Minutes Feburary 16, 1999CITY OF DENTON CITY COUNCIL MINUTES
February 16, 1999
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, February 16, 1999 at 5:15 p.m. in the Council Work
Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Conference with Employees – Under TEX. GOV’T. CODE Sec. 551.075. The
Council received information from employees during a staff conference or briefing, but did not
deliberate during the conference.
Regular Meeting of the City of Denton City Council on Tuesday, February 16, 1999 at 6:00 p.m.
in the Council Chambers at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
CITIZEN REPORTS
2. Report from Dessie Goodson regarding perjury, responsibility and the truth.
Ms. Goodson stated that in her recent trial she felt there had been perjury with some of the
Mayor’s statements. She took exception to some of the statements that were said during the trial.
She also had a problem with some of her utility bills from prior years.
CONSENT AGENDA
Durrance motioned, Cochran seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
3 NO. 99-037
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER #5 TO A
LEASE AGREEMENT FOR PC’S, MONITORS AND PERIPHERAL EQUIPMENT
BETWEEN THE CITY OF DENTON AND IBM CORPORATION; PROVIDING FOR AN
INCREASE IN THE QUANTITY OF ITEMS; ADDENDUM TO THE LEASE; AND AN
INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; BASED ON
City of Denton City Council Minutes
February 16, 1999
Page 2
EQUIPMENT SUPPLIED BY NTCS, INC., A QUALIFIED INFORMATION SERVICES
VENDOR (QISV) FOR THE GENERAL SERVICES COMMISSION OF THE STATE OF
TEXAS; AND PROVIDING AN EFFECTIVE DATE. (LEASE #2045 TO IBM
CORPORATION IN THE AMOUNT OF $1,229,588.26 + CHANGE ORDER #5 IN THE
AMOUNT OF $29,811.)
4. NO. 99-038
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER #6
TO A LEASE AGREEMENT FOR PC’S, MONITORS AND PERIPHERAL
EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM CORPORATION;
PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS AND AN
INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; BASED ON
EQUIPMENT SUPPLIED BY A QUALIFIED INFORMATION SERVICES VENDOR
(QISV) FOR THE GENERAL SERVICES COMMISSION OF THE STATE OF
TEXAS; AND PROVIDING AN EFFECTIVE DATE. (LEASE #2045 TO IBM
CORPORATION IN THE AMOUNT OF $1,259,399.26 + CHANGE ORDER #6 IN
THE AMOUNT OF $2,305,848.)
5. NO. 99-039
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER #1
TO A LEASE AGREEMENT FOR PC’S, MONITORS AND PERIPHERAL
EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM CORPORATION;
PROVIDING FOR AN EXTENSION OF TIME AND AN INCREASE IN THE LEASE
PAYMENTS; AND PROVIDING AN EFFECTIVE DATE. (LEASE TO IBM
CORPORATION IN THE AMOUNT OF $2,453,922 + CHANGE ORDER #1 IN THE
AMOUNT OF $58,392.)
6. NO. 99-040
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR MOWING SERVICES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (BID #2331–ANNUAL CODE ENFORCEMENT MOWING CONTRACT TO
S.A.S. CONTRACTORS IN THE ESTIMATED ANNUAL EXPENDITURE OF
$23,000.)
7. NO. 99-041
AN ORDINANCE APPROVING A PRICE AGREEMENT AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PURCHASE OF MATERIALS OR
EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE. (PRICE AGREEMENT #2342 TO NATIONAL
DRAEGER, INC. FOR SELF-CONTAINED BREATHING APPARATUS WITH AN
ESTIMATED EXPENDITURE OF $180,000.)
City of Denton City Council Minutes
February 16, 1999
Page 3
8. NO. 99-042
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF HARDWARE MAINTENANCE AND SOFTWARE MAINTENANCE
WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH
THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE. (PO #92855–INTEGRATED COMPUTER SYSTEMS, INC. (ICS) IN THE
AMOUNT OF $281,105.89.)
