Loading...
Minutes March 15, 198820 CITY OF DENTON CITY COUNCIL MINUTES March 15, 1988 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Ayer, Gorton and Hopkins. ABSENT: Council Members Alexander and Boyd. 1. The Council received an update on the activities of the County Health Department by Dr. Cripe. Dr. Cripe presented the background information of the formation of the County Health Department. He cited the cities involved in the current program and the services provided by the Health Department to the City of Denton. These services included restaurant inspections, immunizations, health clinics and responses to the City's no smoking ordinance. Dr. Cripe also reviewed the services provided to the City that were provided without charge. 2. The Council held a discussion on a request from the Denton Independent School District for annexation of approximately 69.097 acres of land located on McKinney Street approximately 1800 feet east of Mayhill Road. Frank Robbins, Executive Director of Planning, stated that staff had three options to present to Council. Those options included annexing the high school site property plus the property to the west between McKinney Street and Mills Road, annexing approximately 1,174 acres which would close the City limits between U.S. 380, Mayhill Road, McKinney Street and Lake Lewisville, or annexing just the high school site. Staff was recommending annexing the high school property plus the property to the west between McKinney Street and Mills Road. Consensus of the Council was to have staff provide further analysis of the options before a final decision was made. 3. The Council received a report on the revised 1988/89 Affirmative Action Program. Tom Klinck, Director of Personnel, presented an overview and background information on the present Affirmative Action Program. Hope Guajardo, Personnel Specialist, presented the objectives for the program which included management/supervisory updating on the Affirmative Action Program, communication and awareness both internally and externally, recruitment and selection, supervisor and employee training, monitoring the .program and professional development in the program. City of Denton City Council Minutes March 15, 1988 Page 2 Klinck then summarized the harassment training that all City employees had been receiving. Mayor Pro Tem McAdams-stated that she was disappointed in the fact that there were few executive level minority personnel. Although some progress had been made in other areas of the City, upper management was still lacking minority personnel. 4. The Council received a briefing regarding potential legislative priorities forwarded by the Texas Municipal League. Tom Klinck, Director of Personnel, stated that TML was requesting priorities from member cities to be considered during the next legislative session. Klinck presented a list of items that staff had recommended which included providing that the adoption and repeal requirements be consistent, abolishing the use of hearing examiners, allowing for affirmative action plans to be implemented with the approval of the Commission to fill beginning position, providing additional assessment criteria for selection, providing that the alternate promotion system apply to fire departments as well as police departments, providing that the grounds for removal or suspension may include but need not be limited to those listed, providing that the Commission or legislative body be authorized to approve implementation of alternate promotion system, providing that appeals from the commission to district court be limited to indefinite suspensions or demotions, changing the date of discovery to one year as opposed to 180 days, and requiring that the designee must serve 30 continuous calendar days before being eligible for the base salary of a higher position. Consensus of the Council was to accept the list to be presented to TML for consideration. 5. The Council was to hold a discussion regarding legislation that might potentially affect the City of Denton and the possibility of employing outside personnel to assist with that legislation. This item was not discussed. 6. The Council did not convene into Executive Session due to time limitations. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. 21 City of Denton City Council Minutes March 15, 1988 Page 3 PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council Members Ayer, Gorton and Hopkins. ABSENT: Council Members Alexander, Boyd. The Council received a presentation from Mr. Robert Hurlbert from the Veterans Land Board in honor of the efforts the City of Denton had done to provide benefit information for veterans. The Mayor presented the following proclamations: Mental Retardation Week Texas Surveyors Week 1. The Council received a request from the Kiwanis to place a banner across N. Locust at Pecan announcing their annual Children Clinic Garage sale. John Adami, representing the Kiwanis, asked permission to place a banner advertising their annual garage sale April 16 and 17. Placement of the banner would be at Mulberry and Locust Street. Hopkins motion, McAdams second to approve the request. Motion carried unanimously. 