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Minutes May 19, 1998MINUTES CITY OF DENTON CITY COUNCIL May 19, 1998 Alter determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, May 19, 1998 at 5:45 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Jack Miller, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Durrance, and Young ABSENT: Council Member Kristoferson 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney-Under TEX. GOV'T. CODE Sec. 551.071 1. Considered strategy and discussed appointment of a representative for possible mediation, and possible settlement authority with City Attorney in litigation styled Denton County Historical Museum, Inc. v. Denton County, Texas and City of Denton, Texas, et al., Cause No. GC-98-00098-C filed in the Probate Court of Denton County, including, but not limited to issues related to allegations of breach of contract and ownership of artifacts. 2. Considered and discussed with City Attorney settlement of litigation styled City of Denton, Texas v. Redi-Mix, Inc. and Shawn Smith, Cause No.96-40752-362, filed nd in the 362 District Court of Denton County. B. Conference with Employees - Under TEX. GOV'T. CODE Sec. 551.075. The Council received information from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Regular Meeting on Tuesday, May 19, 1998 at 7:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Jack Miller, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Durrance, and Young ABSENT: Council Member Kristoferson 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. Council Member Kristoferson arrived at the meeting. 2. The Council received a report from Laura Drumb with the Alzheimer's Association regarding an overview of services they provided. She stated that it was the Association's mission to provide support and assistance to persons affected by Alzheimer's disease and to their families and caregivers within their eleven county service area. In keeping with that mission, the Greater Dallas Chapter was expanding to a second office in the Denton community, which would enable better and more convenient services and programs, especially for families in Denton and Cooke Counties. City of Denton City Council Minutes May 19, 1998 Page 2 She asked for the Council to form a working partnership with the Alzheimer's Association and other related nonprofit organizations. She invited the Council to participate in the Memory Walk this year. 3. The Council received a report from Dessie Goodson where she complimented the City of Denton for what they had done for her for the last two years, which was "nothing". Ms. Goodson reminded the Mayor and Council of their oaths when they took office. She reminded the Council that putting in sidewalks, repaving the streets, redoing the drainage and making sure the curb cuts were out there was part of their responsibility. Council Member Cochran asked for an audit of Ms. Goodson's utility bills for the period in question, also with an explanation of the charges and a history of the account. Council Member Young asked that staff give Council a general update on the sidewalk issue that Ms. Goodson brought up. CONSENT AGENDA Council Member Durrance requested that Item #8 be pulled for separate consideration. Durrance motioned, Young seconded to approve the Consent Agenda and accompanying ordinances except for Item #8. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye”, Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously. 5. 98-135 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR LOCKBOX SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2197 - LOCKBOX SERVICES AWARDED TO BANK ONE IN THE AMOUNT OF $5,593.06 PER MONTH OR $67,116.72 ANNUALLY) 6. A tax refund to Title Resources, account #105139, in the amount of $623.92. The 1997 taxes in the amount of $623.92 were paid twice, once by Title Resources on December 10, 1997, and once by G.E. Capital Mortgage Company on December 17, 1997, resulting in an overpayment. 7. A tax refund to K. Dale Brown, account #033887, in the amount of $947.85. The 1997 taxes were paid twice, once on October 30, 1997, and once on January 30, 1998, resulting in an overpayment. PUBLIC HEARINGS 9. TheCouncil held a public hearing and considered rezoning Tract 133A, N. Meisenheimer Survey (Abstract 811), Denton County, Texas, from a Single Family 7 (SF-7) zoning district to a City of Denton City Council Minutes May 19, 1998 Page 3 Two-Family Dwelling (2-F) zoning district. The undeveloped 0.44-acre parcel was located on the east side of Bolivar Street, south of Headlee and north of Fain Street. The proposal was to construct a duplex. (The Planning and Zoning Commission recommended approval 5-0.) Dave Hill, Director of Planning and Development, stated that the action requested was approval to rezone the property from Single Family 7 to Two Family zoning. He stated the property was located at 2628-2630 Bolivar Street. The zoning history on the property was that the property was initially zoned Single Family 7 in 1969. There had been a number of zoning changes in the neighborhood that had resulted in three Two Family zoning districts. The proposal was to construct a duplex. The Planning and Zoning Commission recommended approval 5-0. The public improvements for this site would be to provide four off-street parking spaces and install a four-foot sidewalk along the property frontage. Seventeen property owners were notified of this request. The responses received were four in favor and one neutral to the request. Council Member Young asked if there were any pictures available of what the duplex would look like. Hill stated yes and showed a proposed picture of the duplex. Council Member Kristoferson asked if the responses