9. NO. 99-043
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
THIRD ANNUAL LEASE PURCHASE PAYMENT FOR AN IBM 9221-191
MAINFRAME COMPUTER/PROCESSOR AS BID AND AWARDED BY THE
STATE OF TEXAS GENERAL SERVICES COMMISSION; AND PROVIDING FOR
AN EFFECTIVE DATE. (PO #92720 TO IBM CORPORATION IN THE AMOUNT
OF $102,771.10)
10. NO. 99-044
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SERVICES OR SUPPLIES NECESSARY FOR THE UPGRADE OF
PUBLIC SAFETY’S WIRING CLOSETS AS AWARDED BY THE STATE OF
TEXAS GENERAL SERVICES COMMISSION THROUGH QUALIFIED
INFORMATION SERVICES VENDOR CATALOGUE (QISV); PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (PO #92721 TO NTCS, INC. IN THE AMOUNT OF $27,932.)
11. NO. 99-045
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR INSTALLATION OF
AN INTERAGENCY INTERNET NETWORK AS AWARDED BUY THE STATE OF
TEXAS GENERAL SERVICES COMMISSION THROUGH QUALIFIED
INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (PO #92722 TO NTCS, INC. IN THE AMOUNT OF $59,374.)
12. NO. 99-046
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR INSTALLATION OF A
REMOTE ACCESS SERVER AND SOFTWARE AS AWARDED BUY THE STATE
OF TEXAS GENERAL SERVICES COMMISSION THROUGH QUALIFIED
INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
City of Denton City Council Minutes
February 16, 1999
Page 4
DATE. (PO #92725 TO NTCS, INC. IN THE AMOUNT OF $29,141.)
13. NO. 99-047
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF FLEET VEHICLES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (BID #2310-A-FLEET VEHICLES REBID AWARDED AS LISTED IN THE
TOTAL AMOUNT OF $129,317.60.)
14. NO. 99-048
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A TYPE
36 SINGLE FIBER SPLICER AS AWARDED BY THE STATE OF TEXAS
GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PO #92859 TO
FMS TECHNOLOGIES, INC. IN THE AMOUNT OF $27,100.)
15. NO. 99-049
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
16. NO. 99-050
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE
CITY OF LAKE DALLAS FOR THE IMPOUNDMENT AND DISPOSITION OF
DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE
PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
PUBLIC HEARINGS
17. The Council held a public hearing regarding the proposed annexation of a 52.49-acre tract
located on the south side of Ryan Road, 150 feet east of Forestridge Road. (A-79)
Mark Donaldson, Assistant Planning Director, stated the petition was to annex 52.49 acres in
south Denton. The proposal was contiguous with the current city limits. The request also came
with a zoning request for two zoned districts in the tract. 21.5 acres would be Single-Family 16
that were adjacent to Ryan Road. The second 31 acres would be Single-Family 10. The property
already had an approved preliminary plat at the Planning and Zoning Commission meeting in
December. The utilities that were already in the area would be utilized by the developer. This
request was consistent with the Denton Development Plan and Growth Management Strategy.
City of Denton City Council Minutes
February 16, 1999
Page 5
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Charles Stafford - favor
Patty Clark - neutral
Gary Drumb – favor
Mike Cordell – opposition
The Mayor closed the public hearing.
ITEMS FOR INDIVIDUAL CONSIDERATION
18. The Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing the City Manager to execute a professional services agreement with Huitt-Zollars,
Inc. for architectural and engineering services pertaining to the design and construction of the City
of Denton vehicle maintenance facility; authorizing the expenditure of funds therefore; and
providing an effective date.
Earl Crews, Director of Financial/Administrative Services, stated that the vehicle maintenance
facility was no longer adequate to meet the city’s needs. This request asked the Council to
approve an engineering services contract to provide for formal design of the facility, assistance
during construction bids and oversight during construction of the facility.
