To properly check this information and to effectively utilize it in the future, the Electric Utility Department plans to purchase an additional RISC 6000. Funds for this purchase have beers budgeted in the 1991 fiscal year. GFttn 04041284 cc:, R. E. Nelson, Executive Director of Utilities E. B. Tullos, Director of Electric Utilities Don McLaughlin, Electric Engineersag Administrator 1 i T_ T 1 a f i i MINUTES OF DATA PROCESSING ADVISORY BOARD MEETING OF SEPTEMBER 10, 1991 r; MEMBERS PRESENT: Jim Kuykendall, Bob Minnis, Brian Scott, Don Edwards MEMBERS ABSENT: Cengiz Capan OTHERS PRESENT: Gary Collins Don Edwards made a motion the minutes from the August 12, 1991 meeting be approved. Brian Scott seconded the motion and it passed unanimously. Gary Collins discussed the need for acquiring a 3380 disk drive to satisfy the increased disk requirements of the LGFS system and to start moving from 3370 type drives due to IBM's decision to no longer maintain these disk drives. Brian Scott made a motion the board recommend to the City Council the City acquire the 3380 disk drive from the low bidder red Funds. Don Edwards se0ondedthe motion and it passed unanimously. Gary Collins reviewed with the board, the information provided by the Electric Utility Department regarding the need for an additional GIS workstation. Don Edwards made a motion the board recommend to the City Council the City acquire another IBM RISC 6000 as a GIS workstation for the Electric Utility Department. Bob Minnis seconded the motion and it passed unanimously. b I 1 ~ kl ' THIS IS A - r r ~I a." v r yr v, , a.irw CONFIRMING ORDER. ~r PURCHASE ORDER NO PC '15673 number must appear on all y $lips, cases, " (IF MARKED) iThisrnnfces' deliv~ . 'r DO NOT DUPLICATE dns,r boxes, pad!N slips and bills. ; Bad No; Date,. 09, 10 : 1" Page No. r.. 01 Req No. 1 PIJRC14ASING i VNDOR 817/983•~fDOSD/FWMETRO8 1 7/267800EET 42 / 76201 AX8f lJ824692 LAME! I8I<t COTIPORATIGN DELIVERY CENTRAL RECEIVING S1S 1DDRESS 1605.' LBJ FREEWAY UTILITY ADMINIS?RATION 5TH FLOUR ADDRESS 901 B TEXAS•ST. DALLASr TX 7E234 DEN70N•-7X 76201 , ATTN• L17A CALDWELL VENDOR NO II I49000 • DELIVERY " 12 31 91 FOB TERMS DESTINATION ' at f , Ol 1.A00 RA /1 VENbUR tAT~ / N`% A MFG NAME. MODEL '520 1,. F 09 G78r~OQ 309578re0 r r;'• -CITY 10 20513 , _ . , POWER SERVER IBM 12)S~G 5YSVW6000 :KITH 150M BSfTE~'YAP~ "8RI E . !f 'r /2-857. "!}487E" FIXED bISKS.2 M °bYTE SYSTEM MEMORY n , r /r li ",-1 1 I i .t ,rf I' r1 1 t 02 1.000 0EA VENDOR CAT* N'l A MFG NAME ~ •76t5r000> 2s765s00 CITY 0`20587 "II tl~ i1 ,6091, MODEL.I9.DISPLAY J` 98 087rA6p~ 2s087 03 11000 ' SA VENDOR CATr it N 'I A MFG NAME CITY p 20)968 x n' '•AIX V*3 OPERATING.SOFTNAt7E E$RI;PrOr 7 l," 1 p , i i f l is e' tlt 1 11 1 , , 1 .35i43lr26 . PAGE Tt]TAL GRAND TOTAL 38r431r2E at 610: Obb 0256 9229 35.431r26 Ir I , " VtNbOR INSTRl1CTIONSt 3. Terms Net 30 ~Unlees ahrrwbe Callon i r •a• 1 Send orlplnal hwoloe with duplicate copy. Sfilpping Instruct ono, C.O.B. Desllnallon prepaW tuh*sm dne *w ewww) )3111 to Accounts Payable 6. No federal or state holes tax shall be Included i 216 E. McKlnnoy 91. In prices bliled. 1 r,,, „h Rlrchaslnq blvislon ~n=rsr r<h tj f DATEt 09-17-91 CITY COUNCIL REPQ iLT, TOt Mayor and Members of the City Council to FROM: Lloyd Y. Harrell, City Manager SUBJECTt Purchase order 415977--Motorola Communications RECOMMENDATION: Council approve purchase of a telephone interoonnect system from Motorola Communications in the amount of $35,950.00. SUMMARYt This is a sole source purchase for equipment to interface with our existing Motorola nOOMHz radio system. It will enable radios to be used as 1 mobile phones, thereby phasing out the leasing of 1 cellular phones. BACKGROUND: Memo to E. B. Tullos quotation from Motorola Communications Purchase Order !15977 PROD - DEPAR=T OR GROUPS AFFECTED: Communications FISCAL IMPACT: 091 Fiscal Year Account #610-080-02511-9227 Rasp 1l'Y/sub ed t v 01 14 Lloyd V. Harrell City Manager 1 Prepared byt Name-met' Mel ie A. Harden Titles Buyer ......yrnp•an+KSbT' pRiv>AXw..9 N+t,{,•nR ...,~r..._.. ~T.r wNre+~r!c!{}Qti. _ 54pW173t j r rr ~ r f' LI `V X991 SEP 14 CITYofDENTONMUNICIPAL UTILITIES / got -ATexasstreat / Denton,TX78201 M E M O R A N D U M TOs E. B. Tu11os, Director of Electric Utilities i FROM: Don Byrd, Foreman/CoitA:unicatlOns DATE: September 9, 1991 SUBJECT: Telephone interconne,:t --'----uaaaec~m =amsasnee==a:a=n=°-aa:ea=a_-~ The proposed telephone interconnect system for the City's 8009Hz trunking is a single source item. compatibility it is necessary to purchase this equipment from i Motorola Communications and Electronics. Regards, Don Hyrd, or an/Communications DH:pl cat R. E. Nelson, Director of Utilities Ray D. Wells, Superintendent, Electric Metering/Coomuniuatione/Substations cl'A ~1. o ~ rW 3 ~ ,Ga.,cd ow ~ s~ ~N A764 eJA ~ 1 { Addr" Reply la P.O. Box 81 WO D*1Iu. TX 7Mi MD Moo" (214) 888$700 Cornlrafto and Ackooks We 9-b-91 ' Denton City of 901 Texas Street Denton, Texas 76201 Reference: Telephone Interconnect NclOpvwnt Dear Don BYrd, the present smartnet I SYstBm expand a The tn1J.awSg list of equipment will to bavin4 Talaphone interconnect capaoilitY• The following list is separated into `►oard level pricing lot: Your convaaience. It you have any questions on the following o v.iozent list or how it will interface with your existing backbone structure please do not hesitate in calling me or G aq eimnacher, 914-6811-6849/817-761-8692. i S repoy yd s i e la t c aunt. cutiva rrernften Markets Division lldontolin.wps E Algonquin Rd Schaumburg, }L 80199 1 43fl 4 7,. csaaaa° 1 `k Addrm A.pty W P.O, Box 619049 DAIIM, TX 76391 /r/Q'~ 1QJrt, .N (214) 6666700 y; Ccmmwik dws and E*Wwks I= k' FrxOe-2 ITZM QTY MOCRIPTTOR VHXT 87[TEnso CoNMCT/RF'; 1, 1 vusa& prMCOMIRCT 936#690.00 93b,820.00 $331040.00 TXIN%M 1. 5 Ttx"3016A Com"cT 320.00 $1, 600.00 $1, 350.00 Tow OICODZRs < 3. 1 L11S1A TELCO Ln8 $1,767.00 $1,767.00 $1,302.00 IKT1N`ACIi 46 1 TXK-B674>I CABLE 103.00 103.00 $98.00` g, 1 SOZrTNAIti;/BxBBTEClI 900.00 904._ An 8900.00. TOTAL COST $410190.00 Ryp COST.... 950 0...............$36,.36.960. %xsTALL/OPTXXZ%XTX0N $1.600.00 , 00.00 6. 1 T4067A OFT. SPARE$ $14#350#00 414 390.00 814.360.90 R" COST.... .....s319,i97.00 $12,197.00 ~t. 80196 - .-.,..,..._.t.~..._•_-•.:,,.,r.-.~....p,.o.r.~-.,c.-'S,-r....,..,S.,r.....,.._..-.,_.1..,ti.,.-.r......rm....-.. ~...wv.~,y.,...~. ff5'rT i':.. 7'!.:!.~7^'RaR7j!S•_ 1 1 r THIS IS A l.ll l ul VLJvj VIV, IL/v'N JXX CONFIRMING ORDER PURCHASE ORDER NO This number must appear on ell PC 169 (IF MARKED) Irnafces, delhwy slips, cases, . 77 ctrn, boxes, packlnp syps and Nils. DO NOT DUPLICATE :.01 SM No: Date , 04 , 10 ,91 ' ~ Req No; Dv. ID IENDOR PURCHASING DIVISION 1901.8 TEXAS STREET /DENTON, TEXAS 76201 1AME/ 8171383.7100 D/FWMETRO817/767.0042 FAX817/382,4697 MOTOROLA COMMUNICATIONS' 1DDRESS ATTNS JIM MANTOS DELIVERY CONFIRMATION ONLY C37 3-20.BELTLINE ROAD ADDRESS COMMUNICATIONS 6201 DALLAS. TX 75234 DENTONERAS ST I 1 i' 1 5 1 VENDOR NO. DELIVERY QUOTED FOB TERMS DESTINATION . MOT5250009 15 91 01 1.00 EA VENDOR.CA7. iT51188A i ICF6 NAME 2►090~000 32rG90.00 CITY 20513 „ ;1 I I,~rl I+~, e 0000. P INTERCONNECT TERMINAL I I 11 02 . A .VENDOR"CAT. 41TLN3016A MPG>NAME 7 2rd00` 1ra60i00 CITY.& 20513 r' ' yr 1 t', r' I+, r; ;I llr' ' ;'CONNECT TONEDECUDrERS p ! :il ! 1 0~j 1.000 " BA VENDOR CATa 40161A MFG, 'NAME t 1it502+008' 1r50~.00 CITY 0 20513 TELEPHONE LINE "INTERFACE 04 1►000 8A VENDOR CAT• iMTKN B$743 MFG NAME 98.dd0'I~ 0ar00 . 20513, t 1 I,r1 t i 1t CITY 1$ $0' ABLEy .1 j. i. ti r r, , 1 1,~1 ~1 V r , ! f 'i , 'r: 1 i 1 , I l 1 c I. f i t 05 .1.000 EA VENDOR CAT. M N A MFt3 NAM>: 9000000 r 900.00 ' CITY it d513 a ,1.1'r t 1 2 " SMARTNiT CONTRbLLER SOF7YlARE ' 1 l .f •I 'l ' I ' l' r ' .I L i IAdE TOTAL 3 '35r9!v0400 GRAND TOTAL 2 350960+00 01 610 ' 630; 0254 9227 36 s 950.00 VENDOR INSTRUCTIONS: 3, Terms - Net 30 IU*ss otheivme Wedfledl _ i 1. Send odpinal Invoice with deplicole copy. 4, 8hipping Inatructlons: F,0.8, DestEnelbn prepaid IUnbe! otl a xiea wec+r ad? 9,1IM to Accounts Payable 6. No federal or state sales lax shall be Included F nchnslnl} pivlslan 216 E, McKinney St. In prbes billed. M'o-, Ty 7r0h1 Vp~11'lll'+ i j 1. t/ t liGR t E: E. 1 IS DATE: 09-17-91 TO: Mayor and Members of the City Council FROMI Lloyd V. Harrell, City Manager E~ SUBJECT: Purchase Order !15868--AMS RECOMMENDATIONS Council approve purchase order 115868 to American Management Systems, Inc. (AMS) in the amount of $73,425.00. i SUMMAM This purchase order is for the mainframe computer software maintenance fees through July 31, 1992. It is a sole source purchase becauso this is proprietary software. BACKGROUND: Memo from Gary Collins Purchase Order #15868 PRnnRaMS_ DEPARTMENT OR GROUPS AFFECTED: Information Svos. ZtSCAL IMPACT: 191 Budgeted Funds Aoct. #100-044-0080-8521 lly submitted: t rrell 4odq(Vj.~~Ha anager City M Prepared by t Q , Names Mela ie A. Harden Title: Buyer 1t I , . i~p•... pp ..o..,. _.-~-v...retattsto-trcroel`K'r+.-...•...,«~.c-rm>:n...tT-•.n-...r.r^-;,...-.-t~gtY.`afn.\1by....•p.wnstr y c [7 CITY of DEJIITON, TNXAS 218 E. MoK1NNEY1 DENTON, TEXAS mot / TELEPHONE (8179 688.8200 r 3 Ir , ~ , ~1,.~MORA19.Dt7M r.~ To: Lloyd Harrell, City Manager Fron: Gary A. Collins, Director of Information Services , Date: Septembar 11, 1991 Subject: Software Maintenance Agreement on LGF3 The annual renewal of our software maintenance agreement with American Management System (AMS) for our Financial System (LGFS) is now due. This agreement is consistent with our philosophy of purchasing software and receiving annual updates, software corrections and assistance from the vendor, The Data Processing Advisory Hoard at its August 12, 1991 meeting, unanimously approved a recommendation to the City Council we continue this maintenance agreement for another year. If I can provide you with additional information or can be of further assistance, please give me a call. Gary . Collins Director of Information Services i e.;I.rrq+}rT'f^: ^...uYrr.H1t.Y,['gq' ..r_ rn!, .a r.. rn. i. e J. lyre r . r. ;>NaaV tr i VT MINUTES OF DATA PROCESSING ADVISORY BOARD MEETING OF AUGUST 12, 1991 s MEMBERS PRESENT: Jim Kuykendall, Bob Minnis, Brian Scott, i3 Don Edwards and Cengia Copan V MEMBERS ABSENT: None OTHERS PRESENT: Gary Collins Jim Kuykendall made a motion that the minutes of the April 51 199, and May 13, 1991 be approved. Bob Minnie seconded the motion and k. it passed unanimously. Gary Collins reviewed the proposed budget for the 91/92. Gary Collins discussed the various line items aof ythe proposed target budgets for both Data Processing Processing. Additionally, Gary Collins explained in detail each of the supplemental packages requested as well as the s accounts for 8502 Special Services, 8521 Licenses, 8522 Schools and Seminars and all fixed assets accounts. No action being required of the board, none was taken. Gary Collins explained an election of the term of the chairman had expired. chairman was needed Bob Minnie nominatediJim Kuykendall for chairman at►d Brian Scott seconded the nisiination. Cengis Copan moved that nominations be closed and Brian Scott seconded the motion. The motion was approved unanimously. Jim Kuykendall was named chairman by acclamation. Gary Collins discussed the services the City would receive by continuing the software maintenance contract with American Management Systems for their financial systems known as LGrS. Bob Minnie made a motion to recommend the City Council continue our maintenance agreement with American Management Systems. Cengit Copan seconded the motion and it was passed unanimously. There being no further business the meeting was adjourned. I a ~ T 1 i CONFIRMING ORDER PURCHASE ORDER NO; PC 15868 This number must appear on all (IF MARKED) lovolces, delivery sllpe, Mae. DO NOT DUPLICATE ctrna., boxes, packing slips and blifa, Req No: Bid No: Date: 9-6-91 Page No, 1 ! /~hBTEXASSTRffT/DfNTON,TE.XA576 NDOR AMERICAN MAtIAGFIiENT SYSTEM, „ INC',PUI7CHASlNG DQ1 ; 8f7/383J 00 D/FIF 201 WMfTRO817/?67.OU12 FAX8f7/3824692 ''•r ' ME/ 1777 NORTH KENT STREET bEUVERY IDHESS ARLINGTON, VIRGINIA 22209 INFORMATION SERVICES - ADDRESS B McMney'Street 324 Denton, Texas 76201 VENDOR.NO. AME42000 DELIVERY QUOTED FOB Destination'.. TERMS 3) ,i., 01 )1 EA MAINTENANCE FEES FOR AUGUST 1, 1991 thru JULY 31, 1992. l #73,425.00 ; 73,425.00 I ,1, 111 l I ' (II I 1 I c ra`I ' ' „ r ' i. t I rl ! '11 11 I II -yj r.. 1... r ! l 5.,11 ...1 ,I , !1 r e I . , • ! 1 I 5 i 5 I t. 1 .:I ' ' ill l M 11 1 , 5~ lf, f. i I'II , I 1. , ' I r... 10 rllli , 1E i,....., . 1 `II I I' I~'!41 l l,l' 'yl9 11,11 I 1 1 it 1 1 _ I rlir 7, f 15 111. GRAND TOTAL $73,425.00 ~T1,400 I INSTRUCTIONS; 3. Terms - Net 30 tu*q olherwMe K*d%d 1 . 1: Snnd orbinal Invoice wilh duplicate copy, 4. Shipping Instruollons: F.0.13. DesUrfalW 00* fude+e otlw*%a ao"N dl , ' 11111 to AccamM F'aeyable b, No federal or stale sales tax shall be I 216 E• McKinney St. in prices Wed. rchasing Division n~nlr,n Tx 7r;on1 1/E~Innft ' 1 J September 17, 1991 CITY COUNCIL AGENDA ITEM TO. MAYOR AND 14MERS OF THE CITY COUNCIL ~v FROM; Lloyd V. Harrell, City Manager RE: CONSIDER AMENDMENT NO. 3 FOR ENGINEERING SERVICES ~V BY FREESE AND NICHOLS, INC. FOR SPECIAL _ IMPROVEIMI1'S AT THE n,VTLEE FIELD ROAD BOOSTER i s PUMP STATION. 3 5 RECOMMENDATION ; The Public Utility Board at their Meeting of 3/27/91 recommended approval of Amendment No. 3 for an amount not, to exceed 113,900 bringing the total engineering design fee to $266,935. SUMMARY 1 x Freese & Nichols, Inc. is in the process of completing the detail design of the Hartlee Field Road Booster Pump S`.ation. Refinements are made to the preliminary 1 design during this phase as well as preparing the " construction drawings and specifications. The Water/Wastewater Engineering Staff meets with Freese & Nichols monthly to review design and consider possible improvements regarding construction costs and operation and maintenance costs. At the review meeting of ftbruary 1, 1991, staff identified three design adjustments resulting in lower total costae - Bridge Crane - Variable Frequency Pump - Fire Sprinkler System A bridge crane will allow movement of various parts around the pump roam in a smaller building. Without a bridge crane, the building must be at least four feet wider to accommodate a portable hoist. The crane is estimated to cost $20,900 compared to $18,000 for additional building cost. The pumps will be lifted by a portable crane with access trough the skylights. 10, ii CITY COUNCIL AGENDA ITEM PAfJ1E 2 A variable speed pump will improve the ability to pump into the distribution system economically during a variety of demand and pressure situations. Historically these variations have been sat umpsd of switching back and fourth combinations thereof. Until different sizes or in the water industry , recently, variable speed pumps required extraardinary expertise to maintain and requirad sophisticated controls and control housing. „ Technological developments have rendered theses systems advantageous to the purposes of the water industry. Inclusion of one variable speed pump in lieu of one constant speed pump and the related controls increase the estimated constructions cost by $50,000. The fire sprinkler system is included at the request of the Denton Fire Department, This facility is outside the city limits and not subject to local building codes. Fire sprinkler systems are not coommVery included in buildings of this nature. environmental concerns, chemical storage, Denton's growth, neighborhood protection, etc require that any possible mishap be controlled in the most expedient: manner possible. A fire sprinkler system in portion of the building will accomplish this purpose. The estimated construction cost is $5,030. BACKGROUND on February, 16, 1988, the City entered into contract with Freese and Nichols, Inc, for design of the Hartlee Field Road water storage facility and pumping station and associated pipelines to tie into Denton's existing system. The contract is based on tb~j actual amount. The contract addressed the Scope of Work for several phases of engineering. The engineering fee for each phase is negotiated as a phase is initiated. The various phases are preliminary design, detail, bid and construction. The preliminary design phase was included in the initial contract document at a fee of $122,200. Amendment *1 was approved on November 7, 1989 for a fee of $147,850 and was for the detail design of the Hartlee Field booster pump station, steel above-ground water tank and the 42" system pipeline tie-in. Amendment No. 2 modified the detail design phase to 1 include additional items as agreed to in the "Letter of { Intent" between the City Council and the Hartlee Field Road neighborhoodfor a Amenddmeent $1. 2 wasrapprovedton June 19, 1990, maximum contract fee to $253,535. I x I R CITY COUNCIL AGENDA ITEM PAGE 3 k` The scope of work included a buried concrete tank, pump station building and a chlorine scrubber system. a AGENCIES AFFECTED Citizens of Denton, Denton Municipal Utilities and Freese & Nichols. FISCAL IMPACT See Exhibit III, "Fund Analysis", for further information. Amendment No. 3 for $13,400 increases the maximum fee for detail design and engineering services during construction to $266,935. This is 8.4% of the estimated construction cost of the facilities. t Respectfully submitted, X L E Lloyd V. Harrell City Manager j j Preparod by: I r Renee aver, Engineer Assoc. I i Approved b z f I .E. Nelson, Execut ve D rector Department of Utilities ! c Exhibit I. Engineering Proposal f Ii. Preliminary opinion of Probable Construction Cost III. Fund Analysis IV. Project Location V. CIP Detail Sheet, FY 1991 1991 CIP s Vi. Minutes Public Utility Board 3/27/91 I 1 k x649 PUB MINUTES/PAGE 25 650 I 651 11. CONSIDER AMENDMENT No. 3 FOR ENGINEERING SERVICES BY 652 FREESE & NICHOLS, INC., FOR SPECIAL IMPROVEMENTS AT THE { 653 HARTLEE FIELD ROAD BOOSTER PUMP STATION. 654 655 After a short discussion, Chew made a motion to acpept 656 Amendment #3 with Freese & Nichols. Second by Ridens. 657 All ayes, no nays, motion carried. 658 659 12, CONSIDER CHANGE ORDER NO, 4 WITH $18,655 ADDER TO 660 MARTIN K, EBY CO., INC,, (EBY) CONSTRUCTION CONTRACT 161 FOR LEWISVILLE AND RA.v ROBERTS HYDRORLEM91C PROJECTS. ~62 663 Joe Charri distributed the revised agenda item to the 664 Board, The revised amount requested for approval is 665 ;17,177. j 666 lI 667 Cherri advised that an Federal Energy Regulatory 668 Commission representativo visited the site and stated 669 that is was not acceptable for the battery room to be 670 open. Charri referenced Exhibit #3, the FERC letter, 671 rooommanding the room be enclosed and ventilation be 672 separate. The cost for this change is $17,177. 673 .74 675 April 26, 1991 25 3 1 i g;lupd0CS\freekame0 ORDINANCE NO. r, ~a f S'' AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT OF 1988 BETWEEN THE CITY OF DENTON AND FEBRUARY 16, AND NICH INC. RELATING TO PROFESSIONAL ENGINEERING SER FREESE A SZ WATER VICES FOR LAKE RA XP NDITllRE OFFUNDS THEREFORE; LSANDNPROVIDING FACILITIES; C AUTHORIZING THE E ` EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Mayor is authorized to execute Amendment ~ECT~ I?• That the May CitY of Denton and Freese and nsmis- No. 3 to the agreement between the RayandRoberts conditionst containedWater Nichols, Inc. relating tto Lake terms said Facilities under of which is attached hereto and made a part said amendment, a copy hereof. council hereby authorizes the expcn- sEQTION I. That the City rvices Thirty-five Hundred Thou the sa send Hun- reed ed Nine d funds not dred ne as amended. ' required pursuant to the Agreement,. >:CTION III. That this ordinance shall become effective 1 immediately on its passage and approval. day of 1991. PASSED AND APPROVED this the BOB CASTLEBERRY, MAYOR I ATTEST: CITY SECRETARY JENNIFER WALTERS, BY: - ------APPROVED AS TO LEGAL FORM., DEBRA A. DRAYOVITCH, CITY ATTORNEY BY ..rr. 1l 41 kT~?":GFv$y ` ~(f~pldji e:wpdocs\amend i J AMENDMENT NUMBER 3 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC., FOR LAKE RAY ROBERTS OFFSITE WATER TRANSMISSION FACILITIES , a t The Agreement for Engineering services entered into on the { 16th day of February, 1988 by and between the city of Denton t (OWNER) and Freese and Nichols, Inc., (ENGINEER) shall bo amended as set forth bolow. A copy of said Agreement, together with Amendments Number 1 and 2, is attached as Exhibit "1" and is hereby amended as follows: I That portion of the Agreement within Section III which describes Phase II is hereby amended by the addition of the following language after the paragraph designated as No. 8 on Page 7 of the agreement: e Prepare the design of a booster pump station and ground storage tank, and a pump room bridge crane system, a fire protection sprinkler system of the chlorine storage and chemical control rooms and one (1) variable frequency puuip motor drive system for the Har flee Field Road Pump station and ground storage tank facility, that includes the followings 1. Two (2) preliminary site layouts with two (2) proposed 0 pump station building floor plan and elevation alternatives. r 26 Pump station building to enclose three (3) vertical turbikie pumps with space for three (3) vertical turbine pumps to be added in the future. Building is to have appearance of a high quality modern residential home. 3. One partially buried rectangular cast-in-place concrete storage tank with a capacity of approximately three million (31000,000) gallons. 4. Emergency chlorine scrubber system with audible, visual and remote alarms, 5. Temporary off-site crushed stone access drive from Sherman Drive to the pump station site. 6. Attend six (6) project coordination meetings. j (Items 1 through 6 approved by Amendments 1 and 2.) 6 i 14y>„Sf~ f ~I 7. one 42-inch diameter discharge line from the pump station to the intersection of Loop 288 and Sherman Drive. 4s 8. The booster pump station and the 42-inch discharge line a will be bid and will be awarded to a single construction contractor. (Items 7 and S approved by Amendment 1.) 9. Design a low profile, top running, double girder bridge crane with a three (3) ton capacity. The crane will be designed to include an electric motor operated bridge, trolley and hoist. The crane will have the capacity to i only lift the pump control valve or one of the 350 H.P. motors. 10. Design a variable frequency pump motor drive (V-F-D) r system for one (1) of the proposed pumps at the Hartlee Field Road Pump Station. The V-F-D will be dedicated to only one of the pumps. Provisions will be included to by-pass the variable frequency controls and run the pump at constant speed, if an electronieal problem develops with the V-F-D controls. 11. Design a fire protection sprinkler system for the chlorine storage and chemical control rooms. , That paragraph within Section VI, Subsection B, on Page 14 of the Agreement which obligates the Engineer to submit a maximum fee to the Owner for Phase IT Detailed Design Phase Services is hereby amended by the addition of the following language: The ENGINEER shall be paid for the Phase II- Detailed Design Phase, described above in Amendment No, 3, and for the addi- tional scope of work under Phase III - Construction Phase Booster Pump Station - Ground Storage Tank described in the Prime Agreement, as set forth in Exhibit "A" of the original Agreement, Schedule of Charges, with the total fee not to exceed the amount listed below (Phase III is based on a twelve (12) month construction period in lieu of nine (9) months): Estimated Fee Pump Station and Ground Storage Tank Not-to EXC66,4 Amendment No. 3 Phase IT $ 13,400 Amendment No. I Phase IT & III 147,850 Amendment No. 2 Phase ii & 111 105,683 Total Estimated Phase IT & III $266,935 PAGE 2 I "TL If ; rd r .i Partial payments to the Engineer will be made on the basis of z monthly statements rendered to and approved by the Owners r however, under no circumstances shall any monthly statements exceed the value of work performed at the time a statement is rendered. III. ti All other provisions, terms, conditions and obligations of the Agreement between owner and Engineer which are not expressly amended here shall remain in full force and effect. Said Agreement + and this Amendment shall be construed together as a single contractual agreement, This Amendment Number 3 is executed in two counterparts, on this the day of 1991. CITY OF DENTON, TEXAS, OWNER BYS BOB CAS'TLEBERRYO MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY i f BY: APPROVED AS FOR LEGAL FORM DEBRA ADAM1 DRAYOVITCH, CITY ATTORNEY BY., FREESE AND NICHOLS, INC., ENGINEER BY. j ROBERT L. NICHOIS, PRESIDENT ATTEST: a"Aar4t SF~ ETAP PAGE 3 _ r. ~:{c~I3ZT "1" • AGRE?RENT F7R ENGINEERING SERVICES FOR LAKE RAY ROBERTS OFF SITE ;WA TER TRANSMISSION FACILITIES STATE OF TEXAS y COUNTY OF OENTON (a This Agreement made, entared into and executed this the { °f ddA,d , 19881 by and between the ti, ty off-- day Oenton, nereina tar a ea the 'QWNU6 and Freese and Nichols, Inc., ' hereinafter calla the "ENGINEER" acting herein, by and through its•reore- sentative, duly authorized so to act for and in behalf of said ENGINEER. NITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION I E.MPLOYMEIl1' OF ENGINEER The OWNER agrees to employ the ENGINEER, and the ENGINEER agrws to perform professional engineering services in connection with the Protect as stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER coeipensation as stated in the sections to follow. The Project shall include design of off-sits water transmission facilities, including transmission lines, booster pump station and ground storage reservoirs. The ENGINEER agrees to render the services under the Agreememt in accordance with the/professional standards prevailing in the Oallas/Fort Worth /MetropIox area. hiihaac SECTION II PERIOD OF SERVICE This Agreefnt shall baome effective upon execution by the OWNER and the ENGINEER and shall resin in force for the period which elay reasonably be required for the, design, award of contract, and canttruction of the Pro- Joe%, Including Additional Servicas and any required extensionsr approved by the OWNER. i .I. i T t ~ i1 h c Ii . ~9 1 SECT1l)N I(I SASIC SE.RvICEs ne ENGINEER shall render ae followino professional services far the aevelopnent of the Project: ' PHASE I - ANALYSIS AND PRELININARY DESIGN Upon execution of this Agreement, ENGINEER shall; ` a. Consult with OWNER: (1) to review the scope of wort, (2) to verify F) the OWNER s requirements for the Project, and (7) to review available data. b. Advise OWNER as to the necessity of OWNER's providing or obtaning w data or services from others, and assist the OWNER in connection with any such services. C. Provide analyses of OWNER's requirements for the project, as r verified in Section 111. Paragraph A.I.a., including planning surveys, site evaluations and comparative studies of prospective sites and solutions. d. Prepare a flow chart showing key $1 Phases I through III. The flow chart ewill ito updatednmanthly and { sent to the OWNER. The ENGINEER understands that the OWNER desires to have the ground storac,e reservoir, booster pump 1 station, and tie-ins to the City`s distribution system in operation by May 1, 1990, and the transmission line from the water Z treatment plant to the booster pump station in operation by May 1, 1991. The OWNER acknowledges that the ENGINEER is only one of the many parties involved in the project and that the ENGINEER cannot assure completion of the project by a specific date. e. Prepare a Preliminary Design Report (POR) containing schematic layouts. sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved and the alterna- tive solutions available to OWNER and setting forth ENGINEER's findings and recomiendations with opinions of probable cohstruc- tion costs for the Project, which includes estimates of contingencies and allowances for charges of professionals and consultants. Allowances for the cost of land and rights-Of-way, compensation for or dasages to properties and interest and financing charges will be provided by the Owner or others $o designated by the OWNER, all of which are hereafter Called Project costs". The POR shall consist of three Technical Remorandues (TM) or Sub-Chapters addressing the following areas; I it f r TM 11 - UPDATE ''-ATER SYSTEM ANALYSIS This task will consist of updating and revising the Ctty's •.ater system piaster plan based on cne Ray Roberts Water Treatment Plant facilities and delivering water into the northeast portion of l' Denton through a new booster pump station. The specific sub-tasks will consist of the following: 1) Meet with the OWNER's staff to verify the accuracy and review t all changes to the water distribution system since the last I computer model was input on Freese and Nichols' system. OWNER r will provide the changes to the system for the ENGINEV to } input into the computer model. Review the current and proposed operations of the system with the OWNER. (One trip to Oenton included) f 2) Obtain from the OWNER's staff updates of the napulation and/or land use projections and distribution tnrough the year 2010. (NOTE: The population projections utilized to construct dit computer model input on the Freese and Nichols system are only through the year 2000, one trip to Oenton included). 3) Obtain from the OWNER's staff water use records since the last water system anaiYeis, including water production k records, point source industrial and commercial demands, tank levels, pumping records, and system pressures. (one trip to Oenton included) 4) Estimate current and project future average-day, peak-day, maximum hour, and tank filling on peak-day demands throughout the system through the year 2010. 5) Update the computer model of Oenton's exiting water system and analyze the system based on current and maximum hour and tank filling conditions. Analysis of the water distribution systems will be limited to lines 12-inches in diameter and larger, (NOTE: Extended period simulations are no* Included), 6) Endeavor to verify the accuracy of the computer made) by comparing the results with records of actual pumping, tank levels, and pressures. (One trip to Now' included) 7) Determine ground and elevated storage requirements and pumping requirements to meet projected demands through the ' yez~• 2014. a) analyze the water distribution-system based on projected year 2010 demands and recommend necessary improvements. Evaluate the following methods of supplying the proposed upper K'ao-f-n1 Ii ~ s i pressure plane; thraugn the existing pump station at McKenna ParK; (2) tnrcugn a separate upper pressure plane booster puma station; aid (J) through the Lake Ray ,eoberts i' Booster Pump Station. (One trip to Oentan included) g) Establish priorities and develop opinion of probaole cost for recommended improvements. 1 10) ;onduct Technical Review 8oard meeting on Technical Memorandum No. 1. The Technical Review Board will consist of three senior technical members of the ENGINEER's staff. They will provide an independent review of the Analysis Phase. r 11) Conduct a work shop with the OWNER on the findings and recommendations in Technical Memorandum No. 1. Review in draft form with the OWNER's staff. (One trip to Oenton included) 12) Finalize Technical Memorandum No. I and present to the OWNER. (One trip to Denton included) Tli 02 - PRELIMINARY PIPELINE ROUTING This task will consist of evaluating potential pipeline routes from the Lake Ray Robtrts Water Treatment Plant to the booster pump station and the recommendation of a ppreferred route. Tht i specific sub-tasks will consist of the following; 1 1) Using USGC and aerial maps, lay out a maximum of three alternative pipeline routinyt. (One trip Co Denton included) 2) (lake a field evaluation of each of the alternatives, Including topographic features, highway and railroad crossings, overhead power and other utility conflicts that are apparent from visual observation. Ottermine major property owners along each routing. (5 days of field work included) 3) Determine pipeline initial and ultimate capacity and determine easement requirements. (Easement description not k included). E 4) Develop hydraulic profiles for each routing and prepire E opinions of probable construction cost in,l life cycle f operations cost of each alternative. This will include evaluating the possibility of serving potential haw development betweta the lake,and the City from this line. 5) Recommend routing and develop 1"4500' plan and profile Sheets from USGC Wraps of route. (One trip to Denton included) A r T- { 4 i 1 5} Conduct Technical ReViOw Board meeting (concurrent with tR8 meeting for iecnnica) Memoranaum No. i1. 7) Conduct a Workshoo with the OWNER an the findings and recommendations in Technical ;,lemarandum No. 2. Review in I' draft form with the OWNER's staff. (One trip to Oentan ^r, { included) l 1 a) Finalize Technical Memorandum No. 2 and present to the OWNER. (One trip to OentOn included) TM 13 - PRELIMINARY LAYOUT BOOSTER PUMP STATION, GROUND STORAGE AND OISTRIBUIION SYSTEM IMPROVEMENTS' This task will consist of preliminary sizing and layout of the booster pump station, a separate upper pressure plane pump station (if required), ground storage facilities, and distribution system improvements necessary for the pump station(s) to tie into the water distribution system. These facilities will. be based on the findings and recommendations presented in Technical Momrandum No. It Update of Water System Analysis. The'specific sub-tasks will' consist of-the following; 1) Oetermine the projected year 2010 and maximum feasible capacity (pumping and storage) of the booster pump station and, if required, an upper pressure plane pump station. Evaluate horizontal v!, vertical pumping units and steel vs. concrete storage tanks (including below or partially below grade can tanks). Determine the architectural style and iandscaping to be utilized. (Two days of the site visits included) 2) Evaluate alternative arrangements of components on the pump station(s) site. Various increments of pumping and storage will be evaluated to meet current and future demands. Develop a topographic contour map of tha pump station site and legal description of the property. 3) Develop pr•eliminar-y piping and instrumentation diagrams (PID) and electrical design concepts. Determine immediate, pro- Jected year 2010, and projected ultimate power requirements. Review the operating philosophy with the OWNER's stiff and establish th• level Of instrumentation and'contral required- for the pump station(s). This sub-task will be done i~r conjunction with the Water Treatment Plant Instruaknt'ition Concept Report (TN #4), The PIO will be in scheaatic form and 'will depict the major pipin , valves, pue>ging units, instrumentation, and controls, ?Twa trips to Denton included) I r i 1 ~3 4) Oevelop arcni tectura I design concept for the puma station(s). This will incluae parxing, landscaping, office space, shoo space, HYAC, ano Iignting re"uir-;rents, (One trip to Oencan included) 5} Oevelop the routings of required distribution syste,n Iines to tie the pump station(s) into the water system. b) Oevelop opinions of probable construction cast and a project schedule. This will include recommendations on possible multiple construction contracts and/or pre-selection of equipment. r) Conduct Technical Review Board .ijetting. 8) Conduct a workshop with OWNER's staff an the layouts and recommendations of Technical Memorandum) No. 3. Review in draft form with the OWNER's staff. (One trip to Oenton included) 9) Finalize Technical Memorandum No. 3 and incorporate into the Preliminary Design Report. Prepare 15 copies of the Preliminary Design Report. 10) Present the findings of the Preliminary Design Report to the ~i Public Utilities Board, the Planning and Zoning Commission and the City Council. (Two trips to Canton Included) PHASE II - OETAItED DESIGN PHASE F # The scope of work for this phase is a general outline of services to be provided and is based on the understanding of the pro$act at this time. Upon completion of Phase It Analysis and Preliminary Design Phase, a detailed scope of work for Phase II9 Detailed Design Phase, will be V furnished to the OWNER. T After written authorization from the OWNER, the ENGINEER shall provide professional services in this phase as follows: 1. Prepare detailed plans, specifications, contract documeets, designs, and layouts of improvements to be constructed. 2. Provide the OWNER with advice, when requested, with respect to thk " making of all subsurface investigations, including borings, test pits, soil resistivity surveys, and other subsurface explorations; however, the making of such investigations and the interpretations of data and reports by special consultants are not a part of the services to be rendered by the ENGINEER,.and the cost therefor shall be paid by the OWNER. The ENGINEER shall monitor and review the work of testing laboratories and inspection bureaus required for the testing-or, ft ,N 4 SPr.°:1h5ji p C Inspection of materials, witnessed tests, factory testing, etc,, for the Project, but the cost of such laboratory tests or inspection shall be paid by the OWNER. a 3. Furnish the OWNER, when requested, they engineering data necessary for applications for routine permits required by local, state and federal authorities. Preparation of detailed applications and supporting documents for government grants or for planning advances will be provided as Additional So Vices. ! 4. Submit plans, specifications, and contract documents to the applicable federal and state agenay(s) for approval, where required. i S. Furnish such information necessary to utility companies whose facillties may be affected or services may be required for the Project. 6. Prepare. revised opinion of probable construction cost, and bidder's proposal forms (project quantities) of the improvements to be constructed. 7. Conduct Quality Control (OC) workshops utilizing the senior members of the ENGINEER11 staff with experience acceptable to the OWNER. QC workshops will be hold at approximately 305. 60% and; 9911' complete milestones of Phase II, Detailed Design. t 8. Furl sh the OWNER three {3} sets of copies of plans, specifics- tions, and bid proposals marked "Preliminary" for approval by the OWNER. Upon final approval by the OWNER, the ENGINEER will provide the OWNER ten (10) sets of copies of "Final" plans, As directed by the OWNER. additional sets of plans, specifications and bid ' documents as art necessary in the receipt of bids for construction and as are required in the execution of the project, shall be furnished by the ENGINEER and shall be paid for by the OWNER at actual cost of reproduction, PHASE III • CONSTRUCTION PHASE SERVICES upon completion of the design services and approval of "Final" plans and specifications by the OWNIR* the ENGINEER wi11 proceed with the performance of services 1n this pMse as follows: Is Assist the OWNER in securing bidso issuing notice to bidders and notifyi construction not publications The notice to bidders j will be furnished to the OWNER for publication in the local news media. The cost for publications shell be paid by the OWNER. 2. Assist the OWNER in the opening, tabulation, and analysis of the bids received and furnish recommendations on the award of contracts or the appropriate actions to be taken by the OWNER6 .7 I , fit,. • y;.,_.:,f, ' (1 • (l Assist in the preparation of formal contr4rt documents for Construction contrActS. ( 4• Assist in conducting pre-construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s), and prepare a proposed estimatd of monthly cash requirements of the project. 5. make two visits each month to the site (as distinguished from the continuous services of a Resident Project Representative) to 1 observe the progress and the quality of work and to attempt to s determimo in general if the work is proceeding in accordance with the contract documents. In performing these services, the ENGINEER will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors; the ENGINEER will report any observed defects or deficiencies imediately to the OWNER, however, it is understood that the ENGINEER does not guariotee the Contractor's performance nor is he resioonsible for supervision of the Contractor's operation and employees. ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor or the safety precautions and programs incident to the work of the Contractor. j ENGINEER shall not be responsible for the, acts or missions of any person otherwise (except performing any "Wloy#*s and too work of agent) the Project* site or 6. Consult and advise with the OWNER during construction, make recommendations to the OWNER regarding materials and work- manship, and prepare change orders with OWNER's approval, y. Review samples, catalog data, schedules, shop drawings, laboray, t' Cory, shop and mill tests of material and equipment and other data pursuant to the General Conditions of the Construction Contract. 8. Assist the OWNER in arranging for testing of materials and laboratory control during construction to be conducted at the OWNER's expense. 9, Interpret intent of the plans and :pecifications for the OWNER and Contractor(s). In nstigatioils, analyses, and studies requested by the Contractor(s) and approved by the OWNER, for substitutions of equipment and/or raterials or deviations from the plans and specifications will be considered an additional service. j j (NOTE: Such studies conducted by the ENGINEER, if determined to be inadequate due to incomipletness of ENGINEER prepared plans and specifications will be redone without additional eosWSAtion. Any defective designs, plans or specifications furnished by the ENGINEER shall be promptly corrected by the ENGINEER at no cost to the OWNER) a~ i Jf,, y ...fir G iy a9.'fen9d:=f I 10. Review and comment on monthly and final estimates for payment to Contractor(s), pursuant to the General Conditions of the Construction Contract. I 11. Conduct, in company with the OWNER's representative, a final inspection of the Project for conformance with the design concept of the Project and general compliance with the contract docu- ments, and review and comment on the certificate of completion and the recoimnendation for final payment to the Contractor(s). f 12, Revise the construction drawings in accordance with the infor- nation furnished by construction Contractor(s) reflecting changes in the Project made during construction. One set of reproducible prints of "Record Drawings" shall be provided by the ENGINEER to the OWNER. 13. The ENGINEER will contact the OWNER's operating staff ten (10) months after the date of final acceptance to determine warranty items to be addressed by the Contracator. SECTION IV ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above described basic services, are described as follows: A. Field Surveying required for the preparation of designs, drawings and plans including topographic survey of the booster pump station f and storage tank site(s) and pipeline routings. 8. Field layouts or the furnishing of construction line and grade surveys. ~I C. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account con- struction performed by the OiiNER. 0. Necessary property, boundary and right-of-way surveys, preparation of eassant and deed descriptions, including title search and exasination of deed records. Providing a lane agent or public relations specialist to assist the OWNER in obtaining easemients. E. Preparing applications and supporting docurents for government grants, loans, or planning advances and providing data for detailed applications. .9- i E ~ i { i I ~f if i F, Providing shop, mill, field or laboratory inspection of materials 1 and equi p#"rtt. 0, Preparfng any required Operation and Maintenance Manuals or conducting operator training and preparing Environmental Impact Assessments or Stateieents, H. Appearing before regulatory agencies or courts as an expert wit- mess in any litigation with third parties or condemnation proceed- ings arising front the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. i. Furnishing the servicos of a Resident Project Representative to act as the OWNER's on-site representative during the construc- tion phase, if requested by the OWNER. The Resident Project 1 Representative shall be acceptable to the OWNER, The Resident p Project Representative will act as directed by the ENGINEER in order to provide more extensive representation at the Project site during the Construction Phase, The duties and responsibilities and the limitations on the authority of the Resident Project Repro sentative and assistants will be set forth in Exhibit B which is to be Identified, attached to and made a pert of this Agr"wnt, As set forth in Section 111, C.59 the Ei1GINEEA does not guarantee the Contractor's prformence nor is he responsible for suporvisloo of the Contractor s operation and employees, If the ENGINEER requested to visit the site mare frequently than two (2) visits each month as set forth in Section III, Paragraph C.S. the requested visits shall be considered as an Additional Service and the ENGINEER shall be entitled to additional compensation. Through more extensive on-site observations of the work in pro- gress and field checks of materials and equiprnnt by the Resident Project Representative and assistants, the ENGINEER shall endeavor to provide further protection for OWNER against defects and defi- ciencies in the work, but the fumishing of such Resident Project Representation will not asks ENGINEER responsible for construction means, methods, techniques, sequences or Procedures or for safety precautions or program or for Contractor s failure to perform the construction word in accordance with the Contract Ootuments except insofar as vKh failure may result from the ENGINEER's negligent acts or omissions. J. Assisting the OWNER in claim disputes with Contractor(s). K, Performing investigationst studies and analyses of substitutions of equipment and/or materials or deviations from the plans and specifications. ~ -10- i E I t° t L. assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to tnls Agreement. 14. Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system. t' N. Providing video camera with video tapes of the construction to be F' used as a historical record and for operator training. 0. Attendance at any additional meetings other than those specifically noted in the Basic Services requested by the TOH, regulatory agencies, or the OWNER. i P. Any additional services required by the OWNER not included in Basic Services. SECTION V RESPONSIBILITIES OF OWNER OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. i Such person shall have contract authority to transmit Instruc- tions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. B. Provide all criteria and full lnfom-,ition as to OWNER's require- meats for the "act, including design objectives and con- straints, space, capacity and performance requirements, flexi- bility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWKR will "Ire to be included 11R-the Drawings and Specifics ti0n4, C. Assist EMIKU by placing at ENGINEER's disposal all available information pertinent to the Protect including previous reports aM any other data relative to design or eonstruotion of the project, 0. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agrengnt# oil- . i~ s, E, Examine all studies, reports, sketches, drawings, specifica- tions, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable tune so as not to delay the services of ENGINEER, F. Furnish approvals and permits from all governmental authorities having Jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 1 P G. The OWNER shalt make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface er.alorations. OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by the OWNER. ( H. Provide such accounting, independent cost estimating and insur- ance counseling services as may be required for the Project, such legal services as OWNER may require or ENGINEER May reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditingo service as OWNER may require to ascertain how or for what purpose d any 'Contractor has used the Moneys paid under the construction 5 contract, and such inspection services as OWNER may require to i ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnish- ing and performing the work. 1. The OWNER shall determine, prior to receipt of construction bid, if the ENGINEER is to furnish Resident Project Representative service so the 9idders can be informed. J. If OWNER designates a person to represent OWNER at the site who is not the ENGINEER or ENGINEER's agent or employee, the duties, re- sponsibilities and limitations of authority of such other person i and the affect thereof on the duties and responsibilities of Engi- moor and the Resident Project Representative (and any assistants) will be set forth in an exhibit that is to be identified# attained to and made a part of this Agreement before such services begin. K, Attend the pre-bid conference, bid opening, Are-construction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspec- tions. L. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope j -f2- I I , f I i 1 or tuning of ENGINEER's services, or any defect or nonconformance of the work of any Contractor. 1 .d. Furnish,' or direct ENGINEER to provide, Additional Services as stipulated in Section IV of this Agreement or other services as required, N. provide transportation such as airline fare, automobile rental or JJ~ ` subsistence required for OWNER's personnel to attend project 1 meetings or inspection trips. 1 0, Obtain the land required for the pump station site(s) and all y easements for the pipelines. i P. Bear all costs incident to compliance with the requirements of this Section V. a SECTION V1 COMPENSATION A. COMPENSATION TERMS: 1. "Salary Cost" is defined as the cost of payroll for ENGINEERS, draftiwn, stenographers, surveyors, clerks, laborers, etc. for time directly chargeable to the Protect, plus Social Security contributions, unemployment coMpen sation, insurance retirts" t benefits, medical and insurance bertefIts I longevity ppayments, sick leave, vacation and i, holiday pay applicable thereto. (Salary cost is equal to 1.4136 times payroll.) 2. "Sub-Contract Expense" is defined as the expense that is incurred by the ENGINEER in to nt of others in outside firms for services 1n the mature of foundation borings, testing" surveying, process design and similar services that are mat included in the Basic Services. 3. "Direct Nat-Labor Expense" is defined as that erpenae for any l assignmwt incurred by the ENGINEER for supplies, transpor- tation and equipment, travel, coftnicatlons, subsistence and lodging away from how and similar incidentals in connection with that assignment. B, BASIC SERVICESs For and in eonsi4ration of Phase I - Analysis and Prellminarryy Oesign Phase of the Basic Services to be rendered by the ING71 6i, the OWNER agrees to pay based on the Schedule of Charges shown iii -13- t L Exhibit A, with total fee not to exceed one hundred twenty two thousand two hundred dollars tS122,2001. Partial payments to the ENGINEER will be made on the basis of monthly statements rendered to and approved by the OWNER; however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. Prior to proceeding beyond Phase I - Analysis and Preliminary Oesign Phase, the ENGINEER shall submit a maximum fee for Phase It ii - Oetailed Oesign Phase and Phase III Construction Phase Services for approval of the OWNER. The agreed maxima fee will be attached to and made a part of this Agreement for Engineering services. It is specifically understood and agreed that the ENGINEER shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the maximum fee as stated without having first obtained written authorization from the OWNER. In the event the OWNER does not elect to authorize the ENGINEER to proceed to Phase 11, Detailed Design, or subsequently to Phase II1, Construction Phase, the provisions of Section XIV will be utilized to terminate the Contract. C. ADDITIONAL SERVICES: 1. For Resident Representation and Inspection During Construc- tion and Construction Layout For the resident representation during construction and construction layout (Section IV68. and I.), the ENGINEER shall be paid based on the Schedule of Charges in Exhibit A. Payments for resident project ropresentation and construction layout shall be dw and payable upon submission of statements by the ENGINEER. Statements shall not be submitted more frequently thin monthly. 2, For Other Additional Services For additional services in Sectian IV except resident repre- sentation, the ENGINEER shall be paid based on the Schedule of Chary" shown in Exhibit A, Paywnts for add tlonal services shall be due and payable upon submission by the ENGINEER. Statements shall not be submitted more frequently 3 than monthly, If OWNER fails to sake any payment due ENGINEER for services and expenses within forty-five days after r"eipt of ENGINEER'S statement therefore, the amounts due ENGINEER will be increased at E ~'.FY3t!:Lt ~i I '$[I the rate of 14 per month from said forty-fiftn day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expanses and charges. Any applicable new taxes unposed upon servSCes, expenses, and charges by any governmental body after the execution of this contract will be added as necessary to the ENGINEER's compen- satlon. i (NOTE; Fine; payment processing may require sixty days and no increased amounts will be due until after sixty days have elapsed!. SECTION VII TIME OF COMPLETION The ENGINEER will commence work on the Project fieaediately upon execution ,a of this contract. The ENGINEER shall complete the work in accordance with the following schedule., 10 4 Submit Within Designated Calendar Days Item Following Date of This Agreement Technical Memorandum Nl 70 Technical Rwrandum 02, 13 120 ~r Preliminary Design Report ISO SECTION MI OPINION OF PROBABLE CONSTRUCTION COST The ENGINEER will furnish an oplotion of probable construction cost of the work, but does not guarantee the accuracy of such estimates. Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian con- i sideratloni of operations and msintenance cost prepared by ENGINEER hereunder will be made an the basis of ENGINEER s experience and qualifications and represent ENGINEER's best Judgement as an experienced and qualified design professional. it 1s recognired, however, that ENGINEER does not have control over the cost of labor, material, equipment or services furnished by others or over market con4itions or contractors' methods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be perform( on the basis of the Report must of necessity be speculative until completion of its detailed design. Accordingly, ENGINEER does not guarantot that proposals, bids or i .1S- 1 x n actual Costs will not vary from opinions, evaluations or studies Submitted oy ENGINEER to OWNER hereunder, 1 SECTION IX REVISION TO PLANS ANO SPECIFICATIONS The OWNER reserves the right to direct substantial revision of the Plans tl and Specifications after approval by the OWNER as OWNER may deem necessary, but in such event the OWNER shall pay to the ENGINEER ust and equitable compensation for services rendered in making such revisions, SECTION X OBSERVATION AND REVIEW OF THE WORX The ENGINEER will endeavor to protect the OWNER against defects and de- ficiencies in the work of Contractors, by observation of the work as it progresses, by interpretation of the plans, specifications and other contract documents to and with the Contractors, by the disapproval of defective work as aq be observed and the issuance of stop-orders from thi OWNER with respect to defective material and workmanship where they are „ observed, and the ENGINEER will exercise due diligence to assist the OWNER In requiring that the work be done in accordance with plans and specifi•, cations; but the Contractor will remain an independent contractor with , the OWNER and the ENGINEER does not ;uaran " the constructiton contracts. As set forth in Section III* C,5 aperformance ectof such ion IV.I, ! ENGINEER shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. Also the ENGINEER shall not be responsible for the acts or omissions of any person except his own employees and agents At the protect site or otherwise performing any of the work at the protect. SECTION XI OWNERSHIP W OOCIIHENTS All documents prepared or furnish" by ENGINEER (and ENGINEER's independent Associates and consultants) pursuant to this Agreement are Instruments of service and ENGINEER shall retain an ownership and property interest here- in. OWNER may make and retain copies for information and reference; how- ever, such documents are not intended or represented to be suitable for reuse by OWNER or others. Any reuse by OWNER without written verification or Adaptation by ENGINEER will be at OWNER'S sole risk and without liabiifty or legal exposure to ENGINEERS or to ENGINEER'S independent associates or consultants, and OWNER shall indemi fy and hold harmless ENGINEER and ENGINEER's independent associates and consultants from All claims, damages, losses and expenses including attorneys' fees AriSing out -IWi- i i I , Yd4L?