2. The Council received a citizen's report from Ms. Billie Johnson regarding the sign ordinance and portable sign regulations. Ms. Johnson stated that she felt that the current ordinance was unfair as it was written. The number of signs was regulated by the way the property was platted. If the property was platted as one piece, only one sign was permitted. However, if the property was platted as several pieces, a sign was permitted for each platted property. She requested an investigation into the current ordinance in order to make it fair for everyone. Lloyd Harrell, City Manager, stated that the request would be referred to the Planning and Zoning Commission which was examining potential revisions in the sign code. Consent Agenda McAdams motion, Gorton second to approve the Consent Agenda as presented. Motion carried unanimously. Bid #9833 - One Ton Cab/Chassis & Suburban Bid 99834 - Pole Treatment and Reinforcement Bid #9835 - Herbicides & Insecticides City of Denton City Council Minutes March 15, 1988 Page 4 B. Plats and Replats Consider approval of preliminary and final replat of Lots 16 and 17 to Lot 17R, Block H, of the Forrestridge Addition, Section III. Consider approval of preliminary plat of the Redmon III Addition, Lots 1 and 2, Block 1. 0 Consider approval of preliminary and final replat of part of Lot 1 to Lot iR, Block 2, of the Southmont Subdivision, Section I. C. Final Payments Consider approval of a final payment to Jagoe Public for Lillian Miller project and the right turn lanes at Lillian Miller and I35 - Bid #9752. 4. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: NO. 88-053 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was considered: NO. 88-054 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 EFFECTIVE DATE. City of Denton City Council Minutes March 15, 1988 Page 5 McAdams motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance establishing rates for commercial sanitation collection services as authorized by Chapter 12 of the Code of Ordinances of the City of Denton. The following ordinance was considered: NO. 88-055 AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR COMMERCIAL SANITATION COLLECTION SERVICES AS AUTHORIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer and Mayor Stephens "aye." Motion carried unanimously. On roll "aye," D. The Council considered adoption of an ordinance 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 Denton. The following ordinance was considered: NO. 88-056 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 DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. Charlie Watkins, Superintendent of Solid Waste, stated that the rate for cars would be $3.00 and $10.00 for trucks. Council Member Gorton stated that he did not like the use of brand names for trucks in the ordinance. He requested a deletion of the name brands listed in the ordinance. McAdams motion, Hopkins second to adopt the ordinance with the revision of the name brands in the ordinance. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes March 1S, 1988 Page 6 25 E. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with the Architectural Collective Inc. for professional architectural services relating to the expansion of the Municipal Laboratory. The following ordinance was considered: NO. 88-0S7 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ARCHITECTURAL COLLECTIVE INC. FOR PROFESSIONAL ARCHITECTURAL SERVICES RELATING TO THE EXPANSION OF THE MUNICIPAL LABORATORY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Gorton motion, McAdams second to adopt the ordinance. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the execution of a supplement to the agreement between the City of Denton and the Texas Political Subdivisions Workers' Compensation Insurance Fund. The following ordinance was considered: NO. 88-058 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS POLITICAL SUBDIVISIONS WORKERS' COMPENSATION JOINT INSURANCE FUND; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. Harlan Jefferson, Risk Manager, stated that this contract would allow volunteers such as elected officials, Board/Commission members to be covered by the City's workers' compensation program if they were injured while providing services to the City. The cost to the premium would be $500.00. Council Member Hopkins stated that she did not feel such a policy was needed. Mayor Pro Tem McAdams felt that the coverage was not necessary. Jefferson replied that the City's responsibility would be reduced if the volunteers were covered under workers' compensation. City of Denton City Council Minutes March 15, 1988 Page 7 Lloyd Harrell, City Manager, stated that if an individual filed a lawsuit against