The following ordinance was considered:
NO. 99-051
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
HUITT-ZOLLARS, INC. FOR ARCHITECTURAL AND ENGINEERING SERVICES
PERTAINING TO THE DESIGN AND CONSTRUCTION OF THE CITY OF
DENTON VEHICLE MAINTENANCE FACILITY; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
Durrance motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor
Miller “aye”. Motion carried with a 5-2 vote.
19. The Council considered adoption of an ordinance authorizing the Mayor to enter into an
interlocal cooperation agreement with Denton County approving the previous filing of a joint
grant application with the State of Texas for a victim notification system; approving the
expenditure of $4,625.00 in matching funds by the City for enhancement of the $108,788.00 grant
funds; and providing an effective date.
City of Denton City Council Minutes
February 16, 1999
Page 6
Captain Paul Abbott, Denton Police Department, stated that the Department was seeking
approval of an interlocal cooperation agreement with Denton County. This request would
approve the previous filing of a joint grant application with the State of Texas for a victim
notification system.
The following ordinance was considered:
NO. 99-052
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN
INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY
APPROVING THE PREVIOUS FILING OF A JOINT GRANT APPLICATION WITH
THE STATE OF TEXAS FOR A VICTIM NOTIFICATION SYSTEM; APPROVING
THE EXPENDITURE OF $4,625.00 IN MATCHING FUNDS BY THE CITY FOR
ENHANCEMENT OF THE $108,788.00 GRANT FUNDS; AND PROVIDING AN
EFFECTIVE DATE.
Young motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
20. The Council considered adoption of an ordinance of the City Council of the City of
Denton, Texas authorizing the Mayor or City Manager to execute the attached service agreement
between the City of Denton, Texas and Interactive Systems, LLC for equipment, software and
support from previously budgeted grant and matching funds and providing for an effective date.
Captain Paul Abbott, Denton Police Department, stated that this would be a service agreement for
equipment, software and support for the grant.
The following ordinance was considered:
NO. 99-054
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE
ATTACHED SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND INTERACTIVE SYSTEMS, LLC FOR EQUIPMENT, SOFTWARE AND
SUPPORT FROM PREVIOUSLY BUDGETED GRANT AND MATCHING FUNDS
AND PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned Young seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
21. The Council considered adoption of an ordinance authorizing the City Manager to execute
an airport lease agreement between the City of Denton and Douglas C. Weyer to lease certain
City of Denton City Council Minutes
February 16, 1999
Page 7
premises of the Municipal Airport for the purpose of constructing and maintaining office and
hanger facilities thereon; and providing an effective date.
Mark Nelson, Airport Manager, stated that this agreement would be for 30 years for the
construction and maintenance of office and hanger facilities at the Denton Municipal Airport.
Council Member Kristoferson asked what type of signs would be allowed at this site.
Nelson stated that the Airport staff and Building Official would address that when the final plans
were submitted.
Council Member Kristoferson requested that staff standardize the sign issues into a policy so as
not to be arbitrary.
The following ordinance was considered:
NO. 99-054
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND
DOUGLAS C. WEYER TO LEASE CERTAIN PREMISES OF THE MUNICIPAL
AIRPORT FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING OFFICE
AND HANGER FACILITIES THEREON; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor
Miller “aye”. Motion carried with a 5-2 vote.
22. The Council considered adoption of an ordinance authorizing the City Manager to execute
an airport lease agreement between the City of Denton and Wayne Allen Construction Company,
Inc. to lease certain premises of the Municipal Airport for the purpose of constructing and
maintaining office and hangar facilities thereon; and providing an effective date.
Mark Nelson, Airport Manager, stated that Mr. Allen would be building a customized hanger for
potential clients.
The following ordinance was considered:
NO. 99-055
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND
WAYNE ALLEN CONSTRUCTION COMPANY, INC. TO LEASE CERTAIN
PREMISES OF THE MUNICIPAL AIRPORT FOR THE PURPOSE OF
CONSTRUCTING AND MAINTAINING OFFICE AND HANGAR FACILITIES
THEREON; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
February 16, 1999
Page 8
Beasley motioned, Burroughs seconded to adopt the ordinance with Option II. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young
“aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote.