~6~i ly~_, fYly:agl~~ Y r of or resulting therefrom, Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by y1 OWNER and ENGINEER. 1 r SECTION XII , INOEMNITY ENGINEER shall indemnify and save harmless the OWNER and its officers, 1 agents, and employees from the liability of the OWNER on account of any Injuries or damages received or sustaineG b an by any person or persons or property, including court costs and reasonable attorneys fees incurred by the OWNER, proximately caused b the negligent ENGINEER or its officers, agents, or acts or omissions of the operation, or performance of this Agreemelni~s In the execution, em In the event of liability from suits, actions or claims arising out of or occasioned by the negligence of both the ENGINEER and the OWNER, their agents or employees, in the performance of this Agreement, each party shalt contribute toward the satisfaction of the liability its propor- tionate share, which share shall be equal to the percentage of negligence attributable to the party. i SECTION XIII ARAITRATION ' No arbitration arising out of, or relating to, this Agreement involving ; i one party to this Agreement may include the other party to this Agreement without their approval. I ' I SECTION XIY TERMINATION Of CONTRACT The obligation to provide services under this Agreement may h's terminated by either party upon thirty days' written notice in the evon of subsuft- tial failure by the other party to perforce in accordance with the terms i thereof through no fault of the terminating party, In the event of any termination, ENGINEER will be paid for all services properly rendered and reimbursable expenses incurred to the date of termination and, in additiono all reimbursable expenses directly attributable to tereination, 1 .I7- k A 1 SECTION %Y SUCCESSORS AND ASSIGNMENTS OWNER and ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER i are hereby bound to the other party to this Agr!liment and to the partners, I, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and S` obligations of this Agreement. t Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under nr interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge F the assignor from any duty or responsibility under this Agreement. Nothing i contained in this paragraph shall prevent ENGINEER from employing such independent associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. Nothing under this Agreement shall be conmtrued to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. This Agreement (consisting of pages 1 to 21 inclusive) constitutes the entire Agreement between OWNER and ENGINEER and supersedes all prior ` written or oral understandings. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument. SECTION XVI The following exhibits are attached to and made a part of this Agreements P; EXHIBIT A - Schedule of Charges EXHIBIT A - Duties, Responsibilities and Limitations of Authority of Resident Project Representative 1 -18- 1 / i , V evgrc 3 lllfff S'I i, in two counterparts. This contract is executed C:TY OF DENTDN, TEXAS pre ne r ATTEST: R - Oral o is a E By sY ens i Sys a ra rsyov c Nsyor City Attorney F0.EESE ANO NIC%QLS► INC. ATTEST: Engineer P , r ~ cos S• 4`4 Exocutive vies ~r+esidsnt ( - V1 s Prbident j • 3 s • «19• s i i a i EXHIBIT A SCHEDULE Of CHARGES Staff Members Salary Cost. Times Multiplier of 2,3 ;fiesfdent Representation Salary Cost Times Multiplier of 2.0 , Salary Cost is defined as the cost of payroll 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 j benefits, longevity payments, sick leave, vacation and holiday pay l applicable thereto. (Salary Cost is equil to 1.4136 tilers payroll. This factor is adjusted annually.) f Other Direct Expenses Sub-Consultant Charges: Actual Cost Tiny Multiplier of 1.15 All Other Direct Expenses: Actual Cost Tines Multiplier of 1.00 Other direct expenses shall include printing and reproduction expense, comeunication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons or agents other than staff meeibers. P is -20- I i rn j rax,•:a r Duties, Responsibilities and Limitations of Authority 1 of Resident Project Representative A. GirwrM. r I Reudom PN>jecl Rc"resamadve it ENGINEF.R's AtletN. w01 act as JireCled by and under the supervision or ENGI- NEER, and will confer with f.NOIN EER re psrding his actwws, Rtstdenl Pmleet Reprewmartve's dtalings in masers perta.ntng to the ml-utt Work 1114111 in gennat be Only with ENGINEER atN CONTRACTOR, and 44041014 Wilk i subcomraetors hall oniy bit thrnvrh a Wilk the full knowledge of CONTRACTOR. Written Comtmmtcalwn with ri OWNER will tw only ttitatnh or as dtreaed by Ti.; IOINEER. #z , yi 8. Do" s" Rgpwlbi*4& c Rnsidtm hojtet Rtpenstntattve will: 1. SeAtdaike: Rav*w the progress schedule, schonlwle at Shep Drawing subalissidrls and scheduk of vaswn a red N a by CONTRACTOR and cnatu* wwh ENGINEER cottoning thetr acceplabaity. 1. C(mf4"rtrrAtloldpretaasaractiomcalktoecn.ArnageaseMQwltO<propeis~iflgsandaMr*Ca4ertnctl as rtRwnd its ctas"we wish ENGINEEA and IlotNy Illeae oapoeted to 41ttanl to advance. Atwrld aaanings, and I nwilo a and dimtlW& rapine a<tttiawaa thavd. , Varwr i? a. Servo as ENGINFEWt liaitea with CONTRACTOR. wonting Principally Orowgls CONTRACTOR's supennten. dem and anies hits im understanding tM WOR of TM Contract Doewlnenls, Assist ENGINEER ill serving O W NE R's ;f lWwri with CONTRACTOR whom CONTRACTOR's operatkns affect OWNER'swoke, oporstkns, IT. As rellumed by ENGINEER. at" k nlwhlniag from OWNER &J& W" detain or lnforesMkn, when requtrtd N the lob stye fa proptr taetwiaa of the Work, a• SMIp O~ewi~J and Sanplre: e a. Ractiva and Own Ad" of rteaipl of steep Fkswings sad saffW41, reetiw saron which we Nlnialow at the w* e by CONTRACTOR, VA OM* ENGiNEFA of lh* avsdalnNty fw tsaaiiomhw b. Advise ENCON91EN sad CONTRACTOR w its awporiaamdemr trnrwdWOV of 1M eom w Team" Of any Work fs regw "a Sbop Drowwg e►seatple stlbtalaalam if IM Itabraksioa has ntg boom approvod by ENGINEER. J. Rowew4 Wars, Rt/hsiw~A~+rli+► Nord. 10610M of How Tolls., a. C>sadteaots•Nw uhMWirtksponsio torssluENGINEERMdMw+aimimgiltMWoANpreceedmg is M - mo taot vi" the Cot Nefel Dtee.ats6 and This tow4*104 Work will toopmt to the Coal ran ow"items. b. Ropato to ENGINRILR *%Mva her borkm Tito any Wert to twaMisfaettsry, holly w daknlvo or dws k4 e1ttllAaeaa N the Ceortp Oeetatooo, w data nr>r coral t M rsylswetllAMa of nay w,ap~etiola, Ieua a app+ovN +egwre/ to be 111116 or No booty dara"d pnw to thew psyato tat ad adWSO kNGINlEA Mwo M bailaws Wart showd he CWryded to ltOOW W sbW4W bt 1Mte14eNd for abwrvauaa. a ("wirn apoew iHtipg, lags wo of approval, c. Verify Theo testy. etaiprlao and 4y was aanttpe and oporatimt *Ad Maww"ke imslrtetioaa are eoeldlwted 41 regwwtd by the Coolrat:s DottslmoMs aad in prtseate Of the r"wisted ponomd. ;sod the CONTRACTOR r a;mmnv Alloo"o eecnrN tArrtnf nMe^e• ncy,Namd etMM to RNGINF.ER approt row dead! "Tell" to lM tttil 0M#4urt% f` aAd %Wrlol i, J. AcC,ttnptay w%jimg trisrw m% replewm>np rwo* fit ,ithN agenates Mviag jtalsdlniea "vier the P"oletl, wow The 41WCIOMC ttf thew w1.Pn100%and rrpW tit I,N(iINFF.N. 4)11470 M NM«wtt Until d M.ir.wwl l•n whtty 2nN K W N W, W&OANOh,n, D C ;N% o N%Pr::At7,1'Ait'h hNwMtMNN I141ELA ~ 114141 aJttR+n , l , i /lee rp.rl,uirrn.dl„nr.mrll,rnm,vN• ILI n\nul Ins 15.,41 kAl, It Ile C.nu.tit !'I~~nmrur. 1%4(ilN I If 1he I.k l claullcau,in~ dnJ mlt PTaeldtuln~ ' N,r,L~, gnrnl 1'rn~„1pI ,nl, v.lu.ik• I'f IN T R.41IN .ucpe.ul•ns Lit du'u1e1n~ m IhawlnKS ••1 .Ind ftpn" Them II-1h rtl,-m I11MI;1tlnn% I., h.\'IrI,VI I'.k 1ulpl Snedle.xlam to A R•ernedi 4ubmnsloMalmatnm, al reIpthe od)nb uc ducisganes orderly of ang Will. u' file! fur enrresttlvndtnet, repens of soh CunffreMts. Shop Drawings and "Milks lnal Clsnlract 00cumfnls I"i 151"g all addersda, change orders, field otdem. # QUA Drawings issued ulhnequent In the csreufllta far the Conffan, LNGINEERIs clarlAcslgna and tnleTre+algm of the Contraq Ik+eumenh, progress rephnvlnl, anA Inher A b, Keep a diary ter lug slur k, recording llr% no the job site, weather cu dil"I data relative to queillont of villas of deduviom, list of visfting officials amt rePre%entallves of manufw'tlufn, fahiealnf►, suppilers and dusrltvrsors, 1 daily aeltvoinri, declslons, nhservalgns us Fencrai Intl %I lest proceduits. Se lad C11 itl'NK 11h~erVAl nlnl in more Ilffall a! In the Calf Of qtl Serymg Mcslll IsNWNh,I•,K. c. Retofd nantn, addecibts Ad lekptkwe numt%vra of all CONTKACT(1RS, suhcumraelor! and Inapt suppflerf of materials and equipmtln. 9. RepgNJ; it. FureishENGINE ERnrnndkrepnrisalruquircdafpmgrassoflheWork ANCONTRACTOIt's cornpl4acewoIsthe attproved proliml tclltduk and Achooluk of ,Shop rsfawing sul++n+ssktrls, b. Constar with ENOINB£R in advance of uhcdsdtd Itssrtr t<sta, Inspections or star of important pheaes of the work, C. Rdpoo imnlcdlalety to ENGINEER ufrvn the occurrence of any accldeM, 10, teynsenf RNufaglnnr: Review sppllcalinos fM paylstoot svNh CONTRACTOR fat compliance with IM epaMithtd pmcedwq for lhele subinnsien sad 110"ed there with reeetnnwtNslisns to ENGINEER, fsolin ; NnkWw(y tAer Mallon to the schedule of values. Work composed and materials sod equipment delivered u the site M facie Incas ponied in the Work. I L CIN1~1•NH, Melnffnent't unI nrKylien Afnnlrafet furl"gshe C and operation manuals slid ulhef duo regnaed in he aaemhkdand ofrurn s~ k vCONTR ceTOR aft, ppiicable to alocit the items actually Intlalkdt and deliver, ibis mdrenal ht E.NOINERM (M his review and forws~roiOng to OWNER prior C to Anal ac,tNance of tht Work, 11. Campbuon,• o. Defote ENGINEER issue, n Centlkale u(SuhssaM+ai Completion, suhmil to CONTRACTOR a list of observed E Plants regtanag completion orconveti", b, CaMuct Anal insflecih)n on Iht %matlpciny of FSOINF.P.1. ()WNRR and CONTRACTOR and prepare a Anal hill of items to Ise Completed a etNrtcttll. Verity that ail Neste an Anal Nit bare been c+nlpk e old not earncted and make reeofnrMndstgnt to ENGINEER t onterlling at Ail sectors"*. C. Lh*ka* is M Am&ibw alf Except usron svrilttrs ingruClluan tsf I NGIHF NR. ResedeM 11MNCt Represenlutw: 1. SKIN nq atteheslgg tttsy Mvratlcig Ave lliet'nrlf sacs Dtscumtnts sir alMwve aey s1+Msrwt muensll or equipmorm. 1. Sksu ow tatted lol"aliotts et ENGINERWi awberity n tat forth to the Contrsla Donosents i. Shalinglmderlakesoyotfhtreapsthd,lMiao(CNeTRACTOR.sulICUnsntlutsat CONTRACTOR'sslgCnnter4enl, or eaptdile that Work, Shall noe sdvise tin of issue directional relsttve to ltny aseecy ,N' the means. Irletheds, teehnigstes, sequences or proeedurel of eorimfuel on unkss suetin sfwclNcaRy celk:d fat in the (I'umtact DotumtMS, I. Shall nee advise tin or iltut Ihfeviiwas as to saftly I++es'awlnns and Mollrarns in cuopeclasn wall the Work, ! 4 Shall min NWINsflrv / IWNI k lu Iwvupy the 14•4l+hi M Nhllk ter in fled y Shull falN ll,uUup ltr in triw% hrcll tichl it Lllsa pis) tvsii, ^#M" ti I meow% A•wl l .ay l it• urv, I Vo . '~V•rMt.w•gN Fib N•rNI.HM.H .I MN, NI I~AL..p.I•.,`w,.. it N,~yy i I♦t•.H i~MW..w.Il.n•etN 1rA•./•r.M i .tly.nnr a•r~ •rw.•r.." 1 7 ['r r:crxy r E~ Y 2841L THE STATE OF TEXAS § AMENDMENT NUMBER I TO THE AGREENT FR ENGINE SERVICES COUNTY OF DENTON § BETWEEN THE CITY OF DENTONN AND FRE SE AND NICHOLS, INC., FOR LAKE RAY ROBERTS OFFSITE WATER TRANSMISSION FACILITIES i ' The Agreement for Engineering Services entered into on the } 16th day of February 1988, by and between the City of Denton (OWNER) and Freese and Nichols, Inc., (ENGINEER) shall be amended r i as'T' set forth below. The said Agreement is attached as Exhibit and is hereby amended as follows: I' . That portion of the Agreement within Section III which describes Phase II is hereby amended by the addition of the following language after the paragraph designated as No. 8 on Page 7 of the agreement: /Prepare the design of a booster pump station and ground storea tank, as approved in the, Preliminary Design Report, that includes the following: 1, Three (3) exposed vertical turbine pumping units with the pump station structure sized to accommodate three (3) additional pumping units. 2. One welded steel above-ground storage tank with a capacity of approximately three million (3,000,000) gallons. 3. Chemical feed facilities for chlorine and ammonia. 4. Required (on site) instrumentation and controls. 5. Concrete access road within the site. 6. Landscapiaa and site drainage as required in the final -.approved plat (final plat by others). 7. One 42-inch diameter discharge line from the pump station to the intersection of Loop 288 and Sherman Drive. 1 8. The booster pump station and the 42-inch discharge line will be bid and will be awarded to a single construction contractor., II. That paragraph within Section Vi, Subsection B, on Page 14 of the Agreement which obligates the Engineer to submit a k 1i I ' 51 qv'l I maximum fee to the Owner for Phase II Detailed Design Phase and Phase III Construction Phase Services is hereby amended by the addition of the following language: ;The ENGINEER shall be paid for the Phase II - Detailed Design Phase, described above in Amendment 1, and for the Phase III h - Construction Phase Booster Pump Station and Ground Storage Tank, described in the Prime Agreement, as set forth in Exhibit "A" of the original Agreement, Schedule of Charges, with the total additional fee not to exceed the amount listed below (Phase III is based on a nine (9) month construction 6 period): Additional Fee Booster Pump Station and Ground Storage Not to Exceed I Phase ii and Phase III $147,850 t Partial payments to the Engineer will be made on the basis of monthly statements rendered to and approved by the Owner; however, under no circumstances shall any monthly statements exceed the value of work performed at the time a statement is " rendered. i III. All other provisions, terms, conditions and obligations of the Agreement between owner and Engineer which are not expressly amended here shall remain in full force and effect. Said Aireement and this Amendment shall be construed together as a sngle contractual agreement. This Ajpepdment Num r 1 is executed in two counterparts, on this the 744-0day of ou'dja 1989, CITY OF DENTON, TEXAS, OVNER BY. Kar : ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: E PAGE 2 f( 3j~.Ar , kF'NAxai I ,b '.r tlJti9.L`~ l 1 Fi yI y. APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY., FREESE & NICHOLS, INC., ENGINEER BY: ATTEST: s ncRZTMY i i PAGE 3 E 1. V41 • re-.,.. ~"',!lt: ens EXHIBIT "I" AGREEMENT FOR ENGINEERING SERVICES FOR LAKE RAY ROBERTS OFF SITE W ATER TRANSMISSION FACILITIES STATE OF TEXAS COUNTY OF OENTON This Agreement made, entered into and executed this the ~f of 1984, by and between the Ty y o'lr'- day O i; en on, here na or a e e NN[A and Freess and Nichals, Inc., hereinafter sails "ENGINEER" acting herein, by and through its repro. sentative, duly authorized $o to act for and in behalf Of said ENGINEER. WITNESSETN, that in consideration of the covenants and agetesaents herein conteined, the parties hereto do mutually agree as follows; SECTION I EMPLOYMENT Of ENGINEER The OMNEA a rea to employ the ENGINEEA~ and the ENGINE[A agrees profeislOnal era as stat to perto engineeMnq services in connection with the Pro,teet in the sections to follow, and for having rendered such services,, the OM agrees to pay to the ENGINEER compensation as stated in the sections to • faller. The Protect shall include design-of off-site water transmission feeilitiss, inciudinq transmission Iina, booster pump station and ground storage reservoirs. TM ENGINEER agrees to render the services under the A regiment in accordance with the/professional standards prevailing in the Dallas/Fort Worth/Metropiex area, bLeMat SECTION If r PERIOM OF SERVICE This Agree t shell asearte effective upon execution by the OWN $ and the ENGINEER and deli resin in fares for the period which my reasonably be "I rod for ft dssipt awry of contract, and construction of the Pro- ject. inmledi" Additional Services and any require extensions approve by the am$ I I .I. t qN N.tfi7{ AMENDMENT NUMBER 2 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC., FOR LAKE RAY ROBERTS OFFSITE WATER TRANSMISSION FACILITIES The Agreement for Engineering Services entered into on the 16th day of February 1988 and as amended on the 7th day of November 1989, by and between the City of Denton (OWNER) and Freese and Nichols, Inc., (ENGINEER) shall be amended as set forth below. The said Agreement and Amendment No. I are attached and are hereby amended as follows: 1. That portion of Amendment No. 1 within Section I which describes Phase 11 is hereby amended by the addition of the following language after the first paragraph of Section I on Page 1 of Amendment No. 1. Prepare the design of a booster pump station and ground storage tank, that includes the following: 1. Two (2) preliminary site layouts with two (2) proposed pump station building floor plan and elevation alternatives. 2. Pump station building to enclose three (3) vertical turbine pumps with space for three (3) vertical turbine pumps to be added in the future. Building is to have appearance of a high quality modern residential home. 3. One partially buried rectangular cast-in-place concrete storage tank with a capacity of approximately three million (3,000,000) gallons. 4. Emergency chlorine scrubber system with audible, visual and remote alarms. 5. Temporary off-site crushed stone access drive from Sherman Drive to the pump station site, 6. Attend six (6) project coordination meetings. 4 -T-- jj``~1:It tdti:JT:AP f 1 V-5• ttK PN f 6 4 That paragraph within Section Y1, Subsection B, on Page 14 of the Agreement which obligates the Engineer to submit a maximum fee to the Owner for Phase II Detailed Design Phase and Phase III Construction Phase Services is hereby amended by the addition of the following language: is The ENGINEER shall be paid for the increased scope of work under Phase II- Detailed Design Phase, described above in Amendment No. 2, r and for the additional scope of work under Phase III - Construction Phase Booster Pump Station and Ground Storage Tank, described in the Prime Agreement, as set forth in Exhibit "A' of the original r Agreement, Schedule of Charges, with the total additional fee not to exceed the amount listed below (Phase III is based on a twelve (12) month construction period in lieu of nine (9) months): x Additional Fee Booster Pump Station and Ground StorW. Not to Exceed Amen anent No. 1 Phase II & III $147,850 ' Amenament No. 2 Phase ii & 111 $105,685 Total Estimated Phase II 8 111 $2531535 Partial payments to the Engineer will be made on the basis of monthly statements renderea to and approved by the owner; however, under no circumstances shall any monthly statements exceed the value of work performed at the time a statement is rendered. ) III. All other provisions, terms, conditions and obligations of the Agreement between Owner and Enyineer and Amendment Number 1 to the Agreement which are not expressly amended here shall remain in full force and effect. Said Agreement Amendment and this Amendment shall be E construed together as a single contractual agreement# T s AAmendme Number 2 is executed in two counterparts, on this the/Y of lr 1990. CITY OF DENTON, TEXAS, OWNER BY: j i ATTEST: JLNNIFF'el' WALTERS,,CITY SECRETARY BY: j 1743 is 1 ~Ai.kCidtM N r, APPROVED AS FOR LEGAL FORM: DEBRA ADAM DRAYOVITCH, CITY ATTORNEY } BY: x: FREESE AND NICHOLS, INC., ENGINEER BY: ROBERT L. NICHOLS, PRESIDENT ATTEST. '11;k AL~4 MSEC ET Y I k 1 ~ 1 r Freese U f"11,11 , yA,O„ W. Igl,f, t. .4 KHW. 0 1. eorllr L vKNai, r.f. Lit A. IRIgL LI. AND ~ 1.I000H, LL 'A~jlrN~r r\ NMff A. f40VOWN Ill, pt. \k .yip/ INC, L RY N.JNY RtlO, t, f. It - FINK 0 WO N, . CONSULTING ENGINEERS rKvAw c, CoOCN, oc" I.I. Nil c, "Nil AL ltAIONR, P.O. MKNAIL L NKHM I.t. CAR" K CRICM, r.t. 1V. IRNM CUAIINT, IL May 180 1990 MKINV t. ILL4040, 0,1. KNAN C watON, /e. IONN L pNg, 66 R. hilt IRUITT. A,I.k Mr. C. David Nam, P, E. COY H. VIKN. RI. RAYA.ONO R. LOWAXIA, /.t. Director of Water and Wastewater Utilities r Service Center/Warehouse 901-A Texas Street ! Denton, Texas 76201 u Re: Proposed Amendment No, 2 Lake Ray Roberts Off-Site Facilities Phase II & III OTN 89844-3.10 Dear Mr. Ham: As per your request, we are pleased to submit a proposal for the increased scope of Engineering Services for Phase 11 (Detailed Design) and Phase III (Construction Phase) of the Lake Ray Roberts Off-Site Facilities. In general, this will include a 3 MG underground concrete reservoir and a building to enclose the high service-.'pumps in lieu of an above ground welded steel tank with exposed high service pumps. The services to be provided are as indicated in the original contract for 1j Engineering Services- Lake Ray Roberts Off-Site Water Transmission Facilities Section III, Phase II and Phase III dated February 16, 1988, Amendment No. It dated November 7, 1989 and the attached Amendment No.2. , Freese and Nichols proposes that this project be bid under one construction contract and a revised estimate of the sheets required for the plans is as follows: 1. Cover Sheet, 2, Index/Notes/Vicinity Map 3. Site Layout 4. Site Grading Plan 5, Pump Station - Mechanical 6. Misc. Mechanical Details 7. Pump Station Foundation Structural S. Pump Station Structural Details 9. Ground Storage Tank Layout 10. Ground Storage Tank Plan and Sections 11. Ground Storage Tank Structural Details 12. Ground Storage Tank Structural Details 13. Ground Storage Tank Roof Structural Details'* 14. Ground Storage Tank Roof Structural Details 15. Ground Storage Underdrain Collection System Plan and Details 16. Pump Station Building Floor Plan/Finish Schedules/Door Schedules E 17, Pump Station Building Sections and Details 18. Pump Station Building Elevations and Details TFLIWO ( IiI 3*71li 911 LAM M S711HT KART WUR1H, MAS flkWM mrnto oil 4211.114 PAX of df4f ? SZi k:BU'r.•r 5~ 1 4laYN!f { C Mr, David Ham, P.E. May 18, 1990 Page 2 19. Pump Station Foundation Plan and Details 20. Pump Station Roof Framing Plan and Details 21. Chemical Room Plans and Details 22. Chemical System Piping Plan and Details 23. Emergency Chlorine Scrubber System Plan, Elevations and Details " 24. Scrubber System Enclosures and Details 25. Flaw Tube Vault 26. Holding Tanks 27. Access Road Plan and Profile i 28. Access Road Plan and Profile 29, Access Road and Drainage Details 30, Pipeline - On-Site Layout 31. Pipeline - Plan and Profile 32. Pipeline - Platt and Profile 33. Pipeline Details 34. Sprinkler System Layout and Details 35. Electrical Site Plan 36. Electrical Schematics 37. Electrical Pump Station Building Plan 38. Misc. Electrical Details 39. Misc. Electrical Details 40. Supervisory Control and Instrumentation * Denotes Additional Drawing Required for Increased Scope of Work, F See Attachment 1 for manhours per drawing breakdown. Below is an estimate of the additional manhours and cost (based upon the multipliers in the existing contract) for the increased scope of work: Additional Additional EHASE 11 (Amendment No. 21 _ Manhours Raw Salary Cost Principal-in-Charge 10 360 Project Manager 145 3,916 11 Project Design Engineer 164 3,444 Structural Engineer 288 52188 I Architectural Designer 126 21520 Electrical Engineer 112 2,016 Technician 468 7,956 Clerical 324 Subtotals 1,349 $26,119 i i t ` I E~ Mr. David Ham, P.E. May 18, 1990 Page 3 } Total Raw Salary w/ multiplier of 1.4136 x 2.3 $83,620 Expenses w/ multiplier of 1.0 1 3.230 Estimated Increase in Engineering Fee - Phase II $86,850 Additional Additional PHASE III !Amendment No. 21 Manba Raw Salary, Cost Principal-in-Charge 5 $ 115 Project Manager 39 11005 Construction Engineer 102 2,193 Design Engineer 42 924 Construction Technician 67 1,139 Technician 0 0 Clerical -24 180 Subtotals 275 $5,564 Total Raw Salary w/ multiplier of 1.4136 x 2.3 $180090 Expenses w/ multiplier of 1.0 5 Estimated Increase in Engineering Fee Phase III $18,835 Estimated Total Increase (Phase II 8 III) $1059685 Freese and Nichols proposes to perform the services for Phase It and Phase III on the basis of salary cost times a multiplier of 2.3 plus direct expenses times a multiplier of 1.0 with a maximum ceiling not-to-exceed $105,685 without written authorization by the Owner. (Salary cost is equal to 1.4136 times payroll.) Freese and Nichols will be available to provide resident representation during the Construction Phase (III) in accordance with Section IV,I of the prime engineering contract, if requested by the City. 1 I, Since the number of meetings with the City and the local neighborhood residents are j unable to be determined, we propose that services for these meetings be compensated as Additional Services under the prime engineering agreement. i ! j 1 x Mr. David Ham, P,E. May 18, 1990 Page 4 4 we appreciata this opportunity to submit this proposal to the City of Denton, if you M have any questions or require additional information, please call. Yours very truly, FREESE AND NICHOLS, INC. Robert L. Nichols, P.E. President Enclosure xc: Lee Allison Bob Nelson Renee 8aker Mike Nichols ' I t i i 9 i i i 3 i j ATTACHMENT I ANTICIPATED MANHOUR REQUIREMENTS DRAWING DESQJIPTIONS ARCH,-IM, WP 10. Ground Storage Tank Plan and Sections * 2 24 20 11. Ground Storage Tank Structural Details * 2 40 40 E 12. Ground Storage Tank Structural Details * 2 40 32 f 13. Ground Storage Tank Roof Structural Details * 2 40 40 14. Ground Storage Tank Roof Structural Details * 2 40 40 15, Ground Storage Underdrain Collection System Plan and Details * 2 32 32 16. Pump Station Building Floor Plan/Finish Schedules/Door Schedules * 2 24 20 24 17. Pump Station Building Sections and Details * 2 24 22 24 18. Pump Station Building Elevations and Details * 2 20 20. Pump Station Roof Framing Plan and Details * 2 40 28 40 23. Emergency Chlorine Scrubber System Plan, Elevations and Details * 3 36 36 24. Scrubber System Enclosures and Details * 3 20 28 f 37. Electrical Pump Station Building Plan * 2 40 40 I 38. Misc. Electrical Details * 2 40 40 Pro,iPct Management i0 36 32 4 Specifications 56 26 Preiimioary Site Layouts and Floor Plans with Elevations 20 36 36 32 Monthly Project Coordination Meetings (6 Meetings) Total Estimated M+nhours for Phase 11 (Amendmient No. 2) €0 145 564 126 468 36 i i I i I. Yp(~C1+Yefdi:lSr...i 3e.:-r-.axes .r.r~ i i ' ►T WESR YCHOLS.(';. Ff/ W C"_ 1GR£Rt( HIES PI 100ERt L. HERCRCHEIS EE 8, FRFLSE. P.E AND ~08CRt1 GOOCH. PE. [0(➢AI,'I IO,NES PE. C ROfERTA 1HOMPSONI1I. PE. CIRYV NEFYES.➢(. ROOM PLNC£. PE. CONSULTING ENGINEERS R(i Y s Ii V1t vE MICHAEL L. SICHOLS. PC CARRYH GREGORY. PE {j W ERNESt CLEMENT PE. March 12, 1991 1(RRYL RIMING, PE. HI( HA£E G. WARISON, PE. UHN E ,AMP E R NERPRLIIT.AIA. Mr. Lee K. Allison, P.E. ~,F.N~ti;ARCHP (;ORU. PE Director of Water Engineering and Operations Service Center/Warehouse 901-A Texas Street Denton, Texas 76201 i Re: Proposed Amendment No, 3, Additional Engineering Fees for Increase Scope of Work for Lake Ray Roberts Off-Site Facilities Phase 11 DTN 89844-3.10 Dear Mr. Allison: As per the your request, at the February 1, 1991 Monthly Project Coordination i~ Meeting, we are pleased to submit a proposal for Additional Engineering Services for Phase II (Detailed Design) for the increased scope of work to design of a pump room bridge crane system, a fire protection sprinkler system of the chlorine storage and chemical control rooms and one (1) variable frequency pump motor drive system for the Hartlee Field Road Pump Station. 1 The services to be provided are as indicated in the original contract for Engineering Services - Lake Ray Roberts Off-Site Water Transmission Facilities Section 111, Phase H Dated February 16, 1988, and the attached Amendment No, 3. A preliminary estimate of the additional sheets required for the increased scope of iV work to be included in the plans is as followst 1. Bridge Crane Layout and Elevations 2. Bridge Crane Details 3. Variable Frequency Drive Control Schematics 4. Fire Protection System Details p lM~Y..A EXV 1 I TIMPHONE 417 336.7161 011 IAMAII VIM "T WONTN, TEIUS 76102 YA1 _ rcrvrE m ••r 4 xis Mr. Lee K. Allison, P.E. March 12, 1991 i Page 2 Below is an estimate of the manhours and cost (based upon the multipliers in the existing contract) for the scope of work described above: Additional Additional ! 9 PHASE II (Amendment No. 31 Manhours Raw Salary Cost Principal-in-Charge 1 $ 36 Project Manager 4 104 Project Design Engineer 16 368 Project Structural Engineer 48 1 05b Project Electrical Engineer 1 40 720 Technician 100 10700 1 Clerical - , Subtotals 221 $ 4,096 Total Raw Salary w/ multiplier of 1,4136 x 2.3 ;13,317 Expenses w/ multiplier of 1.0 LU Estimated Additional Engineering Fee - Phase II $13,400 Freese and Nichols proposes to perform the additional services for the increased scope of work on the basis of salary cost times a multiplier of 2.3 plus direct expenses times a multiplier of 1.0 with a maximum ceiling not-to-exceed $13`,400 without written authorization by the Owner. (Salary cost is equal to 1.4136 times payroll.) Booster Pump -Station and Ground Storage ANo&tgnExceed - Not $o Exceed Amendment No, 1 b 2 Phase 11 8 III $253,535 i Amendment No, 3 Phase If 13.400 i Total Estimated Fee $266,935 i I, 31 3 I; i i y i Mr. Lee K. Allison, P.E, March 12, 1991 Page 3 As requested by Ms. Renee Baker we have updated the project schedule for the Hartlee y Field Road Pump Station and Ground Storage Tank Facilities as follows: PROPOSED PROJECT SCHEDULE 0 1?ALE 1. Design a) Completion of Design Phase 5 1-91 b) Release plans for bidding 6- 1-9I 2. Construction Contractss a) Receive Bids 7- 2-91 . f b) Award Contract - PUB 7.24-91 c) Award Contract - City Council 7-31-91 d) Process contracts 7-31-91 to 9- 2-91 3. Construction: Monthly Progress Meetings/ 9. 2-91 Construction to 9- 1.92 Final Inspection 9.15-92 1 Y_ Mr, Lee K. Allison, P.E. March 12, 1991 Page 4 1 We appreciate this opportunity to submit this proposal to the City of Denton, If you have any questions or require additional information, please let us know. Yours very truly, a_ FREESE AND NICHOLS, INC. Robert L, Nichols, P,E. President i, Enclosure xc! Bob Nelson Renee Baker Mike Nichols f t i t 3 j i I i 1 t , PRELIMINARY OPINION OF PROBABI.ECONSTRUCTION COS1 Project Names $lardee Field Road Pump Sullon Pro' 'No. I D1N 89844 Date: 7""6.91 Revised Fikume: Harilu.Wil ITEM Ir UNIT TOTAL JSUBTOTA PEVIOUS N o. NO. DESCRIPTION r.Alfr UNITSPRICE PRICE [SSl18TIOTALS~D[FFERBNCE I I I MobWnlios (3%) 1 L.S. $115,17457 $115,174.57 $115,174.57 2 2 3 MO CR Storage Tank 3 A. Wall 819 C.Y. 5350.00 5286,650.00 4 B, Footla8 1074 C.Y. $225,00 $241,650.00 5 C. Floor 463 C.Y. 5195.00 S90,285,00 6 D. Roof 585 c,Y. $325.00 $190,125.00 7 EColuma 98 C.Y. $280,o0 $27410.00 $836,150.00 $620,000.00 $16,1511.00 8 3 F.arlkWoik (145'Tank) 9 A. E=avatbo 44015 C.Y. $325 $143,048.75 10 B. SIM. Backr0l 7637 C.Y. 510,00 $76,370.00 I1 C.OenetalFid 23231 C. Y. 52.30 $53,431.30 $272,850,05 $45,000.0.1 $227,850.05 12 4 PumpSlation-Foundatlro 112 C.Y. 5283.110 $31,92000 13 Building 3920 S.P. $90.00 $35280000 5385;20.W $372,200.00 512,52001 sra 14 5 PumpingUniu,5MODEa. 3 Frt. 548,600400 5145,80000 15 6 Pu:npC1m 6 EA. $4,550.00 $27,30000 $173,100.00 $133,000.00 Si8,10J.tfo 16 7 U' Pump ConrolVslvea 3 FA $18,000.00 $54,000.00 17 8 20'OateValve.M,o. 6 Fit. - $13,192.00 $19,152.00 IB 9 24'0ale Valve, M,O, 2 M $16,$21.00 $33,042.00 E 19 10 421 Omit Valve, M.O. I FA. $48,880.110 348,880.00 20 11 30' ButlerBy Valve 6 EA. $8,060.00 $48,360.00 ~ 21 12 48'ButierByValve I EA. 519,500.00 $19,500.00 21 13 60' Butterfly Vak 1 EA. $11,440.00 $31,440.00 $114,374.00 1363,000AO •548,626.00 23 14 24' Flow Control Valves PMO I M $30.000.00 ___L30 ,000.00 330,000.00 130,000.00 SO.OO j, 1 loommunniamor `tAe r .-.p. itl I jyr I I PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COSTS Project Name, Hard" Field Road Pump Station Project No.: DTN89644 Dale; 20.170.91 RevUud Filename: Hartlee.wil i - _ - lCEA4 - II UNff TOTAL P RBV IOUS Ho. Na.-~- DESCRIICION ~QUANTR1fIUNiIS~ PRICEv _PRICB ~SUHTOfALSI TTSUVSTIMATH HTO`rA INFERENCE i 24 15 Yard Piping 25 2D' Discharge Pipe (PCCP) 90 L.F. 558.75 $5,281.50 26 24* Pipe 65 LF. $69.40 $4,511.00 27 30' Pipe 90 L.F. $77.00 $6,93000 28 42' Discharge Pipe 1100 11 F. $140.00 SI54,WO.00 29 4w Pipe 520 LF. $190.00 S98r80000 30 60' Pipe (Welded Steel PIix) 120 LF. $297.OU $35640.00 - r 31 42' a 2(r Tec 3 M $1,690.07 55,070.00 32 481 a361 Wye t FA. S1,615.U1 $1,675.00 33 60' a 30' Tee 6 EA S!,000.1)0 $12,000.00 34 60' Rt. Elbow 2 EA. $5,925.00 $11850.00 35 60'End Cop I BA. $1,080.00 $1,080.00 j 36 48'a36,Redwet l EA. S1,9251C1 $1,925.00 $338,768.50 $255,45(100 583318,50 37 16 Suction Une Vol" Manholes 6 EA. $6,2011.00 S37,200.00 50.00 $37,200.00 ,l 38 17 Flow Tube AtVaull I L.S, S30,000.00 $30,000.00 $20,000.00 $10,000.00 39 18 CYladnatbnSpsem I I-S, $17,000.00 $17,000.00 530,000.00 -$1316t30A0 10 19 CldodaeScrubber I LS. $61,200.00 $61,200.00 S7S.000.W -s13,800,00 4l 20 Anhydrous Araroonia System I LSr 540.000.00 $40,000.00 540,000.00 $0.00 42 21 Asamooda HoWlagTasdt 1 EA 55,600.00 $5,600.00 $0.00 S5,600,W 43 22 CherokalHoI&jTanks 1 EA $5,000.00 $10,000.00 $20,000.00 •510,owoo i 2678 S.Y. $35.W $93,7000 $72,8.00 $2080.00 N 23 CoeceteNiag 45 24 Crushed Swee Access Road 1990 S. Y. $11.50 $22,885.00 SOHO $22,885.00 46 25 TChaim Unit w73Barb 1550 L.P. $12.00 518AW'(10 510,65600 $7,944.00 _47- - 26 Fence Removal 175 . LF.S125 - $393.75 -__-__-__----;4100 `.5193,75 r i 1 r PRELIMINARY OPINION OF PROBABIX CONSTRUCTION COSTS Project Name: Hartlea Field Road Pump Station j ProJat No. t DIN 8" Dine: 20-Feb-91 Revised Fikaamel Hartke.wtl ITE Na~ NOM I DESCRICCION t'U[ANT1TYtLNITS RICE 1 PRICE ISUBTOTALSJ ESTIMATE ~DIFPERENCE, SUBTOTALS ! 1 27 Oates A.SBdinjV I FA. $5,00000 $5,000.00 $0.00 $5,000.01 B.Swill W I EA. $1,070.00 S1,W0.I10 $500.00 $500.00 2F 28 Landacapln8 I L.S. $60.000.0o s60,ono,oo $60.000.00 $0,00 29 Tre Wing So fety Sys it m 1 LS $20,000110 $20,00007 $2o.mo00 $0.00 30 CkWdneMoaora0,1.5Toa 1 LA. S8,ooo00 58.000.00 3!0,000.01 •52,11tA7.00 31 PampStation Brid`eCrane,3TonWJEkc1. 1 FA. $20.40080 520,400.00 s0,0o w,400.00 2 32 Sveltchtar 3 Fat. $14,600.00 S43.w.o0 $60,f100.00 S16,2WOU 33 Varible Frequency Drive 1 EA. Wotuoo 550,000,00 $0.00 $50,000.80 I 34 EatrkalAltntmaxnlatiox(10%P,S.) I LS $172,342,33 5112,342.33 $6,700.00 $111,61293 31 Fire Sp"et System 1006 SY, $5.01 15,owo - _T so.oo - - $5,01080 SUBTOTAL $3,117,318,20 $2,500,346.00 $684,972.20 I 36 ESTIMATE CONTI NO ENCY, 10% -$318,731.82 i$469,654.00 r ; "17/71 r L TOTAL -53,506,050.02 112,97_0000.00 -$536,450.02 i i j I •{gXdi,ak(wzy.,uitrr.avue.N.... _ _ _ a, y.. _ t PRELIMINARY OPINION OF PROBABLBCONSTRUCPION COSTS Pro)al Name: Ifartlee Field Road Pump Station Prowl No. ; DTN 89644 Di le: 20 Feb-91 Raised FAeeama Hardee.wkl - n, jQUANTrI _ - - No, No. DESCRIPTION 1 Y 11Nl- PkICB]~ PRfCB - ADDITIONAL COiTffiii BBINOCONSIDBRED 14'&U Pump Control Valva 3 HA W.000 M S132,0W,00 HydnulkAccumulalorSystem 1 EA 581,000.00 544,00D.00 SUBTOTAL $176,000.00 MISCEU ANEOUS ITEMS WHICH HAVE BEEN ADDED TO PROJECT Budding 220 S.9 390.00 519,80000 Suction Ltra Vahe Maaboks 6 E.A. 56,200.00 537,20000 Difference In Paving $13,775.00 TCIulnLink wl3Barb 275 L. F. 11100 $3,300A0 Stidlug30'Oale 1 BA. $5,000,00 $5,000,00 50%Swing60'Oa to l F.A. $500.00 5500.00 Pump SUWas Bridge Crane, 3 Tan I BA. $20,100.00 520,100.00 CM W in Task Depth $16,15000 Fire Spdnkkr System 1006 S. P. $5,00 - $5 030A0 I, SUBTOTAL $151,155.00 POTENTIAL, 1TSMSFOR REDUCING PROJECT COSTS Pump Station BrldgeCrane, 3Ton 1 FA. 520,400.00 $20,400.00 Conuele Pwerlltal jud"i Crushed Slone) 2678 LF, S23.56 $62,933.00 Change 700$10 Valves to 14' Plug Valves 6 Ek $8,692.00 552,152.00 i SUBTOTAL - S13Ss485.00 1 i s_r~ 3 t a 7 1 PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COSTS Projeu Name: Hardee Field Road Pump S11110rn Projw No.: DTN 89841 pau; 20-Fah•91 Revised Fik"mer llanke.wkI - I No. NEoM DESCRIPTION TQUANTITY UNITSI RICE l PR1CH i __1. -f_ - - MAJOR D"ERENCES DInVEEN ESTIMATES Moms at" (3%} s11s,174.s? PanhWork 045'Tank) $227,850.05 J Yard I !pint 583,31850 ' Swlreh$e+f,FJepriulklrtVrumenradoo(10%P.S) 5145,442.33 a 10% COnsl10c6041 COWAVOcr S3 18,731.82 SUBTOTAL $890,517.27 INCREASES PREVIOUSLY DISCUSSED WITH CITY 3 ),1O C1P StonBe Tank 516,150.00 EanhWork (I45'T1w.k1 $227,850.05 Suction 11" Valve Maohow: 6 EA, $6,200.00 $37,200.00 Slidla=JO Oate I EA. $5,000.00 $5,000.00 I EA 520,400.00 520,400,00 Pump su" 13dd=e Cram, I Tom, Fire Sprit SYaum 1006 S.F. SS.00 $5,03090 ~SUBTOTAL_ $3114630.M , f ~.e..~Wf~IIC,..ft!"wY-'--"6YJ'.Y.- /n•au... r _ r~ e _ - i 'I~U'C tl '.1 li, 1J91 Y HAR'1 LIE c IELL) i:OAL, °:iIO TEG : V: fF T.a"1'IO\' AND SYSM] FL'ND A>'AL1'SI5 W.-1f(:R FI"iUDI:CT[ON S (SlUL'UI FUND OURCE 91-0460-03 534 755.0 TOTAL FUNDS N ENDITS:R.FS Site :1 fuisition I:',ctuai t S150. 5 :.urveyin7 5 >ita 1;0LIndaV}' IAc tuaII Site Topo IAc tual; a SAS. 1n IBuii cr1 73,U ?Lisc IIIneous IBudaet1 3.U :tatting Iuontractl 1.J 1-f-0-1,' Aquisition {Budged 60,0 Desi;n 185.. Ph I IPr(-"i,t fAct ml.1 1~E.2 Ph II (Design} Amendment No, 1 (Contoact1 117.9 1U3.i Amendment No. 2 (Contract) Amendment No. ~ (Proposal) 13.+ s~,s. "rte-in Budget I 100.0 ~.onstriictLon 4,921,3 Booster Sta. (Fud;etl 2,970,1) ~.Vs. Tie-in (Budvotl Resident Proj, Rep. 1832.0 Booster sta, (Budget; lUT,J S}•s, Tie-in (Budget) 1 TOTAL EXPENDITURES 80,887,0~ i~ AMOUNT O ER/(UNDER) BUDGET 132,5 * Indicates contract under consideration. I i g { i MUNN i , E 1~ ~ .~4GEF 1 I i~ ~ n. .r• ~ A bra w PROPOSED LAKE RAY ROB B-ERTS' ~frreltarr WATER TREATMENT PLANT NORT PROPOSED 76' , - 4- TRANSMISSION MAIN § / egg "ll • ~ 1 r . 'I I ~ I 1 , T. i' .u4p i • f " `I PROPOSED HARTLEE•FfELD ROAD i BDOBTER PUMP u!,~TION~ E L f 1• i I-, ~-I 1 , E X09 _W~ . 1 iy \ 1 1' f ..J f ` 4 , • ~ it J ` I ' DENTQN _ yf , } ' ~ rll J,fI . LMOOLM ' i w•fa I~ I 'It f EXI8TING WATER.., I PROJECT Iv , I~r J 1-- THE ~ThfENT PLANT LOCATION f ! - , 17 ! ; 1 EXIRTING !0' f~4 J t sf J L_- a RAW WATER LINE a'ff EXISTING 17' LA*KVMW i RAW WATER LINE ~ `~!•Yt _ • ,I I:F~ ~ it AROYIE er.. ! I s` .7 ,R ' ~ f7 u f xa PAW . , W11ATE 1 I ~rir: 1'IV7 I 1 4 ~ 1 •I } NIA ~ , J "I"t OAR PILL n i r P_r° 1. I OfW.wl U1LlIN ~i~ .1 A, .'41t ` . T ib'5S I♦^1991 CAPITAL IMPROVEMENT PROJECT u 91-0660-03 i~ PROD TITLEt BOOSTER STATION 6 SYSTEM TIE-IN III I ESTIMATED COSTt $5,755 1000) EVALUATION SCOREt BS DESCRIPTIONt This project is for the construction of the Hartlee Field Road 1 Booster Station with 4MG ground storage and distribution system tie-in. PURPOSEt To meet ineressir.g treated water needs of the City of Denton so indicated in the Utilities Forecast. COST Per Freese 6 Nichols Preliminary- , Estimate CALCULATIONt Original estimate in 1989 dollars l are increased i prices to reflect 5% inflation. FUNDING REQUIREMENTStCASH FLOWS/ENCUMBERANCES (In Dollars x 1000) ENC CASH ENC CASH ENC CASH ENC CASH END CASH ENC CASH i" 1991 0 5326 ; 590 N ; 590 D ; 590,J ; 590 F ; 590 M 590 A ; 590 M 3 590 J ; 606 J ; A ; S ; 1992 0 ; H ; D J ; p M f 1 I. 1 A M J J ; A s 1993 0 ; N ; D t J ` F ; M I A 3 N t J J ; A ; S ; ENCUMBERANCES CASH EXPENDITURES j BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1ST YR ,$5326 $0 $0 $0 $5316 $5326 40 $0 $0 $5326 TOTAL 2ND YR $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL 3RD YR $0 $O $0 $0 $0 $0 $0 $0 $0 $0 GRAND TOTAL $5326 $0 $0 $0 $5326 $5326 $0 $0 $0 $5326 ENCUMBERANCE DATESt PHASE DATE AMOUNT Land Purchase 7-12/88 151 Prelim. Engineering 10/88 130 Engineering Desiga 4./89 148 I Inspection 10/90 56 Construction 10/90 5270 Miscallansoue L ENCUMBERANCE TOTAL $5755 l COMMENTSt This project is a continuation from 1989. Encmbarancest Prior to 1991 $ 429,000 Current CIP $59326,000 Total Project Budget $59755,000 ~HJR IT W 331 y.\. crsg4? rq 'i k5.8'A.er. Z 9 J L P PUB MINUTES/PAGE 25 649 650 651 ll. CONSIDER AMENDMENT NO. 3 FOR ENGINEERING SERVICES BY 652 rREESE & NICHOLS, INC., FOR SPECIAL IMPROVEMENTS AT THE 653 HARTLEE FIELD ROAD BOOSTER PUMP STATION. I 654 655 After a short discussion, Chew made a motion to accept 656 Amendment #3 with Freese & Nichols. Second by Ridens, All ayes, no nays, motion carried. ` .657 658 659 12. CONSIDER CHANGE ORDER NO. 4 WITH $18,655 ADDER TO 660 MARTIN K. EBY CO., INC., (EBY) CONSTRUCTION CONTRACT .61 FOR LEWISVILLE AND RAY ROBERTS HYDROELECTRIC PROJECTS. 662 663 Joe Cherri distvibuted the revised agenda item to the Board. The revised amount requested for approval is 664 665 $17,177, 666 ` 667 Cherri advised that an Federal Energy Regulatory 668 Commission representative visited the site and stated 669 that is was not acceptable for the battery room to be 670 open, Cherri referenced Exhibit #3, the FERO letter, 671 recommending the room be enclosed and ventilation be , 672 separate, The cost for this change is $17,177. 5 673 14 EXHIBIT.L, 675 25 , April 26, 1991 i ' F '•1 ti CITY COUNCIL REPORT FORMA'T' ~~~JJJ TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Ray Roberts 36" Transmission Water Line Project RECOMMENDATION: Approve ordinance authorizing payment of $12,345,00 to Leroy Whitlock and Hazel Whitlock SUMMARY: The subject easement is 5V in width and has 1182' of length ; along Sherman Drive. The dollar amount shown has been calculated utilizing the dollar amount per acre as directed by the City Council at the February 19, 1991 meeting. BACKGROUND: The City of Denton, Utility Department, Water/Waste Water Division will be constructing a water treatment plant at Lake Ray Roberts and a booster pump and water storage facility on the north side of Hartlee Field road. A 36" transmission water line to connect these facilities will be located along Sherman Drive (P.M. 428), F.M. 2153 and Burger road. Easements along and adjacent to these roads are in the process of being L obtained and will be scheduled for council approval as they are negotiaced. PROGRAMS, DEPARTMENTS, OR GhOUPS AFFECTED: f Utility Department - Water Wastewater Division FISCAL IMPACT: 1991 Bond Fund - Capital Improvements Program - Ray Roberts 36" Transmission Water Line expenditure, Present acquisition is recommended due to low land values and easements are necessary before construction of waterline is initiated. 1 I 0773B/53 c~ U i 2 s:\wpd0C5\Wn 1 to t ORDINANCE N0. A UTILITY ORDINANCE APPROVING HE AUPURCHASE THORIZING FEXPENDITURE EOF EFUNDS HAZEL AND LEROY WITLOCK FAND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 ,SECTION I. That the City Council authorizes the acquisition of the easement described in Exhibit "A" attached hereto, from Hazel and Leroy Whitlock. Gt•= ON II. That the Council authorizes the expenditure of funds in the amount of Twelve Thousand Three Hundred Forty-Five and No/100 Dollars ($12,345.00) for the purchase of said property. SECTION That this ordinance shall become effective im- mediately upon its passage and approval. .,..1991. PASSED AND APPROVED this the day of BOB CASTLEBERRY, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BYs y6Z d rj F 7 E f{ I UTILITY EASEMENT That HAZEL WHITLOCK and LELROY WHITLOCK) (Grantors), in consideration of the payment of Twelve Thousand Three Hundred the CITY OF DENTON, Forty-Five and No/100 Dollars ($12,345.00) by Texas, (City), a municipal corporation of tha State of Texas, receipt of which is hereby acknowledged, grants and conveys to the City a permanent easement for water, sanitary sewer, electric aid stormwater drainage pipes, lines, and facilities across the real property owned by Grantors, as described in Exhibit "A", attached to and incorporated into this document by reference. ° The grant made includes and is subject to the following: ti 1. Purpose. This easement grants to the City the right to construct, install, reconstruct, repair, relocate, operate, esand maintain water, sanitary sewer, and stormwater pipelines, valves, Yj facilities and appurtenances, electric poles, wires and related facilities, and other public titilities and related facilities in, on, over, under and across the permanent easement. i 2. Temporary Construction Easement. In addition to the per- manent easement, the City is granted a temporary construction ease- f ment for the initial construction only of one water transmission pipeline. The temporary construction easement shall be twenty (20) feet in width and shall extend parallel to the permanent easement, all as shown in Exhibit A. Upon conclusion of the initial con- struction, the temporary construction easement shall terminate and the City shall remove all debris, surplus material, and construc- apppPearance to the condition existing prior to construction, Sexcept for any trees or shrubs removed. 3, Building and structures. Grantors shall not construct, V erect or place any buildings, signs, or other permanent structures, or portions thereof, in, on, or over the easement. The City will replace or repair any sidewalk, parking lot, or driveway that exists on the easement on the date of execution of this instrument 3 if removed or damaged by the City during initial construction of the water transmission line. If the Grantors constructs walkway places a building, sign, parking lot, driveway, private structures or improvements over the easement after execut r, of this easement document, the City may remove all or part ur the structures or improvements as necessary to construct, reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the structures or improvements and without any liability to Grantors, including the obligation to make further payment to Grantors. f Imo' • 5 I ' ~l I] 4. Fences and Gates. If necessary to remove or relocate any r fence or gate during initial construction of the water transmission line, the City will remove or relocate the fence or gate at its expense. After completion of the initial construction, the City shall reinstall any fence or gates initially removed or relocated in their original locations, The Grantors, but not the City, may ' construct new fences and gates on the easement after the date of this instrument but the fences and gates shall be placed substan- tially perpendicular to the easement. Any fences placed across the easement shall contain gates or removable panels so that the ease- ment is readily accessible by the City's employees and agents at r all times. If gates are to be kept locked by Grantors, the City shall be provided the keys or other means, as applicable, so the City may open all locks for access without prior notice to Grantors. 5. Access, For purposes of exercising its rights, the City shall have access to the easement by way of existing public pro- perty or right-of-way and not from other lands owned by Grantors outside the easement. i 6. Trees and Landscaping. Grantors shall not plant any tree upon the easement property. city may out, trim, or completely remove any trees or portions of trees now or hereafter located within the easement without liability to Grantors, including the obligation to make further payment to Grantors. Grantors may plant shrubs, vines, grass, irrigation systems and other systems land- scape features within the easement, but the City may remove all or part of any t~hrubs, vines, grass, or other lan6scape features as is necessary to construct, reconstruct, replace, repair, alter, relo- cate, or operAte its utilities without any liability to Grantors, including the obligation to make further payment to Grantors. 7. Crops, The payment herein made includes any damage or loss' to crops sustained in the future by Grantors resulting from the city's construction, reconstruction, repair, replacement, or other use of the easement for the purposes granted. 3. Grantors' Rights. Grantors shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purpose granted, subject to the restrictions contained herein. k 9. Nether party has made any representations or promises out- side the written provisions of this easement document relating to the subject matter of this easement document. Page 2 I~ ,Y. 11 . kf'i4:3N t I t4flw Y ~a 10. Successors and Assigns. This grant shall run with the land and shall be binding upon the parties and their heirs, successors, s, and assigns. SIGNED this day of , 1991, , ti GRANTORS HAZEL WHITLOCK 'i LEROY WHITLOCK 1 i SUBSCRIBED AND SWORN TO BEFORE ME, by HAZEL WHITLOCK this the day of , 1991. Notary Public, State of Texas SUBSCRIBED AND SWORN TO BEFORE ME, by LEROY WHITLOCK this the day of , 1991. Notary Public, State of Texas : I Grantee's address: City of Denton 215 E. McKinney Denton, Texas 76201 Page 9 { z 1 p t 1? EXHIBIT "A" a} u ALL that certain lot, tract, or parcel of land situated in Denton County, s'? Texas in the S. Lamar Survey A461 and being part of a tract shown by deed to Fern Hanna, et al recorded in Volume 1099, Page 287 D,R.D,C,T, r and being more particularly described as follows; BEGINNING at the southwest corner of the second tract described in the "save and except" part of the Fern Hanna, et al tract recorded in Volume 4 1099, Page 287 Deod Records; ' THENCE north u0 34' 28" east a distance of 70.46 feet; ; ` THENCE north 450 27' ub" east a distance of 313.61 feet; THENCE north 450 2u' 49" east a distance of 498.97 feet; THENCE north 450 32' 14" east a distance of 269,48 feet to a point in the north line of said Hanna tract; THENCE south 890 21' 54" east with the north line of said Hanna tract " 70.59 feet to the northeast corner of said Hanna tract on the northwesterly right-of-way of F.M. 428; THENCE in a southwesterly direction with the right-of-way of F.M. 428 the following three (3) courses and distances; 1. south 450 32' 14" west 319.23 feet; 2. south 4b0 20' 49" west 498.94 feet; 3. south 450 27' 06" west 363,88 feet to the Point of Beginning and containing 1.2994 acres of land and also reserved is a 20' wide construction easement along the entire northwesterly line of this tract. 1008E/14 i tY"zrnv:r+ 3 53 i 1 CITY Of DENTONP TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 r MEMORANDUM C ~ f t t DATEt September ll, 1991 Lloyd V. Harrell, City Manager T0: FROM: Roger N. Wilkinson, Engineering Tech Supeevisor/ROW SUBJECT; Ray Roberts Transmission Water Line easement Acquisition i I An easement for tho above referenced pro]]ect has been L negotiated with Mr. and Mrs. Leroy Whitlock, They have agreed to accept $121345.00, which is the offer as calculated , utilizing the amounts approved by the city Council at the February 19, 1991 meeting. ti This easement acquisition is one of three areas that has a house in a close proximity to the easement. In this case, the house lies approximately 2 feet from the easement, Also, several landscaping trees must be removed. Due to these factors, we are recommending this amount to be a fair and equitable price for the easement acquisition. o r 4 0nson 1016E j ;f 1 i r V. i l r .rs r,'.-4E~a 60' 20' Owner Wrm. Conti. 1$ E~mt. Eunl. 7 (sores) (raaro) 1 ^Clty Booster Plant Site 17 T Bixger Rd E : khaffer * 13 18 3. Ashcraf t * 13 4. H. Service industries 10.4 4.2 5. State Hwy, Permit Reid 2,3 1 18 7, County Road Permit 16 14 1 8, Lynch 0,5 0,2 9, Sauk 5.6 2.2 ` 10, Betzal 1.2 0.5 13 11, WWIock 13 0,5 Sheppard Ad 12. Mckenney 4.4 1.8 13. Craver (Denny) M MCA 111 4,4 t 1 12 FM 428 14, ME'Mf4HLL 2.1 0,8 15, Brklos•HerroM 0.3 0.1 Hou" 0 Oryson 0.7 0.3 17. AMen 1 0.4 9 6 18, Mays 0.6 02 9 19, City Water Plant Site Houa LJ Total 42,4 17A 7 8 6 Elm Bottom Circte ti Clear CII@ek L. tyWosbno waN * 40' Access & UtNity Easement 36' Water Line ' , 1111 / 4 W r6104~1 tool, 3 /41 so, 00.6r.«twr ua, 1 2 Hartlee FWd Ad 36" Transmission Water Line Easement Alignment { ti t 'h , , Cry 1 M e t ~ 'h ♦ . ~ 'q h f/ ♦ ♦ ♦ J~ HOUSE ` h 1 h Y 60' P"MAA'ENT EAEEMOtT ♦ EO' C01gTPU0'lION EMlIIE17T A* rZo< - - - - - - - - - - - - - - - - - - - - - - • w rover rot + 1 1 t iCL 41. i , city of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM t DATE: September 13, 1991 i TO: The Honorable Mayor and Members of the City Council Jahn F. McGrane, Euecutive Director of Finance FROM. SUBJECT: ADOPTION OF THE ANNUAL PROGRAM OF SERVICES FOR 1991-92 Pursuant to the discussion and consensus reached by Council during budget worksessions, the City Manager's proposed 1991-92 budget ! will be amended as illustrated in Exhibit "A" if adopted by Council. Exhibit "A" reflects Council initiated amendments. If adopted, these expenditure adjustments and amendments would be balanced by a $166,171 increase to current year ad valorem tax revenue, which amounts to a tax rate of $.6851 per $100 of assessed value (1.87 e effective rate). th cents under Any additional changes Council chooses to make prior to adoption on September 17th will also be incorporated into the final approved Annual Program of Services (budget). The attached ordinance will serve to ratify approval. JFMcGtaf AFF'00008 1 i i i 8171566.8200 [VFW METRO 434.2529 1 9r Y. y. '~S~pyi]j 1;1 fi ' EXHIBIT A COUNCIL AMENDMENTS TO 1991-92 PROPOSED BUDGET s NET DETAIL INCREASE GENERAL FUND REVENUE ADJUSTMENT (DECREASE) Shortfall Due to Property Value (310,000) Use of Additional General Fund Reserve 88,848 Eliminate Increase in Pool Revenue Fees (8,000) Additional Tax Role Supplement 140,000 Increase In Sales Tax Revenue 48,162 Flow Hospital Reserve 22,000 I o NET ADJUSTMENT (41,000) s NET DETAIL (INCREASE) GENERAL FUND EXPENDITURES ADJUSTMENT DECREASE , Eliminate General Fund Demolitlon of Substandard Structures 15,000 Additional Funding of SPAN (10,000) Decrease In Insurance Costs 84,000 Debt Service for Building Improvement Bonds (48,000) NET ADJUSTMENT 41,000 TOTAL NET OENERAL FUND ADJUSTMENT P ' $ ME i f i g:\wpdocs\budgeto ti ORDINANCE NO. _ 4 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 11 1991, AND ENDING ON SEPTEMBER 30, 1992; AND DECLARING AN EFFECTIVE DATE. WHEREAS, notice of a public hearing on the budget for the City of Denton, Texas, for the fiscal year 1990-91 was heretofore pub- lished at least fifteen (15) days in advance of said public hear- ing; and WHEREAS, a public hearing on the said budget was duly held on the 27th day of August, 1991, and all interested persons were given an opportunity to be heard for or against any item thereof) NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The budget for the City of Denton, Texas for the fiscal year beginning on October 1, 1991 and ending an September 30, 1992 prepared by the City Manager and filed with the City Secretary, as amended by the City Council, is hereby approved and adopted, a copy of which budget is attached hereto and incorporated by reference herein. 5._E TC ION I1. The City Council hereby appropriates from avail- able resources to the following funds: General Fund $ 28,232,919 Recreation Fund $ 483,996 Debt Service Fund $ 416470050 Utility Fund $ 83,737,250 Sanitation $ 31985,880 Working Capital $ 4,2580608 Motor Pool $ 11589,821 SECTION III. That the City Manager is hereby authorized to transfer the amounts of money for employee benefit and salary adjustments as contained in the 1991-92 budget to the various departments. SECTION IV. That the City Manager shall cause copies of the budget to be filed with the City Secretary and the County Clerk of Denton County. aECTION V. That this ordinance shall become effective im- mediately upon its passage and approval. S jp. t. M.AI r~ s PASSED AND APPROVED this the day of September, 1991. BOB CASTLEBERRY, MAYOR ATTEST; JENNI?ER WALTERS, CITY SECRETARY k BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: !l_ z 1 CITY of OENTONt TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76101 l MEMORANDUM i DATE: September 12, 1991 TO., The Honorable Mayor and Members of the City Council FROM: John F. McGrane, Executive Director of Finance SUBJECT: ADOPTION OF THE AD VALOREM TAX RATE FOR 1991 The attached Ordinance will serve to adapt the ad valorem tax rate for the year 1991. Also included within the Ordinance is the recommendation submitted to 'Council in the Major Budget Issues Report to increase the exemption of persons sixty-five years of age or older for the fourth year by $1,000 bringing the total elderly tax exemption to $20,000. Pursuant to preliminary consensus by Council on September 3, 1991, a tax rate of $.6851 per $100 of assessed value would be required to support the amended General Fund portion of the 1991-92 Proposed Budget. If adopted, $.2161 of this rate would be used to fulfill General Debt Service Fund requirements, and $.4690 to provide for General Fund operation and maintenance. The $.6851 tax rate is more than 2% under the effective rate of $.7038. For your information, a tax rate worksheet is also attached which illustrates the tax rate calculation. JFMcG:lb 1 8171566.8200 D/PW METRO 434.2529 r i NOTICE OF EFFECTIVE TAX RATE 1991 Property Tax Rates in City of Denton This notice concerns 1991 property tax rates for City of Denton, it presents information about three tax rates, Oast year's tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can 'i start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property)lwith adjustments as required by state taw. The rates are given per 6100 of property value. Last year's tax rate: ; 9,423,113 Last year's operating taxes ; 4,286,800 + Last year's debt taxes j 13,764,913 i . Last year's total taxes 6 2,092,796,973 Last year's tax base 6 ,6651/6100 • Last year's total tax rate This year's effective tax rater 6 f Last year's adjusted taxes (after subtracting taxes on lost property) 15,6370097 This year's adjusted tax base (after subtracting value of new property) 10937,465,962 6 .7038/6100 • This year's effective tax rate x 1,03 .7249/6100 Maximum rate unless unit publishes notices and holds hearings $ This year's rollback tax rate: 4,119,848 Last year's adjusted operating taxes (after subtracting taxes on lost property) 6 6 11937,465,952 This year's adjusted tax base ,4707/6100 This year's effective operating rate x 1.08 6 ,6083/6100 This year's maximum operating rate 6 .2161/6100 + This year's debt rate • This year's rollback rate 6 .7244/6100 { 4763E 08/16/91 5 i c ' :L.ynGa ORDINANCE NO. AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 1991, ON ALL TAXABLE PROPERTY WITHIN THE COR- PORATE LIMITS OF THE CITY ON JANUARY 1, 19910 NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING " FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY #1 CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I SECTION 1. That by authority of the Charter of the City of Denton, Texas, and the Laws of the State of Texas, there is hereby levied for the year 1991, on all taxable property situated within the corporate limits of the city of Denton on the first day of January, 1991, and not exempt by the constitution and Laws of the State of Texas or by Section II of this Ordinance, a tax of $ on each $100 assessed value of all taxable property. SECTION II. That of the total tax, $ on each $100 of assessed value shall be distributed to the General Fund of the City to fund maintenance and operation expenditures of the City, SECTION III. That of the total tax, $ on each $100 of assessed value shall be distributed to pay the City's debt service as provided by Section 26.04(,-.)