the City, the City would have a higher exposure than if the individual were covered by workers' compensation. McAdams motion, Gorton second to adopt the ordinance. On roll vote, McAdams "ayes" Hopkins "nay," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried with a 4-1 vote. G. The Council considered adoption of an ordinance authorizing the Mayor to execute a contract with Employers Claims Adjustment Services, Inc. for professional services for claims administration. The following ordinance was considered: NO. 88-059 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH EMPLOYERS CLAIMS ADJUSTMENT SERVICES, INC. FOR PROFESSIONAL SERVICES FOR CLAIMS ADMINISTRATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Gorton motion, McAdams second to adopt the ordinance. On roll vote~ McAdams "aye," Hopkins "aye," Gorton '"aye," Ayer "ayes" and Mayor Stephens "aye." Motion carried unanimously. Council Member Hopkins left the meeting with a potential conflict of interest. H. The Council considered adoption of an ordinance authorizing the issuance of City of Denton Contractual Obligations and all other matters incident and related thereto. The following ordinance was considered: NO. 88-060 AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS John McGrane, Executive Director of Finance, stated that this ordinance dealt with the City's lease/purchase program as was discussed at an earlier work session. McAdams motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes March 15, 1988 Page 8 Council Member Hopkins returned to the meeting. I. The Council considered adoption of an ordinance amending Article I of the Chapter 21 "Streets and Sidewalks" of the Code of Ordinance~ of the City of Denton, Texas by the addition of a new section prohibiting solicitation from the occupants of vehicles; and providing a maximum penalty in the amount of $500.00 for violations therefore. The following ordinance was considered: NO. 88-061 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 21 "STREETS AND SIDEWALKS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY THE ADDITION OF A NEW SECTION PROHIBITING SOLICITATION FROM THE OCCUPANTS OF VEHICLES; PROVIDING A MAXIMUM PENALTY IN THE AMOUNT OF $500.00 FOR VIOLATIONS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Lloyd Harrell, City Manager, suggested that the Council consider an alternate effective date of the ordinance. At a previous meeting, Council had granted permission for an organization to solicit from the streets and unless the effective date were changed, that permission would be voided upon the effective date of the ordinance. Mayor Pro Tem McAdams asked if the ordinance would prohibit groups from holding up signs advertising such things as car washes. Debra Drayovitch, City Attorney, replied yes if they were standing on the median or the shoulder. Council held a discussion on whether to delete medians/shoulders from the ordinance so as to not exclude those groups who merely held up signs advertising a fund raiser such as a car wash. Consensus of the Council was to not change the ordinance in that regard. Ayer motion, Gorton second to adopt the ordinance with an effective date of 30 days from passage. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. Lloyd Harrell, City Manager, stated that staff would continue to examine the ordinance as it related to various fund raising activities. City of Denton City Council Minutes March 15, 1988 Page 9 J. The Council considered adoption of an ordinance accepting the proposal of Arkwright Insurance Company for fire and extended insurance coverage for the City's power plant. The following ordinance was considered: NO. 88-062 AN ORDINANCE ACCEPTING THE PROPOSAL OF ARKWRIGHT INSURANCE COMPANY FOR FIRE AND EXTENDED INSURANCE COVERAGE FOR THE CITY'S POWER PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Harlan Jefferson, Risk Manager, stated that three companies had submitted quotes for the insurance coverage. Staff had evaluated the quotes and the services the companies provided and recommended Arkwright Insurance Company receive the bid. Hopkins motion, Gorton second to adopt the ordinance. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. 5. Resolutions A. The Council considered approval of a resolution accepting the Minute Order Number 86816 adopted by the Texas Highway Commission regarding improvements to U. S. Highway 77, from Interstate Highway 35-N to U.S. Highway 380; agreeing to budget and provide for the cost of right-of-way and utility adjustments and $1,000,000 toward the cost of construction and other conditions. The following resolution was considered: RESOLUTION NO. R88-021 A RESOLUTION ACCEPTING THE MINUTE ORDER NUMBER 86816 ADOPTED BY THE TEXAS HIGHWAY COMMISSION REGARDING IMPROVEMENTS TO U. S. HIGHWAY 77, FROM INTERSTATE HIGHWAY 35-N TO U. S. HIGHWAY 380; AGREEING TO BUDGET AND PROVIDE FOR THE COST OF RIGHT-OF-WAY AND UTILITY ADJUSTMENTS AND $1,000,000 TOWARD