Minutes January 23, 1996164
CITY OF DENTON CITY COUNCIL MINUTES
January 23, 1996
The Council convened into a Closed Meeting on Tuesday, January 23,
1996 at 5:15 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, and Miller.
ABSENT: Council Member Young
The Council considered the following in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
Considered and discussed defense of and the
settlement of RPS Ventures, Inc., et al v. City of
Denton and Webber and Barnes v. City of Denton
pending in the 362nd District Court under Section
551.071 of the Open Meetings Act.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Co
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
Council Member Young arrived during the Closed Meeting.
The Council convened into a Work Session on Tuesday, January 23,
1996 at 5:30 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council received a report, held a discussion, and provided
direction regarding the Economic Development Transition Committee
recommendations.
Harry Hall, Chair-Economic Development Transition Committee, stated
that the Committee had presented an initial set of recommendations
to the Council and would be presenting them to the Chamber of
Commerce Board of Directors in the near future. As suggested, they
had employed the services of a professional consulting firm
specializing in economic development practices, trends and issues.
The set of recommendations included (1) the City Council consider
the adoption of a charter to create an economic development
corporation funded by a local sales tax collection as authorized in
Section 4A, Article 5190.6 of the Revised civil Statutes of Texas.
That recommendation would be consistent with the findings of the
Fantus and the vision for Denton Work Action Group. The focus
needed to be to create and maintain jobs and job opportunities as
well as expand and diversify the local tax base. Their research
over the past few months indicated that a 4A sales tax was the best
option to consider because of its proven flexibility over and above
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January 23, 1996
Page 2
165
typical marketing programs° If approved as recommended, the 4A
corporation could assist private developers; purchase and sell
property and buildings; assist with employee relocation; provide
training; offer financial incentives; and extend infrastructure
such as water and sewer lines and road access to appropriate
commercial/industrial areas. The Committee specifically
recommended the 4A corporation versus 4B because it was very
focused on actual helping expand the tax base and on creating jobs.
General community projects could be adequately funded through the
Capital Improvement Programs. Denton could not compete with other
communities with unlimited resources to offer through their sales
tax. Denton was losing out and falling further behind on economic
development. (2) The Council should appoint a five person Board of
Directors to expedite adoption of by-laws, proposed budgets,
marketing and general policies. (3) Call an election for the
purpose of increasing the local sales tax rate by % of 1%. These
funds would be dedicated to the administration of a 4A Economic
Development Corporation. The Committee knew that there were many
other corresponding issues which needed to be addressed and they
would help the Council if so desired.
Cott motioned, Young seconded to create an ordinance to create an
economic development corporation and to authorize a sales tax
election to fund the activities of the economic development
corporation.
Council Member Miller stated that this item was listed as a
discussion item.
Mayor Pro Tem Biles felt that Council Member Cott's motion was an
improper motion as the Council was in a work session. Council
could not take action on a motion to establish or create those
entities but could direct staff to prepare information.
Council Member Krueger stated that the agenda indicated "provide
direction" regarding economic development and that direction would
be whatever the Council decided to provide. He did not have a
problem with creating the corporation and did not have a problem
with proceeding. He felt the Council might be moving too fast
towards calling an election and might need to slow down regarding
an election for a ½ cent sales tax. It would take more than 8
months to prepare for that matter.
Council Member Young stated that Council Member Cott gave staff
direction to recommend the economic development corporation and the
City call and conduct an election on August 10, 1996 which was a
uniform election date. The Council had been working on this for
%wo years. Den%on was behind other communities which had already
Passed such an issue.
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January 23, 1996
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Mayor Castleberry suggested placing this item on the agenda for the
second week in February for further discussion. He felt Council
was moving too fast on the issue.
Council Member Brock stated that she was concerned about the stages
for development and at what point there would be public hearings on
the matter. Anything of this magnitude deserved public input as it
was asking citizens to vote for a new tax.
Mayor Pro Tem Biles felt that it was critical to move forward to be
competitive. Before there was an election, the Council needed to
carefully consider the issue. If Council Member Cott's motion was
to direct staff to immediately prepare an ordinance to form the
corporation and to establish a date for an election, then he would
have to vote against the motion. His alternative motion would be
to direct the City Attorney, the Acting City Manager and the
Executive Director for Finance to return in two weeks at a work
session to fully explore the issue. He felt there would be a
greater chance to succeed if the public participated in the
process.
Mayor Castleberry asked if Council Member Cott would like to change
his motion.