(3) of the Texas Property Tax Code. I SECTION IV. That pursuant to Article VIII, Section 1-b of the Texas Constitution, $5,000 of the assessed value of resident home- steads shall be exempt from City ad valorem taxes, SECTION V. That pursuant to Article VIII, Section 1-b of the Texas Constitution, $20,000 of the assessed value of resident home- steads of persons sixty-five (65) years of age or older shall be exempt from city ad valorem taxes, SECTION VI. That for enforcement of the collection of taxes hereby levied, the City of Denton shall have available all rights and remedies provided by law. SEC Io II. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court or competent jurisdiction, such holding shall not affect the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. 1 i z r. H1 C ; 1 SECTION VIII. That this ordinance shall become effective im- mediately upon its passage and approval, PASSED AND APPROVED this the day of , 1991. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY. i APPROVED AS TO LEGAL FORM? DEBRA A. DRAYOVITCH, CITY ATTORNEY BY, f Page 2 i { 9L:Xt'.rl" d {/!U„MiAy I~"r• fP.1 e5S*~ T ,f(yppq~ .I J Y'IAWX September 17, 1991 1 i CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL f FROM: Lloyd Harrell, City Manager SUBJECT: CONSIDER ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WATER SERVICES RECOMMENDATION: Approval of ordinance amending the Schedule of Rates for Water Service consistent with preliminary decisions made by the City Council at the September 3, 1991 work session. BACKGROUND: During development of the fiscal year 1992 water utility operating budget, an initial estimate was made that a-rate increase of approximately 108 was required to cover anticipated costs. During the past two months, revenue and cost estimates were revised as the result of a'formal rate study and a rate increase of over 158 was identified, due primarily to the loss of $400,000 in anticipated revenue from the Upper Trinity Regional Water District. The Public Utility Board reviewed various rate and rate design options and recommended the rate increase be held to 10.238 by identifying several budget line items that could be reduced. SUMMARY: On September 3, the City Council reviewed the list oP potential budget reductions necessary to reduce the rate increase below 158. The council made the decision to accept the reductions in the priority order presented except that $155,000 for water line replacement be retained in the budget.` Reductions included moving $250,000 for economic development plan lines from revenue to bond funds, eliminating funds for a supervisory position at the water treatment plant, reducing I the cost of repainting a water tower by splitting the cost between two fiscal years, and postponing the demolition of two water wells. This decision resulted in a recommended water rate increase of 11.408 for fiscal 1992. i r s City Council Agenda Item Page 2 FISCAL SUMMARY: Based on a 11.40% increase in fiscal , year total projected revenues of y 1992 water tans, ' $6,811,665 would cover total projected expenditures and produce a net gain of $15,982. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton, Denton Muniripal Utilities, General Government, Customer Service, Legal Tiepartment, Public Utilities Board, and Cite Council. Respectfu):ly submitted, i r C])6ogyd V. Harrell City Manager Prepared by, Howard Marti , Director of Environments). Operations/Financial Administration Approved by, R. E. Nelson Executive Director of Utilities Exhibits: I, Proposed Water Service Ordinance II. Minutes PUB Mtg. of 8/22/91 FILE:Ct\WP5I\CCAGENDA\WRATES91 i S r, ~j EXCERPT FB1M PUB MINUTES OF ALUM 22, 1991 4. CONSIDER ORDINANCE INCREASING WATER RATES. Nelson introduced this item advising that the city council has had a tremendous number of inquiries regarding the increase in water rates during such a difficult year. Staff originally anticipated a 10% overall rate increase in water; however, the cost of service study indicated an 11.7% increase will be required. The Board asked staff to bring back a 108 increase. In the midst of this, the City Council gave direction to staff not to proceed with the participation agreement with the Upper Trinity } Regional Water District, which means the Department will not receive ;r approximately $400,000 in anticipated ravenues. This action jumped the increase required to 15.5%. Staff has restructured several programs in an effort to provide good service to the community. Recognizing the City Council and community concerns about rates, if there is an interest in bring the proposed increase down below the proposed 10% increase, the Department could once again delay repay of the loan to the Electric Department another year, thus bringing the rate increase requirement down to 7.58 or even 58 if the Board and Council are interested in doing so. Nelson continued by advising the Board that the City Council has asked for a report on the bottom line effects of no increase in either water or wastewater. Staff concerns are about wastewater, since the city begins to jeopardize itself regarding regulatory issues involved. However, some flexibility in water rates may be there. Staff has prepared rate increases of 10%. 7.58 or 5% for the Board's consideration. Martin discussed the return on investment stating that the previous water and wastewater pro formas were based on the transfer of their hydro assets to the Electric Department and this would amount to 5 70,000 ~ in the Water Department and ;90 000 in the a t W s ewater Department. As a result of new information and researching records back to October, 1990, the $1.2 and $lo3 million had not yet been transferred out of the Water and Wastewater Departments and, therefore, theme are still some questions about the transfer of the hydro assets to the Electric Department. Laney commented he thought the hydro was transferred back to the Electric Department some time ago. Nelson indicated that this was done, however, the Return on Investment (ROT) expenditures for the hydros prior to September 30, 1990. At that point in time, the Utility had not expended the full amount and the department can only transfer the amount that was expended. The difimrence between the full amount (ROI on that) represents the $70,000. f t 1 s# Martin then reviewed the staff's development of revenue targets, the ! current versus proposed water rates, and the affect of the props:;gd 1.08 increase on annual water bills (low, medium and high), ant lie ` indicated that an increase for an annual usage of 70,300 gallons would cause an increase in the bill of $23.16 over an entire year; with a usage of 132,400 gallons/year, the annual dollar change would be $36.49; an annual usage of 266,100 gallons on annual basis would indicate an $85.59 increase in the annual bill. Martin indicated that 608 of the Denton customers use less than 10,000 gallons per month. 4 Thompson commented that there are still capital improvements that continue to stress the Utility. The Utility Department is facing increased capital costs for the foreseeable future, including the Ray Roberts payment of $2,0690000 each year= if Denton puts off the 108 rate increase this year, next year it may be necessary to request an even larger increase. Nelson advised this would be so c unless staff Thompson strew ed that these representtcommitments already maderand the Department cannot reverse them. Martin then reviewed cuts that would be possible to allow a rate r, reduction below the proposed 108; he indicated that as far as the painting of the water tank is concerned, a fund has been set aside, and half of the money required for this project will be put in this year, half next year; the next item Martin suggested is the reduce the loan repayment of the Water Department to the Electric Department. Martin also discussed moving development plan lines from current revenue to bond funds. Martin requested direction from the Board. Thompson felt the discussion was rehashing earlier made decisions; he emphasized that he recalled when economic development plans were discussed, the Hoard indicated "pay as you go" because if the Utility borrows to extend lines it costs double; now at the first sign of economic hard timer it is tempting to pay out of borrowing instead of income. Laney also mentioned that the $250,000 was to be invested fund until there was $2 million established and this was to bendone by not selling bonds; to date, as far as the Board knows, none of this money has been expended. There continued extensive discussion regarding "creating debt", i.e., selling bonds to finance economic development. Harrell commented that if a hot prospect comes in, the money will be taken out of bond funds, but if not, it simply won't be there. Ridens stated the Utility really doesn't have the money) Laney commented the Board has always said that if the demand was there, the Utility would supply that demand. i I r z. t a r I 1 i r F1 !444+ Coplen commented that if Denton incurs a requirement as far as economic development goes during 1992, then staff would have a clear picture as far as budgeting; right now there is no precedent not and it appears it would not be prudent when no project is before the Board. Thompson emphasized the Board has always said this money would be taken out of earnings; this year the Department does not have any earnings; we are saying we will "borrow" if a prospect comes into the Denton area. Nelson commented that staff is concerned with the difficulty the Council is facing with the possibility of a tax increase; on the r wastewater side, staff is very concerned about having revenues sufficient to meet deadlines on permit limitations; if the Board is looking for flexibility, it would be better taken from the water side. j Coplen asked about the possibility of a $400,000 loss of income coming back to the Utility or is this money gone forever? Nelson stated that Council wants the Department to movc foreword with the wholesale water contract, Denton could step out of this and sell a portion of the plant if the Council desires. Coplen asked it the Council _is _aware they are creating a 5% increase in rates by that decision. Harrell assured the Board that this would be emphasized to 3 the City Council. a Coplen stated that, with what staff is offering, and no $400,000 decrease, the city could offer the citizens of Denton no increase. ` Coplen noted that the Department has a high quality of people, and there is not one of them that is unwilling to take this prudent approach) however, the City Council is pi.:ting the rate increase on the community when they made that decision. Action: Laney made a motion to recommend to the City Council that A 104 increase utilizing items on budget options nos. 1-6 to reduce the proposed increase. Thompson asked it the Board should make recommendation for the 101 proposal i with the understanding if the City Council sees fit for other reasons, they can lower the increase to 71 or 51 and the Board believes this would not adversely affect the utility's level of service to the customer. Coplen commented that the staff is able to operate adequately on any of the three levels of a 101-7i or 51 increase. I i~ Frady reiterated the Board recommends the 104 increase, but if the Citg Council sees fit, the Department can live with a 7% or 54 increase; however, next year's rates must be adjusted accordingly. Frady asked if the Finance Department could do some innovative refinancing to the Electric Department for the Water Department debt so that it could be paid off a little at a time. Harrell summarized by stating if you make a major investment, the Department would go sell bonds and the future people would be paying that debt as opposed to the people of today paying; Kathy stated that what the Department is doing is paying $2 million/yr to pay off that $53 million dollars on a 50 year debt. The City will own that asset, Depreciation is j, just a way of spreading the cost over the life of the asset. Nelson added that, unlike when the Utility pays debt off on its assets, 10% may pay on the principal payment, the other 94 representing an interest payment; the 104 still counts as an asset; whereas, currently, the Department never gets to count Ray Roberts as an asset. The Department is. getting no value back on the equity side; referring to "innovative financing", Nelson commented that most of the debt owed is due to depreciation on the income statement. Dubois stated that, on a cash basis, the Water/Wastewater Department lost i $426,000 for 89-•900 and has an estimated lose of *243,000 for this year; ' with this $ .5 million loss of last year and $.25 ,pillion loss this year, ' this is the reason the Water/Wastewater Department is having trouble paying off the Electric Department. Ridens commented that when this item is presented to the City Council, they should know they have other options, and also they should know of the Board's recommendation of the 104 increase. Action: Chairman Thompson called for the vote on the.10% Increase with the ability of Council to decide whether a lower increase is in order. All ayes, no nays, motion carried. Thompson emphasized that regarding the accounting procedures on depreciation, the Board would like John McOrane to talk with the Board at their next meeting, CONSIDER ORDINANCL INCREASING WASTEWATER RATES Martin reviewed these rates stating that the recommended increase is 15.01%. Examples of the increase in customer billings were given: k For a usage based on 70,300 gallons (small), the bill will increase from $115.11 to $130.75 (f16.63) annually representing a 14.57% increase, For a usage based on 132,400 gallons, the bill would increase from $199490 to $216.63, or $26.74 annually; 1 M? • • . «J .MAIM 1 l ~ I S'y ~ e:wpdocs\Watrate,a 'iflp(;!! ORDINANCE NO. y. AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WATER SERVICES PROVIDING A ScVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ♦THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SE-CTI N I. That the Rate Sch ;dv.les for Water service as t . provided for in Chapter 26 of the Cour of Ordinances, are amended to read as follows: WATER RATE SCHEDULER AG 2 WR Residential Water Service 4 WRN Residential Water Service Not Connected to Sewer 6 WC Commercial/Industrial Water Service Rate WCN Commercial/Industrial Water Service Not 8 Connected to Sewer 10 WGI Government Sprinkler Irrigation Rate WWI Water Sale for Resale to Municipal Corporations, Water Districts & other Governmental Entities 1? By Agreements Prior to June 1, 1986 WW2 Water Sales for Resale to Municipal Water Districts & other Governmental Entities 13 By Agreements After June 1, 1986 14 WG Intra-Governmental Sales of Finished Water WGN Intra-Governmental Water Services Not connected 16 to Sewer 18 WGU Intra-Governmental Sales of Untreated Water 20 WFH Metered Water from Fire Hydrant 21 WRE Extra-Jurisdictional Residential Water Service f WCE - Extra-Jurisdictional Commercial & Industrial Water Service 23 23 Special Facilities Rider f , , it 3 SCHEDULE WR RESLD X14 AL WATER SERVICF~ (Effective 10/1/911 APPLWATION ceo Applicable for nno mobile homes or multi-fami y faciliti sdwith less metered apartments than 4 units. Not applicable to resale, temporary, standby, or supplementary service except in conjunction with applicable rider. NL M~ ONTHLY RATE ; (1) Facility Charge Bill na Per 30 Days $ ~ 3/4" Meter s.25 $ 9.25 101 Meter 1_1/201 Meter $1$144.,00 00 2" Meter ` (2) Volume Charge Rate Per.4° WI TE SU Billing months of BiXl"ithrough ng months hsT of NOV through APRIL 0-15,000 gals $2.22 $2.22 $3.35 15,000-30,000 gals $2.22 $4,20 Over 30,000 gals $2.22 MTAiTbSS TN( BT Facility charge MUM ~I Hills are due when rendered, and become past clue if not paid within 15 calendar days from date of issuance. y eet All services which require special facili e0 in subject tto meet customer's service requirements shall be provided special facilities rider. PAGE 2 a T- A M1 .a'M t R&O RATION nx U LITY SILLS (a) Billing for the Facility charge shall be based on 12 billings annually, Formula: prr+ial drys in rea ina period x customer charge 3o days shal be based on 30 days per (b) Billing for the water month to be charged to determine the million used to each rate block. Formula: ua day~ pericd X per 1,000 gallons ingrate GAL i rate block x 30 ays days block ii i ,i PAGE 3 ~1 T 7 f jfy®p~77 SCHEDULE WRN RESIDENTIAL WATER SERVICE NOT CON ECTEDTO SEWER (Effective 10/1/911 ApPi ICATIOIQ ` Applicable for single family residential service, and individually metered apartments or mobile homes or nulti-family facilities with E less than 4 units, where the metered water is not returned to the ion and treatments i.e., lawn sprinkler f' collect wastewater system for or septic system. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONT LY RAT' (1) Facility Charge $jil Jj11T 30 Days 3/411 Meter $ 0.25 1" Meter $ 9.50 1-1/211 Meter $14.00 211 Meter $15.65 (2) Volume Charge gate Per i 000 GAllona WINTER SUMMRB Billing months of Billing months of NOV through APRIL MAY through OCT 0-15,000 gals $2.22 $2.22 15,000-30,000 gals $2.22 $3.35 over 30,000 gals $2.22 $4.20 MTN'1_MUM BI TNG Facility Charge PAZ= are due when rendered, and became past due if not paid within 15 calendar days from date of issuance. PAGE 4 4 f S. Y~^ ~y f3 ~i SUCIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. ~ ARL+RaTTON OF UTILTmV BTLLS I (a) Billing for the Facility charge shall be based on 12 billings annually. Formula. l a days in.. read_ ina per"c x customer charge E i. 30 days i (b) Billing for the water used shall be based on 30 days per month to determine the million gallon consumption to be charged ' to each rate block. ; Formula ; p~}++ i gays in reading period x GAL in rate block x RATE' 30 days per 1,000 gallons in rate i block , y I I i PAGE 5 L) S lei i r.: ' SCHEDULE CPC COMMERCIAL/INDUSTRIAL WATER SERVICE RATE [Effective 10/1/91] 1 ~ APPLICATION Applicable to all commercial and industrial users, or other water users not otherwise classified under this ordinance. For all water provided ` at one point of delivery and measured through one meter. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RAC I (1) Facility Charge Billing Per 30 Davy 3/4" Meter $ 17.20 1" Meter $ 18.85 1-1/2" Meter $ 21.80 f 2" Meter $ 24.30 301 Meter $ 68.75 4" Meter $114.55 6" Meter $147.30 ga :Meter $166.90 (2) Volume Charge $2.50 per 1000 gallons MrNrMUM FILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meat customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. PAGE 6 r ,y'•a fSf,1h'HY,y ply { Formula: Actual days in reading-period x customer charge 30 days (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. Formula: Actual days in reading ne-io-sl x GAL in rate block x RATE 30 days per 1,000 gallons in rate block i i i i i PAGE 7 i 1 j YA, 444. 1r SCHEDULE WCN COMMERCIAL/INDUSTRIAL WATER SERVICE ° NOT CONNECTED TO SEWER 4 (Effective 10/1/91) ,APPLICATION Applicable to all commercial and industrial users, or other water users. not otherwise classified under this ordinance. For all water provided at one point of delivery and measured through one meter where the metered water is not returned to the wastewater system for collection and treatment; i.e., water used in production or irrigation or where wastewater flow is measured separately. a r Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. NL MONTMLLXRATE (1) Facility Charge B inq_Per 30 Days 3/4" Meter. $ 17,20 1" Meter $ 18.85 1-1/2" Meter $ 21.80 211 Meter $ 24.30 311 Meter $ 68.75 41' Meter $114.55 611 Meter $147.30 8" Meter $166.90 (2) Volume Charge $2.50 per 1,000 gallons MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from data of issuance. SZQIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 8 i "1Y rA. M''j fitUt4lt'.' j i PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual davs in reading period x customer charge 30 days (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. Formula: Actual d,gvs in reading period x GAL in rate block x RATE 30 days per 1,000 gallons in rate block i i i r , 1 3 i PAGE 9 j j t~tlf]{ i is i i1 SCHEDULE WWI GOVERNMENT SPRTNj R RRIGATTON RATE (Effective 10/1/91) j~PPLICATTON Applicable to sales of finished water for median irrigation purposes to all City of Denton Departments and accounts supplied at one point of delivery and measured throlagh one meter. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. c NET MONTHLY RATE ~ t (1) Facility Charge_ Billind Per 10 : (A) Meter Charge 3/411 Meter $18.30 1" Meter 1-1/2" Meter $25.75 2" Meter $30.85 (B) sor9nkler Charge Per 100 square feet $ 1.00 (2) Volume Charge $2.35 per 1,000 gallons MINIMUM BILLING Facility Charge P Y N , Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACLITTES All services which require special facilities in order to meet cuL~tomsrls service requirements shall be provided subject no the special facilities rider. PAGE 10 T S !f {(I ii PRORATION OF UTILITY SILLS (a) Billings for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x Facility charge 30 (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. Formula: Actual days in reading period x GAL in rate block x RATE 30 per 1,000 gallons in rate block, 3 t E PAGE 11 i F1 i V F SCHEDULE WW1 4r WATER SALE FOR RESALE TO MUNICIPAL CORPORATIONS, y WATER DISTRICTS, AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENT EFFECTIVE PRIOR TO JUNE 1, 1986 [Effective 1-1-911 APPLICATION Applicable to all water sales contracts with municipal corporations, water districts, or governmental entities made prior to June 1, 1986, for the purpose of providing water for resale to the public. Not applicable for temporary, standby, or supplementary service except in conjunction with applicable rider. MONTHLY CHARGES (1) Facility Charge $155.00 (2) Volume Rate $ 0.90 per 1,000 gallons (3) Demand Rate $240.00 per 1.000 gallons 12 { *A U CHARGE (4) Readiness to Serve Rate $ 0.4719 per 1,000 gallons f *As determined in the last month of each Contractual Water Year. The annual charge, if any, shall be included on the monthly billing for the next July following the end of the Water Year for which it is charged, and shall be billed and be payable in accordance with the monthly billing provided for below. T PAYMEN Denton shall render bills on the tenth (10th) day of each month. Bills shall be due and payable when rendered. Bills are considered delinquent if not paid by than twenty-fifth (25th) day of the month. There shall be a five percent: (5%) o: five hundred dollar ($500.00) charge, whichever is less, added tc, the bill if not paid by the twenty-fifth (25th) of the month. PAGE 12 _I 'VIA I L, 4 SCHEDULE WW2 i WATER SALES FOR RESALE TO MUNICIPAL CORPORATIONS, WATER DISTRICTS, AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENT, AFTER JUNE 1 1986 (Effective 1-1-91] APPLICATION Applicable to all water sales contracts with municipal corporations, water districts, or governmental entities made on or after June 1, 1986, for the purpose of providing water for resale to the public. Not applicable for temporary, standby, or supplementary service except in conjunction with applicable rider. MONTHLY CHAE§V3 i (1) Facility Charge $170.00 (2) Volume Rate $ 0.90 per 1,000 gallons (3) Demand Rate $,28.80 per 1 00 aalions ! 12 *ANNUAL CHARGE t (4) Readiness to Serve Rate $ 0.4719 per 1,000 gallons *As determined in the last month of each Contractual Water Year, The annual charge, if any, shall be include; on the monthly billinq for the next July following the and of the water Year for which it is charged, and shall be billed and be payable in accordance with the monthly billing provided for below. PAYMENT Denton shall render bills on the tenth (10th) day, of each month. Bills shall be due and payable when ren.xered. Bills are considered delinquent if not paid by the twenty-fifth (25th) day of the month. There shall be a five percent (5$) or five hundred dollar ($500.00) charge, whichever is less, added to the bill if not paid by the twenty-fifth (25th) of the month. if not paid by the last day of the month, there shall be an additional interest charged on the unpaid balance, equal to the auction average rate quoted on a bank discount basis for a twenty-six (26) week treasury bill issued by the. United States government, as published by the Federal Reserve, for the week prior to the date such bill or bills are delinquent, or ten percent (101), whichever is less. PAGE 13 t 5` . S,E SCHEDULE WO =i INTRA-GOVERNM NT SALES OF FINISHED WATER (Effective 10/1/911 l P-P-LICATION all Applicable to sales ofatfinished water to ivery~and measured through one and accounts supplied one point of del meter. F Mot applicable to resale service in any event, nor to temporary, t standby, or supplementary service except in conjunction with applicable rider. NFT MONTH Y RATE (1) Facility Charge Bill s~ n Per 30 Days 3/411 Meter $ 12.30 $ 13.65 1" Meter $ 16.95 1-1/2" Meter 21t Meter $ 19.10 I $ 58.30 3" Meter $ 92.65 4" Meter 1 6" Meter $116.65. i 8" Meter $136.25 (2) Volume charge $2.35 per 1,000 gallons MINI MIIM BILLJ G: Facility Charge pAYME Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. ctnrt~TAt FACILIT.~.E t. eet All services shallf be lprovided subject to mthe rereire quirementsspecial ervicewhich Customer's special facilities rider. ttmTT.TTY SILLS vahx2AR'TON Ob (a) Billing for the Facility charge shall be based on 12 billings annually. f PAGE 14 i z. r Formulat Actual days in reading _period x facility charge 30 days (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. Formula: Actual days in reading period x GAL in rate block x RATE 30 days per 1,000 gallons in rate blook l { { i i i j 1 PAGE 15 I'1, y 1 kX' Y" n- i a. r, 1i SCHEDULE WGN INTRA-COVFRNMENTAL WATER SF~VTC S NOT CONNECTED TO SEWER k (Effective 10/1/91) 1 _APLICA= Applicable to sales of finished water to all City of Denton Departments and governmental agencies supplied at one point of delivery and measured through one meter where the metered water, is not returned to the wastewater system for collection and treatment. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Da Ys 3/41' Meter $ 12.30 1" Meter $ 13.65 1--1/2" Meter $ 16.95 21' Meter• $ 19.10 3" Meter $ 58.30 4B Meter $ 92.65 6" Meter $116.65 8" Meter $136.25 (2) Volume Charge $2,35 per 1,000 gallons MINIMUM BILLING Facility Charge P YM i Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL -FACILITIES All services which require special facilities in order to meet customers service requirements shall be provided subject; to the special facilities rider. PRGRATIQN OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. PAGE 16 a a IPJ t i I 1 ~i t,! Formula: arrival davs n readina period x customer charge 30 days (b) Billing for the water used shall be based on 3o days per month to determine the gallon consumption to be charged to each rate block. Formula: c u mks in reading period X GAL in rate block x HATE 30 days per 1,000 gallons in rate block 'r i i PAGE 17 i T t I p f~ r s {t SCHEDULE WOU INTRA-GOVERNMENTAL SALES OF UNTREATED WATER (Effective 10/1/911 APPLICATION Applicable to all City of Denton Departments and accounts for untreated water supplied at one point of delivery and measured through one meter. Not applicable for resale except in conjunction with applicable rider. NET MONTHLY 1ATE (1) Facility Charge $142.00 per 30 days (2) Volume Charge $ 1.40 per 1,000 gallidus MINIMUM BILLING Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 r calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formulas Actual days in reading period x customer charge 30 days r ~ (b) Billing for the water used shall be based on 30 'days per month to determine the gallon consumption to bo charged to each rate block. PAGE 18 4 1 `V j Ik Formula: _ i rpadina Derip-d x GAL in rate block x RATE Actual av 30 days per 1,000 gallons in rate block 17 j PAGE 19 i area - Ic~;1.ao j ' n t SCHEDULE WFH METERED WA-TER FROM FIRE HYDRANT (Effective 10/1/911 APPLICATION Applicable for all water taken through a fire hydrant or other direct distribution line source at one location for private or commercial use not associated with fire fighting. DEPOSIT $650.00 User shall place a deposit for each use of each of the City's hydrant meter(s) needed. Deposit to be returned when meter is returned and ).'inal bill is paid. NET RATE t Volume Charge: $ 2.50 per 1,000 gallons Volume use shall be computed by subtracting the meter reading at time of customer paying deposit and receiving meter from meter reading upon return of meter times any applicable multiplier. i FACILITY CHARGE $ 27.50 per 30 days INSTALLATION CHARGE $ 45.50 per meter per installation PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. 3 1 PAGE 20 SCHEDULE WRE EXTRA-JURISDICTIONAL RESIDENTIAL WATER SERVICE (Effective 10/1/913 AP)ELICATION Applicable for single family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than 4 units outside the corporate limits of the City of ; Denton. NET MONTHLY RATF j ~ (1) Facility Charge lling Per 30 Days 3/410 Meter $11.15 1" Meter $12.25 1-1/2" Meter $16.70 2" Meter $20.00 I - I (2) Volume Charge Rate Per 1.000 Gallons wINTFu SUMME - Billing months of Billing months of through through f APRIL OCT MAY 0-15,000 gals $2.95 $2.95 15,000-30,000 gals $2.95 $4.00 Over 30,000 gals $2.95 $5.00 MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet, customer's service requirements shall be provided subject to tho special facilities rider. PAGE 21 i y I ; 1 r. U l t t { PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer charge 30 days (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate black, i f Formula: Actual nays in readina period x GAL in rate block x RATE 30 days per 1,000 gallons in rata block ; ~r , ~kk , E f { PAGE 22 k jI h Y EIJ e i BCHEDULE IPCE EXTRA-JURISDICTIONAL COMMERCIAL & INDUSTRIAL a WATER SERVIC [Eefective 10/1/911 ~ P 7 J~TTON I Applicable for all commercial and industrial users or other agars not otherwise classified under this ordinance outside of the Denton for all water servce its of point ofgdelCity ivery of and measured through one met r. provided one core detest m Not applicable to temporary, standby or supplementary service, except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility charge pilling Per 30 Dave $ ) 3/4" Meter 18.55 50 1" Meter 20. $ 1-1/2" Meter 25•.95 a $ 25.50 2" Meter $ 87.90 3" Meter 4" Meter $147,40 6u Meter $188.90 all Meter $214.05 f (2) Volume Charge $3.15 per 1,000 gallons MINI tN-BILLINGt Facility Charge ,FAYMEM Bills are due when render6d, and become past due if not paid within 15 calendar days from date of issuance. aot!rtirAr ,FAG'~T;~TIxS. All services which require special facilities in order to meet customer's servioe ;requirements shall be provided subject to the special facilities rider. p} ux mmN of gT3 r!'.almS (a) Billing $or the Facility charge shall be based on 12 billings annually. i PAGE 21 s _I d I 1A "'S M ai Formulas 3 Actual clays ire i1 e o x customer charge 30 days f (b) Billing fr,r the water used shall be based on 30 drys per month to determine the gallon consumption to be charged to each rate block. Formula: x ~a days in read~nc neriad x dAL in rate block x RATE 30 days per 1,000 gallons in rate black i SPECIAL FAC LITTES RIDS (1) All service shall be offered from available facilities. If a customer service characteristic requires facilities and , i, devices which are not normally and readily available at the location at which the customer requests service, then the j Utility shall provide the service subject to par.agra»h 2 of this schedule. (2) The total cost of all facilities required to moot the ~ f customers load characteristics which are incurred by the Utility shall be subject to a special contract entered into between the Utility and the customer, This contract shall be signed by both parties prior to the Utility providing service to the customer. I i k PAGE 24 j f F. f4"TCYYr~ f. f r)I SECT 0 Yr L0 I That if any section, subsection, paragraph, sentence, clause, phrase or ward in this ordinance, or applioation thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the city Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. be effeo iveN JJ,X. That the Schedule of Rates herein adapted shall. , nargsd and applied to the first regular billing cycle on or after October 1, 1991, i PASSED AND APPROVED this day of ~ 1991. 90B 'CASTLEBERRY, MAYOR ATTESTt SENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS To LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY r BY: I 3 i PAGE 25 E i September 17, 1991 PITY COUNCIL AGENDA ITEM f TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROMi Lloyd Harrell, City Manager SUBJECTI CONSIDER ORDINANCE AMENDING SCHEDULE OF RATES FOR SEWER SERVICE RECOMMENDATION1 Approval of ordinance amendin~j the Schedule of Rates for Sewer I Service consistent with preliminary decisions made by City ; Council at the September 31 1991 work session. BACKGROUNDi The fiscal year 1992 wastewater budget and Capital improvements PJ,an identifies expenditures necessary to upgrade the wastewater treatment plant and address other programs necessary to comply with more stringent regulatory requirements. A rate increase of over 15% was developed to cover these additional costs. The Publio Utilities Board proposed a change in the way residential summer wastewater charges were calculated. Consideration was given to a proposal that residential customers be allowed to use four months of actual winter consumption to calculate summer wastewater charges and be able to eliminate the highest volume month. This proposal would result in a loss of approximately $1940000 in wastewater utility revenue. A list of potential budget cuts was developed to compensate for the loss in revenues. The Public Utility Board recommended a 15,01% rate increase and a change in the methodology used to calculate wastewater discharge to the system to the City Council, SUMMARYs on September 31 the City Council made the decision to retain the current methodology of calculating wastewater charges and to reduce the rate increase by approving the list of budget cut options as presented. These reductions included $54,000 - for sewer line replacement, $74,500 for vehicles, equipment, and office machines, $7,000 for services, and $79,500 for rescheduling of the wastewater plant improvement and other misc reductions. This decision resulted in a recommended wastewater rate increase of 11.53% for fiscal 1992. z F... 71 i t { i it i City Council Agenda Item Page 2 FISCAL SUMMARY: Based on a 11.53% increase in fiscal year 1992 wastewater rates, total projected revenues of $6,811,665 would cover ? total projected expenditures and produce a net gain of $13,755. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton, Denton Municipal Utilities, General Government, Customer Service, Legal Department, Public Utilities Board, and City Council. Respectfully submitted', Lod V. Haire 1 City Manager Prepared by, Howard Martin, Director of Environmental operations/Financial Administration Approved by, F2. E. Nelson Executive Director of Utilities Exhibits: 1. Proposed Sewer Service Ordinance 11. Minutes PUB Mtg. of 8/22/91 FILEtCi\WP51\CCAdENDA\WWRhTH91 f 1 1 J w., . t ' .f Frady reiterated the Board recommends the 108 increase, but if the Cit} Council sees fit, the Department can live with a 7% or 5% increase; however, next year's rates must be adjusted accordingly. Frady asked if the Finance Department could do some innovative refinancing to the Electric Department for the Water Department debt so that it could be paid off a little at a time, I Harrell summarized by stating if you make a major investment, the Department would go sell bonds and the future people would be paying that debt as opposed to the people of today paying) Kathy stated that what the Department is doing is paying $2 million/yr to pay. off that $53 million' dollars on a 50 year debt. The City will own that asset. Depreciation is just a way of spreading the cost over the life of the asset. t Nelson added that, unlike when the Utility pays debt off on its assets, 103 may pay on the principal payment, the other 9% representing an interest. payment; the 108 still counts as an asset) whereas, currently, the Department never gets to count stay Roberts as an asset. The Department, is getting no value back on the equity side; referring to "innovative 's financing", Nelson commented that most of the debt owed is due to a depreciation on the income statement. Dubois stated that, on a cash basis, the Water/Wastewater Department lost $426,100 for 89-90, and has an estimated loss of $243,000 for this year; with this $ .5 million loss of last year and ;.25 million lose this year, ; this is the reason the Water/Wastewater Department is having trouble paying ,I off the Electric Department. Ridens commented that when this item is presented to the City Council, they should know they have other options, and also they should know of the Board's recommendation of the 101 increase. Actions Nairman Thompson called for the vote on the 101 ircreaea with the ability of Council to decide whether a lower increase is in order. All ayes, no nays, motion carried. Thompson emphasized that regarding the acc:,unting procedures on depreciation, the Board would like John Mcarana to talk with the Board at their next wasting, j CONSIDER ORDINANCE INCREASING WASTEW,f'4TXR RATES j Martin reviewed these rates stating that the recommended increase is 15.011. Examples of the increase in customer billings were givens For a uoage based on 70,300 gallons (small), the bill will increase from $115.11 to $130,75 (;i6.63) annually representing a 34.%78 increase. For a usege based on 132,400 gallons, the bill would increase from $189.90 to $216,630 or $26,74 annually; 1 Nelson pointed out that staff is still using the three winter months' average to ar,lculate sewer, use, The Board hold asked that staff use four winter months and throw out the highest, but staff found when testing this met,,*.od, that by doing that, even with a 131 rats increase, the utility woald,not collect $194,316 for next year if that policy change was made, t, Laney and Thompson both reiterated that the Board id made the dgcia,fon to go with four months and throw out the highest. S f~ ra Mort,in reviewed Revenue Targets indicating that approximately $20!`,000 of exponss would nerd to be removed from tho cost to make up the anticipated' $ loss in revenues. Using the decision to jo with the four months useage calculation, Martin' mhowed Budget Options to maze up the $194,316 as follower a> Rescheduling the Wastewater Treatment Plants Martin stated there are risks involved with this option. Denton could reduce approximately $9000 by rescheduling the wastewater treatment plant within the 30 months the Texas Water Commission has alloted the cityp if construction is delayed two months and work spread out over 24 months, $24400 can be out out over the next year, Staff is r confident that the City can meet TW(: compliance schedule indicated to us within this period. However, staff does not know if the Environmental Protection Agency will allow tho full 30 months, TWC has indicated they will give Denton this schedule in the proposed permit. Martin also reviewed several other outs that will allow the department to hold the line on expenditures to make up for the $194,316 anticipated loss. f Thompson asked when staff know about the compliance schedule, Martin advised this will be worked out within the next two to three weeks. Martin advised that the policy decision to go to a four month average of water useage for sower billing requires a 191 increase, in wastewater rates. Coplen stated he would like to consider the four vs the three months options, and since this is driving the increase in rates, the Board ought to recommend that and make a recommendation of 11,54; if the City Council insists on averaging four months, the rate would be 151. Thompson stated it was not Council, action that recommended four months Hugh Ayro requested that the Board look at this option, 4M~NwMMU7w+► T . i 3 Coplen made a motion to recommend to Council a 131 increase with the understanding that the reason is due to the action of going to four months averaging which has been requested initially; however the E; Board recommends an 11.53 increase based on the department's operating needs) if the City Council wishes to encourage the Board i.0 go from a three months averaging to a four months averaging basis, the rate will have to increase 153. { Nelson asked if the Board would give the council the option of reducing rates another 3.537 Coplen emphasized he wants the council to be aware they are adding the burden of rate increases to the community. Harrell commented this is more of an equity argument) what we are trying to measure is the amount of water used going down the sanitary sewer system) the argument is that by taking the four winter months there could be unusual circumstanes that happen in the winter months; something could happen one month and the customer could wind up paying for it for the next 12 months. 6Ridens stated her recommendation would be to go the 153 with the option of reducing another 3.51. Coplen's.motion died due to lack of second. Actioni Rl onns made a motion that the Board recommend a 154 increase plus the budget cuts as shown by staff. Second by Frady. Chairman Thompson requested yea votes; acknowledged by Thompson, Laney, Frady, Ridena; no dissenting vote was requested, however-Coplen wished to go on record as a dissenting vote to thin motion. Motion carried. Looking at rate decreases in the electric department and increases in the water/Wastewater Department, Martin advised the customer's annual bill would go from $19.49 to $19.76 or 1,304 overall; a larger customer (i.e,, 03) would go from $1936,59 to $2011,63 overall or a combined increase of $06.04 or 4.473 annually in utility bills. i i 1WMw.wa..wwwrr I 1 i I eiwpdocs\sourete.o 1 1 s ORDINANCE N0. r AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR SEWER "SERVICE) AND a PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS' I SECTION I. That the Rate Schedules for sewer seLwice as provided for in Chapter 26 of the Code of Ordinances, are amended to read as follows: SEWER RATE SCHEDOLOS PAGE 2 ; SR Residential Sewer Service 4 SC Regular Commercial Industrial sewer Service 6 SEp Restaurants & Food Service Sewer service 9 sES Equipment Services sewer service 12 SPT Commeroial/Industrial pretreatment Sewer Services SCD Commercial/Industrial sewer service with i4 Dedicated Water Meters' SSC Wholesale Sewer Treatment ice for Subdivision 16 Governmental Agency, ivis 16 SG Intragovernmental Sewer Service SGE Sale of Treated Sewer Effluent to Municipal 2tl Utility customers orate Limits 22 sM Metered sewer Inside/Outside Carp SRO Residential Sewer service to Users Outside 24 of Denton Corporate Limits SRN Residential Sewer Service to Urers without City 26 of Denton Water Service SCO Commeroial/Industrial Sewer Service Outside 28 the City of Denton Corporato Limits 1 ,t .1 t 1.- y' SCHEDULE SR V C k RESIDENTIAL SEWER JS (Effective 10/1/91) APPLICAT N 1 Applicable for single family refiidential service, and individually metered apartments or mobile homes; or multi-family facilities with less than 4 units. i Not applicable for sub-billing or other utility billing by service user in any event. NET MONTHLY .$~A F (1) Faoility Charge $4,45/70 days a I (2) Volume charge $1.65/1,000 gallon effluent Monthly billings shall be calculated by using ninety-eight percent' (98$) of water consumption for the month as determined herein, up to a maximum of thirty thousand 70,000) gallons. For the months of December through February, actual water consumption shall be used, For the months of March through November, the average monthly rate of water consumption for the preceding months of December through February shall be used. If the customer did not have water service for those prior months, the actual water consumption for the months March through November or 10,000 gallons, whichever is less, shall be used. MINIMUM BI LT.r TNO Facility Charge $4.45/70 days PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. ,9PECILL rACYLTTTE3 All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. } PAGE 2 T-_ r- (4, r PRORATIM OF VTj TY BILLS j (a) Billing for the Facility charge shall be based on 12 billings annually. i Formula: Aotual davsp_read~ng~eriod x customer charge 30 days (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formulat Aotual days in reading p od x GAL in rate block x RATE 30 days per 1,000 gallons in rate block s i i :j t PAGE 3 i S 0'4I f : 4{. f SCHEDULE SO COMMERCIAL AND INDUSTRIAL SEWER SERVICE (Effective 10/1/91] 1 S2) REGULAR COMMERCIAL 1 APPLICATION i Applicable to all commercial and industrial sewer service users and to all sewer service users not otherwise olassified under SEP, SES, or SPT listed herein or Schedule SCD. NET MONTHLY RATE j k l (1) Facility charge $10.75/30 days (2) Volume charge $2.15/1,000 gallon effluent Billing based on eighty (60%) percent of monthly water consumption. aAMkLjXG/ANALYP1S CHARGE Sampling charge (each) $30.00 Analysis charge (per test) $15.00 CO ERCIAL AND INDIJSTRIAL SURCHARGE In addition to the above charge for commercial and industrial service, there will be added to the net monthly rate an industrial surcharge based on the following formulas Cuu,VU ((BU-250) D + (Sup-250) 9)) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Su is the tested DOD level fcr user X or 250 mg/.l, whichever is greater. is the unit cost factor ($0.00159) for treating one unit of DOD per 11000 gallons. Su is the tested SS level for user X or 250 mg/l, whichever is greater, 0 is the unit cost factor ($0.00197) for treating one unit of SO per 1,000 gallons. MINIMUM BILLING i PAGE 4 f .r 1 I 4 i { $10.75/30 days P YA MNT ti Hills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. . entyACTLITT~ All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. punRATION OF UT rrrv BTT.TA (a) Billings for the Facility charge shall be based on 12 billings annually. Formulas z,nr„a7 days in read na )II IA x customer charge 30 days (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. prr a~ daVff in reading bariod x GAL in rate blocky PATE 30 days per 1,000 gallons in rate block PAGE 5 I s 3 `t 1 SCHEDULE SEP RESTAURANTS & FOOD SERVICE SEWER SERVICE (Effective 10/1/91] A22LI-CAUO-N 1 Applicable to all restaurants and food service operations which prepare and serve food directly to customers and are categorized by Standard industrial Code Numbers 5812 or 5813. NET MQNTHLY RATE (1) Facility charge $11.65/30 days (2) Volume Charge $2.85/1,000 gallon effluent Billing based on eighty (80%) percent of monthly water consumption. SEP EXEMPTIONS (1) Customers under the SEP rate shall be charged the SC rate if only pre-wrapped and pre-processed foods are served from their premises and no food processing is performed on the P<, premises so that only minimal organic material is dis- charged to the sanitary sewer, The exemption for the SEP class shall be determined by the City of Denton Environmen- tal Health Services Food Inspection Division. (2) Customers under the SEP rates shall be charged the SC rate ' plus the applicable industrial surcharge if the oustomers (a) Installs a wastewater sampling manhole on the sanitary sewer discharge linet (b) Agrees to pay for the City to sample and analyze, quarterly, the wastewater discharge for the following: Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), and Fats, Oils and Greaor (FOCI), bused on the actual costst and (c) Agrees to pay, based on the industrial surcharge formula, a surcharge on all wastewater discharged that is in excess of 500 mg/l of BOD and 500 TSS as deter- mined by the monitoring performed in Section 2(b). MINIMUM BILLING $11.65/30 days PAGE 6 I 1 ~ r i { ;j 1~1STRIAL SURCHARGE The industrial surcharge calculation that applies to equipment services claiming the SEP exemption shall be based on the following t formula: Cu=VU ((BU-250] B + (Su-250) S]) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Bu is the tented SOD level for user X or 250 mg/1, whichever is greater. B is the unit cost factor ($0[00159) for treating one unit of SOD per 1,000 gallons Su is the tested SS level for user X or. 250 mg/1, whichever is greater. S is the unit cost factor ($0.00197) for treating one unit of SS per 1,000 gallons. PAYMENT fl Bills are due when rendered, and become past due if not paid within 15 calendar C'tys from date of issuance[ SPECIAL FACILITIES All services which require special facilities in order to meet oustomerfs service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billings for the Facility charge shall be based on 12 billings annually. Formula: ,actual days in reading period x customer charge 30 days f PAGE 7 1 i rows: k v.{ i' P T (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rata block. Actual days in reading period x GAL in rate block x RATE 30 days per 1,000 gallons in rate block i I PAGE 9 1 i i 1.1 So 4rew4"tiRdt;] ! rives,.. L. T r.;y ) OCHEDOLE 9E3 tr; EQUIPMEiT "ERV rss s ws~t ssRy r [Etfective 10/1/911 Lula ATION .l Applicable to establishments which perform washing, cleaning or servicing categorized of by u standard sindustrialbCodeeNumbersi5541, 7549eor 7542, NET h -HTHIY RATE I (1) Facility Charge $11.65/30 days (2) volume charge $2.85/1,000 gallon effluent Billing based on eighty (80%) percent of monthly water consumption. SE4 EXEMti'Tl(MI Customers under the SES rates shall be charged the SC rate plus the applicable industrial surcharge if the customers (a) Installs a wastewater sampling manhole on the sanitary t sewer discharge linet (b) Agrees to pay for the City to sample and analyze, quarter- ly, the wastewater discharge for the followings Biochemical oxygen Demand (BOD), Total Suspended Solids (TSS), and Fats, Oils and Crease (FOG), based on the actual costsi and (c) Agrees to pay, Lased on the industrial surcharge formula, a surcharge on all wastewater discharged that is in excess of 500 mg/l of SOD and 600 TSS as determined by the monitoring performed in Section 2(b), I MrNIMLiM_ Bii4 $11.65/30 days 1 k PAGE 9 mom... ~ syrl. ITV 1 ` j~{M11pJq .4,i . 19 j' INDUSTRIAL SURCHARGE i The industrial surcharge calculation that applies to equipment ai j? services claiming the SES exemption shall be based on the following formulas Cu=Vu ((Bu-250] B + (Su-250) S)) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X, Su is the tested SOD level for user X or 250 mg/1, whichever is greater. B is the unit cost factor ($0.00159) for treating one unit of BOD per 11000 gallons, Su is the tested SS lever for user X or 250 mg/1, whichever is greater. S is the unit cost factor ($0,00197) for treating one unit of SS per 1,000 gallons, AYMEN Bills are due when rendered, and become past due if not paid within`15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTI CITY BILLS (a) Billings for the Facility charge shall be based on 12 billings annually Formula: Actua~ days in gad~na geriod x customer charge 30 days f i k PAGE 10 r Ys` YV~I1R.3k p g?~Rfa I I IV (b) Billing for the sewer effluent shall be bayed on 30 days per month to determine the gallon effluent to be charged to each rate block. al d in sad{na period x per rate block x RATE 30 days block t I 1 { t, i PAGE 11 i r - T-, SCHEDULE SVT COMMERCIAL/INDUSTRIAL PRETREATMENT SEWER SERVICES [Effective 10/1/91] APPL19ATION Applicable to all major commercial and industrial customers subject to 1 EPA Pretreatment criteria or such other commercial and industrial customers that have the probability of discharging extra strength wastewater or which may have substances in their wastewater which are listed on EPA's categorical pollutant list, NET MONTHLY CHARGE (1) Facility Charge $ 10475/30 days (2) Pretreatment/Program Charge a. Categorical $260.00/30 days ? b. Nonoategorical $ 30.00/30 days (3) Volume Charge $2.15/1,000 gallon effluent (4) Surcharge $0.00159/mg/l of SOD $0.00197/mg/l of 'PSS Billing shall be based on 80* of water consumption or actual metered sewer. SAMPLING/ANALYSr9 g CHARGE Sampling charge (each) $30.00 Analysis charge (per test) $15.00 TNDUSTHIAL SURCHAROE in addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industrial surcharge based on the following formula cu-Vu ((Ru-250] B + [spa-250] s)) Wheres Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. 5u is the tested SOD level for user X or 250 mg/l, whichever is greater, PAGE 12 i ( 7 p s: 1 i! B is the unit coat factor ($0.00159) for treating } one unit of BOD per 1,000 gallons. T 5u is the tented SS level for user X or 250 mg/11 whichever is greater. S is the unit cast factor ($0.00197) for treating i one unit of SS per 1,000 gallons. MTN X BTLLTNG $270.75/30 days P YA MINT due when rendered, and become past due if not paid within 15 Bills are calendar days from date of issuance. ~ ~*+~CTAT~ FAGTT.TmTE3 , All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. ~~TTf,N Of U'I'IT 7FPY BTLLe".r (a) Billings for the Facility charge shall be based on U) billings annually. Formulae nnr„at days in rAadina perms x customer charge 30 days (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Ac cal da ~n read na ueri~ x GAL in rateelione ingrate 3o days per 1,000 g block PACE 13 , r , r bap/„4Y.S~1 N {y it SCHEDULE SCD R SERVICE WITH C~ buQM AL/INDUSTRIAL SE 1 ~QTC T Q WATER M TE S (Effeotive 10/1/911 AEE ICATIOt r servi and to Applicable ervice users not otherwise classifi d u derCthiseordinance which is returned all sewer s whose Waste is me wastewater red by a ti meter dedica system. into the wa as~nliaa~le for sub-billing or other utility billing by service user in any event. NET MO If THLY RAE i (1) Facility Charge ~+{1tlna Per 3.0 Qavs 3/4" Meter $ 117-80 9.50 Meter $ 1n -1/21, Meter $ 22.60 2" Meter $ 25.15 3" Meter $ 71.15 4" Meter $118.60 10 $152.50 , 6Meter i 6" Meter $172.80 (2) Volume Charge $2.15/1,000 gallon effluent BOD of 0154/mg/l (3) Surcharge $0.0 o.00197/mg/1 of 89 Billing based on ninety-eight (gel) percent of monthly sewage flow as measured by the wastewater discharge flaw meter. addition to the above charge for commercial and ly rate an industrial surchargeebasedg will on will be added to the net month the fallowing formulas Cu=Vu ((Bu-250) B + (Su-2501 51) Where: Cu is the surcharge for user X. per 1000 gallons for user w . Vu is the billing volume II11 X. k '1 PAGE 14 r= r . Ab d4 I, ~ su is the tested BQD level for user X or 250 mg/l, whichever is greater. r B is the unit cost factor ($0.00159) for treating one unit of BOD per 1,000 gallons. Su is the tested SS level for user X or 250 mg/l, r whichever is greater. f1 5 is the unit cost factor ($0,00197) for treating one unit of S5 per 1,000 gallons ; MTNTMi1Nf BII,Y,INC3 $17.80/30 days I• PBYMENT , r Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. ,~PEGIAL F'AGTI,TTTE All services which require special facilities in order to most customer's service requirements shall be provided subject to the special facilities rider. s PRORATION Q UTILITY bT1 U (a) Billing for the Facility charge shall be based on 12 billings annually. L Formula: Aotu; days in reading perms x customer charge 30 days (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon' effluent to be charged to each rate black. Formulas Actual days in reading b9riA x GAL in rate block x RATE 30 days per 1,000 gallons in rate black i PAGE 15 f d h SCHEDULE BBC (Effective 1-1-913 t WHOLESALE SEWER TREATMENT SERVICE FORA GOVERNMENTAL N AGE CY DIVISION OR SUBDIVISION s~ PPLI _IQ.