23. The Council considered adoption of an ordinance ordering an election to be held in the
City of Denton, Texas, on May 1, 1999, and if a runoff election is required, on May 29, 1999, for
the purpose of electing council members to Places 1, 2, 3 and 4 of the City Council of the City of
Denton, Texas; designating voting places and appointing election officials; providing for bilingual
notice of the election; ordering that an electronic voting system be used; making additional
provisions for the conduct thereof; providing an Open Meetings clause; and providing for an
effective date.
The following ordinance was considered:
NO. 99-056
AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF
DENTON, TEXAS, ON MAY 1, 1999, AND IF A RUNOFF ELECTION IS
REQUIRED, ON MAY 29, 1999, FOR THE PURPOSE OF ELECTING COUNCIL
MEMBERS TO PLACES 1, 2, 3 AND 4 OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS; DESIGNATING VOTING PLACES AND APPOINTING
ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE
ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED;
MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF;
PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
24. The Council considered adoption of an ordinance ordering an election to be held on May
1, 1999 in conjunction with the regular city council election for the purpose of submitting to the
registered voters of Denton, Texas amendments to the Denton City Charter regarding sale and
alienation of portions of public utilities; creating new utilities; qualifications of candidates for
elections; procedures for holding elections; authorizing public utility franchise charges; setting
procedure for adopting a budget; deleting certain portions of Article VIII “Revenue and
Taxation”; correcting references to applicable laws; removal of the Board of Adjustment, Public
Utilities Board, and Parks and Recreation Board from the City Charter and expanding these
boards to seven members; providing notice of claim procedures in compliance with State law;
eliminating Planning Commission recommendations on sales and purchases of property and on
utility capital improvements; providing that the Charter shall be gender neutral; designating the
place of holding such an election; naming the officers thereof; prescribing the form of ballot;
providing for notice; providing for publication of notice of this election; providing a severability
clause; providing an open meetings clause; and providing an effective date.
City of Denton City Council Minutes
February 16, 1999
Page 9
City Attorney Prouty stated that there were two alternatives for the Council to consider that were
not included in the ordinance. The first was an amendment regarding the option to eliminate the
supermajority vote now needed for annexation and have a majority only vote. The second
amendment was to remove the Planning and Zoning Commission from the Charter and reenact it
in ordinance form similar to what was recommended for Public Utilities Board, the Board of
Adjustment and the Parks and Recreation Board. Staff was recommending that this amendment
not be done.
Mayor Pro Tem Beasley stated that state law had superseded what was in the Charter as it had
not been updated for 20 years. These changes would not be changing the essential elements of the
Charter. They were administrative elements only.
Council Member Durrance stated that he was in favor of including the annexation issue with the
Charter amendments. He would not be in favor of including the planning issue.
Council Member Cochran stated that the proposal dealing with the annexation issue would change
the annexation policy from a four-fifths majority vote to a simple majority vote. If there were no
examples of a problem that they were trying to correct, he felt there was no need to have a change
in the process. He would consider the amendment if there had been a problem in the past but as
there had not been any, he was not in favor of the change.
Council Member Burroughs stated that he was in favor of amendments 1-14 and alternate #1. He
felt there were currently many protections and limits on annexation proceedings.