Council Member Cott stated no.
Council Member Miller asked if the Transition Committee was
recommending that the corporation board be formed at this time or
wait until after the proposed election.
Hall stated that it was the recommendation to form the 4A
corporation at this time.
Council Member Miller asked how the Transition Committee felt about
the corporation going into the ownership and buying of land for an
industrial park versus leveraging the private sector to work in
partnership with the corporation.
Hall felt that it was the intent to have the private investors act.
However, if the private sector did not act, the economic
development sales tax should come into play.
Council Member Miller ~sked how work force issues would be
considered with the use of the economic development funds.
Bill Shelton stated that the emphasis of the committee was more on
organization rather than programming at this point in time.
Council Member Krueger asked that the motion be repeated.
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Page 4
167
Council Member Cott stated that his motion was to immediately
prepare an ordinance creating a charter for an economic development
corporation and the work necessary for a sales tax election to fund
the activities of the economic development corporation.
Council Member Krueger stated that when Council directed staff to
prepare an ordinance, that did not create an avenue for public
hearings. He did not believe two weeks would make a difference.
He was ready to begin the process.
Council Member Young stated that Denton citizens were tired of
having to drive to Dallas/Ft. Worth for a decent job.
Mayor Pro Tem Biles stated that he had not heard any discussion
about the reason why or why not to discuss a 4B corporation. He
had not heard any discussion, in work session format, as to what
was the validity for particular uses and had not heard any
justification as to why Council needed to start so soon. He could
not support the motion as he was not sure what the Council was
directing staff to do. He felt Council needed to have a work
session to discuss the issues.
Mayor Castleberry stated that he was against the motion but was not
against economic development. He felt the Council would be moving
ahead too fast on the issue.
Council Member Brock stated that she had a list of questions
regarding the issue and wanted time to review the issue carefully.
Anything of this magnitude deserved a thorough examination. It
would bad public relations if done in haste.
Council Member Miller stated that he was opposed to the motion on
the basis of the target date of August 10, 1996. He felt there was
a need for a better discussion and understanding of the issue.
This was to not delay the issue but felt that a work session on the
issue was needed for more discussion.
Council Member Cott asked what was the first possible election
date.
Shelton replied May 6th.
Council Member Cott asked for the timeframe for the election.
Shelton replied the recommendation was for a ten week campaign.
Mayor Castleberry stated that if this were done in a work session
the Committee would b~ available for questions.
Council Member Krueger expressed a concern regarding the process.
The Committee was here and the meeting was posted as a work
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City of Denton City Council Minutes
January 23, 1996
Page 5
session. Why wait two weeks to ask questions as the Committee was
here now and prepared to answer any questions the Council had.
Citizen input would happen with the consideration of an ordinance.
Council Member Miller stated that the item was opened with a motion
and not with discussion. There was a motion on the floor and the
prior discussion was about the motion. The entire discussion had
been regarding the motion and not about the issues.
Council Member Krueger stated that as he understood parliamentary
procedure, an item was not discussed until a motion was made and
then seconded. He felt that the motion and second was in order but
also felt that a work session was a time to discuss an item.
Council Member Young stated that this was an issue during his
election and the Council needed to proceed with the issue. The
Council was following the voters instructions which were to create
the industrial parks so that Denton would be on equal footing with
other cities.
Council Member Cott withdrew his motion.
Biles motioned, Brock seconded to direct the Acting City Manager,
the city Attorney, and the Executive Director for Finance to
prepare for Council for consideration at a work session two weeks
from this evening, information on the 4A recommendations of the
Economic Development Transition Committee. Likewise information
regarding the contrast and comparison with the 4B sales tax and a
4B corporation and the uses to which each could be put to. These
three individuals would also prepare for Council a proposed agenda
for public hearings to be conducted with a review of a time line in
preparation for the August 10th date but also apprise Council of
the other available election dates, both before and after August
10th. A comparison would be made between the recommendation of the
Economic Development Transition Committee and the Vision Work Group
recommendations that the City had been sponsor of along with the
Chamber and other entities in the City so that Council would have
an understanding of the full scope of the issue of economic
development in the context of the recommendations received this
evening and of the 4A and of the 4B and also how Council could
proceed towards an orderly approach of the election date.
Council Member Cott stated that such a motion was why industry in
this community did not trust city government. At motion like that
excluded them completely and indicated that there was no
understanding of what was going on.
On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
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Page 6
Council Member Brock asked if Council could continue to ask
questions at this point in time.
city Attorney Prouty stated that there would be no problem to
continue to ask questions.
Carl Anderson stated that the Transition Committee was given a
charge and they did what they thought was the best of their
ability. The Committee was not trying to push the issue but they
did feel it was critical to move as surrounding communities were
already passing this issue and Denton not able to compete with
economic development.
Mayor Pro Tem Biles left meeting.
Council Member Brock stated that she had many questions and wanted
to understand all of the issues before proceeding. She felt that
the public would be concerned about accountability. This proposal
would take money from the public and turn it over to an economic
development corporation. She questioned who would be accountable
to the public on the way the money would be spent. There were
safeguards in place such as the Council appointed the Board, the
public could petition for an election to disband the Corporation if
it not like what the Board was doing. The Board served at the will
of the Council and the public could indirectly control the Board.
The Council could itself call an election to disband the Board.
She asked what were other accountability issues and how did an
economic development corporation gain the trust of the public.
Ed Smith stated that it was a great concern of the Committee to
have a system which would be best for the taxpayers. The city
Manager, city Attorney and Finance Director were in charge of all
funds collected by the economic development sales tax. Those funds
could not be spent without direction and an annual budget. The
charge for the Committee was to recommend whether to have an
economic development corporation. The Committee also recommended
that the Council appoint the members of the Corporation for the
purpose of by-laws and structure. At this point in time, the
Committee did not have any authority to implement anything.
Council Member Brock asked if the economic development corporation
wanted to buy property and do buildings, would that have to go to
Council for approval.
Smith replied yes as the Corporation would not want to compete with
the private sector.
Mayor Pro Tem Bile~ returned to the meeting.
smith continued that the economic development corporation wanted to
make recommendations as to what was good for the City. The
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Page 7
Committee was only asking for additional direction to go on to the
next step to create the by-laws and structure of the corporation.
Council Member Brock wanted to be sure the economic development
corporation had a level playing field and would not get into the
development business.
Smith replied that that would not be as the Council would have to
approve the projects. The Committee wanted a structure which would
always handle the funds appropriately. The Committee needed
direction and could not go any further without direction. If there
was not going to be an economic development corporation, then the
Committee needed to stop wasting time looking at other cities. The
Committee's recommendation was to form an economic development
corporation and to fund the corporation with a ½ cent sales tax.
The Committee had not made any other recommendations than those
two.
Council Member Brock asked if this would be part of what would be
presented to the voters.
Smith replied correct. With a 4A corporation, the money could not
be used for anything else than for jobs and economic development
for the citizens of Denton. The 4B corporation had areas of
discretion where the money could go.
Council Member Krueger understood that the Committee spent many
hours deliberating on whether to recommend a 4A or 4B corporation.
The Committee's recommendation was to only consider a 4A
corporation.
Hall replied correct.
Council Member Krueger questioned why the Council would waste time
directing staff to consider looking at a 4B corporation when the
Council appointed a Committee to make recommendations to the
Council. Why would the Council waste time looking into an issue
the Committee had already considered.
Council Member Brock felt it was necessary for the Council to
examine the issue just as it did with other boards or task forces.
She did not know of any other group the Council automatically
accepted what they did without even asking any questions.
Council Member Krueger stated that the Council basically rubber
stamped what the CIP Committee presented. They called the date of
the election and Council agreed. This field of professionals were
presenting their recommendations and the Council was not agreeing
with them.
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171
Council Member Miller agreed with Council Member Krueger on this
aspect. He did not feel it was a good idea to do another study on
4A and 4B. If the Council wanted to consider the 4A/4B issue, the
Council needed to hear what the Committee felt rather than have
another independent study.
Council Member Young stated that this was a business issue and
could have taken care of at this meeting. It ~as his opinion that
everything had already been discussed because of the voter's
instructions.
Richard Hayes stated a question had been asked about the dates of
an election. There were only three dates which were allowed during
this presidential election year - January 20th, May 4th, and August
10th. In regards to the question on checks and balances, the
Council made the appointments to the Board of Directors, the budget
had to be approved by the Council and the expenditures cleared
through the city Council and all City Council members would be ex-
officio members to the Board of Directors. A 4A corporation was
strictly economic development. A 4B corporation was economic
development plus other areas such as sports facilities, parks, and
other types of public amenities. With the very excellent CIP
process of the city, it was not necessary to address public
improvement needs.
Council Member Brock stated that some cities had recently passed a
special sales tax to be applied to police force. She asked if that
came under 4B or was that something else.
Hayes replied that it was under a separate piece of legislation.
Council Member Young left the meeting.
Council Member Miller stated that favorable consideration of the
proposal by the Council would set in motion, the process for an
economic development corporation, a five member board to the
corporation. He assumed Council would think about a sales tax
election on August 10th. At every step of way, the Board of
Directors would return to Council with by-laws which would be done
in open session and public input at that time and accept or reject
the by-laws and recommendations at that point in time.
Hall replied correct. That was the reason for the formation of the
corporation. The corporation at this point in time was unfunded
and the corporation would then develop the by-laws which would
develop checks and balances.
council Member K~ue~e~ left the meeting.
Council Member Miller stated that one of the critical issues was
the issue of whether to have a 4A or 4B corporation. Council would
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City of Denton City Council Minutes
January 23, 1996
Page 9
need the input so as to decide at the next meeting which
corporation to recommend.
Hall stated that if Council had specific questions of this
committee to let him know in advance so that the committee could
respond to those questions.
Council Member Young returned to the meeting.
2. The Council considered and gave staff direction on continuing
the waiver policy for the Parks and Recreation programs.
Council Member Cott left the meeting.
City Attorney Prouty stated that staff had surveyed other cities in
the area as to the question of continuing the waiver policy. Most
of the area cities required a waiver or release for any injuries
which were caused by or incurred by the children who were
participating in the programs. The staff revised the release form
based on the information received from the survey. The first
paragraph indemnified and held the city harmless for any injuries
caused to third persons or property by the minor participating in
the program. The release would be signed by the parent or
guardian. The second paragraph was a release for any injuries or
damages which might occur to the child participate in the program
including any claims or damages arising from the negligence of the
City or any of its employees. A new provision in the release was
that when a minor reached an adult age, the minor had the ability
to repudiate the release. The parent would be required to
indemnify the city against the minor's repudiation of the release.
A provision was continued which authorized the city to photograph,
televise or sound record any athletic events a child might
participate in. It also allowed the City to provide medical
services and care to an injured child. In order to do this, the
release form had to be notarized as the medical facilities would
not render medical care unless the release form was notarized.
Staff was recommending that the City continue the current policy of
requiring such a release to participate in Parks and Recreation
programs and would recommend that the Council adopt a new release
form similar to the one proposed.
council Member Cott returned to the meeting.
Council Member Miller asked about the difference between the
current and proposed release form.
City Attorney Prouty stated that the present release form did not
have some of the language regarding no indemnification by the
parent in the event a minor repudiated the release. The language
with regard to indemnification and hold harmless was not as
complete as what was proposed.
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January 23, 1996
Page 10
173
Council Member Krueger returned to the meeting.
City Attorney Prouty stated that the current forms were not
notarized.
Council Member Miller asked if the Parks staff would handle the
notarization of the forms.
Ed Hodney, Director of Parks and Recreation, stated that he had
expressed a question about whether it would be logistically
possible to have each form notarized. If the City required
notarization on all waivers, it might reduce the number of
participants in the program and might be perceived as an
inconvenience. He had to rely on the City Attorney to decide
whether or not a notary signature was critical as far as the waiver
of liability was concerned.
Council Member Miller asked if other cities required notarization
of their waivers and had there been a problem in not notarizing
these in terms of receiving medical care.
Hodney stated that most of the cities in the survey did not require
the forms to be notarized. He did not know the response from the
hospitals.
City Attorney Prouty stated that most other cities did not require
notarization. Courts were very skeptical and were quick to set
aside release forms, especially when trying to release the rights
of a minor, and the notarization would show that the form was
signed by the parent and gives a seriousness to the form. There
were certain medical facilities which would not render medical
attention to a minor without some sort of release from the parent
without being notarized. There might be some reduction in
participants if notarization was required.
Council Member Miller felt that if the majority of other cities did
not require the notarization and if the programs were working well
without, he did not want to add a stricter requirement to the
process.
Council Member Cott stated that he understood that no adult could
give away the rights of a minor under any circumstances.
City Attorney Prouty stated that that was one of the problems with
the former release. The minor had the right to repudiate when he
reached majority. That was why the third clause was included in the
form and put the parent on the line.
Mayor Pro Tem Biles stated that a child's biological parent was the
child's natural guardian of person of the child and not of the
estate of the child. There was a different set of issues than a
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city of Denton city Council Minutes
January 23, 1996
Page 11
complete waiver of child's property rights, a child's right to
inherit and a child's right to proceed against action. The Texas
Health and Safety Code required that any power of attorney for
designation of an agent for health care decisions must be sworn.
If the notary was removed, the City would not have the right to
transport a child to a hospital. The solution might be to include
language on the form that it was valid and accepted only when fully
executed and notarized. The form could be notarized for no charge
at City Hall, City Hall West, the Municipal Complex as well as at
the recreation centers.
Mayor Castleberry asked if it would be possible for the Parks
employees to become notarized.
Hodney stated yes that it could be done. It might be difficult to
have a notary at every facility for all the hours that the facility
was open.
Mayor Castleberry stated that most of the registration was done in
a day or two.
Acting City Manager Svehla stated that notaries could be present at
given hours at the facilities.
Council Member Krueger stated that the registration was not done
just at the recreation centers. There were several days when
registration was done at the Mall. The City employees could not be
at all places at all times. The DISD did not have a form such as
this to address children in school. When a sentence was included
against the negligence of the City, it was not protecting the
rights of the citizens. The context of the form did not protect
citizens. He felt the responsibility of the City was to provide
good care for its citizens and their children and not disclaiming
responsibility if the city made a mistake.
Council Member Young stated that this waiver would not stand up in
court. He liked the notary provision and the ability to have a
child taken care of when medically needed. The waiver was more
restrictive but felt that it would not stop individuals from
participating in programs.
Council Member Miller asked if the city was not treating children
who were injured.
Max Blackburn, Risk Manager, stated that in every case where there
was an injury, the City had either called for an ambulance or taken
care of the child.
Council Member Miller asked if this had caused a problem for the
City up to this point.
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January 23, 1996
Page 12
Blackburn stated it had not caused a problem up to this point but
up until now a wavier was required even though the waiver was
insufficient.
Council Member Miller questioned the need for notarization of the
form.
Mayor Pro Tem Biles stated that other cities might not do this
procedure and Denton might not have required it up to this point in
time, but that did not make the prior release forms legitimate or
binding. He felt it was an insufficient document if it was not
notarized.
City Attorney Prouty stated that releases like this were challenged
and felt that notarization added legal sufficiency to the release
form.
Council Member Miller stated that the release form would have to be
notarized or the individual could not participate in the program.
Would current participants in the programs have to notarize a
statement. He asked if there was a wavier for pre-adults and was
it currently required to be notarized.
Hodney stated that it was not currently notarized.
City Attorney Prouty stated that the Council's first consideration
was if it wanted the release at all. The second point was did the
Council want a legally sufficient document. The proposed release
would cover the legal issues. The current form would not stand up
in a court proceeding.
Council Member Krueger stated that the city better be prepared to
sign up everyone who walked in the doors of the recreation centers
if the forms had to be notarized. If a light fixture was loose and
looked dangerous and an individual informed the building attendant
that it was dangerous and then the light fixture fell on someone
who had signed a release form, would the City still could be sued
so what good was the form.
city Attorney Prouty stated that in the release form, the parent
for the child was releasing any injuries caused by the city's
negligence. One possibility was to separate the medical
authorization and the photographic authorization on the back of the
form. The remainder of the release would be signed without
notarization. There would be two forms. The release form without
the notarization would not give it the same legal standing and
would subject it to more of a risk to be set aside.
Mayor Castleberry stated that that could complicate it and one form
would be less confusing.
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City of Denton City Council Minutes
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Young motioned, Brock seconded to accept the release as it was
proposed. On roll vote, Miller "nay", Young "aye", Cott "aye",
Krueger "nay", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried with a 5-2 vote.
Mayor Castleberry stated that the consensus of the Council was to
add a set of instructions to the back of the form.
3. The Council received a report from the Parks and Recreation
Department on the I.M.A.G.I.N.E. program and viewed a video.
Ed Hodney, Director of Parks and Recreation, stated that the Denton
Parks and Recreation program had recently re-examined its mission
and in doing so, realized that the purpose of the program was
changing and was more in community services. The Parks Department
worked with other agencies such as the School District, social
services agencies and the I.M.A.G.I.N.E. program reflected the
gradual shift to a broader, more useful mission for the City.
Brenda Burton, Children Program Supervisor, stated that the City
had received a donation from the Ruth Anderson estate with the only
stipulation to use the funding for youth at-risk programming. The
program was designed for teens from 14-17 years of age which would
help broaden their horizons. The teens selected were recommended
by community leaders, people within the School District, and
churches. The teens participated in community service projects,
fund raisers, and cultural activities. Throughout the year they
worked on a point system to earn points toward a trip to
Washington, D. C. Eight teens completed the program and those
eight went to Washington, D.C. All the teens maintained or
improved their grades in school, expanded their social circle and
became more outgoing.
A video was shown detailing the program.
4. The Council received a report and held a discussion regarding
the 1996-97 City Council budget priority questionnaire.
Jon Fortune, Chief Finance Officer, stated that the questionnaire
was used to provide staff input from Council regarding budget
development for the upcoming fiscal year. He asked if Council had
any new service areas to include or to delete any service areas on
the list.
Council Member Cott asked when Vision put in their priorities.
Acting City Manager Svehla stated that the majority of the vision
projects that involved any kind of capital would be in the CIP and
Council already had recommendations on those. The rest of the
Vision projects involved staff time.
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January 23, 1996
Page 14
177
Council Member Krueger stated that Denton County was the only law
enforcement agency which covered auto theft. He understood that
there was grant money available for cooperative ventures with other
entities. He would like that put on the survey plus children
oriented safety programs.
Mayor Pro Tem Biles suggested including infill policy development,
university relations and policy coordination development with other
entities in the City.
Council Member Brock questioned the priority response ratings of 1-
7. She felt that there was a misunderstanding about what should be
in that column. There was a need to sort out the understanding of
that column. Initially it was interpreted on how important was the
City effort in that area. Before the Council completed the
questionnaire, there was a need to understand how to complete that
column.
Mayor Castleberry felt that that column indicated that if a Council
Member was satisfied with the current situation, it would be given
a "four". If there was not enough effort, "increase effort" would
be marked.
Council held a discussion on the interpretation of how to complete
the last column on the questionnaire.
Mayor Castleberry stated that staff would change the wording on how
to interpret that column.
Following the completion of the Work Session, the Council convened
into a Special Called Session.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council considered approval of a resolution authorizing
the City Manager to execute an agreement with the Department of
Transportation, United States of America, for a grant under the
Urban Mass Transportation Act of 1964, as amended.
Joseph Portugal, Assistant to the City Manager, stated that this
resolution would authorize the City Manager to execute the
agreement with the Department of Transportation for a grant.
The following resolution was considered:
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City of Denton City Council Minutes
January 23, 1996
Page 15
NO. R96-005
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES
OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION
ACT OF 1964, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
Miller motioned, Young seconded to approve the resolution. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
2. The Council considered adoption of an ordinance permitting and
regulating the construction, maintenance and use of a long distance
telecommunications system by Worldcom Network Services, Inc.
across, over and under certain highways and public rights-of-way of
the City of Denton.
Herb Prouty, City Attorney, stated that this ordinance settled a
dispute with Worldcom Network Services, Inc. for use of the City's
right-of-way for long distance telecommunication services. The use
was limited to long distance telecommunication services. The
agreement had a 25 year term with the option to renew for another
25 years. The compensation was a one-time $10,000 payment and a
$1.15 per linear foot fee based on 9,882 linear feet. The fee
would be escalated each year by a price formula.
The following ordinance was considered:
NO. 96-019
AN ORDINANCE PERMITTING AND REGULATING THE CONSTRUCTION,
MAINTENANCE AND USE OF A LONG DISTANCE TELECOMMI3NICATIONS
SYSTEM BY WORLDCOM NETWORK SERVICES, INC. ACROSS, OVER AND
UNDER CERTAIN HIGHWAYS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF
DENTON; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL
PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
3. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for the purchase of
materials, equipment, supplies or services.
Acting City Manager Svehla stated that both Items 3 and 4 were on
the last agenda. They were pulled from that meeting as they were
City of Denton City Counc~i~!~i~U~
January 23, 1996
Page 16
179
on the wrong ordinances. Both items were for purchases for the
fleet. They were the low bid on the State contract.
The following ordinance was considered:
NO. 96-020
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "nay", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
4. The Council considered adoption of an ordinance awarding a
contract for the purchase of materials, equipment, supplies or
services by the State Purchasing General Service Commission.
The following ordinance was considered:
NO. 96-021
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BID BY THE STATE
PURCHASING GENERAL SERVICE COMMISSION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR ANEFFECTIVE
DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "nay", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
With no further business, the meeting was adjourned at 9:00 p.m.
~ITY 'SECRETARY
CITY OF DENTON, TEXAS
ACC002E6