~1 Appliaablo to any municipal corporation, or other governmental agency or subdivision which operates a sewer collection system and contracts with the City of Denton for sewer treatment Service. r NF~r MONTHLY RATE. (1) Facility Charge $125.00/30 days (2) Volume charge $2.10/1,000 gallon of effluent f $0.00159/mg/l of BOD (3) surcharge r Billing shall be based on one-hundred (100$) percent of actual gallons measured by meter at one point. MYNIMSIM BILLING $125,00/3o days *DU T Aar CHARGE Tn addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industrial surcharge based on the following formulas Cu-Vu ((Bu-250) B + (Su-250) B)) f Where: Cu is the surcharge for user X, Vu is the billing volume per 1000 gallons for user X, Bu is the tested BOD level for user X or 250 mg/l, whichever is greater, B is the unit cost factor ($0.00159) for treating one unit of BOD per 1,000 gallons, { Su is the tested SS level for user X or 250 mg/1, whichever is greater. 1 PAGE 16 'rAe Y./AtCIRt ' z, N kj ~I f S is the unit cost factor ($0.00197) for treating one unit of ss per 1,000 gallons. XI P YM NT ' Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL 169=12-1-ES t All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAORATION OF UTTLTTY 8ILL~" (a) Billing for the Facility charge shall be based on ..12 billings annually. Formulas i Actual days in reeding period x customer charge, 30 days 3 (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formulas actual days in reading peri x GAL in rate block x RATE 30 days per 1,000 gallons in rata block EF.FECTTV- D The charges stated herein shall be applied to all sewer services provided after January 1, 1991, Until January 1, 1991 applicable charges will be determined by schedule s3 of ordinance 89-136. i I , 1 , I PAGE 17 r s i F i a SCHEDULE 60 INTRA-GOVERNMENTAL SEWER SERVICE ! [Effective 10/1/91] APPLICATION Applicable to all City of Denton Departments and agencies for all sewer service. NET MONTHLY RATE (1) Facility charge $11.65/30 days (2) Volume Charge $1.85/1,000 gallon effluent (3) Surcharge $0.00159/mg/1 of BOD $0.00197/mg/l of TSS Billing shall be based on eighty (80%) percent of water consumption. INDUSTRIAL SURCHARGE ? In addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industrial surcharge based on the following formulas Cu=VU ((BU'-250] B + (SU-250) S]) Whores Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Bu is the tested DOD level for user X or 250 mg/10 whichever is greater. B is the unit cost factor ($000159) for treating one unit of DOD per 1,000 gallons, Su is the tested SS level for user X or 250 mg/1, whichever is greater. S is the unit cost factor ($0,08197) for treating one unit of SS per 1,000 gallons. MINIMUM BlyLIN $11.65/30 days PAGE 18 ,I ,I Y 3d +;1 PAYMENT k Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer charge 30 days i (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formulas Actual days-in-reading period x GAL in rate block x RATE 30 days per 1,000 gallons in rate block PAGE 19 ?S t. ~ cyy.;F VVV f ` i(LQ~I SCHEDULE b4E SALE OF TREATED SEWER EFFLUENT TO b MUNICIPAL UTILITY CUSTOMERS (Effective 10/1/91) y P1~P~.CATION f Applicable on sales of treated sewer effluent to any municipal utility. Not available for resale in any event. x NET MQNTHLY RATE t,. (1) Facility Charge $100.00/30 days (2) Volume Charge $ .95/1,000 gallon effluent r I MINIMUM BILLING I i $100.00/30 days PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. r ,SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OE-UTILITY-BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formulat A tual days in reading period x customer churge 30 days (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. E PAGE 20 i wom kl TAYi3iY1l ,Ma• . Ki4GtYfiR$$$ q [(RPiif Formulas p lons 1n~TE ap tual_ dave in reading pew a X per 1, 1,rate 000 ga l p 30 days rate block I } r PAGE Z1 i { 3Ps' , r.axa.r i 4i.f1ib9F h i! SCHEDULE SM METERED SEWER INSIDE/OUTSIDE CORPORATE LIMITS (Effective 10/1/91) APPLICATION i Applicable to any sewer service customer desiring to meter all sewage discharge from a single customer location and not otherwise classified under this ordinance. NET MONTHLY RATE (Inside Corporate (outside Limits) Corporate Limits) j (1) Facility Charge $130.00/30 days $195.00/30 days (2) Volume Charge $2.15/1,000 gals $2.85/1000 gals discharge discharge (3) Surcharge $0.00159/mg/l of BOO $0.00197/mg/l of S5 SAMPLING/ANALYSIS CHARS Sampling charge (each) $30.00 Analysis charge (per test) $15.00 INDUSTRIAL SURCHARGE In addition to the above charge, there will be added to the net monthly rate for commercial and indumtrial, an industrial surcharge based on the fallowing formula: Cu=VU ((BU-250) B + (SU-250) S)) Where] Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Bu is the tested BOO level for user X or 250 mg/l, whichever is greater. B is the unit cost factor ($0,00159) for treating one unit of BUD per 1,000 gallons. i Su is the tested S5 level for user X or 250 mg/1, whichever is greater. i PAGE 22 M 'gyn. L M~1".M KIM MI ti } iti a '1 ?f S ($0.00197) is the unit cost factor for treating one unit of SS per 1,000 gallons. MINIMUM BILLING (within Corporate (Outside _ Limits CorporateeLimits $130.00/30 days $195.00/30 days PA ME Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PR RATIO OF UTILITY-BILLS I h (a) Billing for the Facility charge shall be based on 12 ' billings annually. Formulas Actual days in reading period x customer charge 30 days (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formula: Actual days in reading ~ period x GAL in rate block x RATE 30 days per 1,000 gallons in rate block i i PAGE 23 1 5yJ1. / f iiF?_h2_45 WNW F SCHEDULE SRO RESIDENTIAL SEWER SERVICE TO USERS QU~SIDE CI(EffectivT ONO/ 1J CORPORATE-LIMITS APPLICATION 1 Applicable for single family residential sewer customers individually metered apartments or mobile homes or multi-family facilities with less than 4 units outside of the corporate limits of the City of Denton and ` also receiving water from the City of Denton. N T MONTHLY RATE (1) Facility charge $6.40/30 days (2) Volume charge $2.5011,000 gallon effluent Monthly billings be calculated by using ninety-eight percent shall (98%) of water consumption for the month as determined herein, up to a maximum of thirty thousand (30,000) gallons. For the months of December through February, actual water consumption shall be used. For the month~g of March through November, the average monthly rate of water consumption for the preceding months of December through February shall be used. If the customer did not have water service for those prior months, the actual water consumption for the months March through November or 10,000 gallons, whichever is less, shall be used. MINIMUM BILLING t , $6.40/30 days PAY1ENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. .111' sPEGrAL FA~'ILI'~?b'S_ All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. i i PAGE 24 } 2.YeYSLJ:,'~ 9 ' s' PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formulas ctt4al days in~eadina period x customer charge 30 days (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each. ' rate block. Formula: Actual dreading period x GAL in rate block x RATE 30 days per l,ooo gallons in rate block i -1 , I l 1 PAGE 25 `•1 I y, } SCHEDULE SRN RESIDENTIAL SEWER SERVICE TO USERS WITHOUT 1 CITY OF DENTON WATER SERVICE l (Effective 10/a./91) APPLICATION I Applicable to all residential facilities not also receiving metered water service from the City of Denton, including sub-divisions, for apartments, mobile home parks, or other residential service users. The monthly charge will be based on the maximum number of residential units in the area served during the month times the volume and facility charges. NET MONTHLY RATE t Inside Corporate Outside Corporate Limits Limits I' (1) Facility Charge $ 4.45/30 days $6.40/30 days (2) Volume charge $ 1.65/1,000 gals $2.50/1,000 gals Minimum volume charge will be for five thousand (5,000) gallons per month. MINIMUM BILLING $12.70 per 30 days $18.90 per 30 days per resident unit per resident unit k'AYMEN Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to most customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. i PAGE 26 1 S G~ y N p.iFormula: Actual days in reading period x customer charge 30 days (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formula: nnruwt days in reading p od x GAL in rate block x RATE 30 days per 1,000 gallons in rate block f 2 I 3 1. " f l 1 i j I PAGE 27 ! f ' T-' t r i S SCHEDULE SCO , i. COMMERCIAL/INDUSTRIAL SEWER SERVICE OUTSIDE CITY OF DENTON CORPORATE LIMITS (Effective 10/1/91) q CATION APPLICATION i Applicable to all commercial, industrial or any other facility not otherwise covered under this ordinance outside the corporate limits of the City of Denton and receiving sewer service from the City of Denton. ZT MON LY RATE (1) Facility Charge $14.40/30 days ; (2) Volume charge $2.85/1,000 gallon effluent 3 Surcharge 0.00159 m 1 of BOA $0.00197/mg/l of S5 ; Billing based on eighty (80*) percent of monthly water consumption. SAMPLING/ANALYSIS CHARGE M Sampling charge (each) $30.00 Analysis charge (per test) $15.00 INDUSTRIAL OURCHARG f In addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industrial surcharge based on the following formulas !,G Cu=Vu ((Bu-250) B + (Su-230) 5)) wheres Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Bu is the tested BOD level for user X or 250 mg/1, whichever is greater. B is the unit cost factor ($0.00159) for treating one unit SOD per 11000 gallons. Su is the tested Ss level for user X ov 290 mg/l, whichever is greater. PAGE 28 L) E MP1f~fp'hf } N SPA C.YYf p. -101 f11. [1~ S is the unit cost factor ($0.00197) for treating one unit of SS per 1,000 gallons. } MINIMUM BILLING $14.40/30 days , v PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES ! All services which require special facilities in order to meet customer's service requirements shall be provided subject to the, special facilities rider. f PRORATION OF UT7L7TY BILLS i , (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: . Actual days in reading period x customer charge 30 days (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formula; Actual days in reading period x GAL in rate block k RATE 30 days per 1,000 gallons in rata block i PAGE 29 i rtxxcvr L f I 3 SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas. hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That the Schedule of Rates herein adopted shall be effective, charged and applied to the first regular billing cycle accruing on or after October 1, 1991, except for Schedule SSC, which shall be effective for sewer services provided after January 1, 1991. PASSED AND APPROVED this day of 1991. i BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS i ATTEST. j` JENNIFER WALTERS, CITY SECRETARY { CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA A. DRAYOVITCH, CITY ATTORNEY /11 L/L BY , PAGE 30 k ..fietlTfYR' 111 , , 1 Ft' September 17, 1991 CITY COUNCIL AGENDA ITEM TO: MAYCR AND MEMBERS OF THE CITY COUNCIL. FROM: Lloyd V. Harrell, City Manager SUBJECT: AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE USE OF THE CITY'S SANITARY LANDFILL SITE AS AUTHORIZED BY CRATER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. s RECOMMENDATION: This item was reviewd by the City Council at their work session on September 3, 1991. The Public Utility Board, at their meeting of August 22, 1991, recommended to the City Council approval of increasing the basic rate for the use of the City's Landfill from $3.00 per cubic yard to $3.45 per cubic yard. i BACKGROUNDjSUMMARYt 4 The proposed 1991-92 budget for the Solid Waste Division includes a rate increase of 1.57.. for contract and rash customers at the Landfill. The financial analysis indicated a need for the increase in order for the Landfill operation to break even. s PROGRAM DEPARTMENT OR GROUPS AFFECTED: Landfill users other than the City Solid Waste Division will be affected by the increase, This includes contract customers such as Texas Waste Management, Texas Woman's University, Texas j Highway Department, etc. Customers who pay in cash and bring in more than a pickup truck (without sideboards) will be I effected along with other City divisions and departments. I i t Z lll~'1)t4i ,n Page 2 City Council Agenda Item 1 t 1 FISCAL IMPACT: iR The rate increase is expected to generate approximately r $26,527.00 as follows: i , Contract Customers 27,833 CY $83,499 $96,024 ' Cash Customers 29,110 CY 87,330 100,429 Other City Departments 2.007 CY 6,021 6,924 f F $176,850 $203,377 Respectf ly submitt , i Loy V, Harrell, City r. Prepared by: Sill Angelo, Director Community Services P Approved bys 1 E, Nelson, Executive Dire G or Department of Uti.lities/~ f Exhibits Proposed Ordinance Public Utilities Board Minutea of August 220 1991, i j ~rA+ ' ,N M1+ 61VAY.:di~ 7 a~ ' 777 s~ 1 h ~ i7 s i8 3. CONSIDER ORDINANCE INCR44SING LANDFILL TIPPING FEES FROM $3 PER i9 CUBIC YARD TO $3.45 PER CUBIC YARD. y III Nelson reviewed this item stating that the proposed increase is , F 2 consistent with previous financial reviews of this utility 3 during the consideration for sale of the commercial portion of 4 the solid waste department) a rate increase was indicated at 45 that time. Nelson stated that it is his belief that if Denton 5 goes to the exclusive franchise, no rate increase in either 17 residential or commercial would be requireu in 1992. .g i 9 Much discussion was hold regarding preparations for taking over 0 the commercial solid waste, x}~os,pspn ~L requested this item be placed on the next Board agenda and that I ' the Board be involved in making plans for expenditures, etc. I Harrell reiterated that the City Attorney's office has not I waiverod from their relief that Denton has the authority to i have an exclusive franchise and is on strong legal ground. He c+onsideri i advised Garland is also,%taxin this route, and outside counsel 1 for them has supported their right to do this. 3 Action: Laney made a motion to recommend to the city council approval l of the increase in landfill tipping fees from $3 per cubic yard t to $3.45 per cubic yard. Second by Ridens. All ayes, no nays, S motion carried. L r I~.y. 5 r. h>Agse_ fn f6k::10 9:\upd00s\landfo pal. l;. i E rf ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE USE OF { THE CITY'S SANITARY LANDFILL SITE AS AUTHORIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTONI AND PROVIDING FOR AN EFFECTIVE DATE. ' THE COUNCIL OF THE CI TY OF UENTON H}+,REBY ORDAINS; { SECTION 1. That the charges for the use of the City's land- fill site as authorized by section 12-5 of article 1 of chapter 12 of the code of ordinances shall hereafter be as follows: A. INDIVIDUAL USERS ' -Typo of vehicle Charge Per Vehicle Per ,off ' 1. Automobiles and station wagons, pickup trucks less than one-half ton. $ 3.00 2. Motor vehicles with a carrying ' load capacity of 2 cubic yards $ 10•00 less than 5 cubic yards such as one-half ton pickuprs. R 3. Pickup trucks with side boards and all other vehicles with a $ 34.50 carrying capacity in excess of 5 I cubic yards but less than 10 cubic yards 4. Vehicles with carrying capacity in excess of 10 cubic yards $ 51.75 but less than 15 cubic yards 5. Vehicles wish carrying capacity in excess of 15 cubic yards $ 69.00 but less than 20 cubic yards 6. Vehicles with carrying capacity in excess of 20 cubic yards $103'50 j it less than 30 cubic yards 7. Vehicles with carrying capacity in excess of 30 cubic yards but $138,00 less than 40 cubic yards 8. Vehicles with carrying capacity of 40 cubic yards or more. $172.50 PAGE 1 C, X ~~n . lgitil filY f~'a t i7k',tiR t}, di t3: B. REGULAR COMMERCIAL USERS z. The City Manager may enter into contracts with private commer- cial collection service companies for regular use of the sanitary landfill site at the following rates: 4 Residential & commercial garbage $3.45 cubic yard or $13.80/ton Rubbish (trash) $3.45 cubic yard or $13.80/ton Uncompacted residential & commercial garbage $3.45 cubic y,ird or $13.80/ton All such contracts may contain such conditions of operation, dis- posal and delivery as necessary for the efficiont operation of the I landfill site and the method of billing and collecting for such use. SECTION Ii. That landfill permits issued by the City prior to the effective date of this ordinance may be redeemed for their face I value. The customer must pay the difference between the current ; rate and the face value of the permit. The customer is not entitled to a refund if the face value of the permit exceeds the current rate. SECTZON II'!. That this ordinance shall became effective im- mediately upon its passage and approval. i PASSED AND APPROVED this the ,J Y day of , 1991, BOB CASTLEBERRY, MAYOR ATTESTi JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL PORMs DEBRA A. DRAYOVITCHt CITY ATTORNEY BY: - l 0 PAGE 2 s 'i 't t r M. XT T-Xi- - t i ttmm CITY ~ ~ COUNCIL1 - - I LL - T1 Ti -LL ~l lV I 111:1: Tal. 1 i I T: -1 E o ^ ropy j o ; h~ ~~aOQ~oO r O M.. ~ ~ oUOO I oaaan ac o~° 1 h",+ l~31rii"r 2 y CITY of olNroN, TNXAS MUNICIPAL BUILDING / 275 E. McKINNEY / DENTON, TEXAS 76201 R. I MSMORDUM k, I, DATE: September 12, 1991 f TO: Lloyd V. Harrell, City Manager FROM: Harlan L. Jefferson, Treasurer j' ~ I, SUBJECTS SANK DEPOSITORY CONTRACT contract will •3xpire September 30, 1991. The current depository and advertised Requst for proposals were sent to all Denton banks, in the local paper# leased to receive two bids for the City operating funds. We were p roosal. Theae were Bank One, Dento ro ng fed sc s t ofe each f Salo The attachment identifies the p J Based on the information received, our recommendation is ntretain continue state to Bank maintainnbanking Y our, operating account program with ' also recommend that the City Ions, NCNB, NCNB,Dallas;k one, relationships with the following Texas financial institut: Denton► Bank One, Dallas; Fort Worth; and Team Bank, Fort Worth. continues to work under extreme are aware, the t financial cwillnicontinue to Monitor each 1 IV gxtreme stress; thereforefore, { financial institution's progress as prudently necessary, the safety of city funds. 1 HLJiaf t 8}71566.8200 D/FW METRO 434.2529 f i pq a 7i p 'i COST OF DEPOSITORY SERVICES COMPARISON I f ~ 2 } q FIRST STATE FIRST STATE BANK ONE BANK ONE R FEE/PER UNIT ANNUAL_FBE FEE/PER UNIT ANNUAL FEE DESCRIPTION OF SERVICE ; i 1, $ 10.00 $ 11800.00 $ 5.00 $ 900,00 Account Maintenance t 2, 1?5.00 1$00,00 150.00 1,800.00 Balance reporting (daily computer reporting t system which list previous and current day balances, debits, credits, averages) and y check presentments for all accounts) 240.00 Deposit tickets (credit 3. .20 192.00 .25 posting) 4, 04 129000.00 .056 16,710.00 Item encoding sited, 30840.00 Checks Paid (debit 5. .11 4,224.00 .10 posting) j Wire services 6. 5,00 1,000,00 5.00 1,000.00 a) Incoming transfers 10.00 20100,00 10.00 2,100.00 b) Outgoing (excludes I activts In safekeeping account) 7, 15,00 750.00 15.00 750.00 Stop payment request B, No Charge 0,00 2,50 12,50 coin rwra appers furnished ' type/r g, ,10 100,00 .05 45.00 Deposit slips printed 10, No Charge 0.00 15.00 90,00 Large vault cash bags 11. .39 136.50 .}5 52.50 Plastic drawstring check 1 i bags 12, No Charge 0,00 No Charge 0.00 Safe deposit boxes (10x10) 131 : No Charge 0,00 No Charge 0,00 Research hours i E r1.,• y,.av~xn t . FIRST STATE FIRST STATE BANK ONE BANK ONE FEB/PER UNIT ANNUAL FEE FEE/PER UNIT ANNUAL FEE DESCRIPTION OF SERVICE c 14. No Charge $ 0.00 $ 26.04 $ 312.48 pledged collateral by cost per million pledged) r t, ± , 15. N/A 0.00 N/A 0.00 Controlled Disbursement service charge i 16. No Charge 0.00 15.00 11440.00 zero balance automatic transfers ; 17. 1,50 900.00 1.50 900.00 a) Return items i No Charge 0.00 2.00 20880.00 b) Return items recleared No Charge 0,00 2.50 60.00 c) Return item telephone advice 18. No Charge 0.00 No Charge 0.00 FDIC insurance cost 19. 20.00 8,952.00 20.00 91168.00 Securities clearing and safekeeping 20. .08 1,690.00 .10 10950.00 Fees for direct deposit services for employees (850 employees, total payroll $600,000) 21. .02 768.00 .03 I,I52.00 Serial Sort Cost 36112.50 45402 B TOTALS i i i E i 1 l k i g:\updocs\doposlto ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON DESIGNATING r DEPOSITORIES FOR CITY FUNDS FOR A TERM BEGINNING OCTOBER It 1991 AND ENDING SEPTEMBER 30, 1993. WHEREAS, the City of Denton has notified all the banking in- stitutions within the City of its intent to receive bid applica- tions for the custody of city funds for a term beginning on October 1, 1991, and ending on September 30, 1993 and WHEREAS, the City of Denton has received bid proposals from banking institutions desiring to be designated as the prime de- pository for both operations and payroll accounts and standard banking services as requested in the proposal; and WHEREAS, after such opening the city Council found, on the basis of the bid proposals, that First State Bank of Denton, Texas has submitted the proposal offering the most favorable terms and conditions to the City for the handling of such funds) and WHEREAS, the City of Denton desires to maintain banking re- lations with the following institutions and to name those insti- tutions as additional depositories for the City of Dentont Bank One, Denton Bank One, Dallas NCNB, Fort Worth NCNB, Dallas North Texas Savings, Denton Team Bank, Fort Wortht NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: - i SECTION I. That First State Bank of Denton, Texas is hereby selected and designated as the primary depository for operations and payroll accounts and banking services beginning October 1, k` 1991, and ending September 30, 1993. I SECTION II. That the proposal of said institution having its office and place Of business in the City of Denton, Texas, shell be attached hereto and made a part hereof, and the same is hereby in all things accepted. HCTIMON III. That Bank One, Denton, Bank One, Dallas, NCNB, Fort Worth, NCNB, Dallas, North Texas .Savings, Denton, Teary Bank, Fort Worth are hereby designated as depositories for the City of Denton, in accordance with the terms of the applications submitted and on file in the office of the City Secretary and Treasurer. CT ON Ly. That the following officials, Lloyd V. Harrell, City Manager, Rick svehla, Deputy City Manager, John F. McGrane, r : r E , } i. Executive Director of Finance, Kathy Dubose, Controller, and Harlan Jefferson, Treasurer, are hereby authorized to transact business with the above listed institutions regarding daily banking trans- actions or investments for the City of Denton. SECTION V. That this Ordinance shall be effective immediately from and after its passage and approval by the City Council of the City of Denton. PASSED AND APPROVED this the day of , 1991. I BOB CASTLEBERRY, VLAYOR f: i ATTEST: ! JENNIFER WALTERS; CITY SECRETARY f BY: APPROVED AS TO 'EGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 3 t BY. ,I t s Page 2 t ~ i1 e f~f ~1 V September 17, 1991 CITY COUNCIL WORK AGENDA ITEM T0: MAYOR AND MEMBERS OF THE CITY COUNCIL z FROMi Lloyd V. Harrell, City Manager SUBJECT. CONSIDER A REDUCTION OF THE ENERGY COST ADJUSTMENT (ECA) FROM 1.9 CENTS TO 1.7 CENTS/KWH. 9 RECOMMENDATION t The City Council reviewed this item at their work session of September 31 1991. The Public Utilities Board, at their meeting of August 22, 1991, recommended to the Council approval of a reduction of the Energy Cost Adjustment (ECA) from 1.9 cents to 1.7 cents/KWH. ' t i SUMMARY/BACKGROUND. t Due to the lower natural gas prices, the cost of Denton's fuel plus energy purchased from TMPP members, the average cost of energy is lower than tae present 1.9 cents per KWH being charged in the Energy Cost Adjustment (ECA) portion of Denton's electric rate. Denton is estimated to have not energy to the system requirements of 830,895,000 KWH for 1992 which is estimated to cost approximately $13,900,000 which is equal to I 1.673 cents per KWH. Since the purpose of the ECA portion of the rate is to charge r only for the actual variable cost. of energy, the Public Utility Board and staff recommend that the ECA be reduced from 1.9 i cents per KWH to 1.7 cents per KWH. i The 1992 budget was prepared in April with an estimated natural gas price of $1.99 per million BTU (mmbtu). Since then, natural gas prices have continued to decline and some natural gas industry representatives have indicated that natural gas prices may be in the $1.50 to $1.65/mmbtu range throughout 1992, Since approximately 35% of Denton's electrical energy is generated from natural gas,and there is the prospect of continued lower gas prices than anticipated at budget preparation time, it may be possible to lower the EGA again later in the fiscal year. The staff will continue to monitor I this cost and present this to the PUB and Council on a quarterly basis. 1 # E YA f ;a It might be noted that one other factor in being able to lower the EGA is the fact that it is estimated that the two hydroelectric units will generate approximately 20000,000 KWHs in 1992 and there is no fuel cost associated with the generation of this electricity. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED-., ` City of Denton Municipal Utilities, and all electric customers. FISCAL IMPACT: The 0.2 cents/KWH will reduce the total cost of al.ectric service approximately $1,572,000 to the City of Denton electric customers, Respe fully sLloyd Harrell City Manager Prepared/Approved bys R.E. Nelson, Executive Director Department of Utilities i Exhibit Is Revised Pro forma f Pro forma 8/7/91 Minutes PUB Meeting of 8/22/91 i f RATEECA.60 i ~YY 1. .r I':i ila: L l i 14 y l S~p~gg9l~ f SCHEDULE ECA ENERGY COST ADJUSTMENT ENERGY COST ADJUSTMENT A11 monthly KWH cnarges shall be increases or decreased by an amount equal to "x" cents per KWH, to be known as the energy cost adjustment (EGA). The EGA small tie computed in the months of April and October to be applied to the following periods of May through October and November through April respectively. The City shall in no case change the energy cost adjustment more tnan twice in either of the six (6) months periods. The ECA shall be calculated by the following formula: 1 ECA (Winter) = Projected ener cost for winter months ro ec~RAR sa eT~ for~nter months E ECA (Summer) = Projected ener cost for summer months ro ec a sa es or summer months The above formula results in Winter 1986/87 and Summer 1987 ECA's as follows: ECA (Winter) 1.700/KWH ECA (Summer) 1.7UO/KWH In the event that actual cumulative costs of fuel, variable f costs of Texas Municipal Power Agency (TMPA) energy Er purchased energy (excluding TMPA's fixed charges) is greater than or less than the cumulative ECA revenues by f $1,000,00 during the fiscal year, the City may recompute the Energy Cost Adjustment and re-establish an ECA that ( collects or returns such difference over the remaining months of the fiscal year, Such change in ECA shall be applied evenly to all remaining months' ECA. SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or appplication thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the vadility of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite an such invalidity. ' . LXH1B1T I 7v 1w. qlppmmw~ t SECTION III. ~I That the Schedule of Rates herein adopted snail oe effective, charged and applied to the first regular billing cycle on or after October I, 1989. PASSED AND APPROVED this day of 1 g, k CITY OF DENTON,7TEXAS ATTEST: JENNIFER A R , UITY R AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: I' DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS BY: a y i i 7O16U:2 I J I , i G 07-Jun-91 ELECTRIC SERVICE PROFORMA 16:06:30 X 1000) ACTUAL BUDGET EST TY FY FY FY FY 1990 1991 1991 1992 1993 1994 1995 1996 1 Net Sales (M4,N) 762,304 772,415 775,722 786,311 797,245 812,586 834,015 856,005: F; 2 Rev cents/KWH 6.97 7,11 6.82 6.75 7,01 7,08 7,35 7.92 REVENUES 3 Residential $19,665 $20,897 $19,829 $19,836 $20,905 821,515 $22,944 125,385, 4 Commercial 29,816 30,697 29,527 29,648 31,246 32,158 34,293 37,942 i3 5 Government ;,024 2,759 2,989 3,019 3,182 3,275 3,492 3,864 6 St/Highway Light 411 352 351 344 349 356 365 375 7 D-0 Fees 181 143 184 188 191 195 200 205 C1 8 Temporary Service 32 66 30 30 30 31 32 33 9 SUBTOTAL - CUST REY $53,128 $54,914 $52,910 $53,065 $55,903 $57,530 $61,326 367,rO4 10 Off Sys Sales 1,708 1,824 1,791 1,641 2,644 2,496 2,148 3,376 11 Wholesale Capacity 1,259 947 1,199 2,046 2,321 21331 2,23$ 21190 f 12 Other E1 Charges 13 49 49 15 15 15 15 15 SxS(( 13 TMPA Coverage Rat 6,286 5,753 5,625 5,581 5,512 5,345 5,205 5,016 P' 14 TMPA Surplus 0 0 0 2,045 0 0 0 0. 15 Reconnect Fees 69 3i 54 50 51 52 53 54 16 Aid in Construction 0 47 25 42 38 56 76 82 17 Cu:?t Connect Fees 194 205 148 200 204 209 215 221 19 Meter Tampering 4 12 6 5 5 5 5 $ 20 Service :enter Rent 226 224 224 235 247 259 272 286 'i 21 Sale of Scrap 0 4 0 0 0 0 0 0 22 Hisc Innoue 1.57 31 31 31 32 33 34 35 23 Interest (Oiler) 1,503 878 878 1,125 1,148 1,171 1,294 1,218 f 24 Interest (Non-op) 157 228 302 16 27 34 21 17 25 i TOTAL REVENUES $64,706 $65,147 $62,939 $66,080 $68,121 $69,502 $72,778 $80,302 EXPENDITURES 26 Payroll $4,344 $5,534 $4,862 $5,630 $6,080 $6,506 $6,961 $7,448 ii 27 Supplies 390 433 390 502 522 $43 56S 588 28 Maintenance 1,?.12 1,934 1,150 2,151 2,259 2,372 2,491 2,616 29 Services 488 909 670 1,061 1,114 1,170 1,229 1,290 ; 30 Ins & Sundry 518 465 352 529 555 583 612 643 31 Bad Debt 110 490 330 341 360 310 395 437 32 Adsin Transfers 1,802 1,623 1,675 1,677 1,744 10814 10887 1,962 - - SU8TOT 0&M $0,764 8119388 $9,429 $110891 $12,634 $13,358 $r14, 140 514,984 33 Purchase Pow & Fuel 429621 45,491 430495 440264 46,690 47,454 48,685 53,212 34 NET OPER REVENUES $13,321 $8,268 $10,015 $70499 $8,033 $7,459 $50426 $8,218 CAP AND OTHER NON OPER EXPENSES 35 Fixed Assets $1,206 $1,441 $1,454 $1,681 $1,916 $1,636 $1,531 $1,755 36 Oebt Service 3,967 3;911 30911 4,191 4,440 4,810 5,790 6,723 f 37 Other/ECA Reduction 246 400 275 275 215 275 275 275 38 Rat On Inv Trans 11940 1,968 2,043 29128 2,341 2,575 2,833 3,116 39 Inc in Work Cap 0 125 125 125 350 201 468 799 40 W/WW Revenue Return 0 -111 -100 -500 -611 -1000 -1000 -1000 41 TOT NON OPER EXP -$70359 $70734 $7,108 $7,900 $8,711 $80497 $9,897 $110668 : 42 TOTAL EXPENDITURES $8,744 64,613 60,632 64,055 68,035 69,309 72,122 790864 I -_-zaa ---aaa .sa... _-ca.n :aaax _..raa aaaaea aa.aaa 43 NET GAIN/L088(25-41 $59962 y-$534 $2,307 $2,025 $86 $193 $56 $438 _za..a -_aaaa aas:.a a.aasa :asass ..22«« aamnsa _.a.=a 1 P s I t 1 E MINUTES j PUBLIC UTILrrIES BOARD August 22, 1991 i s 2, CONSIDER DECREASING ENERGY COST ADJUSTMENT FROM 1.9 CENTS PER HUH TO 1.7 CENTS PER HUH. Nelson reviewed this item indicating that revenues are such that this decrease in electric rates can be made. He mentioned that this change will result in decreased revenues of $1.5 1 million to the city. Nelson commented briefly on the question of whether TMPA will be rebating back to the City III the $2 million he feels is owed. He advised that meeting be taking place next Wednesday regarding this issue between the City Managers and Utility Directors. 4 Laney reminded the Board of the TMPA Annual Meetingg on Y` September 12, 1991. He asked if this item will be discussed and Nf,lson replied affirmative. Thompson requested all members of the Board go to Bryan on the 12th for these dimcussione, - i Nelson stated that it is required that the ECA be reviewed at least annually and dependent upon revenues, an adjustment may be made. E Action: Frady made a motion to approve the lowering of the Energy Cost {S Adjustment from 1.9 cents per KWH to 1,7 cents per KW11. Second by Laney. All ayes, no nays, motion carried. , r j i ~ i { i i ~NWII S 2 f ~ J Denton Police Department 221 N. ELM DENTON, TEXAS 76201 M E M O R A N D U M TO: Rick Svehla, Deputy City Manager FROM, Michael W. Jez, Chief of Police j DATE: September 13, 1991 i RE: Airport Thefts Dear Rick, E I have put together, in this packet, certain offense reports involving thefts at the Denton Municipal Airport, a memorandum from Joe Thompson, Airport Manager, and a copy of the Departments 1990 Supplement to the Uniform Crime Report. After reviewing the enclosed materials you will find the following: 1. The thefts at the Denton Municipal Airport that Mr. Thompson listed represent an approximate $30,000.00 property lose. ~ 2. During calendar year 1990 the total property loss in Denton was $4,057,697.00. e Although the losses at the Airport were significant they represent less than 1% of the total property lose due to criminal activity in Denton. I offer this not to minimize the Airport thefts but to keep them in some sort of perspective when considering the larger picture. I hove met with the Airport staff on at least two occassions and discussed security issues. As a result of those discussions some modifications were made. The installation of control gates at access roadways was one result of throe discussions. Additionally, the Airport continues to ba randomly patrolled by Field Operations personnel, as time allows, and periodic "close patrols" are done. I will say that the remote lucation of the airport adversely " Impacts the numbers of patrols that ft receives. Turning now to problem bolution, I would offer the following for your consideration: 1. The problem could be addressed by simply increasing the frequency of patrols. This approach is the most affordable. However, it might yield the least results. It is true that police patrols deter criminal (817)888.8181 METH0434.2620 w 2 1 ;~s5 behavior when they are present, but the minute they drive away the opportunity to commit the crime is still present. In short, this y is the traditional Denton response that is reactive in nature and of questionable value in terms of solving the problem. i, 2, The Denton Police Departments Crime Prevention Unit has trained personnel available that could conduct a comprehensive security survey of the entire Airport facility. The survey should include -s` but not be limited to, a) Key control and accessibility of Airport facilities (both public and private). b) Individual aircraft security. r` c) The utilization of alarm and video survillance systems to deter unauthorised entry and thefts. d) Control of all access roadways, e) Security lighting. This report should be submitted in written form so that it might serve as a j planning instrument for securing the necessary fiscal resources and making the { agreed upon security enhancements. Such an analysis would take several weeks t to complete. 3. Finally, their should be some consideration given to hiring security for the Airport, This could certainly be done b;y hiring off-duty police officer. However, a private security firm would be less expensive. Please let me know what other information or assistance you require. c .ire Chief of Polc i Y ,M'., lfi'GIYW t Pn®rJ ad CITY of DBNTON / 215 E. McKinney l Denton, Texas 76201 Ell 3 M E M O R A N D U M t I c, t TO: Rick Svehla, Deputy City Manager FROM: Joe Thompson, Airport Manager DATE: September 9, 1991 i SUBJECTS Aircraft Thefts The following Aircraft radio equipment thefts were reported at the Denton Municipal Airports i DATE OWNER AIRCRAFT "N" NUMBER i r October, 1990 Dr. John Dulemba N124TH ; Ron Massey N69946 Airponton, Inc. N135K F July, 1991 Ron Massey N69946 i , August, 1991 Dr,. Charles McAdams N73590 Should you require additional information regarding this matter, g please contact me at EXT. 7702, t Sincerely, ; k JJoThompson, Airpor manager `.1V FInM3= 7 : J ~itawz{~ t r. V F WY of DIrNMN, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 78201 / TELEPHONE (817) 688.8307 Offloe of the CRy Manager M E M O R A N D U M TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager + r DATE: September 13, 1991 F ' SUBJECT: Supplement to Chief Jez's Memo Concerning Souarity ' at the Airport As Mike indicated, there are several options. Unfortunately, t with a couple of them, there is an additional cost, if we use security personnel, the going rate for off duty police officers , or sheriff's deputies is approximately $15.00 per hour. if full coverage is desired, we would have to have those people at the Airport from 10:00 p.m. in the evening until 6:00 a.m. That is an 8 hour shift a day which equates to $120 per day 365 days per year or some $40,000 plus. We've looked at this option several times before, and just could not see a way to fund that option. ' F The other option that we are looking at is to look at some sort of alarm and surveillance system. We are just in the preliminary stages of that, but we believe this system would be in excess of $10,000.00. The last option is, as Mike suggested, some increased patrol. However, that increase in patrol would again just be random. We might be able to detect some activities at the Airport, but there is a strong possibility that we wouldn't. The other part of that is also onP of staffing. Random patrol to an activity that we do in conjunction with our calls. Obviously, as calls increase, random patrol diminishes. Since we have no funding options available at this time, we will concentrate on working on this last option until we can get some more definitive data. if you or the Council has further questions, we would be happy to try r pond to them. i Rick SDeputy City Manager RS:bw E 5508M r4jSn._'.'rAiJ 1 r i CITY of DENTON, TEXAS MUNICIPAL BUILDING / 115 E. MCKINNEY / DENTON, TEXAS 76201 PARKS AND RECREATION ADVISORY BOARD MEETING r 1 5:30 P.M. MONDAY, SEPTEMBER 16, 1991 DENTON SENIOR CENTER MEMBEP,'; PRESENT: Dalton Gregory, Chairman t` Tom Judd, Vice Chairman Nets Stallings Burkley Harkless ' Catherine Bell STAFF PRESENT: Betty McKean, Executive Director for Municipal Servicer s and Economic, DevelopmeaU Bob Tickner, Superintendent of Parks Alicia Mentell, Superintendent of Leisure Services i Bruce Henington, Superintendent of Facility Management Janet Simpson, Park Planning Coordinator Joy Hesch, Senior Secretary Luisa Rodriguez, Secretary GUESTS PRESENT: Edward Hackford, City Manaler of St. Albans, U.K. rohn Trent, Council Member Margaret Smith, Council Member ` Me Joiner, Denton Youth Football Association Wayne Allen, Denton Boy's Baseball, Inc. Jane Malone, Denton Youth Soccer Association Sherry Foutch, Denton Girls' Softball Association Rich Slivocka, Denton Area Little League Diane Mayer, Denton County Amphithriatre Committee 1. MEETING CALLED TO ORDER The meeting was called tc order by Dalton Gregory, Chairman.. Betty McKean introduced Edward Hackford, City Manager of St. Albans, England, who has toured City facilities and met with department directors during his visit to Denton. She also introduced Council Members John Trent and Margaret Smith. II. APPROVAL OF MINUTES FROM LAST MEETING On a motion by Neta Stallinga, second of Burl;ley Harkless, the minutes ' of the meeting of August 19, 1991, were approved. I 8171566.8200 D11 a' METRO 4341525 i ,j i i '}~..1 v. • . • I Ufa.. 1 ^arks and Recreation Advisory Board Meeting September 16, 1991 Page - 2 For the convenience of the guests present, Dalton amended the agenda to begin with new business. IV. NEW BUSINF.39 A. Presentation by Denton County Amphitheatre Committee by Chairperson, Diane Mayer. Janet Simpson introduced Ms. Mayer who said she was representing a group of committed citizens interested in establishing an oa,tdoor theatre for historic drama. The committee had looked at Pilot Knob as the initial site and had met with a representative of the Perot Group, the owners of the site. She said they had discovered the site may not be as feasible as originally thought. The committee has been in contact with the Hunt Petroleum organization that has bought the Ca,.'blo Ranch. The Hunts have indicated they would be interested in donating a sizable piece of property for a park and an amphitheatre. She said the committee has boon in contact with the Institute of Outdoor Drama, and according to their figures, the impact on the economy of the area would be over $16,000,000. Her purpose in coming before the Board was to provide information and did not require any action. H, Discuss and review Denton Youth Football Association's financial statements for 1989-90 and 1990.91. F Mo Joiner, representing the Youth Football Association, said the r document he had provided the Board was all he could come up with for the 1990 season as he had nothing to do with the organization i during that time. Dalton asked about the $100075 that was spent had used the money to for equipment. M o said the organization ! purchase safety equipment such as helmets, F„iulder pads, etc., which was then rented to the participants foL $25. Catharine Bell asked who was in charge last year. Mo said that Tim Mart' was president of the organization at that time. Dalton asked if they have an article in their by-laws to cover an annual audit and did they have an audit. Mo said an audit was not performed last year because they ran out of money, but audits did occur in the previous years. Nets Stallings asked about the registration fee, Mo said the fee is $65 which covers the registration fee of $40 and $25 for rental of equipment. If the participant lies his own equipment, the fee would be only $40, Participants in obeerleading are charged $40, lie said they have a total of 400 youths registered, 140 for ehearleading and 260 playing football. Nets asked Mo ,to clarify what is meant by scholarships. Mo said they are for children who are unable to pay to play. The organization granted 108 scholarships last year but dues not have a figure for scholarships in this season, Betty said the City waives the administrative fee for participants on scholarships. Mo stated the new board of directors did not accept bills incurred by the board in 1988.89 but did pay some of the bills incurred last year such as with the newspaper and James Magill Sports Center for sports equipment „ 11 Parke and Recreation Advisory Board September 16, 1991 Page - 3 further discussion regarding this Dalton asked if there was any item. Tharp was cone. # C, Consider regfor tDeto absolve Ftootball Association,well as consider a is past fee debt as ! Payment plan odbtherquestionaGo theapark BCity oardsCouncil, j Dalton said this regt1referras efoe the Bord at its last meet?.ng, Council i Betty stated that Mo had requested the to forgive the administrative fee debt Tin the icknor estimated then Asve amount B history~3of how the 1990 season* for the department's programs administrative fee came into being Bob said the fee was adopted and the athlctic sports groups. through a Study done by David W. Griffith in 1983 where it was decided the department would start charging $5.00 per participant in all of the programs in the General Fund side Of the budget. Bob said it riot recognized Departmontntwas snot ybargingathe feeato the Recreation Parka and sports. At that time, it was determined that those This was included. as a pare groups needed to be a part o£ the fee. I of the budget r ocess in put 1988. T 1988, The Board h discussed do fee The ParkaBoardmdecidedgtheytwanted the presidents of the associations. Same further discussions with the City Manager. Carl Anderson, chairman of the Park Board at the time, mat with the City Manager, cobeen adopted as a part of was then determined that the i to be had llected, An alternative was it the budget and that presented that, if the fee was eliminated, the Parks and Recreation f it Dauartment would need toAfterimore discussionCwith the Board And thu loss s of the revalue, the associationa, it was decided to table the issue aul~ayti point Q and to pursue the fee with the associations in February, oy's leagues were advised to start collecting the fee, oS,ooccaerPand their Baseball had already begun their registration pr a spring program and did not have the e built started their fee structure, The Tittle League group had not heir 1 registration process and were able to incorporate the fee. They began paying the administrative fee at the end of their season in 1989, Thero were more discussions regarding the fee, and it was decided t base the feeIt on a WAS sliding scale Council aseadpart.of the the summer of 1989. roAjar budget issues. The budget was adopted and went The associations weOctober, 1989, for the 1989.90 fiscal year. Th tarted ociatiin were notified of the changes, and the department the monies in 1990. The football organization was the first to be informed that their use of the fields might be restricted if they failed to pay the administrative fee. r request, Bob id a the association referred Council greed to the issue to the Park Heard Co review the issue and make a i, r S Parks and Recreation Advisory Board Meeting I September 16, 1991 ` Page - 4 1 recommendation as to whether the association needs to pay the fee or if a payment plan could be worked out. Betty said the fact that the department has already collected the t fees from most of the organizations complicates the issue. One of " i the issues is if the Park Board's recommendation is to relieve the Football. Association's debt should the Parke and Recreation Department then rebate the money the other organizations have paid t for their 1990 seasons, Also, the other associations have already collected their fees for the current seasons and are waiting for the outcome of the Board's decision before paying the fees. Mo said that to solve the problem of the fees for the 1990 season he would raise the money owed by the Denton Youth Football Association in some way. He said he wants the fees henceforth to r be stopped. Dalton said the idea of raising fees to generate revenue sort of backfired. Revenue was lost due to the lose in participation. He i said he was very uncomfortable with the situation at the time the fee was discussed because the City was in the process of phasing out financial support to help with officiating expenses, This was one of those unique times where the City was taking away services which had been provided such as support for the referees while at the same time asking them to pay more and get less. He said the Board approved a motion that the fees not be collected. They were given a choice of eliminating the fees but budget cuts would have had to be made at that time, Dalton said he knew there were other areas in the City that could be cut and that the cuts did not have to come from the Parka and Recreation Department. 'Betty stated ; that the Parks and Recreation staff did not have the authority to ; recommend budget cute other than for their own department, Dalton said the Board went on record at that time as being opposed to the ! fee, especially with the unique circumstance of starting to charge f, more but offering less, Dalton said he wanted to give everyone present a chance to be heard on the issue before he would entertain a motion. Burkley said, he vas concerned regarding the fees paid by the associations last year and the fees already paid by some for this year. To clarify the issue of which associations had paid, Batty presented a chart' on which wac indicated the different seasons of each group and which group had paid the foss. She said all the associations had paid the fees except the football association. The issue is then would be whether or njt to rebate all the fees paid by the groups. He had indicated that football would pay for the 1990 season, and if Council makes a decision, it will be for the upcoming season, s Parka and Recreation Advisory Board Meeting September 16, 1991 Page 5 Wayne Allen said the associations were withholding their checks in a order to bring the issue of the $5,00 fee to a head for now and in the future, f¢ Dalton said that several years ago when the administrative fee originated the City was at the same time pulling back on services such no paying for the referees. It was still coating the City money to maintain the fields and there have been debates as to how well the fields have been maintained. Dalton said the Board had been concerned with the amount of staff the Parke Division had to maintain the fields. There is money from the Parks and Recreation budget that helps to support these programs, Batty said she had asked Bob to go through all his maintenance budget to specifically note what expenses go to take care of the fields and was approximately $200,000 from the General ^und, This had been included in the Board's packets. Representatives of Denton Boy's Baseball, Denton Youth Soccer, Denton Area Little League, and Denton Girls' Softball expressed their concerns over the fee and asked that it be dropped, Tom Judd then moved that the Board recommend to Council that the fee debt of the Denton Youth Football Association not be absolved for the t season ending in Novembar, 1990, Burkley Harkless seconded the motion, and the motion was passed with a unanimous vote, Halton said that since the Park Board is recommending} that the football association pay the fee, the Board should consider a payment plan, Burkley moved that the Board recommend to Council that the Denton Youth Football Assoaiar,ion work with Parks and Recreation staff on a payment plan to pay the debt from the 1990 season, Tom Judd seconded the motion, and the motion was passed unanimously. D, Reconsider previous Board recommendation on administrative fees, Betty said that before the Board makes a recommendation they should consider two options, The first would be to continue under the current philosophy with the administrative fee, The second would be to discoatinua the administrative fee for youth athletic associations only, reducing revenue by $12,000 and inciiasing the tax rate by ,000634 or an equivalent amount of budget auto, No Joiner said he knew where the City could get the money to cover the $12,000, He had learned that the $21,000 allocated to the Arts Council for the Campus Theatre would be returned to the tCity since the money had not been used. i 1r I Parke and Recreation Advisory Board iteeting September 16, 1991 Page - 6 The Board discussed whether or not the elimination of the programs or if administrative fee should apply to all self-managed it should include all department sponsored activities, and then they discussed how to recover those amounts through budget cuts or k' a slight tax increase. S . { A question was asked whether the City managed basketball program would be included in this issue. Alicia Mentell said there is a possibility that the basketball program would be self-managed by the Police Athletic League, and in that instance, it would fall under the same category as the other youth sports organizations. Dalton said he was going to suggest the administrative fee be dropped for all sports programs. He said the City wants the Board to recommend budget cute or a tax increase to cover those fees lost if the administrative fee is eliminated for the youth sports groups. Dalton said he would entertain a motion recommending that the administrative fee be dropped for all self-managed youth sports groups, Tom Judd moved that the Park Board recommend that all $5.00 general administrative foes to all self-managed youth sports groups be dropped. Catherine Bell seconded the motion, and the motion was passed unanimously. + i After further discussion on how to offset the revenue loss which included budget cuts or a tax rate increase, the conoensue of the Board was that the Parks and Recreation Department should provide g new list of budget cuts for consideration by the Board in lieu of a tax rate increase. III. OLD BUSINESS A. Debriefing and discussion of Public Hearing of August 27, 1991, and current budget issues. Betty gave an overview of the Council discussion regarding budget issues and said the Parks and Recreation Department had fared very well in the area of the budget for facility maintenance and repairs, B, Endorse a community task force to study the creation of a Children's Museum. ~ i Dalton said he had boon interested in Children's Museum for the area for several years after having visited facili.tioe, in other cities, He presented slides taken in the Austin Children's Museum recently when he, Batty McKean, and Alicia Mentell visited the facility. No action was taken on this item. 0, Update on Texas Parka and Wildlife grant for renovation of North Lakes Park and a request for a recommendation from the Board far approval of an extension for the use of, CIP funds, {t]1 r. r1 4. F7 Z Parks and Recreation Advisory Board Meeting September 160 1991 Page _ 7 r t Bob Tickner gave a summary of the grLnt request up to the present } time, and the Board recommended to extend the time for the use of CIP funds to allow time for a response from the Texaa Parke and Wildlife. fY IV. NEW BUSINESS l; E. Request for endorsement of Texas Special Olympics Events. Alicia Mentell said the Texas Special Olympics committee is looking at holding the 1992 events in Denton which should help to give the r local economy a boost. Nets Stallings moved that the Board endorse ! the Texas Special Olympics Event being held in Denton. Tom Judd t seconded the motion, and the motion was passed unanimously. F. Consider en Advisory Board retreat. Dalton said it was his suggestion that the Board get together i `t during the week or on a weekend to get acquainted. Ile said he did not want to wait a whole year before knowing the other members and asked the Board to consider a dare and location for future discussion, 3,. g, Consider the addition of the Children's Museum and other it+ms to the Citizen's Survey The Board felt the question should be added to the survey. V. OTHER BUSINESS None. VI. ADJOURN On a motion by Catherine Bell, second of Burkley Harkless, the meeting was adjourned, ADMO1194 i i d ?J tt !a HOUSE BILL 2 This law revarpps the Texas insurance laws and was effective September 1, 1991. It encompasses a wide array of provisions, but we will only discuss those applicable to receipt of a citation. 1. H. S. 2 now allcws a person to provide anyone of five (5) different types of proof of financial responsibility. i 2. H. B. 2 raiaes the minimum fine to $175.00 and not more than $350.00 for first conviction. ti 3. H. B. 2 allows the Court to reduce the fine from $175.00 if r, a first offense and defendant "economically unable to pay ~ the fine". 4. H. S. 2 requires certain language be printed on ticket regarding insurance, changed wording to "Texas Motor Vehicle 1 Safety Responsibility Act." n, 5. H. B. 2 adds impoundment provision for 180 days at $15.00 per day on second or subsequent convictions. In order to get vehicle released, defendant must show Court evidence of insuranoe for 2 years. k Procedural Impacts Requires Court clerks to become familiar with five (5) types of proof and spend considerable amount of time explaining types to ' defendants. It will require persons who cannot pay the minimum fine of $175.00 plus State Costs of $95.00 to appear for a hearing (indigenoy), and this will require more clerk time in scheduling hearings, expanding our Indigency Court Docket, or !s creating a new docket, This docket will require significant Judge time as the Judge is the only person who can reduce fines. The increased fine will also give rise to more people utilizing "fictitious" insurance proofs, and to check or verify each one would be a tremendous workload. It is quite possible that the complaints and affidavits currently used will have to be revised, to set forth the five types of proof and the exceptions to prosecution, and also the name) of the Act has been changed. This will be a complicated and time consuming process because the computer is continually producing complaints and affidavits that do not comport with the new requirements of H. B. 2. Fiscal impacts 1. The significantly higher fine will cause more people not to pay and create more warrant work and jail layouts and a reduction in fines collected. 2. Tickets still on hand will have to be either discarded because of new language required on ticket, or continue using of tickets until new tickets that are being developed are prined, or the tickets could have a label placed over the old verbiage, however, this would be a significantly time consuming task. ri s'? 3. The complexity of the insurance law and the fact that it ! I does not address many issues that the courts face in ascertaining whether the proof is valid, leaves room for will many challenges to this law. affect the ability to have a driver's license, vehicle registration and vehicle inspection will also be challenged. T anticipate that this law will continue to evolve and we may be faced with another "Coit". S I L f j I 3 j i t r J rte- " § IQ,I}1 t F:~SION ''nd LEGI9LAT1-'Rf:-RFGUt.AR 5&S OM V~ ici Four members of the board of directs s U oral public, appointed by the board. The remaining m b of dircc~~ 44146484 members of the associauo t they falriy F shall be selected by of insurers and organ1c6,,,,,.,qngg-xrwa,e,,,.....: the ascxii, e represent various classes Y :ir tion. t of ail The plan of ~erat:on shall provide a process for the selection of members c5 the isurance, board of -iirectors u-ho are represenlatives of the insurance industry. got be: unng his et :I pilblic representative who is a member of the board of directors rosy we been rrt officer. director, or employee ofan insurance eompany, insurance agency, A public l) agent, broker, solicitor, adjuster, or any other business entity regulated by the State oarnsnee: E ?surance B(n) aopersolnrrequired to register with the secretary of slate under Chapter •103. eguloled Government Code, or thissubseclion catkin al) related to a person described by Subdivision (1) or (L) of pier •105, the second degree of affinity or consanguinity. SECTION 9,14, Subsections (a) and (b), Section 6, Article 21.49-14. Insurance Code, as 7, aragraph added by Section 1, Chapter 6, .acts of the 10th Legislature, lat Called Session, 198 are ~ r of the amended to read as follows: rovided asociation Opearation. Four of the members of he boardsof soilrusteeseshallcted esen plan of general public. A public representative may not be., d of nine cer, director, or employee of an insurance company, insurance agency, (t) an offs ttion who agent, broker, solicitor, adjuster, or any other business entity regulated by the State Board of Insurance; state under Chapter J03, o the secretary of Code; or person on or its Cuvern n re utr d to register u4i (J) related to a person described oy Subdiviy 'n (1) or (2) of this subsection uhlhin eiation or the second degree of afJi y eyed tPrma of two ears with the farms of (b) Members of the board serve for Stagg Insurance, four [tw4trustees expiring in j odd-numbered years as provided j each year 40 '4 by t e plan of operation, tk~ ARTICLE 10, MOTOR VEHICLE SAFVfY RESPONSID11A 'Y ha ola• pp f at seq., Vernon's Acts of TexutCivill Statutte$),tis amendedllby leegwvlaar SECTION 29 Cha ter 88, General a~►wal Session, 1 i Haleet "Al adding Section 2a to read as follows: aa^Y°l Sec. la. (a) The owner of a motor vehicle covered by Section 1A, Texas Motor ,iao a ttnW Vehicle Safeiy-Responsibility Act (Article 6101h, Vernon's Texas Civil Statutes), shall submit with the application for registration. under Station J of this Act evidence of financial responsibility that is currently valid -iect the (b) tf the owner 0)1a motor vehicle covered by Subsection (a) of this section fails to e Texas submit with the application for reglstration evidence offfnonciai responsibility that s Texas complies with Subsection (d) of this section the county tax collector may not register ,roprlats the motor vehicle, nanclal reapon+fbliil on, The (c) 1'he county tax collector shall examine the evidence of f1 1991, and submitted to determine whether it compiles with Subsection (d) of this section and, t directom after examining the evidfrtoe, shall return it unleu the evidence is presented to the tax collector in the form of a photocopy, the evidence to read as (d) I7ts following evidence of f5nancta! responsibility or a photocopy of . i satiefies the requirement oft ssetionr a board of (1) a liability insurance policy or liability self insul~aw or fool coverage doc. j ument issued by a political subdivteion or governmental Poo pue*uant to the authority contained in no Interiocal Cooperation Act (Article 4413(J9a), Vernon's y f , f f .r t 17 f 9 P i s tI S.: i3 71 Ch. 212, 10,01 72nd LEGISLATURE-REGULAR SESSION ;:nd LF.UISh. T k Texas Chni Statutes), Chapter 119, Local Governmnut Code, or other applicable too R'1 A n i ppheaer in at least the minimum amounts required by the Terns :)lotor Vehicle Safety-Re. } by evidence gt'/fna sponsibdity Act (Article 6701h, Vernon 's Texas OW Statutes) to provide prool'of a motor rrhreY;;) financial responsibility covering at least the period required by Subsectioii (a) of the Texas 'lots) I% this section; Statutes). Erwlertc, be in it leas! 1t t' e2) a standard proof of liability form promulgated by the Texas Department of Uolor ?'chicle Sn,r hrsupance and issued by a Unbility insurer that includes,- must corer rack » (•t) the name of the insurer; required to matt (B) the insurance policy or other coverage document number; specified under.re rC) the policy or other coverage document coverage period; an applicable not (D) the name and address of each insured or covered person; 69414, 4'o 01d, Ve\rnon's 's T e! (E) the policy or other coverage document limits or a statement that the coverage of the policy complies with at least the minimum amounts of liability tat Evm' motor insurance required by the Texas Motor Vehicle SafetyResponsibihly Act (Article this su',.e and nuera 6101h, Vernon's Texas Civil Statutes); and (including pot„er be windshield wipers, f (fi) the make and model of each covered vehicle; manufacturev's oriy (J) an insurance binder that confirms to the, satisfaction of the county lax steeringi wheel ass collector that the owner of the motor vehicle to be registered to ir: compliance with tax decal if required the Texas Motor Vehicle Safety-Responsibility Act ?Article 6701h, Vernon;) Texas is exempt from sun ' F„ Civil SlatuW) for at least the period required by Subsection (n) of this section; exhaust system, an (4) a copy of a cert:fs'cate issued by the Depnrtinent of Puulie Safety that shows stations or by Stat j that the vehicle to be registered is covered by self-insurance; inspection of trailers i, registered or gross (5) a certificate issued by the slate treasurer that shows that the owner q( the flue hundred H,Ptii vehicle has on deposit with the treasurer money/ or securi:iee in at least the amount this section may be required by Section 4 off the Texas ,Motor Vehicle Safety-Responsibility Aet (Article equipment or part o 6701h, Vernon a Texas Citdl Statutes); inspectlon certiflcat) (6) a certificate issued by the Department of Public Safety chat shows that the evidence ofJinancir t vehicle is a vehicle for which a bond is on Ale with the Department as provided by shown in the man? Section ?4 of the Texas Motor Vehicle SafetyResponsibi'lity Act (Article 6701h, sponsibilily Act (At Vernon 's Texas Civi! Statutes); or cola may not be iss (7) a copy of a certificate issued by the county judge of a countyy in which the the required et'iden vehicle is registered that shows that the owner of the vehicle has on deposit with the not liable to any P., county judge cash or a cashier's check in at least the amount required by Section in reliance on etude i` ,d IA(by$) of the Texas Motor Vehicle SafetyResponsibility Act (Artiels 6701h, Ver t the inspection fe t non's Texas Civil Statutes), Jaeilfty or station n (e) At the time the county tax collector registers a motor vehicle, the tax collector SECTION 10.04: shall provide to the person registering the motor vehicle a separate document that 6901h, Vernon's Tex contains a statement that the motor vehicle bohng registered may not be operated in (b) The following this state unless liability insurance eovoeage for the vehicle in at least the minimum Subseetlon (a) of thh 1 amounts required by law remains in e t to insure against potential !oasis or unless l' the motor vehicle is exempt f"thefnsuranee requirement by SevHon 1A(b), Texas (1) a liability fps Motor Vehicle SafittyResponatbility Act (Article 6701h, Vernon's raw Civil Statutes,) this Act or a photo , 0 The county tax colleotor Is not liable to any person for refusing to register a (2) a standard p motor vehicle covered by this section because of the person a failure to submit evidence men? of Insura net i of ftnancial responsibility that complies with SubmHon (d) of this section. (A) the name (g) The county, the coup tax eolleetor, a deputy county tax collector, and any (B) the Insure: person aeling foror on behWof a eounty or county tax colteotorare not liable to any i person for registering a motor vehiels under this section (C) the pulley t (h) This section don not prevent a person who is covered by this section from (D) tho nsims , Mguterfng A motor vehicle by MAIL (E) the polcy SECTION 10,02, Section 8, Chapter 173, Acts of the 47th Legielature, R#Culat' least the minimu Session, 1941 (Axtlcle 868Th, Vernon's Texas Civil Statutes), is amended by adding (Ir7 the make Subsection (c) to read its follows: 1090 r f a , ii 1 REGULAR SESSION ;,rid LEG ISLATURE- nEG ULAR SESSION Ch. 242, § 10,04 -*1her applicable iatm (c! An applieation for an original or renewal driver's license must be accompanied 'or l ohicle Sa' fetyRe. by evidence of financial responsibilfty or a statement thar the applicant does not oum ovfde proof of r motor vehicle for which maintenance of financial responsibility is required under ,b i n (a) of the Texas .Ifotor Vehicle Safety,Responsibility Act (Article $,Olh, Vernon 's Texas Civii Statutes). Evidence of financial responsibilily presented under this subsection must Texas Department qJ' be At al least the minimum amounts required by Subdivision 10, Section t, Texas Ilotor Vehicle SafelyResponsibility.Act (Article 6flllh, Sernon's Texas Cittil Slatulesl, urssst cover each motor vehicle that the applicant owns and/or which the applicant fs required to maintain financial responsibility, and may be shown in the manner bar; tpec±ted under Section 18(b) ojthat Act. .A statement that the applicant does not own l; to a ppheable motor ehicie must be scorn to and signed by the applicant. SECTION 10.03. Sectlon 140(al, Uniform Act Regulating Truffle an Highways (Article 10 N., 6701d, Vernon's Texas Civil Statutes), is amended to read as follows; ilafement that the (a) Eve motor vehicle, trailer, semitrailer. pole trailer, or mobile home, re istered in amounts of liability g risibility Act (Ability this state and operated on the highways of this state, shall have the tires, brake system (including power brake unit), lighting equipment, horns and warning devices, m,rrom, windshield wipers, front seat belts in vehiclos where seat belt anchorages were part of the manufacturer s original equipment on the vehicle, steeringg system (including power w of the county tax steering), wheel assembly, safety guards or flaps if required by Section 139A of this Act, is in compliance with tax decal it required by Section Mid) of this Act, sunscreening devices unless the vehicle '0th, Vernon 's Texas is exempt from sunscreen device restrictions under Section 134CNI or (1) of this Act, n (a) of this section; exhaust system, and exhaust emission system inspected at state-appointed inspection t• 'Nc Safety that shows stations or by State Inspectors as hereinafter provided, Provisions relating to the inspection of trailers, semitrailers, pole trailers, or mobile homes shall not apply when the registered or gross weight of such vehicles and the load carried thereon Is four thousand hot the owner of the five hundred (4,600) pounds or less, Only the mechanism and equipment designated In n at least the amount this section may be inspected, and the owner shall not be reeqqulred to have any o!her onsibility Act (Article equipment or part of his motor vehicle inspected as a prerequisite for the issuance of an inspection certificate, At the time of inspection thn owner or operator shall fbrnish y that shows that the evidence of financial responsibility. The ettidence of jfnancfai responsibilily may be tment as provided by shown in the manner speeied under Section 18(b), Texas Yolor Vehicle Safety-Re. y Act (Article 6701h, sponsib(lity Act fArliele $70114 Vernon's Texas Civil Statutes), An ins eMfon cerh cafe may not be issued for a vehicle for which the owner or operator fpils to fisrnwh E i n which the the required evidence of jlnaneial responsibility, An inspection l'acflity or station is c not liable to any person, including a third party, for issuing an inspection certifleate k 'is 0„ eposfl with the i n reliance on evidence ojfinaneial responsibilily submitted to the adl(t or station. t t required by Section f y ' i (,article 6701h, Ver• 1 the Inspection fissility or station Is the seller ol.f, a motor vehiclo, the inspection facility or station may rely on an oral insurance binder, isle, the tax collector SECTION 10,04. Section IB(b), Texas Motor Vehicle Safety-Responsibility Act (Article c 6701h, Vernon's Texas Civil Statutes), Is amended to read as follower berate document that not be operated in (b) The following evidence of financial responsibillty satisfies the requirement of cast the minimum Subsection (a) of this section: r. lia1 losses or unless action 1,4(6), Texas (1) a liability insurance policy In at least the minimum ac-ounte (limits] required by ras Civil Slatulesl, ih i Act or a photocopy of that policy; irsiny to register 0 (2) a standard proof of liabilit fvraurance}arm promulgated by the Texas Depart. to submit evidence ment of Inauranee and (ugdtten 1n wrwpsJ issued by a liability insurer that includes; ais section, (A) the name of the insurer, ix collector, and any (B) the hisisraaee policy number; x rare not liable to any (C) the policy period, by this section from (D) the name and address of each (Ike) insured; (arid) (E) the policy limits or a statement that the coverage of the polioq complies with at Legislature, Re lar least the minimum amounts (attsewK] of liability insurance required by this Act; and i amended by adding (n the make and model of each cowered vehicle,- 1031 { s , i I I ' (gk4lil.' ;T T; 72nd LEGISLA'£CRF- REGULAR SE Ch. 242, § 10.04 SiIOV 7;nd LEGISI "e tJ1 an insuronce binder that confirms to the satisfaction of a law enforcement officer r.it,r Subsecu or an agent of the Department that the owner and/or operator is in compliance with tbilowing the this Act; or 0 The;Wl,) 14) a copy of a certificate issued by the Department showing that the vehicle is satislies the e covered by sLllf-insurance; a hab e.lr a certificate or ropy of 'a certificate issued by Me state treasurer that sho+:;s 4et 10 pror )rat the )rrner qj the vehicle has on deposit with the treasurer money or securities by Subseeh in at least the amount required by Section l5 of this Act; t') a +;1a a certificate copy of a a certificate issued by the Department that shows that Deparlnten ie the e ~~ehirle is a vehicle /or which a bond is on file with the Department as protases she by Section j4 of' this ,let; or (8) the ' ill a copy of a certificate issued by the county judge 01 a eounlq in which the bse the vehicle is registered that shores that the owner of the vehicle has on deposit with the tSt0 the county judge cash or a cashier's check in at (east the amount required by Section (D) tit !.{!b1(tl Of this Act. (E) the 1 SECTION 10.05. Section ICta), Texas Motor Vehicle Saf sty. Responsibihty Act IArtlcle with of the i 6701h, Vernon's Texas Civil Statutes) is amended to read as follows: wi an it { tat(1) A person commits an offense if the person operates a motor vehicle in defendant notation of Section /A of this Act, de Subjection (1) Except as provided by Subdivisions (0) and (41 of this subsection, an offense ty) a col under this substetio+t i.a a misdemeanor punishable by a fine of not less than $175 that the vt and not more than $d 50. (51 a set (J) f the person has been preriousiy convicted of an offense under thissubsection, (3) ec tele a has ' an oJJense under this subsection is a misdemeano, punishable by a fine of not less required b than $d50 and not more than $1,000. (81 d eecei (¢1 1 the court determines that a person who has not been previously convicted of jot which a an offense under this subsection is economically unable to pay the Jane, the court 4et; or may reduce the jfne to teas than $116 [9641---m 4w -Mlis (7) a eo -1 _A yam, uchictd is 40"""140" a Ito R41 19 Ili -1 nallon42W). E rounlyis raaaperh 4ur+{epttLle SECTION 10.06, Section IF, Texas Motor Vehlclt Safety Responsibillty Act (Article !Alb/ IA pn{8) p 0) ) 6701h, Vernon's Texas Civil Statutes), Is amended by adding Subeeetions tot, W. (e), (0, rd(9) from - and tg) to read as follows: person sum let On a second or subsequent conviction for an ojjenae under Section 1C(u1'0 of secured cret this Act, in addition to any other punishment under this Act, the court shall o)der presentatio: f t credifoisr9 ly impoundment of the motor vehicle being driven operated )y the def time at the eatabhf n E time of the offense, V the defendant was an owner of the vehicle at the e time of the l f offense and is an owner of the vehfole on the date of convtation, Except as provided by SECTION Subsection (el of this section, the duration of an impoundment under this subsection Vernon's Tt is 180 days, T e court shall issue an order to the sheriff o the county in which the r 4 court has jurisdiction to impound the vehicle of the dsleendant. The court shall ve) A eat impose a cost of $15 a day against the defendant for the impoundment of the 1 veh a the defendant's vehicle, li deduo of t the (d) An owner whose motor vehicle A imppounded under Subsection !e) of this Wtion punuant to ! must, to transfer title to the motor vehiefe, ap~sly to the court fbr pormi im //the ~ SECTION court finds that the transfer would be in good faith and not to circumvent this Ant, 67the court shall eyyprove the transfer, if, while the motor vehicle is impounded title to , Vom the motor udhtvte is transferred by foreclosure, sale on execulion, eanesllation of a CISeeioo, IRDE-S j conditional $ales contract, or judicial order, the court shall order release of the REPAIR, t vehicle, (e) The court may not order the release of a motor to the court impounded release of ~ them Subsection (0) of this section unless the defendant app s 1 mainten on t the impounded vehicle and submits avid mss f financial respottoibilily that complies 1032 1 r t r i ,i Il Ll) WULAR SEShWN land LEGISLATURE-REGULAR SESSION Ch, 242, jp,ag enforcement officer uith Subsection (0 of this section and that covers the luo•year period immedintely in compliance with following the date the defendant applies)br release of the impounded motor vehicle. i1) ne fbilowing evidence oj)inancial responsibility or a photocopy of the evidence the vehicle is „lfis/ies the requirement of Subsection (e) ojthis section: (1) a liability insurance policy in at least the minimum amounts required by this •reu;urer that shoos tee"to provide proof o)'f9nancial responsibility covering at least the period required money or securties by Subsection (e) o!'this section: (11 a standard proof' o)' liability insurance fbrm promulgated by the Texas rent that shoos that Department of Insurance and issued by a liability insurer that includes; aronent as provided iA) the r,ume of the insurer; aunty in nehich the (B) the insurance policy cumber; I on deposit with the (C) the policy period, which must equal or exceed the period required by required by Section Subsection (e) of this section; (D) the name and address oireach insured; and onsibility Act (Article (E) the policy limits or a statement that the coverage a)' the policy complies s; with at least the minimum amounts of liability insurance required by this Act; n motor vehicle in (9) an insurance binder that confirms to the satisfaction of the court that the defendant is in compliance with this Act for at (east the period required by r ibsection, an offense Subsection (e) of this section; of not less than WS (4) a copy of a certificate issued by the Department of Public Safely that shows that the vehicle to be registered is covered by self insurance; ender this subsection, (3) a certificate issued by the state treasurer that shows that the owner of the by a fine of not less vehicle has on deposit with the treasurer money or securities in at least the amonni ( required by Section 4 of this Act; •ethously con:7eted of (6) a certificate issued by the Department that shows that the vehicle is a vehicle i iy the fine, the tourt for which a bond is on file with the Department as provided by Section 14 of this Act, or anielw4k by a-Final f%) a copy of a certificate issued by the county judge of a county in which the cl..i 12 mi." vehicle !e registered that shows that the owner of the vehicle has on deposit with the ' dlasF "tZ00►~, county judge cash or a cashier's check in at least the amount required by Section !A(bX$) of this Act o' y act (Article a~ (c), (d), W. in, (g) On presentation to the sheriff who impounded a motor vehicle plan order aj release fl•om the court and payment of the cost ofimpoundment by the defendant or a person authorized by the oumer, the sheriff shall release the vehicle. furthermore a r Section !Ural(!) er secured creditor may obtain a reicase of the motor vehicle from impoundment upon the court shall order presentation to the sheriff of u certificate of title with notation of the secured the defendant at the ereditorb lien and an accompanying affidavit from an officer of the secured creditor ! e rst the time of Me establishing that the loan secured by the motor vehicle u in default or has matured, vceps as provided by SECTION 10.01. Section 4,202(a), County Road' and Bridge Act (Article 8702-1, der this subsection Vernon's Texas Civil Statutes), Is amended to road to follows; 'un1yy in which the t f Tlic court shall (a) As compensation for [461 services under the laws relating to the registration of ,oundment of the vehicles, each county tax assessor-collector shall receive a uniform fee of $1,90 (SI ) for ; each of the receipts Wued each year pursuant to those laws, The compensation shall be a (e) of this section deducted weekly by each county tax auessorcollector from the ~grtoois collection made permission. If the pursuant to this Act and other laws relating to registration of vehlcler, l circumvent this stet, SECTION 10.08. Section ID-2, Texan Motor Vehicle Safoty-Responsibility Act (Article 's impounded, title to 8701h, Vernon's Taxer Clvd Statutes), is amended to read as follows: orn, eancellatfon of a Sao. 1D-2, DEFENSE TO PROSECUTION FOR FAILURE TO MAINTAIN FINAN• order release ej the CIAL RESPONSIBILITYi POSSESSION OF VEHICLE FOR MAINTENANCE AND REPAIR, It is a defense to proeeoution of an ojfmm under Section IC(aX1) of this Act l 'e impounded under ( that the vehicle being driven by e court for release of the person charged was in the P0111116111111101% of that jperson for the We p of sibility that complies maintenance or repair and wu not owned In whale or in part by the person eharged Ia~s , I i F l , , ti 1 1 f Ch. 242, § 10.09 72nd LEGISLATURE-REGULAR SFSSION J 7lnd LEGISLATL SECTION 10.09. Section 1F(a), Texas Motor Vehicle Safety. Responsibility Act (Article ARTICLE 1 6701h, Vernon's Texas Civil Statutes), is amended to read as follows: (a) A second or subsequent conviction of an offense under Section 1C(aXi) of this Act SECTION 1 s Ci f- WFe t 4 respepaibilioy) shall also carry a suspension of driver's V (a) T s Texas Ci• license and motu~vehicle registration unless the defendant establishes and maintains la) The Texas Ct proof of financial responsibility for two years from the date of conviction. The require. payment of where ment for filing proof of financial responsibility may be waived if satisfactory evidence is employer. To be e filed with the Department that the party convicted was at the time of arrest covered by a self insurer must } policy of liability insurance or was otherwise exempt as provided in Section IA(b) of this election of a board act. 1 of directors shall a SECTION 10.10. Section IH, Texas Motor Vehicle Safety-Responsibility Act (Article wage earners, one 6701h, Vernon's Texas Civil Statutes), is amended to read as follows; the Texas Worket Sec. 1H. NOTICE OF LICENSE SUSPFSISION. (a) If a person [ap eutwt~~~ a ! f paa d ±1 Is unable to furnish evidence of financial responsibility to a law enforcement officer ; nonvoting membet under Section 1R of this Act and the {law atsfvrearaeacJ officer issues (to) the person assoclatlon. Rules f e ePaealorJ a citation for an gferse tinder Section X(aNl) of this Act fa" Texas Workers' Ct f, the citation must include in type larger than othar SECTION 11.02 type appearing on the citation the following: "A second or subsequent conviction of an oyfense under the Texas ,Rotor Vehicle SafetyResponsibitily Act (11!24iura tp ~r►sinyiq Art, 1.15A. IN ii+iwwJa!-eae~tiatbihtyJ will result in the suspension of your driver's license and motor Sec. 1, PURPO vehicle registration unless you file and maintaln proof of financial responsibility with the an independent c, Department of Public Safety for two years from the date of conviction, The Department financial condition may waive the requirement to file proof of financial responsibility if you file satisfactory See, 2, APPLIt evidence with the Department showing that at the time this citation was Issued, the under Section 4, vehicle was covered by a liability insurance policy or that you were otherwise exempt from the requirements to provide evidence of financial responsibility," Sec, 3, DEFIN (b) A judge presiding at a hearing at which a person is convicted of an offense under (1) "Accounts i Section 10(aXt) of this Act f firm that meetf ? shall notify the person that the person's driver's license is subject to suspension if the r~ l tj person fails to provide to the Department proof of financial responsibility as required by ' Section 1F of Xs Act, aeeowecaacJ. is' j SECTION 10.11• Section 24(a), Texas Motor Vehicle Safety-Responsibility Act (Article (2) "Affil his 6701h, Vernon's Texas Civil Statutes), is amended to read as follower 21,49-1 of this i (a) Proof of financial responsibility may be furnished by filing a bond with the (3) Department, accompanied by the statutory recording fee of the County Clerk to cover the ' cost of recordation of the notice provided for herein, and with at least two (2) Individual &g°°l J sureties each owning real estate within this State, not exempt under the Constitution or LF4)J "BoaW JE laws of the State of Texas, and together having equities equal In value to at least twice (4) Al "Con the amount of such bond, Such real estate shall be scheduled In the bond approved by a I' Judge of a court of record, and shall be certified by the tax assessor and collector of the (S) ((n, nett county where the property Is situated as being free from any tax (fens Such bond shall state an Inds ;j be conditioned for payments in amounts and under the same circumstances as would be comps tiles, gar societies, In a motor vehicle liability policy, and shall not be cancelable except after five (8y mute days written notice is received by the Department, but cancellation shall not prevent mutual asusst ; mutual and ifisurfin recovery with resppeecot to any right or cause of action ar4ing prior to the date of meal and Interf cancellation, On Jfifng oja valid bond, the Depxtriment shall ism to the person named nano organlia as principal in the bond a ceriocate ojcompliance with this section: Such bond shall services torpor constitute a lien In favor of the State upon the real estate so scheduled of any surety, (B) ((44j "Sub which lien shall exist in favor of any holder of a final Judgment against the person who code has filed such bond, Notice to that effect, which shall include a description of the real estate scheduled in the bond, shall be filed by the Department In the office of the County Sec 4, (A= Clerk of the county where such real estate la situated, Such notice shall be accompanied (c) 0~ this sectiot by the statutory fee for the serviced of the County Clerk in connection with the milfio40 recordation of such notloe, and the County Clerk or his deputy, upon receipt of such r notice, shall acknowledge and cause the same to be recorded in the lien records, 1w), In ilea of Recordation shall constitute nodes as provided by the statutes governing the recordation may submit an a of liens on real estate, of dlreat premlu 1034 t S i ; 1 1 alp. r• . li CITY OF OENTON MUNICIPAL CJUHI ANALYSIS REPURT OF CASES FROM 05/01/91 rO 071Jl/91 r CASES CtlLL t;C 16 E) ALL CASES f°1L CU SINCE 05/01/91 TO U7/4)1/91 7957 1 ALL 620 CASES F1LEU SINCE 05/01/91 TO 01/31/91 161 S 6,664.36 ALL 626 CASES-OF.UIs NC 05/01/91 TO (7/31/91 70 a 165.00 ALL 514 CASES FILc7U SINCE O5/01/91 TO 7/31/91 20 S. 340.00 AL 1. 402 CASES FSLCD SINCE 05/01/91 TU 07/31/91 203 S 7087745QF ALL 405 CASES FILED SINCE 05/01/91 TO 01/31/91 131 • 2.232490 i ALL CASES GOING TO OSC Od/01/91 To 07/31/91 727 ALL CASES WITH OA UR UU 05/010091 TU 07131191 132 f 30 20.00 ALL CASES WITH Ul OR OF. 06/01/9) TO 01/31/91 198 AL1. r:ASES FOR WARRANTS 05/01/91 10 01/31/91 12 A. 21#00 ALL CASES FOR CAPIAE 05/01/91 TO 4) 7/31/91 16 s 27.00 { 1 f ~~.f~MANil4'ii9i1sYW7$OVCA'u':et'~rN.RnrrM,u w.M._.r.... .....w-,.a. .....-w..n w. sr. ..,,.n wu. n~.. •rr.e,wr..x~ ae r..a, ....e ea..w... ..u..:a. •n. n.:r. rrvo.inv n.Hra»m.r~arnaaeVApu.araa~.:«wranwaYiuewmnpeap t HOUSE BILL 70, HOUSE BILL 598, HOUSE BILL 1342 AND SENATE BILL 757 H. B. 70, H. B. 598, H. B. 1341 and S. B. 757 were effective September 1, 1991. Each affects driver safety course procedures and in addition, H. B. 70 creates a new Court Cost: 1. H. B. 70 creates a $3.00 Court cost to be collected on each conviction for a 6701d violation, These funds are retained by the City. F E 2. H. B. 70 allows a person to take a driver safety course every year, instead of every two years, from the date of citation issuance going back one year. 3. H. B. 70 requires that a person show proof of insurance at time driver safety course is requested. 4. H. B. 598 allows a Defendant to motion the Court for Driver Safety Course at any time before final disposition of the case. Prior law, Defendant had to request by appearance date. 1 5. H. B. 598 requires that if a defendant defaults in providing proof that he/she took a driver safety course, the Court must notify the defendant in writing of default to allow the defendant to show cause why he defaulted and the Court may grant more time to complete or show evidence of completion, If the defendant fails to appear for the hearing, the defendant can be charged with violation of written promise to appear. i j 6. S. B. 757 requires that a DSC must be conducted in a Central Education Agency approved school. 7. S. B. '757 adds some additional offenses for which a person cannot take a DSC course, i.e. a) failure to remain at the scene of an accidents b) failure to leave information or aid at the scene of an E accident) and c) fleeing frdm police. 8. S. B. 757 adds a requirement that a Court can no longer approve a course not taken by a Central Agency approved school. 9. S.B. 757 repeals the provision that minors did not have to enter a plea of guilty or no contest to take DSC. 10. S. B. 757 also adds an amendment to Article 45.54 of the Texas Code of Criminal procedure in that is now requires that when a person wants Deferred Adjudication on any offense involving the operation of a motor vehicles (except commercial motor vehicles) the Defendant will have to ta)M i commercial motor vehicles) the Defendant will have to take DSC as a term and condition of probation, 11. H. B. 1342 amends the Uniform Act in that a person driving a commercial vehicle cannot take DSc for: a) excessive speeding over 15 m.p.h. over the speed limit; b) violations of local and State traffic laws other than parking, vehicle weight or equipment defects, when involved in a fatal accident; c) reckless driving; it d) improper or erratic lane change; e) following too closely. Procedural Impacts l i Each of these bills will increase the workloads of the Court Clerks and the Judge and increase office expenditures. The r' default hearing provision in H. B. 598 will create the necessity for an additional court docket, and it will require new forms to be generated. The sending out of letters will be quite time consuming, burdensome and expensive. The provision of H. B. 70 allowing for DSC every year will impact the number of persons appearing at the window to sign up for DSC and the DSC procedure is already quite lengthy. The Clerks will also have to check insurance proof and explain this requirement over the phone and at the payment windows. The new cost will have an impact because it is only one of many new costs which are not applied across the board to all cases. The clerks will have to spend more time figuring the costs to be collected on each J individual case. 1 j The impact of S. B. 757 will be devastating. The fact that the Court can no longer offer Deferred Adjudication on traffic tickets without requiring the Defendant to also take DSC will mean a decrease in deferred cases, which normally produce more revenue than the fine, thus a decrease in revenues will occur. This will alwo inorease the number of cases appealed to the County, as deferred will no longer be an attractive option. It will also have the affect of more Defendants pleading "not guilty", thus expanding court dockets and personnel time in the court room. The fact that minors will have to enter plea will also increase the paperwork, because written pleas and judgments will be required to be entered. The impact of H. B. 1342 will require that the Court Clerks become extremely versed in the "commercial motor vehicle" definitions,'review each ticket to ensure that it does not involve a commercial vehicle, and then become familiar with the offenses for which a commercial vehicle operator cannot take a DSC course. However under H. B. 1342, an operator of a commercial motor vehicle will still be able to receive deferred under Article 45.54 without having to take a driver safety course as a condition of the deferral. 5 t i Fiscal Impacts t" The fact that«DSC will be available yearly will significantly affect revenues. For the period October 1990 through July 1991, r our records reflect that 1,924 persons took a DSC course, This is a monthly average of 160 cases. This figure is anticipated to double. A defendant pays a $10.00 fee to the Court which is retained by the City. The average traffic fine is $65.00, thus the city will be losing about $125,000.00 and gaining $19,000.00 for a net loss of $106,000.00 (assuming the total of eligible DSC defendants doubles). The City will also collect the new $3.00 `y cost, however, this will be offset by the expenditures necessary to comply with the default hearings of H. B. 598. The requirement of DSC on deferred cases is already having an impact. Since September 1, 1991, no one has opted for the seat Belt Program as this program can only be offered as a Deferred. When a Defendant is advised that he must also take DSC, he opts ; to either pay the fine, take DSC if eligible or plead "not guilty". Prior to September 1, 1991, there were 107 Defendants ' who opted for the Deferred during the period August 6, 1991 to August 31, 1991. Although the deferred fee in these cases was lower than the fine, the sheer volume would have offset any fine revonue losses. ; t ry i j i i ! ` ~ I 1 i; c'! 1 ji COMPARISON OF MUNICIPAL, COURT STATE JUDICIAL MONTH[,Y.REPORTS FOR THE PERIODS OF OCTOBER 1989 TO JULY 1990 AND ri OCTOBER 1990 TO JULY 1991 AS YEARLY INZEALS a DESCRIPTION OCTOBER 1989 OCTOBER 1990 t TO JULY 1990 TO JULY 1991 k a Total Cases Filed: 24,521 240647 Total Cases Dismissed By Driver Safety Schools 11437 1,924 Total Cases Dismissed By Showing Proof of Insurances 11807 1;678 Total Cass Appealed/ Dismissed at Countys 664 687 L Other Dismissal Before Trials 1,106 2,190 ....rr . I Revenues $10054,234 $7220765 Total in Revenue Figures That Was Collected on Warrants: $ 419r688 $ 150084 Total in Revenue Figures } That Was Collected as Fines/No Warrant: $ 634,547 $707,681 t s s r 1! J , r CITY OIT DENTON KUNJCIPAL COURT i ANALYSIS REPORT OF CASES PROM 06101/4J TU.PRtSENT ALL COUNTS ARE FOR COOLS 6331 632s AND 634 CASES ALL CASES FILED SINCE 05/01/91 TO PRESENT FOR CODES b339 612, 630 891 ALL CASES FILED SINCE 05/01/91 TO PRESENT THAT HAVE PAID 424 ALL CASES FILED SINCL 05/01/91 TO PHLSLNT THAT MAVL OF OR PR CODE 9l ALL LAS@S FILED SINCE OS/01/91 TO PRESENT THAT. HA VG A rARRAN7 0 r f{ li j f , I ,t. .r..rwn,n• . t.e.:f~WluftuMA.a1e,.Ya.Awr.Mll~a\e~N't1iN.l'taA~nf. . me n.i..a f f x ..~u.u,..~ uer,r.Wms~wc~.ttHaJ'NrIFAF':fYRVO•!11'1f01341 (rIWYJHW4 .Yw,,.tit. f..I i GULAR S89t31oN tot0WISLA'T~-4MGM.AA SESSM Chi. 124, ¢ 2 +d.by rive Cutodlan CHAPTER 124 H.B. No. 74 condition of the AN ACT _ necessity that the orq 1d* oolWW aM disspOOa~e of Wain oo0tson ~ of o~ b~tft okenaaa in each house be y,d w 8e it enacted by the Legislature of the State of reran: I by the Senate on SEC'T'ION 1. Section 143, Uniforms Act Regulating Traffic on Highways (Article 6401d, lamdo s 'texas Civil Statutea), is amended by adding Subsection (c) to read as follows; ieX11 en addition to Other co Court Jan 4ont4cted o/ a miede+neanor offense under Ibis 4ct shall pay m ca (,j) An officer collecting costa under this subsection in cases in municipal court ~holl deposit the fund, in the municipal treasury, (J) An officer collecting cosh under this subaation in eases in justice or county eourt shall deposit the funds in the county treasury, (4) An officer collecting eats duo under this subsection in a county court on appal foM justice or municipal court shall deposit the Hands in the county treasury, SECTION 2. Section 14300, Uniform Act Regulating Traffic on Highways (Article 6101D, Vernon's Texas Civil Statute), is amended to read as follows, •eqL*sments Under (a) when a person is charged with a misdemeanor often" under this Act, other thin a while vehicle shag vemon's asses Gvll violatwmbtthheec court of his rightdto uccessfulllyy ccompletera driving sthe afettytemrso and the ( advised by i mrC (1) in its discretion may deter proceedings and allow the person 90 days to prewut a ion, 1987 (Article ) uniform eerdfleats of course complatioa as avidema that. subs"u nt to the alleged act, the person Ines sueassiftuy cotapkted a riving safety course approved under the Texas t ISA to read u pmprletgry School Act (C*ter 32, Education Cade) or other drhfag safety aourse approved by the court; or "W of the Act I (2) shall deter proceedings and aliuw the person 90 days to precast it umlforsa a it riled any I esta of course completion as written eridewta that, subsequent to the aUagad sat, the, the aeon has suoemfuly completed a driving satet rcourse apprawd under the Tense pQee oil~ another I ' e ia~ner ' 1'rePrtatary School Act (Chapter 32, Educetioe Cods) or &*tag safety course on who remove approved by the court, , re covering such (A) the person, except as provided by Subsection (r2) of fhb sects m, enters a plea is pence or in writing of No Goatees or t3nllty and presents an aor before the answer date q, resilient rile wnwn requM4 In person or by snail postmark on tht I citation, to take a courw, steed adhnitw (S) the court eaters Judgtaat on the person's lea of No Costnt or GuR7 at the dame penalty not to the pies is made but deten Imposition, of the Jugnuaemt for 90 days; (C) the person has a tnrW Teams driver's fiance or pestnit; t of PabW condition of the ) (D) the person's drW%g resod se maintained by the Tom Bepaelmea ecessity that the I Safety does not indkab snaesesfal oorx)Wn of .t drdring eaf~ &W the of ~~ed undw I each house be ! subdivialoo withdm the cue assn' (ttn►+rean) imms&44y pssaedieg t and he in force I (E the pereoa i oKmsst to" in atlidarit with tba aonst ststisg that the person is not b the proew of tal IN a eourso under two Subdd►isdoa aid has not completed it come under ,ga concurred this snbdhrisioa that it not yet rsMetsd on the psrsoa s *17140 roiwdl (andl rd votr, paced d M the offetw charged id for an offense cerersd by " seetion AW Nam speedlag 26 j t 1, i m4a per bar or snore ova the posted speed Ibis at the place wbas Ns adlsged Mew foocttresd, a~tsrdso v "aNef. Pro R ilyt AActli (Ai'" U14=11:1411 TWO C 1 raw /k, rte Slatrteey 704 t t i i . I r Z 1 j r +1 i j CAL 17M, ~ ~ 12" L1iCiSLiflll»~~{,~ g~ } 1=pi Lzc,L" ANW,i it swili 3. 7% Act takes effea September 1, 1941. The abuili in law mach gECT10N 2 The unpo this apply o to offenses comaitwd on or after tM effective data of thin Act M ( ndars l4 both, houses er mmitted before the effective date of this Act is covered by the law is aale effect t Cale utional rule requ= when the offense was oomzWt" Lad that law 4 continued in effect for that p t For purposes of this widen, La offense was committed before the effective data o! r}ry eusi~eoded; and We rule Is j Act if Lay element at the offense oaurred before the effective date. from and after Its Passage SECTION 4. TfN &poriaace of this ktulatioo and the crowded condition of the passed by the House on calendars bs both houses create an emerteocy sad an imperative public neeaLSity that the MaY 10, 1991: Yea constitutional rate requlrlnt bills to be read ou three several days in each house be Flied without slg AWM M suspended, and ehh rule is hereby suspeoded. Efteatlve August 28, 199' Passed by the House on April 22, 1901, by a MO"Word Vote; NL"W by ft Senate on May 8, 1991, by a yiye.vW* yotw Filed withotrl siprytun May 20, 1991. EMsofiw Sepili 1, 1941. CELUP lcg 125 relatlrq to nu poe+uuon Of raw H.B. No. 984 He if enacted by the Ley SECTION I. Chapter 30 nesarrp b Vents &W* ON her" ewrroe k*nM AN ACr e praerun reactions. folic 1, Vernon's Texas t , Be it maw 6Y 00 L"414(i 0/me Sfafe of Teresa. See. 8d YU corrrmisee pr01"0ta the Was of toll r SECTION 1. Section 04 Article b,UA., Insurance Code, 1a amended to read as follows.- conrmfy J"M court jtrd, (a) A person's property qualifies for a homeowners hteuranee preatium rsdnatipn if tb► SECTION L The ii Property: calendars be both howa m (!1 meets the cooathutlosai MW lria following minimum spedffatioaa: suspended, and is 1 i (A) (1141 exterior doors must be wild core doors that an 1-16 lni M Wick and mtut be Evolve and alter iM 0~' seeared by d"bolt Wdx Paard by the Hotter on M (0) metal loon moo be secured by deadbeM by ft SwwrW on Me rC1 (0)) double loon meat meet the FiIW WW alpnatyn Me subueetlon, must have the lsaeti 0 door andSaOw"hold b ke that Effaotlw May 20, tOOL Pea "Me metal strib Plater, and is the ass of rinse krated wMbis 40 b" of header Lad tMabold bol* must have the bolb flwb.monnted is for edp of the deer; t` ) NJ spr7WIDCC tiw doors must be unsaved by wcoodary krddat dtriea to prevent duteh i' and lower h YOS adsmust be wo nua!► boM baltk~ dr►foee to lot+rbek rapper by a dadi k>elq (t9101 Pao doss must be equipped wM kq.opwMW krekhtt deviaaal anl, (0) (Iti) windows mast be accred by &wWla(y kteldnt dsrfea4,, or *a" to ft eMgrtrb of attar (8) i is epnippetd rftA on efeeNvrrie as it enured by go LM n M Jul' 44rwt " nests 140 Jwtowinl 1+atWrr. 7 S>CCTION 1. Sa Wort Jim (•U sa "art" stye opeesinps 4111 eonfaeted,° Sea. 168.04t. >rLi111BT.if (3) the 10411"14 tnetr"era 614rfor and wilerior eirw popala" of more than M etot~ioeaU "iprnent it 11,14 approwd and is neanU"vo by a UL, applotred seabed a dull setvia sptas► SwnON fi. Thla Aet tt sales, iwstal/alion, and M0niterbto of tAe syWene are done in corn SIX7IION >A TM hnpa , o a1 edtA Me Prtnatr lnaat tore and lhlt+afe Seen * ca{esdaw td both houses M 418(!p"A Vernonk 7iseae CfutiSfateig* 'tom' Aai {Atltels i eeatitotle~atl rats tegaMtt 710 roaPosd*4 and this rule is , 1 y~.a, _.s.• Is 1 4 t St 4 ESSION 72nd LEGISLATURE-REGLUR SESSION Ch, 299, § 4 Passed by the House on May 17, 1991, by a n004e00rd vote; the House con od in Senate amendments 10 H.S. No, 413 00 May 25, 1991, by a non.rocord vote; paaaw by ft Senate, with amendments, On May, 24, 1991: Yena 31, Nays 0, Approved June a, 1991, Effective Seplembetl, 1991, nt of the CHAPTER 298 Ilion [la artut4a} ! H.B. No, 698 nen fmont roo" 10 regwats to take a drlvNip safety ~N~ that Be it enacted by the Leprelaturv of the Stak of Tema. 1 mot the SECTION 1. Section 143A(a-l), Uniform Act Re tatin r ttl~t thhee 6701d, Vernon's Tenaa Civil Statutes), is amended W road u Trfolllowsa Hlghwaye (Article (a-I) A written request to take a drt+rhtg safety MM Oder Subaaotion (02) of this a May 17, section it tim, Is sent b n on or before the it amw ~ er date on ftrWW a return reeetpt rsgtteatad, and is pceomarked Via u Ior,itten motion +ubrnrttrd k Ali. - ion 'k 4 201 q>te o see a a ooatrea s a 1 or SECTION 2. Section 143A, Unlfornt Act Re tin8 Traftte on Highways (Artlek 6701d, Veenwt'a Texas Civt Sbtutea), V rmeAded by8 Subuatbn (a4) to twd as lotaral t (44 A rv"t to take a driving h' emphawee sn'm eueA eouras malt sonatitrk am sppoomm" iw person a tsritttn P"40 to appear in court, '10 0 prOVAW roerded in Section 148 0/ 1Ak des; W pm "'s wgrlwt 4 Mork on or t { bsIl(m w a o1tvriame AWON v p ~ ap rim oourt I /As NtskeWk tn,{ Pip imiss wnr to as a 4 as court uiaQ note~y tAapnpn r µe ate"/ eo ' ,mart iwp on tAi etraNon, ojbw Pofts !w rt no" to go eddrwn and ftaqurre A# lkireell to appe,r; 40 y~; ~ Arwrrtl niaM eerdMa to Of oanrle i Mdftw ~ tAa Mtaer dove it As 044 to aAoN ' ing Article n`'oot Hint Y euubMi ~ eouu~ r 69 A t tt Oft?" %W th prvWd*d e "hot *Awl co wtitok ass ohirsw VismiaAa k in tAe ttkir w c. or other o san &eIt on 14 fv 4W A#4, * A Pon a Akotd SWA ,pose of eAar* allay an axtewaron orjline d ~~M01 to tAie eairt ~inoda 04 pnaon p eerfWak of mmo eompkiiow as evidomoi" "+eew shot a un(r6rM Wing to the driviv safety couwa pereow has e+~aaylrlly completed I SECTION 3, Thta Act Wree effect September 1, 1011, ra;do,la SECTION 4, The importanea of th4 krgfakitioa and the crowded ooadftbn of the ca et ats in both bona orate kk emerreoq sad as imps raths Publk nawalty that the entd3ir pew +eq~ '4.'y bits to bs read oh resting taco tuepended, sad this ruleaurpended thew aareral days is *ad house be ! Pored by Mw; Hom on May 2g, 1901, by a 11mocsord vo* Paeeed by th9 Ser1aN on r h May 26, 1111" You $1, Neva 0. lion of the Approved Jum a 1911, h~h~ bye E%CW$ SeplartlbM 1, 1991, F ( rMa ~ Y.l I$iSR. 1 $.0. No. 757 .I ' ~ ~ 1 (0eer-+4.--b@8Alf9H9--Ad~H@REAEB--P@R--~NS~RH2~E@Hv--Ne-meter a 2 veh}a}e_driver-tra}n}nq-inebresat}en-ahe}}-be-eendaeted-Eer-h4re--ee I 1 to}tten--exee~t--aa--act--eat-°}n--Acct}en-fend-}n-eeant}ea-xith-a q pope}at}en-of-}eas-then-5ArAAA--wheta--driver-tre}n},fig--}natruakien a. 5 may--be--q}von--by--a--aaparv}gory --}n at rose tot--er--}notresetot--net f a 6 connected---with ---of---}n--a--aem+nose}s}--dr4yer-tra}n}ng--eeheeir 7 Befsne}vr-dr}y}nq_-courses--approved- }n__«seeerdonee---with ---the e prev}a}ena--ef--Soot }en--}4AAr--On}ferm° Rag" }at}nq-VraIf}e-en 9 H}gkwaya-tArb}e}e-6iA}dr-Varnen•s-saxes--64v}}--Starntesjr--may-"be ~ 10 banghb--}n--}eeat4ena--ebher--than--}n--eemnleaa}ei--driver-braining 1 11 aeisee4a--ar--branek--e4f}eas--}f--such--4eaab}en-4a-apprared-by-ehe 4r eentra}-Education-Agenerr) 12 i 13 Sec. 27 (}5)4 PENALTIES. Any person who violates any I 14 provision of this Act shall be guilty of a misdemeanor and upon i ~ f 15 conviction thereof shall be punished by a lino of not leas than i6 7100 nor more than $1,000, or by imprisonment in the county jail 17 for a term of not to exceed six months, or both. i 18 (Seer-46r--GiTfB6~gMN8llIIlRBO-?9--BBN'lRA6--BB88AlfAN--A68N64r 1 d 19 she--dxtr}ss--under--trh~e-Act-are•trranrferred-from-bke-Bepartment-te ; . 20 trh weentra4-Bdreab}en-Ageserr--A--reference--4n--trh}s--Aet°-te--the ' 2l Bepartmenb-}r-a-reference-tre-trhe-eyener+) 22 SECTION 2. Subsections la) and (e), Section 143A, and 23 Subsection (g)t Section 143A, as added by Chapter 813, Acts of the 24 71st Legislature, R*gular Session, 1989, Uniform Act Regulating Statutes), 2S Traffic an Highways (Article 6701d, Vernon 's Texaa Civil j 36 j i l i C Y,. 7 p I;..rliga•J dt✓rY!~jy`[J} J fi j1 W . V1 s S.B. No. 757 I are amended to read as lollowsl j 2 (a1 When a person is charged with a misdemeanor offense f 3 under this Act, other than a violation of Section 39, 40, Si, or 4 186 committed while operating a motor vehicle, the defendant shall 5 be advised by the court of his right to successfully complete a ~ 6 driving saf.vty course and the courts 7 (1) in its discretion may defer proceedings and allow a the person 90 days to present a uniform certificate of course s 4 completion as evidence thatr subsequent to the alleged act, the 10 person has successfully completed a driving safety course approved 11 under the Texas Driver and Traffic 9a[ t Jsducation Act (Article 12 1413(2Vernon' a Texas Civil Statutes) (tke-lexss-Plepr4etery - i y n 13 gekeet-Aet-tekeptea-34y-8daeat4en-Eeda}--er--ethee--drev4nq--aaletr 14 eedrse-appreved-by-tke-eeertlJ or (2) shall defer proceedings and allow he person 90 15 16 days to present a uniform certificate of course completion as 17 written evidence that, subsequent to the alleged aet# the person Is has successfully completed a driving safety course approved under 19 the Texas briver and Traffic Safety Mutation Acf (Articl # 20 IIi312iaf, Vernon'r Texas Civil Statutes (leepr4eteey~"sakeet--Ae1e 21 f8kapter °g3~"'edaeat4en--eede3_"er--anethee--dr4v4ng~eeE~ty•ee>xrse 22 appreved-by-tke-een+rtl~ iCi (A) the person(r---exeept.--as"--ptevided---by 23 24 8rbseet4en-tr~Q}-e!_th~s-seetten~) enters a plea in person or in 25 writing of No Contest or Guilty and presents to the court an oral 37 T is FEntvteS I T t, t to. 1. X S.B. No. 757 1 request or a written request, in person or by mail postmarked on or 2 before the answer date on the citation, to take a courser person's {B) the court enters judgment on the per at the time the plea is made but 4 plea of No contest or Guilty y 5 deters Imposition of the judgment for 90 days) { (C) the person has a valid Texas driver's 6 i 7 license or permit, , (D) the person's driving record as maintained by v 6 9 the Texas Department of Public Safety does not indicate successful j 0 compleCion of a driving safety course under this subdivision within 11 the two years immediately preceding the date of the alleged 12 offense, (E) the person files On affidavit with the court 13 14 stating that the parson is not in the process Of taking a course completed a course under this 1s under this subdivision and has not E 16 subdivision that is not Yet reflected on the person's driving I 17 recordt and the offense charged it for an Offense 10 speeding 2S miles per hour or 19 Covered by this section other than 20 more over the posted speed limit at the place where the alleged 21 offense occurred. written lnlorsuticn !or ~ i 22 W No person shall distribute any a provider of a driving safety course 23 the purpose Of advertising urt h vinq jurisdiction over an offense 4 l 24 within 100 feet of any co pply to 25 subject to this section. This subsection does not a f is r _ r. 1 J f tee 14 p h y , S,H, No, 757 1 I distribution of such information to a court for the purpose of 2 obtaining approval of the course, or to advise the court of the P~ 3 availability of the course, or to distribution by the court, A 4 violation of this subsection by a provider, or the provider's 4 agent, servante employee, or a person acting in a representative 6 capacity for the provider, shall result in loss of the provider's 7 status as a provider of a course approved under the Texas Driver a and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas I 9 Civil statutes) (Peepr4etery--school--Aet--tahapter--s9y--6daesb4en 10 cede}-er-ether-drlvknq-seEeey-eeaese-rppreved-by-khe-eenrk). 11 (g) The Central Education Agency shall print and supply the ~ 12 serially numbered uniform certificates to owners or primary 13 consignees of courses approved under the Texas Driver and Traffic 14 safety Education Act (Article 4413(29c)e Vernon'a Texas Civil i 15 Statutes) (Proprietary- dalsearAet-fBhapesr-stlr~gdatee4ed-@ede}-nr 16 by-a-eeuetI The Central Education Agenoy may charge a fee of $1 17 for each certificate. An owner or consignee may not charge an is operator a fee in excess of thi fat paid to the agency for a 19 certificate. , The agency shall deposit the fees with the state 20 treasurer to be used only for the expense of supplying the 21 certificates and Administ*ring the Texas Driver and Traffic Safety 22 Education Act (Article 4413129c1, Vernon's Texas Civil Statutes) 23 IPrepr4sesry-eel,eel-Aee-EBhapeer-d9r-Hdeeaelee-tlede;l. 24 SECTION S. Subsections (8-1) and (a-2), Section 143Ae 29 Uniform Act Regulating Traffic on Highways (Article 6101de Vernon's 39 T- sir .r i ~ c iI k.. l v s Y H.Br for 1342 1 (a) Whom a person is charged with a misdemeanor of!ense 2 under this Act, other than a violation of Section S1 or aIt V i!s 3 traffic violation as defined in Section 31261, Texas CommercLal Revised statutes), committed y privet's Lleense ACt S„ACC1CLf 6687b-2, 5 while operating a motor vehicle, the defendant shall be advised by 6 the court of his right to successfully complete a driving safety 7 course and the court; 9 ;1) in Its discretion may defer proceedings and allow 9 the person 90 days to present a unltorm certificate of course 10 completion as evidence that, subsequent to the alleged eat, the lL p has successfully completed a driving safety course approved { arson i ~ 12 under the Texas Proprietary School Act (Chapter 32, Education Code) 11 or other dtlving'safaty course approved by the court; or 4 (2) shall defer proceedings and allow the person 90 L i is days to present a uniform certificate of course complet:on as s 16 written evidence thats subsequent to the alleged act, the person 11 has successfully completed a drivlnq safety course approved under is the Texas Proprietary School Act (Chapter 32, Education Code) or 19 another driving safety course approved by the court, ifi E (A) the person, except as provided by Subsection 20 ' 21 (a-2) of this section, enters a plea in person or in writing of No toques 22 Contest or Guilty and presents to the court an oral t or a 23 written request, in person or by mall postmarked on or before the 24 answer date on the citation, to take a course; (g) the court enters Judgment an the person's 2s 26 plea of No Contest or Guilty at the time the plea is made but 27 defers lmpoaition of the Judgment for 90 days; r r Y i' Lj 1 q lT 1{.8. No. 132 , I (C) the person has a valid Texas driver's 2 license or permits 3 (D) the person's driving record as maintained by 4 the Texas Department of Public Safety does not indicate successful i completion of a driving safety course under this subdivision within f 5 the twc years Immediately preceding the data of the alleged ; 1 offenses } 3 (E) the person files an affidavit with the tour. ' stating that the person is not in the process of taking a course j 0 under this subdivision and has not completed a course under this l subdivision that is not yet reflected on the person's driving 2 :ecerdt and 3 (F) the offense charged is for an of!ens• 4 covered by this section other than speedlnq 25 miles per hour or S more over the posted speed limit at the place where the alleged i offense occurred. i SECTION 18, Article 02,1111 Code of Criminal Procedure, is i amended to read as follows) I Art, 12,111, DEVI10j b OC PROCEEDINGS IN CASES APPEALED TO 0 COUNTY COURT, if a delendant'convLe ud of a misdemeanor punishable ~ f f 1 by fine only(r--ether--thee+--e-r#sde~sune:-d#spesed-of-br-Sect#en 2 +19Ay-Yn4l♦!r-Aet»Aelultst~n!-!re!!#e-en--f#Mhwars--tArt#s#e--a;<i#dr j3 Vernon+e-sexes-flvil-Statat*styI appeals the conviction to a county Y court the defendant aleY enter a plea in count I 4 court, on the trial IS of guilty or nolo contenders to the offense, If the defendant a enters a plea of guilty or nolo contenders, the court may defer i 7 2urther proceedings without enterinq an adjudication of quilt in { )4 I i G ~1Pfl,M,,l l4 11j 1 ~ I H.B. 4o. 1342 1 the same manner as provided for the deferral of proceedings in 2 justice court or municipal court under Article 45,54 of this code 3 This article does not ably to a misdemeanor case disposed of by 4 Section 143A, Uniform Act Regulating Traffic on Highways (Article J i 5 6701d, Vernon's Texas Civil Statutes), or a serious traffic 1 , 6 violation as defined In Section 3061, Texas Commercial Driver's 7 License Act (Article 6697b-2, Revised Statutes). B SECTION 19. Article 45 54(1),: Code of Criminal Procedure, is 9 amended to read as followsl 10 (1) on a plea of guilty or polo contenders by A defendant or it on a finding of guilt in A. misdemeanor case punishable by fins 12 only(r--edher--then-e-a#sdenleener-ease-d#spesed-el-e7-9eet4en-k13A~ p 13 -got MOM Lq { 14 Texas-8#r4#-9betnlas},J and payment of all court costs, the justice l5 way defer further proceedings without entering an adjudicatioh of is guilt and place the defendant on probation fora period not to l7 exceed 190 days, This artLele doss not apply to a misdemeanor case 19 disposed of by Section 143A, Uniform Act RegulatiAa Traffic on 19 Highways (Article 6701d, Vernon's Texas Civil Statutes), or a 20 serLcus traffic violation as defined in Section 3(261t Texas 21 Comsercial Driver's License Act (Article 66A7b-!2_t ~Rev sed i 22 Statutesl 23 SECTION 20, (a) This Act takes effect Septembrtr 1, 1991, 24 except that sections 4, u, 9, 10, and 15 of this Act take effect 25 April 1, 1992 26 (h) The change in law made by Octions 2, J, 4, 10, LS, 16, 27 17, lA, and 19 of this Act apply only to offenses committed on or i 1S i r _ T ( s w. a 2 r f HOUSE BILL 166 jj House Bill 16G, effective September 1, 1991, prohibits state agencies and political subdivisions from establishing or i maintaining systems or programs for evaluating, promoting, compensating, or disciplining a Municipal Court Judge (court of record or non-record court) (JPs and county court, judges also included) based on the amount of revenue collected from traffic convictions. Cities would not be prohibited from considering source and amount of revenue collected from court in evaluating j the judge's performance as long as no predetermined or specific amount of revenue is required. The city is not prohibited from ; getting budget information including projections from court. As this legislation deals with a matter, which as i understand, has been of great concern to most Judges, due to the inconsistency with the Code of Judicial Conduct, T leave it for your interpretation. t. I , s , f i ,a 1 M 1 `1 i, 1) t_ i Ch. 666, § 4 72nd LEGISLATURE-REGULAR 9p, . 7tnd GIST' Passed by the House on May 9, 1991, by a non-reco(d vote: passed by the c..-. May 21, 1991: Yeas 31, Nays 0. ~4 rY) Tralfie 4 Approved June 16, 1991. (A) Chapter Effective August 26, 1991, 90 days after date of adjournment, except § 21 n6876, Vermont September 1, 1991, 63 4 (B) the Vnc reran 0411 St ~F:CPfON 2. Th CHAPTER 657 ':FICTION 3, TT "Aivndars in both he j ;"ndututional nrle H.S. No, 166 „hypended, and this AN ACT Passed by the Ho 5 j relating to it prohibitor on reQufrin9 certain judges to collect a predetermined amount of re,&X4 Senate AmerK i convictions for traffic offenses. by in* Senate Be it enacted by the Legislature of the Slate of Texas.- Approved June 16 j SECTION 1. Section 1, Chapter t02, Acts of the 71st Legislature, 1989 1, ENecave Septembc ` 67U1d-26, Vernon's Texas Civil Statutes), is amended to read as follows; ( I Sec, 1. PROHIBITION ON REQUIREMENT THAT PEACE OFFICERS ORlUpGQ USE QUOTAS REGARDING, ( TMFFIC ~ FE'NSF.S (CITA WNS). (a) A political subdivision or agency of the state may s establish or maintain, formally or informally, a system, program, or plan by whisk till political subdivision or agency evaluates, promotes, compensates, or dtacipllw (!1 a peace of (leer [ AkAldwkrna Go I >cooedisg 1r issuance by the peace officer of a predetermined or specified rum r of nay type ' wtw to the rate of ttw combination of types of traffic citations; or He enacted by th ih a Justice of the peace or a judge of a county court, statutory cotinty pa,t He (enacted municipal court, or municipal court of record according to the amount of ~ fJtWU t 1. wi, collected by the justice or judge from a conviction for a lraoto ojjerue, btric Provided hov raw, that a municipality is not prohibited from muti'd" #a t~ai f A A tax, honpitat char dis th source and amount of revenue collected frrom municipal court when goal rM u4 held as prove overall performance oja Judge employed by the municipality, as tong ae no ;ufxeetlors (c) and (d) r mined or specific amount off revenue is required. J40./arrtA percent, o (b) A polid"i subdivision or agerioy of the state may not require or la soy sane {rr"nt directly or Indirectly, suggest to a peace officer or to a usiied f the petrel or aj~rl 8KC'rION 2 The h a county court, statutory county court, municipag court, or rnunkill esadtiji csJrndare in both howw record' "wutuNanal rule mbgt (t) ( l that the pea" ofmssr is tNil ~"Pt"cled, and this ruk or expected to bare a prodeterntlned or spetifled number of any type or eoainiii !roe "d after Its pans *-pea of traffic citations within a specified period such as a day, week, moth, asse pasMd by the Howe or year; or House concurred (g) that the justice or judye is required or expected to coleet a proloWmi l 141, No" o, 1 pre amount of retM+tus from a convietion for a Emf)5e offense within a #*,AadPal 22, 1001: Yaws 2! such as a day, we14 mont* quarter, or year, Apprpvw June to, let 1. (c) TAG Act don not prohibit a municipality from obtaining budgetary iOnsO Eneetke Jurw 16, 190 from a municipal court located witAin the municipality, Budgefary i,yemwo. ineludee eefimata made on the amount of revenue a municipal court oafitt b'd 1 be pmmied in a budget year, (d) A violation of this Act by an elected official eonadtutea misconduct sad it $ VW 4 for removal from offs". If a person who is not an elected oftfcid violates a IIAr person is also sub}eat to removal from-his, position, (e) to this section.' (t) "Convfotton" "mans the entry of an order by a court lmpailM • /nay w1,11111 haaua cwtatnptt ojinearcemtion or a fine, 2406 1 ~.r t. ~ 8 7L'LAR SEgStoN 12od I,EGISLATURF,.REGULAR SESSION t. ,r. Ch. 659 I by the Senate en (i)f "Traffic offense" Means any offense under: (A) Chapter IN, Acts of the 47th Legislature, Regular Session, 1941 (Article 66876, Vernon 's Texas Civil Statutes); or 'opt § 2, effective (B) to Uniform Act Regulating Traffic on Highurays (Article 6701d, Vernon a Texas Civil! Statutes). SECTION 2. This Act takes effect September 1, 1991. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an Imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule Is hereby suspended. Passed by the House on April 17, 1991, by a non record vote; the House concurred In Senate amendments to H,B. No. 188 on May 21, 1991, by a non-record vote; passed gum of revenue from ' by the Senate, with amendments, on May 18, 1991; Yeas 31, Nays 0. Approved June 16, 1991, i Effective September 1, 1991. ire, 1999 (.Article 9 3' FRS OR JUDGRS i TRAFFIC OF. CHAPTER 658 to state may not ,Ian by which the H.B. No, 191 ciplines! t according to the retatlnq to the rate of the swan and use tax a AN ACT .r of any type or. hoePitai ~strki may impose. i Be it enacted by the Leg&lature of the State of Taros; c to county court, SECTION 1, Section 285,081(a►, Health and Safety Code, L amended to read as ~ noun! of revenue ~ follows; ense. (a) A hospital district that Is authorized to impose cor-'4ering the and use tax, change the rate of Its sales and use tax, pr abolish Its ssal~er Wmay ild usep~ a lea n e acing the election held as provided bLt this subchapter, Subject to the limfgttlone provided b 1 g a, predeter• Subseedons (c) and (d), the rict ma one fourth percent, one-half percent, Y Impose one e pe percenthet tax one at a and rob oarad half one a nentett pereto percent percent, or two e in any manner, i ace or a judge of SECTION 2. The importance of this legislation and the crowded condition of the nicipal court of calendars In both houses create an emergency and an lr p dvs publk necessity that the ifficer Is required suspended, nand this rule Is hereby suspended, and thalf this Act take effect and be In force :ombinatkn of from and after it passage, and it is so enacted. i Lonth, quarter, Paasad by the House on May 7, 1991; Yom,138, House concurred in Senate amentirrolf to H,B Nis 2. 1 pressi os, 101 on May 24,t199~ emu 1 redetermined 147, Nays 0, 1 praaent, not voting; peow by the Senate, with amendment, on Ma t stiffed period 22, 1991; Yeas 29, Nays 0, y " Approved June 18, 1991, y informalton Effective June 18, 1991. I try information anticipales will 1 and L a ground , tea this Act that Y CHAPTER $59 H.B. No. 220 g a punishment reWtlrq to the teettalsa of AN ACT opftiaily spouses of C~ v ywa license lalicense pMNe for carawt veterans of mtllbry servwr and t wrvrv+n9 ~ 2407 s a SENATE BILL 355 Senate Bill 35 amends Article 102.011 of the Texas Code of Criminal Procedure. This provision deals with the $35.00 warrant Fee which may be collected when a peace officer executes or processes a warrant. Section (2) states $35.00 for executing or processing an issued arrest warrant or capias, with the fee imposed for the services of: (A) the law enforcement agency that. executed the arrest warrant or ca ias if the a en r ests of the court not later than the 15th da after the date of the execution of the arrest warrant or capias the ituposition of the fee on conviction or B. the law enforcement a an that rocessed the arrest warrant or cap as, if the executinglaw enforcement a en failed to r eat the fee within the period in Para ra h A of this subdiv s on. This law change basically states that the law enforcement agency that executes the warrant can request that they receive the " $35.00 warrant fee, as opposed to the current practice of the ` executing agency not receiving the fee. The Legal Department has also summarized this Bill and a copy of their memorandum is attached. i Procedural Impacts k Implementation of this law which was effective September 1, 1991, would cause the court to set up accounts for the various law t enforcement agencies in the State and track the execution of our suour bmitwa "bill" f rgtheent,; orrrants by for the rexagencies other ecuting agency than fees. ; In an effort to circumvent the procedural and fiscal impact of this law, cities that are members of North Central Texas Crime 1 Information Center have met and entered a resolution requiring that membership into this crime information data bank will require a City to relinquish any warrant fees it could legally require under S. B. 355. The City of Denton, I believe has signed off on this resolution, thereby dismissing any real procedural and fiscal hardship that the law could create. However, I wish to.state that this resolution could result in legal battles, especially from smaller cities who wish to join the data bank, but are unwilling to give up their rights to the fees under the S. B, 355. The resolution and membership requirements could be viewed as discriminatory short, this area may be revisited if the resolution is s i a, ISLATUt2E--REGUI„tR 9 ~13f tTU,,[tEGULAR SESSION Ch. 575, § 4 0 d~ CHAPTER 575 on who rs the subject o l In norty . S.B, No. 365 ee, , ,j am the T. e< AN ACT ri +nal✓ustice fsfer of the Pete^^ o me csvast`an of fees imposedor e.jeculion or processing of a werranl or caves ,i or ~"A°d`P4 for ,arred by the Legislature of the Stale of Texas: 4 r' Subsection (a), Article 102.011, Code of Criminal Procedure, is amended ode, is amended to read as std follows: Fxcept as provided b f4IIh'h e► defendant convicted of a misdemeanor shall pay the following fees for services y Sub 1e, n A ~ in the case by a peace officer. Section 54,051f1, CommissioFamily C n tLu^,N, h 'd°~ for issuing a written notice to appear in court following the defendant's i custody before the persoh ge 'h, III a~ of a traffic law, municipal ordinance, or penal law of this state, or for making i that entered the order of corn IRp ulagt without a warrant Jim n n, m fit =35 for executing or processing an issued arrest warrant or capias, with the life R 'irt hearing a person Commit ed for the servtees off a ~OPart Section 54.05(n Pted a Criminal r the law enforcement agency that executed the arrest warrant or capis, if partme nf j Justt°e a ency requests of the court, not dater than the IPA day after the date o the the time spent by the person a Af eon ojfhe arrest warrantor capias the imposition ereru ofthe fee on contdction; i 'plus the time spent at the 7464 of i ' t equals the period ojthe demon (g) the daw enforcement agency that processed the arrest warrant or capias, if uer theuired by pl ragraph (A) reement n, b atiled to request the fee within the period Department of Criminal J gg cy under Section SFamrip NQ bd 46 Texas Departritent of Crintf r 31 $6 for summoning a witness; ~f ate sentence, tt) $35 for serving a writ not otherwise listed in this article; i y, • i51 $10 for taking and approving a bond and, if necessary, returning the bond to the courthouse; (6) $5 for commitment or release; 17) $6 for summoning a Jury, If A jury is summone(Land 4m,, 4AW~' p+ et (6) 18 for each day's s;landam of a prisoner in a habeas corpus use if the prisoner f has been remanded to custody or held to bail, is rtraeaee Cke pessoss. SECTION 2' The change in law made by this Act applies only to the disposition of a fee imposed for a service performed on or after the effective date of thla Act. The la jjpoeition of a fee imposed before the effectiva date of this Act is covered by the law in A person not already discharged 'lay' affect on the date the fee was lmpoeed, and the former law is continued In effect for this 1991, and applies only to conduct purpose. )anal laws of this state occurs oe SECTION 3. This Act takes effect September 1, 1991, f the violation occurs on or afGr SECTION d, The Importance of this le&Mon and the crowded condition of the t; alendus in both houses create as emergency and an Imperative public neceniry that the is Act a governed by the law c constltutlonal rule requiring bills to be read on three neural days In each house be is continued In effect for that suspended, and this rule is hereby suspended, 'c PesaW the Senate on May 3, 1991! Yea 31, Nays 0; May 26, 1991, Senate refuted to 4nd the crowded condition of the concur In House amendment and rtegaested aponbrAM a1 Cdxtterena Committee, imperative public necessity thet the May 26, 1091, Hou" pnulled redtuat of the Sanalo; May 27, 1041, Senate adopted cee severel days in each house be Conference Committee pow by 's vNe-yoa vote; passed ft House, with amerW D merit, on May 24, 1091, by a noMncord vote May 20, Ia1, Howe gromed r"L*m et'0w passed the House on May 2e, of tM Senate for appointment of Confersnee Committee; May 27, 1001, House adopted Conference Committee Report by a nurt^raoord vote, Approved June 16, 1921, EffeoNVe Septembet 1, 1941, 2066 c I {q• KMG~>W!d ?7 : F OFFICE OF THE CITY ATTORNEY MEMORANDUM i TO: Debra A. Drayovitch, City Attorney FROM: Tanya Cooper, Assistant City Attorney SUBJECT: Summarization of Senate Bill No. 355 and House Bill y No. 1431 a { DATE: August 29, 1991 } Pursuant to your request, I have prepared summaries for Senate 8111 No. 355 and House Bill No. 1431 addressing the impact of these bills upon municipalities. They are as follows: 1. Senate Bill No. 355 relates to the disposition of fees im- posed for execution or processing of a warrant or capias and amends Subsection (a)(2), Article 102.011, of the Code of Criminal Procedure. This amendment makes provision for the 14 allocation of the $35 warrant fee which is charged against a defendant upon conviction of a misdemeanor for services per- formed in the case by a peace officer. The amendment specifies j that the law enforcement agency that executed the arrest war- rant or capias may request payment of this feu from the court, provided that request is made not later than the 15th day after the date of the execution of the warrant. In the event such a request is not made, the warrant fee imposed will be for the services of the law enforcement agency that processed the war- rant. From this amendment it appears for example, if a Uni- varsity of North Texas police officer served a City of D©nton warrant that the University could, upon proper notice to the Court, be entitled to receive the $35 warrant fee assessed in that case. F 2. House Bill No, 1431 relates to the jurisdiction of certain E municipal courts over hearings relating to stored motor ve- hicles and amehds Section 2, Article 6701g-3 of the Texas Re- vised Civil Statutes. This amendment creates jurisdiction for s the municipal court in municipalities having a population of 11200,000 to hold a hearing to determine if probable cause ex- isted for the removal of a vehicle and placement of said ve- hicle in a vehicle storage facility. This hearing is to be held upon the request of the owner of the vehicle. Because of the population requirement, this amendment will not affect the jurisdiction of the City of Denton Municipal Court. With re~s ri ".i~,I J~:r.•,. AU6 2 91991 ~ Tanya Cooper TC/lkh J I! I uunF City of Gent~rt 0 n„ . E 7 r CITY of VENTON, 'f6XAd MUNICIPAL BUILDING 215 E I,ICKINNEY UFNlUN, TEant ;y;r7 h ' I t l I? P I o R A N U U t1 Alt: An~ust ll, 1991 I,1: Mc-Imel fez, Clllef of poifce r t s I I1100 : I.-iur.l De Voore, tluniclpnl Court Senior AGSlstnnt :II II~b:CSO 355 Warrant Service Fee Col-LectLou r 1. 11 r :,ra iu+t fnm11lnr with them, pleano review Clio rlttrivhvrl M-1VIL' ' f utl m mid Sonnte Bill 155, it Is my uitrlerstandinx that I';II.a ' ren„lit tInn w111. be voted on nt the August 23, 1991 meetfnt; of r.he North ! t:enlrnl. ]c::11% Cl'lille lilformntiuu Center, If +n ,ire n mcmbor, and Lntand to ntteud this nmetlnK, pLcvlno vonnlder ' vot1og for pngtioge of the resoI ut lon, llbv ImmI y, our lllterevt Irt pns8ogo. 1,1 too U+ tho nm+irltC of extr4t resmicces required to respt+ud to +'ther :istencles requet:tlnU payment of the fees involved. i'assnga of the re$nlntl+sit hi ienljned to raduce the cumber of such requests, ns well ns keep y'nu (rum 3 bnvlnK to make them, Should you nead to spenk with me nbout this, please cnLl ine at 8516 , il+m+k you fur your time 6110 60118 ider3 ti0111 , qtr' a 1.~L.L-l Lo'm I Df., nure Iii lrlpm l Cour /Senior Ass Is tnnt i j i 8111566,8200 b/FW METRO 44.2524 3 IWA 1 Yria lr.1:L J - I , a 1 wlsr,RrAS, the Texas Legislature has approved 88 355, to take r= of ect 0eptember 1, 1991; and, WIMPEAS, a meeting of the North Central Texas Crime information '•r Ce for (NCTCIC) was held on August 23, 1991, to discuss pr visions of the new low and its effect on the NCTCIC! and {I ~ Wfl REAS, the members of the NCTCIC have determined that the adninistration of Section l,(a)(2)(A), $2 355 would require on un easonable amount of inter-agency resources through the Ei. ancial tracking of accounts payable and accounts receivable tr nsactions; and wll REAS, the members of the NCTCIC have determined that member i agl ncies that execute an arrest warrant or copies shall waive re uesting the $35 warrant uervice fee from the agency that pr ca seed the arrest warrant or capias, 3 N04, Therefore, be it resolved by the members of the North Central Texas Crime Information Centers SI Lion 11 That as a condition of membership in the North Celttral Texas Crime Information Center, member agencies agree i td waive requesting the $35 warrant service fee as provided for in 8B 355, Section 1(a)(2) (A) . i rid tion 2. That members of the North Central Texas Crima_ i Information Center that process on arrest warrant or copies may retain the $35 warrant service fee, upon conviction, in I a[ ordance with ON 355, Section 1(x)(2)(8). f M se tion 3. That this resolution take effect September it 1991, an it is accordingly so resolved, i i Chairman Vice Chairman g-e a cry e NO CIC Policy NCTCIC Policy NCTCIC policy E A lsory Board Advisory Board Advisory board bii R25A, l0 I 4 i T y l n uuttcc l1 j ~OJ'r t ~li~ ~.1. +I :fly r~t~r •r ` „ ( nth , , ~S• r . t ~ ' I) ~ ~ fl.rs... ass:4.t.r.s.sua:..:a.ttrs...s:f..s. trt•f, ' 12 Aug 9l MY OF OENiOM 1 of Year 601pte1e41, t ' REVENUE REPORT: FOR THE HONTN Oh,,; ' July, 1991 't! 831 TIP ioseY ;c .i CURR YR 1 INCREASE PRIOR YEAR PRIOR YEAR CURR YEAR CURB YEAR COLLECTIONS (DECREASE) YR•THATE TOTAL YA•TO.OATE 8UDDET I OF BUDOET CY TO PY r..,„HI F' ES 94,827 113,916 19,034 115,000 171 •801 "I COS' SERVICE FEES 21,111 20,672 17,128 28,000 611 •194 n{ IC8 i0 ICE FINES 559,831- 666,469. 310,154 755,004 491 •541 NI POLICI FINES 29,966 37,771 41,069 28,000 1471 311 '4~1 POLICt FINES 14,234 ,16,421 6,569 16,000 ',:,411 544 IS ^zIAlI1C F'4ES 35,105 42,996: 34,861. 49,000 $Ei •ll,f i, El A~ot RANG! 3OND FORFEITURE 121421 13,$02 5,938 11,000 541 521" mac,; (0' RI ADM 4 FEES 47,65 + 57,452 i~ 66,684 { 54,000 ,'1231" ` 401' ! A;,1 =9'cSi Ft i 44,486 54,750 a 45627. 48,900 951 31 i-to t :01 1:11. SIA'ISTICS-81A1H 24,401 29,673 20,051 30,000 671 181 ' 4ekE iilAl SIA ISIICS DEATH 11,064 13,334 1¢,288 ,,I51SOO 661 71 rotAES: 895 OB1 1,074,156, 630 003. 1;169,500 55% 291 r, i , n 7 Y f r 3 , , f t y, i. t I fit IF;,;, "w ~iT~ 3E t ,t „4~, .,1 1 L• ~ 1l 1.,~1.~G Y , 'J 2 • iI b"ST" , tr. ~ i vro , tl, 1~,, IiJ~ l ,fe p lr ~ r~7,3+. I 4 ,.t c 1 ~ 1 r 1 yt1 . ti, (Nl+aid ) r ,i,7 . h' 'ldl,l• a°~1 n' 7./iJ~,~{y~>.,r l'~,. ."v.N.S~i'16f.~Y1:.1 Fi. 1 M. y HOUSE BILL 407 House Bill 40-Lwhich became effective September 1, 1991, amends various laws. The most significant amendment is of Section 12,23 of the Penal code which raises Class C Misdemeanor fines to $500.00. (It does not include traffic offenses under Article 6701d; violations of registration law under Article 6675; driver's license laws violations under Article 6687b or other statues that define: crimes and specific penalties.) I: The following laws were also amended to reflect the increase in class C misdemeanor fines to $500.001 Section 48.01(b), Penal Codes Article 4.07, Code of Criminal Procedure; Article 4,11, Code of Criminal Procedures Section 29.001(b), Government code; Section 30.035(b), Government Codes Section 30.263(b), Government Codes Section 30.653(b), Government Code. 1i This Bill also increases State Costs to be collected by amending: r; ` 1. Article 102.051(a)(b), Code of Criminal Procedure to provide that the court cost for criminal justice planning fund shall be $5.00 where the maximum fine is $500.00 and $10.00 where the maximum fine exceeds $500.00, 2. Article 8309-1, Section 14(b), Vernon's Texas Civil Statutes (Crime Victims Compensation Law) crime victims compensation court cost increased to { reflect increase of maximum Class C misdemeanor fine. Court cost is $15.00 on conviction of city ordinance violation punishable by fine of more than $200.00 or on conviction of misdemeanor punishable by imprisonment or ; by fine of more than $500.00. Court cost is $5.00 on ? conviction of municipal ordinance violation punishable i by fine of not more than $200..00 or on conviction of misdemeanor punishable by fine of not more than $500.00, other than parking or pedestrian violations. As you may recall prior legislation raised, the fines on City f~ ordinance violations from a maximum $200.00 to a maximum of $500.00. The Legislature at that time neglected to raise Penal Code offenses to the $500.00 level. The Legal Department has reviewed this legislation and issued a memorandum which is attached. I would however, point out that 4 this legislation would also cover the following offenses: 1. Aiding Suicide - P. C. 22.08 2. Leaving Child in Vehicle - P. C. 22.10 3. Interference with Railroad Property - P. C. 28.07(b)(2)A and (b)(2)B, (b)(2)C, and (b)(2)D 4. Issuance of Bad Check - P. C. 32.41 a 5. Deceptive Business Practices - P. C. 32.42 (b)(1), (b)(2), (b)(3), (b)(4), (b)(5) and (b)(6) l r^° } V 6. Preventing Execution of Civil Process - P° C. 38.14 z# 7. Official Misconduct - P. C. 39,01 8, Dog Fighting - P. C. 42.11(a)(6) 9. obscene Display - P. C. 43,22 { 10. Gambling - P. C. 47.02 A, c: 11. Smoking Tobacco - P, C. 48.01 Procedural Impact: t This Bill does not create any procedural impact other than it N requires personnel to distinguish between those offenses that can be assessed at the $500.00 maximum as this affects the amount of ' A' State Costs that are to be assessed. An example would be the offense of Possession of Drug Paraphernalia which is typically thought of as a Penal Code offense, It is however, an offense under the Health and Safety Code, and therefore, the $500.00 maximum does not apply, l Fiscal Impact: One can look at the fiscal impact in two ways. Certainly fines i for the offenses can be raised. The current average fine is } $107.50. Raising the fines does not necessarily mean increased revenues, more than likely it will mean more pleas of "not guilty", thus requiring expansion of the Court's trial dockets. It will also mean that Defendants will plead indigency, thus 3 expanding our indigency Hearing Court Dockets, thus increasing the number of cases on pay plans. When the case finally goes` into warrant, it will mean more people in jail' laying outtheir fines, costing the City money to iAcarcerate them, or one could assume that the higher fines will be paid and revenues will increase accordingly. My experience indicates that the first ? scenario is the more likely. t # i 1 ~~.1. Y C4~iT+i ~~'iTYi.1vY..i7 F ot) T i; OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Lloyd V. Harrell, city manager ii ` FROM: Tanya Cooper, Assistant City Attorney i SUBJECT: Increased Fine Range for certain offenses DATE: September 6, 1991 j' House Bill No. 407, relating to increasing the fine for certain v misdemeanors became effective September 1, 1991. This legislation qI amended the Texas Penal Code and provides if a defendant is found guilty of a Class C misdemeanor, punishment shall be by a fine not ? ? to exceed $500. Previously, the maximum fine permissible for any Violation of a Class C misdemeanor was $200. offenses under the jurisdiction of the City of Denton Municipal Court which may now be subject to this increased fine include the followings 1. Assault ' 3 2. Disorderly Conduct g 3. Public Intoxication 4. Theft (property value under $20) 5. Reckless Damages or Destruction t' 6. Criminal Mischief (property damage under $20) 7. Failure to Ide;:tify 8. Failure to Appear j This new legislation will not have any effect upon fine amounts I presently established for Code of ordinance violations, traffic violations, or Alcoholic Beverage Code violations. Additionally, it is my opinion that no amendment will be necessary to the present code of ordinances in order to begin assessment or collection of fines for class c misdemeanors at this increased amount. ; Please let me know if you would like any further information re- garding this new-le4islation or if you have any questions. i C anya Cooper E TC: j s "thMun►ck~ APPROVEDi SEP - 91991 Debra A. D V yQvitch i y~l y pca SandrA4U4 i h-W# Municipal Judgr ,3bm Zdbisyi Municipal Court Administrator ewpdocifitainens "Dedlealed ao Otaltly Servln" C ~ f3 z tR QWSSION 72nd LEGISLATURE-REGULAR SESSION Ch. 108, § 5 SECTION 3. This Act takes effect September 1, 1991, SECTION The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative publk necessity that tha constitutional rule requiring bills to be read on three several days in each houae be suspended, and this rule is hereby suspended. Passed the Senate on March 28, 1981: Yeas 29, Noy$ 0; passed the House on May 7 1991, by a non-record vote. ACproved May 14, 1991. Effective September 1, 1991. of Jeff~ lar Session, CHAPTER Will I District of H.B. No. 407 which shall be qualified AN ACT ting to 'sf Jr ULUdon, m aunkpol courts, the r" 101 certain RlladanleenOfl and to the jWIealCapn of Op1rylY, f<afte, and 3 d authority districts by Be it enacted by the Legislature ojtht State of ruaa• except as SECTION 1. Sections 12,21, 12.22, and 12.23, Penal Code, in amended to read as leers Court follows: At the dlatrkt Sec, 12,21, CLASS A MISDEMEANOR, An individual adjudged misdemeanor shall be punished by guilty of a Claaa A ar Session a ,i (1) a lies not to exceed iJ,Aap (Z,ppppj; rite (2) confinement in jag for a term not to exceed one year, o, tz (3) both such fine and imprisonment s Sec, 12,22. CLASS B MIP': EMEANOR. An individual adjudged guilty of a Class B }y e' misdemeanor shag be puzU4 by. f 1'' rs i>t each (1) a fora not to exeaed ASA0 ($WWk (2) confinement In jag for a term not to exceed 180 days; or { ach ware{ (3) both such fine and Imprisooment ent ojlhe See, 12.23, CLASS C "DE11tWOIR An %dlrAW gn11ty of a CIan C 41 mlcdernwme shag be puAMW by a floe sot to axeeed iSGfO r 1me as SECTION 2. Section 48.01(b), Penal Co,di, is uatntiad to read as follows: I must (b) It is a defense to yraaecutlon under this section that the conm In which the offence tsYae plase doo not have premloenttf displayed as Pts* ~ notice, notice that smoking laprohibked state law in such convoymmo • reasons* eased ! s Code and that an offe"" is punbhabNby a fine not to 0% $5M ~l page a SECTION 3. Article 4,07, Code of Criminal Procedure, it amended to road as follows: on to Art, 4.07. JURISDICTION OF COUNTY COURTS. The county courts shag have ~ original juriedWdon of all misdernasoors of which exclusive oMgbW jurbdictidn is apt t' 1" 99 d Von to the justice court, and when the fine to be Imposed shag exesedRes [auvj hundred 1 the y~°f SECTION 4, ArHale 4.11, Code of Crintlnal Art 4,11, JURISDICTION OR JUSTICE COURTS, dwflae of tJets follows: - e jurisdiction is m*nitW cases where the floe to be im Pie shag Lure -st+aaLua (we) hundred dol1m. Pad by law may not exceed 11,rr l hg SECTION 5. Subsections (a) and (b), Article 102,0511 Code of Crfmina! Proeedum are amended to read as follows: "et (a) Except as provkiled by Sulmetloe punishable by fine only, not to attend Sd~, , a(1111 de t ppay of a oat asarar t ~8o8t1~ ~ A ~ pay am sa a oat of of a>urt K R~ l r I I I'r Ch. 108, $ 5 12saal LEGIBI.ATt7R~RJ;(11JI.AA SF3910M 12nd LEGiSLA (b) A defsodut convicted of r puniahable by a fine euesding j500 (4") shall pay as a cost of court 110, constitutional m SECTION 6.w,Section 26,045(a), Government Code, is amended to read car follows: suspended, and fa) Except as provided by Subeecdon (c), a county court his exclusive original uriadk~ Passed by the don of misdemeanors other than misdemeanors involvibg official misconduct and cases in may 2, t9 which the highest fine that may be imposed is 900 (S=) or less. Approved May SECTION 1, Section 29,003(b), Government Code, is amended to read as follows: Effective Sepu (b) The municipal court has concurrent jurisdiction with the justice court of a precinct ti 2f in which the municipality is located in all criminal cases arising under state law that., (1) arise within the territorial limits of the municipality; and (2) are punishable only by a fine not to exceed $500 ($,M), SECTION 8. Section 30,035(b), Government Code, u amended to read u follows: (b) The court has concurrent Jurisdiction with a justice of the peace in an which the city is located in criminal cases within the justice court jurisdiction that Si (1) arise within the territorial limits of the city; and rearing to era not (2) are punishable only by tine not to exceed $500 [$900). Be it ena Ud SECTION 9. Section 30,263(b), Government Code, is amended to read as follows; SECTION 3. "5 ec. 22,023. (b) The court has eoncurrentJurisdletion with a justice court in an The any precinct is which i, the city Is located in criminal panes within the justice court jurisdiction that: prescribed1by S (l) arise within the territorial limits of the city; and (1) from cu 3) (2) are punishable only with a tine not to exceed $500 ($200). (2) tram bo SECTION 10, Section 30.658(b), Government Code, Is amended to read u follows: (3) by time (b) The court has concurrent jurisdiction with a justice of the I which the city is located Ica criminal cases within the justice ~ jurisdiction that: that: iry for a$ pis: (A) 31,50 i (1) arise within the territorial Ila+I4 of the city, and (d) 110,0 i (2) are punishable only by rice net to exceed 1500 ($70pj (C) 126,0 SECTIONAL Section 14(b), Crime Victims Componaadon Act (Article 8301`,1, Ver. (D) $100 t non's Texas Civil Statutes), Is amended to read as follows: SECTION 2 } (b) A person shall pay $20 w a court cost on oonvkdon of any felony, $16 as a court follows: cost on conviction of a violadoo of a municipal orttloaoee punishable by a flee of more (c) if the con than $200 or on convktioa of it misdemertmr pwdsh" by imprisonment or by a floe of more than $500 ($2200]], and $6 as a court cost on coor"M of a violation of a municipal (AW) p ciflest +i ordinance punishable by a flan of not more thaw $200 or on conviction of a miodemwoor SEcM i punishable by a fins of not more thaw " J$M j other than a convietbe of a follows: ON 3, misdemeanor often" or a violation of a mrrnkl ordinance relating to pedestrians and follows: the parking of motor vehkles. nm court shall o"oss and slake a reasonable effort to {a} If the ec collect the cost doe under this section whether or not say other court cost is assessed or exceeding $160, collected. In this section, a person is considered to have been oonvkted bs a sue it the bidder to fL (U a sentence is Imposed total contrtv,'t p (2) the detendaat recefvee pr*Wbm or deferred adjudieado4 or do bualneu, I / (3) the court defors final dispooltbn of the caac SECTION 4, by Section 262 SECT70M 12. (a► The ehaogm in law made b Sectioue 1, 2, and 11 of this Act ssppyy~~rr Me ON f only to Use pttnlshmeot and court cootie for an of caw cemadtted on or after the offeetiw bide or PrOM&A it date of thin Ae3, For purposes of this secd^ an oNea" Is committed before the the time o tls effective dabs of this Act It any element of the off*%* occurs before this offset!" date, SECTION 5 f (b) An offso" cornasitted before the effective date of this Act is covered by the law In Section published Uti; 262 effect when the often" was eontmitt* Ad the former bow Is contloued In effect for this this Act. untie pub' this Act SECTION I& This Ace takes offset Septembw 1, 1141, F SECTION 6 SECTION 14, The inn ortaaes of this isgisladm and the crowded condition of the calendars In Ix a calendars in both boussa create w eansrgeney and an imperative Public nec osity that the suspotutionai ~ 882 suspended, an, u { j t A . rsp ar'':ti ' G , HOUSE HILL 407 House Bill 401_which became effective September 1, 1991, amends various laws. The most significant amendment is of Section 12.23 of the Penal Code which raises class C Misdemeanor fines to $500.00, (It does not include traffic offenses under Article 6701d; violations of registration law under Article 6675; driver's license laws violations under Article 6687b or other statues that define crimes and . specific penalties.) The following laws were also amended to reflect the increase in ;i Class C misdemeanor fines to $500.00: Section 48.01(b), Penal code; Article 4.07, code of criminal Procedures Article 4,11, '4! Code of Criminal Procedure; Section 29.001(b), Government Codet f'; Section 30.035(b), Government Code; Section 30.263(b), Government Codel Section 30.653(b), Government Cade. ;j This Bill also increases state Costs to be collected by amending: cj 1. Article 102.051(a)(b), Code of Criminal Procedure A. to provide that the court cost for criminal justice j planning fund shall be $5.00 where the maximum fine is $500.00 and $10.00 where the maximum fine exceeds $500.00. 2. Article 8309-1, Section 14(b), Vernon's Texas civil statutes (Crime Victims Compensation Law) Crime victims compensation court cost increased to { reflect increase of maximum class C misdemeanor fine. Court cost is $15.00 on conviction of city ordinance h violation punishable by fine of more than $200.00 or on conviction of misdemeanor punishable by imprisonment or r~ by fine of more than $500.00. Court cost is $5.00 on conviction of municipal ordinance violation punishable by fine of not more than $200.00 or on conviction of misdemeanor punishable by fine of not more than $500.00, other than parking or pedestrian violations. As you may recall prior legislation raised the fines on city r Ordinance violations from a maximum $200.00 to a maximum of $500.00. The Legislature at that time neglected to raise Penal Code offenses to the $500.00 level. The Legal Department has reviewed this legislation and issued a memorandum which is attached. I would however, point out that this legislation would also cover the following offensesi r 1. Aiding suicide - P. C. 22.08 2. Leaving Child in Vehicle - P. C. 22.10 5 3. Interference c;itn Railroad Property - P. C. 28.07(b)(2)A and (b)(2)e, (b)(2)c, and (b)(2)D 4. Issuance of Bad Check - P. C. 32.41 5. Deceptive Business Practices - P. C. 32.42 (b)(1), (b)(2), (b)(3), (b)(4), (b)(5) and (b)(6) 1 z r 1 6. preventing Execution of Civil Process - P. C. 38.14 7, Official Misconduct, 42.1 . 399.O) 8. Dog fighting obscene Display - P. C. 43.22 s 10. Gambling - P. C. 47.02 11. smoking Tobacco - P. C. 48.01 f Procedural Impact: This Bill does not create any procedural impact other than it requires personnel to distinguish between those offenses that can be assessed at the $500.00 maximum as this affects the amount of are to be assessed. An example would b the state Costs that tically offense of Possession of Drug Parapheia~ahoweverisan offense thought of as a Penal Code offense. under the Health and safety Coda, and therefore, the $500.00 maximum does not apply. Fiscal I act: Certainly fines one can look at the fiscal impact in two ways. } for the offenses can be raised. The current average fine is , $107.50. Raising the fines does not necessarily mean increased ` guilty", willofmeanthemoreCourple'satrials of }I trialdockets. guilt it will also mean that Defendants will plead indigency, thus t reasin expanding our Indigeney Hearing Court Dockets, thus incy going s the number of cases on pay plans. When th case into warrant, it will mean more people in jail laying out their fines, costing the city money to incarcerate them, or one could assume that the higher fines will be paid and revenues will increase accordingly. My experience indicates that the first ' scenario is the more likely. t i i s i j S ( ( E tk ov%SION 72nd LEGISLATURE-REGULAR SESSION Ch. 108, 5 SECTION 3. This Act takes effect Sepwmbeaon 1991. a the crowded condition of she SECTION*- The importance of this legia that the calendars in both houses create an emergency and an imperative pubik necessity consatutional rule requiring bills to be rea4 on three several days in each house be suspended, and thin rule is hereby suspended. Passed the Senate on March 29, 1991; Yeas 29, Nays 0: pa'W the House on May 7, 1991, by a nun-record vote, Approved May 14, 1991, EffectNs September 1, 1991. of Jefferson t CHAPTER tO der Session, H.B. No. 407 I District of AN ACT which shall be quslitied ruMaekr4 elstlntl to i Ior cena+ mtsden>w+a+ and to the Oisdklon of oour F+ 'r me hrw or taxation, murocow courts, u d authority ge it enacted by the Lepislatwre of the Slate of Texas: { districts by SECTION 1, Sections 12,21, 12.22 and 12.23, Penal Code, at amended to red as except rt 'Its of . C(us A pF mars Court follows the district Sec, 12.2E CLASS A MISDEMEANOR. An individual adjudged qtu, . 'i misdemeanor shall be punished by. ar Session, (1) s floe not to exceed 11A,174B (t3A01 (2) conflaemeltt in fall for a term not to exceed one year, or »u !wo (3) both such fine and imprisonment of a Ciw 8 Sec. 12.22. CLASS B MiSDEb(EANOR An (adivWW adludged guilty es ttre misdemeanor shall be punished by: (1) a fine not to exceed $1,544 cprawx i' rs in each (2) confinement is jell for a term not to exceed 180 days; or (3) both such fins sad Impriwmmeat. Lnl of a Clue C ' ach ward Sec. 12,23. CLASS C KISDEkEANOR. An hldtrida►l ad)adsed ent of the misdemeanor shall be punished by ► Asa a.~t to exaad i54v (l~ ) rme as SECTION 2. Section 48.01(4 Penal GA is ameadtd to read u follows: In which the ot detena to rwecutba undtr this action that the veya'eabP+rb aisad t a must (b) It Is a talus lase dos sot have promlwo0y displayed kinq prohibited state law in such coertysaa or P~~ p~ ; notice that smoking is yy notice, and that as offense is punishable by ► rise not to axcad lid [ice i n C SECTION 3. Ardcle 4.07, Coda of Crtmiaal Proeodtue, is amtaded tq read a follows: iE rab wJtieir Art4.07. ,TURISDICTION OF COUNTY COURTS. TM county covets shall hers uw uA am ye origlaal jurisdiction of all misdtmeaoori of which excwtvo MOW ju~ W VA -4„d_.r14 given to the iu►tica court, anti what the fine to be imposed ,a eL-tJte dollltat. Ardclti,fl,Co&of Criminal Prooedun la uomW to twd u foUolm' i j ~w+at►~f 5ECCION 4. ; the Art. 4,11, JURISDICTION OF JUSTICE COURTS, Juadw w Hypo shall exoetd have ve 1 1 jurisdiction in cr(mirwi caw where the flan to bit imp W by (we) hundred dollars. SECTION 6, Sub6691:10 a (a) sad (b), Articis 102061, Code of Criminal Prow UM are i 46001.64 i kek by amended to read as follows, (a) Exospt so proridsd by Snllwadon d a detttadtSStt et>~via4rd of a trYdrasemee j punishable by fU» only, *A to sxneed iS09 ($10107 shal pay as a eut of ow at 1i. I4 681 r 4 i i ` Ch. logo $ 5 7?ad LEGISI.ATUR&-UGULAR SEMION 72nd LEGI9LA h (b) A defendant convicted of r punishable by a two exceeding 1,W ($2001 constitutional r \\~W shall pay as a cost of court $t, suspended, and SECTION B,.-Section 26.045(a),. Government Code, is amended to read as follows: passed by tht (a) Except as provided by Subsection (c), a county court has exclusive original jurisdk. May 2, is tion of misdemeanors other than misdemeanors involving official rniscocduct and cases in Approved Ma, i which the highest fine that may be imposed is $500 (SM) or less. gppro Approve Sep, SECTION Section 29.003(u), Government Code, is amended to read as follows: (b) The muoiripal court has ccacutrent jurisdiction with the justice court of a precinct in which the mun(cipality is located in all criminal cases arising under state law that, (1) arise within the territorial limits of the municipality; and (2) are punishable only by a flue not to exceed 15019 ($200). SECTION 8, Section 30.036(b), Government Code, is amended to read as follows: (b) The court has concurrent jurisdiction with a justice of the pests in any precinct in which the city Is located in criminal cues within the justice court jurisdiction that: reunr., to ft no (I) arise within the territorial limits of the Htr; and Be if enaele< (2) are punishable only by Rte not ;n exceed $SOO ($2001. SECTION 1. SECTION 9. Section 30,263(b), Cv vernment Code, is amended to read as follows: See, 252.023. (b) The court ha4 concurrent jurisdiction with a justice court in any precinct in which The (necis-pn the city u located In criminal cases within the justice court jurisdiction that: prescribef by : ' 's (1) arise within the territorial limits of the city; and (1) from (n (2) are punishable only with a fine not to exceed 1300 j$2001 (2) from bo SECTION 10. Section 30.863(b►, Government Code, is amended to read as follows: (3) by time r (b) The court has concurrent jurisdiction with a Justice of the peace is any precinct In ity for all pu which the city Is located in criminal rice aithia the Justice court jurisdiction that (A) $7,60 (1) arise within the territorial limits of the city; and IH) $10 (2) ace punishable only by fine not to exceed $500 (000). (C) 11261( SECTION 11. Section 14(b), Crime Victims Compensation Act (Article 8309-1, Ver. (D) $10( non's Texas Civil Statutes), is amended to mad u follows: SECTION 2 (b) A person shall pay $20 as a court coat on conviction of Lay felony, $15 as it court follows: coot on conviction of a violation of a municipal ordinance punishable by a :fine of more (c) if the cot than $200 or on conviction of a misdemeanor punishable by imprisonment or by a fine of of roads atr more than $500 ($2001 and $5 as a court cat on conviction of a violation of a munlelpaJ (14111 spocifiai ordinance punishable by a floe of not tom than $200 or on conviction of a misdemeanor SECTION 3 punishable by a fine of not mores Uwa $JW [$204], other than a conviction of a follows: misdemeanor offense or a violation of a municipal ordlaana relstimg to pedestrians and the parking of motor vehicles. '1% court shall assess and make a reasonabht effort to (a} If the r collect the cost due under thin melon whether or not any other court cat is asseased or exceeding 110( collected, in this seedon, a pmob is considered to have bees eonvicted in a ass if: the bidder t E (1) a sentence is Imposed; total contracct do business in (2) the defendant "elves probation or deferred adjudkstion; or SECTION 4. (3) the court defers final disposition of the am by Section 262 H SECTION IL (s) The changes In law mu:qo by Sections 1, 2, said 11 of this Act .pq~ peopouis we only to the punishment and court eoeta for an otferoe committed an or after the off= bids or props date of this Act For purposes of this section, an offewo Is committed before the the time of tic effective date of this Act if any oisraeat of the offeniss occurs before the effective date. SECTION f (b) An offsnat committed before the effective date of this Act Is covered by the law in Section 282.03 5 effect when the offenw was committed, and the former law Is continued in effect for this p~ shed and Act. pub' SECTION SECTION 18. Vila Act tok a sffeet September 1, 190E calendars is b SECTION 14. The importance of thin tegYlad" and the crowded ocadidon of the constitutional calendars in both houses create an tampacy and an Imperative public nseeasity that the suspended, at ( S low OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Lloyd V. Harrell, City Manager r FROM: Tanya Cooper, Assistant City Attorney ; `s+ SUBJECTS Increased Fine Range for certain offenses DATE: September 6, 1991 ~r House Bill No. 407, relating to increasing the fine for certain misdemeanors became effective September 1, 1992. This legislation „j amended the Texas Penal Code and provides if a defendant is found 14 guilty of a Class C misdemeanor, punishment shall be by a fine not 14 to exceed $500. Previously, the maximum fine permissible for any violation of a Class C misdemeanor was $200. Offenses under the y jurisdiction of the City of Denton Municipal Court which may now be subject to this increased fine include the following: 1. Assault 2. Disorderly conduct , 3. Public Intoxication 4. Theft (property value under $20) t" 5. Reckless Damages or Destruction n. Criminal Mischief (property damage under $20) } 7. Failure to Identify e. Failure to Appear This now legislation will not have any effect upon fine amounts presently established for Code of Ordinance violations, traffic } violations, or Alcoholic Beverage Code violations. Additionally, # it is my opinion that no amendment will be necessary to the present Code of Ordinances in order to begin assessment or collection of fines for Class C misdemeanors at this Increased amount. Please let me know if you would like any further information re- garding this new-Tecfislaticn or if you have any questions. i Tanya Cooper I TC: js APPROVED i SEp - 91991 I Debra A. D~vavitch Pat Wodrdn , "k'404 Municipal Judge yom %ION*y, Municipal Court Administrator ; eWdoa~llrniror~ "dMlnrltdfo Qaa!!1y Servln' ? HOUSE BILL 944 House Bill 941_amends certain provisions of the Family Code directly affecting jurisdiction of juveniles. In 1987, Municipal Courts were given jurisdiction over juveniles engaging in violations of all class C fine only misdemeanors, in 1989, the Legislature returned jurisdiction to the Juvenile Courts, This year the Legislature has returned original jurisdiction to Municipal Courts except for the offense of Public intoxication. The Bill also requires that in certain circumstances the Municipal court shall waive its jurisdiction over these offenses and transfer the case to the Juvenile Court, and it also t+ highlights when the Court may waive its jurisdiction. H. B. 944 also requires that the Court notify the Juvenile Court of the pending complaint and furnish a copy of the final disposition of the matter. i. Procedural Impact: H. B. 944 will be difficult to implement, as it requires closed hearings and sealed juvenile records. There are many provisions ( of the Family Code that will have to be studied and complied with to ensure proper handling of juveniles. Our traffic juveniles are handled in evening Court by the Assistant Judge. Due to the increased number of cases (Penal Code and City Ordinance), it is extremely likely that a docket will have to be created to provide the closed hearings. r The Juvenile Court has already submitted some forms which will have to be maintained to comply with the notice and disposition requirement of H. B. 944. The paperwork in this regard will have an adverse affect on an already burdened staff. The juvenile records must be handled manually due to the sealing requirement, which will also have an adverse impact. I might also add that the Juvenile court has requested that dispositions be submitted within five (5) days after disposition. This requirement makes this work time sensitive. Juvenile cases require summons to be served on parents and this process will be costly and add to ti increased paperwork. Usually parents are difficult and numerous rescheduling of the cases occurs because of parent work schedules. Fiscal Impacts Juveniles cannot be assessed fines in excess of $100.00, therefore even thought the offense maybe of a Penal. code provision, the fine maximum is not $500,00. Because juveniles are financially dependent on parents, fine payments collected are typically extremely low. Placing a juvenile on probation usually is not the solution as again this requires parental assistance. For the amount of work and expense involved in processing juvenile cases, the return is very minimal. n I L-LAR SESSION Ch. 189, E ;;nd LEGISLATURE-REGULAR SESSION tivlementation of tai The provisions of Section 46.02 of this code do not apply to a person: .(1 a plan (1) in the actual discharge of his official duties as a member of the armed tomes or t 1, in the state military farces as defined by Section 491.001, Government Code, (aafianal c'e Deserve, g4a+d) or as a guard employed by a penal institution; (2) orl-his own premises or premises under his control unless he Is an employee or bmil a proposed agent of the owner of the premises and his primary responsibility is to act in the capacity of a security guard to protect persona or property, In which event he must comply with Subdivision of this subsection; receives a plan, teas on the plan. 131 traveling; +gency may have (4) engaging in lawful hunting, fishing, or other sporting activity if the weapon is a type commonly used in the activity; bmit the plan to Iii) who holds a security officer commission issued by the Tex" Bard of Private investigators and Private Security Agencies, it. ojfecled agency (A) he is engaged in the performance of his duties u a security officer or tmveUng 1 y recommend to to and from his place of "algnmenq (B) he is wearing a distinctive uniform; and provide to each (C) the weapon is in plain view; or (6) who is a peace officer, other than a person commissioned by the Tex" State to the implemen• Board of Pharmacy. (c) The prohibition ojcarrying a handgun or club in Section 4601 of this code dos made in imple• not apply to a public security officer employed by the adjutant generat under Soot" J11.020, Government Cods, in perjormaneo ojoMdal duties or while trawling to or ' ent the responsi. fram a place of duty, ncies, other than SECTION 2, This Act takes effect September 1, 1941, !t by eliminated or SECTION 3. The Importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the ~j eport required to constitutional rule requiring bills to be read on three several days In each house be i_ o the governor at suspended, and this rule Is hereby suapendad Passed the Senate on Febmary 20, 1941, by a vK*voce vote; pose id ft House on May .i. 10, 1991, by a non-word vote, c ,on of the Filed without signatute May 24, 1991. ; necessity that the Elleetlve September 1, 1991. n each house be 3 of and he in force - i fi incurred !n House CHAPTER 169 .use, with amend- H,B. No. 94d i AN ACT u relating to the adwdkedw end 4' a INa I of a n3Wd engage In conduct kiidu*V s need for supervision. t Be it enacted by the Legislature of the State of 21a" SECTION 1, Sectbn $1.03, Family Code, u amended by amending Subsection (b) and j adding Subsection (f) to read " follows! (b) Conduct lad"tirag a need for supervision is. ry oNicers employed ~1(tubject k Subsection (n o thin seetiow, conduct, other than a "ft often", a op &W 0*416M 9 as Moos Aw"Waa) violaua. (A) the penal laws of this state of the grade of reisdemsanor that are punkhable by ubsectlon (a) and fine only; or (B) the penal ordinances of any political subdivision of this state; i S 781 1 1 , { - 1 l 72nd LEGISLATI'R~REGI'LaR SESS1O-4 Ch. 169, § lard 1 01' the Lly 1) the unexcused voluntary absence of a child on 10 or more days or parts of days i rt a COPY un,tdtc rind or three or more days or parts of days within a four•weelt iU ori)s -1 sec Within a su•month De arents; SLLTI arson may t perio,: from school without the consent of his p the consent of his parent ia) lunger than I3) the voluntary absence of a child from his home without o or gusurdisn for a substantial length of time or without intent to return; prohibiting driving while intoxicated enen1) Perfury (41 conduc which violates the laws of this state discre usd tins of (first or second offense) or driving while t non totin e or under the nfluence of intoxicating liq other drug to a degree which renders n) .a violation under the influence of any narcotic drug or any t' safely driving a vehicle (first or second offense); or fuse him incapable of Seg state law involving the inhalation of the std te6~uLes), except (5) conduct prohibited by city ordinance or by to sox while or a tinnd fumes or vapors of paint and other protective coatings or glue and other adhesives and {n~;ttsg ht, the volatile chemicals Itemized in Section 484.008, Health and Sa e!y Code [Sr~1►aPtae renders 6.t 3a,axwwa ~hicfi tool violation 1 (n Conduct described under Subsection (bXl) of this section, other than conduct t3) a that tut Section 42 08n Pena! Code, prohibiting public intoxication, does not this state; constitute itte conduct indicating a nerd for supervision unless the child has been referred (4) a misdeM` (S! a tholalior• ' to the juvenile 1. court under Section Code )is a this mended code, to read as foliowst tbh Unless the )u . SECTION 2, Section 51.0$, Family rpSere reacution, aching Pe 1 61.08. ROS eedi Ts a ch dEwho is chfargCRIMINAL COURT. (a the ed th an offense thertthin peju yd Leal a a c traffic fo chin 1, P Sec. c nal offense, ding ~{ne only other than public intoxication, or a (1) perjury an offense, a misdemeanor punishable ~1{tfcal subdivtsfon, unless he has been trsnsfer• discretion to um latior red violation m a ptn at ordrnanct of a p red to criminal ¢otut under Section 64,02 of this code, the court exercising criminal and tour~ together transcripts of of with a testimony copy of relating the accusatory to iRl agislat gisIsthurvioe, Ref exce usatorn shall transfer the case occthe uments,juvenile accusatory pleading and other papers, ae, and shall order that the child be taken to the Place of detention designated by to the ts l or shall release him to the custody of his parent, guardian, or tnainile ut i the jdia nl t courtwhich render cu(b) A , to be brought before the pending court at child that a which g (b) A Court in which there it perishable by Dine only other than a is a! (31 a violatiot violation of a mudnrteanor ofjertre pis l ordinance of a po this 9ate.' off" or public intgskation or a violation of a pt" mistier i subdiviri" other than a traf}4e o&W.' (4) a (1) shall waive its original jurisdWildn and refer a child to juvenile court if the (S) a viplaN child has previously been conWeted of., nishable by fine only other than a traffic SECTION 4. SECTION b. (A) two or more misdemsanoe pu " offense or public intaakation; two or more violations ofa penal ordinance of a political subdivision other the effective dat th an n a traffic ojfe+sR' or occurs on or aft o misdemeanors described in Paragraph conduct subdivision that of vii tl (C) one or more of each of t!u types f An otters, (A) or (B) of this subdivisfon,' and by the law in eti (2) may waive its original jurisdiction and refer a child to juvenile court if the (b) to effect for tha > chit ( punishable by fins SECTION g, t has not previousty been con -Mbl a misdemeanor pis calendars N a. r only ly other than a tra n ) ?ie a o traJJic ~nse or )niblk i»toairation o n violation eja penal eonsidW in ordinanm c/o political siibdhi on other than a traffic ff nors punishable suspended, and se Or p' b than I*v id intortea lon oe+atwo violations of (8) has 94 been eon a offify?nst or by fins 4 tyy (fins on y other a penai ordinanm ea pol4w subdivisi" other than ~ehffd a tsfri+s0 a pled tMOUt t) A court in Which !hest is pending a eomplaint against violation of a mudemtanor ofjensr pis»Wald* by fEne only other than a traf94a EHeotl'ta in offense or public intoxication or a tti~ t l ot onilendi»ancourtm oj 010W a county political SM t; subdivisie+► other than a trade offtint and shall Ji<rn to the juw»ite it which the court is located of the pending 782 p 1 j I i e 'i. f -GULAR SESSION tend LEGISLATURE-REGULAR SESSION Ch. 169, § 6 iys or parts of days tart n ropy of the final disposition of any mater for which the court does not waive within a four-week t9 oillinal jurisdiction under Subsection lb1 of this section. SECTION 3, Sections g.07(a) and Ib), Penal Code, are amended to read as follows: of his parent cal A person may not be prosecuted for or convicted of any offense that he committed ,,,hen yougaer than 15 years of age except: 6 ,g while intoxicated I ill perjury and aggravated perjury when it appears by proof that he had sufficient se) or driving while iiieretion to understand the nature and obligation of an oath; gree which renders 12l a violation of a penal statute cognizable under Chapter 302, Acts of the 56th or '.he inhalation of the Legislature, Regular Session, 1357, as amended (Article 64011-4, Vernon's Texas Civil Statutes), except conduct which violates the laws of this state prohibiting driving while ?leer adhesives and ly Code [2, t;kapwe ,texicated or under the influence of intoxicating liquor (first or subsequent offense) or ~i 4Z+;arttawa }raving while under the influence of any narcotic drug or of any other drug tti , degree which renders him incapable of safely driving a vehicle (first or subsequent offense); 3) a violation of a motor vehicle traffic ordinance o2 an incorporated city or town in her than conduct [ ( ( citation, does not ;i d has been rejerred this state f41 a misdemeanor punishable by fine only other than public intoxication; or fllows: f51 a violation of a penal ordinance o/ a political subdivisiom afendant in a crimi. 1b) Unless the juvenile court waives jurisdiction and certifies the Individual for criminal rjury,("I a traffic prosecution, a person may not be prosecuted for or convicted of any offense committed intoxication, or a before reaching 17 years of age except: has been transfer. 11) perjury and aggravated perjury when it appears by proof that he had sufficient axerclsing criminal , discretion to understand the nature and obligation of an oath; vith a copy of the (2) a violation of a penal statute cognizable under Chapter 302, Acts of the 55th atintony relating to Legialsture, Regular Session, 1967, as amended (Article 67011-4, Vernon 'a Texas Civil 0 rtion designated by Statutes), except conduct which violates the laws of this state prohibiting driving while gent, guardian, or intoxicated or under the influence of intoxicating liquor (first or subsequent offense) or Iced by that court, driving while under the influence of any narcotic drug or of any other drug to a degree t child alleging a which renders him Incapable of safely driving a vehicle (first or subsequent offense); ,er than a traffic (er] ncv apolitical (3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state,' p ce,...: court if the (4) a misdemeanor punishable by fine only other than public intoxication' or er than a trafj4c t51 a violation of a penal ordinance of a political subdivision. h SECTION 4, This Act takes effect September 1, 1991, subdivision other SECTION S. (a) This Act applies only to an offense or conduct that occurs on or section, the offense or torsi ct the effective data of this Act. For the purposes of this I occurs on or after the effective date of this Act it every element of the offense or of v l in Paragraph conduct that violates a penal law of this state or of a penal ordinance of a political subdivision of this state occurs on or altar that date. ile court if the 1b) An offense or conduct that occum before the effective date of this Act is governed by the law In effect at the time the offense or conduct occurred, and jhat law is continued ishable by fine in effect for that purpose. ,i lion of a penal SECTION 6. The importance of this legislation and the crowded condition of the t or calendars in both houses create tat emergency and an imperative public necaeaity that the eanors punishable constitutional rule, requirin` bills to be read on three several days In each house be r two violations of suspended and thin rule is herby suspender). Ic ojfense. Pared by t(te Haute on April 9, 1991, by a rtort•record vote, passed by the Senate on child alleging a May 14, 1991, by a *&-vow vote, j 24, 199E to than a traffic Filed **WK A siq 10" May tee oja political 01 of the county in Etfsetivve Septarrilw 1, 1991, ,ah to the juvenile 783 L 'i , i i t r I i I ~j i 1 SIMON Hemorandw Tor justice of the Peaoe Courts Denton county boas Juvenile Probation f+ Denton County f 1 210 J, woodrov Lars Denton, rX 76101 f, Dater 8/16/1991 < subject# Claw C Referrals t, Pending comglaintat effective septomber lo 19f1, section 51.01 of the lazily code will require a Justice of the Peace court to *notify the juvenile court of the county in which the court is located of the pending complaint sad shall {r furnish to the juvenile court a copy of the final disposition of any matter for which the court does not Maws its original jurisdictionO. The attached } fors includes all the pertinent information that is needed to keep a record of there oasis. Plates complete this form and rail it, and the law enforcement report, to the attention of Keo Metcalf post marled no later than five working days after final disposition# f class c TrAnafsr" When a class c sisdaaanor came is transferred in accordance with section 51.01 of the family Code, forward all information and findings to the District kttoraayis office to the attention of Dan Koss"n, # Motsi Truancy cases filed in Justice of the Peace courts ara class c misdemeanors against the parent only. The issue at hand is to determine whether the person standing in parental relation Intentionally, knowinglyp F, recklessly, or with criminal a"llgedce falls to require the child to attend school as required by Iowa. 1@N The Texas education Code section 4.2% Thwarting Compulsory Attendance Lowy. The Justice of the Peace Courts do not ~ have ;urisdiotion over truancy cases in regard to juveniles at this time, it C? is the responsibility of the school attendance officer to roger truancy asses regarding a juvenile to the Juvenile Probation Department. k Approved by$ Darlaos A. Whitten, Juvenile Judge Dan ycosssen, Assistant Dletrlot Attorney Filed With Munn eel Judge ~;v ~t 9actan w:ur;q nai "dirt i i ~ '1l t. hV ~tlF ;1~i 1 (NORMA/JP) (Class C Reforral Norm) 3i it « JUSTICE OLD THE PEACE COURT Lant Aaarons ^P. O. BOX.- .___Apt, 0.........Phone t; city. SCa...... e_,.-_ZiP__. NioknaAiea/Alina- 1 Raco-,._box.,_.Age_-, Date of Birth.._.--_....Height..__,..Wolght..~. _ k; Hair„_,_,-Eyea__ _ P1GCe of Birth_____.r_8uild s M L circle Orade_,-Statuss In School,Drop Out,Bxp Tyre of Classs Main Stream, Special Education (circle one) i Social Security M I n Lieenoe Em)>loyer_ -.-Phone- FAMILY INNOgMt,TIONi VATURR (Real, Step)_ _ _l►ddress t Cit ~_stat•e__Zip_._._.Ptsone-------._.._._. Y_ ddreaa Phono p Y Date of sirth_ social Securit M, MOTHRR (Real, j Umployer __........Aadraaa _ Phone.-_ Date of 31rth_._._- _...____Soeia2 BeourltYM._..__.__._.. t OTHER ' Date of Birth___... sox, _ DOB....-......__ . SIBLINGS_,_. S I BLT NG S,_....~......... _ _ .w.......Sa x.. _.-.DO 8......---- - SIBLINO$»_.._._.__..~__.._. _..sox_,__,.DOBr__.._..._..._..___.__y,.•.. , s OPPENSE INFORMATIONa w Alleged Date Disposition Date Oisp*vitions ( ) Guilty santenoe ( ) Not Guilty i ( ) Diversion Program ( ) mending ___,,.,Failure to Appear„_,_,-._,___.._.. ( ) Other._•.r~~.-..r...~_rw-r..rrr.r--_-.... . I i 1 t { - ~r z ~ { HOUSE BILL 960 House Bill 96L effective September 1, 1991, adds a new Article to the Code of Criminal Procedure, Article 45.56, which allows the Court to order treatment for chemical dependency if the court finds that the offense resulted from or was related to the Defendant's chemical dependency. This basically allows the Court to place a person on probation and order chemical dependency treatment. our Court has been involved in, to a limited extent, Court ordered chemical dependency treatment, usually when a parent has already male private arrangements and only wished the court to enforce the need for the treatment. We do not have a program specifically geared to this problem. This problem like many of the other bills are further examples of the Legislature's attempt to find methods to deal with class C ' offenders other than fine payments that do not get paid and subsequent incarceration, or even incarceration when the offense is committed in the presence of a peace officer. Procedural Impact: j A program ill have to be established to offer thin alternative. This is another type of deferred adjudication. Deferred Adjudication paperwork is very detailed and time sensitive. Since we have no probation department, the Court Clerks are responsible for overseeing the deferred cases. There are many i Procedural steps and documents which must be filed to preserve jurisdiction over the case once a Defendant is placed on ' probation. If the procedures cannot be adhered to because of time constraints and other workloads, then the case could be iost because of "time". New forms would also have to be compiled to implement this program. } Fiscal ImQact: Again, deferreds offer a benefit over fines, in that the incentive to the Defendant is not being convicted, therefore he/she is normally-willing to pay a higher price for the privilege of deferred adjudication. If the Defendant fails to satisfy the terms and conditions of this probation, Sven after he pays his deferred fees, he then becomes liable for a fine in addition thereto, but this cannot be accomplished if the paperwork is not done in a timely fashion. if the Court does not meet the time constraints, the Defendant "walks". y i ) . i t i3 f' QWAA Ch. 198, § 1 [;I-'l,AR SESSION IYnd LEGISLATURF-REGULAR SESSION J an election in the district to elect directors in ye br{d~ each odd-numbered year on the Cunt SaturdaY in Way f. The directors serve stag9tred four-year terms SECTION 2. The four-year term of office provided by Section 12(f), Chapter 960, Acts of the 69tWLUgislature, Regular Session, 1985, as added by this Act, does not affect the tertns of office of directors of the Coke County Underground Beater Conservation District elected before the effective date of this Act ling Subsections (t) gEGTION 3. (a) Notwithstanding Section 12(e), Chapter 950, Acts of the 69th Ltgisla- lure, Regular Session, 1985, as amended by this Act, the Coke County Underground Duets in Wharton Water Conservation Disttlct shall hold an election in they 1992 a Notwithstanding courts in Wharton Kay 1992 to elect three directors for the terms beginning qty, All citations, Section 12(f) of that chapter as added by this Act, the three directors elected at that 'ouniy by the clerk election shall serve three-year terms. on County without >feither court may (b) The directors elected at the elections to be held in 1993 and thereafter shsil serve j h district courts in four-year terms. rid' general docket, S1.CTION 9. This Act takes effect September 1, 1991, SECTION 5. The importance of this legislation an d the imperative crowded public ncconditio that the the nulls in which the calendcrs in both houses create bills to bye read on three several days in each house be l i district courts in constitutional rule requiring courts in Wharton suspended, and this rule is hereby suspended. Y r than the 30th day pesed by the House on March 7, 1991, by a non-teoord vote, House ralwwd to concur rash column of the ie Senate arttendments to H.S. No. 393 on May B, 1991, and requnted the -e held before him appointment of a cortfe(ena commitlse to consider the ddlsrerteea H batwoon the two te on td as follows, houses; the House adopted the cortfersnee com rtrltrr~ on .S. No. 393 *0 ~1401013, TY), (a) The 329th May 15, 1991, by neeord vote Read by May A, 1991, by a viva-Vo-voa volt, at the regtNet of the House ,~is Moro hours tM a conference commMee to conskfer the diflerencea between No. 393 on May 16, 1991, protnsions applies- Senate adapted the eonfsrsnce tpfnrrattN report on H. 9, h Judicial District by a Vt#*Voa vote. y Approved May 25, 1991. f I ed 'ition of the 6HectNs Septo nber 1, 1991, la isity that the s ch house be 1. ad by the Serials on CHAFFER I98 H.B. No. M AN ACT I spertdent person io rdhid nNd triaan. &W of corwin ca t e tneunea of . ahetnicatH Be it enacted by the 140"re of the state of rower SECTION 1. Chapter 45, Code of Crimlaal Procedure, is amended by adding Article a 45.58 to read as follows: Art. 46,56. DISMISSAL OF MISDEMEANOR CHARON ON COMM~I ~E CHEMICALLY DSPSMONT PERSON. (a) On a plea of tt~ by fi ! , Conservation t7Mda a de endant or on a~fndin9 of guilt in a misde+nattor sate pun day~witROat ; only, a mitia or mstnicip4l court may defer Atrfher proesdiso for re, Regular Session eRt+tp as adjudication of guilt C! ewtltd POP" or we related to the dejendoxt'i 0 to read as follows: (f) Ow cr:arttinds that the o/)'es+e r chernian dope wand led in 40004- ; II M an application for eosrtorder+d t*ratTMest of OW deJirsdant is Ji i anew witA Rpbr 4I>; Health and S ~ Code- ~ , , 1 y , i t I , I 5 {i] IR ' MI.Y li~~l 1 T2nd LEGISLATURE-REGULAR SESSION 12nd LEGISLAn F? Ch. 198, § 1 !b1 At the end of the dejtrra! period the~us~i~e or municipal court steal! disrrti is the charge rf satisfutory nidenee i, presented that the defendant uses committed for and completed court-0rdered treatment fn accordance with Chapttr bbl, Health and Safety Code, rind it shall be clearly noted in the docket That the complaint u dismissed and that there is not n f nal cunviction relating to designation rcl if at the conclusion of the deferral period satisfactory evidence that the d.jen• dent u•as comn~ftted for and completed court•ordered treatmenC in accordance with Be it enacted by Chapter J6'2, Neallh and Safely Code, is not presented, the justice or municipal court SECTION L Th, ,nay impose the fine assessed or Impose a lesser fine. The imposition of a fine to state Highway constitutes a final conviction of the defendant Highway 71, and St (d1 Records relating to a complaint dismissed under this article may be expunged designated the loth 1 under Article 35.ol of this code, lfa complaint u dismissed under this article, there SECC'.ON 2. (a) is not a final conviction and the complaint may not be used aga, at the person for design and constru- any purpose. and State Highway' SECTION 2. This Art takes effect September 1, 1991, and applies to proceedings in a j memorial Highway justice or municipal court that occur on or after that date. A proceeding that occurs in a (b) The markers 1 justice or municipal court before the effective date of this Act is governed by the law in department determ effect when the proceeding occurred, and that law is continued In effect for that purpose. (c) Markers shall SECTION 3. The importance of this legislation and the crowded condition of the the department det calendars in both houses create an emergency and an imperative public necessity that the The departm constitutional rule requiring bills to be read on three several days in each house be (d) maintenance a th, } suspended, and this rule is hereby suspended. let ens e ofthi amf Passed by the House on April 12, 1991, by a non-record vote; the House concurred in to s) rte to tnanci Senate amendments to H.B. No. 960 on May 14, 1991, by a non•reoord vote; passed sist N 3. T by the Senate, with amendments, on May to, 1991; Yeae 31, Nays 0. SECTION N both I• Approved May 26, 1991. c calendars Ina, rule suspended, and thi Effective September 1, 1991, from and after its Passed by the H by Me 199 Sent Approved May H,B, No. 1184 Effective May 2' AN ACT r6lating to an emergency appropriation to the Tea" Agricultural EsperimaM Station W rsgutetay f servlcea relating to the Ahtoani:W We. Be it enacted by the Legislature of the State of Texan SECTION 1. In addition to amounts previously appropriated for the current fiscal biennium, the sum of $197,000 is appropriated, for the period ending August 31, l"11, from the general revenue fund to the Texas Agricultural Experiment Stution for regula- ti+e seh tory services relating to the Africanlxed bee. The unexpended and unobligated balance of rstattkt9 to t,wte cut that appropriation is reappropriated for the fiscal year ending August 31, 1992, to the Ba it rnacled experiment station for the same purpose. SECTION 2. The importance of this legislation and the crowded condition of the SECTION I. calendars in both houses create an emergency and an imperative public necessity that the tion (d) to read a constitutional rule requiring bills to be read on three several days in each house be W A regutm suspended, and this rule is hereby suspended, and that this A+:t take effeot and be in tone other than thos ' from and after Its passage, and it is so enacted. licensed health if tM aoiNt , it Passed by the House on April 15, 1901; Yes 133, Nays 3, 1 present, not voting; passed f f y subject to the provlsl x%of )VIlde III, Seotbn 4118, of the Conowition of"Stan of ftat~ or Tex" paw by the Senn on M8y 14, 1991; Yeas. 31, Nays 7 psssed subject the provisbne of Article III, Section 498, of the Constltuboo of the State of Texas. nui9*V#M pol t Approved May 26, 1991, SECTION 2 ~ Effective may 26, 1901. a2~ ; 'p l t ' 07:,0y tY..'~ I' Ir HOUSE BILL 2183 House Hill 2193 amends certain provisions of the Alcohol Beverage code. specifically H. B. 2183 raises the fine for a second conviction of: 1. Purchase of alcohol by a minor. 2. Consumption of alcohol by a minor. 3. Possession of alcohol by a minor. a to a minimum of $100.00 but not more than $500.00. The fine for first offense remains at the maximum of $200.00 and $100.00 for persons under 17. H. B. 2183 also specifically allows for non assessment of a fine on first time conviction if the Defendant attends an Alcohol Awareness Program. On a 2nd offense, poyment of a fine and attendance in a program is mandatory. The Court may also allow 8-12 hours of community service if the Defendant resides in an area ihere no alcohol program is available. Procedural Impact: r I This Bill will require the court Clerks office to maintain history files on all alcohol beverage violations, so that the proper fine can be assessed. Our Court has had an Alcohol Awareness Program for several years geared specifically to these offenses. The course has become rather obsolete since February of this year since most of these offenders have been jailed. The instructor of the program has R reduced classes from twice a week, every other week, to one class every other month. The jailed Defendants do not seek the class as an alternative when their fine has been laid out by serving time in jail. This has been a real troblem, and I have included a statement from the Course Director. I might add that in ! October 1990 - July 1991, 291 Defendants were incarcerated for these alcohol related offenses. Fiscal Impact: Based on the rate of cases filed for these offenses, and based on the number of repeat offenders, there should be some revenue increase based on the higher fines, although many Defendants will choose to appuAl their cases. The alcohol program will allow for deferred fees to be collected, and the court has already seen that deferred fees can have a substantial impact on revenues. i 1 G Ii Ch, 163, } 7*W L="ST(.ATU1" --ItEt;1IWR SE88ION 72nd 4£GISf.A1UR&-I 143 Apfroved May 24. 1991 HA No. 2183 EHectivve September 1, AN ACT relabrq to the w*tvrrdR for the WOW60 P"6001M a consumption of alcafwgo bverog" by s rtHrgr. Be it enacted by the L4gislaiure of the State of ra= SECTION 1. Section 106,02(c), Alcoholic Beverage Code, is amended to read follows, (e) If a person has been previously convicted of a violation of this section or of Section ,e+Nxvq to IN consww cred 106.04 or 108,175 of this code, a violation is a misdemeanor punishable by a fine of not Iep a1e calei9 tnd tM nPUxn than $100 nor more than 5600. Be it enacted by the Le SECTION 2. Section 106.04(d), Alcoholic beverage Code, is amended to read at SECTION L Article 6.C follows: Civil Statutes), is amended (d) If s person has been previously convicted of a violation of thb section, or of Section to read as follows; IMOS or [SeoWo] 104.06 of this code, a violation is a misdemeanor punishable by a (6) The dollar amount of of not Itaa than $100 nor more than $M. Lima to time under Article differential unt of ti tima pre pr SECTION 3. Section 104.06(d), Alcoholic beverage Code, la amended to read time price a ` follows: L I rate or amount of e ~ Article 1.04 of this Title or (d) Ifs on has been previously convicted of a violation of this aecUon or ojSabbrl published by the Consum r' i 106.02 or fSSroentiw, 104,04 of this code, a violation is a misdemeanor punishable by a Article. The provisions of of not l than $100 nor more than SM to this Article. SECTION 4. Chapter 104, Alcoholic Beverage Code, is amended b adding (e)(a) no Consumer Cr. 100.116 to read as follows; by Sseti" Register, an its J7rst pub competitive rate cnling. F free .100, tiox Of WNDAMCT ALCOHOL AWARENESS COURSE. (a) Orr w period of one year. The ce f minor fan ofow under Section 108.03E 106.0„ or IMos ojtlis it it deemed to be interest, code, the court, instead of aue*2 p a fine w pravfd4d by those sections, may r+s*Ft by the laute ojany state, is ,q the defint&nt to attend an ok~ohol awareness course approved by A* TMW Cornrr4 other state extendingy 4vdl 'r asors on Alcohol and L1rug Abuse or a similar alcohol awarrnas course apprved Al The rate of time prices dijj the court Ijthe defendant is younger than 18 yysars ofoge, the parent orpsardia%4f esese:, the ceiling in Sectic f` the defrndant Wray attend tM course witA W dsjendant 1%r mrt shall r•"hV W ceiling in Section (b)(1) of defexdaxt to prsornt evidence to the oowr4 in the manner prsseribed by tie court, q/ (b) Any person Heidi satiq*iory partieipaliox in and completion of the course during the month of hfl r (b) If tM coneWax under Section IO~R,~j IN04, or JIM0 of this code it ja a annual percentage rots Me sarneottakad hot u aua t o'ff ' 14 coort {prj require the dajtndant to porNapots et pawing 4*1norelh wriod is younger ithan ii 18 paying As fins, a mod under IAN 1711. ajJldavtt shall haw a analc If the deOW N amrso in soction. oars f apse t+w parent or guardfax of sAow'ng eM accurate annw the defendant may attend iM course with tM defendoxt of tie Thar resident, sin (e) !f The dejendoxt rrnida in a rurol or other area in which access go an aleaiti number; and dote of e*r nwarimm courts to not readily aviailabls, the court may, rrequire the drjens'aw is erAibs'! showing !M annrusl P1t* m eight to I! Assert ojeommuidq~asnta instead oJporticipatin# in are skeid an"MW ! under r Seottc awaro"M course annual penrntags ratty rates imposed by d(fer+tnt c tAon E g ~b qu~ ox alcohol awaromm course may be fought in lampapssrodw am towgf of the three high, re) 1M time pries diffo" SECTION 4, TW-Aet takes effort September 1, 1991, romprfation under this Sec i SECTION T* tmpo 4. rtance of this ewtlta4 A minimum time { legislation and the crowded condition of 11110 60 caiandsre in bodt'hows create an emergency and an imperatlve public necessity that 60 Uwe is Sereceived, eii % and to constitutional rule requiring bills to be read on three several days in sack W01 it on each i,utalirne t tx dual! suspended, and this rnls Is hereby suspended far "Md Passed by the House on A001 I% 1901, by t non-rooord +roINK the House ONVOWit de ~wey cit~rnt of lace Senate amendnwnls to H.B. No. 2183 on May 14, 1991, by a nontaand 00 'w►ina~ 1 4it ermine fir passed by ft Senate, with amwxkrdn* on May 4, 1991, by a vlvs>•vooa lass P"ddo Jbr the payment C ; 774 i iIt i , "'111 t 1 . f 3 t WOUOATION and !VALUATION sapiv1OC! 1 Lakewood 6ptw "InntV, Tema@ 76M 6" (31I) sA2-5977 wMfl M. C~OCketl ~ Fx*4vtlw oiroooa Sepc~abti:[ 3, 99 3 i{OnJL 3~J 1? Jud ~e tih lC? 1 Denton ;iunic.ipal Court IS ;LcKttill d,v 3tre'nt 41 ~ Denton, Texas 7 620f 3( Judge idhital Presently Atha Executive Director of Education find Evaluation Services, T. 'Lava worked in the mental health/substance abuse field glace 19'0, Since 1980, T have administrated and taught the State of Tt:xoa certified OWI Education Program to DWI f Ist (first) offenders in Collin County. Since 1994, I have it performed alcohol evaluations by exclusive contract to all DWI offenders considered for probation by the Collin County courts, These evaluations and the subeaquetlt reeommendatloai have baea used by the courts to mandate treatment for those per.soas c.>nsiderad "in need", Both of those Lntarventton programs are designed to reduce DWI recidivism in Texas, Since 19810 ae have also been involved with preventLon programs, my staff and I have provided a modified DWI Education Program to area schools as an addendum to Drivers Education DWI related traffic accidents are the number one killer of persons lk.nder th3 age of twenty-one. In 19880 the Texas s~ Commission on Alcohol and Drug Abuse funded a study to p idantL y the person most likely to be involved in DWI Ist(first) I offense either by accident or arrest, In studying accident raports, arrests, drivLng histories and arrest histories of t pardons involved in DWI lot (first) offense arrests, this report found that the person most likely to be involved in DVI 1st (first) offense arrest to be a 19 (nineteen) year f old white male with a prier ticket for minor in possession of alcohol, The best predictor of a DWI arrest was found to ; be a ticket for MXP, ! OeLn.g involved with both prevention and intervention programs for the offense of DWI, having a program proven to reduce DWI recidivism, and knowing the person most Likely to be involved as a Ist(first) offender, Education and Evaluation I Services begau providing an educational ourvioulum to MIP offenders, This was dons to reduce the percentage of MIP offenders arrested or involved by accident in DWI Ist (first) offense, The oourse is presently Offstad AS an alternative sant*11cing optiult for courts having jurisdiction over HIP cases, The course has been conducted through the Denton Municipal Court since 1988, 4Lnety-eight percent (98%) of participants have viewed the program as personally beneficial and ninety- nine percent (999) stated that they would recommend the pre- gram for other HIP offenders. l I M " some additional farts to con IidarI Only 3" or pr bated DWI first oiftndare who complstxd the r{ DWI Educsti+n ?V03stam 0c-Ldivated within one year. Eleven yUn:It o" ?AYSJ.11 Who received jail time and lisaense sus pa is ion oniy reeidivatad within one year. t kn 1'ilaea 'ass a r.duJt ion in rec ldi,vlsm over four y:aras, betw44!1 y persu•is .•.omptet£n3 the course and those who did not, b{ For the years 1087 ° ;990 combined, 271 nineteen year old3 S, were killed In '3'di accidents in Taxes, more thdsi any othar ' age group, ?erioils 21 years old or younger represent only 107. of l£seenved r ? drives but were drivars in 172 n.'. DWI adt~idents, 1 Vj i There has bee.+l a marked reduction in partictpants in our KIP program in Denton (707.) since arrests and bookings hnvo been instituted with MIP offenders, t understand that monetary concern3 for "Cimr, served" somewhat tins the courts hands { and offers MIP offenders little or no incentive to accept # alternative sefteencing, What in effect has occurred is the i trade-oef of gaining a few hours In jail and losing an inter.. vention program. The gus.l of the program to increase intorlna•• tional knowledge regarding alcohol and its affaet on driving, f recognition of the participant's personal drinking patterns, discussion of alternative behaviors and treatment options kg for those in need is lost, The intluenca of this program on i long term behavior and attitude is also lost, This weekend a UNT student, under age, was hospitalised after being found uncunci,ous. His blood alcohol level of .42% happens to be the exact blood alcohol level of Mark seeberger, ; the U. of Texas student who died of alcohol poisoning in 1989, 'Mould the surviving young man be better served by a few hours ill Jail or an intervention program? i sincerely, i. + Robert Crockett D rector 1, j ~ t . SENATE BILL 460 Senate Bill 490 which was effective July 1, 1991, amends Article 102.014 of the Code of criminal Procedure. This is an interesting Bill !.n that it allows a City with a popu:ation under. 8500000 to assess a fee to offenses involving the stopping, parking or standing of vehicles in any amount up to $5.00. For cities under 8500000, the fee is not mandatory, however if the fee is assesse(A the City must fund school crossing i, sd guard programs if the City op(i,rates a school crossing guard program, If the City does not operate a program, it may expend f the monies for child safety, health, nutrition and/or drug abuse programs. This Bill also --ires that an additional court cost of $20.00 be collected on violations committed in a school crossing zone. It also adds a $20.00 cost on all offenses t involving the passing of a school bus even if not in the school P' zone. The $20.00 fee is also collected in cases penalizing ; parents who fail to send their children to school. Each of these court costs are to be retained by the City and implemented as discussed above. r Procedural Imp Bdti The major concern with S. B. 460 is the extent to which the costs up to $5.00, if added to parking tickets, will be collected. The Court is currently in the process of revising the parking' citation. The Court has determined that in order to effectively deal with these unanswered citations perhaps a fine increase was necessary. A copy of the proposed ticket and new fines are ? attached. If the l possible that the ticket fines emayoneadd a ed to f be reassessed. it is Also with parking tickets, there is some question. as to whether the City ordinance would have to be amended to change the appearance time from tan (10) days to twenty (20) days, and also implement the now Again this law creates a hardship in the Clerks office of having to be much more responsive to the actual violation charged in order to assess proper costs, a riscal Impacts Depending on the number of tickets issued and collected in each of the categories mentioned, the city could incur some increase in revenues, however this revenue must be used for specific purposes. j i r y,... # r } 5 N j G CAPITOL C15 ikFQREoINC. k SERVICE, INC. Enrolled SENATE 11LL 160 OS/24/9) By Tejada } AN ACT 1 relating to the uss of school crossinq guards in municipalities and } 2 counties. 3 HE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS& / SECTION I. Title 1161 Revised Statutes, is amended by adding 5 Article 670)d-26 to read as follower 6 Art. 6701d-26. SCHOOL CROSSING GUARDS 7 Sec, I. DEFINITION, rn this article, "schools argovin a guard" has the meaning assigned by Section 2OK, Uniform Act r 4 pegulat_ing_Traffic on NI waya (Article 6701d. Vernon'a Texas Civil 10 Statutes) 11 See. 2, PROVISIUN OF SCHOOL CROSSING GUARDS. (a) peglnning 12 with the 1941.1991 school year, the governing body of each 13 munlcl a ity wltfl,,~ ,gopulakian 4reetel t~ian 0501000 according to le the most recent i',f leral Oocannial cer-4i shail provide for the usl 15 of school crossing uards to facilitate the safe crossima of . thK s 16 streets In the atul c1pa11tY by ahildret* going to or laayinti trop) a C 17 public, parochial, sr_Private 0140101itarY or sscondarY sehoc IS (b) A municipal governing body may contract with one or sdrJr, i 19 school dlrtxlaes tc' provide school ararl„rJn,g; 4uardr under. this ' 20 article. _~U doer a contracb a school district may rovid s nool 21 crossing guard servicer_to Items of the munigipailty that ere not 22 part of th# school district, i 23 Sec. 3, CHILD SAFE'T'Y FUND IN CCRTAxN MUNICIPALITIES. _(af 1 T i ll a 4- . I S.8, No, 460 } 1 child safety fund shall be areated in the treasur of each f? 2 municipality with a copulation greater Lhan 850,000 according to 3 the most recent federal decennial census Money in the fund shall tiS i ' / consist of court costs collected under Artfcla 102.011 Code of r 5 Criminal Procedure, and optional motor vehicle rac'istrstion fell t 6 rem4tted to the municloallty by the county under Section 9bt A: 7 chapter sei Genrrsl LAwr, Act* of the 41st Laaislatura, 2nd Called a Session, 1929 rtia a 6675a-9b Vernon's Texas Civil ltatuteel, 1 9 (b) Monoy„ln the child -safety fund eraated under t~-is pF i to section in the tressurv of municipality with a population area er r it than 050,000 aocordina to the most recent federal decennial census +wpr, ,11 12 ~surt be used for Purposes of providing school crosstna aunt 13 services as provided by this article After the annual expenses of 't the sahool erQSainr guard program aefundrd from the child safrty tf fund, the remining money An the _fund ma be used b t it municipality for progr#ms deplaned to enhance child safety, health, or_n!ltrition, including ahlld abusr.lntrr~vantion and preyention and 1a drug and alcohol abuse orgioamtion, 19 eL-A municipality gnt acting with sas~roI districts u,tidee '`20 the provisions of Subsectla b a section 2 of this article 4 su y i 21 drdugt.fro* the ahild safrty„ fund the adai~rlatratly• covet of 22 contracting for sahool crooting guard services and distributing the 23 funds to the sahool dlstriptr. The-administrative ccata may not P24 exceed 10 percent of the funds available fur achool,~rossing guard 25 services. ' j i I , 2 4 t 1 ~t fl lt~ is f / i t; S-3- No. 460 I Sec. 4, AUDIT,. Money collected under this artf.cle is 2 subject to audit by the comptroller,. Money expended under this 3 article is subject to audit in the same manger as other furids 4 expended a county or a municipality. 9 5 Sec. 5. EQUIPMENT. Each municipalitY with a population 6 greater than 650,000 according to the most recent federal decpMAW 7 census shall equip schoof~crossina guards that each employs or has e under its jufisdiction with all negessary sauipwrit. 9 Sec, 6. NUMpa'R Or SCHOOL CROSSING GUARDS. The oovernirlq to body of a municipality with s population greater than 6505 11 according to the most recent federal decennial oansus shall t2 determine the number of school crossing guards to be provided under' 13 this article. In making tha4 determination, the municipality shall 14 consider the recommendations of schools and traffic safety exports. l5 Sec, 7. GOVERNMENTAL FUNCTION. The eep1o_"q_t, training 16 pglipping, and location of school crossing guards by a political 17 p_u `!virion is a governmental fu ion. 16 SECTION 2, Subchapter A, Chapter 102, Coda, of Criminal 19 Procedure, ls,amendsd by adding Artiolc 102.014 to read as follousi 20 Art/ 102.014. COURT COST$ MR CMIja Wt" rQVD 1N 21 !mICIyALITirS. (a) The aCyerning body of a aunicipallty with a 22 potwlativn greater than 650.000 see rding to the mogp regent 23 federal decennial censga that ha6 adopted an ordlnanar, rraulatianL 24 or order regulating the_stominve standinat or paginv ofvehl4l 25 S allowed by Subr~ ion 1a1,~ ) p Section 27, Uniform Act Reoulat.W F 1 J 4 ) a k k 1a9~ I I S i ,i S,(3, No, 460 I Traffic on Highways (Article 6701d, Vernon Texas Civil Statutes), 2 or Article 670ld-24, Revised Statutes_ sh, .i by order assess a r 3 court cost on each parking violation not lsrsa than $2 and not to 4 exceed $5. The court costs under this suhsection shall be 5 collected in the same manner that other tines In the case are 6 collected, t~ 7 (bi The governing body of a munlcloaiity with apu14tion ti 8 leas than 950,000 according to the most recent federal decennial r - 9 census that has adopted an ordinance, regulation, or order YO regulating the stooping, standings or parking nt vehicles as I Allowed by Subsection We Section 27, Unim ACt Regulatlnq 2 Traffic on Highways (Artiole 6701d, Vernon's Texaa Civil Statures ) or Article 670ld-24, Revised Statutes, may by order &$$SOS a court i`,i cost on each parking violation not to e*ceed The addltionaL court cost under t is subsection shall be :ollected In the same ? manner that other lines in the case are collected. (C) A person convicted of an often ygndsr the Uniform Act ; Re ul l,ng rrrttia on Highways (Art4ate 670} _ Vernon's Texas Civil Statutes), when the oftepae occurs within a school crossing tune as detirned by Section 20te of that Acte shall pty as court costa XI n addition to other taxable court costae h r7rson convicted of ,_an offense under Section 104, _Unifuts Act, egulating Traffic on I Highways (Article 67,16 Vernon.'r S" C _vll Statutes), shall nay as court costs !20 in addition to other -taxa1e court costs, A -erson-coviated of In offense under Saeeioo 4,25, Education Code, I ,f 4 k~ i s{ ii 4i 5,8. No. 460 } I shall pay as taxs le court costs 320 In addition to other taxable 2 court costs. The a-lditional court coots under this subsection l I shall be collected in the same manner that other fines and taxable t?i 4 court crests In the rase a:e collected. 5 (d) In this article, a person _in considered to have been r. b convicted in_&_case ifs i 7 (11 a. ientence to imposedo 1 12) tha defendant. receives probation or deterred 9 adludicationi or 10 (31 the court deters final disposition of the case. ll U InA municipality with a population greater than 150,000 12 accnrding to~{;lie most recent federal decennial census, the officer 13 collecting the costs in a municipal court case shall deposit money 14 collected or this article !n the munieig~l ahlld osfetx, fund i~ 15 astablinhed as required by Article 670ld-26,.gsvised Statutes. 0 16 {t1 zn a iruniolpality with a ggoulltion ass thin 850,00 money 17 according to the roost recent Federal decennial nrnrur., the is collected under t a article !n a municipal Court care must be used s 19 !or a school art ssing guard proarast if'the munlolpalitY o crate 24 one. If the munic >ality does not operate a school Ororrlna_ guard 21 Lrroaram or if t o money received from -court costs frost municipal 22 Scutt asree eKCSF a the amount necessary to fund the sahooi 23 crossing quark,._e ogramo the munlai 1 a el ♦r de____ osp 1 ! 24 additional money ii sn interest-bearing &Ccc ator emend 1t.~Eor 25 programs designed to enhance child safety,- health, or nutrition, i 5 r F 1 S.B. No, 460 ! 4 including child abuse prevention and intervention and drug and alcohol abuse Prevention, (g) Money collected under this article In a Justice, count , or district court shall be used to fund school crossing uq and programs In the county where they are collected, if the county does not operate a school grossing guard program, the county mays (1) remit fee revenues to school dIatrlcts in its Jurisdiction fgr the purpose of providing echsol crossing guard e storv ices _L 21 fund programs the county is authorized by law to rrovide which are designed to enhance child safety, health, or nutrition, including child abuse prove tion and__Intervention and i drug-and alcohol abuse Preveationt (3) provide funding to the sheriff's department for ttj school-related activitiest a (4) provide funding to the county juvenile probation. ; ddepartmentt or , (5deposit the mom in the mineral fund of the county., Ih) Och collocting officer shalt keep s, ;parste records of money collected under tjIj Article. SWTION 2. Chapter I$* Cameral Uwe, Acts of the 418t Legislature, 2nd Called Session, 1979 (Article 66759-1 et seq., vtrnon's Texas Civil Statutes), is amended by adding section 9b to road as followso i 6 T-- IV. , } t, . t 3. s; I [J I I i 1 II kf h i S.B. No. 460 i4 I 4 1 Sec. 4b. OPTIONAL REGISTRATION FEE FOR cHILU SAFETY. I 151 2 a The commissioners court of a aoua_jtn a ulaticn ranter recent federal decennial I than I.ie million acaordn to the Most a may b order lmooso, in addition to he too imDoud by this a ceneus mat y } t g Act !or re lsterI a vehicle in t `sy an extra fee In an s s, 6 amount set b the commissioners court not lose than 50 cents and ;I 7 rnot to xceed l.so. tl Ib h Cgmm1s81oners court Of a county with a oo ulat on ; recent led oral i 9 lass than to million accordln to t o 01OS 1 to decennial cons or ma b order lm se in a dition to the_ EeZ 1 it im sod b this Act !or re istori a vehicle in thi.~ staff i extra tee in an amount not to excosd 1.50, i l2 13 lcount dm sin a fee under this section ma edMt. an 1 . recely a we Lo ' 11 am unt not to exceed 10 eecent Of the r vonuss 1 ad finis r■ lye cow s. Th count ma lurthe„deduc 15 the go for 1 ' 16 lromthe ! revenues an amount pro rt qnl to thr°e~~ 1 , idents who liv in the unino r r tod oo~tiQ-? of u 17 count re! t a population arsrter than s.1lic!1~ 1 ltl coUntY~ CeunC that has w~.r.~t1 i 19 according to the mo k went federal Aecen ia1 On us Ins' than t 20 bef r so tember 31 1 91 i eos n a ditiona to rab ic ! s„n eat of this tact on say deduct an,,~d itS-ll 21 under SUBS s 1 42 amount. not t0 R1tCeed 1S 4eraMt Of tha revenuer it _rceiv s Loh a i to al moo t t 23 the foe before Janua l 1 92 lrgel~ ub 24 county reimbu s t e State Oe ten ne o 1 Mwa and p tai d -asst-_in nable oat n trod rtition ! r TWO 25 Trans i 1 i { 7 T g it s i A 1 # S.B. No. 460 fi I assisting the county in assessing and collecting the additional 2 raalstration fee and with which the county may defray actual. } 3 computer and mailing costs Incurred by the county In assessing and 4 collecting the additional registration lee. 5 (d) --After the deduction of administrative costs and the 6 portion of fee revenue to which th! county is entitled under 31 I; 7 Subsection (c) of this station, the county shall remit the a remainder of the foe to thr municipalities in the couatY according o to their population, A municipality with a population greater than 4 10 650,000 accordina to the most recent federal decennial census shall it deposit money received iron the fee in he child salaty fund s 12 created in Articl! 6701d-26, Revised Statut_ s, A municipality with v 13 a population less than 650,000 according to the most recent federal r decennial census shall use the Ise re enue In accordance with t i a, Substation f Article M.014, Code of Cr lm nal Procedure, i R' L• L After administrative costs are _ deducted, the county shall use the Avenue from fees under this section for any purpvsl j I6 permitted under 9ubseation_tat, Artiole 102 014, Code of Criminal 19 Procedure, 20 1f) county *a impose a f!• uniZr,thie section to taka 21 effect beginning the first day of anv month, This subsection ~ 22 expires DecopMe 31, IP91, 23 (a) lsposition of the fee may be removed, but the removal 24 may only become effective on the-first, day of__Apy nth, This . 25 cubs do expires D! ! 31 1991 t rP;~ I r S.B. No, 666 y i (h1T The county tax collector of a county lmporinq a fee 2 under this section stall collect the extr# Cee for a vehicle 3 simultsneourly wlth_,he aolleatlon oL' other tear imposed under this. Y 1 Act for the vahiclt A vehicle that may be registered under this s g Act without payment ~f a registration fee may be registered In the 6 count without paYfi•1t of ne extr4 t~e_ 7 SECTION Ef'.ective January IF 1902, Section 9b, Chapter g 910 0aneral Laws, Acts of the List Legislature, 2nd Called Session, 9 1929 (Article 6675a•)b, Vernon's Texas Civil Statutes), as added by 37 10 Section 3 of this Act, is amended by adding Subsection (i) to read 1 ll as follow83 12 t A count Ma IM ose a fee under this seotlon to take 1 13 effect be inning January 1 of a Year The county hall, adopt: the l ; 14 ender and notify the de artment an or before September 10 of the 1 ; Imcoritlnn 1y Ar precedlnc the year in which the tee tekes effect, l . 16 of the fee may be r~nlov_rd but the removal me onl become effe tlve j l? be innin Janu ' a nountY may remyve the !ee I-qL oyl lB 1 sescindinA the order impoaina the t~iriad 19 l2) noFltying the department on or b~lora 6eo r~1 ? 20 Of the yeas eCedlna th♦ Year In which the removal takes effect r SECTION S. sal The change in lav made by this Act applies 21 22 only to an offense lommitted on or Afton, the effective date of this 23 Act. For purposes of this section, an offense is committed before 24 the effective date if this Act if any element of the offense Occurs 25 before that date, i 9 l ~efa S.Y..?i14 • idZf' d]s,~ • f SIB, No. 460 i (b) An often$* cosssitted before the effective date of this 2 Act is covered by the law in effect when the affenss was committed, 3 acid the former law is continued in effect for this purpose. 4 SBCTIOl1 6. laioept as provided by Subsection lb1 of this ' S section, this sot takes effect at the earliest date that it ray 6 take effect under Article t1to section 39, of the TOKas 7 Constitution. + e (b) Sections 1 and 2 of this Act take effect July to 1991. i y 9EC110N 7. The importance of this legislation and the M1 to crowded condition of the calendars in both houses create An ' public necessity that the i 11 emergency and an imperative p i bills to be read on three several 12 constitutional rule requiring l{ 13 days in each house be suspended, And this rule is hereby susprndeds S 11 and that this Act take efleat and be In farce aocordinq to its is terms, and it is to enacted. r . f 1 I i ~I 1 yh 2ulx:,; ( r~ 1 i31!:-~:9i Il~ City of ^enton Ticket No. i Park:nq " :aeon No Docxe! NO, s You are to appear lathe Municipal Court, 215 E. McKinney Street, Denton, Texas, on or before twenty (20) days from cne date of offense between 8100 a.m, and 5300 p.m. This is not a plea of guilt. d ?3xi'f 1 READ INSTRUCTIONS ON BACK. 5 Offense I_ Month_ J Dav Year I Weukdey i,_ Nour p. m. it is Vehicle Year State _ Plate Number Re-gi sitation - Vehicle I_ Color J maxe r we Qther Info. l; Descrlotion Violation Block ^ I Street Intersecting Street Location Meter No 0n11cA Veh, No I Officer 1 No CQW*nt<s T } } Fine if Paid Fine if Paid Violation 2 2 VIOLi1 CM In 20 Dave After 20 Dave Cade { { { Parked within 10 feat of Alley $ 10.00 $ 20.00 F Parked within 15 fart of Fire Hydrant S 10.00 $ 20.00 Parked within 20 feat of Crosswalk $ 10.00 $ 20190 Parked within 30 fast of Traffic Device $ 10.00 $ 20.00 Parked within 50 fk* of railroad Crossing $ 10.00 $ 20,00 i Parked more than 10 inches Curb/Roadway $ 10100 $ 20.00 1o.00 $ 20.00 i { Parked within /,iterreoCion $ Parked in Loading Zone $ 10100 3 20.00 Parked in Fire Lana $ 3$,00 $ 50.00. Parked in Handicapped Zone $ 50.00 $ 15.00 I Parked over Posted Time Limit $ 10100 $ 20,00 ij Parked Fxpirad Meter $ 15100 $ 25.09 Parked sarong Side of Strmii, $ 10.00 $ 20.00 Parked in No Parkbig Zone $ 15.00 $ 25,00 Parked on EasoMant $ 10.00 $ 20,00 Parked on Sidewalk $ 10,00 $ 20.90 Parked Blocking palyseAiVENT*Y AX0I $ 10.00 $ 20.00 { Fail to Display Parking Decal $ 10.00 $ 20'00 E (THU) (UNT) C0 4 MIry0991CIAR~ j Other - Dascribed in Comment :5 a -r jog $ 10.00 $ 20.00 rf -RMZi Vehicle tM AM=_ f. t . 3 i 3 jl9 OFFICER'S E ~ Meter Checked Yea No When _ BY Whom Signs Posted Yes No Signs Visible Yes No List Obstructions Curb Painted Yes No Paint Visible Yea No Crosswalk Painted ~-Yes No Measurements Taken Yea No When Describe _ Tima First Observed Vehicle l An Notes Left on Vehicle b Y by Operator Yee No Was Note Kept as Evidence Yes No Weather Conditioner Clear Cloudy Reining Obst { M I t a l t i I j 1. I ~y POO "v l~ Back portion of last copy for Defendant - Hard, white copy 297tID4'FICMB - RED cN p!ycr dX 1. APPEARANCE AND FAILURE ;t) APPEA.4. You must contact the Municipal Court either IN Person, BY MRK, or BY ATTOENEY on or before the expiration of twenty (2:)) calendar days from the receipt of the citation. IF 'IOU FAIL ."0 APPEAR ON OR BEFORE THIS CATE, y. ANY FINE WHICH MAY BE IMPOSED WILL BE INCREASED AND YCU ARE SII?IECT TO AN ADDITIONAL y CHARGE CF' FAILURE TO APPEAR AND ARREST. 2. TELEPHONE CALLS. A telephone call does not constitute an appearance. If information is needed regarding this citation, call (817) 566-8330, 3, You have the right to plead Not (3uilty, Oullty, or No Contest to this citation, 1 How to plead Guilty or No Contest. IN PERSONt You may appear at the Municipal Court, 215 E. McKinney Street, Denton, Texas between 8tOO a.m. and 5100 p.m,, Monday-Friday to pay your fine. FInes may be paid with CASH, MONEY ORDER, VISA or MASTERCARD, BY MAILt Check the appropriate plea as q).vsn in the form, IA below, sign, and mail with your MONEY ORDER to Denton Municipal Court, P. 0. Bolt 14260 f Denton, Texas 76202.1426. Fine ammmt may be obtaihei by callinq the Municipal III Court at (817) 566-8330, or by paying the amount stst@d on ~:he citation, DG NM WM ' CAM. Partial payments are ggi accepted, NOTEi If payment is made by mail, said payment wt be rgoelyed on or before your scheduled appearance date or additional costs will be added. Now to plod Not Guilty and rwpo*t a trial. If you wish to plead Not Guilty, you ; appear in per.-mon or by mail at the Municipal Court on or before your scheduled 9 appearance date. To schedule a trial by mail, uas form 2A below, sign, and mail to 1 Municipal Court. A trial data will be scheduled at that time. TRIALS CANNOT BE SCHEDULED BY TELEPHONE. [A. I wish to enter a plea of$ j 4UILTY (CULPABLE) NO CONTc4T (NO Dl°rUTARLA) wales my right to a trial by jury and enclose fine payment. (y plerdo el detscho a un juicio y mends la multa.) 2A. I wish to plead NOT GUILTY and request a trial (NO CULPABLE ALEOACION) { I MAIL TOi Municipal Court Signature P. 0. Box 1426 Denton, Texas 76202-1426 Addreu City State I:ip NOYICr 1. ;r YOU WILL BE EXPECTED TO PAY YOUR FINE IF YOU PLEAD GUILTY OR NO CONTEST OR ARE FOU'MD GUILTY ON THE DAY OF YOUR COURT APPEARANCE. i YOU MUST MAKE AM APPEARANCE ON 6A BEFORE TW&ITY (20) CALENDAR DAYS FROM RECEIPT OF THE CITATION, ADDITIONAL CHARGES WILL BE ASStS9ED FOIL LATE APPEARANCE, k„ SENATE BILL 883 Senate Bill 893 which amends Article 14.06 of the Texas Code of Criminal Procedure was effective September 1, 1991, and now specifically allows that when a peace officer is charging a person with co nnitting an offense that is a Class C Misdemeanor, other _than an offense under Section 42.08 of the Penal Code, the officer qaj issue a citation to the rson r directin g him leer to ~ app$ar before a Magistrate at a certain t and place. A Section 42.08 offense under the Penal Code is Public Intoxication. Section 42.08 providers methods, other than incarceration, for dealing with Public Intoxication offenders. Considering the present trend in the law to curtail incarceration of class C offenders, since these offenses do not provide for jail time as a penalty, this is another example of the Legislature's attempt to provide an alternate means of dealing with non-warrant arrests for violations of the penal code t V committed in the presfence of a peace officer. As a background j matter I might add that several years ago the Police Department " consulted with our Legal Department about the feasibility of issuing tickets to persons charged with these types of offenses rather than inearcerat..on. As I recall, they wished to implement F "field release", as it is more commonly known, due to the significant amount of time it took to process an offense into the jail. The Legal Department gave its' approval and procedures were established through the Court to allow for field release. As can be seen from the statistical data accompanying this report, it is obvious that field releases have dwindled in the past two (2) years, especially in 1990-91. As will be detailed further, field release is a procedure that should be utilized to j the fullest extent possible to forego lost revenues and reduce paperwork for all departments concerned. Procedural Impact! As stated above, implementation of S. B. 883 could reduce significant paperwork for all departments. The amount of time required by each department to process defendants incarcerated on these Penal Code offenses would be reduced, in order to better understand the significant savings, a flow chart of the work ~ s required by each department is included, as well as a flow chart detailing the paperwork required if field release is utilized, I would point out further that the requirements of 0r on, rear , and Curr as it relaters to probable cause affidavits as not yet been expanded to non-warrant arrests, however, as I understand those cases, the procedures recently implemented in warrant oases f will have to be implemented on non-warrant cases, as well, in the limited sense of probable cause affidavits, i.c. procedures currently utilized by the Police Department on non-warrant arrests for Class A and B misdemeanors and felonies will have to be applied to Class C non-warrant arrests, Using the ticket method will greatly decrease the number of cases that the Police Department will have to process in this fashion. F , 1 I, 4 1Fiscal Impact: As can be seen from the reports, included herein, the average dollars collected on Penal Code offenses wherein a ticket was utilized, usually exceeds the average dollars collected on those cases wherein the defendant is jailed. One of the major reasons for this scenario is, of course, jail credit, which must be given to any defendant who is incarcerated. Jail credit is $50,00 per day for each day or anV part of a day, Thore is also some Y controversy as to whether or not a defendant who is incarcerated on more than one (1) charge, as to whether or not he in entitled to $50.00 jail credit on each offense pea' day. The ourreut practice is to allow only $50.00 per day regardless of the number of offenses charged, Allowing $50,00 per day, per each offense, ij would further reduce dollars collected on these cases. L might t' also add that in jail cases even though a defendant may post bail immediately after book-in, when he appears in Court he will still be entitled to jail credit. Attached hereto are comparisons of dollars collected on non-jail cases versus jail cases for the period October 1990 - July 1991 and October 1989 July 1990 for some of the more common Penal code offenses. ; AVG. FI - JAIL AVG I E - NON-, Al L OFFffiIS 10 0; 91 10 9- 90 0 90-7 10 89-' , 4 Assault 01255 $14.00 $18.00 $42.00 $ 55.00 DOC 01256 $11.00 $28.00 $59.00 $ 81.00 DOC 01277 -0- $11,25 $56.00 $ 69.00 DOC 01278 $ 6.00 $14.00 $54.00 $ 57.00 DOC 01279 $ 3.00 $16.00 $64400 $ 74`000 DOC 01280 $ 1.60 $ 8.00 $14,00 Alcohol 01253 -0- W/A $88.00 $ 79.00 MIP 01252 $29.00 $ 9.00 $66100 E1105.00 Theft 01259 $ 4.00 $ 7.00 $84.00 $ 93.00 ID 01284 -0- -0- $49.00 $ 24.00 is Drug 01258 $ 8.00 $14.00 $56.00 $ 36.00 + P.T. 01254 $13.00 $11,00 $59400 $ 65.00 Ott In reviewing this data, one must look at the number of cases for each year in both the jail and non-jail oategoriou to understand the numbers. in 1990-91, the number of tickets issued for the offense was greater than those issued in 1989•-90, which is why it d tha average fine paid in 1989-90 usually exceeds that paid in 1990-91 and the opposite is true of jail oasesa Non-Jail Non-Jail Jail Jail 1990-91 1~~89 ,90 1 9Q;91 98 x-90 1,290 1.071 913 905 , p No, Cases Dollars $67,212 $64,153 $15,964 $14,;360 Average Fine $63 $70. $18 $11 i a i { 1. 1 Another important aspect is that from October 1990 through July 1991, a total of $113,430 was lost to jail credit (only some of the offenses },leave been highlighted above), and this was during a period in which no warrants were issued a,s compared to October 1989 through July 1990 in which $227,335 was lost to jail credit, and this included jail credit on warrant and nori-warrant arrests. Also in October 1990 through July 1991, there were approximately a; 68 cases dismissed at the jail due to defective manual complaints; this averages to approximately an additional $7,310 t~ lost on jail asses, Another important aspect is that on jail cases it is extremely difficult for the Court to offer Deferred Adjudication, unless the defendant posts bail and appears in Court. ! F i - F , i j 1 ( t >,f ,r i FLOW_ CHART FOR JAIL CASES POLICE DEPARTWIT: 1, officer observes offense 2, officer makes arrest 3, officer transports Defendant to jail (Sometimes in this process damage to officers and vehicles occur) 4. officer book-in of Defendant a, Fill out arrest report b. Fingerprint f' c, Photograph d, Medical history sheet e, Search Defendant and Defendant's vehicle, if any, and make written inventory of property f. Draft charging instrument (complaint) or await Complainant to sign sworn complaint (manual complaints) g. Run criminal history h. Allow Defendant phone call i. Place Defendant in cell or drunk tank 5. If Defendant is able to post: bond, fill out either Cash Bail Bond or surety Bail Bond, one per each offense j. a. If release on bail bond, do paperwork to release Defendant. ; 6. if Defendant does not post bail, awaits Judge for arraignment. Jailer must fee, allow phone calls, showers, ; do regular jail checks and, in some instances, Defendants transported to and from hospital. Clerk) 7. CWhen lerk's office forrvarious~dispositions. transferred COURT CLERK OFN'ICEs 1. if Defendant is released on bail bond, then complaint, bail bond any arrest report submitted to Clerks office for processing. 2. Clerk sets up file folder, sett.tng case on appropriate bond docket, reviews bond for correct date, if not, Clerk must writo Defendant letter advising of new date, by certified mail. 3. Clerk enters bail bond information into computer and Court date, verifies complaint and accuracy. If there is a problem with the complaint, case given to prosecutor to either dismiss or dismiss and refile. .prosecutor, does dismissal motion, Judge does other of dismissal, clerk then enters disposition, If case to be refiled, then Clerk drafts manual complaint, officer comes in to sign and case set for bond docket, 4. Clerk runs MCT history for Judge's review for each case set on bond docket. 5. Clark prepares finance documents far any bond refund after Defendant appears in court. If Defendant posted a Cash i Bail, any fine assessed can be deducted from the bail bond, I t k Y. Clerk must fill out that portion of the bail bond for Defendant's signature' Lets afedant nnextension efrom Surety tCle Bond, dto 1 either P&ys in Court or g 6, ifYDelater, fendant pleads "not guilty", the case is then or Non-Jury Trial Docket. warrant f transferred over to jury at Bond Docket, 7. If Defendant fails to appear Requires Bailiff Certificate of d procedures are implemente. earance. affidavit of non-app "no show", and then a Clerk's Judge's signature after affidavit is Warrant is prepared for ? reviewed for probable cause. j 8. All data must be entered into MCT computer system. JUDGES 24 hours one of the Judgs must make an appearance at e the j Every the ail and review the paperwork and determine if probable cause exists for detention of Defendant. form for each of r 2, Judge must fill out Magistrate Warning Defendant and adDefendantnsawrittenilea,per T.c.C.P. 15.17. 3, Judge must take ' 40 Judge must fail out manual Judge's Docket for each case and as jail cover Sheet il Judgment Form for each cause, as we and bottom portion of Arrest Ry", Judge must set bail (then 3 5, If Defendant pleads not guilty takes bail bond Procedure ibailBeJudgevreviews caseeforirelease Defendant cannot cannat post on PR Bond or trial held within five (5) days - PR Bond filled out). "quilt, fine assessed, if Defendant; b, If Defendantudge dholdsiiHYHearing, fills cut financial cannot pay, J lan if Defendant is found to forma. Judge releases on pay p r be indigent, 7, For those that posted bail before arraignments, Judge sees in Court at Bond Docket. g, Judge assesses jailicee£oY, PDOeesging,ia released, case is sent to Clark's Of g, if Defendant is ncheitiotalnbalancee in atwenty y release extension to pay 10. Any case dismissed at jail, Judge notes reasons why case was defective. (Pzoseeutar may refile.) I 7 .,rat":: . { { FLAW CHART NON-JAIL CASES POLICE DEPARTNZNT: 1. Officer observes offense. <i 2. Officer detains Defendant and issues citation. 3. Citation data entered into computer system, i' 4. Officer signs computer generated complaint, 5, complaint and ticket transferred to Clerk's Office. COURT CLERK'S OFFICE: 1. Court Clerk reviews computer generated complaint, 2. Complaints with problems given to Prosecutor, who may dismiss or dismiss and refile. if refiled, new ticket used to enter data into system, and a new computer complaint is generated, then see step 5 of Police. 3. Defendant either sends in plea and payment within twenty (20) days or plea of "not guilty", Defendant may also appear at window in twenty (20) days with payment or get an extension to pay, or set for trial. Clerk responds to Defendant by mail if Defendant entered plea by mail and needs time to pay or trial setting. 4. If Defendant does not make an appearance within twenty (20) days, case is processed for possible warrant. Clark ` affidavit and officer affidavit is presented to Judge for PC finding. If PC exists, Judge signs warrant. JUDGH t 1. Each file is given to the Judge to fill out the Judgment. or grant any Motions made, such as for Deferred. 2. If Deferred is granted, Judge fills out pap6rwork and gives case to clerks for mailing to Defendant. 3. All oases returned to Clerks for entry of disposition made r by Judge, i.e. fine assessed, dismissal, DDC, Deferred, etc. j i i i i i i t t C}E 92, 4 72nd LEGISLATURS.RZGULAA SESSION 712nd ISLAP o f trustees may by rule imposeu,tee:~t on all contributions if the total is not paid within N 2, the three-year period, committed on or TexU Statewide Volunteer Fire Fighters offense is commr SEMON S, Sabcle 60.n (a), Section 20, iti amended to read as occurs before the Retirem ment nt Act (Article 6 43e.3, Ve,non's Texas Civil Statutes), Ib) An offense follows: effect when the o (a) There is a state board of trustees composed of six activt members of the fund, purpose. SECTION 6. Subsection (a), Section 21, Texas Statewide Volunteer Fire Fighters SECTION 3. Retiremem Act (Article 6243e.3, Vernon '3 Texas Civil Statutes), is amended to read as SECTION 4. follows; (a) The board shall employ the csttifled public accountant, the actuary, and the calendars in both investment advisors for the fund and may acquire computer ar owtodial serviess/or constitutional nt, . the fund The coat of accounting, actuarial, inaeatmsn4 cornpulsr, or ewtodiaf suspend the and Se te- sertiew may be paid rom income earned by investment of the And, passed suspended, ed th by a SECTION 7. The state board of trustees of the retirement system created by the Approved May Texas Statewide Volunteer Fire Fighters Retirement Act (Article 6243e,3, Vernon's Texas Civil Statutes) shall grant a cost-of•living Increase to annuitant/ of that system whose Effective Septe + benefits derive from retirements or terminations of service with vented accounts that v occurred before January 1, 1984, The Increase shall result In the affected annuities being computed as 4.6 multiplied by the governing body's monthly contribution. The state board shall matte the inerew effeeti.e as of September 1, 1991. i SECTION S. TAIs Art takes affect September 1, 1991, SECTION 9. The Importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an hperatlve public necessity that the constitutional rule requiriiiiii Win to be read on three several Uys in each house br relet:rp to axed as suspended, and this rule Is hereby suspended. Passed dw Semi* on ApN 11, 1901, by a *wvoos voter, parsed it* Hw" on Apttl 30, 8s it enacted 1001, by a wersootd vote. SECTION 1, Approved May 12, 1941. Texas Civil Star li Effeetlve 9eptertttsesr 1, 1991, Art. I. `a AT10N[-J= t Banking Commi c to CHAMR 84 furs a~ nP d ur+ lams S, a. No. 8S8 (b) the assip + v~ value, and do; i+ Ave Ace- atctp kewed~bl~ .h rstatine to taleN+p a Oereon rMa Mimi llb on otferw trs4ao a matiMraw s_ ) Be it toasted 6V the Lepiok"te of Me Stall of Tezas,' t SECTION 1, Article 14,06, Cody of Criratnal Procedure, is amended to read as follows: { Art. 14.06. MUST TAKE OFFb' DER BEFORE MAGISTRATE. (a) Faespt as p►n' if, tided by Subwtion AA in [Sol each a" enumor ated in this Code, the person making the ~tJ`a1iF arrest shall take the person arnetod or have Wm taken without unnetvamwy delay before the magiateste who any here ordered the snot, before some m*&trata of the county ANA AN . yi w here a arrest wn made without as order, or, tl aeowaary to provide roan expeditious- 1-h6 664 ly to the person treated the wersiop described by Artioie 16.17 of this Code, before a magistrate to a county bordering the county in wbieh the arrsat was made. The ~ magistrate shall lattae&tely perform the duties deseribed in Artinla 16,17 of :hie Code, (b) A plael ol4w :oho is eAarpinp a witA eommWinp an 000" that i♦ a J W II en Ctaa C mied*meanor, other than an o na under Section 41+09 Penal Code: may, C~Wdew hutaw o/ eacfnp tA/ boN a rna&tratA WW a eitation to OW pa'rtass tAad SECTION Z conluint a. ' :sir no pptlrr~eaoo ~MsW limo and plata+ the person mutt a r bdi a caleadar► In M mapiatrato, t&- "me as address of as oharp*d, artd at o ens ocrm 00 d j it (i I ;Gt1.AR SESSION :pd LEGISLATURE-REGULAR SESSION Ch. 85, § 2 11 iu not paid within ,ECrI0N 2, (a) The change in law made by this Act applies only to an offense T;ffeiise ,mmitted on or after the effective date of this Act. For purposes of this section, an tr re Fighters is committed before the effective dais of this Act U any element of the offense r . to read as ccurs before the effective date, i ,b) An gfense committed before the effoctive date of this Act is covered by the law in Wheys of the fund, ffect when the offense was committed, and the former law is continued in effect for this :eev Fire Fighters :urpuse. mended to read as ~ECTIO?J 3. This Act takes effect September 1, 1991, ;ECTIOIN 1. The importance of this legislation and the crowded condition of the actuary, and tha :iiendars in both houses create an emergency and an imperative public necessity that the fodial senhees,onsttttitfona1 rule requiring bills to be read on three several days in each rouse he der, or ,'vWodinl suspended, and this rule is hereby suspended. d. passed the Senate on Apnl 2, 1991, by a vlve-vocs vote; passed the House on May 2, :m created by the 1991, by a nom-record vote. d , vernonIa Texas Approved May 12, 1991. hat ted acstem whose nts that @Nective September 1, 199E :cd annuities being bution. The state CHAPTER 88 I condition of the necessity that the S.B. No, 1136 in each house be AN AL"}' nlatlnq to rued assets of a $ure tar+k House on April 30, of it rnaeted by 14 Legislature of the State of reraa, ,ECT10N 1. Article 1, Chapter V, The Texas Banking Code (Article 342-601, Vtmon's Texss Civil Statutes), Is amended to read as follows; Art. 1, FIXED ASSLr'7S =Mm tl~ }-DEPRECI- ATION(-7&XQ`ATl`0)], (a) No state bank shell, without prior written conaent of the Banking Commissioner invest an amount In excess of sixty per cant (3096) of Its equity (Aklu PAnsesy] capita ~sewwstej in )[red aeeeta, including land impwowns0(A Arni. lur e and Mures, and other depreciable aaaiei and capital 1#4m (e 40mlwJ I tµudie/ WA AA Ulmol .-.j IP-1-- (b) the wtfgnment of original book value, any tuoeequext 4,ueime11110 to 6004 aius, and depreciation at all drod aaeft tkolr be in aceordanre with gena+titlly meepted accounting prif"plee (tL-etat*tratsM is the PC PW IN It ( -41141-ow" III I III W this 1110 mapills tied as A11Iowe: 5rcepM at pro, on making the s-psureMsee6 4) y delay before 44" "6-V,.1A4A of the county ,ire expeditious- } s Code, before a vas made, The or INS blownp h 17 of this Code, Is &he 11i - 16 11WIPWIN 91 U-1 !lease that u a ft- ,nal Code, may, the Pena" that eetideei- :ppear before a SECTION 2, The Importaaa of this lerialnadd and the arowded eonldtioa of the )ljenao charged, alenden in both hotua orwte as emer=en and an imperative pubis t►eeea ity thm the r I i { ~~}14RJRN~ ■ t r 1 c:ITY OF DENTON ,MUN1C1P4L CQUkT (a' NCTF1Vi)-r t°t Jc' PAY.Mc,NT STATISTICS DEPORT DATE J3/2b/ii F ltye PAYMENTS THR'JUGH JAIL CR_D IT 6CTJJEA It ',qa9 THRCUGH JULY 31o 1993 AND OCTOU=P. le 164) THRJUGH JULY 31s 1991 f' 15/')1/9,) THOU 1)/01/,39 THRU (A1(:) ` t 57/31/91 (A) 07/31/90 (9) INC /D C e FINES PAID AS JAIL CkdD1T 6 11.;04:905) S 227*?35s25 -5Le11% t r i re 1 S t f r I 1 s.,CITY OF )LNTJN MUNICIPAL CJURT 'ACT51NAJ-H Flhc PAYM_NT STATISTICS PEPOR" JATr: vBIL,>/oil M J=F-RR=O JtSPGiITIJN b ASSESSM=NTS PAID UCTiJUt-.k to 0;4 THRJUIiH JJLY 31 ;951 S~~CIAL A:SMFNToFEcS PAID IN JEF°cR 20 CASE`+ i leis 255050 3 f ,j y ~ 1 j t i 1 I - -roe . I V f[j CITY JF JtNTJN MUNICIPAL CJUFT 4CTFINAO-1 rIN;. PAYMENT STATISTICS REPORT 9AT?1 :'312'61>1 FINES PAID ON OaFERPEOI PROD RcV:'KZD 1 OCT23ER 11 1140 THROUGH JULY 311 1941 I GINE'S PAID JVE:k 4P4,CiAL Fcds IN uEFkFtkcC Cg525 s 10 5G7050 i'. . I } y F 1 i I i f i f i I. ff15v 1 r r r ` .~ITLT C1TY OF UENTON MUNZC IVAL CI)IINI ~ yI ANALYSIS AlPORT OF CAytS Fkl.IM 1J/90 7NRU 07/9 t T. MUN ThI TUT AL FOR OCFEhgE CODE NUMIIEq 01265 CA NON f6 UOCKE T 5 NO, OF CASCS AMUVNT CCLLECTEU I i TOTALS FOR JAN. 91 4 6 400.00 TOTALS FUR FES. 91 4 i TOTALS FOR NAR. 91 .00 It > 267.50 f TOTALS FOR APk. 91 r IO 540.00 > t TOTALS FOR MAY 91 0 i 407.50 TOTALS FOR JUME 91 q fi f > IGO.Od TOTALS FOR JULY 91 10 , .I t 215.00 fI TOTALS FOR CCT. 90 2 > 327.50 TOTALS FOR Nl7V• 90 7 > 290.00 TOTALS FOR DEC. 90 65.00 1 TOTAL FOR CCI)E 01255 bb f 2.772.:iU , I 4r ~ 1 ' t rl ~ i ~r ]i3 {{I fa6.TAwH.tRa.?A..a i+r-, e..• . +_•1 ar .err... e.:a r.e~.:.. a_,aa r....v :.r+.I"4 Ph?lfkl rQ;JiC"adg4 nW;1".rl.rv~µJ.-.'sNr.t~e.: M!.v,.~.nep~i..i~•v. u: r... e.v»w.., v,s.;.Ye .w:.... n.w ....aarn ~v.aw w..wru.rn.ar r , i i f + , I 1 C t'1'Y OF 1.LNlg1J VIIAN lcl1'flt. ..UIiHI l AIYI'll'i'31'(i hi..i4 li'r OF CHoiat3 PRUN lp/wb T7/F(U b"7!4:1 FU11 YIN!U. I?a BYtJ'S1fIITUIJ GI bT MONTH '1'tl ffAL Y('.IFI UFFI.IJ}G /CPI:'Y. IJIIMII II Iq /(E NO. UP CAW& [l NP fl1AW I' GOIa 1 L'N T(IIAL^a F'GF4 JAN. Yl u '(IYI'AI.a i'UR Fi'N. 91 F.L b BO. by TOIJk.fi F'UR APA. VA U • lU U.Ob TUTAL.B PUR I'IAY vl x .011 TO TAL6 POA JUNl= YL 9 V. 1.0.00 TOTAL .9 PGA JULY 91 i i YO. 00 lro TAL! (t" OCl'. VO JI L 1E.U.bO ' TG'Yld.s NUN NUV. 90 E S .00 TUl'HLH FUN DUC. 90 A Ii .Ob. i TOTAI. FUN rQQU 012$6 r ~I i f I r f ' " s,f: f.f a>I`1Ftf ~.s:783~1aNi{J111i'rlir4+Nfxv!xe.M.rra rt.edww)a~a.rv 6ir Ga).w.u5sa~aFivv'.s:..x.-Ahi:!sa?>)n~.aerrA i.. @.(iN.7tldl4i,"1t14k9'4)~7i(Ikx..a..v..,. r... - - a,... .».s-_..~..-~,....-~n rrve,.ii!i.c).v-a!le.rad~'«I IaF`'E.!(` <~'xAUfJ y.~~r~•• 1 j 1. w•:a GFOI j I j , CITY OF DENIUN MUNICIPAL COUNT ANfI-ibis RtPURT UP CA5LS FNU14 10/89 TNRU 07/Y0 FLR N+ 89 OCCALT5 IRON TII TOTAL FOR OFFCNSC CODE NUMOF.R 01255 NC. OF C ASES ANUUNI CCI.LECTEO TOTALS FOR-JAN, 90 7 i 505.50 0 f .00 k. TBf AL3 FOR fL'B• 90 TOTALO FOR NAA. 90 1 4 267.50 TOTALS FUR APR6 90 tl i 460.50 I. TIITALS FOR MAY 90 312.50 F i TOTALS FOR JUNE 90 B 4 531 000 ' TOTAL5 FOR JULY 90 4 f .00 TOTALS FOR CCT. 89 5 $ 527.50 TOTAL'S FOR NOV* 09 8 f 190600 TOTALS FOR OEC. 89 4 i 165.00 4 ~1 {I1I TOTAL FOR CCOE 01255 87 t 3~1B9.b0 1 3 i .1; p ..;...«....,.,«,...,~.~..~..Ii-:a*~.s.~t~la,•;Nq, w4alsA~idi.-~a8~t4}leG'~.Ia}zl~'a1./w,.~br <ssa rlflil?~koASar.,:uir+, .s.u<u. - , I 1. . --T _ Poo 'W', f ; i I 1'rY OP' bEN I I1N 1.111 h 11.: l Fial I-AXIR1 P114HL4,S13 PLPOll'T OF •_PMEIl k;KUM iOl OY 'IIIRU O'//YO fTWI 1'FNxll_ p2b4G1f lOIJ UP fil MU14M TO'FAI. FOA OFFUNfilt. cLll!I: IVUPILMI, OS'.,a., NO. UP "Af rd-u Hl11101-I'T -;OL 1,4•:11 k[t. TOTALS FOR .IAN. 90 7 • 1. IOU!. F>O TOTALS PWl F98. 90 10 f 94.00 TOTALS FUR NAR. 90 :c f .Ux) TorALS FOR APR. YO 1.7 Y 39]..G+O TO'TAt.S FUR MAY 90 G .00 TOTALS FOR 4UtW 90 d 1b E-0.011 Ir. TU'TALS FOR •".Y 90 - 7 A 8:u6.00 TU'YAi.C P'OR 0,7T. SY S S f e0.00 ' TOTALS FOR NOV. 09 S k.O. Off r1~ TOTALS FOR CAL[. 09 1F t .OO TOTAL vaR auDa Ohms •Y If 1 . alO.0o :S a I YJ' su..4..r .ra.,..... ~vna.ilMa/'.Ve.a<,N~7dYik.slirN A4f.S.lkrM1li.tikY.4hih''1~~14+1'r`.fNY..I;iR?14tr G..IA,W.`tN7.1kiKI3m7k:+.YM+A'Ga.dd Ywit`1V'.stYk~,.Wi^sXA-~tau»'+nwN:/ wa.w..•«w~.......e.w ,-.i..-..r 'fillf~t~V'd15•+' 41xYJ`$A,A,ivfpb.H ..v.,....... I r}ua - J • CITT OF DENTON MUNICIPAL COUHT DISORD$RLY CONDUM ANALV`PJS REPORT OF CASLA fRUN 10/90 THRU 37/41 Moss G NITAS FCH NOTE 06 OLLKCTS MONTH TOTAL FOR OFfENSE LODE NUNHfF 01266 NO OF CASES AMUUNT CCLLECTEU TOTALS FOR 'JAN. 91 A ♦ 296,00 TOTALS FOR FEB. 9t 6 f 146.00 I TOTALS FOR MAR• 91 3 s 250000 TOTALS FOR App, 91 16 f 906.00 TOTALS FOR MAV 91 6 i A2540 TOTALS FOR JUNE 91 2 P 00 TOTALS FOR JULY 91 3 • 000 E C TOTALS FOR CCT, 90 8 6 600400 TOTALS FOR DEC, 90 6 6 4H5,00 r TOTAL FOR CODE 01286 53 f J.ttiG,00 i r i i irr . F AdsW.3,5vVf wa,. v?S•t+~~31rL'vllIntl~xEUa.N,a}3~au .wtM::[unAYvao;liar:3:iu~vcu,57.rArz6tv~.kNwvx xrv+r ~l,.~uvwt 'Y^•^t.}Afil:.uF r.. r r.f,r .y,-rw,.• - ~n.. YY~Fw'F1N)1 ~ i i f :.1'fY OF I:'L'NI ON Ht HA IC II 14L, CCAMI i ANAL'iGl!5 !lt!F'OH'f O{" Ci.Lk:6 rMOfJ Ytl/4U TIIMLJ O%/4l Ff)fl V11116 11. f)f UF'UA Yf 1CIIV lY{' H'1 I, MONTH T0'1'1*. FOR OFF°GN56 .:Oqf: 1JlJMiJH4 Ok::.6kr NO. CIF 4iJGkki iuiOlJlJI' 11L 1. LL..'11:U I 'FO'fALQ FOR PACO • 91 1 S . M) E TOTALS FOR AFM. 91 :i f .00 YOTALf FOR JUryF 91 1 W 00 TOTALS ran 4UL'e TI .400 1 YIJYALS FOM O,__T. 9O 1 ! e<).Oo TOTAL% FOM NOV. 90 f f .0U IPYALb FqM PE):1 TO f sL6.0U t ) 1".yy TOTAL FOR COCJf 0121[b Si S is>.OU 1 F E i I, I f . A.da:,!.,eNRAtlrknAm,«aw.v+. n tflk'L'37F~XdffGFSW.."'v,~•••'•• -<e...._. ..-»>.a...o:.a:-sr.iwtsw+.tve'«atisafi Rl M:~ulil9~.F1 Hh13"ti4~;1fx~tiYO,+~~.EYfii`a5Ph15YJ1G6k;:J11-113+)~4f?d#dA~dA;i~Y'aI.WV.`K`•k4tttii,Y.9%EG b'A kaY fi4.1/'.Iti~+ r r1 I yypa< . , cage i 1 a , 1 • 1 j ` CITY OF DENTON MUNICIPAL COUNT ANALYSIS REFURT OF CASkS FNOM 10/89 111HU 07/00 FL ACh 65 OCCKETS; MOh TH TOTAL FOR OFFENSE CODE NUMDCh 01250 j I NO. OF CASCS AMOUNT CCLLI:CTCI) TOTALS FOR JAN* 90 4 f 552.00 TOTALS FOA FCO. 90 1 T 1A8.00 TGTALS FOR MAR. 90 2 • .u0 YOTALS FOR APR* 90 16 S 1.276050 f j TOTALS FOR MAY 90 8 T. 121400 ,..I3 TOTALS FOR JUNK 90 1 F .00 '~..i TOFALB FOR OCT. 69 9 t 700.00 - TCTALO FOR NOV. 89 1 f *00 TOTALS FOR OOC• 69 7 585.00 TOTAL FOR COOS 01256 44 3.s 79.50 1 1 i wlr~ ~~~F.VY.WJ~.wxYttwatr.~,wern,w~u,, n•~,•,w•a..,~r...a•s:en... rxaewaw+,9i.cM#4skr~°,~4Ydf4f l~ti5filkl~2UsX:wins,:.{..tu,r?,*+Ytit,t•.v:~t.x~,.~-ww,uvrx!n6.,u.hth.~urlulgtu44>~~s ~l.wwxr~+aeu~!vr+ti~v....~,,,-: r.~ 1 LL OVA] ly N.' 7 li tN»+I h f FGt i j t t ~ ~ ~.:YT! tl~' LEN'r(1N I~iUN L=1Pl'H. I:UI OIT Fi W11LYLIs REPGNT OF f„pEHC pHIIPI 10/a,y lllfl F/ O'Jl7U FOI1 F 1N.al_ G.l'SUTI'1UIV IJF 61 1 ~ MOIJ TM TOTwL ~'LIFI 61'ITPNbE falL+Fl NU11N IiM 01,:g,6 I NIJ. I]t•' .pglgp f'! Yo rALY F M%UIJhI r ~:U4.1. F:GITL•'CI ~ 04N, VO ! 1bU.(l tl I. TOYA1_q FOR FiY. q0 1 Oo YGTAI p FOR M(Fq. 90 J fl I !4 YO. VO TOTW_G FOR q/.R. 90 :cU<.!u TOT04I.11 FOR + Hp5' YO 2 { YtlTtiL.tf FOR .11JNIc: •0 ~F va,rALS FOR OCT. qy L 40.00 f 2 >i !"0. U0 TpTwLO Foot NOV. roi 1 Y YO' ALA F(W% l5(C. p9 .bd 4 4r. 00 YO'r1/L FGA LI' fl' 01266 71$ 1L 69G'.IiG K NrW?t1EL4NKilPyypyparnura..s... ...w a_.u.<rr:..~nr.Lt, nirrMrievan_lt4e F.7WeHA`l?1>.r1111adi11,(S~~Yl~A.f2>7.~a~.~.:~!ti EVJ!t..Yte'1s'Akr.'(n.+1i;U+HifLV.uG4i✓if4!rYS.!. ~sUk.;fG4isld Y.:.~LHJ er4ul v.re..t.frw ..+..1 .;.+:-+:.a.....,....- y CITY OF UENTON MUNICIPAL COUkT { DISORDERLY CONDUCT - ANALYSIS REPORT OF CASES FROM 10/90 TYIRU 01/71 flak AfN 05 DOCKETS UIMMS00"Lix NOISE MONTH TOTAL FOR OFFENSE COVE NUMBER 01278 NO. OF CASES AMOUNT CCLLECTED TOTALS FOR FEB. 91 1 6 .00 ~ TOTALS FOR MAR• 41 2 s 100.00 i fl TOTALS FOR APR. 91 3 s 235.00 I TOTALS FOR MAY 91 5 s 325,00 TOTALS FOR JUNE 41 2 i 400 TOTALS FOR JULY 91 2 s 125.00 r TOTALS FOR OCT. 90 2 s 145.50 TOTALS FOR DEC. 90 1 s 35400 I TOTAL FOR CODE 01270 id i 965.60 I~ 41 1 I '~6ytyikt+i. rASynra « .......:...w:..avr «r..:v:.,ar.uea..M's~,tr slr K.~..:~NiSa'Y.!4a:M.SIlt7~t'.~]%15tJC1#.4LiL4'i,.i~Fiii`~~P~.ti4~`hr4FM.chf:Al:4.af~W::uev ~w AVUww~saivkl.Ktr>WAi.+<^ .S VxI,{ur69,.b..46»vr~a e.W¢txMV.`..I~av<.ww+vw,wm..:. t klr~b r e ~ ~ !/f4<'YfiA~~{{ ~ I 1 i:ITY OF RLNT'UN PIIJN L_TY iaL +:ULIRT ` 1 i.NALY%IV. RIiPUTAT I"rn' ~JAbLL I'RUli lU/WO 'MRIJ O%!9J NUII I'iN.ll. C151'f1'A 1.1"LUW Ok SiT MCNVTH -f P'THL pUN iJFFLNHC 4UI'Lt IJUMUL~14 O}:;77" i4l(jul I .(R.1 L'C'1'tt, NO. OF CAM-:% 4 .00 'roYA1.G FOR JAN. 91 TOT41.0 FOR FFY. 91 1 s .UO TOTALS FOR MAN. 71 b t~ . Ufl YUTALY FUR AFR. 91 s UO TUTAL.! FCN1 JM`IC 71 +1 X .UU + 1 TO rAL6 FOR JUt- 91 1 i .PU i. T42rA1.A FOR MC 90 y s iua.oa TOYAI. FOR COOS Oli7o 20 L idF.UO I r 1 i 1 I i i ' 1R~~~~A+-W^'~~1L~bYWNiLVMnrr.r...,ur w ..v.rnu«:w:aM:~:~yuia+1.41H;V1.l~,~c.:0'AN.1[MAS\OJFI.Y~Af51)~rY.~i~i.~Q}.'~Ril4k;gtfl~dlresfJAFi}iMeXiK>l1b'r)!}U3PZ1i~~MMm44•+.ra.»•u..er.lue .wtu.rf.Kra.t..raNa~rFHn.tf.n w.l .,.wle1N 4 j I r CITY Of OENIUN MUNICIPAL CGURT J ANALYSIS REPONI OF CASES FkOM 10/89 TtfRU 07/90 FD~1 NCh BS ATaK1iT5 MUNTfi TOTAL FDA OFFENSE COOE NUMUEN 01278 ! I ( NU. OF CASES AMOUNT CDLLf CILU 1 ~ TOTALS,FOR FLO. 90 1 f 000 TOTALS FOR MAR. 90 l i TOTALS FOR APA• 90 J5.00 f~ 2 i TOTALS FOR MAY 90 0 f 325 .00 TOTALS FOR JULY 90 1 ' .00 TOTALS FOR OCT. 89 2 i 145.50 TOTALS FOR NOV. 89 l ( TOTALS FOR DEC. 89 1 f 35.00 TOTAL FOR CORE 01278 13 6 740.60 S f ! I, . NMU OlXF.paW. Ma ari-1+, s. u.\u..a,P~.6 taa nn 1. I y4i1'!.n}ltV}[irjYaNYaAdti%.%edkIM1~AAY4a4L ddDYr>ISM'~/ i~'spy({rU~~TY,pp+J(1Afou>w'+>.va+i>>a>aAy'N.i],MF'[Nfaxil:.m1'/f~WtN'rv3l'Lt'AY..A SVWtiJJA'2111jJYXnYJR>I`t~i3f~~RIGf~~i/.y{~)11~Y^'' }j,wl y 1r \Y~1YA6 i ' l I ':1)Y OF' C'LNTUN !`lUIJ 11C 1I'A.L C:OIJNI AIJAL'fUIii Rb'PUA4C <1 F' iiMSFi PHUFI 1U/tlY 't1iH11 07/70 FOR P1NAL G1 5,1'pG1 I-IUl9 UN Ll' tMON"C!i TOTAL FOIk Ovi EWW!+k.' r=PL>F: IJIJMe FR O1':70 NCI. IJF CASI.S M•IM I"ll I11 Lk~: ITe Lr TO-FAl.6 FOR iaN. YO S OU f TOTALS FUR MAR. YO @' '1 OP TO'I'NLI+ FOR APH. 90 It i.F.00 l"U tALB P'OK J9.449 YO J 1 . CIO TOTAL% FOR JULY 70 1 Y OP 1 TOTALS FOR CN:T. IiY 1 L .OO ~ TO'TALS FOR NOV, oY f .o0 T0 I'FN..N IAOR UK,:: . W9 5 f J.Pl1 .0(1 ' 'FUTAL P'UR com P12T4 21 1 i2E. UCI i j 1 j I ~ 10 i ~ r .fiuL'.•nJnan:.if~kfe lx'I d ary.v.~rn.rn: I r )el ff j:AtJlAV1.41.1G11.1~/JI~.HIi`~1NMl~ ~"}'✓)1 kV~ W i'(!l/JY4~ ~yll•l..wr.., a--~~.._.... +.•s+•. f.„n.~n,:v~..s,.n>~e:.i~f!'tx.spkktiliAWA~d~'k!~f~/s~~~nHf~:.itlkir1411si'eF'YfJu)lidibYx'r,.n. 5' mi~64ivv V, l .i f . r Y tt~ I ~r CITY OF DEIVTON MUNICIPAL CUUFf DISCKtDBRLY CONDUG+P - ~ AWSIVI LAWMAM ANALYSIS MEPURT OF CASES FROM !0/g0 TIIRU 07/y1 FCk 1bm 65 OCCKeT9 NDNT11 TOTAL FOR OFFENSE CODE NUMBER 04277 NO. OF CASES AMOUNT CULI.ECInO I TOTAL$ FOR MAR. 91 2 125.00 TOTALS FOR APR. 91 1 ~ • 100.00 TOTALS FOR JULY 91 1 v r u0 TUTAL FOR CCDE 01277 1,' >1 .'26.40 rlr . E r eaau•.r+«••~•,.~•w...•..,.r.nrnrvah+:r.v~. 9f,~pr~!'bti~~T/i>T4~n: i'rk:.r':tiF.Rwkvhril+'A(i1i~iWi}.a^M+-~+~Nr:lfAS4NY~9ttiis+~r.urrhYtNir.rv...v... «::„F•..... ........:....,N«.ws•...n:r.yn,wll~r.v+.ww.naaweyrr.xr, {e r'ua~np>•w..--.•,-, . i.IS,i Hi•.~L UrLLYIwri 11 WWI i ' t I I , i I p t_Y I' OF Ot Ntom FIUN.l C:1vot. :mootr 1~ NhlidLl B1C. fV£P[dllT "F `Nblis FROM l0/911 111811 U'//~!i F[J(1 PAId1a1.. L. Lldl'Cdy 1:T ICIN DI' Ul iE MONTH TUI'AL FOR Ur F-EWS~ i:Ulik I41JIMULR 01::77 F ND. IJF Cpfa L+{{~ 141^. GlJli l' C.(11 L1Zt 1'k L! i 'fO7ti1_S F'GR F+PR. 91 A 'b .OU TDTrLL,F rtOK it*4t •1 .00 ` TOTALS FOI1 NOV. ti0 1 B OU TOTA!- WOK COOK 012T/ y i .loo r ' I. I i .1 1 f ~ 1 ha ' 1 N1 1~g 4`y - ue.al... u. ~..n.-..n. r.«»rw<n.vx....u....n.•amwu.a.us.u..+..w .RM~{f~i.~~~t';A}V!+~twllu.x...w--. ...•.•••n+.AU wwwM U-w«I.rw wI J~.Ynr.liealalk./vbf wYaNMP11~wiKxll a`>4'{ji.~f~fJCirli'1}:fi: A5e1i V-`A<iNVNkr.M 1 1frN7ff i q 1 i I7 CITY OF OENI.OA, MUNICIPAL COUkT ANALYSIS REPORT OF CASES FROM 10/89 THAO 07/90 FCR rNGN as OCCKLTS MONTH TOTAL FOR OFFENfiE CODE NUMEEA 01277 VP 140. OF CASES AMOUNT CCLLCCTCO J TOTALS FOR MAR. 90 2 { 125.00 ' TOTALS FOR APR. 90 i • 100.00 TOTALS. FOR JUNE 90 - 5 f 326,00 - TOTAL Fog CCVE 01277 Q T 56I °DU i 14 I 1..' , n. e...., Ril rr.llr%r. E.p ull Ab•1 • n j-`.+1l~fi/JrWJfr9'.Ii?~ • }l~, r • ' ' .rrG'i1kE11Gk~1RASRM'nar:rv.w - Aal t/atp~f~'b'1 YFlr N6rfatttb. it;'t* 3,qA f34rFix::VT:ih6AS~i1HHUdtkv,..Y4'p~,fJ(4ynsbVfvrMN AY.°klukq'Viii?lk.V+KAtt~av.rxlan%%SSS%r.J %16tc9'Jf F y i lT LIF L'V'N It:IIJ PIUNf'-fi•AI. .;f IlIH7 siN,iL "Yf5 Nip UI 'Y UP Hbi`SS 1-N❑I'I 1(:/U9 11IIlU U'//'fU YUIL FIN,u_ O1 S`fUt3ilapN MONTH 7u'ff1l ul t1'i . roll UFWEFILL ~lUUI: NUMIJER 0127] NO. uP ':HGI'ai HI•ILII JfJ'1 {.1'tl. f TUl'ALA POR HPR. H6 ' Al .UU TOTAL.* ran JUNK HV ~ 2 t 'a lE.OO TO'TAL% FOR NOV. BH f b GO TOT11L r ` on couK 04277 ,t { s trei.uu I, i + I r 1 1 1.1 I i{~''rll,KriY.W.Y •tt+s;yp.,.._,: . n...awu,(y•yA" ~ LM.L~.V.iJr.~.L(C,tf.SUX~+lA~16~flC:v::rlifi.`ri(4}ill,v~,rl:.in"Wil'liMi?4 ~tHU1L~W:~3~N:':JLfiy{kil.(t{>.gViQllL34:IN%refi00l1 ~h'!irni95e.Ih/dw'f.vl:Veorl.~n'.'i+A •r r wit 1 (ix. +.n 1~tYAf. ae' 1 i j ' I 1 . CITY OF DENTON MUNICIVAL CUUkl ANALY515 RLPORT OF CASk5 FROM 10/0 THOU 01/91 FCH ~UN Bb OCCK£15 1 DISORDERLY OOMCT I B PRIVATE MONTH TOTAL FOR OFFENSE COVE NUMUER 01275 NC OF CASES AMOUNT CGLLI:C TEO . TOTALS FOR JAN. 91 5 6 1 00.00 6 1.',57.00 TOTALU FOR FU6. 41 16 5 % 833.75 TOTALS FOR MAR. 91 1 6 •,JO.ou I + TOTALS FOR APR. 91 e 10 4 505.00 TOTALS FOR MAY 91 6 2D00L9 TOTALS FOR JUNE 91 3 ' 3 t 342060 TOTALS FOR JULY 91 6 200.00 TOTALS FOR OCT. 90 3 6 360 0 OQ TOTALS FOR NOV. 90 3 6 360.00 TOTALS FAN OEC. 90 3 69 1 4.426.25 TOTAL FOR CCOE 01279 ~ i i 1 7 i i ~ ....:..........:......+._,n..+,ai..cacrt.rr7n a~7.v~~u,~P`;tiul4.µ ltikrU~=V~4~V<lrirr~la.~+axe,3;:0wae:/:+.lluw~A.:fdt~r:,rf 6wsdN.1Y.1+k:R6rexs'rch;5.11tsiilhS~l~:9i`~M4GRtiA AvROa.11b~'t All e,Y:.IIS~dCF"m'A'ti6\hrd w.. ~f A. s . ~ R(VXlt1) ~ p IY iE 1 I I i rI a C11Y by GEN't(JN HUNICIPAL 1701041 NNA1-'lrlG RLFOM't OM C,f.G1:G FROH 10/40 THRU OI/WI eoft FINAI. v rvillil'1'i ON CIP" 61 MOwtH TOTAL FOR OFF'FNBC !:OC.r NUHUyiM 0i'<79 NO. Or CAGES "MOUNT:.OLJ[r I", YO'1ALG FUR MAR. 91 1 ■ .00 TOTALIP POm APR. 91 } It .00 TOTALS FO♦1 M&V 9} 1 f 2E.00 TOYAL• FOR JUhW 91 2 G .00 TOTALG FOR JULY vt 6 s 10.00 ~.TOTALI PICA NOV. 90 3 i Ob r i TOTAL FOR CMW 01279 11 W 91::. 00 n 1 i 4 I ,NR'~/~y9+'f~'^°'~•nYM w.w.wa..rr,.~,.,.,....a..:.a~,v .w ..r•..~ ..w,..,uw...a.e .~wa.~rw.lrltvd6.kG1L ~ ` • ~N.:Ur'WN.!xa7vaw'urn ,us.[.s. w.a*liH~i!VN:.vadA or'wM.k.aA>.a.rA Fn .r.w4w.. "/~'ik~ilrt.11/s~itt+i911F~?F4:AWik~r.~RI7Wa8•Ac1Y s ......,-,F.m , YA. NV43S1Lt'.yp (Cleyi~ly l 44tLtL65(9 i t i I ~ E E CITY OF OENTON MUNICIPAL COUF1 1 I;I ANALYSIS RLPONT OF CASLS PNU14 101tl9 I11RU 41/90 FCN rhCN HS OCCKETS MONTH TOTAL FUR OFFL'NSE CODE NUNOER 01279 II NO. OF CASES AMOUNT CCLLLCTf.D TOTALS FdA JAN* 90 4 f 100 40 TOTALS FOR FEB. 90 6 4 431 600 TOTALS FOR APR. 90 1 6 100 j i ^ TOTALS FOR NAY 90 6 4 300.00 ITOTALS FOR JUNE 90 2 f 79.60 r ~TOTALS fOR JULY 90 1 • 217660 TOTALS FOR OCT. 89 4 ♦ 3C0.00 TOTALS FOR NOV. b9 6 4 496.0u I. TOTALS FON OCC• 89 7 ♦ T00.00 TOTAL FOR, 0004 04279 71 4 2\298,50 it 4 ~ r i i 40 . ~ . ••.r...:v..xtha'4'NiayµhlRlVG{.4iall CtE{+4V71.TSY+r1J{'. KkWtiN1L\Y-!:Y4:~4YHW'J:.\NA.YiIk'(~<L(.L74J'.vl[e34'.h%V.WInWJ!•~.k'~d.A4 h1d4A'INLVt/J~l~tAYai1NN+1d11fYMiWr nar x;16. nt~~iro- i a i I I tiXT f>F Ckry'1 UN PIIINIr;1FFlL. CbLINT 1iNi1L TiIb 11EPC117T OF ':ASkiy,y f'Rply 10/f19 TIMU O'%/yp HUNTH TUTAI.. PCIN OFFENbE .-44H IJUMCIE'µ I°f11s h'SIPr/L. (:'1UPUSp'I IUN OF G'1 i N(1. OF, 01:27Y W Li YOTALU FOR NAN, q0 1 iaC1UUn11' :.:UI I_6':.7LiG TOTALi FOR .K^.Y !O • .OO B TO'rALS FOR OCT. iv • 91~.OO b TOTALIL VfM NOV. •9 • 100.00 • TOVALS FOR 14C.. a* .0U I TOTAL FOR CMW 01-71 ~ 190.00 t I I, r i i Ifs f 1 is ~ i 7 1 r I.reh'h!PYf:VW+'F.N.ww.e.r..>...••... .•>•,.r.:.w w+t.n.wets>UO eLY:~i'l.H+.{.1+}j~}k pYl?f,4(Kie•'wiAjE~i+kil1.ti'/3.~iWrit411Si5.;•xah4i'M'~trMil!-ita;}W,t'LLMnJ.e4:.a4ii1!r{afr/Ik:I:}; YYJkdt:Afs4n:z~eJa(vAh"sM M1^MaP;NnlnaW4ws(axi ' TA• ' xy~.,,~ M 9 r,~~• yI 1 pQy T , j CiTY OF DENTON MUNICIPAL CUUR1 R DISCRDBRLY 0ONDUCT ANALY515 NLPORT OF CASES FkUM 10/90 INRU 07/41 FCM NUNItlS UCCK£Tii FIQir1'IM(,t MUNTN TOTAL FOR OFFENSE CODE NUMUEN 01290 AMOUNT COLLECTED NC. OF CASES TOTAL!; FOR F09. 91 1 i 7D.00 TOTALS FOR JUNE 91 2 i .00 TOTALS FOR OCT. 90 2 t 400 TOTAL FOR CODE 01090 5 I 10600 II r I mwft" tj i t ` w 1 t i'nr•5A~ 3lsiJa:WuaiAY.iSAi'tkW%i#!N.'X* WNV211i(YA4'd'~i..4Ai'slMtuatN.ikSKiuN.N~:4s'.f x+af.vw~,>e+•~- ....,..,.x.. veMAY:AR V.I,M.L:faltiv'i?J.h.~:ttel`JUNTM✓:V~7kSUNS sa«:40 ow, womwim G -;1 1 CITY OF DENIO14 HUNIt if ill LI:INT I1,1] iaNHL'fN1H RHP011T OF Ci1GL6 P"{7M 30/4U TNllll 01/4l rum NINwI_ GltiP~f31'rIUN OF of l I! f MUNTN To= . VUH. UOFIHUU OULE NUMMUR 03tr:U0 raP111UNr YIll,1.Y:. "'IR4 40. TOl'HL.O FGA JAN. vi 4 V, 1V . UU TOTAL% FOR FKD, VA ~ U4 a <H TO'r Hl•r FOR H►K. 71 1 : TOT'Hlti FOn MAY vi i V. 00 TOTHL4 FOR JULY vl F 26 % 1w.UO TOTAL FOR coot oa~wo r 3 1 i i w yt~tl..+aiyVaa,,*.twvrl~lsesaUV,:..ffi..,w .,,r:,..,..~tiKn~~hti`IrAld~WE~4VK3S:R.kPiFSwF(eIt£~1~H~1P1%f4+~~1~^N~o-L+W~vFhrxatla.VFSU+~fJa?'/.LANi+`Jstl,.,JA.KKk~rtNxs+A r Y., { N eats tt~ r 1 ! ~ f i f CITY OF OENTON MUNICIPAL COUNT ANALYSIS f;LPURT OF CAS45 FNON 10/a9 TitMU OY/)0 I G1 nON as BCCAETS MOh Tl1 TOTAL 1'NO. OOf ECASESODE NUMBER 01280 AMOUNT CCLLECT[O TOTALS FOR JUNC 90 2 ► .00 TOTALS IPOR OCT. 89 2 i u0 i I TOTAL FCR COME 01380 4 i .00 f i r i i a a i i L - ..•.........r...._54:~1..u.W,liaUapr..ld.lA•I,Yk?!.'fA~{2SILa4A;.fi4~i1~F4 ~dYJ:•'?"JY«s..tup~rs-1Y.41~..':trr..Ylltl~at4filfxh!ilk WIANV.\iSb. 4kR yy W yi.µsyjQdaih !wn s:.c.-.•^ TifrF u mossionmr~ ' w's7AY3#(11 ddyll iii. r q 5 i j V ~ I A'(Y UI-' U&NT(:IN 19UN1CIPA1. .(H11(1 ANAL.YSlii RkPORT OF 'CAEUI; FROIq 10/UV IfIRU 0%/V0 PUB t;INNI. L-1,0Nl71UN GI' Gl' MONTH TOTAL FOR OFFPEIJIuE COI,k l411MmLA 0f1U6 NO. OF iCA5E6 }HMOUI('f r.ULL[E4.'I p.:fi TOTALS FDA JAN. 90 '1 L .00 TOTAL% FOR "u. 90 4 .06 TOTALS FOR MAY 90 r TOTAL% FOR JULY 9u s; s .00 i T014tI S FOR NOV. 99 I. % x6.00 ` TOTALS FOR OKC. •9 •4 100.60 f 1. TOTAL FOR .CC" O11B0 17 Yr idO.OG i r S +Y.rf'.A.:M>IIP1}(~('J{{~.B~ftG7~fk11Ai#il~Fj\12f!!fAt?a)'~.. rA F~.:~:Nl!.2NwAJiLI •xxKx ".1w~~pN»s1Mr~~~b~'~ll•,l'i/MUM}LIPV~-"AOAVI:w V.Y{Y. 4RY8u~Y•lla Y...~1.•, 1 Nti j j + ti 1 i CITY OF DENTON MUNICIPAL COURT DRIVE WITH ANALYSIS REPORT OF CASES DRUM 10/90 fHRU 07/41 PCR PUN 85 OOCKLTS OPEN CG111' M MONTH TOTAL FOR OFFEWIL CODE NUMOER 61253 { NC, OF CASES ANUUNT CCLLECTEO r kk i TOTALS FOR JAN. 91 3 6 3b0,00 I TOTALS FOR FOB. 91 1 i 27050 I ~ TOTALS FOR MAR• 91 4 i 362.60 TOTALS FOR APR, 91 3 i 125.00 TOTALS FOR MAY 9L 3 6 280.00 TOTALS FOR JUNE 91 4 4 328000 TOTALS FOR JULY 91 6 i 442.50 j TOTALS FOR CCT, 90 2 i 250,01) 1 TOTALS FOR NUV, 90 1 i 125.00 TOTALS FOR DEC. 90 2 i 155400 ii TOTAL FOR CODE 01253 28 s 24455.50 i. i j r ' A ......:.+-r..M...w..I.~f:.1.1{1.f~.h•}AiNNkT~4{a~j~1~~V~l+Af1iJ7~ini3~4±'ik~~l+34k 13:11.~.Yh1Mil.Vfi(RAitlfJr#tuVNlv.%LkkY.%4+h'W+4AVRVNl:e0.~11.urIn3..A11 /.a lE..rV k+NFI•rt.a:eV. V>..nNU..V! '-1 pAt9fi51n 5. i 1 4f 5 5 I EEE E 1 C3 T1' OF CIVNI LIN MON T C IVAL GOUR'I I HNAL'llillt HhPOFLT (]F l1 %4V F'flf1M 10/94I THAI) U7/Y3 1'l 111 1' 7NLL C•l GI53T il]N OF 6-T MONTH TUTAI. FUH UPqpgN/L 7Ul1FL NLIMLI Eft O1'.: F: 71 NO. OF (:HbFiB lil•IUUIJ I' {LILI.F:CTIFC, TUTALG FGH FKO. 11 1 i .01) TOTAL FOK COI:' Pl,163 1 f .OU 1 1 i E. 1 I, 1 i 1 •,a..a :t,t a.,.,w, r... t... ;=[iitlrair,.AlatletA.S/y.d: ~/,r,f srw 4l.i=yf1 A'.d flia~tcv.4a'w'n-Yd5u71.r~'AkEskfikil.I't.'i 4rkf kC,YdH{~d'~tAEx~iul.Y fi14 WAAU'iufwiNA ~ro See}~sr'.~ 1 }r a 1 I CITY OF UENTON MUNiC1PAL COUNT ANALYSIS RcPORT OF CASES FROM 10/89 TNNU 07/40 FLN ~ON 86 UCLKLVS dONTIi TOTAL FUR OFFrNSE COOE NUMRL'N 01263 4 NU• OF CASES AMOUNT CCLLE CicO TOTAL3 FOR JAN. 90 2 f 275.50 TOTALS FOR MAR. 90 1 A 70.00 E ~ TOTALS FOR APR. 90 1 f 125.00 TOTALS FOR MAY 90 2 t 126,00 TOTALS FOR JUNE 90 4 173.UU TOTALS FOR JULY 90 3 F 162.50 r TOTALS FOR CCT. 69 2 TOTAL) FOR NOV. 89 1 t 126.00 i ( TOTALS FOR OF:C, fiH 2 ~ • 155.00 l.1 TOTAL FUR CLUE 01253 16 t 1.421.00 r 1 f ~r r~ . I - ..-....,.,..r•.<.r.la-aftr ei:,dG'i~:rti..gYk~i~Y~e?dw3d.fwu+iiY,IHF.eh'i~+kltteli ~11,1.i'd1?Pd'at+AS'aitASlti 7~r.a~/A.,z:a4.1".'+lwtS%64'}i4g-3ai`SXMU.1tftxFeM.ltrJS RYA}.tiI'w3}Ziek's'..s4W.~Mnar:u~,a...... 1%j (Mm Orr L 1 f , CITY OF DENTON MUNICIPAL COURT q•Y•P• ANALYSIS kLPORT OF CASES FkUM 10/90 TIIRU 07/93 FCH N({N d6 DOCKET'S MUNT11 TOTAL FOR UFFLt.SE CODE NUMULR 01252 NO. OF CASES AMUUNT COLLECT60 i TOTALS FUR JAN. 91 37 s 30603.00 TOTALS FOR fEU. 91 46 s 2#960.00 TOTALS FOR MAR. 91 44 s J6120.00 TOTALS FOR APR. 91 44 s 20801050 TOTALS FOR MAY 91 36 f 20102.00 r TOTALS FOR JUNI: 91. 42 6 1,0815.60 TOTALS FOR JULY 91 23 4 1.445400 iTOTALS FUR OCT. 90 '47 6 3.)30.00 TOTALS FOR NOV. 90 37 6 2.227.50 TOTALS FOR D4C6 90 4 6 417060 TOTAL NO. DEFFENED 68 s 4.111.00 TOTAL NO. JUVENILES 336 $ 22*166.50 TOTAL FOR CCDE 01262 369 s 234821.50 I r I i 1 y4wµ aP~#kXn~=~2sW'ua+~i•~n. aMirk>:.i:.dir.., as ens vPaaw.,.rrr ' p ~yy . ..r c y. p•0.e+.Aa:el;,p8Jry41~*~d.f FRIG#+St,.i~<'S . ' f ~ 1 ~ I I =[IY al' r'EN "Urllr_ 11 11L r-1JUH7 AMAk-Y%15 fWPpfl'f OF f_'Aaes PHOFI SU/YV HONTN 111HU 07192 ' "OA FINNL G{.y}'Ogri rioN OF TO'11iL F U cAa . r7t7b6 p,UIYUEH 01ssa P' NQ. o Or F ❑AtofiS Ei'f NO. IE[ TOl'ti140 FDA .JAN. 91 r.NOUN r 001 LUC 1 A 1U4.UU Ta7gl.C FDA F/[l. ♦1 42 • A.9vU.1)U >)'OTA~i r'Qn mop, yt $4 w 16 Y. „ Taral-e prom APa. wt EO 1 vo TA1.t1 F 7IF.U0 i On MAY 71 10 7aTAL.q FDA .KNWi 9i 14 ■ ;1:0.00 r ' ~ rarALr e=a,7 .xJi.•r 9+ a s suo.ou 'TO'fAL9 FOR NOV. v0 1 i ~ Tu'f /il.q Fpa ['f[C. 40 1 .O0 ~ 7 L 7G. 00 r r TOTAL NO. OC/FEa[O 0 16 '00 TOTAL FOR COOL 012K0 1UV 7 L.1vJ.UU V i i t ~ .y . y Mbt v/ ! ! ..F.-.. -w d. n wi*.rd fl1.U A.J'nl:.: r44~ M.mO..• n .....w....' e .L'.b...c~t'a1,~s..R..J~P4i3trfv gsrr., ~'A•,~A - nl*1Me141YriprrM ad. - Ante bE!'J1sgw I 1 1 • CITY OF DENTON MUNICIPAL COUNT ANALYSIS RCPORT OF CASES FRUM l0/04 INFO 07/9q FC(fAON B6 OCLICETS .MONTH TOTAL FOR OFFENSE CODE NUMOER 01252 NO. OF CASES AMOUNT CCLLECIEO 1 TOTALS FOR JAN. 90 34 s 36074.00 ►OTALS FOR FEd• 90 35 f 2.040.60 TOTALS FOR MAR. 90 44 s 10283,50 TOTALS FOR APR. 90 47 ► 3.054.00 TOTALS FOR MAY 90 26 f 16229.60 TOTALS FOR JUNE 90 48 f 2025,00 - TOTALS i°UR JULY 90 32 f 20004600 T!•TALS FOR CC T. d9 57 • 3~962.6D TOTALS FOR NOV. 89 43 s 2.610.10 Y TOTALS FOR DEC6 89 262 2 t 26255.D0 TOTAL N0. JUYENfLES -35b f 3,049.59 a t 246002.00 TOTAL FOR COOS 01;252 307 t 25.898610 1 } • 5 119~~rX~T 9 -`s;;evs'~1 . ',s• ' '•-~n~ ~~a4+++rd'~2irF~`aca'~AvS iiridefi%~`,+~:?~~F3~'u~a ' ~ . .~............s.~w.c„...btwr~y,~..~1•/I t~~WI'`sFrftctifi'%W7n~6~'.~}~9dATtf~lr+r<t,Y.u ~ dSjAYlfAllYttN~t .~ne..,a•• S Jar-.~tird + j • 7 +kI:j j1~ CI71' OP 6ENTUN MUNICIPAL. L~ ANFIL'i HIL Nfi PUNT UP 4" CIUl1'1' II NUNTH ~O4u TO TAL NROM 10/U'd 11/RU 07/YU f FUR ~ TOTALS FUR OFFCNSC C017,g NUMUC•.R USaiE,^ FUR F'YNpI- L':1 (;r ~111I'I'IUN OP I f NOV. SO MCI. UP 'A9uu Ahl(JUF1'I' CIJLL.Id, T6. C. TUTALII FOR O[C, It f .bU 1 I 7 7'UT41- NO, Di'PFKR4o 76 . UU I .00 fI TpTAL FUR CODE OIA52 'I I Y IJ( s 7v-. Coo r S I a I 46 f ,{y~~'1.~'~4f~'a~.SSLUrUrN~~t.Y.wnw.v+aam.xawer..x.a.{..,,.a:n.ua.~f~.u....a:ysarntsJaba'i!?il~iR..*Y.f)ige.~~tfp`.7}Gtf ..,..n:ibFA~~.")~+.;7:41aS~:1:4H3~ih'-1*fiitl'ral./tl'ltNnt.w.teA'env .Y4~e:ralt4:J.:MVb.thAA11>sa`Irlrw}hrl Fr~1 Nr,'ro.zH~a~rnrwrwr.nv~......< t 33~\ r ' ' %4r 544' Y ' r i CITY OF DENTON MUNICIPAL Ci tURT T Vim famo ANM,yS15 N{:PON1 OF CASES fKON 14/99 1NAU 07/41 FOR pN 04 DOCKETS MONTH TOTAL FUR OFFENSE! CODE NUMUEN 01259 NO. OF CASES AMOUNT COLLECTED TOTALS FOR JAN. 91 25 3 1#865,00 TOTA:.S FOR FEB. 91 26 f 20978.50 TOTALS FOR MAA. 91. 25 f 20492.00 TOTALS FOR APR. 91 20 f 2.310.00 TOTALS FOR MAY 91 16 1 1.295.00 F TOTALS FOR JUNE 91 23 f 1.225.00 . .29 f i .750.49 . TOTALS FOR JOLT 91 _ TOTALS FOR CCT, 90 19 t 1,232.50 TOTALS FOR NOV, 90 22 f 2,386,00 TOTALS FOR DEC. 90 18 f 10736000 ~TOTAL FOR CDUE 01259 229 f 19,268000 L i r i iJdild a.1WN~•,r:{'••w,....,.........,...~:.,w„~s.ari,rm. n,sn.wsxu.....ntDt r~4Y rrY!N.\:,t'I* f±.kSSr~4y[.SPJJJ +ffi!': hcia'1"woAouFSii?i }rw ...y,uirf luat v~esar.~~~r,•,sr+a'n+r r.nawnr.aen\rE. r i 1 • I 4 i I` 1 1 ~ (a'I"f W'' IiC NTiuN MllNt CIphL .:UIIAT 'I i~ MNAL.•f KTS RfiPUkT or CAGL"4 FROM 10/4i1 '1 HNU 07191 ITU{1 P1NML f.T4Pf:1 L'YTIUIJ O1r b'7. ' HUNTH TOTAL FOR OFFENSE :AJ CAF NUHa" 01::1!9 NO. OK ,CASEb HMOUNT COL,L.ECTEG TOTALS FOR JAN. Yd 6 S U0,00 TOTALS FOR FKS. 41 O 4 .00 :f TOTALS FOR MAR. VS 5 S .ou ' TOTALS FOR ALR. 91 4 % .00 i - f' TOTALS FOR HAY 91 '7 11 .0U TOTALS FOR IA W.' 91 0 S ;6.00 ~f Y4TAI.A FOR JULY 41 l0 % d00.00 'TOTALS FOR OCT. SO a 'L .00 l TUTALS FOR Nov. 90 1! % .00 ' TOTALS FOR O[C. •O * .00 L TOTAL FOR LOOS 0120Y 6Y Iw r 1 I ICI i Uws n. d!t!.k',.*Y17.11'•.F •'••-.,,...am.,..+.<aAS;:e.,,f.U4vey.:ti@jd'+;l+c,i,?rlfh'i•~ta~~{.Yk45rrl.'AL~4lrY..`e1~i1%'..a:!wrtiers.lr,f~.vtirKUw=~it.YrzrF'4'~.•.YHn.,.uca ....o.a. r 01 t 1 li r i . I I I i ,w l CITY OF BENTON MUNICIPAL CUURT ANALT5IS RL-PUHT OF CASES FROM 10/09 IIIRU 07194 FCM A.Oh 05 0cmT5 A WITH TOTAL FUJI OFf ENSE CODE NUMBER 01259 II NO. OF CASES ANOUNI CCLLECTFD TOTALS FOR JAN. 90 le s 10700.00 TOTALS FQN FEB. 90 21 f 2.769.50 TOTALS FOR MAR. 90 12 s 1,097,00 TUTA1a5 FOR .APR. 90 la t 1.470.00 TOTALS FOR MAY 90 9 f 981 .60 ,I TOTALS FOR JUNE 90 16 i 10832.00 N f TOTALS FOR JULY 94 { IB i 11715.OJ I TOTALS FOR OCT. 89 21 i I.p65.00 I TOTALS FOR NOV. 09 30 1 36315.60 TOTALS FOR DEC. 09 20 s 16060100 TOTAL FOR COOB 01259 103 t 116045450 ~E . ,,..-e:n ...i t 'fv :3°4ab'>%..d Prate. Yd Ai i d~ru~_n.awd+ n4ri-9- a.af ...x ~iw oWa.ft MlMisr. {+t:ue..Kaav~,-.,..a s.- : ~iix;F.cR50.~'e,. .•r _ _.e •t ~ 43"nr,r d+.a mi - f 1 I { 1 f "T`/ OF' G6NTUN 11UI43Ci WiL Cp11MT f flNFaRiiLyplS RHPOR7 OF '_NGkY MONTH TO'7 ~_OC'i NUMMEAPRDM 01.69!0/Q9 THRU 07/yU FO}t P1NeiL 0 *yPUL'I'fYRIJ OI Al, I OF piIJ6ri i TOTALS OF '-ACES FOR JAN. 90 17 c'ItOUlJT .iOLLYC'rE❑ TOTALS FDA FSS. 90 11)O.EO TOTALS FOR MAR. to .oU it TOTALS FDA APA, 90 18!'.UU Q S TOTALS FOR MAY 40 YO, bU 6 TOTALS FOR Jl1NS 40 S ytl•`-U it S TOTALS FOR wocy 90 7'F'.. f, 00 S TOTALS FOR OCT. S9 f lit. u0 TOTALS FOR NOV. SY .00 7 S 14 9 11 ' TOTALS FOR OKC. S9 ~ .OU 46 TOTAL FOR COO& 01269 ma VU4,00 e i 1 i i f, 1 1 :#15A 'n MS.~ i...:.,•. waei..x._aw.as.Vi.~.tiNt ..BSh.f.'X","4~ y ,1>r vkkn F.1, „ybssY z•'rA Y'.'F L... ~ afHl4Mnk9N.54 ~L I. 1 ,I . " ° ' 'Arh.r Ll *'Y . n$F{.~"iy,LtE fir F*.rlC+.1./l,~!#.1°13'at-',.rs+«..3`.*. rr..li4:u a.' G .,✓;~.~.:.CJfr_.Tiv~Yfdts#~`ifKfi~kY..i,tY.n~-`\fb4.".S FStietit~.4~9O+,T't..tz'v T-- 10 i i k I FAIL TO ID CITY OF DENTJN MUNICIPAL COURT t ANALYSI$ NEPORT OF CASES tROM 101S0 THFU 0t"I FCR r%UN 86 UQCKETS i MONTH TUTAL FOR OFFENSE CODE NUMOEA 01284 E NO, OF CASES AMOUNT CCLLECTEO TOTALS FOR JAN, 91 1 t 217480 TOTALS FOR FEB. 91 1 t ,00 TOTALS FOR MAR, 91 t t .00 TOTALS FOR APR, 91 1 6 .00 TOTALS FOR MAY 91 J • •12,60 TOTALS FOR JUNE 91 J t 60.00 TOTALS FOR NOV. 90 A t .00 € TOTAL FOR CODE 01284 1 14 • 680.00 i i (1 ta.rSYn`.iii!5u'wii~.'✓GU1.has.rvw.wr.s:.ra.i..saxay:,rv..rwr,.w.wtixa.c.w.'x-«.tvs.~xuv..,..ra.:.cw.;a'rawA'+saa..wtit~v~v>>.vs xa--x 41 a P CIT'i UI' GE ' NIgN MUNICIPAL. +LOUR7 NNALY%ls 1t~FOR'f OF i;pyF-a FROM 10/y0 711,11 OI/Yl F'ON I-INW. CilGF04YYI01.1 Yf MONTH TOTAL FOR UFFLNSK COSaF: NU. NUMYEH 01294 f OF +~AS[•.S ' C.UI_L.tlU ftil:~ TOTAL* FDA FISM. 71 AMOUNT 1 i TDTdf.Y FOw JULY 91 00 1 t 60 rora.s row ocT. rq ~ ` TOTALS FOR NOV. 7q S .00 / Y .Ob TOTA1. FOw 0004 OL•294 4 • .OCR ,'I r M 6 i ~fikitYlA~;sv,~.,s.~.u.nyr,...~x~sauti[:s;^H.s'tAwualiss:sS,~4+x9e'kis~.Lk ~~:~E)a+.=+~,'ifiA.'d'~~.WA~$A~'~'~~..~N~Y:`;iti.4'i+ni[1YL>~~t;sGw,.+;<tnvfrtl.it..~w+wl.:w:.+.w,e. r:b...s aa.e ~>~...a:.u aax..v.,-• .,..rir.:a.,.-zr.'_-.....~. i E ' i I 1 ` (I ' clrY OF Ol:NTUN ANALYSIS MUNICIPAL COUkT i rr AE I I MONTH TUTAL BUNT OF CASES FROM FUR OFOFFENASE S TOTALS FOR 10/qg TNFU 0)/3 CSE CODE NUMBER 012a4 0 II ff FOR. !~{7N g5 OCCK@TS 9p NO• AMUUNT COLLECTEO TOTALS FOR MAY Y 90 1 i ~ ' 00 TOTALS FOR JVNE 90 2 , I i TOTALS FOR NU9, gg 1 i 195,00 i .00 TOTAL FOR CODE 01284 + ,00 g • 195,00 ` r t A i r. 11 ran w.3+ k _ _ katl R+nc..p}N .A.,e a.~qn !iYr. ...t. two. Y..i?:ts,., _ ..~.w..e :,wee•-yi .r,a z~-.+,...,. .-.r 4 1. I E i i U/' t IHTlM NUNTGlply, t:pllN'T- 1 aNh1L1'G1G NH/U1iT OF CQjsjj i p' r NOM iq/y7y T1gyU 07190 UR F°2Ngl. U,,,, Uzrjal.4 or NUN TH 'fUT.µ- FOFI Up'FGNCY F' Nu. QF CaGhy NUHyCR 61 ::Uy I TOTA1.5 rook FUI.Y iC i 14HULII47 COL.LE.J'IpG TUTW.i Fan m-.T. N G •OO _ TOTALS FDA NOV. 1 i .qp t • .qd f _ TOTAL FW1 CD(.., GIL204 y r I 'r I I fem. *..vMZ iwa ah'i~P.MA.'G4'L.V,r~f.a~J/s.I.A1;~3s# L r .,.f.a M1 VFAtr:~iald.!°AU-vls±l. .nhS efi k siaaW'.e~Y•fi4i~•.v'~ .':r{O.sz~.llrrr~HS;. v rK.•i.x... I 5 i 1 S!~ 7 • ti 1 CITY OF DENTON MUNICIPAL CUUHI I Ptk'i$JiSSION 01 GIIUIi ANALY595 REPORT OF CASES FROM l0/90 THRU 07/91 FCR ~ON 05 OCGKEIS p 8 A MONTH TOTAL FOR OFFENSE CODE NUMUER 01250 ~I NO. OF CASES AMOUNT CCLLECTED TOTALS FOR JAN. 91 2 f 125.00 TOTALS FOR FEB. 91 2 s 125,00 TOTALS FOR MAR, 91 1 f 156. U0 I~ II TOTALS FOR APR. 91 2 f 81.75 TOTALS FOR JUNE 91 1 f •00 TOTALS FOR JULY 91 1 f .00 TOTALS FOR NDY. 90 1 f 125000 TOTALS FOR DEC. 90 1 f .00 TOTAL FDA CODE 01256 Il f b11.76 c ~:.a..ski:si:' eNddar°iF:A~nf6.441*`P~~.',.•&I if~Ysf~ti~.ti.'a'biue'r~ia±dw~•~r'~. '1'flr~''avrF 2S 5ci.1.YAa'1"~:vY`+N'eis &r10* ( _ -wxwu~+.-ar;.3r46+,pk'tgtl/~~ i~ 1 F 4 i ;,1 i CTTY OFT GHN7UN I711NS.~I1'HL ._f IItR'1 L1Ji1L'. Gib REPORT OF CAiLi FROM 10/90 THRLt 07/71 p'OR PIN"L r,l%pab T'tXum OF bT MONTH TOTAL FCIF1 OFF6'NS1: +'.pUlE Ni1M0[R 01"S NO. OF CASCIi .110047 1::01. 1, L-,:I VC, ! TOT-W-5 P" .JAN. 91 S LUC.OU TOTALS FOR FUN 91 4 S .00 TOTALM FOR FIAfI. 1'1 1 1L .00 TOTALS FOR APR. 91 :d r .011 TOTALS FOR MAY 91 J Y ' .uu TOTALS FOR AJNK 91 1 r E'O. 041 F TOTALS FOR .14 Y 91 4 L .00 C TOTALS FOR OCT. 9tl i r 25.0(1 TOTALS FOR NOV. 90 S 6t.u0 @ TOTALS FOR OKC. 90 1 S .tlU 9 TOTAL. FOR COOT 012C• 30 S 24V.00 l q • ^ V i F tsSJ.Jiw30i?l~ry~-'fRnaa/,lfi '.r..+. ;,~s ts. a,:~ar:~.•:~x.lsa.cam:.e:~c11a:;~:•~~4tw>;~9i•~SN..,,.,... _ ::..1...._~.. ,..-..:-....Y.,h..;-:.:i1 ra.Sr..o-=Yi•T?Y 1i.wti..V..tf 1#:IS~1:i1Xr.k.:~ ' aJJt~ j e ! F t , f + ~ CITY OF DENTON MUNICIPAL COURT 5 ANALYSIS REPORT OF CAStS FROM 10/89 TNNU 07/90 MONTH TOTAL FOR OFFENSE CODE NUMBER 01250 FCR ~+ON 8.5 OCCKETS NO. OF CRSES TQTALS FOR JAN, q0 AMOUNT CCLLECIEO TOTALS FOR FEB. 9p s 125,00 A TOTALS FOR MAR, qp • 126.0D TOTALS FOR APR. 90 2 600 ' ~ TOTALS FOR JUNE 90 • 2 81 .75 TOTALS FOR JULY q0 s 235050 TOTALS FOR NOV, 89 .00 2 ` 1 i 125.40 TOTALS FOR DEC. 89 2 s .00 TOTAL FOR CODE 01258 692.25 F y.. • i A1. .~.diar - ..r~ rr[w<~! "r t,ill~i4Jts d+'a`~k•:d '^`L.Y }ssx r s .e: r! f. Ci'a#.,.. -v,r 1.r4 a,.. 3 3 y N , w 1 O!' DL-NTUN MUNItJIPRl. COURT ANALY%JU REPORT OF CAGRG FROM LO/ay TIIRU U%/yU }'OII J_II1i.L N.~ MONTH TOTAL. FUA OFFENCE. CUG4' NUMtla1 YION OF FT 1 Ol'c _'B G3GpO NO. OF r_ASL:% ,iMOIJla1' i_01..1 .f:Ci kl., TOTAL% FOR JAN, vo 9 1 • 2at.ou I TOTAL{ FOR FUN. ♦O ' TOTALS FOR 1 1 ♦o Y t .ou TOTALS FOR APR, v0 y TOTAL% FOR MAN' To 6 {(t t i a s , ~:O TOTALS FOR JUNE yo Y F t 2oc.ou TOTALS FOR JULY AO t 90. 00 TOTALS FUR OCT. Sy 'a t TO'rALS FOR Nov. S9 It t &&.Ou TOTALS FOR DEC. S7 TOTAL FOR coca Otago fy t 7ea._.O 41 i I I I ;J I;,I s"GJSJa4' ,g4tl'ti9t ~3fl~rdvtW,x.den...,«.v. ,~.a.ar w.,..y.«e.w;.:iti"t....1,,,s;.tifMs+:k: a.«.-:ibs;•st65.A~MiilR?+~#'~`.hL~3~li+;Pr~i~k+a1''/ #~+aN~'~P,-.~~./f+tt3:X~wN`,Cdr'F.A;13kd'-33§3it4~,3:taH~~+.~`.IA3' i'f.S';i'~A' *+d moomisommoky- t I I 1 i t{f i C31Y OF UILNTUN h1UN1C1PA1.. -:CJLMI 1 I P.1~ wN04LY616 RI:PON1 OF C"SW% FROM 10/40 'I'NRL. Olyyl i FuR IJ4Mf M4' DO.]HCTG I ,I MONTH TOTAL. FOR UFFEW6W COGIR IJUM"E" OLi94 t t NO. OW CASES ,MUL114r C1LL1. G'. i'1'. Cr TOTALt FOR JAN. 91 1 1 EO. GO TOTALO F'OR F90. 91 4 a : 711.00 TOTAL$ FUR MAUI 91 Y 1 ZOO." ~.i TOTAL0 Or CA APR. 91 6 f 7P0.00 TOTAL* FCM MAY 91 3 t 100. 00 11 1 ~ TOTALY FOR JLA49 91 6 t 49. 3'd TOTALSI FIR ALL-S' 9t M 1 300.00 TOTALS FOR OCT. 90 t 42a. 00 i ' TOTALS FCM NOV1 90 4 t 400.00 TOTAL% FCM C'CC. 90 1 t .00 ,i 141 TOTAL FOK COOT 01204 77 1 2. 4VI. 3.3 E f, TOTAL FOR RRFORT 37 t x119'!. U3 3 ` ~ w 111 ~ I e'F; Jt;.-Ls: I'd.'tress.n-r.e4sfia;r...';~tsatr+*safa.,.a.e..'» .r. w N.i.+xtiik,.c#.-y,-.4'ty~M_•,1,+•"^i4»"x^:•i'~~..•~`aww=srn.,.,«xnra,re..v» e,~:..rn`.~+.wcwui t t I J, i i i ' I;IT'i OF L1Up4jf1N IYUNXCIPAL. LCIJNT NFIIiL 1'L'iS R►`FORT OF CASSS FROM 40/90 'f MU 07/91 e F'OR vlI l.. G13LNl1G1 r';pH LW II -r HONTH TOTAL FOR OFFENSE CODE 141JMYF11 of<Bq NO. OF CASES TOTALS FOR qAN. *1 AMOL114T CULL E1r'1 EL"I TOTALS PC^ FL/. ♦1 • 1,0 1.00 9! S 1, 3pO.E0 TOTALS /OR NAR. 91 SOr • 907, E0 TOTALY FOR APR, 71 Y13 f 1,085:, Gtl TOTALS FUR MAY 91 107 S 1.4HY.Cp TOTALS FOR .1L*K 9Y 129 F • l,G13.00 TOTALS FOR JULY 91 ItA • S, S00. 00 TOTALS FOR OCT. 90 4y TOTALS FOR NOV. 90 79 44W. 00 TOTALS FOR GSC. 90 4r f 1-312.9c) TOTAL /OR CL109 01:94 S9Y • 11.;;40.8.0 TOTAL FOR RSFORT f I' I" 1 g rti.,1."a~y°a.ti ~~Y014s~+ti~;A~1Ctie .`+2"0~,W.'r=•fea ~i3W~1RY,§3ti14NY13'eJx'iNN~3{~L yt1.:islPy~`~.Ne~dti72T.1ri~1SLli+~.'4 ~s1~1~"~n:•ate,a=v,~r..~:w:~.k~i~kavtr;+..k*••was:aztta.~at~td,~ssxa.~la+asaals,.Syt d6eS~#t . ~ ticaaasr.w. 4 1 1 1 CI71' OI° UENTUN Hl1Nlr-lY/ll '-UUFIT r ! 1iNALYSIS M/PUM7' OF CHUM. FHUM t0/U9 T'HRU Q//Yu FUR NW IiL) OO': Ffl]TF MONTH TOTN1- FOR OVV9N%9 '::Ufik NtJMQKK 031:64 NO. OF CASW% HI'IUl11JT .]ULL.H'JI RD i. TOTALS FOR JAN- 90 2 • 60.00 TOTALS FOR FSS. 90 ]I s 2f60. 00 ft TOTALS FOR MM. 90 0. 200.00 TOTALS FOR •MR- 90 6 t 900.00 TOTALS FOR MAY 90 A f 23I5. 00 .n TOTALS FOR JUNE 90 Y f 49.:.21 TOTALS FO1% JUL-'f 90 4 f 5100.00 'I 7UTAL.4 FOR OCT. 04 L f 400, TOTALS FOR NOV. Y9 E 11 &00.00 _ TOTALS FOR IKC. 09 1 • .All TOTAL FUR CUbi 01254 9U Y:. 4d'I. YI'J YOTAL FOR RSrORY ad • 2r4d'4.08 F 1 I 1 IS)tn cr ax ),yL~giYld%'191tiiUPeie:las+~'IidJ+'.I:iAII.,arrabk.\NW4hN.S4til/e~a.A+isYJe~n'YJ/R4d~Y>!MeYdti;slil.Gil~klkily??~ 'Awl ~'V~ r 1 , t i EE i S 1 ~ "XT / UP D"TUN MUNlC1PFIL. r_OURI [ i,l ANALYGIS RLNORT OF C:ASHS FROM 10/M9 7'14RU 07/YO F00i V iNl.1L 1;11NFu fi'1"ION OF 6T MUNYH TO'1'Ni_ FO+% OFFrigsE CODk N11MU1[R ol;.W4 ( I NO. OF CASES IWIOUIJI' G~ULI..t<u l-6'li TOTALS FO1I JAN. 90 ou s 9:4..00 ,I TOTALS FOR ✓Ri. 90 NJ s *97. 01) TOTALS FOR MAR. 70 10Y ; 1.2'x0.6"0 TOTALS FOR AFR. 90 11'7 S 1,767.00 TOTALS FOR NAY 90 103 6 6i48.60 TOTALS FOR JUFMC 90 ii9 • 7&e:.00 I. TOTALS FUR JLN..Y 9O 98- S 1.124.00 TOTAL: FOR OCT. 09 SOk • 1,042.00 TOTALS F041 NOV. S9 01 S 6i'76. o0 TOTALS FOR MC. Y9 97 S 1.427.00 TOTAL FOR A:t" 01204 945 S. iO.IS k`Y.OU TOTAL FOR RsFnHT 91110 S 10,4£4.00 % I i k .'4ar3 r'1 1,tif1h 1.`:x:.tA4its~ff'aWi~+kKexklS;iiuriMvs~i 7+4r*lh..4hw'J+.t'Oil idiYiy4.5i~Jr4a i[b'amlr/1~u.e4u«ati vfcR.+.1n~s:s~w"• btrp 'WO#ri~i•.6iJ„""'•w,.uwan...,:.:wa,wwwx.swa, .:wuW«.s.Att~n;e,'.us...hramFai,r ;Ii . J~tatyyy I t fS 1 f t , f - CITY OF JhNTON MUNICIPAL COURT ANALYSIS REPORT OF GASES FROM 10/90 TNRU 07/91 FCA fON 85 OCCK@15 1 MUNTli TOTAL FOR OFFENSc CODE NUMULF 01354 N0. OF CASE5 AMOUNT CULLECTED IC TOTALS FEW JAN. 91 2 t .00 TOTALS FOR FdOt 91 1 6 000 TOTALS FOR MAR. 91 3 6 100.00 TOTALS FOR APR. 91 3 • 121.00 TOTALS FOR MAY 91 3 6 .00 TOTALS FOR OCT. 90 2 6 .00 TOTALS FOR NOV. 90 3 { 230.60 - TOTALS FOR OVC. 90 1 • UD TOTAL FOR 000E 01364 18 6 451.00 TOTAL FOR REPORT.. 1034 6 66.016000 i ~ j x»wv;.~ .....'...xws»'<. xPYFWI:rFH~llevs;Tasxi..k.kYlriJkYilel Ka l.:?Ji.~t''. •'l f is114(.T+9~F1'iMk~.'k•~LlAkh`e .ar +:siFr„`~:i4C3ar+41''atii~EY~=,e4~.#~.'.s:pw~•fidit~,arfvatss+rd;uai+~vdnt~.tuuWte':[ust.Ve"R+~;uv.~AA+evstl:.arx.ti~eF; v;av,--•-' t 1 ti t "T1' OF G (i,NTUN IK11N1C1V•HI_ !:fWgT- ~ ~ NNALN 5113 F/k'TUHT OF CHS4'y p'pfNl 10/4U 'fHHlf U7 /.y1 F'U ML44TH 'fUT11L Flirt O kt FlNiat Ai 5P U4TTICIW FFENG! CUIiC NUNY kII OF 6T O1 ~_4 i N17. OF Cki&4' B i1 7U Tk11Lti FOR JULY W1 NIi1:11./1JT ~Ul.! Fi i.t l;iJ 1 1 s h . UU 1 TOTAL FOR CQGfi' 01 JV4 I 1 s ' .OU I TOTAL FOkt v;Ep OItr a.t4 s Mrb'J3. U(1 r 1 1 - .I k 1 ( { -«....4r,rw,....a,c.x~:a;+.pt.•.eM errs ;'kidt~s- ljPtii S~;'.}'h'S5~4+1k'!+~`~zfd~$!C?~id1s'=3.i~ifkfi+$rki~uti~6',>W~t434atus~4tilYAi~k<tt.i4d5fif1Y~x~.--~:~'=-~"''ad~9U'i~.Gl~+W o~s~k` h~.Gk~'1~~%+NPN*+" ~r tl.=1.U kAkk/iaalh n . . • -,ra' ♦k+fv' ss F CITY OF DENTON MUNICIPAL COURT ANALYS[S REPORT OF CASES FROM NONTN TOTAL FOk OFFENSE COpE 10/65 THFU 07/90 NO. OF CASES NUMBER 01154 FCR N~N 85 DOCKETS TOTALS FOR FEU, 90 AMUUNT CCLLLCTED TOTALS FOR 1 f ,MAR. 90 2 .00 TOTALS FOR APR. 90 - 0 .00 TOTALS FOR MAY 90 , f 121.00 TOTALS FOR 1 $ JUNG' 90 2 .00 .r TOTALS FOR JULY 90 $ 127.50 TOTALS FOR OCT. 89`'" • .00 TOTALS FOR NOV. 09 5 6 128.00 TOTALS FOR DEC. 69 J 1 • 230.00 ID1~6 F4H .40 "pc PiJS2a . 17 TOTAL FUR DEPORT 8 446.50 875 ~ 61.688.15 I i M f r • -•.-.u++nrw.n=+.~......._.,.aw<vu..aen^rorWwrt~TMk+W=>ru.{ibka+.atia}ti f: JSYd ~%b`~tYl~~l seJ `°'y-5.tt i4+'~,•a,'~7't~Y'~f.`kf~(ek~59~+:'4`f~''kd'}ik'~:~v~vkfk`~4.c4ds~k'"tom:apses;K`'~u+:9'111+'{i~*44A.hYtiaSCy~a'~Ya7.~O~wt.~a?ik.-ldamt~'r~,wP•% 61 Y E t I I 1 i.f CI (IF Li CN 14)14 III UNI[SI ..L COI JiA"I HIJgVlp=y REPUWT OF ~';ALl:6i 11MOM 1011S9 HIM) U//YO FUR F 1NRl. 01 pD5IT1UN OF fli MOW'fH TUTRI. FOR OF'FENbilL 'All-V NUNOGR O1JE4 NU, OF CAB4G AH(U141" ,'bLl. Fl:ILl1 TOTAISi FOR .lUl'i 90 1 f DO TUT'ALSi FOR [4CC, 09 1 ■ •Li1), 01) TOTAL FOR COOP. 01ii4 s ;:o. ON TOTAL FOR RKrcmr 21OH. t< 80.",Ou r , t,:: rrii•k'FGikeirx+tm~s.ww',1,>b~•zara ~#Wad'N'iiA~ir„~.'.re[iU>FiLhYISEsd6'a"11'"f~ei+yti4~"rit+~M`PF'~ht~it~YSai.wfkltas~l~+wt~iu~?~u'Aui+'st°st<.+w~s~si~:i~;~.ciax~rtn-airs.'w.ti%+.+a. w.*~,v,}aa~i+aru=:~.+o..s.,,~r-,. t I I . i i MISCELLANEOUS BILLS H.B. 434 4 Requires automatic suspension of driver's license of person under 21 convicted of DWI; involuntary manslaughter with a motor vehicle while DWI; manufacture, delivery, possession, transportation or use of alcoholic beverages; or manufacture, delivery, possession, transportation of use of a controlled substance, dangerous drug or volatile chemical. If education program is required by judgment, driver's license suspension may continue until program completed. Driver is eligible for occupational license. NOTE: The new law states that fine-only misdemeanors are an exception to the automatic suspension of the driver's license of a minor but lists possession of alcohol by a minor (a fine-only misdemeanor) as being a ground for suspension. H.B. 452 Creates Class C misdemeanor if junkyard or automotive wreaking and salvage yard that is not used exclusively for farm equipment is located within 50 feet of the right-of-way of a public street, state highway or residence. Creates Class C misdemeanor if materials associated with a junkyard or an automotive wreaking and salvage yard, other than one used exclusively for farm equipment, are allowed to accumulate or be stacked to a height { above eight feet from ground level. H.B. 922 Creates Class C misdemeanor for any person who has possession of crime victim information or motor vehicle accident information collected or prepared by law enforcement agency to use the information to contact the crime victim or person involved in the accident or a member of that person's family for the purpose of soliciting business from the person or family. The person in possession of such information may also not sell the information for financial gain: If previously convicted under this statue three or more times, offenses is third degree felony. H.H. 1257 Establishes registration program for professional code enforcement officers under the Texas Department of Health. No registration under this Act until March 1, 1992. After that date, it is a Class C misdemeanor for a person to claim Co be a code enforcement officer or to use a title that claims it if the person is not so certified. 5 j 'r_d { y. H.B. 1431 Vehicles may bLe towed and stored for unauthorized parking in fire lanes, or public highways, and in other regulated parking areas r or facilities. This statute gives the owner a right to a hearing on whether or not there was probable cause to move and store the a; vehicle; procedures are also set out. The JP or other magistrate conducts the hearing in jurisdiction where vehicle is stored; exception in cities with a population of 1.2 million or more (Houston), a municipal court judge must conduct the hearing. t( I H.B. 1496 e; A Where statute provides punishment by fine up to $2,000 for illegal dumping from vehicles, new amendment would increase punishment to Class A misdemeanor if Defendant has previously been convicted of this offense. } ~ H.B. 2055 F# Ch. 822, subch. D, Health and Safety Code Q Added to regulate vicious dogs. owners are required to register, restrain and obtain liability insurance in the amount of a least $100,000 to cover damages from attacks by dangerous dogs. A dangerous dog is one that is designated by the animal control officer because it is outside its required enclosure and makes an unprovoked attack causing bodily injury or commits unprovoked ' acts and caused a person to reasonably believe that the dog will attack and cause bodily injury. Appeal from animal control officer's decision that the dog is dangerous go to the local municipal court or to JP not later than the 30th day the owner is notified that a dog is designated a dangerous dog. Appeal from municipal court or JP is an in other civil cases. sec. 822.044 owner is guilty of class C misdemeanor if dog makes unprovoked attack outside pen and causes bodily injury. If dog causes serious bodily injury or death, owner is guilty of Class A misdemeanor. Convicting court may order dog destroyed. City attorney may file a civil suit to collect a civil penalty not to ; excoed $10,000 which may be retained by the municipality. Sec. 822.045(a) A person who owns or keeps custody or control of a dangerous d64 commits a Class C misdemeanor if the person fails to register, restrain or obtain liability insurance coverage. f Sea. 822.047 Cities may also regulate dangerous or vicious dogs, as long as municipal ordinance is not breed(s)-specific and is at least as stringent as state law provisions. i S' Ati.rw,r J,. a, SYNK4`~t~ i df ;i H.B. 2300 sec. 821.022, Health and Safety Code Amended to authorize municipal courts to issue warrants that r order seizure of animals being cruelly treated. f' sea. 821.024(b), Health and Safety Code Amended to authorize municipal courts to order auction of 'x cruelly-treated animals. Proceeds from sale applied to expenses incurred caring for animals during impoundment. The excess proceeds are paid to the court ordering auction which shall return them to the former owner of animal. S.B. 195 s Added to create the comprehensive Rehabilitation Fund, Funds to be collected through new court costs: an extra $5 court cost on convictions for speeding (Art. 6701d, sec. 166) and } motorcyclists' protective headgear violations (Art. 670lo-3). "Conviction" when sentence imposed, probation or deferred adjudication ordered, or final disposition of the case deferred, City remits 90% to the Comptroller quarterly, but may keep 10% as service fee plus any interest earned. I ;r 7 s t Is a `i ~t 9 y -ll~ l l ~ r%X ~ c ~ I lell,% UHI COSTS AN MM ,.'0019 effective W119I except SctU101 glleld 0039ft plogrem OOSi! Mtkh were diloco a 711191. Chart dose not k0de wow of the "pedal x»io^. ktdkld Law EnlaownKrl , pkff" Operews Schad Ollho► flout Court and 01,110114s Sfendards ComprefeMto11 Judos fed compnhrlelve Cme*g Goord calm ".`Mensal Pcraorxnl a EdmMkw M b Vldkrle d Pkexdng ChRON&s ~ Plays" D W TOW TFUi~ Mwoullifflort dMa Fund Fund LWWW Fund CMy T0111111111100 TOW" j Description rd kltel t Flnd 9m. fc o* vres Art t~ f 14 Art sm MIK d "lli cwtlcooddo mw. ccodo sea, 14", owl. Art ec r 140.051, _ Mlxtkdpel Ordkteeloe NA NA NA MA $o 5 Parking 8 Pedeetrien HA N4 " Otter IAk kow Oro W p to $5 Wo NA 12.50 Prnhhabw by a Ilse of 3200 or leas 1.00 1,60 6.00 5.00 NA NA NA PurAwlable by a Ilse of more tfxet NA NA Z2.50 $200 not exceeft $600 1.00 1.60 15,00 5.00 MA M µA 27.50 Purlkfleble by a hie more aron 5500 1,00 1.50 15.00 10.00 M Simla Law-Art. Mid, Ur l" Traffic Act' Parking IS Padeshlon NA NA NA NA NA NA NA 300 3.00 gpo*V 1100 1150 6.00 600 NA 5.00 NA 3.00 20.50 Speedkfg in ecflod crossing zone 1.00 130 5.00 5.00 kW 5.00 20.00 3,00 40.50 00w In odfooi crosakg zone {lard, p&*ing 1.00 1.50 5.00 5.00 NA h1A 20.00 3.00 35.60 Mar out* adaol Oros** zone t.00 1.60 5.0D 6.00 NA PIA NA 3.00 ts.50 Ps"kq echod bus 0.00 1.50 6.00 6.00 NA NA 20.00 3.00 35.50 1 Slate Law - Arl. e70tc-3, V.T.0.9. NA 17.60 Motorcycle Proleclive Headgear 100 1.60 6.00 5.00 NA 6,00 NA NA NA 67.60 Slate Law - Art. 6701h, V.C.S. Falk" a MaW*& FkW,4W f~por»lbMb 1.00 1.50 5.00 5.00 76.00 NA Stela Lmw arc, 4.26, Education Cade 20.00 NA 3x.60 Tmorlcy 1,00 t.50 600 5.00 NA NA Other CMn C galas f.00 1.60 6.00 5.00 NA NA NA NA 12,60 Il Meal Fes $5.00 tot lseulrq a wrilten notice a appear In calxt kAoN lg 6fe dsNndant's violation of a waft law, rlltrktO ardktarlee, at 9" lacy, or kir nmkktg an a11sel wtttlatA a warranl. when arvke IL parfanted by a peace officer employed by I* state. 20% ($1.00) Is 901111 a the 8181e, warrant Fee ` .$35.00 fa emocutklg at prooemsklg an Issued aft W warrarll or copkls. When service performed by a peace offker employed by 310 stale, 20% 1$7.00) is 90A to ow slr:u. New $3.00 rolxl cis ~epplies to all UTA corwklkxts, not )ust the ones Shown, Preps by are Taxi" Ourtlc~ ColMfs rn* tg Cower, July toot, I ~ • • aHkialY w,z l*>v,. A.wuw.rae..,,rw. ...,e.: _ _ ....-,..r..ww-..~.c~,ts', \ iri.?~3`34'r3149hR15r.a`hs$~thA~A~'Mf~is~N.1b1YLV.Afki7.t=.{ta.1a174~tk4d44f~€l,e~,Afylr13~1!' CSkiS a . r f ti j TEXAS MUNICIPAL COUNT - JUSTICE COURT NIiWS I'ACK 11YO SF:Ivl'F;MRF:R 1991 T~j Y S 1 LI L ~L~ i MUNICIPAL, COURT - JUSTICE COURT COSTS cnwinued NEWS on most traffic tickets to pedestrian or parking S23.75 and S28.75 for offenses speeding tickets. The costs had not been SFP'fEMBER, 1991 VOL. V, NO. 2 None of the costs affect approved at press time. i NEW COSTS SOUGHT SPECIAL SESSION TMCA BOARD IN BEGINS NEW YEAR { Thre^ new court costs go into the general revenue 1 hills have been filed into the fund of the Slate, This is the The new Board of Judge Sylvia Oarcla of First Special Session of the first time a cost has been 72nd Texas f eglslalure. proposed to help balance the Directors of The Texas Houston (Immediate Past special session Hoosc State's financial trouble. Munfelpat Courts Association President), and Dave Bill 11 Includes a new cost Of Special Session House began the new year with a Mahaffey of Greenville S2r50, Bill 17 proposes a $0.25 cost planning meeting held In (Memhership Chair). The $2.511, if passed, will on each criminal conviction Arlington July 18.20, Also participating as so fund death hencfiis for The meeting was returning T,M.C,A. Regional certain public servants. conducted by new T.M.C.A. Directors were Judge Barbara Another hill, Special President Judge Robin Smith Sullivan of Plainview, Judge inside Session House Bill 148, raises of Midland. Burl Solonlons of Carrolton, the Law Enforcement Officer JoiningJudge Smith were Judge Joe Pirtle of Seabrook, New CA Board Judge Mike Smith of and Jude Phil Banks of • Bond Bill Standards and Education ge ' g Vetoed Fund to 5201. It is presently Arlington (President - elect), college Station. f j J,P.'s Civil set at $1.50. Judge Diane Devasto of Tyler Joining as new Board Authority Raised The three court costs, If (Ixl Vice- President), Judge Members were Judge Bonnie approved, would raise costs I.ew Dunn of I..ongview (2nd Sudderlh of Fort Worth, and more t, Judge Bob Vicki Scars of New Umdon, ` [nmmurd an Vice - Presiden) ~roa+ 2 i Richter of Missouri City Judge Otis Moore of Odessa, (Treasurer), Judge Tommie i }tear dd«„xfr,+r Ctin 1•xi.r I'wK N..+ b {•uNwhtd mMihty try ard:, Il. Snih, tAd P.O. Mt 2nM, Mills of Snyder (Secretary), [rmfi/lll[d INI fMAY .r Mwnaiwl,'}tar AM721M, tiaMerlrl~m'lyex 111 fautn)SN. IRllerr lnlM PAnor end Cnr,IriMninnl MnilW. { .A y~*Jsf'H<2.~@1Sit1s.C»5~,~'lklt-fieriall<~:+~N~`ti.[rF'~rH~{"s:'i>'r#„ail,Mri~x='3"''!.^••+~ar•": n...srL.ai.P.w.,-,a~.nu~+.u3~lr+r:aict, ~3osrkt+'ItiFi~IG+.Awte'4i*+ra.d-Un'r a.7k~'N~:t9r` ~S1~tNlr{~~i7sN~aS~ti.LSk+i~u.4lltNsY}} it~+4[fd~JSl45W `