The following ordinance was considered:
NO. 99-057
AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999 IN
CONJUNCTION WITH THE REGULAR CITY COUNCIL ELECTION FOR THE
PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON,
TEXAS AMENDMENTS TO THE DENTON CITY CHARTER REGARDING SALE
AND ALIENATION OF PORTIONS OF PUBLIC UTILITIES; CREATING NEW
UTILITIES; QUALIFICATIONS OF CANDIDATES FOR ELECTIONS;
PROCEDURES FOR HOLDING ELECTIONS; AUTHORIZING PUBLIC UTILITY
FRANCHISE CHARGES; SETTING PROCEDURE FOR ADOPTING A BUDGET;
DELETING CERTAIN PORTIONS OF ARTICLE VIII “REVENUE AND
TAXATION”; CORRECTING REFERENCES TO APPLICABLE LAWS; REMOVAL
OF THE BOARD OF ADJUSTMENT, PUBLIC UTILITIES BOARD, AND PARKS
AND RECREATION BOARD FROM THE CITY CHARTER AND EXPANDING
THESE BOARDS TO SEVEN MEMBERS; PROVIDING NOTICE OF CLAIM
PROCEDURES IN COMPLIANCE WITH STATE LAW; ELIMINATING PLANNING
COMMISSION RECOMMENDATIONS ON SALES AND PURCHASES OF
PROPERTY AND ON UTILITY CAPITAL IMPROVEMENTS; PROVIDING THAT
THE CHARTER SHALL BE GENDER NEUTRAL; DESIGNATING THE PLACE OF
HOLDING SUCH AN ELECTION; NAMING THE OFFICERS THEREOF;
PRESCRIBING THE FORM OF BALLOT; PROVIDING FOR NOTICE; PROVIDING
City of Denton City Council Minutes
February 16, 1999
Page 10
FOR PUBLICATION OF NOTICE OF THIS ELECTION; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to approve the ordinance with propositions 1-14.
Beasley motioned, Durrance seconded to amend the motion to approve alternate #1.
Mayor Pro Tem Beasley asked for comments from the Planning Department.
Dave Hill, Director of Planning and Development, stated that since the adoption of the Charter in
1959 there had been many changes for annexations with stronger controls and requirements.
Since 1990 had been no involuntary annexations in the City. Denton might be facing those types
of issues of involuntary annexation in the future in regards to the Comprehensive Plan. There
were few cities that required a supermajority vote for annexations.
Council Member Cochran stated that he was in favor of what would be in the best interest of
community. If six members of the Council would not vote for an annexation case, there probably
was a problem with the annexation.
On roll vote on the amendment, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”,
Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote.
On roll vote of the main motion as amended, Beasley “aye”, Burroughs “aye”, Cochran “aye”,
Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
25. The Council considered adoption of an ordinance of the City of Denton, Texas suspending
the proposed rate change set forth in the Statement of Intent and Application filed on January 15,
1999 by Texas Utilities Electric Company for time-of-use rate options pertaining to the sale of
electric service to its residential, commercial, and industrial customers in the City of Denton,
Texas, for ninety days beyond the intended effective date; adopting declarations and findings in
the preamble; providing the reasons therefor; providing for a severability clause; and providing for
an effective date.
Mike Coplan, Assistant City Attorney, stated that Texas Utilities had requested a proposed rate
change for its time-of-use rate options pertaining to the sale of electric service. Staff was asking
Council to not decline or disapprove or approve the request but to defer to the judgement of the
Public Utilities Commission. It was felt that this was the best place for such a determination to be
made.
The following ordinance was considered:
NO. 99-058
AN ORDINANCE OF THE CITY OF DENTON, TEXAS SUSPENDING THE
PROPOSED RATE CHANGE SET FORTH IN THE STATEMENT OF INTENT AND
City of Denton City Council Minutes
February 16, 1999
Page 11
APPLICATION FILED ON JANUARY 15, 1999 BY TEXAS UTILITIES ELECTRIC
COMPANY FOR TIME-OF-USE RATE OPTIONS PERTAINING TO THE SALE OF
ELECTRIC SERVICE TO ITS RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL
CUSTOMERS IN THE CITY OF DENTON, TEXAS, FOR NINETY DAYS BEYOND
THE INTENDED EFFECTIVE DATE; ADOPTING DECLARATIONS AND
FINDINGS IN THE PREAMBLE; PROVIDING THE REASONS THEREFOR;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor
Miller “aye”. Motion carried unanimously.
26. The Council considered approval of a resolution accepting the resignation of Bob Coplen
and appointing Howard Martin as the City’s representative to serve as a member of the Board of
Directors of the Upper Trinity Regional Water District; and providing an effective date.
The following resolution was considered:
NO. R99-007
A RESOLUTION ACCEPTING THE RESIGNATION OF BOB COPLEN AND
APPOINTING HOWARD MARTIN AS THE CITY’S REPRESENTATIVE TO
SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE UPPER
TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN EFFECTIVE
DATE.
Kristoferson motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley
“aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller
“aye”. Motion carried unanimously.
27. Miscellaneous matters from the City Manager.
City Manager Jez did not have any items for Council.
28. New Business
There were no items of New Business for future agendas.
29. There was no continuation of Closed Meeting under Sections 551-071–551.085 of the
Texas Open Meetings Act.
30. There was no official action on Closed Meeting items held under Section 551-071–
551.085 of the Texas Open Meetings Act.
Following the completion of the Regular Meeting, the Council convened into a Work Session.
City of Denton City Council Minutes
February 16, 1999
Page 12
1. The Council received a report, held a discussion and gave staff direction regarding Lone
Star Gas Company’s request to increase rates in the City of Denton service area.
City Attorney Prouty stated that as a result of Council direction given at a prior work session,
Lone Star Gas and Diversified were present to answer questions regarding the proposed rate
increase by Lone Star Gas Company.
Dan Lawton, Diversified, stated that Lone Star Gas was requesting a $476,000 annual rate
increase from Denton’s customers. They were recommending no rate increase as proposed by
Lone Star Gas. He stated that the issue of ALG versus ELG would not really affect what the
company would receive. It would still collect those dollars, it was merely a question on how fast
it would be collected. He felt 1997 was an unusual year for testing. The Council needed to
decide how much increase the City wanted to give the company and then decide the rate
structure.
Mayor Miller felt the proposed customer charge in the rate design was regressive to small users.
Lawton replied that it was regressive as every customer would have the same charge. The
customer charge was the cost to send out the bill, the cost of postage, reading the meter, etc.
Kirk King, Lone Star Gas, felt the rate increase was reasonable. He reviewed the back-up
materials he had submitted for the agenda regarding the proposed rate increase.
City Attorney Prouty stated that Council needed to give direction regarding how much increase, if
any, to grant, where that increase would be allocated either for the residential or commercial
customers, whether or not to adopt COSA or PICA standards and allocation for the monthly
charge for lower end customers.
Council Member Durrance suggested no rate increase at this time and to not participate in COSA
or PICA and as a result there would be no need for a discussion of an allocation of rate increase.
If Lone Star appealed this proposal, it could go to the Railroad Commission.
Council Member Young recommended a 3% increase.
Council Member Cochran agreed with Council Member Durrance’s suggestion of no increase.
Council Member Kristoferson stated that the figures indicated that Denton was receiving good
service for a low rate. She felt in the long term with possible litigation with the Railroad
Commission that Denton should pay its fair share of expenses.
Council Member Burroughs stated that he did not have a problem with COSA and some type of
rate increase. He would agree with the 3% increase and suggested a rate structure of $5.50 for
residential customers and $12 for commercial customers as a basis for the rate increase. Council
did not have to accept COSA if it went up and Council could approve it each year.
Mayor Miller stated that he favored a 3% rate increase with $5.50 for residential customers and
City of Denton City Council Minutes
February 16, 1999
Page 13
$10 for commercial customers for the monthly service fee. He was not comfortable with COSA.
Mayor Pro Tem Beasley felt that no increase was needed at this point in time and that it should be
brought back in another year for study.
After a lengthy discussion, consensus of the Council was to favor a 3% increase in revenue from
the system with $10 on commercial customers and $5.50 on residential customers for the monthly
service fee with no COSA or PICA. The revenue service charges would be a 75/25% split. The
consultant fee would be collected over a six-month period on the customer’s bills.
With no further business, the meeting was adjourned at 11:20 p.m.
______________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
_______________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS