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.