THE COST OF CONSTRUCTION AND OTHER CONDITIONS; AND PROVIDING AN EFFECTIVE DATE. Rick Svehla, Deputy City Manager, stated that staff had a concern with Item #4 in the Minute Order which said that the City agreed to provide for the cost of all the continuous curb and gutter and storm drainage. That was not the way the Highway City of Denton City Council Minutes March 15, 1988 Page 10 Department had indicated that to the City previously. After several discussions with the Highway Department, they indicated that the Highway's local participation policies would apply, specifically the policy that stated that the State would do curb and gutter and st6rm sewers. Staff also asked John Blaine to write the City a letter to the effect that the State Department of Highways and Public Transportation would be funding the curb and gutter and storm drainage. Debra Drayovitch, City Attorney, stated that if that was the case, the resolution needed to be changed to exclude Item #4 because the City agreed and accepted the condition of the Minute Order which included that Item. Svehla replied that that was why the Highway Department wrote the letter of assurance as well as stating the Department's policies. He felt that the Commission would not accept the resolution if the City deleted Item #4. Mayor Stephens asked what the City's guarantee was if the item was not deleted from the resolution. Svehla replied the policy and statement from the Highway Department. Lloyd Harrell, City Manager, suggested that the letter from the Highway Department be incorporated into the official minutes of the Council meeting so that there was a good record of the response from the State See Exhibit "A" and "B". Staff's recommendation was to no amend the resolution but to try and clarify the point by letter and inclusion of the letter in the minutes. Staff was concerned that if amendments were made to the Minute Order offered by the State, that that may cause a problem with the State. MayOr Stephens agreed saying that the letter of guarantee was from the people who would be controlling the money for the project and controlling the work for the project. The City's exception to items in the Minute Order could offend rather than help. Council Member Ayer recognized the fact that there would be a risk involved with accepting the Minute Order as presented with a letter of guarantee for the other improvements and stated that he would like to know the magnitude of the risk. Svehla replied that it would be substantial, in the area of approximately $200,000 for the curb and gutter with the storm drainage being extra. 3O City of Denton City Council Minutes March 15, 1988 Page 11 Svehla suggested sending a letter along with the Minute Order accepting the Minute Order as presented with the exception of Item #4 as stated in the correspondence from the Highway Department and the poli~ies of the Highway Department. Ayer motion, Hopkins second to approve the resolution. On roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered approval of a resolution temporarily closing Sycamore Street from its intersection with Avenue C to its intersection with the entrance of the parking lot adjacent to McConnell Hall for the purpose of a street dance to be held April 14, 1988. The following resolution was considered: RESOLUTION NO. R88-022 A RESOLUTION TEMPORARILY CLOSING SYCAMORE STREET ON APRIL 14, 1988; AND DECLARING AN EFFECTIVE DATE. Mayor Pro Tem McAdams felt that having the band playing until 1:00 a.m. was too late for a week night and suggested limiting the time. McAdams motion, Gorton second to approve the resolution amending the time limit for outdoor music to 11:00 p.m. On roll vote, McAdams "aye," Hopkins "aye,". Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. e Miscellaneous matters from the City Manager Lloyd Harrell, City Manager, presented the following items: A. Kay Stephens, Mayor Pro Tem - Highland Village, informed the Manager that a meeting had been scheduled with the State Highway Commission for May 16, 1988. He urged all who could work it into their schedules to attend to lobby for approval of the 2499 project. B. Staff had been informed that received a grant for $500,000 for a rental program which would be administered by Development Block Grant Office. the City had rehabilitation the Community There was no Executive Session held during the work City of Denton City Council Minutes March 15, 1988 Page 12 8. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Gorton requested the Manager to have the City Secretary address the issue of group solicitor's permits. 9. The Council convened into the Executive Session to discuss legal matters (update regarding possible litigation involving Dunninck Brothers), real estate (discuss law enforcement/court complex) and personnel and board appointments. No official action was taken. With no further business, the meeting was adjourned at 9:10 p.m. 31 kF~ ~ALTERS SECRETARY CITY OF DENTON, TEXAS RAY STaP%fErNS, UMAYOR CITY O~ DENTON, TEXAS 2892C COMMISSION ROBERT H. DEDMAN, CHAIRMAN JOHN R. BUTLER, JR. RAY STOKER, JR, STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. O. BOX 3067 Dallas, Texas March l, 1988 Control: 195-2 U.S. 77: From U.S. 380 North To I.E. 35E Denton County CI~' OF bEt~r0N ClI'Y MANAGERS OFFICE ! ENGINEER-DIRECTOR R.E. STOTZER, JR. 7522l -3067 IN REPLY REFER TO Mr. Rick Svehla Asst. City Manager City of Denton 215 East McKinney Denton, Texas 75201 Dear Mr. Svehla: Reference is made to your February 25, 1988 telephone request for written confirmation of our Department's interpretation of the meaning of paragraph 4 under City of Denton responsibilities in State Highway and Public Trans- portation Coronission Minute Order No. 86816. The attached letter entitled "New Local Participation Policies" dated January 15, 1988 frorn Mr. Frank D. Holzmann, Chief Engineer, Highway Design, to all District Engineers defines the portion of paragraph 4 that states "in accordance with applicable governing policies and regulations of the State Department of Highways and Public Transportation."On page 2 of 3 under C(1), the policy concerning the assumption of cost of all necessary storm sewer and appurtenances, including curb and gutter by our Department that will apply to the development of U.S. 77 as an urban system project is stated. We trust that this information will satisfy your requirement. Sincerely, Arnold W. Oliver District Engineer ~'JJohn V. Blain, Jr. - District Designing Engineer County District No. DALLAS (18) STATE DEP~RTHE~ ~ PUbLiC T~ MINI 33 1 .cf '~ PaCec RECEIVED WHEREAS, in DENTON COMITY in the CitY of Denton on U.S. HIGHWAY 77, from Interstate High,ray ]5 north of Denton southeast to'1' U.S. Highway 380t a distance of approximately 9.7 miles, a reconstruction project is required; and ~EREAS, the City of Denton has offered to provide one hundred percent of the cost cf right of way and utility adjustments and has offered to provide $1,O00,000 toward the cost of construction; and WHEREAS, this project qualifies for the 1958-92 Urban System Pro,ram (Non-Major UrbanJzed Areas) approved this date by State Highway and Public Transportation Com~nission action; NOW, THEREFORE, IT IS ORDERED that the Engineer-Director directed to tender the followinF proposal tc the ~ity of Denton: Provided the City of Denton will: Provide one hundred percent of the cost of right of ~ay clear of obstrueticns and free of cost to the 'State with acouisition procedures to be in accordance with policies of the State Depart~nt of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. Provide one hundred percent of the cost of utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 3. Provide $1,000,000 toward the cost of construction. 3¸4 DENTON County District 2!o. DALLAS (18) STATE DEPARTMENT OF fFfOI,~aY8 ~ PUBLIC TNANSPO~TATXON MINUTE ORDER Page 2 of ~ Pages e Provide for the cost of construction of continuous curb and gutter, storm sewers, driveways and sidewalks, etc. in accordance with applicable ~overnin~ policies and reHulaticns of the State DePartment-cf Highways and Public Transportation. Upon completion of the construction of this project, maintain that portion of the work which is its responsibility in accordance with federal and state requirements, and agree to regulate traffic and prevent encroachment on the right of way, all in accordance with Foverning policies and regulations of the State Department of Highways and Public Transportation. The State Department of Highways and Public Transportation will: 1. Provide relocation assistance as may be determined to be eligible under the Relocation Assistance Program. 2. Provide for reconstruction. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreements. DEUTON County District No. DALLAS (18) STATE DEPABTMENT OF H~GHWAYS "' AND PUBLIC TRANSPORTATION 35 MINUTE ORDER Page Y of .., 3 Pages Upon acceptance of the provisions of this Minute Order by the City of Denton, IT IS ORDERED that the Engineer-Director is authorized to proceed in the most feasible and economical manner with uroJect development to include any necessary agreements, right of way acquisition, utility adjustments, relocation assistance and reconstruction at an estimated cost to the Department of $5,1~6,0C0 to be funded from the 1988-92 Urban System Program (Non-Major Urbanized Areas). This Order shall become operative upon acceptance by the City of Denton; and if not accepted within t20 days of the date hereof, the action herein contained shall be automatically canceled. Submitted by Examined and recu,~,ended by: (Title) Administrative Assistant Approved Deputy Director Engineer-Director Minute Number Date Passed 86816 JAN 27 88 COMMISSION JOHN R. BUTLER, J~. RAY STOKER, JR. STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION January 15, 1988 State ~.l~t. & Put) Oal!al. Te.as RECEIVED , ,. ENGINEER.OIREC~ #. E. STO?ZER .-._, REPLY REFER TO SOBJECT: TO: Dear Sir: NEW LOCAL PARTICIPATION POLICIES ALL DISTRICT ENGINEERS At the January Commission meeting the Highway Commission is expected to approve the 1988-92 Urban System (Non-Major Urbanized Areas) Program. Shortly thereafter you will be receiving tender minute orders for the local governments where local Participation is involved. The applicable Department policies for local participation that will be in effect for this program are outlined in the attachment to this letter. These policies are presently being advertised for comments in the Texas Register and have not yet been approved. You will be notified as soon as the policies are adopted. Should you have any questions, please contact Mr. Billy Rogers, Highway Design Division, TexAn 258-8220. Attachment cc: Engineer-Director Deputy Engineer-Director Deputy Directors Internal Review and Audit ~t.,General Counsel , Sincerely yours, Chief Engineer, Highway Design Dist. Pngr. Action _ ~_ sst. Dist. Engr..~[~f/~..__~ Advise _ Const. Engr. ~ Comment /~,gn, Engr, "~.~;~----.----.I Prep Ans. -:"- Adm. Engr..-------,--------__1 Note-tin. Maint. Engr. ~ See O. E. F. . ..y / / "S{ate Oepartment of Highways and Public Transportation Oesign Otvtsion Page ! of 3 SI1.41 Responsibilities of Local Governmental Units in Construction. (al Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise: (1) Nonstate numbered routes - those routes placed on the state highway system only for the duration of construction. (2) State numbered routes - those state numbered routes designated as a part of the state highway system, except those routes temporarily placed on the system for the duration of construction. (b) Nonstate numbered routes: (1) For municipalities less than 200,000 population where it is desired to construct an urban section with curb and gutter along facilities without full control of access, the department will provide for the construction or widening of pavement and its support. The local governmental unit(s) will furnish curb and gutter, storm sewers, driveways, sidewalks, except where curb and gutter, storm sewers, driveways and sidewalks are existing, and other features that affect property owners and dwellers within the limits of the locality. Usually the participating local governmental unit will be a municipality with construction within a city limit. Where desired, a county may desire to participate in the cost of curb and gutter, storm sewers, etc., usually as an economic substitute for the wider right-of-way required to develop a rural section. (2) In municipalities of 200,000 population or more for federal-aid urban system construction the municipality shall be responsible for the cost of the match portion of all federal-aid eligible construction and for total cost of all non-federal-aid eligible construction. 37 State Department of Highways and Public Transportation Oestgn Oivtsion Page 2 of'3 .. (3) Where this type of work is proposed in a municipality, the department ~ll enter into an agreement with the city involved outlining construction responsibilities. (4) The local governmental unit usually discharges its obligations through inclusion of such work in the state's contract with participation in costs established by escrow agreement. (c) State numbered routes: (1) On all state numbered routes, including controlled access and noncontrolled access highways, both interstate and nontnterstate, the department will provide the cost of all necessary storm sewer and appurtenances, including curb and gutter, to be constructed within the highway right-of-way as well as outfall costs for all natural drainage that reaches the project. In the event the local governmental unit involved expresses a desire to join the department in the drainage system in order to divert drainage into the storm-sewer system, ~he local, governmental unit shall pay for the entire cost of collecting and carrying the diverted water to the state's system and shall contribute its proportional share of the cost of the storm sewer and outfall based on the cubic feet per second of additional water diverted to the sewer when coak~ared to the total cubic feet per second of water to be carried by the sewer and outfall. The local unit of government requesting the drainage diversion shall indemnify the state against damages or claims for damages resulting from such diversion. (2) The department will also provide for sidewalk construction on state-numbered routes under the following conditions: (Al when replacing existing sidewalk; ;'.,. '~t~te Department of Highways and Public Transportation Design Otvtston Page 3 of 3 39 (B) where htghwax construction severs an existing stdewalk system, the state wtll make connections within highwax right of wax to restore stdewalk systea conttnuttx; and (C) where pedestrian trafffc is causing or is expected to cause a safety problem to the'traveling public, sidewalks may be provtded by the state.