received were from owner occupants or property owners. Hill stated that two of the responses were from owner occupants and two from property owners. The Mayor opened the public hearing. Anita Shulze stated that she was the applicant for the rezoning of this property and intended to live in one side of the duplex. The Mayor closed the public hearing. The following ordinance was considered: 98-137 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION TO TWO FAMILY (2F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.44 ACRES OF LAND LOCATED ON THE EAST SIDE OF BOLIVAR STREET, SOUTH OF HEADLEE AND NORTH OF FAIN STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously City of Denton City Council Minutes May 19, 1998 Page 4 10. The Council held a public hearing and considered an amendment to the concept plan and consideration of a detailed plan on 45.139 acres zoned Planned Development 111 (PD-111). The site was located on the east side of Nowlin Road, approximately two thousand two hundred (2,200) feet south of Robinson Road. (The Planning and Zoning Commission recommended approval 5-0.) Dave Hill, Director of Planning and Development, stated the name of the project was Oakmont III and that the property was located southeast of Nowlin Road, approximately 2,500 feet south of Robinson Road. The size of the property was 45.139 acres. The request was to amend the approved concept plan and consider a detailed plan for PD-111. The property was rezoned from Agricultural to PD-111 in 1986. The Planning and Zoning Commission recommended approval 5-0. Notification was sent to two property owners and no response was received. The detailed plan included 41.5 acres for single family, 2.35 acres of open space, and 1.74 acres for right-of- way dedication for Loop 288. Council Member Young asked how the City of Corinth felt about this development. Hill stated that they had coordinated with Corinth on extending utilities. Council Member Burroughs asked if the open space allocation was in excess of the requirements for parkland dedication. Hill stated that the open space allocation came close to meeting the minimum requirements for parkland dedication. The Mayor opened the public hearing. Brad Meyer with Carter and Burgess stated the open space would be private and would be maintained by the homeowners association. They would be paying 50% in park fees to the City of Denton. Council Member Kristoferson asked what size house would be built on a 6,000 square foot lot. Steve Gee, developer of the property, stated the minimum square footage would be 1450 square feet and the maximum would be 2800 square feet. Council Member Young asked which city would be providing the water and sewer service. Gee stated that the Cities of Denton and Corinth would determine that. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes May 19, 1998 Page 5 98-138 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 86-81 TO PROVIDE FOR A CHANGE IN THE CONCEPT PLAN FOR THE PLANNED DEVELOPMENT (PD) NO. 111 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION AND PROVIDING FOR APPROVAL OF A DETAILED PLAN ON 45.139 ACRES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously. 11. The Council held a public hearing and considered approval of a Specific Use Permit to allow a remote, off-street parking lot in a Single-Family Seven (SF-7) zoning district. The 0.172 acres of land was located along the east side of Bernard Street, approximately 450 feet south of Collins Street (commonly known as 1211 Bernard Street). The applicant proposed construction of an off-street parking area to provide additional parking for tenants of the Arbors of Denton, an adjacent apartment development. (The Planning and Zoning Commission recommended approval 7-0.) Dave Hill, Director of Planning and Development, stated that the property was located at 1211 Bernard Street. The request was for a Specific Use Permit for a remote, off-street parking area. The existing zoning for the property was Single Family 7. The remote, off-street parking area would alleviate over-crowding of the existing apartment complex parking area and reduce the need for parking on the street. Notification was mailed to 21 adjacent property owners. Three replies were received in favor of the rezoning, one in opposition. The Planning and Zoning Commission recommended approval 7-0. Council Member Cochran stated there was some drainage problem already in the area and wanted to know where the water was going to go. Deputy City Manager Rick Svehla stated there was a flood retention structure already in place at the Arbors. The drainage problem Council Member Cochran was speaking of was in the process of being fixed. Council Member Young asked if the lot was already paved. Svehla replied no. Council Member Young asked if there were any trees that would need to be removed. Hill stated he was not aware of any trees that needed to be removed. The project was in compliance with the landscape ordinance. The Mayor opened the public hearing. City of Denton City Council Minutes May 19, 1998 Page 6 Bill Dahlstrom spoke in favor of the SUP. He stated that they had redesigned the parking lot in order to save a significant tree. The Mayor closed the public hearing. Council Member Young stated that there was a problem in that area with cars speeding down the narrow street and parked cars being hit and that the additional parking lot would help. The following ordinance was considered: 98-139 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO DEVELOP AND OPERATE A REMOTE, OFF- STREET PARKING AREA ON 0.172 ACRES LOCATED ON THE EAST SIDE OF BERNARD STREET, APPROXIMATELY 450 FEET SOUTH OF COLLINS STREET (COMMONLY KNOWN AS 1211 BERNARD STREET), AND ZONED UNDER THE ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously. 12. The Council reviewed a preliminary assessment and considered approval of a schedule of public hearings with regard to the proposed annexation of a 15.088 acre tract located east of Swisher Road near its intersection with Edwards Road in Denton's extraterritorial jurisdiction (ETJ) northeast of 1-35E. Dave Hill, Director of Planning and Development, stated this was for a development called The Preserve at Pecan Creek. The property was located east of Swisher Road near its intersection with Edwards Road. It was located in Denton's ETJ. He presented the proposed schedule for public hearings regarding the proposed annexation. Beasley motioned, Cochran seconded to adopt the schedule of public hearings. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION Council considered Item #8 from the Consent Agenda. Council Member Durrance asked about an engineering study previously done on this tract. He asked if a study on the silt trapping had been done and if this study was being incorporated into the previous study that had been done. City of Denton City Council Minutes May 19, 1998 Page 7 Deputy City Manager, Rick Svehla, stated that the studies would be combined and incorporated into this contract. The design and characteristics included wetlands both upstream and downstream from the lake and those would be incorporated in this design. Council Member Cochran stated that it was speculative that the City would be doing $50,000 of engineering work on a lake that was on private property that was still under debate as to how and when it would be developed. Svehla stated that there were two developments involved here that would need a source of drainage for their developments and this lake would serve that purpose. This lake would be a public lake after development. He stated staff felt it was in the best interest of the City to get the design underway and have it ready to go for when these developments would need it. Kristoferson motioned, Durrance seconded to approve Item #8. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "nay", Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. 98-136 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CARTER & BURGESS, INC. FOR UNICORN LAKE ENGINEERING SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Item #13 was considered. 13. The Council considered adoption of an ordinance authorizing the City Manager to execute Addendum #2 to the professional services agreement for the design of stream PEC-4 storm drainage improvements and Ruddell Street bridge and channel improvements between the City and Teague, Nall and Perkins, Inc.; authorizing the expenditure of funds therefor; and providing an effective date. (PSA #2164 - Addendum #2 - Teague, Nail, and Perkins in the amount of $18,200.00) Deputy City Manager, Rick Svehla, stated that this addendum covered additional expenses incurred due to a revision in permitting requirements from the Federal Government for some of the channel work. The following ordinance was considered: 98-140 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM #2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF STREAM PEC-4 STORM DRAINAGE IMPROVEMENTS AND RUDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS BETWEEN THE CITY AND TEAGUE, NALL AND PERKINS, INC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND City of Denton City Council Minutes May 19, 1998 Page 8 PROVIDING AN EFFECTIVE DATE. (PSA #2164 - ADDENDUM #2 - TEAGUE, NALL, AND PERKINS IN THE AMOUNT OF $18,200.00) Young motioned, Burroughs seconded to approve the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran “aye”, Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously 14. The Council considered adoption of an ordinance amending the 1997-98 annual recreation fund budget of the City of Denton in the amount of twenty-one thousand five hundred nine dollars ($21,509.00) to help establish the middle school program and expending such funds for recreational programming at the three middle school sites; and providing an effective date. Janet Simpson, Leisure Services Superintendent, stated that the City and DISD had jointly provided an after school program in Denton elementary schools. The two agencies had also discussed the need for after school programs for middle school students. In October 1997, DISD contacted the Parks Department requesting that a cooperative program be developed. The request was prompted due to the movement of the sixth grade from the elementary schools into the middle schools beginning August 1998. Council Member Young asked if this program would be similar to the after school program for the elementary students. Simpson stated this program would be more educational than recreational with a safe, structure and supervised environment for teens and pre-teens. Council Member Burroughs asked if the fees would cover the program. Simpson stated yes. The following ordinance was considered: 98-141 AN ORDINANCE AMENDING THE 1997-98 ANNUAL RECREATION FUND BUDGET OF THE CITY OF DENTON IN THE AMOUNT OF TWENTY-ONE THOUSAND FIVE HUNDRED NINE DOLLARS ($21,509.00) TO HELP ESTABLISH THE MIDDLE SCHOOL PROGRAM AND EXPENDING SUCH FUNDS FOR RECREATIONAL PROGRAMMING AT THE THREE MIDDLE SCHOOL SITES; AND PROVIDING AN EFFECTIVE DATE Young motioned, Kristoferson seconded to approve the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously. 15. The Council considered adoption of an ordinance authorizing the City Manager to execute a license on behalf of the United States of America to allow the Federal Aviation Administration to use municipal utility poles to support an aerial cable assembly at the Denton City of Denton City Council Minutes May 19, 1998 Page 9 Municipal Airport; and providing an effective date. Linda Ratliff, Director of Economic Development, stated the FAA desired to enter into a 20-year renewal license to continue electric service to the instrument approach lighting system at the airport. The following ordinance was considered: 98-142 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE ON BEHALF OF THE UNITED STATES OF AMERICA TO ALLOW THE FEDERAL AVIATION ADMINISTRATION TO USE MUNICIPAL UTILITY POLES TO SUPPORT AN AERIAL CABLE ASSEMBLY AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Burroughs seconded to approve the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran “aye”, Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously 16. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing settlement of litigation styled City of Denton, Texas v. Redi-Mix, Inc. Cause No.96- nd 40752-362, pending in the 362 District Court of Denton County for the sum of $100,000 to be paid to the City; authorizing the City Manager to act on the City's behalf in accepting the settlement and executing a release of claims; and declaring an effective date. Herb Prouty, City Attorney, stated this was a settlement to damages incurred in 1995. The following ordinance was considered: 98-143 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF LITIGATION STYLED CITY OF DENTON, TEXAS V. ND REDI-MIX, INC. CAUSE NO 96-40752-362, PENDING IN THE 362 DISTRICT COURT OF DENTON COUNTY FOR THE SUM OF $100,000 TO BE PAID TO THE CITY; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN ACCEPTING THE SETTLEMENT AND EXECUTING A RELEASE OF CLAIMS; AND DECLARING AN EFFECTIVE DATE Young motioned, Beasley seconded to approve the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran “aye”, Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously. 17. The Council considered adoption of an ordinance on First Reading whereby the City of Denton, Texas, and Nortex Telcom, LLC agree that, for the purpose of operating its City of Denton City Council Minutes May 19, 1998 Page 10 Telecommunications Business, the Telephone Company shall, construct, erect, build, equip, own, maintain and operate in, along, under, over and across, the streets, avenues, alleys, bridges, viaducts, and public grounds of the City, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures necessary or convenient for rendition of telecommunications services in said City and for conducting a general local and long-distance telephone business, prescribing the conditions governing the use of public rights-of-way for the Telephone Company's telecommunications business, prescribing the quarterly compensation due the City under this ordinance, providing the right of the City to use certain facilities of the Telephone Company; specifying governing laws; providing for assignment; prescribing the term and effective date of said agreement; providing for notice; providing for binding effect; providing that the ordinance be cumulative; providing for governmental immunity; providing for consent and acceptance; providing for severability; providing for choice of law and venue; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; providing for future contingencies; providing for repeal of conflicting ordinances; providing for release of all claims under prior ordinances; providing for alternate dispute resolution; and providing for method of acceptance. Herb Prouty, City Attorney, stated the term of the franchise was for five years. Nortex would pay the fees required to publish the ordinance. The ordinance must be passed by a majority vote at two regular meetings of the City Council and it would not be effective until 21 days after its final passage. Council Member Young asked about Nortex already laying lines in the Sundown Ranch subdivision. Prouty stated they were installing cable in a common trench with Denton Municipal Electric. Council Member Young stated he did not understand how Nortex could be laying lines when the franchise had not been approved. Deputy City Manager, Rick Svehla, stated that if the franchise was not approved, Nortex had laid a bunch of lines they could not use. Council Members Burroughs stated that the City did not really have a whole lot of choice about this. It was basically a federally mandated system of deregulation. The only way to implement this was a franchise agreement similar to the one with GTE. Prouty stated yes. The City could not discriminate against franchisees. The City could not deny access to its easements. Council Member Young asked how many jobs this would bring to Denton. Fuhrman stated that as their operation expanded, they would be hiring local people. He could not say how many or when. The following ordinance was considered: City of Denton City Council Minutes May 19, 1998 Page 11 98- AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, AND NORTEX TELCOM, LLC AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL, CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELECOMMUNICATIONS SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS, PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS, PRESCRIBING THE QUARTERLY COMPENSATION DUE THE CITY UNDER THIS ORDINANCE, PROVIDING THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY, SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT, PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID AGREEMENT, PROVIDING FOR NOTICE; PROVIDING FOR BINDING EFFECT; PROVIDING THAT THE ORDINANCE BE CUMULATIVE; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR CONSENT AND ACCEPTANCE, PROVIDING FOR SEVERABILITY; PROVIDING FOR CHOICE OF LAW AND VENUE, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND PROVIDING FOR METHOD OF ACCEPTANCE. Beasley motioned, Cochran seconded to approve the first reading of the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye”, Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously. Mayor Miller stated there would be a second reading of the ordinance at the next regular meeting. 18. The Council considered adoption of an ordinance on First Reading whereby the City of Denton, Texas, and CoServ, LLC, (d/b/a CoServ Communications), an affiliate of Denton County Electric, agree that, for the purpose of operating its Telecommunications Business, the Telephone Company shall, construct, erect, build, equip, own, maintain and operate in, along, under, over and across, the streets, avenues, alleys, bridges, viaducts, and public grounds of the City, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures necessary or convenient for rendition of telecommunications services in said City and for conducting a general local and long-distance telephone business, prescribing the conditions City of Denton City Council Minutes May 19, 1998 Page 12 governing the use of public right-of-way for the Telephone Company's telecommunications business, prescribing the quarterly compensation due the City under this ordinance, providing the right of the City to use certain facilities of the Telephone Company; specifying governing laws; providing for assignment; prescribing the term and effective date of said agreement; providing for notice; providing for binding effect; providing that the ordinance be cumulative; providing for governmental immunity; providing for consent and acceptance; providing for severabllity; providing for choice of law and venue; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; providing for future contingencies; providing for repeal of conflicting ordinances; providing for release of all claims under prior ordinances; providing for alternate dispute resolution; and providing for method of acceptance. Herb Prouty, City Attorney, stated the terms and conditions for this franchise were basically the same as the franchise with Nortex. The following ordinance was considered: 98- AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, AND COSERV, LLC, D/B/A COSERV COMMUNICATIONS), AN AFFILIATE OF DENTON COUNTY ELECTRIC, AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL, CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELECOMUNICATIONS SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS, PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS, PRESCRIBING THE QUARTERLY COMPENSATION DUE THE CITY UNDER THIS ORDINANCE, PROVIDING THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY; SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT, PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID AGREEMENT, PROVIDING FOR NOTICE; PROVIDING FOR BINDING EFFECT; PROVIDING THAT THE ORDINANCE BE CUMULATIVE; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR CONSENT AND ACCEPTANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CHOICE OF LAW AND VENUE, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND PROVIDING FOR METHOD OF ACCEPTANCE. City of Denton City Council Minutes May 19, 1998 Page 13 Beasley motioned, Burroughs seconded to approve the first reading of the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran “aye”, Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously 19. The Council considered a proposed timeline for boards-commissions appointments. Jane Richardson, Deputy City Secretary, presented a proposed timeline for board and commission appointments. Council Member Kristoferson asked if it was cost effective to hold the boards and commissions briefing session since in past years there was poor attendance. She suggested placing more ads in the paper so more people were aware of the briefing session. Betty Williams, Assistant to the City Manager, stated that the costs associated with the briefing session were staff and liaison time, Council's time, the ad in the paper on Wednesday and Sunday, and a building attendant. City Manager Ted Benavides stated staff would think of more things to do to generate better attendance. Council Member Beasley stated she thought it was a good idea to find a way to circulate this more so more citizens would come to the briefing session. She suggested incorporating it into the monthly ad the City ran. She also stated she was hesitant to give up a Tuesday for the reception. She would prefer to have the reception on Thursday, August 13. Council Member Young stated if it was moved to a Thursday all of the Council might not attend. Kristoferson motioned, Durrance seconded to approve the timeline with a change in the date of the reception to August 13. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Burroughs "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. 20. The Council considered nominations/appointments to City's Boards and Commissions. Council Member Beasley nominated Diane Crew to the Cable TV Board. 21. Miscellaneous matters from the City Manager. 22. The following items of New Business were suggested by Council Members for future agendas. A. Council Member Cochran suggested that boards/commissions comply with state municipal code such as the alternate positions on the Board of Adjustment be regular positions. 23. There was no continuation of Closed Meeting under Sections 551-071–551.085 of the Texas Open Meetings Act. City of Denton City Council Minutes May 19, 1998 Page 14 24. There was no official action on Closed Meeting items held under Section 551-071– 551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 9:40 p.m. __________________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS _____________________________ JANE RICHARDSON DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS