Minutes January 28, 199732O
CITY OF DENTON CITY COUNCIL MINUTES
January 28, 1997
The Council convened into a Closed Meeting on Tuesday, January 28, 1997
at 5:15 p.m. in the civil Defense Room of city Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley,
Biles, Cott, Durrance, and Young.
ABSENT: None
1. The Council considered the following in a Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec.
551.074
The Council convened into a Special Called Meeting on Tuesday, January
28, 1997 at 6:00 p.m. in the Council Chambers of city Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley,
Biles, Cott, Durrance, and Young.
ABSENT: None
1. The Council considered approval of a resolution authorizing the
dissolution of the Economic Development Corporation of Denton, Inc.
("EDC"); assuming the EDC's contract with the Denton Chamber of Commerce
for economic development services and any other obligations of the EDC;
directing the City Attorney to file Articles of Dissolution with the
Secretary of State; authorizing the Mayor and city Secretary to sign
said Articles of Dissolution; and authorizing all other things necessary
to dissolve the EDC.
City Attorney Prouty stated that this resolution authorized dissolution
of the Economic Development Corporation by authorizing the Council to
execute Articles of Dissolution which would be filed with the Secretary
of State. Upon the Secretary's of State issuance of a Certificate of
Dissolution, the Economic Development Corporation of Denton, Inc. would
be dissolved. In addition, it authorized the Council to assume the
current EDC contract with the Denton Chamber of Commerce for economic
development purposes. The Economic Development Corporation Board had met
this afternoon and passed a similar resolution of dissolution.
The following resolution was considered:
NO. R97-004
A RESOLUTION AUTHORIZING THE DISSOLUTION OF THE ECONOMIC
DEVELOPMENT CORPORATION OF DENTON, INC. ("EDC"); ASSUMING THE EDC'S
CONTRACT WITH THE DENTON CHAMBER OF COMMERCE FOR ECONOMIC
DEVELOPMENT SERVICES, AND ANY OTHER OBLIGATIONS OF THE EDC;
DIRECTING THE CITY ATTORNEY TO FILE ARTICLES OF DISSOLUTION WITH
THE SECRETARY OF STATE; AUTHORIZING THE MAYORAND CITY SECRETARY TO
SIGN SAID ARTICLES OF DISSOLUTION AND AUTHORIZING ALL OTHER THINGS
City of Denton City Council Minutes
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321
NECESSARY TO DISSOLVE THE EDC; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Biles motioned, Brock seconded to approve the resolution plus
incorporate the changes as prepared by the City Attorney and that the
assumption of the contract with the Chamber of Commerce would be
extended at the present level of funding through September 30, 1997. On
roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously.
2. The Council considered approval of a resolution accepting the
resignation of the Board of Directors of the Economic Development
Corporation of Denton, Inc.; and expressing appreciation for these
Director's service.
Mayor Miller stated that the Council had received the resignations of
the Board Members on January 21, 1997.
city Attorney Prouty stated that the resignations would be effective
when all actions were completed necessary dissolve the Corporation.
The following resolution was considered:
NO. R97-005
A RESOLUTION ACCEPTING THE RESIGNATION OF THE BOARD OF DIRECTORS OF
THE ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC.; EXPRESSING
APPRECIATION FOR THESE DIRECTORS' SERVICES; AND PROVIDING AN
EFFECTIVE DATE.
Beasley motioned, Durrance seconded to approve the resolution.
The Council Members thanked the members of the Board for their work and
for the voters who took time to make their wishes known.
On roll vote, Beasley "aye", Brock "aye" Cott "aye"
Young "aye", Biles "aye" and Mayor Miller "aye".
unanimously.
Durrance "aye",
Motion carried
Following the completion of the Special Call Session, the Council
convened into a Work Session at which the following items were
considered:
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley,
Biles, Cott, Durrance, and Young.
ABSENT: None
1. The Council received a presentation of the Comprehensive Annual
Financial Report for the year ended September 30, 1996.
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city of Denton City Council Minutes
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Page 3
Kathy DuBose, Executive Director for Finance, stated that George Scott
of Deloitte and Touche would present the report.
Mr. Scott stated that several documents had been distributed to Council.
The audit was performed in accordance with generally accepted auditing
standards and with generally accepted federal auditing standards. A
variety of tests were performed to make sure that the financial
statements of the City were not materially misstated. In the firm's
opinion, the City's financial statements presented fairly the financial
position of the City as of September 30, 1996. A second document was
the single audit report which addressed a variety of compliance issues
with federal and state laws. The reports identified no situation which
was a reportable compliance issue. As a part of the audit, the firm
reviewed the internal control structure over the federal and state
programs and the city as a whole. Those two reports stated that there
were no situations which were felt to be a material weakness over the
programs. Part of the audit was to render a report to management which
identified forward looking control issues to enhance the control
environment of the City. During the course of the audit, there were no
disagreements with management as to the proper application of accounting
policies and procedures. Throughout the process, the firm received
outstanding cooperation with staff and management. The fourth document
was a letter which was a statement of auditing standards. It was a
required communication which summarized the role of the audit and of the
auditor. In the course of preparing a financial statement, the city
used estimates and accruals and the application of those were consistent
with the previous year. The audit also reviewed the transmittal letter
for consistency with the current financial statement.
DuBose stated that this document would be available for public review.
Page 19 through page 48 of the audit report were notes of financial
statements.
Mayor Pro Tem Brock asked about the difference in the roles of an
internal auditor and the external audit firm.
DuBose stated that the internal auditor looked at operations plus
external contracts. The external auditor gave an independent opinion on
the City's financial statements.
Scott stated that an internal auditor could vary
organization. It involved more operational and
opposed to an external audit.
from organization to
compliance issues as
2. The Council received a
direction regarding the
questionnaire.
report, held a discussion and gave staff
1997-98 City Council budget priority
Kathy DuBose, Executive Director for Finance, stated staff would be
sending to Council the budget priority questionnaire which was a listing
of service areas. With those different service areas, the Council would
provide two rankings. One would be the Council's opinion as to the
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323
current effort in a particular service area. Whether to keep the effort
as it was, increase it, decrease or do a new effort. A second ranking
was a priority of those areas.
Council Member Cott stated that only one year could be done at a time.
He knew that Councils tended to think alike and asked if it might be
beneficial to project three years all of the time. The first year was
the only one which could be implemented but the other two could be
followed. He felt the funds could be used differently and better if it
was planned in that manner.
3. The Council received a report, held a discussion, and gave staff
direction regarding the proposed annexation of a 286 acre tract located
north of Brush Creek Road and east of HWY 377. (A-75)
Rick Svehla, Deputy City Manager, stated that as per policy, this
property recently went through the Development Review Committee and the
Planning and Zoning Commission. The Planning and Zoning Commission
approved a preliminary plat in December. The Subdivision Rules and
Regulations required a review of this type of development for a
determination of whether to annex the property into the City. An
analysis of the services which the city would provide as well as
infrastructure needs from the developer was done and given to Council as
well as an estimate of a build out rate. Points in favor of annexation
included increased tax revenues, increased control over the area,
increased demand for this type of growth in the southwest corridor and
an easier process to annex before development occurred. Denton's
services would enhance the quality of life for this subdivision. Points
against annexation included a higher than average response time for fire
and EMS and an isolation of the site from the developed area.
Mayor Miller stated that there were already some homes in the area which
were in the city limits.
Svehla replied correct that there was a small area already developed in
the city.
Council Member Beasley asked if fire and EMS services were provided to
that area.
Svehla replied that the City did not provide fire service outside the
City limits. EMS services were provided to particular areas. Police
services were not provided outside the city limits.
Council Member Beasley asked if the area were annexed, would the
residents have to have city service or could they continue to use their
septic tanks and wells.
Svehla replied that they could still build a septic system or could tie
into the city sewer if available.
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Mayor Pro Tem Brock stated that she would like staff to analyze those
areas near the proposal which were still outside the city limits. She
suggested a study for a schedule for possible annexations.
Brock motioned, Biles seconded to proceed with the annexation. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously.
4. The Council received a report, held a discussion
direction regarding the NASCAR Committee's activities
April 1997 NASCAR race at the Texas Motor Speedway.
and gave staff
surrounding the
Jane Jenkins, Main Street Coordinator, stated that this would be a large
facility and as it was only 15 miles from Denton, there was a need to
determine how it would impact the community. In the fall a community
committee was put together and it made contact with a consultant who had
experience working with races. The consultant was hired to help with
the process. Three subcommittees were formed to deal with promotions,
marketing and special events. Promotions and marketing would be dealing
with the media, printed materials and signs and banners. -Educational
information was being developed for specific businesses which might be
impacted such as hotels, restaurants, etc. Two events were planned in
connection with the first race. The Chamber breakfast in February would
discuss the NASCAR track and what to expect from the race. On March
29th a large event would be sponsored byMiller of Denton in the parking
lot of the Golden Triangle Mall. Issues dealing with transportation and
traffic dealt with additional rent cars, shuttles, park and rides and
expanded taxi service. Helicopter rides were available as an
alternative to driving to the track. All of the hotels were already
booked for the race weekend. It was not known at this point in time how
far the back up of traffic would be. The Committee was looking at
alternative routes and signs and the impact on the Denton Police
Department. A preliminary report indicated a $10,000 impact on the
Police Department. In addition to additional traffic, there might be
increased crime in the area.
Council Member Young asked if the Black and Hispanic Chambers were
involved in the events.
Jenkins replied not at this point in time.
Council Member Young suggested having those Chambers involved. He asked
about having benton's citizens working at the event.
Jenkins replied that she was not aware of any active effort to secure
jobs at the track. The Committee was looking for volunteers for
information booths at the track.
Mayor Pro Tem Brock asked if there was any way of knowing how much this
would cost the city. The City would receive some tax revenue but was
there any way to measure the benefits. It seemed that this was going to
cost the City quite a bit upfront.
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Jenkins stated that the only costs she was aware of were the costs which
would be occurred by the services which the City offered and the
additional police patrols. It was the Committee's understanding that
there would be no increase in sales at the mall and Downtown area. The
individual who would be here would go to the races, eat, sleep and drink
in Denton but not provide other sales.
Council Member Cott asked for a break even analysis and to show what
could be done in the future.
Council Member Beasley was concerned about increased'costs
services and paying for additional judges with these costs.
Council Member Durrance asked if a projection had done
increased air traffic.
for city
regarding
Jenkins stated that there was anticipated additional traffic because of
the race but that to date there was no increase in inquiry as to landing
at the Denton airport.
Mayor Miller stated that the race and its effects would be here and the
City could not do anything about it. At this time it was not known how
big the event would be. He thanked all for their efforts to begin
looking at the aspects of how the race would effect Denton. He
understood that the highway patrol would not police the area. He asked
if that had changed.
Mike Jez, Executive Director for Public Safety, stated that as far he
knew, that had not changed. It was still the position of the DP$ that
they would not be actively involved in traffic control.
Consensus of the Council was to proceed with the planning.
5. The Council received a report, held a discussion and gave staff
direction regarding the extension of Scott Street.
Rick Svehla, Deputy City Manager, stated that in the last budget, the
Council had set aside money to build Scott Street and to buy the right-
of-way for Scott Street. Two neighborhood meetings were held for
citizen input regarding the proposal. There was not much input on which
option to use. Staff felt the western alignment would be a better
connection with the streets. A second issue was whether or not to build
the street. If Council decided to not do Scott Street, it was
recommended to take the money and still spend it in the area for a
number of projects.
Young motioned, Cott seconded to proceed with the Scott Street extension
using the western option. This was an important road in the community
and would provide better public safety for the well being of the
neighborhood. Many in southeast Denton agreed with the extension.
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Council Member Biles stated that at present there was $133,000 for Scott
Street from one-time money.
Svehla replied correct.
Council Member Biles stated that if a crown span was used on Robertson
and in order for quint clearance, there would be a need to lower the top
elevation of the crown span. In order to do that it would be necessary
to run the channel downstream. At present, the crown span was estimated
to cost $500,000. To do the downstream channel work in order to achieve
the underpass clearance for the quint at the railroad, would cost an
additional $200,000.
Svehla replied that final numbers had not been run yet but $200,000
would not cover ultimate solution. There would be additional costs
which would be in the range of $150-200,000.
Council Member Biles stated that if the $133,000 were used from the
Scott Street project for the Robertson Street situation, would it
facilitate Robertson time-wise and allow more room with the downstream
project.
Svehla stated that one of the items for discussion regarding Robertson
was the ability to move ahead with the design of the crown span. With
the scenario presented, the crown span could be built across Robertson
to the channel. It would take time to design and build that project.
In the interim there was a need to design some way to drain the water as
the crown span would be too low for the existing channel. Another option
was for more channel downstream with existing funding in the CIP from
the last year of the CIP. The crown span could be built in sections and
then stop the project to determine how to drain the water out for
several years and then ultimately build the channel. If the whole
channel work had to be done right away, it might cost more than
$200,000. If the Council did not want to build Scott Street and wanted
to use that money for Robertson, the ultimate solution was easier in
terms of timing.
Council Member Cott felt that the same issues were not being dealt with.
He felt these might be two serious safety issues. He did not see these
as competitive dollars.
Council Member Biles stated that if instead of building Scott Street,
the money were use for Robertson, it would enhance the time and funding
for Robertson and downstream.
Svehla replied correct.
Mayor Pro Tem Brock stated that extending Scott Street would create a
cut through for traffic and would create a safety issue for children in
the area. A fundamental issue was whether the whole neighborhood was a
valuable residential neighborhood. If the area were opened, it might
open it for commercial development. For a number of years this
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January 28, 1997
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community indicated that this was a valuable historical residential
neighborhood. Much money had been put into the area to help make it a
nice place to live. If this project was approved and the street built,
it would damage the residential quality of the neighborhood. At a
recent NICE meeting, there were complaints about trucks on Morse Street.
Extending the street would make that problem worse. She had attended
many meetings regarding this issue and she had never heard that Scott
Street was a project which the community at-large wanted. She was
concerned about traffic and the impact on the whole area. The children
needed a safe place to get to the Martin Luther King, Jr. Center and to
school. She suggested building sidewalks through that area. She urged
the Council to not vote for the motion as it would do permanent damage
to the area.
Council Member Young stated that Mayor Pro Tem Brock was wrong on the
issue. People were not afraid of this becoming a commercial area as it
currently was multi-family. There were only homes in the area. People
wanted to have greater access to the Martin Luther King Center and to
the school. The residents did not want their children to walk through
a trail in the area. He had heard that Scott Street was needed. The
extension of Scott Street would enhance the quality of life in the area.
In a twelve month period, the Denton Police Department had 270 calls in
the Willowcreek area. One of the main reasons for that was because
there was only one way in. Undesirables go in into places like that as
there was only one way to get in. The road was needed for a better
quality of life for protection in the area. Money was already allocated
in the CIP for the Robertson Street problem. It did not make sense to
divert the money. Scott Street was in this year's budget the same as
the bridge at the Civic Center.
Mayor Pro Tem Brock stated that at the first neighborhood meeting about
the extension of Scott Street, all of the people on Scott Street
attended and were against having the street in the area. They were
concerned about the increased traffic and the safety of the children
because of increased traffic.
Council Member Beasley asked about the process for the proposal.
Mayor Miller stated that this project would not normally require an
ordinance and would not normally come back for Council consideration.
Council Member Beasley stated that she had attended both public hearings
on this issue. The neighbors who lived there did not want the street.
It would help with access to the area for police and fire but when the
neighborhood did not want street, it made it hard to vote in favor of
the motion. Those who lived there did not want the street.
Council Member Cott felt that Council had to be very careful of renter
versus owner. A person renting there did not have any investment in the
area.
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Mayor Miller stated that in this case, the people who lived there had
children in the area. He asked if adequate police and fire protection
was currently provided.
Mike Jez, Executive Director for Public Safety, stated that items such
as streets had less of an impact on the Police Department because the
officers were not working out of a building. Response time was
dependent on where the officer was located when responding to a call.
There were two ways to look at it in terms of one way in and one way
out. Sometimes that did create a problem but on the other hand there
was still only one way out as well.
Ross Chadwick, Fire Chief, stated that from a fire perspective, the area
was within the target response time of five minutes. If Scott Street
were extended, only a minute to a minute and a half would be added.
Council Member Young stated that all of the people in neighborhood were
not against the extension. Only two people spoke against the project.
Mayor Pro Tem Brock stated that no one who lived on the street wanted
the street. When the vote was taken, the people who lived on the street
voted against it.
Council Member Young stated that many people were undecided at the time.
Mayor Pro Tem Brock was talking about a small number of people.
Mayor Pro Tem Brock stated that those who wanted the street were not at
either of the meetings.
Council Member Biles stated that he could not support the motion. Many
months ago Council had had discussions about funding for the project.
At that time, Council gave direction to use one-time funding to address
the Scott Street issue. He saw at this meeting, a changing of
priorities as a Council Member. Scott Street now needed to take a back
seat to the Robertson Street drainage issue. The public safety issue of
Robertson was more pressing than the Scott Street access. The Robertson
underpass was more beneficial for the area.
Mayor Miller was concerned about putting a street through which could
become a cut through in the area. He was concerned about the people who
lived. He wanted the money to be used for drainage but to also have
money dedicated for a sidewalk to connect the area for those walking to
the'Martin Luther King Center and to Rivera School.
On roll vote, Beasley "nay", Brock "nay",
Young "aye", Biles "nay" and Mayor Miller
2-5 vote.
Cott "aye", Durrance "nay",
"nay". Motion failed with a
Council Member Biles asked about the cost for sidewalks in the area.
city Manager Benavides stated that staff could prepare an estimate on
the cost to acquire the property and install the sidewalk and that the
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January 28, 1997
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329
remaining funds could be allocated for drainage. Staff would prepare a
report on that estimate.
Biles motioned, Brock seconded to direct staff to take a look at the
acquisition of the land and installing the sidewalk and return the
remainder of the balance to drainage. On roll vote, Beasley "aye",
Brock "aye", Cott "aye", Durrance "aye", Young "nay", Biles "aye" and
Mayor Miller "aye". Motion carried with a 6-1 vote.
6. The Council received a report, held a discussion and gave staff
direction regarding Robertson Street.
Rick Svehla, Deputy City Manager, stated that the last time Council
discussed this proposal, there were three different options presented.
There was a concern with the crown span as it reduced the clearance in
the underpass that would eliminate that as a route for the quint. Staff
still felt that the way to build the structure was to eliminate any of
the water in the underpass. At the same time, staff heard the Council's
concern about the quint's access ~o that part of the city. Staff was
still working on the numbers for cost estimates of the project. If the
project could go to Skinner Street, it would be possible to change the
channel bottom or provide an alternate piping system and ultimately
build the channel lower with the crown span lower under Robertson. When
the crown span was lowered, the clearance for the quint was achieved.
Staff was seeking approval to continue with the design of the crown span
at the ultimate lower grade for quint clearance. The final cost for all
of the downstream channel work and for the pipe system was not known at
this point in time. Staff was looking at various funding strategies and
was suggesting looking at all those types of funding and bring a
recommendation back to Council for consideration after review by the CIP
Committee.
Council Member Young asked if the design of channel would go across Bell
Avenue with the creek on the west side and then run straight through the
underpass.
Svehla replied correct and that the pipe system would round out the
corner better.
Council Member Young asked if the creek would be widened or would it
stay the same size.
Svehla replied the entire channel would be wider and lower.
Council Member Young stated that that would create flooding at the
church and the small house at the 45 degree turn.
Svehla replied that that was why the downstream channel needed to be
considered.
Council Member Young asked how long would the underpass be blocked.
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Page 11
Svehla replied approximately 40-45 working days.
Council Member Durrance asked if the proposal was to go with the crown
span back or in reverse. What would be the order of projects.
Svehla replied that it would take time to determine the engineering of
the crown span. At same time funding scenarios would be studied.
Council Me~ber Biles asked if the downstream piece were added, would the
Robertson underpass continue to retain some water if the first option
were done. If the extra step were taken would there be any standing
water.
Svehla replied correct and that it would be better than it was now. As
soon as the downstream improvements were built, the intersection would
be dry.
Council Member Cott suggested costing out the price for putting a fire
engine in that location which would solve both problems.
Council Member Young asked if the house next to the church would have to
be removed.
Svehla stated that s%aff had not been able to look at all of that yet.
There might be room on the other side of the channel to widen that area
rather than on the church side.
Council Member Beasley felt that Council was asking staff to go back to
the CIP for answers. Council was looking to correct a drainage problem
in that area and to provide an entrance for emergency personnel.
Beasley motioned, Biles seconded to send the project back to the CIP and
staff for an ultimate solution to the drainage problem, for access for
emergency vehicles and for funding recommendations. On roll vote,
Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye",
Biles "aye" and Mayor Miller "aye". Motion carried unanimously.
7. The Council received a report, held a discussion and gave staff
direction regarding addendums to existing contracts between the city of
Denton and the Upper Trinity Regional Water District (UTRWD):
Addendum to the Existing Water Treatment and Transmission
Contract for Treated Water Service by Denton to the City
of Sanger and by the District to Corinth and Lake cities
Municipal Utility Authority (LCMA).
Addendum to the Joint Ownership and Operations Contract
Regarding Participation in the Sanger Transmission Line.
Howard Martin, Director of Environmental Operations, stated that staff
was seeking direction on two addendums to existing contracts between the
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January 28, 1997
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331
City and the Upper Trinity Regional Water District. One was to the
water treatment and transmissions contract which was approved in 1992.
This addendum would identify the volume and the conditions under which
the City would provide water to Sanger. The second addendum to the
joint ownership operations contract provided the level of participation
which Denton was proposing in the pipe line. Both worked in conjunction
to provide water to the city of Sanger. The city was proposing to
construct a pipeline from Loop 288/I35 up to a point on Milam Road where
a metering point would be established and from that metering point to
Sanger. Denton's participation in the pipeline would be the oversizing
of the line from a 12" to a 16" pipe to the Milam Road point. The
addendum to the water treatment and transmission contract maintained
water quality integrity of the Denton water system bymaintaining system
separation. It established an emergency connect between the two systems
and established the volumes to the City of Sanger. It identified a
commitment by the District to provide revenues to Denton equal to the
treated water sales revenues that would have been realized. The
addendum on the joint ownership and operations contract established
Denton's participation in the Sanger transmission line and its share of
the regional treated water project. It identified the capacity and
proportionate cost of the Sanger transmission line for each entity. It
also reaffirmed the agreement to sell treated water to the District for
delivery and relay to Sanger on a wholesale basis.
Council Member Young asked if all of the money 'for the pipeline came
from the utility fund and none from the general fund.
Martin replied correct.
Mayor Pro Tem Brock asked about the necessity for having the water in
separate systems.
Martin replied that Denton was concerned about having Upper Trinity
water going through its system. It was felt that in order to maintain
Denton's water quality and system integrity, the water would first go
into a ground storage tank to test it and to monitor it before
repumping. That would be a fairly expensive procedure. In order to not
expend those funds, a disconnect system was installed in the Lillian
Miller pipeline. That took District water directly to the customers
and provided Denton water up the Sanger pipeline. By doing that, the
control of Denton's water quality was maintained.
Biles motioned, Beasley seconded to direct staff to prepare the formal
documents for adoption. On roll vote, Beasley "aye", Brock "aye", Cott
"aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye".
Motion carried unanimously.
With no further business, the meeting was adjourned at 8:45 p.m.
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City of Denton city Council Minutes
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JENNIFER' W~TERS
CTT~'/SECRETARY
CIT~ OF DENTON, TEXAS
ACC00360